South Carolina General Assembly
113th Session, 1999-2000
Journal of the House of Representatives


Printed Page 2054 . . . . . Wednesday, April 21, 1999

Wednesday, April 21, 1999
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The House assembled at 10:00 A.M.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark, as follows:

Almighty God, always near to hear us when we pray and answer us when we call, make us sensitive and responsive to the promptings of Your word. Make us always ready to yield ourselves to Your guidance for our littleness needs Your direction and our weakness needs Your strength. Grant that nothing may eclipse our faith or obscure our hope as we labor and pray that "Your will be done on earth as it is in Heaven." Hear us as we pray in praise and thanksgiving. Amen.

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

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

MOTION ADOPTED

Rep. KIRSH moved that when the House adjourns, it adjourn in memory of Charles Carroll of Rock Hill, which was agreed to.

SILENT PRAYER

On motion of Rep. HAYES, the House stood in silent prayer for the victims, their families and the students of Columbine High School in Denver, Colorado.

REPORT RECEIVED

The following was received.

Committee to Screen Candidates
For Boards of Trustees
of State Colleges and Universities


Printed Page 2055 . . . . . Wednesday, April 21, 1999

Memorandum To:   Clerk of the House

Clerk of the Senate
Re:           Transcipt of Hearings

In compliance with the provisions of Act 119 of 1975, it is respectfully requested that the following information be printed in the Journals of the Senate and the House.

Respectfully submitted,
Olin Phillips
Chairman

Pursuant to Act 119 of 1975, the Committee to Screen Candidates for Boards of Trustees of State Colleges and Universities was convened to consider the qualifications of candidates seeking to fill certain positions on boards of trustees of the state's colleges and universities. The committee conducts such investigation of each candidate as it deems appropriate and reports its findings to the General Assembly prior to the election. It is not the function of the committee to recommend one candidate over another or to suggest to the individual legislator for whom to vote. The purpose of the committee is instead to determine whether a candidate is qualified and under the statute, the committee is instead to determine whether a candidate is qualified and under the statute, the committee's determination in that regard is not binding upon the General Assembly. The candidates are:

The Citadel
At large

one seat       Col. John A. McAllister, Jr. (Mt.Carmel)

Mr. Julian G. Frazier III (Sumter)

Mr. Robert M. Sutton (Myrtle Beach)

Coastal Carolina University
Six congressional districts and two at large

1st District, Seat 1     Mr. Clark B. Parker (Myrtle Beach)

Ms. Gloria A. Bonali (Conway)

Mr. Ronald R. Norton (Conway)

2nd District, Seat 3     Mr. Oran P. Smith (Columbia)

3rd District, Seat 5     Mr. Payne H. Barnette, Jr.(Greenwood)

4th District, Seat 7     Ms. Elaine W. Marks (Spartanburg)

5th District, Seat 9     Ms. Juli Streater Powers (Bennettsville)


Printed Page 2056 . . . . . Wednesday, April 21, 1999

6th District, Seat 11     Mr. Fred F. DuBard, Jr. (Florence)

At-large, Seat 13     Mr. H. Franklin Burroughs (Conway)

Ms. Etrulia P. Dozier (Conway)

At-large, Seat 15     Mrs. Lee Mason (Surfside Beach)

Lander University

One congressional district

1st District, Seat 2     Mrs. Robin R. Agnew (Pawleys Island)

South Carolina State

Three congressional districts

1st District, Seat 1     Mr. Arnold Collins (Charleston)

2nd District, Seat 2     Mr. Samuel Glover (Columbia)

4th District, Seat 4     Dr. James L. Bullard (Greenville)

Mr. John A. McCarroll (Lyman)

Wil Lou Gray Opportunity School

At-large

Three seats     Mr. Vince Rhoads (West Columbia)

Dr. Louis T. Scott (Florence)

Mr. Lowell C. "Butch" Spires (Cayce)

Dr. Barbara D. Dilligard (Charleston)

Winthrop University

At-large

One seat     Mr. Robert L. Thompson (Fort Mill)

Mr. Rick Lee (Rock Hill)

Respectfully submitted,

s/s Rep. Olin Phillips, Chm.   s/s Sen. Joe Wilson, V-Chm.
s/s Rep. Curtis Inabinett, Sec.   s/s Sen. Warren K. Giese
s/s Rep. Lanny Littlejohn   s/s Sen. Maggie W. Glover
s/s Rep. Margaret Gamble   s/s Sen. James E. Bryan, Jr.


Printed Page 2057 . . . . . Wednesday, April 21, 1999

COMMITTEE TO SCREEN CANDIDATES
FOR BOARDS OF TRUSTEES
OF STATE COLLEGES AND UNIVERSITIES

********

Wednesday, March 24, 1999
9:08 a.m. - 11:32 a.m.

The meeting was conducted on March 24th, 1999
at 427 Blatt Building, South Carolina, before Sonya
S. Keesee, Court Reporter and Notary Public in and
for the State of South Carolina.

APPEARANCES:

Representative Olin Phillips
Representative Margaret Gamble
Representative Lanny F. Littlejohn
Representative Curtis B. Inabinett
Senator Addison "Joe" G. Wilson
Senator Maggie W. Glover
Senator James E. Bryan, Jr.

ALSO PRESENT:

Sophia Floyd

CHAIRMAN PHILLIPS: I'd like to call the meeting to order. The Committee to Screen Candidates for the Boards of the Trustees of Colleges and Universities. First of all, I'd like to introduce the committee and starting with Senator Jim Bryan, and Senator Joe Wilson, and Representative Margaret Gamble, Representative Lanny Littlejohn, and Representative Curtis Inabinett. Senator Giese couldn't be here, he's got another committee meeting. And we are expecting Senator Glover to come at anytime. The swearing in of the candidates, each one of you as you come forth will be sworn in, raise your right hand and I'll ask you to swear in. And we'll start off with the Citadel.

SENATOR WILSON: Mr. Chairman?

CHAIRMAN PHILLIPS: Yes.


Printed Page 2058 . . . . . Wednesday, April 21, 1999

SENATOR WILSON: Even before we begin I want to thank Ms. Floyd for the terrific job that she has done of getting information out to the citizens of South Carolina of how to apply. And also her excellent work in providing to us that information so that we could have such a good meeting this morning with the information previously provided.

CHAIRMAN PHILLIPS: Thank you, Senator. Thank you, Ms. Floyd. And I'd like to say the same thing, Sophia has done a wonderful job. Our first candidate will be Colonel John McAllister, Jr. Will you please raise your right hand? The information you give here to be the sole truth and nothing but the truth so help you God?

COLONEL MCALLISTER: I do.

CHAIRMAN PHILLIPS: All right, sir. You may go ahead and make a statement. First of all, I've got a few questions I'd like to ask you.

COLONEL MCALLISTER: Yes, sir.

CHAIRMAN PHILLIPS: Do you have any health related problems that the screening committee should know that would prevent you from serving on the Board in a full capacity?

COLONEL MCALLISTER: No, I do not, Mr. Chairman.

CHAIRMAN PHILLIPS: Considering your present occupation and other activities, would you be able to attend Board meetings on a regular basis?

COLONEL MCALLISTER: Yes, I would, Mr. Chairman.

CHAIRMAN PHILLIPS: Do you have any interests, professionally or personally, that presents a conflict of interest because of your service on the Board?

COLONEL MCALLISTER: No, I do not.

CHAIRMAN PHILLIPS: Do you now hold any public position of honor or trust that if elected to the Board would cause you to violate the dual office holding in the Constitution?

COLONEL MCALLISTER: No, I do not.

CHAIRMAN PHILLIPS: Yes, sir. All right. You're welcome to start with your statement.
COLONEL MCALLISTER: Thank you, Mr. Chairman. Chairman Phillips and distinguished members of the Committee, I come before you today to express my intent to run for re-election to the Citadel Board of Visitors. In 1989, I was elected to fill the seat vacated by Senator Billy O'Dell of Ware Shoals. I graduated from the Citadel in 1980 with a Bachelor of Science degree in Business Administration. I completed the Executive Program of Professional Management at the Keenan-Flagler School of Business, University of North Carolina at


Printed Page 2059 . . . . . Wednesday, April 21, 1999

Chapel Hill in 1991. I also completed the Program for Senior Managers in Government at the John F. Kennedy School of Government at Harvard University in Cambridge, Massachusetts in 1982. I am the owner and Broker-In-Charge of Valley Properties, a real estate brokerage, and consulting firm in Mount Carmel. I serve as an Officer in the South Carolina National Guard. I am Chairman of the Citadel Board of Visitors Building and Grounds Committee. I'm a member of the Education, Curriculum, and Faculty Liaison Committee; Honorary Degrees, Palmetto Medal, and Special Recognition Committee; Customs, Regulation, and Cadet Liaison Committee. Also, I'm a member of the Strategic Planning Committee. My interest in the College is not limited to the Board. I'm actively involved in the Citadel Alumni Association, the Brigadier Club, and the Friends of the Daniel Library. I am also a member of the State Committee for the Employer Support of the Guard and Reserve, The Executive Board of the Blue Ridge Council, Boy Scouts of America, The Abbeville Historic and Preservation Commission, and an Elder in the Associate Reformed Presbyterian Church. For the past ten years, I have served on the Board of Visitors in many leadership roles. The Citadel's tradition of educating citizen soldiers for our State and Nation will stand the test of time. Thank you for your continued support of the military college of South Carolina, and I will be glad to answer any questions that you might have.

CHAIRMAN PHILLIPS: Thank you, Colonel. Any committee members got any questions at all?

SENATOR WILSON: Mr. Chairman?

CHAIRMAN PHILLIPS: Mr. Wilson?

SENATOR WILSON: A great concern that I have is a four year graduation rate that if the public colleges and private colleges of South Carolina need to encourage students to complete their higher education in four years and then hopefully go on to a graduate degree. Of course the Citadel has the highest graduation rate of any public college in South Carolina. It should be commended. And what do you feel could be done more to assist in providing for a four year graduation rating?

COLONEL MCALLISTER: As you said, Senator, the Citadel leads the State and the southeast region of the United States for graduation for four year graduates. We're very proud of that. We have a very difficult process at the Citadel. The freshman year, I think most of you agree that are familiar with the Citadel, understands it's a very tedious, very emotional, a very physical process that they go through. If I was asked, just as you've asked me today, what suggestion I would


Printed Page 2060 . . . . . Wednesday, April 21, 1999

make, the Citadel begins with teaching values. And those values that we impart, the duty, honor, country; those values, when it is imparted at a very early time in a young man or a young woman's educational process, I really believe that that gives them the foundation by which when the going gets tough they get going and they'll finish that four year degree within the allocated time.

CHAIRMAN PHILLIPS: Any other questions?

REPRESENTATIVE INABINETT: Mr. Phillips?

CHAIRMAN PHILLIPS: Mr. Inabinett?

REPRESENTATIVE INABINETT: Thank you. Colonel McAllister, I have one question.

COLONEL MCALLISTER: Yes.

REPRESENTATIVE INABINETT: The statement prior to the question, we are lobbied pretty heavily by lobbyists, particularly during the budgetary process.

COLONEL MCALLISTER: Yes, sir.

REPRESENTATIVE INABINETT: As a board member, are you involved in the dialogue determining what, or the amount that's going to be asked for by the college? I mean, you know, going to ask the State for.

COLONEL MCALLISTER: Certainly as a member of the Citadel Board of Visitors I monitor that very closely. We have a very capable and qualified governmental affairs representative here that accurately shares the administration policy and the policies of the Board of Visitors. I do monitor that. I do re-enforce the request of the College, but I do not actively lobby members of the General Assembly. We do that through our governmental affairs area. But we do support budgetary requests, and we do support those.

REPRESENTATIVE INABINETT: So you are aware of the amount that will be asked for before the lobbyists and others ...

COLONEL MCALLISTER: Oh, yes. Yes, sir. Yes, we are.

REPRESENTATIVE INABINETT: Thank you.

CHAIRMAN PHILLIPS: Are there anymore questions from Council? No. Thank you, Mr. McAllister.

COLONEL MCALLISTER: Thank you, Mr. Chairman.

CHAIRMAN PHILLIPS: The next candidate is Mr. Julian Frasier, III. Mr. Frasier, will you please raise your right hand? Do you swear to give the truth and nothing but the truth so help you God?

MR. FRASIER: I do.


Printed Page 2061 . . . . . Wednesday, April 21, 1999

CHAIRMAN PHILLIPS: Thank you, sir. Do you have any health related problems that the screening committee should be made aware of?

MR. FRASIER: No, sir.

CHAIRMAN PHILLIPS: ... that would prevent you from serving on the Board in a full capacity?

MR. FRASIER: Yes, sir. (sic)

CHAIRMAN PHILLIPS: Considering your present occupation and other activities, would you be able to attend the Board and meetings on a regular basis?

MR. FRASIER: Yes, sir.

CHAIRMAN PHILLIPS: Do you have any interests personally or professionally that presents a conflict of interest because of your service on this Board?

MR. FRASIER: No, sir.

CHAIRMAN PHILLIPS: Do you now hold any public position of honor and trust that if you were elected would consider it a dual office holding?

MR. FRASIER: No, sir.

CHAIRMAN PHILLIPS: Go ahead with your statement, sir.

MR. FRASIER: I'm Julian Frasier III. I was born in Charleston, South Carolina in 1937. I've lived in Sumter, South Carolina for the last 25 years. And my profession is I'm a GoodYear tire dealer which we operate stores scattered all over the State. My involvement with the Citadel has been numerous jobs. I started off as a Director of the Alumni Association, and also the Brigadier Foundation. I've been the President of the Brigadier Foundation which is the athletic fundraising arm of the Citadel. I've also been President of the Alumni Association. I was elected in 1990 by the alumni of the Citadel to serve on the Board of Visitors which I did for nearly seven years filling an unexpired term plus my regular term. Of my involvement with the Board of visitors was that I was building and grounds chairman, and then my most recent chairmanship was the athletic committee. I have financially contributed to the Citadel as well as my time and my talents, and I feel like I'm very qualified to retain ... to obtain a seat that is of this office.

SENATOR WILSON: Mr. Chairman?

CHAIRMAN PHILLIPS: Senator Wilson?

SENATOR WILSON: Again, my interest, and I appreciate so much that the Citadel has the highest graduation rate. What do you feel can be done to promote a four year graduation rating?


Printed Page 2062 . . . . . Wednesday, April 21, 1999

MR. FRASIER: Senator, are you talking about just at the Citadel or ...

SENATOR WILSON: At the Citadel.

MR. FRASIER: At the Citadel.

SENATOR WILSON: And possibly it could be picked up by other colleges and universities, too.

Mr. FRASIER: Well, as to build on what my colleague, Colonel McAllister had to say, the Citadel is unique as far as the pressure. I will use that word to ... on young cadets, male and female, to finish with their class. And that's one of the reasons you have this pressure that you want when you come in together and you want to walk the stage together. And that's one of the biggest things that I see that is a pressure point on the young folks to finish with their class and be expediate with their studies so that they walk out at the same time. That uniqueness is one of the biggest reasons and the discipline that goes with it is the reason that the Citadel has such a high graduation rate. I don't see that, Senator, that the Citadel can do a whole lot more than what it's doing right now to accomplish this. The pressures are such as I just pointed out that I feel like that all of the emphasis can be put on studies are there for them to graduate on time, and I think the record speaks for itself.

SENATOR WILSON: Thank you.

CHAIRMAN PHILLIPS: We welcome to the committee Senator Glover. Good morning, Ms. Glover, Maggie.

SENATOR GLOVER: Thank you.

CHAIRMAN PHILLIPS: Anymore questions from any of the members of the Board? None.

CHAIRMAN PHILLIPS: Thank you. Thank you, sir. Thank you very much. Mr. Robert M. Sutton. Mr. Sutton, will you please raise your right hand? Do you swear to the truth and nothing but the truth so help you God that the information to be asked to you this morning?

MR. SUTTON: I do.

CHAIRMAN PHILLIPS: Thank you, sir. Mr. Sutton, do you have any health related problems that this screening committee should be aware of that would keep you from serving in a full capacity?

MR. SUTTON: No, sir.

CHAIRMAN PHILLIPS: Considering your present occupation and other activities would you be able to attend the Boards and meetings on a regular basis?

MR. SUTTON: I would.


Printed Page 2063 . . . . . Wednesday, April 21, 1999

CHAIRMAN PHILLIPS: Do you have any interests, professionally or personally, that presents a conflict of interest because of your service on this Board?

MR. SUTTON: No, sir.

CHAIRMAN PHILLIPS: Do you now hold any public position of honor or trust that if elected to the Board would cause you to violate the dual office holding by the Constitution?

MR. SUTTON: No, sir.

CHAIRMAN PHILLIPS: The committee members are welcome to ask any questions. Any committee members?

SENATOR WILSON: His opening statement.

CHAIRMAN PHILLIPS: Yes, okay, I'm sorry. Your opening statement, sir.

MR. SUTTON: Thank you, Chairman Phillips, and distinguished members of the committee. My name is Bob Sutton and I'm from Horry County. I'm a 1985 distinguished military graduate of the Citadel. Following graduation I went off for service in the United States Army. I was commissioned as a regular army officer which is the same commission given to graduates in the military academy. My first assignment was Fort Knox, Kentucky where I was selected to be the class leader of 80 other officers in my class. I graduated from Fort Knox, Kentucky with a Commandant's List Honors. Went on from there to serve in the First Armored Division in Germany. I had two troop leading assignments while I was there. Finished up my assignment in Germany as an operations officer for what we call a military sub community. It's essentially being an assistant to the Mayor type position. When I returned to the States I was assigned to the Cavalry weapons department at Fort Knox, Kentucky where I was placed in charge of the development of the Cavalry weapons training facility. That's a $3.5 million project. It involved close coordination with the civilian sector industry, and in the end we had Senator McConnell, United States Senator come visit. And I was in charge of his ...

SENATOR WILSON: He seems like a United States Senator, but he's a State Senator.

MR. SUTTON: Yeah, I'm sorry.

SENATOR WILSON: He's a ... excuse me, he's a Senator from the State of Charleston.

MR. SUTTON: I'm referring to ... I'm sorry.

SENATOR WILSON: Kentucky.


Printed Page 2064 . . . . . Wednesday, April 21, 1999

MR. SUTTON: I'm referring to United States Senator Mitch McConnell from Kentucky.

SENATOR WILSON: Oh, here, excellent.

MR. SUTTON: Following the ... I'm sorry, following the military I decided to go to law school. Went to the University of South Carolina. Graduated in 1990. Following graduation I served a one year judicial clerkship with the honorable David Maring, Circuit Court Judge. From there I went into private practice. Served a year in private practice and then went out on my own. I've been on my own in private practice for four years now. I've practiced primarily criminal defense and personal injury. I'm a life member of the association of Citadel Men. I'm a member of the Horry County Citadel Club, and a member of First Presbyterian Church of Myrtle Beach. Thank you.

CHAIRMAN PHILLIPS: Thank you, Mr. Sutton. Any committee members have any questions? Senator Wilson?

SENATOR WILSON: Mr. Sutton, what is your view about promoting a four year graduation rating?

MR. SUTTON: As Julian Frasier said, Senator, the function of the four year graduation rate at the Citadel is the class pressure. And I remember that class pressure well. From day one you're part of a class, the class of 1985, which was my class. I wasn't '84, I wasn't '86, I wasn't '87. I was going to walk across that stage with the class of '85. And there is pressure from day one and all through your career, and I think that's why we have such a high graduation rating. And I remember, I still remember to this day some of my classmates senior year were getting a little close to that line. And some of us had to reach down and help them so they could walk across the stage with our class. But it's definitely a function of the class system at the Citadel, Senator.

SENATOR WILSON: Thank you.

CHAIRMAN PHILLIPS: Representative Littlejohn?

REPRESENTATIVE LITTLEJOHN: Mr. Sutton, I notice you're a pretty busy man. How much time do you anticipate this Board taking of your time? How much time do you plan on spending?

MR. SUTTON: Mr. Chairman, I called Billy Jenkins, who's on the Board of Visitors and asked him about the time commitment before I decided to announce my candidacy. He informed me that it takes probably ten to 15, 20 hours a week. Sometimes more. At least one or two weeks, weekends a month. You can be as busy as you want to be. And to serve the Citadel, I'll do whatever is necessary. That's my Alma


Printed Page 2065 . . . . . Wednesday, April 21, 1999

Mater. I have a vested interest in seeing it become the best school in the State, and remain the best school in the State.

REPRESENTATIVE LITTLEJOHN: Do you have any personal goals to see that something gets accomplished that you'd like to see?

MR. SUTTON: Yes, sir, I do. In a recent alumni magazine, I read a letter from one of the alumni, and he said it seems something is missing at the Citadel. And I would agree with him. I've heard that comment from many of my classmates, from many people I know. I think in recent years the Citadel's been under fire. We had our troubles, you know, we fought the integration of women. That battle was fought. The women are there. We're going to do the best we can to integrate them and make sure they're a part of that school, make sure they meet the same high standards as everybody else in the corp. We're going to put that behind us. We need to heal that wound. A lot of the alumni feel alienated by that battle. A lot of the alumni are not contributing who were former contributors to the Citadel. We need to bring them back into the fold. We need to heal those wounds. We need to reach out to those alumni, and we need to make sure the Corp of Cadets understands that we're all together in this thing.

CHAIRMAN PHILLIPS: Any other committee members? No? Thank you, Mr. Sutton.

MR. SUTTON: Thank you.

CHAIRMAN PHILLIPS: Okay, let's go to ...

REPRESENTATIVE LITTLEJOHN: Mr. Chairman, a form of inquiry. On these uncontested seats are we going to have a statement from these candidates or just the contestants?

CHAIRMAN PHILLIPS: If there is no objection made, we can excuse them. Do we have any objection?

SENATOR WILSON:     Some of them.

MR. CHAIRMAN PHILLIPS: No objection? No objection, okay. So what ... when we get to the ones that are unopposed, and they are already incumbents, we will not ask you to make a statement at this time. We ask you to ... you may be excused. And when we get to that area we'll excuse you.

REPRESENTATIVE LITTLEJOHN: Well, we'll need to ask some questions.

CHAIRMAN PHILLIPS: Oh, you want to ask questions? I thought you said ...

REPRESENTATIVE LITTLEJOHN: Yes, no statement, but I'd like to ask them some questions. I mean not a ...

CHAIRMAN PHILLIPS: All incumbents?


Printed Page 2066 . . . . . Wednesday, April 21, 1999

REPRESENTATIVE LITTLEJOHN: No, just the ones that don't have, you know, opposition.

CHAIRMAN PHILLIPS: Well, we're going to do that.

REPRESENTATIVE LITTLEJOHN: Oh, okay. I'm sorry.

CHAIRMAN PHILLIPS: I'm speaking about the ones here...

REPRESENTATIVE LITTLEJOHN: Okay, right.

MR. CHAIRMAN PHILLIPS: ... that don't have opposition. And are already seated.

SENATOR WILSON: So they can go back to work.

REPRESENTATIVE GAMBLE: But then he wanted to question everyone.

SENATOR WILSON: Everyone?

SENATOR BRYAN: He just wanted them not to make a statement. He still would like to have you introduce him and then let us ask questions.

SENATOR WILSON: I'll go along with that. It's the pleasure of the committee.

CHAIRMAN PHILLIPS: It's the pleasure of the committee.

REPRESENTATIVE GAMBLE: I'll second that.

CHAIRMAN PHILLIPS: What?

SENATOR WILSON: Withdraw my amendment then.

CHAIRMAN PHILLIPS: Okay.

REPRESENTATIVE GAMBLE: Right.

SENATOR WILSON: Or motion.

CHAIRMAN PHILLIPS: Okay. All right, thank you. Next is the Coastal Carolina University. We have six congressional districts and two at-large. And the 1st District, Seat 1 is Mr. Clark Parker the incumbent. Mr. Parker. Mr. Parker, raise your right hand please. Do you swear the testimony you give this morning to be the truth so help you God?

MR. PARKER: I do.

CHAIRMAN PHILLIPS: Questions. Do you have any health related problems that the screening committee should be made aware of that would prevent you from serving on this Board in a full capacity?

MR. PARKER: Not that I'm aware of.

CHAIRMAN PHILLIPS: Considering your present occupation and other activities would you be able to attend the Board meetings on a regular basis?

MR. PARKER: Yes, sir.


Printed Page 2067 . . . . . Wednesday, April 21, 1999

CHAIRMAN PHILLIPS: Do you have any interests, professionally or personally, that presents a conflict of interest because of your service on this Board?

MR. PARKER: No, sir.

CHAIRMAN PHILLIPS: Do you now hold any public position of honor or trust that if elected would constitute a dual office solely noted in the Constitution?

MR. PARKER: No, sir.

CHAIRMAN PHILLIPS: Your statement, sir.

MR. PARKER: I'm a graduate of Coastal Carolina of 1977. And my wife is also a graduate of Coastal of 1978. I grew up in Horry County, born in Conway. And I've seen the institution grow from just a hand full of students to over 4000 students. I hope that as a parent of three boys that I will see hopefully one or three of those boys graduate from that institution as well. I've served on the Board since the Board was formed in 1995. I've seen a lot of transition and a lot of growth, as well as a lot of coming together. The institutions in the State are trying to help in whatever resources that we can share. As you know we come to the General Assembly a lot in asking for assistance in support of the institutions throughout the State. Monies are thin and we understand we've got to do other things to help bring dollars to the institution from the private sector as well. And I think Coastal's done a good job of doing that in its history as well as currently. And I feel like that's what we as Board members can possibly do is help bring financial resources to the institution to the private sector. I'm proud to be associated with the institution. I think we've got a lot of ... a future ahead of us ofthings to come that we can help the area, the community, and the State, as well as the southeast region. And I'm proud to be a part of the institution.

CHAIRMAN PHILLIPS: Thank you, sir. Does any committee members have any questions of Mr. Parker? Mr. Littlejohn?

REPRESENTATIVE LITTLEJOHN: I'd just like to follow-up on Senator Wilson's statement about the graduation rating, Mr. Parker, something very concerned, that I'm concerned with, would you elaborate on that?

MR. PARKER: We've dealt with that issue quite a bit and we feel like by bringing up our standards of admission that will help with graduation. If we can basically sort out maybe the better students first and allow them, as far as admission standards, that's one barometer we've set. That necessarily doesn't mean a graduation rate at four years because of that. But I think also one thing we've initiated was a


Printed Page 2068 . . . . . Wednesday, April 21, 1999

program in trying to identify those students that needed some help and trying to provide some assistance either being from other faculty or staff, or even the students, to help them try to bring that gap up. We're in a unique area of the State in that there's a lot of jobs, it's plentiful for our students. And that creates a little bit of problem in that they can go out and be either waitresses or waiters, and they earn pretty good money in the tip area, so that sometimes it's ... that postpones some of their graduation efforts. So I don't know if we'll totally eliminate our problem but we are trying to deal with it the best we can.

REPRESENTATIVE LITTLEJOHN: One follow-up question. How do you feel about the State limiting the number of hours a student can take at a higher education school?

MR. PARKER: I think that as a student I think 15 hours is sort of a top barometer.

REPRESENTATIVE LITTLEJOHN: I'm talking about from graduation, 130, 140? Do you think the taxpayer would pay ever how many hours a student wants to take before he graduates?

MR. PARKER: No, I think under the ... in a four year program we should be able to ... that should be able to accomplishment that. I think...

REPRESENTATIVE LITTLEJOHN: But it's not happening though, across the State. And that maybe an underlying reason why we don't have a higher up graduation rate. Kids are not put under pressure to graduate within a scope of time.

MR. PARKER: I think that's got to be dealt with several levels, not only from the parents side. Students' own commitment, as well as the faculty incentives, the faculty has got to be also pushing that as well. And I think it's... all of those have got to be part of the solution.

REPRESENTATIVE LITTLEJOHN: Thank you, Mr. Chairman.

CHAIRMAN PHILLIPS: Anyone else?

REPRESENTATIVE INABINETT: I have one.

CHAIRMAN PHILLIPS: Representative Inabinett?

REPRESENTATIVE INABINETT: Yes, sir. Sir, I have the same question for you. Have you been involved in the annual budgetary process and, if so, briefly tell us to what extent?

MR. PARKER: The budgetary process, we as the Board actually approved the actual budget that's presented as well as entered into by our vice president of financial affairs. As far as our involvement on it, we basically have input as to the contents of that as well as discussions as what those things are that's represented inside the budget. Now as far as we may contact our local delegations but by and large we don't


Printed Page 2069 . . . . . Wednesday, April 21, 1999

go out and solicit directly to the General Assembly ourselves. We do have a lobbyist group that does that.

REPRESENTATIVE INABINETT: Thank you.

CHAIRMAN PHILLIPS: Anybody else have anything? I'd like to ask you one. Coastal Carolina now has been, I think, probably close to four years maybe a little over, four years since you left the University system. Can you elaborate on the success of the institution since it left the University system? Can you tell us about the growth and what's happening down there since you left?

MR. PARKER: The growth has been consistent. I think our identity is one issue that has come to light, is that we have an identity that's our own. We're, I think we're recognized more in the local community as well as the regional community as an institution that's Coastal Carolina's Institution, or it belongs to the region. And I think that two areas that we've done extremely well in is our business area, and are recently accredited. And also in our marine science area. If you look at our enrollment you'll see a good number of our students are coming from out-of-state. About 30 percent are coming from out-of-state. So I think they're looking at a lot of things. Location is important, but academics are very important. And I think we've done a good job there in those particular areas.

CHAIRMAN PHILLIPS: Thank you, sir. Are there anymore questions from anybody? None?

SENATOR GLOVER: I have one.

CHAIRMAN PHILLIPS: Oh, you have one, Senator Glover?

SENATOR GLOVER: Thank you, Mr. Chairman. I think this is for Mr.?

CHAIRMAN PHILLIPS: Parker.

MR. PARKER: Parker.

SENATOR GLOVER: Mr. Parker, what, in your involvement with the budget, what is the institution doing, and you as an individual board member to enhance funds for the institution?

MR. PARKER: We have ... we serve on various committees. One of those is alumni and development committees that's basically looking for private support to do certain things on campus. Recently, for example, local funds built one of our last buildings there. Roughly $3,000,000.00 was done through local millage and local help in Horry County. Right now we're in local fund support for new science and a science building, basically to raise a little over $2,000,000.00 for that effort. So a lot of things have happened in the last years as well as since it's inception from, if you look at the total picture at Coastal


Printed Page 2070 . . . . . Wednesday, April 21, 1999

Carolina, and the buildings and the contents are there. Probably one half of the buildings and the physical plant there have been built by local funds in a lot of cases. So we've done, I feel like we've done our part from the local level.

SENATOR GLOVER: That was one of the reasons I asked that, because I knew that Coastal had done a great deal, and other candidates and institutions need to hear that story.

MR. PARKER: Thank you.

CHAIRMAN PHILLIPS: Thank you. Any other questions of Mr. Parker? None? Thank you, Mr. Parker. The next candidate is Mr. George D. Anderson. Mr. Anderson was not able to attend today. He's on a vacation cruise and won't be back in the Country until about the 6th of April. What would be the desire of the committee? That's a little longer that, and I'll be gone, and ...

REPRESENTATIVE LITTLEJOHN: Mr. Chairman, are we going to finish today?

CHAIRMAN PHILLIPS: We hope to.

SENATOR BRYAN: He sent a statement, didn't he?

SENATOR WILSON: Yes.

SENATOR BRYAN: For the record. All of these are going to be a part of the record, these opening statements here?

CHAIRMAN PHILLIPS: Right. He sent everything he was requested to send except he couldn't be here for the screening because his vacation was planned.

REPRESENTATIVE GAMBLE: Mr. Chairman?

CHAIRMAN PHILLIPS: Dr. Gamble?

REPRESENTATIVE GAMBLE: I recommend that we have Ms. Bonali come next, and the two others, Mr. Norton as well, and if we do not finish today then we can give Mr. Anderson the opportunity to come at the next time. We can just make that decision. But it's 25 til, we're going to need to stop in just about 20 minutes, and we may not finish today.

CHAIRMAN PHILLIPS: That's right. Okay, we'll do that and see what happens when we go back. Next is Ms. Gloria Bonali.

MS. BONALI: Chair.

CHAIRMAN PHILLIPS: Thank you, ma'am.

MS. BONALI: Members of the committee.

CHAIRMAN PHILLIPS: Well, ma'am, I'm going to swear you. Would you please raise your right hand. The truth, the questions and the truth that we hear today, nothing but the truth so help you God?
MS. BONALI: I do.


Printed Page 2071 . . . . . Wednesday, April 21, 1999

CHAIRMAN PHILLIPS: All right. Would you make your opening statement then?

MS. BONALI: Yes.

CHAIRMAN PHILLIPS: Excuse me, ma'am, I want to ...

MS. BONALI: You're going to ask me some questions?

CHAIRMAN PHILLIPS: ... ask you some questions.

MS. BONALI: All right.

CHAIRMAN PHILLIPS: Yes. Do you have any health related problems that would prevent you from serving in a full capacity on this should you ...

MS. BONALI: No.

CHAIRMAN PHILLIPS: ... be elected?

MS. BONALI: No, I don't.

CHAIRMAN PHILLIPS: Considering your present occupation and other activities would you be able to attend all of the Board meetings on a regular basis?

MS. BONALI: I would.

CHAIRMAN PHILLIPS: Do you have any interests, professionally or personally, that would cause a conflict of interest to you if you served and elected on this Board?

MS. BONALI: No, I do not.

CHAIRMAN PHILLIPS: Do you now hold any public position of election that would constitute dual office holding?

MS. BONALI: No.

CHAIRMAN PHILLIPS: Thank you, ma'am. Go ahead with your statement.

MS. BONALI: My name is Gloria Bonali. I live in Conway, South Carolina. I moved there five years ago. And I am, believe that I am qualified to hold a position for several reasons. I have four college degrees. Bachelor of Science, a Master of Science, Master of Fine Arts, and Doctor of Philosophy. I have taught for 40 years, 38 of them at the college and university level. While a college professor, I served on a wide variety of college committees, Faculty Council, Promotion, Merit, Increase, Tenure, Reappointment, Budgets, Student Evaluation and Instruction, Resident Life and Security, Graduate Council, and Academic Affairs, Curriculum Committee, the Task Force on Assessment of Educational Outcomes, the Task Force on Support Facilities and Equipment and the Campus Master Plan. I am currently enrolled as a Senior Student, age 60 and over, at Coastal Carolina University, and I have taken several courses there. I am also a member of the Board of Advisors of the Life Long Learning Society of Coastal


Printed Page 2072 . . . . . Wednesday, April 21, 1999

Carolina University. I have a very high regard for Coastal Carolina University, and I'm impressed with the quality of the faculty and the quality of education offered there. I have had an opportunity to be in classes, talk with students, and I'm impressed with their enthusiasm, their intelligence, and the faculty's willingness to work with students and to assist them whenever they can. I am also a member of the Waccamaw area agency. And I have worked on a action committee team with the Conway schools. I would consider it a privilege and an honor to serve on the Board of Trustees of Coastal Carolina University. Thank you.

CHAIRMAN PHILLIPS: Do we have any other committee members questions?

REPRESENTATIVE GAMBLE: Mr. Chairman?

CHAIRMAN PHILLIPS: Dr. Gamble?

REPRESENTATIVE GAMBLE: I'm curious to know at which colleges you taught and the graduation rate of those colleges?

MS. BONALI: I taught at Southern Illinois University, University of North Carolina at Greensboro, Central Connecticut State College, State University College at New Paltz, New York.

REPRESENTATIVE GAMBLE: Were all of those public colleges?

MS. BONALI: They were all public colleges.

REPRESENTATIVE GAMBLE: And what success did they have in graduating students in four years?

MS. BONALI: Their success rate was very good. One of the problems always facing graduation rates are the part-time students who seem to take longer of course to graduate, and that affects the calculations of your graduation rates. However, the institutions work very hard in working with students in advising, counseling, having faculty mentors, having a pride in being part of a class and being part of a University. And I think those are very important. Coastal has a small problem in that they are recent in their own eyes, having just been separated from the University in 1995. And so this is a kind of building that you have to build in pride, not only in the institution but also among your own classmates.

CHAIRMAN PHILLIPS: Any other questions? Senator Glover?

SENATOR GLOVER: Yes. Do you have any specific goals or objectives that you'd like to see happen during your tenure if you are elected?

MS. BONALI: Yes, I would like to see Coastal continue to build on it's new and short reputation. I believe it is a fine institution and


Printed Page 2073 . . . . . Wednesday, April 21, 1999

should develop into probably one of the more prestigious Universities in this State. I believe that it needs to work on developing a cohesion among the students in that loyalty and support not only to their class but to the University. And I believe those kinds of things would be very important. I believe it's also important to strengthen the concept of alumni. The alumni could be very, very important to an institution in helping to garner that kind of pride that one makes when one is a part of something as substantial and as important as higher education.

CHAIRMAN PHILLIPS: Any other questions? None. Thank you, Ms. Bonali.

MS. BONALI: Thank you.

CHAIRMAN PHILLIPS: What would be the pleasure of the committee since we have the statements in writing to make just a shorter, briefer statement rather than going through that whole thing that is submitted? In an essence of time.

SENATOR GLOVER: So moved, Mr. Chairman.

REPRESENTATIVE LITTLEJOHN: I second it.

CHAIRMAN PHILLIPS: All in favor please signify saying aye.
(All in Favor)

CHAIRMAN PHILLIPS: Okay, Mr. Ronald Norton. Mr. Norton, we have your opening statement that you sent in. I would like to swear you on any other questions. Would you please raise your right hand? All of the information that is asked of you here today would be the truth so help you God?

MR. NORTON: I do.

CHAIRMAN PHILLIPS: I'll ask you, do you have any health related problems that would prevent you from serving in a full capacity?

MR. NORTON: No, sir, Mr. Chairman.

CHAIRMAN PHILLIPS: Do you present any, considering your present occupation, would it present any reason you couldn't attend the Board meetings on a regular basis?

MR. NORTON: There would be no reason I could not attend.

CHAIRMAN PHILLIPS: Okay. Do you have any personal or professional interests that would constitute serving on this Board.

MR. NORTON: I have no interests at all.

CHAIRMAN PHILLIPS: Do you hold any public elected positions that would cause dual office holding?

MR. NORTON: No, sir.

CHAIRMAN PHILLIPS: All right, sir. You may make a brief statement, sir.


Printed Page 2074 . . . . . Wednesday, April 21, 1999

MR. NORTON: Mr. Chairman, members of the committee, I appreciate the opportunity to be here. I was born and raised in Clio, South Carolina, and am not a native to the beach, but now reside in Murrels Inlet as my mailing address but I'm actually on the Horry County side. I graduated from the University of South Carolina in 1974. The University of South Carolina Law school in 1977. And I am a sole practitioner in Conway. I'm married. I have two children. I have a son that is a Junior at the University of South Carolina right over here. I have a daughter that is a graduating senior of Socastee High School, and will also be attending the University of South Carolina next fall. And I've been very active in the local school district in Horry County, specifically Socastee High School, while my children were there. I spent a great amount of time teaching some law classes at night at Socastee High School. And now that they have graduated, I hope to move on up to the college level and be able to participate in that capacity. Thank you, Mr. Chairman.

CHAIRMAN PHILLIPS: Any questions for Mr. Norton? No questions?

CHAIRMAN PHILLIPS: Senator Glover?

SENATOR GLOVER: Same question to you. Do you have any specific goals or objectives that you'd like to see come to fruition during your tenure, if elected?

MR. NORTON: If elected, I would like to see Coastal Carolina become one of the premiere Universities in the State. I think the location is a very strong draw. The community is very strong there. There's a lot of availability in the local community that could become active. They are active now, but they could become more active in certain capacities at Coastal. And I would like to see the school grow, but make sure that growth is measured so that I don't want to see any school grow for the sake of growing. I think it has to be measured. But that would be my goal, to see that Coastal would become one of the premier Universities in the State.

CHAIRMAN PHILLIPS: Any other questions from any other committee members? None. Thank you, sir.

MR. NORTON: Thank you, Mr. Chairman.

CHAIRMAN PHILLIPS: Next is the 2nd District, Seat 3, Oran P. Smith incumbent with no opposition. Mr. Smith, would you come forward, sir? I'll forgo the questions because you're already on the Board. Would you make just a brief statement and then maybe some of the committee may want to ask a question at that time.


Printed Page 2075 . . . . . Wednesday, April 21, 1999

MR. SMITH: Yes, sir. I'm proud to report that Coastal Carolina University has turned six. We're out of our pre-school years and planning a continued regular growth during the next few years. Our Board of Trustees has found a new cohesion in it's last few meetings over the last couple of years and have begun to work together very well. Our committee structures are working well and we're moving forward. Of course, we're proud to report that the School of Business has received accreditation. And the School of Education is also up for accreditation. We have a humanities building that we're trying to finish that we need about $5,000,000.00 for. This is an advertisement for that. And we're moving forward in a number of ways from development to alumni affairs to academic affairs. And I'm proud to be a part of that.

CHAIRMAN PHILLIPS: Senator Wilson?

SENATOR WILSON: Mr. Chairman, I'd like to thank Mr. Smith. He's the first uncontested trustee to appear, and I want to thank you as representative of the other trustees, in that South Carolina is very fortunate to have so many capable people want to serve as trustees at our colleges and universities. And I want to thank you in particular, I'm aware of your work with faculty advisors to assist our young people in their four year graduation rating.

MR. SMITH: Thank you, sir.

CHAIRMAN PHILLIPS: Any others?

REPRESENTATIVE INABINETT: Yes.

CHAIRMAN PHILLIPS: Inabinett?

REPRESENTATIVE INABINETT: Yes, sir. Are you involved in the annual budgetary process and, if so, briefly, to what extent?

MR. SMITH: Mr. Inabinett, we consider a budget, which goes through our financial affairs committee, and then the Board considers the budget. But I'll have to tell you we don't, or do not discuss the specific amount of our budgetary requests that we come to the State with. We generally see the budget in terms of the entire amount, part of which comes from tuition and fees and part of which is State appropriations, but we generally don't discuss as a Board that specific amount we plan to come to the State to ask for.

REPRESENTATIVE INABINETT: Thank you.

CHAIRMAN PHILLIPS: Any other questions? Dr. Gamble?

REPRESENTATIVE GAMBLE: I'm curious to know how soon you expect your School of Education to be accredited?

MR. SMITH: NCAD, as I understand, is somewhat a long process. Maybe not as long as the Schools of Business accreditation. We've


Printed Page 2076 . . . . . Wednesday, April 21, 1999

begun the original, the committee has come in and done the study, and we've done our self-study. I would say within the next two academic years probably.

REPRESENTATIVE GAMBLE: Are you seeking both NCAD, and NASTEC accreditation, or just NCAD?

MR. SMITH: I think just NCAD at this point.

CHAIRMAN PHILLIPS: Any other questions? None. Thank you, sir.

MR. SMITH: Thank you.

CHAIRMAN PHILLIPS: Next is the 3rd Congressional District, Seat 5, Mr. Payne H. Barnette, Jr. Mr. Barnette, I forgo the swearing in because you're already a committee member and connected to that Board ...

MR. BARNETTE: Yes.

CHAIRMAN PHILLIPS: ... and if you would, would you make just a brief statement so some of the others may want to ask you a question.

MR. BARNETTE: All right. I'm from Greenwood, South Carolina. I've been on the Board since the beginning. And we've come along way, and seen a lot of changes, and there's a lot to be done. A lot of the Board members, I've always said that I think that they've put in a lot extra duty time to make these things come together. And I'm proud of the Board that I work with. I'm very attached to the University through a part of it, and also I practice personal financial support which I also try to encourage. Thank you.

CHAIRMAN PHILLIPS: Questions from the committee members? None. Thank you, sir.

MR. BARNETTE: Thank you.

CHAIRMAN PHILLIPS: Our next is a 4th Congressional, Seat 7, Ms. Elaine W. Marks. Ms. Marks, I forgo questioning and I ask you to make a brief statement so some committee members may ask a question of you.

MS. MARKS: Excuse me, Mr. Chair, you're going to have to speak a little bit louder for me.

CHAIRMAN PHILLIPS: Okay. I'm going to forgo the questions and swearing you in, would you make just a brief statement?
MS. MARKS: Yes. I have chaired the Academic Affairs Committee for the six years I've served on the Board. And I included with my application the accomplishments that I feel the University has made. And under the new initiatives, we have about four initiatives there to give us an increased graduation rate. And I feel that this University is


Printed Page 2077 . . . . . Wednesday, April 21, 1999

becoming one of the leading Universities of this State and the southeast. The academic atmosphere there is very high. It's wonderful. The provost has certainly set in a new program that's made a big difference. This is one University in the State, I think one of only three that have applied for NCAD accreditation for the School of Teacher Education. And they visited the University this fall, and we are suppose to get the report this spring and I'm sure we will be accredited. I have nothing but positive feelings for this University. The administrative staff and the academic staff, along with the trustees, enjoy a very good working relationship.

CHAIRMAN PHILLIPS: Thank you. Any committee members have a question? None. Thank you, Ms. Marks.

MS. MARKS: Thank you, Mr. Chairman.

CHAIRMAN PHILLIPS: Next is the 5th District, for Seat 9, Ms. Juli Powers. Ms. Powers, I am going to forgo the questions and swearing in. Would you make a brief statement so that our committee members may want to ask you a question.

MS. POWERS: Yes, sir. I am Juli Powers. I'm from Marlboro County. I have sat on the Board since we became independent back in 1993, and exciting things have happened with Coastal Carolina University. I am exceedingly proud to be an alumnus of Coastal. I was graduated in 1979. Since we were, since we did become independent, I was chair, I sat as chair of the Student Affairs committee for four years. I now sit on Ms. Martin's Committee, the Academic Affairs committee, and I currently hold the position of secretary with our Board. I feel that we have made many accomplishments I think under the leadership of a treasure of a president whom we all support very greatly, Dr. Rolling. He has put together a wonderful staff. We have qualified faculty, and I'm just exceedingly proud to be of Coastal Carolina.

CHAIRMAN PHILLIPS: Thank you. Do we have questions from any of the committee? None. Thank you, Ms. Powers. Next is 6th Congressional, Seat 11, Mr. Fred DuBard, Jr.

MR. DUBARD: Thank you, Mr. Chairman.

CHAIRMAN PHILLIPS: Yes, sir.

MR. DUBARD: Do you want me to make a statement?

CHAIRMAN PHILLIPS: No, sir. I'm going to forgo the swearing and all, and the questions, would you just briefly make a short statement so that if any committee members will have any questions.

MR. DUBARD: Well, I've got to echo what the other members of our Board have said. I think Coastal Carolina University is a wonderful University. Admittedly, I didn't know a thing about being


Printed Page 2078 . . . . . Wednesday, April 21, 1999

on the Board of Trustees when I came here six years ago. I've learned a tremendous amount. I've had the opportunity to chair the Development committee from the very beginning. The Board was gracious enough to elect me Chairman of the Board for two years. I think we have a fine Board of Trustees who are committed to what they're doing, and I think the results are evident at Coastal Carolina University.

CHAIRMAN PHILLIPS: Any questions?

SENATOR WILSON: Mr. Chairman?

CHAIRMAN PHILLIPS: Senator Wilson?

SENATOR WILSON: We greatly appreciate your service. The University is doing very fine.

MR. DUBARD: Thank you.

CHAIRMAN PHILLIPS: Any other committee members? I thank you, Mr. Dubard. The next is At-large, Seat 13, we have Mr. Franklin H. Burroughs as the incumbent. And Mr. Burroughs. Mr. Burroughs would you please raise your right hand? The information that you give here today will be the truth so help you God?

MR. BURROUGHS: Yes, sir.

CHAIRMAN PHILLIPS: Do you have any, of course you are on the Board now, but do you have any health related problems since elected to the Board that would cause you to not serve in a full capacity?

MR. BURROUGHS: No, sir.

CHAIRMAN PHILLIPS: Considering your present occupation, do you have any reason not to attend on a regular basis?

MR. BURROUGHS: No, sir.

CHAIRMAN PHILLIPS: Do you have any ...professionally or personally, that since you've been on the Board has helped you in any way?

MR. BURROUGHS: Pardon?

CHAIRMAN PHILLIPS: Do you have any present conflict of interest?

MR. BURROUGHS: No, sir.

CHAIRMAN PHILLIPS: Do you now hold any public office other than what your Board election there?

MR. BURROUGHS: No, sir.

CHAIRMAN PHILLIPS: Okay, sir. Your statement.

MR. BURROUGHS: Mr. Chairman, members of the committee, I am currently serving as Chairman of Coastal Carolina University. It was a great honor and privilege to be elected by the Legislature in 1993


Printed Page 2079 . . . . . Wednesday, April 21, 1999

as a member of Coastal's first Board, and to be re-elected in 1995. From the beginning, I was elected secretary to the Board and have been an officer throughout my entire tenure. The last two years serving as Chairman. I am very pleased with the progress the institution has made since it's independence from the University and would like to continue my service. I believe I can contribute to Coastal's continued success and growth in the community. Finally, I am a Coastal alumnus and have been practicing law in Horry County for 12 years. I believe my business experience, legal background, and commitment as an alumnus combine the evidence that my continued service for the Board would benefit Coastal's advancement as a premier institution for the State.

CHAIRMAN PHILLIPS: Do any committee members have any questions of Mr. Burroughs?

REPRESENTATIVE LITTLEJOHN: Mr. Burroughs.

CHAIRMAN PHILLIPS: Representative Littlejohn.

REPRESENTATIVE LITTLEJOHN: We've heard a lot of positive things about Coastal, what's one of the downsides?

MR. BURROUGHS: Well, our retention rate is a downside. I mean, that's been discussed quite a bit today. And because we live in a fairly transient area because of the beach, it's very difficult for us to graduate, to keep people and graduate in time. And just to let you know, we are working on that, some of the other Board members have mentioned things that we're doing as far as raising the standards. But we have come up with another idea to keep people in. And the idea is, as a new student comes in, to agree to fix their tuition if they can graduate within four years.

CHAIRMAN PHILLIPS: Any question of any other members? None. Thank you, sir.

MR. BURROUGHS: Thank you.

CHAIRMAN PHILLIPS: The next candidate is Ms. Etrulia Dozier. Ms. Dozier, would you please raise your right hand. The information and questions asked you today will be the truth so help you God?

MS. DOZIER: I do.

CHAIRMAN PHILLIPS: Should you be elected, do you have any problems serving on this Board in a full-time capacity?

MS. DOZIER: No.

CHAIRMAN PHILLIPS: Considering your present occupation and activities, would you be able to attend all the Board meetings on a regular basis?

MS. DOZIER: Yes, I would.


Printed Page 2080 . . . . . Wednesday, April 21, 1999

CHAIRMAN PHILLIPS: Do you have any interests, professionally or personally, that would cause a conflict of interest?

MS. DOZIER: No, I don't.

CHAIRMAN PHILLIPS: Do you now hold any other public elected office that would cause a dual office holding should you be elected?

MS. DOZIER: No.

CHAIRMAN PHILLIPS: Well, you may welcome a short brief statement please, ma'am.

MS. DOZIER: My name is Etrulia Presley Dozier and I reside in Conway, South Carolina. And I've been in Conway, South Carolina since 1954, when I became the librarian of the Whitmore High School. Since then the school name has changed many times, but I have been on that same site for 44 years. So June 28th, 19-- ... June 29th, 1998, I retired as the librarian of the Whitmore Park Middle School after 44 years. I am a graduate of Benedict College and also a graduate of the Atlanta University. I have served as a former trustee of Morris College. And I've been a past member of the Horry Cultural Arts Council. And I've recently been asked to return to the Council. I have been very impressed with Coastal because I've been there during these years and I've seen it at it's origin and grow through the years. It has been really nice having Coastal there because it furnishes access to students who would be unable to go out of the county to get an education. It's very accessible, and the students are able to work even though they have to ... go to college, even though they have to work. The school, Coastal, has also worked very well with the Horry County School District. While librarian, I have had the opportunity to host in the media centers students who came out for various reasons because there were programs at the college that helped these students to get prepared to go into a career or to go to college. The continuing education program at Coastal is outstanding. Since I retired, I have enrolled in an Advanced Creative Writing course out there. And I've also took some undergraduate courses out at Coastal. So it is a connective unit with the rest of the school district and with the total program of Horry County, so it is doing a very outstanding job. And higher education is good to the extent that students come and make it through it. So I feel like that with the background that I have in the public school system and with the opportunities that I have had to work with Coastal and see some of the programs that they have, and the very outstanding multi-cultural programs that they also are involved in, I


Printed Page 2081 . . . . . Wednesday, April 21, 1999

feel that I would be capable of doing, helping out higher education program to get to an even greater potential than it is at this point.

CHAIRMAN PHILLIPS: Thank you, ma'am. Are there any questions? None. Thank you very much. Next is At-large, Seat 15, Mr. Egerton Burroughs. Would you please raise your right hand, Mr. Burroughs? Do you have any health related problems that the screening committee should be made aware of today?

MR. BURROUGHS: No, sir.

CHAIRMAN PHILLIPS: Considering your present occupation and other activities would you be able to attend ...

MR. BURROUGHS: Yes, sir.

SENATOR BRYAN: You need to swear him in.

CHAIRMAN PHILLIPS: I'm sorry. I'm trying to, in the essence of time trying to pass ... the information you give here today would be the truth so help you God?

MR. BURROUGHS: Yes, sir.

CHAIRMAN PHILLIPS: Let me ask you these questions again. Do you have any health related problems that the screening committee should be made aware of as of today?

MR. BURROUGHS: No, sir.

CHAIRMAN PHILLIPS: Considering your present occupation and other activities are you able to attend all the Board meetings as of today?

MR. BURROUGHS: Yes, sir.

CHAIRMAN PHILLIPS: Do you have any interests, professionally or personally, that would constitute ...

MR. BURROUGHS: No.

CHAIRMAN PHILLIPS: ... any conflicts in the future?

MR. BURROUGHS: No, sir.

CHAIRMAN PHILLIPS: Do you now hold any public office other than what ... at Coastal Carolina?

MR. BURROUGHS: No, sir.

CHAIRMAN PHILLIPS: Thank you, sir. Now you may make a statement.

MR. BURROUGHS: Thank you. I appreciate your time this morning in these hearings that you are conducting in the interest of Coastal Carolina and other institutions. I'm one of the newer trustees. I came on Board for filling in a term for a gentleman that died that added a lot to the school and I've tried to assimilate, or get assimilated into the system as quickly as possible. We have a fine group of trustees. We have a fine President. Coastal Carolina is moving


Printed Page 2082 . . . . . Wednesday, April 21, 1999

aggressively. We have some problems. We have some strong points. But the University is moving forward in a positive way with some new innovative programs, hopefully to help us get more funds available at the local level, our industry and the business community to supplement our funding efforts. We have some creative and innovative programs. I'm trying to get the faculty to become more involved in community activities. We have a lot of discussions about different ways to assist the local community and bring Coastal together. I've enjoyed and felt it an honor to be a trustee and would like the opportunity to continue to contribute in whatever ways that I can to the University and the Board.

CHAIRMAN PHILLIPS: Thank you, sir. Any committee members have any questions of Mr. Burroughs? Mr. Inabinett?

REPRESENTATIVE INABINETT: Mr. Chairman, I have one question. Mr. Burroughs, are you aware of any information that might have been furnished this committee after your appointment a year ago or recently?

MR. BURROUGHS: I'm not sure of what you're asking, sir.

REPRESENTATIVE INABINETT: Background checks are done on all candidates.

MR. BURROUGHS: Yes, sir.

REPRESENTATIVE INABINETT: And I guess my question is, are you aware of any information that we may have received as a result of the process that we have to conduct on each candidate?

MR. BURROUGHS: I'm not sure, if you're asking me, if there is something that you want to ask me? I'm not sure what the question is.

REPRESENTATIVE INABINETT: May I come up and just show you a statement that I have?

MR. BURROUGHS: Yes, sir.

REPRESENTATIVE INABINETT: And then in whatever way you so desire, if you desire to respond, you may or may not.

MR. BURROUGHS: Yes, sir.

REPRESENTATIVE INABINETT: Thank you. And sir, you don't have to respond to that if you don't want to. I just wanted you to be aware of it.

MR. BURROUGHS: Yes, sir. I see this. This is a dispute that we got into which was settled.

REPRESENTATIVE INABINETT: Thank you, sir.

MR. BURROUGHS: All right, sir. Any other questions?

CHAIRMAN PHILLIPS: Any other questions from any of the committee members?


Printed Page 2083 . . . . . Wednesday, April 21, 1999

SENATOR BRYAN: Mr. Chairman, when do you all go into session?

CHAIRMAN PHILLIPS: We got at ten, but these ... the House is willing to stay because ...

SENATOR BRYAN: Oh, okay.

CHAIRMAN PHILLIPS: ... these people have come a long way.

SENATOR BRYAN: Excuse me. I thought you all had to leave.

CHAIRMAN PHILLIPS: No. We need to be going, but we need to ... we also want to accommodate these who've come a long way and got up real early to get here, and I think it's fair that we ...well, we keep going and we stay here and finish this. If it's agreeable with all committee.

SENATOR PHILLIPS: I would like to ask for executive session at some point and time. If you want to wait until the end for that?

CHAIRMAN PHILLIPS: Yes, sir. All right, sir. Let's ...

SENATOR WILSON: The next person is Mason.

CHAIRMAN PHILLIPS: Yes. Thank you, Mr. Burroughs.

MR. BURROUGHS: Thank you.

CHAIRMAN PHILLIPS: Ms. Mason. Ms. Lee Mason. Would you please raise your right hand? The information we ask you here today is the truth so help you God?

MS. MASON: I do.

CHAIRMAN PHILLIPS: Do you have any health problems related that the committee should know about as to keep you from serving in a full capacity?

MS. MASON: No, sir.

CHAIRMAN PHILLIPS: Do you have any personal interests or professional that would cause a conflict to serve on this Board?

MS. MASON: No, I do not, sir.

CHAIRMAN PHILLIPS: Considering you present occupation and other activities would you be able to attend on a regular basis?

MS. MASON: Yes, I would.

CHAIRMAN PHILLIPS: Do you now hold any public positions or office that would constitute dual office holding?

MS. MASON: No.

CHAIRMAN PHILLIPS: Thank you, ma'am. Would you make a very brief statement?

MS. MASON: Yes. My name is Lee Mason and I'm a resident of Surfside Beach. If I should be elected to this Board, I believe that I could bring to it a combination of things that I've learned during my professional experience and also what I'm currently learning in my


Printed Page 2084 . . . . . Wednesday, April 21, 1999

community involvement. My professional background is 30-plus-years of training in corporate America. And during those 30-odd-years I have learned that education is a life-long experience. It is important not only when a person is young and going to college, as many people are, but also it never ends. And I have explained in detail on the sheets that you should have in front of you what that all involves. I would like to tie that in with my current community involvement. I consider myself a professional volunteer right now. I'm a member of the Myrtle Beach Area Chamber of Commerce where I serve on the Membership Services Committee. I'm a member of the Myrtle Beach Area Hospitality Association. On the Kiwanis Club of the South Grand Strand, I currently serve as the Vice President where I'm working my way up to the President position in two years. I'm also the Program Chair and the Publicity Chair in that organization. I'm a member of the First Presbyterian Church of Myrtle Beach where I served on their pledge drive, and also I serve on the Crisis committee. I am secretary of the Long Bay Symphony Guild, and I'm on the Board of Directors at the Myrtle Beach Campground Ministries. Why I feel those involvements are very important, I would like to anticipate one of your questions, and that being: What would I like to bring to the Board with me? And that very simply is this. Through my community involvement I have run into a large number of people who want to go back to school. These are not young people. These are people who either did not finish their education when they were younger, or they want to go back to learn something for another career. I'm talking about people who are in their 40's, 50's, and 60's. But they're not going back for various reasons, they're intimidated, you know the old reason you always hear like I feel funny being in school with a 19 year old, you know, I have grandchildren that age. And if there is anything I can do to bridge that gap, and to make it more attractive and more comfortable for these people to go back to school and to seek the educations that they so desperately want, that's what I would like to do.

CHAIRMAN PHILLIPS: Thank you, ma'am. Any questions? None. Thank you very much. Next is Lander University.

SENATOR GLOVER: [inaudible].

CHAIRMAN PHILLIPS: Oh, you have ... I'm sorry.

SENATOR GLOVER: May I ask the Chairman, present Chairman?

CHAIRMAN PHILLIPS: Mr. Burroughs? Franklin Burroughs?

SENATOR GLOVER: Uh-huh (affirmative response).


Printed Page 2085 . . . . . Wednesday, April 21, 1999

CHAIRMAN PHILLIPS: Mr. Franklin Burroughs, would you come back?

Mr. BURROUGHS: Yes, ma'am.

SENATOR GLOVER: Mr. Chairman, this is not really a question, it's an observation.

MR. BURROUGHS: Okay.

SENATOR GLOVER: And what is the racial ... first of all, what is the racial make-up at Coastal now?

MR. BURROUGHS: The racial make-up?

SENATOR GLOVER: Uh-huh (affirmative response).

MR. BURROUGHS: We really don't keep statistics on that. We have a breakdown of male/female international students. We have 65 percent South Carolina residents, 34 percent out-of-state residents, one percent international, 42 percent male, 58 percent female. But I, if I had to venture a guess, I'd say it probably would be ten to 15 percent.

SENATOR GLOVER: Okay. Because as I looked at your Board, I remember well at the formation of when you left the University system we were working very hard to make sure that we had women represented on your Board. And now as an observation, we'd like to make the observation now that with this number we've done well with our females. We now need to look at some African-Americans on your Board.

MR. BURROUGHS: I agree with that. Senator Duke Brown is on our Board and he's an African-American and has served us well from the beginning. And I'll keep ... you know, we'll work as hard as we can to get that done.

CHAIRMAN PHILLIPS: Anymore questions?

SENATOR GLOVER: Thank you.

MR. BURROUGHS: Thank you.

CHAIRMAN PHILLIPS: Thank you, sir.

SENATOR BRYAN: Mr. Chairman, I just want to observe there's been some questions about the graduation rate at Coastal Carolina. I went to the ... this is just an observation. Having gone down to Myrtle Beach a few weekends ago and spent some time, and learning there's 58 percent women, I can see why you have trouble getting rid of people in four years.

MR. BURROUGHS: I'll have no comment, sir.

CHAIRMAN PHILLIPS: Lander University, 1 ...Congressional District, Seat 1, Seat 2, Ms. Robin Agnew. Ms. Robin R. Agnew.

MR. BURROUGHS: Mr. Chairman, can we leave? The ones that have been ...


Printed Page 2086 . . . . . Wednesday, April 21, 1999

CHAIRMAN PHILLIPS: Well, I'm going to do something in just a second. Ms. Agnew is not here? Okay. South Carolina State. What would be the pleasure of the Board to go ahead and vote on the Citadel since we have passed over that? And screen these, vote on the screening process and certify the candidates that's screened eligible?

SENATOR WILSON: So moved.

REPRESENTATIVE LITTLEJOHN: I second.

CHAIRMAN PHILLIPS: All in favor, say aye.
(All in Favor)

CHAIRMAN PHILLIPS: All the candidates that were screened for the Citadel Board, you may leave. But I'd like to tell you, before you can ask for votes we will release the screening committee report to the Senate and to the House, which we hope we can get the screening report out in the morning. If we do, and it will be on our desk when we come here in the morning ... [inaudible] and then yours we can put on the agenda and put in your offices.

SENATOR WILSON: Is there a particular hour that they can begin?

CHAIRMAN PHILLIPS: I would say tomorrow after twelve, because I want everybody to have an opportunity to review what we've done. Every committee member, every House member too. And we will put it on the ... yes, well, we won't be able to furnish the transcript, but according to the written testimony we've got and everything and we can screen them and ...I would say we ought to be able to let you start tomorrow at twelve. What is the pleasure of the committee on that?

SENATOR WILSON: So moved.

REPRESENTATIVE LITTLEJOHN: Second.

CHAIRMAN PHILLIPS: And so Colonel McAllister, Frazier, and Robert M. Sutton, you're welcome to stay or you may well be on your way. Now, these candidates are up for screening and the committee reports are now in favor.

SENATOR WILSON: Yes.

REPRESENTATIVE LITTLEJOHN: So moved.

CHAIRMAN PHILLIPS: And all in favor, say aye.
(All in Favor)

CHAIRMAN PHILLIPS: Thank you, gentlemen. We'll ...Coastal Carolina University in just a moment, and let's move to the ones that have no opposition for Coastal Carolina, what is the pleasure of the ...

SENATOR WILSON: Move favorable.


Printed Page 2087 . . . . . Wednesday, April 21, 1999

CHAIRMAN PHILLIPS: Move favorable that they be screened and they can solicit some time tomorrow after 12:00 after we put the report out?

SENATOR BRYAN: Mr. Chairman, if I may, just for clarification, that will be 2nd District, Seat 3.

CHAIRMAN PHILLIPS: Yes. Seat ...

SENATOR BRYAN: 3rd District, Seat 5.

CHAIRMAN PHILLIPS: Right.

SENATOR BRYAN: 4th District, Seat 7.

CHAIRMAN PHILLIPS: Right.

SENATOR BRYAN: 5th District, Seat 9.

CHAIRMAN PHILLIPS: Right.

SENATOR BRYAN: And 6th District, Seat 11.

CHAIRMAN PHILLIPS: Right. And the candidates are Oran P. Smith, Payne H. Barnette, Elaine Marks, and Juli Powers, and Fred DuBard. The committee has screened you eligible and you can secure your voting tomorrow at 12:00. And you're welcome to stay or you can be dismissed at this time. Okay, we'll go down to South Carolina State University, the 1st District, Seat 1, Mr. Arnold Collins unopposed. Mr. Collins. Oh, Mr. Collins called in and said he could not be here. The 2nd Seat, District 2, Mr. Sam ... Samuel Glover. Mr. Glover. Is Mr. Glover, oh, yes ... thank you, Mr. Glover. We're going to forgo the swearing in since you're unopposed, and we would ask you just make a short, short statement, and if any of the committee members want to ask you a question.

COLONEL GLOVER: As he said, I am certainly delighted to be here. Thank you for having me, and all of the support that you've done for the University. I live in Northeast Columbia. I am filling an unexpired term of merit. I have three children. One of which are involved in a situation as we speak, so we certainly hope that you all keep him in his prayers this morning, in your prayers this morning. I own two McDonald's in the area. We are a licensed minister. We graduated from South Carolina State University twice, BS/MS. We've done further graduate work at Clemson University and Orangeburg Technical College in management. Retired Lieutenant Colonel United States, South Carolina Air National Guard. Presently serve on the Richland Memorial Board Hospital Board also. Several past Board appointments that you have there that we have served on in the past. I am from a University that's had some turmoil this past year, as you all are aware from the tremendous amount of media that we have received. We worked on that tremendously. Or are working on that


Printed Page 2088 . . . . . Wednesday, April 21, 1999

tremendously, I should say. Working hard to make changes in several different areas, particularly teacher graduation. As you know, we are a minority school and there is a tremendous need for minority teachers in the State. Not only the State, but throughout the Nation. But we're particularly concerned about South Carolina State University graduates. I'm also concerned about the number of minority graduates in the area of business, since I'm in the area of business, and know what ... have an idea of the number of graduates we have in that area that own their own particular business and working in related businesses. Concerned with strict management, enforcement of all policies that we pass onto the Board, particularly as it pertains to monies that we receive from private sector, and from the students themselves. Our funding is a tremendous challenge for us. We have increased the amount of funding we received this past year almost three-fold at this point and continue to make progress in that area, and looking forward to even making more progress. Our enrollment has increased, particularly givings from the Alumni and the corporate community. That's what we have at this point.

SENATOR WILSON: Mr. Chairman?

CHAIRMAN PHILLIPS: Yes, Senator Wilson.

SENATOR WILSON: As a member of the National Guard, Colonel Glover, I want to thank you for your service. And also, as a citizen here in the Midlands we appreciate you as one of our most respected business people. So, thank you so much for your service on the South Carolina State Board.

COLONEL GLOVER: Thank you.

CHAIRMAN PHILLIPS: Any other questions from any ... yes.

REPRESENTATIVE INABINETT: I have a quick question for you.

CHAIRMAN PHILLIPS: Representative Inabinett.

REPRESENTATIVE INABINETT: Yes. Colonel, how involved are you in the annual budgetary process?

COLONEL GLOVER: Well, I'm not on the budget committee, but obviously with the funding situation we have at the University I'm somewhat aware and always concerned with the proper spending of every penny, I should say, we get at the University rather than every dime or every dollar because pennies count in our particular ...

REPRESENTATIVE INABINETT: Okay. Thank you, sir.

CHAIRMAN PHILLIPS: Any other committee members? Thank you, Mr. Glover.

COLONEL GLOVER: Thank you.


Printed Page 2089 . . . . . Wednesday, April 21, 1999

CHAIRMAN PHILLIPS: 4th District, Seat 4, Dr. James L. Bullard. Dr. Bullard, would you please raise your right hand? The information you give here this morning will be the truth so help you God?

DR. BULLARD: It will.

CHAIRMAN PHILLIPS: Dr. Bullard is serving on the Board now, do you have any health problems since being elected that we need to know about, the committee?

MR. BULLARD: No, sir.

CHAIRMAN PHILLIPS: Considering your present occupation, do you have any reason that you can't and do not appear on a regular basis at committee meetings?

DR. BULLARD: No, sir.

CHAIRMAN PHILLIPS: Do you have any interests, personally or professionally, since you've been elected ...

DR. BULLARD: No, sir.

CHAIRMAN PHILLIPS: ... that would constitute ...and so you serve on other Boards or commission elected would cause dual office holding?

DR. BULLARD: No, sir.

CHAIRMAN PHILLIPS: Well, would you please make a brief statement?

DR. BULLARD: Yes, sir. To you, the Honorable Chairman Olin Phillips and other honorable committee members, it is greetings that we bring. We certainly thank you for all that you've done for the South Carolina State University over the past years. I personally would like to be re-elected to the South Carolina State University Board of Trustees because we believe without a doubt that we have added much help in a time that has been adversarial. We came to the Board at a time when there were many issues, and what we have been a part of is trying to manage those issues so that we might be able to do it for what was in the best interest of the citizenry of South Carolina. I also bring to the Board of rustees my expertise in administration. I've served as a pastor of the church for 10-plus-years. I've also served as CEO of today's business system. Currently I manage Blue Investment Trust. I also have served as a Special Service Coordinator with the Department of Mental Health. I have served on the Board as chairman of the Academic Affairs committee, Student Service committee. I have served also on the Building and Grounds committee. And have served as the secretary of the Board of Trustees. I believe that one of the things that we at South Carolina State University and one of the things


Printed Page 2090 . . . . . Wednesday, April 21, 1999

that I would like for us to be able to do as we stand on the threshold of the 21st Century, is to develop institutionally, the institutional development. And by that I mean create a strategy and a game plan wherein Alumni, businesses, can work together in a cooperative way so that South Carolina State University can build an endowment that will cause for it to be able to solve many of its financial situations so that it will be able to sit on its own bottom. In this day and time we recognize, and we are very much aware how important it is to be able to have a balanced budget and also to be able to balance your budget on your own. So, in other words, what I'm saying as a Board member, we recognize how important it is that Alumni and all of the friends of the University, that we can befriend and develop relationships with, it's going to be in the betterment of the institutional development of South Carolina State University in the 21st Century.

CHAIRMAN PHILLIPS: Thank you, sir. Does any committee members have any questions of Dr. Bullard?

REPRESENTATIVE LITTLEJOHN: I have one, Mr. Chairman.

CHAIRMAN PHILLIPS: Representative Littlejohn.

REPRESENTATIVE LITTLEJOHN: Dr. Bullard, how much time do you give to the University per month?

DR. BULLARD: I would say that ... I would say 20-plus-hours.

REPRESENTATIVE LITTLEJOHN: So you have a very busy schedule. Do you find that hard to work in?

DR. BULLARD: No, sir. I'm up at 5:00 in the morning, my day begins, and ...

REPRESENTATIVE LITTLEJOHN: You start early.

DR. BULLARD: ... it ends probably about 11:00 in the evening, at night. But I have high energy and I like being involved.

CHAIRMAN PHILLIPS: Any other questions?

REPRESENTATIVE INABINETT: Dr. Bullard, serving on the Buildings and Ground committee, I assume you were aware of the building needs of South Carolina State University prior to the beginning of the budgetary process in the House of Representatives?

DR. BULLARD: Yes, sir, I am aware that there are many needs.

REPRESENTATIVE INABINETT: Let me ask, were you involved in any way and, if so, to what extent in the annual budgetary process at South Carolina State University?

DR. BULLARD: Yes, sir, but not directly. As you very well know, Representative Inabinett, in any budgetary process each one of us as an individual have our impact. And sometimes it's prudent to have ... to be wise enough to recognize that certain changes cannot be


Printed Page 2091 . . . . . Wednesday, April 21, 1999

effected immediately. But rather what one does is have a vision of what needs to be as strategically and tactfully work to make what some things ought to be.

REPRESENTATIVE INABINETT: Thank you.

DR. BULLARD: I'm not proud of, I personally am not proud of, and I'm not going to stand here and say that I am, but I do want you to know that I am cognizant that there are, I believe, is a better way. And I'm aware of that, but it takes time to build, if you will, that, if you will, element that we might be able to approach it and resolve the issue.

REPRESENTATIVE INABINETT: Thank you, sir.

CHAIRMAN PHILLIPS: Any other questions of Dr. Bullard? No? Thank you, Dr. Bullard. Mr. John A. McCarroll. Mr. McCarroll, will you please raise your right hand? The truth, theinformation that you give here today be the truth so help you God?

MR. MCCARROLL: Yes, I do.

CHAIRMAN PHILLIPS: Do you have any health related problems that would prevent you from serving in a full capacity?

MR. MCCARROLL: No, sir.

CHAIRMAN PHILLIPS: Considering your present occupation, do you have any reason that you couldn't attend a regular Board meetings on a regular basis?

MR. MCCARROLL: No, sir.

CHAIRMAN PHILLIPS: Do you have any interests, professionally or personally, that would present a conflict of interest being elected to this Board?

MR. MCCARROLL: No, sir.

CHAIRMAN PHILLIPS: Do you now hold any other public offices that you were elected to ...

MR. MCCARROLL: I do not.

CHAIRMAN PHILLIPS: ... that would constitute ...thank you, sir. A brief statement, sir. Very brief.

MR. MCCARROLL: Thank you very much for this opportunity. I'm a 1963 graduate of South Carolina State University. Over the years I've been very interested in what was taking place at South Carolina State. I've supported the institution financially, and I plan to continue to do that whether I'm elected or not. I certainly have the interest of our University's growth and longevity. I taught school and coached high school athletics for seven years. For the last 28 years I have been Executive Director of Phillis Wheatley Community Center in Greenville. Also for 23 years of those 28 years I was a businessman. I own a convenience store with a deli, and I also own a grave services,


Printed Page 2092 . . . . . Wednesday, April 21, 1999

which I sold both in 1995. I have been a member of the local school board of Spartanburg County School District Number Five. But what I feel that I can bring to the Board of South Carolina State Colleges is the relationships that I've built in the upstate South Carolina during the last 28 years of serving as Executive Director of Phillis Wheatley Association. I also serve on the Board of Directors of American Federal Bank. My experience in the area, I have learned some of the Executive Offices and Chairman of the Boards on a personal basis. So I certainly feel that I can get the President of the University, his designee, into the doors of a lot of these organizations. If elected, one of the first things that I would do is to ask the American Federal Board of Directors, American Federal Bank Board of Directors to plan a luncheon and to invite several of the business people in the upstate area to that luncheon, and we would invite the President of South Carolina State University up to talk about the University. One of the things that I feel is not happening enough, or in the upstate of South Carolina, is enough positive media coverage or enough information from the College themselves, individuals coming up talking to the business people in the Community about what is available and what is being done at South Carolina State. So I certainly feel that my experience in the business community, and also I have a keen knowledge of how a Board/staff relationship should work, and I feel that I have the time. I do have the time, whatever it takes, to spend, to make sure our University grows. I have a vested interest there. And one of the things I'd like to see happen is that more involvement financially by the Alumni. I am familiar with and have carried on a friendship with a lot of the Alumni at South Carolina State University who have been very successful financially. So one of my interests would be to talk with them and get them more involved. I feel that I'm an excellent fund raiser, and one of the things you have to do in raising funds is ask for it. And I feel that I can have the knowledge to evaluate what a company or business or an individual may give, and I am not hesitant to ask for large sums of money. One of the biggest needs of our University is money and I think that I can bring a lot of this to the Board if elected.

CHAIRMAN PHILLIPS: Thank you, sir. Any ...

MR. MCCARROLL: I thank you very much.

CHAIRMAN PHILLIPS: Any committee members have any questions?

SENATOR BRYAN: You're not afraid to ask for large sums of money, I might want to use you for some campaign fundraising.


Printed Page 2093 . . . . . Wednesday, April 21, 1999

SENATOR WILSON: And we appreciate your enthusiasm about that, too.

MR. MCCARROLL: Thank you very much.

CHAIRMAN PHILLIPS: Thank you sir. What is the pleasure of the Board to the South Carolina State candidates that we report now favorably?

SENATOR WILSON: So moved.

REPRESENTATIVE LITTLEJOHN: Second.

CHAIRMAN PHILLIPS: All in favor signify in saying Aye.
(All in Favor)

CHAIRMAN PHILLIPS: Mr. Arnold Collins is not here, Mr. Glover, Mr. Bullard, and Mr. John McCarroll is now certified and you may seek support beginning at 12:00 tomorrow. You're welcome to stay. You're welcome to leave. Whatever you want to do. Thank you very much for coming. Next is Wil Lou Gray. We have three seats At-large. The incumbent Mr. Vince Rhoads. Mr. Rhoads.

MR. RHOADS: Thank you, Mr. Chairman.

CHAIRMAN PHILLIPS: Mr. Rhoads, would you please raise your right hand? The information asked of you here today will be the truth so help you God?

MR. RHOADS: Yes, sir.

CHAIRMAN PHILLIPS: All right. Sir, having served on the Board is there any health related problems that we need to know about at this time?

MR. RHOADS: No, sir.

CHAIRMAN PHILLIPS: Do you attend Board meetings on a regular basis?

MR. RHOADS: Yes, sir.
CHAIRMAN PHILLIPS: Do you have any professional or personal interests in Wil Lou Gray?

MR. RHOADS: Do I have a personal interest in it?

No, sir.

CHAIRMAN PHILLIPS: Professional or personal ...

MR. RHOADS: No, sir.

CHAIRMAN PHILLIPS: ... that would constitute ...

MR. RHOADS: No, sir.

CHAIRMAN PHILLIPS: ... a conflict of interest?

MR. RHOADS: No, sir.

CHAIRMAN PHILLIPS: No? Do you hold any other public office of honor or trust that if elected...

MR. RHOADS: No, sir.


Printed Page 2094 . . . . . Wednesday, April 21, 1999

CHAIRMAN PHILLIPS: ... to the Board ... thank you, sir. You may make a brief statement if you would please.

MR. RHOADS: Thank you, Mr. Chairman, and members of the committee. Certainly it is an honor for me to come before you. And first, let me express my sincere appreciation for your support of the Wil Lou Gray Opportunity School. I am a graduate of Erskine College with an undergraduate degree in Business Administration in Mathematics and a masters degree in Rehabilitation and Counseling. I have been associated with the Wil Lou Gray Opportunity School since 1963. I ran a vocational rehabilitation project called Campa, and have been on the Board of Trustees since the early '80's. I presently serve as Vice Chairman of the Board. I am certainly excited and elated about the new Youth Challenge Academy that we have entered into a partnership with the South Carolina National Guard. It's still in its infant stages, but I believe through negotiations, it's just like a marriage, you have to have communication. We really are excited in working closely with the staff of General Spears and his subordinates and, as well, as the Board is real active. I have had the privilege of knowing and working closely with Dr. Wil Lou Gray during the early '60's, and also I've worked closely with seven other directors that followed her over the years. So again, I appreciate the support that you have provided to the Wil Lou Gray Opportunity School for those of you who have been in the General Assembly and also I appreciate the support that you have provided to me.

SENATOR WILSON: Mr. Chairman.

CHAIRMAN PHILLIPS: Mr. Wilson.

SENATOR WILSON: I'd like to thank you for your service, Mr. Rhoads, and in particular the Wil Lou Gray Opportunity School is located in the Senate district that I represent. And I want to particularly congratulate you and the other Board members for your vision in creating the Youth Challenge Academy, and I look forward to my colleagues getting to see how this works and how effective it's been. And thank you so much for what you do.

MR. RHOADS: Thank you so much, Senator Wilson.

CHAIRMAN PHILLIPS: Any questions by any other committee members?

SENATOR BRYAN: Mr. Chairman?

CHAIRMAN PHILLIPS: Senator Bryan.

SENATOR BRYAN: You're not on the Town Planning Commission of Springdale now, are you?


Printed Page 2095 . . . . . Wednesday, April 21, 1999

MR. RHOADS: I still serve on that capacity. It's an appointed position.

SENATOR BRYAN: Is there ... I'm not sure if it's a problem. Sometimes you can't serve on ...

MR. RHOADS: Yeah, I'm fully cognizant of that. I have not had any experience or problems with that over the years since I've been serving in this capacity, Senator Bryan.

SENATOR BRYAN: Okay. You might want to check that out ...

MR. RHOADS: Okay.

SENATOR BRYAN: ... because as silly as it sounds I...

MR. RHOADS: Okay.

SENATOR BRYAN: ... there are...

MR. RHOADS: I surely will.

SENATOR BRYAN: ... under the dual office holding...

MR. RHOADS: I got you.

SENATOR BRYAN: ... I'm not sure you can do both.

CHAIRMAN PHILLIPS: Any other questions? I have a couple of questions for you. Since your all's [inaudible] with corporate agreement with the South Carolina National Guard, can you elaborate on how that's going now?

MR. RHOADS: It's working extremely well. We are now in our second cycle. The cycle's 22 weeks. And during the time that the students are there they're involved in a military type environment which has certainly been very beneficial. They also are exposed to life skills, work skills, and academic enrichment towards a GED. We have been extremely pleased. We are learning. As you well know, these young people, ages 16 to 18, although they manifest a lot of enthusiasm, once they get in that military environment sometime it's a very difficult adjustment for them to make. So our attrition rate has been well, I don't know necessarily if it's all that high. It's something that we're certainly aware of and looking at very closely. And the way we think the solution to that would be that we over invite students in at our next session, i.e. if the grant calls for 150 people, or for 150 students, we very well might invite as many as 200. And that's only an example, to take care of the attrition rate that will occur once they get into that military type environment.

CHAIRMAN PHILLIPS: Maybe a year or so ago you were on the Board and we had some problems out there at Wil Lou Gray with some people living on the campus. And also some State property that was leased out or given away to a North Carolina company.

MR. RHOADS: Yes, sir.


Printed Page 2096 . . . . . Wednesday, April 21, 1999

CHAIRMAN PHILLIPS: You were on the Executive Board at that time, how did you all, you handled it, but was your process fairly quick or ...

MR. RHOADS: Well, first thing, as you well know, the accusations were made and certainly we had to get involved in it. To be honest with you and the committee, if my memory serves me correctly, it was uncovered basically by the Charleston Post and Courier. We started investigating; SLED got involved in it; we were able to get the report, and what happened, there was some rafts that were purchased under a grant for the students recreational activity, they were carried into North Carolina. And very unfortunately, as a Board, we were not cognizant of that since we are not there on a five day a week basis. But we quickly found out and resolved it, sent the staff up, got the rafts back. And those people who were involved are no longer associated with the Wil Lou Gray Opportunity School, Representative Phillips.

CHAIRMAN PHILLIPS: Thank you, sir. I know you've had a change in the Director, and we've got a new Director out there, does the Board try to micro manage or are you letting ...

MR. RHOADS: Well, in my ... no, sir, to answer your question. There's no way that we micro manage. I would not think that, or at least my association, like I said, since the early '80's, it's certainly not our intent in any way to micro manage an institution when we're not there on a seven day a week basis. What we have done, as you well know, our previous superintendent resigned to accept the job in Kershaw County as Assistant Superintendent. We are presently operating under the guidance of Mr. Pat Smith who is Interim Director. And this Board will take up the issue of permanency come our next Board meeting, Representative Phillips. And let me quickly state, Mr. Smith has done an excellent job in providing us with leadership during this interim period of time.

CHAIRMAN PHILLIPS: Well, I know you're a very capable person. And can you tell me some of the things that you've done and some of the things that you look for with Lou Wil Gray, very briefly?

MR. RHOADS: Well, the first thing, of course, as you well know, we look in terms of these are... that institution serves students for drop out, truancy, or whatever.

CHAIRMAN PHILLIPS: Yes.

MR. RHOADS: And so it's a golden opportunity to provide a second chance. And so certainly we're looking in terms of the quality education that's provided because we would like as many of those


Printed Page 2097 . . . . . Wednesday, April 21, 1999

students as possible returned to the community with academic enrichment. Hopefully a GED, as well as being exposed to some vocational activities that we have on campus. And so I look very closely to look at our success rate of those students who have passed our way, so to speak. And another thing that is so exciting about the new challenge academy that Senator Wilson had alluded to, and as well as I, you have to remember, not only do we provide the 22 weeks on campus, once those students who graduate they return home and they're under a mentor program either in academics or vocational in their community for one year. So you see, not only do we provide the in-house life skills, vocational skills, academic enrichment and the military, but once that person or those students leave to return to the community, we have somebody that will follow them there, which I personally feel is very, very critical for the success of those students. Otherwise, they go back into that environment which would have been detrimental to them.

CHAIRMAN PHILLIPS: Well, thank you, sir. I know you deal with troubled youth out there. And I know you have put in some policies that would prevent drugs, smoking ... on campus. And I want to commend you on that, because you did have a serious problem at one time ...

MR. RHOADS: Yes, sir.

CHAIRMAN PHILLIPS: ... with drugs and students who would threaten other students because of situations unbeknown to the Board or to the Director. I just want to commend you for that.

MR. RHOADS: Thank you so much. And I think, Representative Phillips, one good ... one thing that I truthfully, or I say again, and I reiterate, the point of it is, with the military environment that we have, those of you who have been a part of the military somewhere in your lifetime, I was going to be facetious little bit and tell you I'm not a Colonel or a General, I'm a proud retiree of the South's South Carolina and have spent 37-1/2-years as a high school math teacher as well as working for vocational rehabilitation. But the point of it is, we didn't ... we feel like the school has made an impact or intended to make an impact, and that military environment is long overdue. We say What's wrong with the school systems in South Carolina? and I'm not up there, I still contend when we put discipline back in the schools you're going to see what's going to happen to the educational process.

CHAIRMAN PHILLIPS: Well, thank you, sir.

MR. RHOADS: Thank you.


Printed Page 2098 . . . . . Wednesday, April 21, 1999

CHAIRMAN PHILLIPS: Any other questions? Thank you very much.

MR. RHOADS: Thank you. Thank you.

CHAIRMAN PHILLIPS: Dr. Louis Scott. Dr. Scott is now, is Chairman of the Board and the incumbent. Dr. Scott, would you please raise your right hand? The information asked of you here today will be the truth so help you God?

DR. SCOTT: Yes.

CHAIRMAN PHILLIPS: Do you now have any health problems that would ...

DR. SCOTT: No, I don't.

CHAIRMAN PHILLIPS: ... prevent you from continuing to serve in a full capacity ...

DR. SCOTT: No.

CHAIRMAN PHILLIPS: ... at any time? Considering your present occupation or activities would it be, are you able to attend the Board, and I know you have, continue on a regular basis?

DR. SCOTT: Yes.

CHAIRMAN PHILLIPS: Do you have no personal conflicts at this time ...

DR. SCOTT: No.

CHAIRMAN PHILLIPS: ... that we need to know? And you do not hold any other elective office that would constitute dual office holding, do you?

DR. SCOTT: No, I don't.

CHAIRMAN PHILLIPS: Would you make a brief statement, ma'am?

DR. SCOTT: Mr. Chairman and members of the committee, I would like to continue as a member of the Board of Wil Lou Gray Opportunity School because I'm so interested in its present mission of working with at-risk youth. I think Mr. Rhoads has very adequately described our new program to you. But I can tell you that the Board is very excited about this new adventure with the South Carolina National Guard and the Youth ChalleNGe program. This program basically reflects the philosophy and the mission of Dr. Wil Lou Gray. When she started this school in 1921, she started it with a boarding school for farm women, to give them a second chance to learn, and through the years that has been the mission of this school. It's just that the population has changed as we have tried to meet the needs of the State, so now our audience or our school population is focused on at-risk youth. I am the Chairman of the Board, and this is the second time I


Printed Page 2099 . . . . . Wednesday, April 21, 1999

have been honored by my colleagues. I served once before for four years as Chairman of the Board. I have been active in the public schools in South Carolina as a teacher and as an administrator. I think these, some of things that I have done through the years in many ways, not only in public schools but as a teacher at the University of South Carolina, Clemson University, Francis Marion University, recently supervising student teachers for Francis Marion which put me back in the classrooms again. Things that I have donethrough the years you have listed are a few of them, but I think some of these things are very helpful as we set policies and try to direct the school. One of the things that I did was, which I probably haven't listed, was I served on Governor Campbell's task force. They've had town meetings around the State to where we talked with parents, students, educators in looking at the problems that we have in South Carolina now with these youth and the types of alternative programs that they need. And I think certainly the program we have at Wil Lou Gray now in collaboration with the National Guard is one of the best things that we have had since I have been on the Board at that school. I think there's a sign out front if you go by the school that says "Why stop learning?" and I guess being, coming from an educational background, that's what I see and what I work for and what I am interested in in that school.

CHAIRMAN PHILLIPS: Thank you very much. Any committee members have any questions of Dr. Scott? Ms. Glover.

SENATOR GLOVER: Mr. Chairman, I'd simply like to say that Dr. Scott is out of Florence and, that's not her home but that's where she resides now, and I'd like to thank her for her years of service on this Board. And I know of her genuine concern for Wil Lou Gray. And as she said, coming from a family, her late husband, Dr. Bob Scott, who was also the Executive Director for our PeeDee education group in Florence, all through the years they've always done all that they could to make sure that the quality of education for South Carolina's children has been very good. And I just want to thank you for your years of service.

DR. SCOTT: Thank you very much.

CHAIRMAN PHILLIPS: Dr. Scott, I too would like to echo the remarks of Senator Glover. We too enjoyed having Bob, and we certainly miss him and you have our sympathy in losing Bob this year, but we know his interest in education by serving on the State Department of Education and being very active in there, and your activities with Wil Lou Gray. We just appreciate that. Thank you very much.


Printed Page 2100 . . . . . Wednesday, April 21, 1999

DR. SCOTT: Thank you. Thank you very much.

CHAIRMAN PHILLIPS: Thank you very much. Our next candidate is Mr. Lowell C. "Butch" Spires. Butch.

MR. SPIRES: Yes, sir.

CHAIRMAN PHILLIPS: Butch, would you raise your right hand? The information and questions asked you today will be the truth and nothing but the truth so help you God?

MR. SPIRES: I do, sir.

CHAIRMAN PHILLIPS: Do you have any health related problems that we need to know about that would cause you not to be able to serve in a full capacity?

MR. SPIRES: No, sir.

CHAIRMAN PHILLIPS: Considering your present occupation, do you have any reason that you couldn't attend Board meetings on a regular basis?

MR. SPIRES: No, sir.

CHAIRMAN PHILLIPS: Do you have any interests, professionally or personally, that would add to a conflict of interest?

MR. SPIRES: No, sir.

CHAIRMAN PHILLIPS: Okay. And do you hold any other public office that would constitute a dual office holding?

MR. SPIRES: No, sir, not that I'm aware of.

CHAIRMAN PHILLIPS: Thank you, sir. Would you make a brief statement?

MR. SPIRES: I'm Lowell C. Spires, Jr. Been Butch since my Grandmama looked at me when I was about 20 minutes old. Which means close to 58 years. I've been married to Ms. Gayle for 39 years this August and am the father of three children and the grandfather of four fine youngsters. My involvement in my community of Lexington County where I have resided all my life. I have helped with several different things. I have in previous process been a member of Lexington County Council for 18 years. I was President of the South Carolina Association of Counties in 1989. I served on the National Association of Regional Council Board. I served as President of the South Carolina Association of Regional Councils. So I've had a strong involvement in that area. In addition to that, since 1959 when I finished high school, I helped an old coach of mine organize Cayce West Columbia Little League Football. And I've coached little league football and baseball, and church basketball, and sponsored ball teams, and been involved in the community for a very long time. I served as Chairman of the Recreation commission for eight years prior to my


Printed Page 2101 . . . . . Wednesday, April 21, 1999

election as a member of County Council. I have had a heavy involvement with youth and youth related activities all of my adult life. I'm very proud that I'm an honorary life member of the State and National PTA organization, as is my wife. I still go to PTA meetings although my youngest child is 31 years old. I have worked in the community through the Chamber of Commerce activities. I've worked with the Save St. John's Church Committee that built that church not once but twice. I have tried to be involved through all the activities with the youth in the school processes. I served as Chairman of the building committee to build the airport Eagle's Nest and the Bearcat dressing rooms where we simply didn't have funds from the school board so we went out in the community and raised the funds and built those facilities over the last few years. I've sponsored ball teams. I have constantly worked in that regard. In offering to this thing I tried to look into it and do what I could to find out about it. I know that the program with the National Guard is a 22 week cycle. I know currently there are [inaudible] involved in it. I know that there are 28 buildings on the campus. The campus consists of about 87 acres. I know that it's basically funded at the current time by three and half million dollars from the State of South Carolina. Having the five dormitories there, three of them are currently being used, two of them are vacate. I've looked into to try to find out about this ChalleNGe program or similar type program that's operated in Louisiana and in Georgia, and it's been in place down there several years and it has worked very well, and it has basically about doubled their number of students that are currently involved in this program at the Wil Lou Gray school. I understand that the emphasis has been budgeted to drive toward GED is a different program, and they do such things out there on an instructional basis as building construction and auto mechanics. There's a child care program. There's a computer literary program there. From what I can understand and gather from talking to current Board members and current staff, the ability to handle somewhere in the neighborhood of 200, 250 students is this, I personally see it as an opportunity for an awful lot of young people who have challenges in their life, basically caused by the lack of proper raising or by proper, not having proper discipline, which I think this program instills and brings to bear to give some folks a second chance. And I believe very greatly and very strongly in that. In fact, I think any of those young people that we can recruit through high school counselors or through the drop out process for those who need the respect and discipline that's taught that deals in [inaudible] to have a second chance to become progressive citizens and

Printed Page 2102 . . . . . Wednesday, April 21, 1999

contributing citizens of our State is most probably one of the most important programs we have and can do. If we lose these people, we won't ... we don't lose them, we just simply deal with them in many other aspects in many other places. My interest is to join and to be a contributing positive factor. I have theinterest and I'm willing to commit the time that is necessary to be involved and make that positive contribution. I'm very proud of what I have been able to accomplish and do in my life. I have worked hard in my community. I will intend to do so if given the opportunity in this instance also.

CHAIRMAN PHILLIPS: Thank you.

MR. SPIRES: I'll be glad to answer your questions.

SENATOR WILSON: Mr. Chairman.

CHAIRMAN PHILLIPS: Senator Wilson.

SENATOR WILSON: Mr. Chairman, as one of the Senators from Lexington County we're very proud of Mr. Spires. He certainly is one of our outstanding community leaders, and I certainly what to certify that he works very hard for the young people of our community. And he has a vision of how to help people. And very important he will follow through and accomplish his goals. So I want thank you for offering for this position.

MR. SPIRES: Thank you, sir.

CHAIRMAN PHILLIPS: And I too want to thank you for your public service. And I've known you through the years, and through the County Association of Governments, and tell you that, and kind of giggle a little and joke there, I bet you know what's on Boston Avenue?

MR. SPIRES: Yes, sir. I do. I don't live very far from there though.

CHAIRMAN PHILLIPS: You may have said Boston Avenue. You had so much knowledge of it ...

MR. SPIRES: I only live about a mile and two tenths from the school itself.

CHAIRMAN WILSON: Well, thank you very much, Butch. Any other questions from any of the committee members? Thank you, sir.

MR. SPIRES: Thank you. I appreciate your time.

CHAIRMAN PHILLIPS: Now we have Dr. Barbara Dilligard. Ms. Dilligard, will you raise your right hand? The information we ask of you here today will be the truth and nothing but the truth ...

DR. DILLIGARD: Yes.

CHAIRMAN PHILLIPS: ... so help you God.

DR. DILLIGARD: Yes, sir.


Printed Page 2103 . . . . . Wednesday, April 21, 1999

CHAIRMAN PHILLIPS: Do you have any health related problems that this committee needs to know about?

DR. DILLIGARD: No, I do not.

CHAIRMAN PHILLIPS: Considering your present occupation and activities could you serve on a regular basis if elected?

DR. DILLIGARD: Yes, I can.

CHAIRMAN PHILLIPS: Do you have any interests, professional or personally, that would offer a conflict of interest to serve on this Board?

DR. DILLIGARD: No, I do not.

CHAIRMAN PHILLIPS: Do you hold any other public office that would constitute dual office holding?

DR. DILLIGARD: No, sir.

CHAIRMAN PHILLIPS: Go ahead, ma'am, with your statement.

DR. DILLIGARD: Thank you for this opportunity to address the committee. I'm Barbara Dilligard, and I'm a native Charlestonian. Recently retired as Deputy Superintendent of Personnel and Administration after 30 years of service with the Charleston County School District. I have a degree in mathematics from Johnson C. Smith University, an MBA from the Citadel, and a doctorate from Vanderbilt University. Very briefly, my interest in the Wil Lou Gray Opportunity school is the long standing commitment that I have made over the years in education, and a number of other capacities that I've served Charleston County School District. I was the author of a nationally recognized grant. One of 17 funded that won $3,000,000.00 in the Department of Justice for Juvenile Justice and Delinquency Prevention. I have authored and managed a number of programs designed to help students have that second chance. Rather than to call them "At-risk," I call them children who are unable to function in a traditional setting. But they certainly need to be successful and be contributing members of our society. I've been successful in a number of projects. Over $8,000,000.00 worth of competitive grants just to do that. Most recently, I worked very hard with a group of National pre-recognized Generals to develop a military magnet middle school in Charleston County School District, and it's success I think will speak for itself in a few years when we graduate our first class. I have also served on former Governor Robbie's juvenile justice and delinquency advisory committee. And my history with working with young people is longstanding and I think distinguished in a number of ways, if you are familiar with any of the programs that I've either written or supervised. I am committed to the Wil Lou Gray Opportunity School. I'm very


Printed Page 2104 . . . . . Wednesday, April 21, 1999

familiar with the Youth ChalleNGe program and I serve on the advisory committee for the Youth ChalleNGe program. I'll be happy to answer any questions that you might have at this time.

CHAIRMAN PHILLIPS: Thank you very much. Any committee members questions of Dr. Dilligard? None.

REPRESENTATIVE INABINETT: I don't have a question just a statement.

CHAIRMAN PHILLIPS: Curtis.

REPRESENTATIVE INABINETT: Dr. Dilligard, I'm certainly happy that you're here and interested in serving on this Board. Charleston County lost a lot when you retired from the system. I'm sure you will do well if appointed to serve. Thank you.

DR. DILLIGARD: Thank you.

CHAIRMAN PHILLIPS: Any other questions? None. Thank you, Dr. Dilligard. What is the committee to certify the four candidates that...

SENATOR WILSON: Move favorable.

SENATOR GLOVER: Second.

CHAIRMAN PHILLIPS: Motion to certify. All in favor please signify by saying aye.
(All in Favor)

CHAIRMAN PHILLIPS: Vince Rhoads, Dr. Louis Scott, Lowell "Butch" Spires, and Dr. Barbara Dilligard, at 12:00 tomorrow you will be able to secure commitments and votes. Thank you very much. You are certified now as a candidate. Thank you. You may leave, if you wish, or you can stay. Winthrop University is the last one, and we have one seat. And we have the incumbent, Robert L. Thompson. Mr. Thompson, would you please raise your right hand? The information and questions here today will you give the truth so help you God?

MR. THOMPSON: Yes, I will.

CHAIRMAN PHILLIPS: Since you're already on, I'm going to ask you, do you have any problems that we don't know about at this time that would cause you not to continue in a full capacity?

MR. THOMPSON: No, sir.

CHAIRMAN PHILLIPS: Considering your occupation now, would it be able to attend all the Board meetings on a regular basis?

MR. THOMPSON: Yes, sir.

CHAIRMAN PHILLIPS: Do you have any interests, professionally or personally, that would cause a conflict because of your service on this Board?

MR. THOMPSON: No, sir.


Printed Page 2105 . . . . . Wednesday, April 21, 1999

CHAIRMAN PHILLIPS: Do you now hold any other public office or elected office that would constitute...

MR. THOMPSON: No, sir.

CHAIRMAN PHILLIPS: ... dual office? Thank you very much. You can go ahead with your statement. If you'll give us a brief statement, we appreciate it.

MR. THOMPSON: You have the copy of my testimony. I'm not going to go through all of it. I just want to point out a couple of things. One is, I guess a fundamental thing, since the paperwork was submitted I have retired from Springs Industries, as of last month, and formed a consulting company. So I am now RLT Consulting rather than Vice-President of Springs Industries. That consultancy, I have two main clients, one is Springs Industries and one is the State Department of Education, which you may have read about. I've been on the Winthrop Board since 1992, Governor Campbell appointed me to an unexpired term. I then ran for election to a full-term in 1993. I had previously served three years as Chairman of the Winthrop Foundation where we tripled the endowment during that period. I currently ...I've been a Board Chair for three years. I currently serve as a member of the Executive Committee Chair and act in various committees. And I won't go through some of things, the high points I think are in that first sentence. We've achieved 100 percent of accreditation of all our courses. One of the few institutions in the State to do that. We've launched our first-ever capital campaign, Senator Glover was interested in the fundraising initiatives of the school in which this is the first time Winthrop has ever launched a serious campaign for the modest, it seems modest in light of the headlines, $26,000,000.00 goal, and we're a little over halfway to that point now. We've produced one of the highest ratings in the State on the performance funding system. And we're nearing completion thanks to the General Assembly of our new class building on campus and hope to get into that late this summer. I'm currently serving on the Commission of Higher Education and Strategic Planning Task Force. We have launched a strategic planning effort to redirect some money. I understand times are tight and our funding sources don't go up regularly. And so what we've asked the administration to do is to launch an effort to redeploy about $3,000,000.00 to do two things. One is to fund some, focus on some centers of excellence. Understanding we can't be everything to everybody. And to also beef up our faculty and staff salaries, which is a problem that's common with all institutions across the State not just Winthrop. I think in the process


Printed Page 2106 . . . . . Wednesday, April 21, 1999

this might be of interest to you to know, you also asked the question Senator, we have the highest black enrollment of any institution outside of South Carolina State, in the neighborhood of 21, 22 percent. Our Board has five women on it, two minorities out of 11 people that participate, for your interest. Finally, I was the only South Carolinian on the Southern Regional Education Board's Commission on Education Quality. I succeeded Secretary Riley in that seat, which that particular commission focused on higher education. So I've managed to stay involved with that. I want to stay involved. We've made great progress at Winthrop. I want to see us do more. And that's why I'm seeking re-election. Thank you.

CHAIRMAN PHILLIPS: Thank you, sir. Do we have any questions of Mr. Thompson? None.

SENATOR GLOVER: Thank you.

CHAIRMAN PHILLIPS: None. Thank you, Robert. Our next is Mr. Rick Lee. Mr. Lee, will you raise your right hand? The information and questions that are asked here today will be the truth so help you God?

MR. LEE: I do.

CHAIRMAN PHILLIPS: Do you have any health problems that would prevent you, that we don't know about that ...

MR.LEE: No.

CHAIRMAN PHILLIPS: None. Do you have any occupations or things that would prevent you from serving on a regular basis?

MR. LEE: No, sir.

CHAIRMAN PHILLIPS: Should you be elected? None. Do you have personal interests or conflicts of interest?

MR. LEE: No, conflicts.

CHAIRMAN PHILLIPS: Okay. Do you hold any other public elected office?

MR. LEE: I do not.

CHAIRMAN PHILLIPS: Thank you, sir.

MR. LEE: You have the testimony in the package before you, so I also, for brevity, will not go through everything that's in there. I will say that I have had a long relationship with Winthrop. It stretches over 27 years. As a son, my mother, Dr. Lee, was Vice President of Winthrop; as a husband, my wife is a graduate of Winthrop, as am I; and as a father, my children have been attending MacFeat, the early education program that Winthrop has. In fact, I even have another relationship with Winthrop. One of my sons jumped off the swings a few weeks ago and broke his arm while playing at the playground


Printed Page 2107 . . . . . Wednesday, April 21, 1999

there, so now I know the school even better than I did before. I have a demonstrated commitment to the University. I served on the Winthrop Board of Visitors for two years. While the Board itself was not tasked with raising funds, I none-the-less was able to raise money on my own fruition for the school. I became a financial supporter of Winthrop in the early '70's. I founded the Winthrop MVP Awards for the then beginning soccer programs when men finally came to the school. The last year I was honored by the Winthrop Soccer Coach, and the program for having been instrumental in soliciting donations and contributions that saved the program almost $60,000.00 in trying to get the fields lighted. I was instrumental in getting other developments to the athletic program to try to support fledgling soccer programs. I have been a member of the Winthrop Eagles Club for many years, and remain committed to the school. I live only a few blocks away from the school and so good, the things that are good for the school are good for the neighborhoods, and good for the people who live around it. In my professional career I serve as the Vice President of J.A. Jones Construction company in Charlotte. We had profit and loss responsibilities for large projects and a large division within the company. I presently provide consulting services to companies such as Northrop Grumman, ICF Kaiser and others in the privatization market. This is an area where government organizations are seeking to out source services that are provided. Last year we won a contract to operate Kennedy Space Center in Cape Canaveral and is part of this privatization. I think that's an asset that I bring because of my knowledge in this area. It's likely that Winthrop and other educational institutions are going to have to look in the future to finding ways to operate more cost effectively, and one of the primary methods of doing so is this out sourcing of services. I served as a member of the Board of Directors for two large environmental companies. I was appointed to the York County Council, by the York County Council to the York County Planning commission, and was elected Chairman of that commission. I currently am appointed, was appointed by the county council to serve as a member of the Zoning Board of Appeals. I served as a Chairman of the York County Task Force on Mobile Homes as a member of the York County AGC Property Task Force and presently serve as Vice President of the Sullivan Middle School PTO. I have a somewhat unique perspective on the role of the Board of Trustees. I believe that the Board should represent the administration as well as the faculty and the student body. They should act as ambassadors for the State to ensure that the school is a good member of the community

Printed Page 2108 . . . . . Wednesday, April 21, 1999

and contributes positively with all those groups. I believe the Board should challenge the administrations development and growth plans more fully. There is nothing that will improve the administrations thinking and planning for growth like a Board that demands detail and proof to support the plans. I believe the Board should actively serve as an ambassador to the community and help raise money for student scholarships and school improvements. I believe the Board of Trustees should work to improve relationships between Winthrop and the legislative delegation that's in York County. Finally, I believe the Board should help Winthrop expand its campus while protecting its heritage and history. I believe I offer as a Member of the Board of Trustees a lot of innovative approaches to problems that I've learned while in the private sector, and my experience in long term planning would be of benefit to the school in projecting where we will be in 20 years time. Thank you.

CHAIRMAN PHILLIPS: Thank you, Mr. Lee. Any questions of Mr. Lee? Any of the other ...none. Thank you very much.

MR. LEE: Thank you.

CHAIRMAN PHILLIPS: That concludes the screening on Winthrop University.

SENATOR BRYAN: Move favorable.

SENATOR WILSON: Second.

CHAIRMAN PHILLIPS: On Robert L. Thompson, and Mr. Rick Lee to certify them as candidates.   All in favor signify by saying aye.
(All in Favor)

CHAIRMAN PHILLIPS: Any opposed. None.

SENATOR BRYAN: Mr. Chairman?

CHAIRMAN PHILLIPS: Yes, sir.

SENATOR BRYAN: Can I ask a question? We've had three that were not here. What ...

CHAIRMAN PHILLIPS: I'm just going to take them up. Mr. Thompson, Mr. Lee, you can seek votes as of 12:00 tomorrow. You are a certified candidate now. You may leave if you wish, or you may stay on, or whatever. At this time I'd like to entertain a motion to go into Executive Session.

SENATOR GLOVER: So moved.

SENATOR BRYAN: Mr. Chairman, I don't believe we've gone to Seat 13, At-large, Franklin Burroughs and Etrulia Dozier. That was ...

CHAIRMAN PHILLIPS: Would you ...

SENATOR BRYAN: I'll move to go ahead and ...


Printed Page 2109 . . . . . Wednesday, April 21, 1999

CHAIRMAN PHILLIPS: Okay. The motion is made. Do we have ...

SENATOR WILSON: Second.

CHAIRMAN PHILLIPS: Second to ask Franklin Burroughs and Ms. Dozier to be certified. And they may leave if they wish. Ms. Dozier and Mr. Burroughs you are now certified. You may seek votes tomorrow as of 12:00. And you can stay or you're welcome to go. Whatever you want to do. It's your pleasure.

SENATOR BRYAN: What I was going to ask is on the ones that weren't here, are we going to approve the others or not in that race, throw them out, or?

CHAIRMAN PHILLIPS: We'll talk about it in Executive Session. Are there anymore that ... okay, the motion has been made to go into Executive Session. I would ask everybody to leave the room. You may stand out in the hall and if we need you we'll contact you.
(Executive Session from 11:10 a.m. until 11:29 a.m.)

CHAIRMAN PHILLIPS: We are now in regular session. Senator Bryan, you have a motion?

SENATOR BRYAN: Move to favor confirmation with Lee Mason.

REPRESENTATIVE INABINETT: Second.

SENATOR WILSON: I believe that Mr. Burroughs is the incumbent.

CHAIRMAN PHILLIPS: Yes.

SENATOR WILSON: And so that that would leave only one candidate left.

CHAIRMAN PHILLIPS: Yes.

SENATOR WILSON: And so upon the withdrawal of Mr. Burroughs that Ms. Mason would be reported favorably.

CHAIRMAN PHILLIPS: Now, it looks okay. Thank you. The At-large, Seat 15, Mr. Egerton Burroughs has withdrawn his application to be a member of the candidate for Coastal Carolina University. And being the only other candidate, Ms. Lee Mason, we declare Ms. Lee Mason the candidate for that seat and you may secure votes tomorrow after 12:00.

SENATOR WILSON: And Mr. Chairman, we had three others in regard to ...

CHAIRMAN PHILLIPS: Yes.

SENATOR WILSON: ... the persons who were unable to attend.


Printed Page 2110 . . . . . Wednesday, April 21, 1999

CHAIRMAN PHILLIPS: On the ones who are unable to attend, Mr. George D. Anderson, we are rejecting his application by favor to get here in time. And we will notify him in writing. The ...

SENATOR WILSON: Mr. Chairman, I would like to urge that the letter which would be sent to him would indicate that his failure to be recommended for a favorable report was solely due to his non-attendance which was beyond his ability in that we understand he's out of the Country for two weeks, and so it has nothing to o with Mr. Anderson personally. In fact, he has an excellent resume and would hope he applies again.

CHAIRMAN PHILLIPS: Thank you. And so ordered. And on Ms. Agnew and Mr. Arnold Collins, we'll extend to them next Wednesday morning at 9:00 to continue our screening of those two candidates.

SENATOR WILSON: And Mr. Chairman, as to District 1, Seat 1, that we would report favorably the three remaining candidates.

SENATOR BRYAN: We need to do that.

CHAIRMAN PHILLIPS: I thought we did that.

SENATOR BRYAN: No, we didn't.

CHAIRMAN PHILLIPS: Seat, Coastal Carolina?

SENATOR BRYAN: Yes.

CHAIRMAN PHILLIPS: Seat, Mr. Clark Parker and Ms. Bonali, and Dr. Ronald Norton. I think it is, yes, that's the three. And we declare that you are certified now. You may seek votes tomorrow at 12:00. Thank you for coming and have a good afternoon. Thank you.
(Meeting was Adjourned at 11:32 a.m.)

COMMITTEE TO SCREEN CANDIDATES
FOR BOARDS OF TRUSTEES
OF STATE COLLEGES AND UNIVERSITIES

*************************

Wednesday, March 31, 1999
9:15 a.m. - 9:45 a.m.

The meeting was conducted on March 31, 1999 at 501 Blatt Building, Columbia, South Carolina, before Jennifer L. Lester, Certified Court Reporter and Notary Public in and for the State of South Carolina.


Printed Page 2111 . . . . . Wednesday, April 21, 1999

APPEARANCES: Representative Olin Phillips, Chairman Representative Lanny F. Littlejohn Representative Curtis B. Inabinett
ALSO PRESENT:
Ms. Sophia Floyd
Mr. Steve Elliott

CHAIRMAN PHILLIPS: I'd like to call the meeting to order and introduce the members that's here. Representative Lanny Littlejohn from Cowpens, Spartanburg, Cherokee. Representative Curtis Inabinett from Charleston, and I'm Olin Phillips from Cherokee and Gaffney. We have a couple candidates here that we didn't get a chance to screen the other day and we will start off with Lander and we'll ask Ms. Robin Agnew to ...

MS. AGNEW: Yes.

CHAIRMAN PHILLIPS: ... please stand. Raise your right hand.

ROBIN R. AGNEW, sworn.

MS. AGNEW - EXAMINATION BY CHAIRMAN PHILLIPS:

Q: Do you have any health-related problems that the Screening Committee should be made aware of that would prevent you from serving on the Board in a full capacity in the future?

A: No.

Q: Considering your present occupation, do you have anything that would constitute ... where you couldn't make Board meetings regularly in the future?

A: No.   Q: Do you have any interests, professions or personally, that constitutes a conflict of interest to being on this Board?

A: No.

Q: Okay. Do you now hold any other public office6 or elected position other than the position at Lander?

A: No.

Q: Thank you. You may give your opening statement, a short brief statement.

A: I'm Robin Agnew. I am employed with NationsBank, vice president, in Myrtle Beach. I head up the business banking unit there. I'm a 1988 Lander College graduate and I would like to give something


Printed Page 2112 . . . . . Wednesday, April 21, 1999

back to Lander and I would like to be on that vacant seat or that expiring term.

Q: Now, you are filling an unexpired term; is that correct?

A: That's right.

Q: So you really haven't had an opportunity to really work with them like you'd like to?

A: No. Now, I've served on a Board of Directors for ... I served on the Chamber of Commerce of Myrtle Beach for three years, so that's my board experience, plus I've served as president of the South Strand Optimist Club in Surfside Beach, and I've also served three terms as secretary/treasurer for the South Strand Optimist Club.

CHAIRMAN PHILLIPS: Thank you. Any questions from any members?

REP. INABINETT: I have none.

CHAIRMAN PHILLIPS: No? What's the committee's ... motion to report out favorably? All in favor, signify by saying aye.

ALL: Aye.

CHAIRMAN PHILLIPS: You are now certified. Thank you very much.

MS. AGNEW: Thank you.

CHAIRMAN PHILLIPS: And we'll ask Mr. Collins, Arnold Collins, please raise your right hand. ARNOLD COLLINS, sworn.

MR. COLLINS - EXAMINATION BY CHAIRMAN PHILLIPS:

Q: Do you have any health-related problems that we should be made aware of since your last election that we don't know about?

A: No, sir.

Q: All right. Considering your present occupation and a member of the Board, have you made the Board meetings regularly on a regular basis?

A: Yes, sir.

Q: Okay. Do you have any other personal interests or professional interests that would constitute that we don't ... conflict?

A: No.

Q: Do you now hold any public office other than this particular office that you been elected to?

A: No public office, no.

Q: Thank you, sir. You may make a short statement, sir.

A: First I want to apologize to the committee for not being here the last time and thank you for allowing me to come up at this time. My name is Arnold Collins, I live in Charleston, and I'm presently Chairman of the Board of South Carolina State University. I had the


Printed Page 2113 . . . . . Wednesday, April 21, 1999

happy privilege of being appointed by former Governor West back in 19 ... the early 1980's, so I served from '83 until '89, and then I came back on the Board again in '95. My term expires this month. And the Board elected me two years ago as Chairman. My background is finance and business and I work very closely with the school. I'm very proud to report to you all that we have a very good Board. I want the record to indicate that I'm proud of South Carolina. We have the most integrated Board of any college in the state. We work very, very closely together as a team. We have some very good people on our Board. We had to make some very, very tough decisions that you all may have heard about over the last few years, and because we work closely together, we did that. We, you know, crunched numbers for the finance and I want to report to you that we are going to have a balanced budget this year. The school is financially sound. We got a 94 on our performance-based funding. We didn't fight against it, we worked hard, and we're the third highest in our peer performance-based funding and all the economic indicators and all the educational indicators of the school is up. I'm proud to report that to you.

CHAIRMAN PHILLIPS: Thank you, sir. Do the committee members have any questions?

REP. INABINETT: I do have one question.

CHAIRMAN PHILLIPS: Mr. Inabinett.

REP. INABINETT: I would like to also state that Mr. Collins is also a former banker for a number of years in the Charleston area. Mr. Collins, during the budgetary process in the House, State University was the subject of funding on the floor of the House, there was quite a bit of debates, amendments, presented in favor of the university receiving more funds than it ultimately ended up receiving. My question to you is the same as it was to other individuals interested in either being elected or re-elected to the Board. Did you have ... as a member of the Board, were there any dialogue between Board members and university employees with reference to the annual budget request to the state?

MR. COLLINS: Dialogue between ... I don't know if I understand you.

REP. INABINETT: Well, prior to the president submitting his request to Ways and Means, were there any dialogue between Board members and the president or Board members and other staff members with reference to needs?

MR. COLLINS: Oh, yes, you mean whether we were brought up to date about needs?


Printed Page 2114 . . . . . Wednesday, April 21, 1999

REP. INABINETT: Yes.   MR. COLLINS: And whether the president went in without the knowledge of the Board or anything?

REP. INABINETT: Yes.

MR. COLLINS: Oh, no. We discussed all of our needs. As a matter of fact, you may know that we had ... after we had the tragedy with the debt of the school, we asked the Governor to give us some help. So DHEC came in, some other regulatory people came in, and did an exhaustive analysis of what our needs were. So we all are of one accord. The primary problem is that, and I'm not complaining but I'm just telling you facts, South Carolina State has not gotten its fair share from the legislature over the years and as a result of it, we have postponed a lot of infrastructure kinds of situations and that's what our problem is, and that's why the request. We asked for a bond bill and that's why the request of those ...the money that we're asking from the legislature is kind of high now because it's an accumulation over the years because we don't think that we have gotten our pro rata share and as a result, there are a lot of buildings that's in disrepair and a lot of infrastructure needs that need to be improved. And so we were all of one accord. We're getting a very intentive ear. Former Treasurer Eckstrom came down and made an assessment, and at the last Budget and Control Board that we had to make our last financial report, he got up and spoke very highly about us, and it was very surprising, and he talked about the need of the school getting more resources and Senator Drummond did the same thing. So we have some really good friends and allies. But to answer your question, the president ... it was not a long range ... it was by design, we all know what the problems are. And I hope I'm answering your question.

REP. INABINETT: No, that's ... thank you so much.

MR. COLLINS: We're all on one accord now, I think.

CHAIRMAN PHILLIPS: Any other questions? Now I'd like to make a statement. I really appreciate you taking the ... kind of the bull by the horn and getting Dr. Davis, LeRoy Davis, to be president. I think that's positive. I worked with him when I was Chairman of the Education Committee and I could see the need back then when we toured that institution, there was a great need there, but I think that you all have re-committed on his selection. I think you made a wonderful choice, it looks like he is familiar and has a working relation. By the budget we've just passed, you've been able to accumulate some money that you desperately need, and I just want to commend you on that.

MR. COLLINS: Thank you.


Printed Page 2115 . . . . . Wednesday, April 21, 1999

CHAIRMAN PHILLIPS: What is the determination of the committee?

REP. LITTLEJOHN: I move we accept him.

CHAIRMAN PHILLIPS: All in favor signify by saying aye.

ALL: Aye.

CHAIRMAN PHILLIPS: So certified. Thank you, sir.

MR. COLLINS: Thank you very much.

CHAIRMAN PHILLIPS: You all may go if you like. We've got a little more business to talk about. We appreciate you coming.

REP. INABINETT: Mr. Chairman ...

CHAIRMAN PHILLIPS: Sir?

REP. INABINETT: I was just about to say, although you have no opposition, you are aware that you can go ahead, if you need to or would like to, and request support.

CHAIRMAN PHILLIPS: That's right. If you think you need to solicit some support, you may do it.

MS. AGNEW: What's the next step? I guess I'm ignorant on the due process.

CHAIRMAN PHILLIPS: The next step ... the next step you'll be notified of the day of the elections and if you want to be present for your election, you need to ... I would say maybe make some letters ... since you are new, let me tell you little points here, maybe if you send some letters out to the committee and tell them even though you're unopposed, you'd like to ... I mean, to the General Assembly, the House and Senate, that you would like their support and hope that you can meet them if you can. If you've got time, you may stay around this morning, go over and shake a few hands and, you know, let them know who you are.

MS. AGNEW: Okay. Thank you.

CHAIRMAN PHILLIPS: At this time we're going to take up the withdrawal of the candidate from Coastal Carolina University. At first it was my thoughts, in talking with some of the people on the floor of the House that we screened and had the same process as the judicial when a candidate withdrew, a seating judge withdrew, which we've had a couple of them this year, we had to reopen it. And I wasn't really sure, so we've ask Steve to do the research on it and he's graciously looked the law up and he's given us a letter on it. And Steve, if you will, just stand up and tell us ... kind of brief us over the whole situation that we've asked you.

MR. ELLIOTT: All right, sir. I've basically been asked if you're required to reopen it, as you are in a judicial screening situation when


Printed Page 2116 . . . . . Wednesday, April 21, 1999

an incumbent withdraws after the filing. I believe it was 1996, '98 perhaps, when you amended the law and had the constitutional change, you actually have two separate chapters that deal with ... one dealing with judicial screening, another one dealing with screening for all other positions elected by the General Assembly. Judicial screening requires the reopening if you have an incumbent judge withdraw after the filing and before the election. The statutes governing all other officers that are elected by the General Assembly, including college trustees, does not contain that provision. So it's not required that you reopen. Now, the other question, may you reopen, the answer to that is a little less clear as to what the answer to that is, whether you have that discretion to do so or not. It has been done in the past in some other instances and I tried to find out from people who had worked with the committee before when they had allowed that to proceed and it's just hard to find those records and I don't have that at this point in time. But certainly that is a question, may you do so, and I don't have a clear answer to that and I don't know that there is a clear answer, but it has been done in the past.

REP. INABINETT: If we ...

CHAIRMAN PHILLIPS: Go ahead.

REP. INABINETT: Based on your research, if we do not reopen and since there is only one other person, there would be, in your opinion, no repercussions on us as members of the committee or chairman?

MR. ELLIOTT: Well, one of the differences between your screening and the judicial screening, in the judicial screening, they ... the General Assembly may only elect from the field of candidates the Judicial Merit Selection Commission presents to them. It appears to me that with all other offices there can still be nominations from the floor so that if the remaining candidate that you have in your field is unacceptable to the General Assembly or some facia of the General Assembly, then they can make a nomination from the floor and that person can still be elected rather than the candidate you've screened. And I think Ms. Floyd said that might affect last year, is that...

CHAIRMAN PHILLIPS: In other words, what will happen here, if somebody would make a nomination from the floor and either it'd be Mr. Reject or it'd be a candidate ... a full bona fide candidate, a name submitted, you know, and could be elected at that time.

REP. LITTLEJOHN: Nobody brings up the possibility of no background checks on people, you know ...

MR. ELLIOTT: Yes, sir, that's true.


Printed Page 2117 . . . . . Wednesday, April 21, 1999

REP. LITTLEJOHN: ... that's not the way to do it.

CHAIRMAN PHILLIPS: So, in essence, what will happen, I think, and the Horry delegation may do this, they may very well do it, they would put their candidate as Mr. Reject, then we would have to come back and open it up again if Mr. Reject had no more votes than Ms. Powers ... is it Powers?

MS. FLOYD: Mason.

CHAIRMAN PHILLIPS: No, Mason, Lee Mason. I'm sorry. ... Ms. Mason, that would constitute us having to open it back up to screen again.

MR. ELLIOTT: Yes, if there failed to be an election at that time.

CHAIRMAN PHILLIPS: If Mr. Reject got one more vote than Ms. Mason, then we'd have to screen again, and it may be that ...

MR. ELLIOTT: Well, actually, they can elect without screening. In your circumstances, as opposed to the Judicial Merit Selection Commission, you can elect without the screening. I mean, a nominee from the floor can be elected.

CHAIRMAN PHILLIPS: But if they did Mr. Reject, there'd be no nominee.

MR. ELLIOTT: You mean if they nominated Mr. X from the floor and he's someone who has withdrawn and found disqualified?

CHAIRMAN PHILLIPS: Now, one time in the Public Service Commission they tried to mess around with Guy Butler and they nominated somebody and we came up with a third candidate, Mr. Reject, and he got more votes than the other two candidates because all of Guy's people wanted ... Mr. Butler's people wanted him to win so we'd have to reopen it again. They failed to qualify Guy Butler. They said he wasn't qualified and he'd been on there 20 years, you know. Whether the qualification ... that's the only thing I'm thinking about, they may do that and they may not, I don't know. It's why I wished everybody had been here, you know, to make a determination on what to do. The reason for this, if they should do that, and it looks like the earliest we can have this election is during a joint assembly and I believe that would be June the 2nd when Ms. Toal is going to be elected to the Supreme Court, we may do it that day, and I don't know of anything earlier than that, I don't. So in the case that we didn't get a candidate, we adjourn here the first Thursday in June, then it'd be left up to the Governor to make that appointment, right?

MR. ELLIOTT: As I recall from looking at the Coastal Carolina's, I believe that's correct.


Printed Page 2118 . . . . . Wednesday, April 21, 1999

CHAIRMAN PHILLIPS: So what is the pleasure of the ... any more questions?

MR. ELLIOTT: Mr. Chairman, I was going to mention that Judiciary did report out Mr. Waldrop's ... Senator Waldrop's bill yesterday, which will be on the floor, and it specifically addresses this kind of situation where a candidate has ... an incumbent is not going to continue to seek the office and specifically authorizes the committee to reopen filing, so you do have that in the process that's moving through.

CHAIRMAN PHILLIPS: After reviewing it, and I now you have, is there anything that we could add to help our situation? Are there amendments that we need to look at?

MR. ELLIOTT: Well, the bill that the House Judiciary reported out would take effect, I believe, July 1st, 1999 and, you know, unless there's some reason unknown to me not to move that date up, you may just want to make it effective sooner and it could cover your situation here.

REP. INABINETT: Mr. Chairman ...

CHAIRMAN PHILLIPS: Yes, sir.   REP. INABINETT: ... since, you know, the process was open to anyone that wanted to file and we only had for that seat two candidates file, I'm of the opinion that in order not to delay the process that we move forward with notifying the one person left in the race that ... and we did screen her, I believe ...

CHAIRMAN PHILLIPS: Yes, we did.

REP. INABINETT: ... that, you know, having found her qualified, that she's the only person in the race and extend to her the same, you know, information or courtesies that we did to the two that we just screened.

REP. LITTLEJOHN: Mr. Chairman, I agree with that.

CHAIRMAN PHILLIPS: Okay. All in favor signify by saying aye.

ALL: Aye.

CHAIRMAN PHILLIPS: All right, then we've determined that Ms. Lee Mason will be the candidate from Coastal Carolina University at-large, seat 15, and that the screening process is now closed after screening all candidates.

MS. FLOYD: We still have the one pending, Francis Marion seat.

CHAIRMAN PHILLIPS: I'm talking about presently.

MS. FLOYD: Right.

CHAIRMAN PHILLIPS: What we've got presently and the committee determine that all candidates be qualified for those


Printed Page 2119 . . . . . Wednesday, April 21, 1999

positions. Do I hear any other motions to that motion?   (Negative response)

CHAIRMAN PHILLIPS: Okay. Thank you very much. Steve, thank you for coming.

MR. ELLIOTT: Yes, sir.

(There being nothing further, the proceedings adjourned at 9:45 a.m.)

Received as information.

REGULATION WITHDRAWN AND RESUBMITTED

Document No. 2362
Agency: Board of Education
Chapter: 43
Statutory Authority: 1976 Code Sections 59-5-60 and 56-31-360
SUBJECT: Free Textbooks
Proposed on October 23, 1998 in State Register Vol. 22, Issue 10
Submitted to Legislative Council for General Assembly Review February 3, 1999
Received by Speaker of the House of Representatives February 8, 1999
Referred to Education and Public Works Committee
Legislative Review Expiration June 19, 1999
ACTIONS/STATUS
19990409   House Education and Public Works Committee Requested Withdrawal

120 Day Period Tolled
19990420   Withdrawn and Resubmitted

REPORTS OF STANDING COMMITTEES

Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report with amendments on:

S. 56 (Word version) -- Senators Alexander and Elliott: A BILL TO AMEND SECTION 58-5-710, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PUBLIC SERVICE COMMISSION'S REGULATION OF WATER AND SEWER UTILITIES' ADEQUACY OF SERVICE, ISSUANCE OF AN ORDER TO PROVIDE ADEQUATE AND PROPER SERVICE, FINE OR PENALTY, AND LIEN ON PROPERTY OF THE UTILITY, SO AS TO REQUIRE RATHER THAN PERMIT THE ISSUANCE OF AN ORDER UNDER CERTAIN CIRCUMSTANCES, REQUIRE


Printed Page 2120 . . . . . Wednesday, April 21, 1999

RATHER THAN PERMIT THE IMPOSITION OF A PENALTY OR FINE UNDER CERTAIN CONDITIONS, AND INCREASE THE AMOUNT OF THE PENALTY OR FINE; AND TO AMEND SECTION 58-5-720, RELATING TO THE FILING OF A BOND OR CERTIFICATES OF DEPOSIT PRIOR TO APPROVAL BY THE PUBLIC SERVICE COMMISSION OF CONSTRUCTION OR OTHER WORK ON A WATER OR SEWER SYSTEM, SO AS TO INCREASE THE AMOUNT OF THE BOND.
Ordered for consideration tomorrow.

Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report with amendments on:

S. 539 (Word version) -- Banking and Insurance Committee: A BILL TO AMEND SECTION 38-43-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RESIDENT INSURANCE AGENTS, COUNTERSIGNATURE REQUIREMENT, AND EXCEPTIONS, SO AS TO PROVIDE THAT BUSINESS DONE IN THIS STATE BY INSURERS MUST BE TRANSACTED BY THEIR REGULARLY AUTHORIZED AGENTS LICENSED IN THIS STATE AND TO ELIMINATE THE REQUIREMENT THAT THE AGENTS ACTUALLY RESIDE IN SOUTH CAROLINA, DELETE THE REQUIREMENTS PROVIDING THAT ALL INSURANCE POLICIES, EXCEPT HEALTH AND ACCIDENT AND LIFE INSURANCE POLICIES AND CERTIFICATES ISSUED UNDER GROUP INSURANCE POLICIES, MUST BE PERSONALLY OR MECHANICALLY COUNTERSIGNED ON BEHALF OF THE AGENT, AND DELETE THE PROVISION THAT AN INSURER MAY AMEND OR REPLACE ITS OUTSTANDING POLICIES WITH A NEWLY REVISED POLICY FORM OR NECESSARY ENDORSEMENTS WITHOUT COMPLYING WITH THE COUNTERSIGNATURE REQUIREMENT; TO AMEND SECTION 38-45-30, AS AMENDED, RELATING TO THE REQUIREMENTS FOR A NONRESIDENT TO BE LICENSED AS AN INSURANCE BROKER, SO AS TO DELETE THE REQUIREMENT OF PERSONAL COUNTERSIGNATURE BY A LICENSED RESIDENT AGENT OF THE SURETY, WITH RESPECT TO THE REQUIRED FILING OF A BOND EXECUTED BY A CORPORATE SURETY LICENSED TO TRANSACT SURETY INSURANCE IN SOUTH CAROLINA; AND TO REPEAL SECTION 38-87-60 RELATING TO REGULATION AND TAXATION OF RISK RETENTION GROUPS


Printed Page 2121 . . . . . Wednesday, April 21, 1999

AND PURCHASING GROUPS UNDER THE SOUTH CAROLINA INSURANCE LAWS AND THE PROVISION THAT A POLICY OF INSURANCE ISSUED TO A RISK RETENTION GROUP OR ANY MEMBER OF THAT GROUP IS NOT REQUIRED TO BE COUNTERSIGNED AS OTHERWISE PROVIDED IN SECTION 38-43-60.
Ordered for consideration tomorrow.

Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report on:

S. 540 (Word version) -- Banking and Insurance Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-11-147 SO AS TO AUTHORIZE THE BUDGET AND CONTROL BOARD TO LET FOR BIDS ANY AUTOMOBILE LIABILITY REINSURANCE CONTRACT PURSUANT TO SOUTH CAROLINA CONSOLIDATED PROCUREMENT CODE, UNDER CERTAIN CIRCUMSTANCES.
Ordered for consideration tomorrow.

Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report with amendments on:

H. 3717 (Word version) -- Rep. Battle: A BILL TO AMEND TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 82 SO AS TO PROVIDE FOR THE LICENSURE AND REGULATION OF LIQUID PETROLEUM GAS DEALERS, TRANSPORTERS, AND EQUIPMENT INSTALLERS, TO RE-ESTABLISH THE LIQUID PETROLEUM GAS BOARD AND INCREASE ITS MEMBERSHIP FROM FIVE TO SEVEN; TO PROVIDE FOR THE POWERS AND DUTIES OF THE BOARD; TO CONFORM THE STATUTORY ORGANIZATIONAL FRAMEWORK ESTABLISHED FOR PROFESSIONAL AND OCCUPATIONAL BOARDS UNDER THE ADMINISTRATION OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION; AND TO REPEAL CHAPTER 43 OF TITLE 39 RELATING TO THE LICENSURE AND REGULATION OF LIQUID PETROLEUM GAS ACTIVITIES.
Ordered for consideration tomorrow.


Printed Page 2122 . . . . . Wednesday, April 21, 1999

Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report on:

H. 3779 (Word version) -- Reps. Dantzler and Law: A BILL TO AMEND SECTION 41-18-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN THE SOUTH CAROLINA AMUSEMENT RIDERS SAFETY CODE, SO AS TO REVISE THE DEFINITION OF "SERIOUS INJURY" TO INCLUDE DEATH, IMMEDIATE INPATIENT HOSPITALIZATION, FRACTURES, AND DISFIGUREMENTS.
Ordered for consideration tomorrow.

Rep. SHARPE for the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report with amendments.
Rep. T. BROWN for the minority, submitted an unfavorable report on:

H. 3789 (Word version) -- Reps. Battle, Bailey, Bales, Barfield, Gourdine, Harris, Harrison, Harvin, Hayes, Keegan, Kelley, Kennedy, Limehouse, Lloyd, Lourie, McGee, M. McLeod, Miller, Phillips, Riser, Sandifer, F. Smith and Witherspoon: A BILL TO AMEND TITLE 11, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC FINANCE, BY ADDING CHAPTER 47 SO AS TO ENACT THE "TOBACCO ESCROW FUND ACT" PROVIDING FOR THE ESTABLISHMENT OF A RESERVE FUND TO GUARANTEE AN EVENTUAL SOURCE OF RECOVERY FROM TOBACCO PRODUCT MANUFACTURERS WHO ARE NOT A PARTY TO THE MASTER SETTLEMENT AGREEMENT BETWEEN THIS STATE AND OTHER TOBACCO PRODUCT MANUFACTURERS, TO REQUIRE NONPARTICIPATING TOBACCO PRODUCT MANUFACTURERS TO PLACE FUNDS INTO AN ESCROW ACCOUNT, BASED ON THE NUMBER OF TOBACCO PRODUCT UNITS SOLD, FOR WITHDRAWAL TO PAY A FUTURE JUDGMENT OR SETTLEMENT, TO PROVIDE FOR ANNUAL CERTIFICATION OF COMPLIANCE, AND TO ESTABLISH ENFORCEMENT PROCEDURES AND CIVIL PENALTIES, INCLUDING PAYMENT OF ATTORNEY'S FEES AND COSTS, FINES, AND AN INJUNCTION OF CIGARETTE SALES IN THE STATE.
Ordered for consideration tomorrow.


Printed Page 2123 . . . . . Wednesday, April 21, 1999

Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report with amendments on:

H. 3403 (Word version) -- Reps. Robinson, Kelley, H. Brown, Easterday, Littlejohn, Law, Rice, Sandifer, Vaughn, Leach, Fleming, Trotter, Klauber, McKay, Simrill, Hinson, Barrett and Keegan: A BILL TO AMEND SECTION 34-31-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LEGAL RATE OF INTEREST, SO AS TO ESTABLISH THE LEGAL INTEREST RATE AT THE PRIME RATE; TO PROVIDE THAT THE RATE FOR MONEY DECREES AND JUDGMENTS IS THE PRIME RATE PLUS ONE PERCENT; AND TO PROVIDE HOW THE PRIME RATE IS TO BE CALCULATED.
Ordered for consideration tomorrow.

Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report on:

H. 3891 (Word version) -- Reps. McKay and McGee: A BILL TO AMEND SECTION 22-2-190, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO JURY AREAS FOR MAGISTRATE COURTS, SO AS TO REVISE A JURY AREA IN FLORENCE COUNTY.
Ordered for consideration tomorrow.

Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report on:

H. 3404 (Word version) -- Reps. W. McLeod and Scott: A BILL TO PROVIDE FOR NONPARTISAN ELECTIONS FOR MEMBERS OF THE ALLENDALE COUNTY BOARD OF EDUCATION TO BE HELD AT THE TIME OF THE GENERAL ELECTION BEGINNING IN 2000; TO PROVIDE PROCEDURES WHEREBY A PERSON MAY DECLARE HIS CANDIDACY AND WHEREBY THE ELECTIONS ARE CONDUCTED AND RESULTS DETERMINED; TO PROVIDE FOR THE GENERAL POWERS AND DUTIES OF THE BOARD; AND TO PROVIDE FOR THE TERMS OF THE MEMBERS SO ELECTED.
Ordered for consideration tomorrow.


Printed Page 2124 . . . . . Wednesday, April 21, 1999

Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report with amendments on:

H. 3361 (Word version) -- Reps. Campsen, Loftis, Leach, Inabinett, R. Smith and Witherspoon: A BILL TO AMEND SECTION 62-3-907, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROBATE OF WILLS AND ADMINISTRATION AND DISTRIBUTION IN KIND, SO AS TO REQUIRE THE PROBATE COURT TO CERTIFY THAT AN INSTRUMENT OR DEED OF DISTRIBUTION, BEFORE IT MAY BE RECORDED, CONFORMS TO THE REQUIREMENTS OF THE WILL OR OF THE STATUTE OF DESCENT AND DISTRIBUTION.
Ordered for consideration tomorrow.

Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report with amendments on:

H. 3632 (Word version) -- Reps. Loftis, Harvin, Kelley, Barfield, Haskins, Keegan, Leach, Sandifer and Witherspoon: A BILL TO AMEND SECTION 16-23-210, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MACHINE GUNS, SAWED-OFF SHOTGUNS, AND RIFLES, SO AS TO EXCLUDE SEMI-AUTOMATIC PISTOLS, RIFLES, AND SHOTGUNS FROM THE DEFINITION OF "MILITARY FIREARM".
Ordered for consideration tomorrow.

Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report on:

S. 328 (Word version) -- Senator Cork: A BILL TO AMEND SECTION 27-31-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE HORIZONTAL PROPERTY ACT AND THE PROVISION THAT THE HORIZONTAL PROPERTY REGIME MAY BE WAIVED AND MERGED, SO AS TO PROVIDE THAT IN THE CASE OF NONPROFIT LONG-TERM CARE RETIREMENT OR LIFE CARE FACILITIES WHERE THERE ARE CO-OWNERS, THEN A TWO-THIRDS VOTE, RATHER THAN A UNANIMOUS VOTE, OF THE CO-OWNERS SUFFICES TO WAIVE THE REGIME.
Ordered for consideration tomorrow.


Printed Page 2125 . . . . . Wednesday, April 21, 1999

Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report on:

S. 542 (Word version) -- Senators McConnell and Passailaigue: A BILL TO AMEND SECTION 27-18-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR TERMS USED IN THE UNIFORM UNCLAIMED PROPERTY ACT, SO AS TO AMEND THE DEFINITION OF "INTANGIBLE PROPERTY" BY EXCLUDING TRADING STAMPS AND ELECTRONIC ENTRIES REPRESENTING TRADING STAMPS.
Ordered for consideration tomorrow.

Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report on:

H. 3525 (Word version) -- Rep. Scott: A BILL TO AMEND SECTION 38-53-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS ASSOCIATED WITH THE PROVISIONS RELATING TO BAIL BONDSMEN AND RUNNERS, SO AS TO REVISE THE DEFINITION OF RUNNER AND TO FURTHER PROVIDE THAT RUNNERS MAY EXECUTE BONDS ON BEHALF OF A LICENSED BONDSMAN WHEN A POWER OF ATTORNEY HAS BEEN RECORDED; AND TO AMEND SECTION 38-53-200, AS AMENDED, RELATING TO THE SIGNING OF BONDS, SO AS TO PROVIDE THAT A RUNNER MAY SIGN A BOND AND TO DELETE ONLY THE REQUIREMENT THAT POWERS OF ATTORNEY AND REVOCATIONS OF POWERS OF ATTORNEY ISSUED BY AN INSURER APPOINTING SURETY BONDSMEN BE FILED WITH THE CLERK OF COURT.
Ordered for consideration tomorrow.

Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report on:

H. 3411 (Word version) -- Rep. W. McLeod: A BILL TO AMEND SECTION 56-5-6240, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FORFEITURE, CONFISCATION, AND DISPOSITION OF VEHICLES SEIZED FROM A PERSON CONVICTED OF DRIVING UNDER THE INFLUENCE OF INTOXICATING LIQUOR OR DRUGS, OR


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WHILE HIS LICENSE IS SUSPENDED, SO AS TO REVISE THE PROCEDURE TO DISPOSE OF A FORFEITED VEHICLE IF THE CONVICTED PERSON FAILS TO FILE AN APPEAL WITHIN TEN DAYS OF HIS CONVICTION; TO PROVIDE THAT A SHERIFF OR CHIEF OF POLICE MAY CONTRACT WITH A PRIVATE ATTORNEY TO PROVIDE HIM WITH REPRESENTATION IN A VEHICLE FORFEITURE PROCEEDING; AND TO PROVIDE THAT ATTORNEY COSTS MUST BE PAID FROM THE PROCEEDS FROM THE VEHICLE'S SALE DURING THE AUCTION.
Ordered for consideration tomorrow.

Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report with amendments on:

H. 3759 (Word version) -- Reps. Cobb-Hunter, Wilkins, Seithel, Allison, Altman, Askins, Bailey, Bales, Barfield, Barrett, Battle, Beck, Bowers, Breeland, G. Brown, H. Brown, J. Brown, Campsen, Canty, Carnell, Cato, Chellis, Clyburn, Cooper, Cotty, Dantzler, Davenport, Edge, Emory, Fleming, Gamble, Gilham, Gourdine, Govan, Hamilton, Harrell, Harris, Harvin, Haskins, Hawkins, Hayes, J. Hines, Hinson, Howard, Inabinett, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Mack, Martin, Mason, McCraw, M. McLeod, W. McLeod, McMahand, Meacham, Miller, Moody-Lawrence, Neal, Neilson, Ott, Parks, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Sandifer, Scott, Sharpe, Simrill, D. Smith, F. Smith, R. Smith, Stille, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Wilder, Wilkes, Witherspoon, Woodrum and Young-Brickell: A BILL TO AMEND TITLE 15, CHAPTER 3, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LIMITATIONS ON CIVIL ACTIONS, BY ADDING ARTICLE 2 SO AS TO ENACT THE YEAR 2000 COMMERCE PROTECTION ACT IN ORDER TO PROVIDE FOR THE RECOVERY OF A CLAIM FOR A PERSON WHO SUFFERS AN ECONOMIC LOSS AS A RESULT OF THE YEAR 2000 PROBLEM.
Ordered for consideration tomorrow.


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HOUSE RESOLUTION

The following was introduced:

H. 3954 (Word version) -- Rep. Wilkins: A HOUSE RESOLUTION CONGRATULATING RICHARD (NICK) S. FISHER, ESQUIRE, OF GREENVILLE COUNTY ON THE TWENTY-FIFTH ANNIVERSARY OF HIS DEDICATED ENDEAVORS WITH THE PARALEGAL DEPARTMENT OF GREENVILLE TECHNICAL COLLEGE, AND COMMENDING HIM FOR HIS OUTSTANDING WORK IN THE EDUCATION AND TRAINING OF PARALEGALS.
The Resolution was adopted.

CONCURRENT RESOLUTION

The following was introduced:

H. 3955 (Word version) -- Reps. Wilkins, Allen, Allison, Altman, Askins, Bailey, Bales, Barfield, Barrett, Battle, Beck, Bowers, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Campsen, Canty, Carnell, Cato, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Gamble, Gilham, Gourdine, Govan, Hamilton, Harrell, Harris, Harrison, Harvin, Haskins, Hawkins, Hayes, J. Hines, M. Hines, Hinson, Howard, Inabinett, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Maddox, Martin, Mason, McCraw, McGee, McKay, M. McLeod, W. McLeod, McMahand, Meacham, Miller, Moody-Lawrence, Neal, Neilson, Ott, Parks, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Rutherford, Sandifer, Scott, Seithel, Sharpe, Sheheen, Simrill, D. Smith, F. Smith, J. Smith, R. Smith, Stille, Stuart, Taylor, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Witherspoon, Woodrum and Young-Brickell: A CONCURRENT RESOLUTION EXPRESSING PROFOUND SORROW AT THE DEATH OF HOLLY SELF DRUMMOND, LEADING SOUTH CAROLINIAN, GREENWOOD COUNTY NATIVE, AND WIFE OF OUR BELOVED COLLEAGUE IN THE GENERAL ASSEMBLY, THE HONORABLE JOHN W. DRUMMOND, AND EXTENDING DEEPEST SYMPATHY TO SENATOR DRUMMOND AND ALL THE MEMBERS OF THE SELF AND DRUMMOND FAMILIES.


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Whereas, Holly Self Drummond, wife of our esteemed and beloved colleague in the General Assembly, The Honorable John W. Drummond of Greenwood County, died Saturday, April 17, 1999, at age seventy-seven; and

Whereas, Holly Drummond was a daughter of the distinguished Self family and was a leading South Carolinian; she was a native of Greenwood County, having been born in the Town of Ninety Six; she was a graduate of Ninety Six High School and a 1943 honor graduate of Winthrop College (now University), where she was chief marshal during her senior year; in 1970 she was honored by the Ninety Six Lions Club as the club's "Man of the Year"; she was a member of the South Carolina Palmetto Cabinet, the Greenwood Woman's Club, the Sasanqua Garden Club of Ninety Six, the Winthrop University Board of Visitors, the Piedmont Technical College Board of Visitors, and a "Friend of the Greenwood Genetic Center"; and

Whereas, Mrs. Drummond also was a member of First Baptist Church of Ninety Six, where she served as treasurer of the Winsome Sunday School Class, teacher in the children's department, member of the T.E.L. Sunday School, member of the building and grounds committee and of the church history committee, and former hostess and member of the pulpit committee; she was also a director of the Elmwood Cemetery Association; and

Whereas, she was the loving and beloved life-partner of John Drummond and his mainstay; she touched the lives of countless persons by her caring and devoted service to her family, her friends, her church, her community, and her State; she possessed a deep, abiding faith which sustained her throughout her life and was a role model for all who knew her; she was sweet and generous and was a great lady; she was a personal friend of many of the members of the General Assembly and was respected, admired, and loved across the Palmetto State; and

Whereas, Holly Drummond's death has shocked and deeply saddened her family and everyone else; she will be missed greatly; however, she lived life to the fullest and made her mark; now it is her great good fortune and reward to stand in the presence of her Creator and to share in the kingdom that has been prepared for all the faithful departed. Now, therefore,


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

That the members of the General Assembly of the State of South Carolina, by this resolution, express profound sorrow at the death of Holly Self Drummond, leading South Carolinian, Greenwood County native, and wife of our beloved colleague in the General Assembly, The Honorable John W. Drummond, and extend deepest sympathy to Senator Drummond and all the members of the Self and Drummond families.

Be it further resolved that a copy of this resolution be forwarded to The Honorable John W. Drummond.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 730 (Word version) -- Senators Leventis, Giese and Leatherman: A CONCURRENT RESOLUTION TO MEMORIALIZE THE PRESIDENT, THE CONGRESS, AND THE GOVERNMENT OF THE UNITED STATES TO MAINTAIN ITS COMMITMENT TO AMERICA'S MILITARY RETIREES BY PROVIDING LIFETIME HEALTH CARE FOR MILITARY RETIREES OVER THE AGE OF SIXTY-FIVE YEARS, TO PROVIDE AMERICA'S MILITARY RETIREES AND THEIR FAMILIES WITH THE HEALTH CARE THEY WERE PROMISED AND EARNED BY ENACTING COMPREHENSIVE LEGISLATION THAT AFFORDS MILITARY RETIREES ACCESS TO HEALTH CARE THROUGH MILITARY TREATMENT FACILITIES OR THE MILITARY'S NETWORK OF HEALTH CARE PROVIDERS, AND BY ENACTING LEGISLATION OPENING THE FEDERAL EMPLOYEES HEALTH BENEFIT PROGRAM TO UNIFORM SERVICES BENEFICIARIES ELIGIBLE FOR MEDICARE ON THE SAME BASIS AND CONDITIONS THAT APPLY TO FEDERAL CIVILIAN EMPLOYEES.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.


Printed Page 2130 . . . . . Wednesday, April 21, 1999

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 737 (Word version) -- Senator J. Verne Smith: A CONCURRENT RESOLUTION TO EXPRESS THE APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO THE PALMETTO STATE'S "FIRST LADY OF RACING" ON THE NASCAR CIRCUIT, MS. LOUISE SMITH OF GREENVILLE COUNTY, AND TO EXTEND THEIR SINCERE CONGRATULATIONS ON HER INDUCTION INTO THE INTERNATIONAL MOTORSPORTS HALL OF FAME ON APRIL 22, 1999.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 738 (Word version) -- Senator Land: A CONCURRENT RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA UPON LEARNING OF THE DEATH OF MRS. REBECCA JOHNSON RICHBURG OF CLARENDON COUNTY AND TO EXTEND THEIR DEEPEST SYMPATHY TO HER FAMILY AND MANY FRIENDS.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.

INTRODUCTION OF BILLS

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

H. 3956 (Word version) -- Judiciary Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE STATE LAW ENFORCEMENT DIVISION, RELATING TO THE STATE DNA DATABASE, DESIGNATED AS REGULATION DOCUMENT NUMBER 2316, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without Reference


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H. 3957 (Word version) -- Reps. Harrison and Cato: A BILL TO AMEND TITLE 15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CIVIL REMEDIES AND PROCEDURES, BY ADDING CHAPTER 79 SO AS TO ENACT THE "SOUTH CAROLINA STRUCTURED SETTLEMENT PROTECTION ACT", WHICH PROVIDES PROCEDURES TO REGULATE THE TRANSFER OF STRUCTURED SETTLEMENTS, INCLUDING PROVISIONS REQUIRING COURT APPROVAL IN ADVANCE FOR THE TRANSFER OF STRUCTURED SETTLEMENT PAYMENT RIGHTS, ESTABLISHING DISCLOSURE AND FILING REQUIREMENTS AND FINDINGS NEEDED FOR COURT APPROVAL OF TRANSFERS, AND ESTABLISHING THE JURISDICTION OF THE CIRCUIT COURTS FOR APPROVING TRANSFERS OF STRUCTURED SETTLEMENTS.
Referred to Committee on Judiciary

H. 3958 (Word version) -- Reps. Lee and Davenport: A BILL TO AMEND SECTION 1-30-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEPARTMENTS OF STATE GOVERNMENT, SO AS TO PROVIDE THAT THE GOVERNING AUTHORITY OF THE DEPARTMENT OF INSURANCE SHALL BE THE "COMMISSIONER OF INSURANCE" ELECTED TO OFFICE UNDER THE LAWS OF THIS STATE; TO AMEND SECTION 38-1-20, AS AMENDED, RELATING TO DEFINITIONS UNDER THE INSURANCE LAWS OF THIS STATE, SO AS TO DELETE THE DEFINITION OF "DIRECTOR" OF THE DEPARTMENT OF INSURANCE AND SUBSTITUTE THEREFOR "COMMISSIONER OF INSURANCE"; TO AMEND SECTION 38-3-10, AS AMENDED, RELATING TO THE DEPARTMENT OF INSURANCE, SO AS TO DELETE CERTAIN PROVISIONS RELATING TO THE DEPARTMENT'S DIRECTOR, PROVIDE THAT THE COMMISSIONER OF INSURANCE SHALL BE ELECTED RATHER THAN APPOINTED, AND MAKE CHANGES IN THE PROVISIONS CONCERNING THE REMOVAL OF THE COMMISSIONER; TO AMEND SECTION 38-3-100, AS AMENDED, RELATING TO THE DIRECTOR OF THE DEPARTMENT OF INSURANCE, SO AS TO, AMONG OTHER CHANGES, SUBSTITUTE "COMMISSIONER OF INSURANCE" FOR "DIRECTOR OF THE DEPARTMENT OF INSURANCE" AND DELETE THE REQUIREMENT THAT, IF THE COMMISSIONER BECOMES A CANDIDATE FOR PUBLIC


Printed Page 2132 . . . . . Wednesday, April 21, 1999

OFFICE OR BECOMES A MEMBER OF A POLITICAL COMMITTEE DURING TENURE, HIS OFFICE MUST BE IMMEDIATELY VACATED; TO AMEND THE 1976 CODE BY ADDING SECTION 38-3-102 SO AS TO PROVIDE THAT THE COMMISSIONER OF INSURANCE MUST BE ELECTED TO OFFICE BY THE QUALIFIED ELECTORS OF THE STATE IN THE GENERAL ELECTION AND PROVIDE FOR THE COMMISSIONER'S TERM OF OFFICE, QUALIFICATIONS, VACANCIES, AND RELATED MATTERS; AND TO PROVIDE THAT THE ELECTION OF THE COMMISSIONER OF INSURANCE BEGINS WITH THE 2002 STATEWIDE ELECTION PROCESS AND THAT THE DIRECTOR SERVING ON THE EFFECTIVE DATE OF THIS ACT SHALL CONTINUE TO SERVE UNTIL HIS SUCCESSOR IS ELECTED AND QUALIFIES FOR OFFICE AS COMMISSIONER OF INSURANCE; TO PROVIDE THAT EVERY REFERENCE TO "DIRECTOR OF THE DEPARTMENT OF INSURANCE" IN THE 1976 CODE SHALL BE DEEMED TO MEAN "COMMISSIONER OF INSURANCE"; AND TO AUTHORIZE AND DIRECT THE CODE COMMISSIONER TO CHANGE CERTAIN REFERENCES.
Referred to Committee on Judiciary

H. 3960 (Word version) -- Reps. Barfield, Rhoad and Witherspoon: A BILL TO AMEND SECTION 50-13-1187, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BAIT THAT MAY BE USED WITH TROTLINES, SET HOOKS, AND JUGS, SO AS TO PROVIDE THAT LIVE NONGAME FISH AND BREAM MAY BE USED WITH SINGLE-BARBED SET HOOKS, INCLUDING ON TROTLINES HAVING NOT MORE THAN TWENTY HOOKS, THAT HAVE A SHANK-TO-POINT GAP OF ONE AND THREE-SIXTEENTHS INCHES OR GREATER.
On motion of Rep. BARFIELD, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

S. 733 (Word version) -- Senators Bauer, Wilson and Courson: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY MISSED ON FEBRUARY 24, 1999, BY THE STUDENTS OF SCHOOL DISTRICT FIVE OF RICHLAND AND LEXINGTON COUNTIES FOR SCHOOL YEAR 1998-99 WHEN THE SCHOOLS WERE CLOSED DUE TO ICE AND WEATHER CONDITIONS ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE


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DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
On motion of Rep. GAMBLE, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.

CONCURRENT RESOLUTION

The following was introduced:

H. 3959 (Word version) -- Rep. Cobb-Hunter: A CONCURRENT RESOLUTION TO CONGRATULATE THE BULLDOGS OF HOLLY HILL-ROBERTS HIGH SCHOOL IN ORANGEBURG COUNTY ON WINNING THE STATE 1999 CLASS AAA BOYS BASKETBALL CHAMPIONSHIP.
The Concurrent Resolution was agreed to and ordered sent to the Senate.

CONCURRENT RESOLUTION

The following was introduced:

H. 3961 (Word version) -- Rep. Emory: A CONCURRENT RESOLUTION RECOGNIZING AND SALUTING THE BROTHERHOOD ORGANIZATION OF FIRST WASHINGTON BAPTIST CHURCH OF LANCASTER FOR ITS "1999 MEN'S DAY OBSERVANCE" SCHEDULED FOR SUNDAY, APRIL 25, 1999.
The Concurrent Resolution was agreed to and ordered sent to the Senate.

ROLL CALL

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

Allison                Altman                 Askins
Bailey                 Bales                  Barfield
Barrett                Battle                 Beck
Bowers                 Breeland               Brown J.
Campsen                Carnell                Cato
Chellis                Clyburn                Cobb-Hunter
Cooper                 Dantzler               Delleney
Easterday              Edge                   Emory
Fleming                Gamble                 Gilham
Gourdine               Govan                  Hamilton
Harrell                Harris                 Harrison

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Harvin                 Haskins                Hawkins
Hayes                  Hines J.               Hines M.
Hinson                 Howard                 Jennings
Keegan                 Kelley                 Kirsh
Klauber                Knotts                 Koon
Leach                  Lee                    Limehouse
Littlejohn             Lloyd                  Loftis
Lourie                 Lucas                  Mack
Maddox                 Mason                  McCraw
McGee                  McLeod M.              McLeod W.
McMahand               Meacham                Moody-Lawrence
Neilson                Ott                    Parks
Phillips               Rhoad                  Rice
Riser                  Robinson               Rodgers
Sandifer               Scott                  Seithel
Sharpe                 Sheheen                Simrill
Smith D.               Smith F.               Smith J.
Smith R.               Stille                 Taylor
Townsend               Tripp                  Trotter
Vaughn                 Walker                 Webb
Whatley                Wilder                 Wilkins
Witherspoon            Woodrum                Young-Brickell

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Wednesday, April 21.

Donald Allen                      Bill Cotty
Grady Brown                       Kenneth Kennedy
Steve Lanford                     James Law
Becky Martin                      Vida Miller
Joseph Neal                       Clementa Pinckney
Richard Quinn                     Todd Rutherford
Jackson Whipper                   Timothy Wilkes
Henry Brown

Total Present--114

STATEMENT OF ATTENDANCE

Rep. CAMPSEN signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Tuesday, April 20.


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LEAVE OF ABSENCE

The SPEAKER granted Rep. CANTY a leave of absence to attend a Congress of National Black Churches board meeting in Heardon, Virginia.

LEAVE OF ABSENCE

The SPEAKER granted Rep. H. BROWN a temporary leave of absence due to illness.

LEAVE OF ABSENCE

The SPEAKER granted Rep. STUART a leave of absence due to the death of her husband.

SPECIAL PRESENTATION

Rep. ALLISON presented to the House a group of cadets representing the James F. Byrnes High School Air Force Junior ROTC unit and its instructors for the many honors and awards received.

DOCTOR OF THE DAY

Announcement was made that Dr. Tommy Gibbons of Lexington is the Doctor of the Day for the General Assembly.

CO-SPONSOR ADDED

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


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CO-SPONSOR ADDED

Bill Number:   H. 3726 (Word version)
Date:   ADD:
04/21/99   BECK

SENT TO THE SENATE

The following Bills and Joint Resolutions were taken up, read the third time, and ordered sent to the Senate:

H. 3939 (Word version) -- Reps. D. Smith and Littlejohn: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAYS MISSED ON AUGUST 20 AND 21, 1998, BY THE STUDENTS OF CANNONS ELEMENTARY SCHOOL IN SPARTANBURG SCHOOL DISTRICT THREE FOR SCHOOL YEAR 1998-99 WHEN THE SCHOOL WAS CLOSED DUE TO CONSTRUCTION DEFICIENCIES IN A NEW FACILITY ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.

H. 3798 (Word version) -- Reps. Bailey, Barfield, Allen, Allison, Altman, Askins, Bales, Battle, Beck, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Campsen, Canty, Carnell, Cato, Clyburn, Cobb-Hunter, Cotty, Dantzler, Davenport, Delleney, Edge, Emory, Gamble, Gourdine, Gilham, Hamilton, Harris, Harrell, Harrison, Harvin, Haskins, Hawkins, Hayes, J. Hines, Hinson, Howard, Inabinett, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Maddox, Martin, Mason, McCraw, McGee, M. McLeod, W. McLeod, McMahand, Meacham, Miller, Moody-Lawrence, Neal, Neilson, Ott, Parks, Phillips, Pinckney, Rhoad, Rice, Riser, Robinson, Rodgers, Rutherford, Sandifer, Scott, Sharpe, Sheheen, Simrill, J. Smith, F. Smith, R. Smith, Stille, Taylor, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkins, Witherspoon, Woodrum and Young-Brickell: A BILL TO AMEND SECTION 40-11-260, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FINANCIAL STATEMENT REQUIREMENTS FOR GENERAL AND MECHANICAL CONTRACTORS' LICENSURE, SO AS TO PROVIDE THAT ON RENEWAL A GENERAL CONTRACTOR BIDDING AND PERFORMING ON JOBS NOT EXCEEDING A SPECIFIED


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AMOUNT MAY SUBMIT AN OWNER-PREPARED FINANCIAL STATEMENT WITH AN AFFIDAVIT OF ACCURACY INDICATING A CERTAIN REQUIRED NET WORTH, RATHER THAN REQUIRING A CERTIFIED PUBLIC ACCOUNTANT TO PREPARE THE FINANCIAL STATEMENT.

H. 3716 (Word version) -- Rep. Bailey: A BILL TO AMEND SECTION 23-43-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROMULGATION OF REGULATIONS BY THE SOUTH CAROLINA BUILDING CODES COUNCIL, SO AS TO REVISE A REFERENCE TO CERTAIN BUILDING CODES AND STANDARDS THAT MUST BE INCORPORATED INTO THE REGULATIONS; TO AMEND SECTION 23-43-60, AS AMENDED, RELATING TO ESTABLISHMENTS AND AUTHORITY OF THE MODULAR BUILDINGS BOARD OF APPEALS, SO AS TO ELIMINATE THIS BOARD AND TRANSFER ITS AUTHORITY TO THE SOUTH CAROLINA BUILDING CODES COUNCIL; TO AMEND SECTION 23-43-110, AS AMENDED, RELATING TO THE SUSPENSION AND REVOCATION OF MODULAR BUILDING CERTIFICATIONS, SO AS TO PROVIDE THAT APPEALS MUST BE MADE TO THE BUILDING CODES COUNCIL; TO AMEND SECTION 23-43-120, AS AMENDED, RELATING TO VARIANCE ORDERS, SO AS TO REPLACE REFERENCES TO THE MODULAR BUILDINGS BOARD OF APPEALS WITH REFERENCES TO THE BUILDING CODES COUNCIL; TO AMEND SECTION 23-43-130 RELATING TO LOCAL ENFORCEMENT OF THE PROVISIONS OF CHAPTER 43, TITLE 23, BY LOCAL BUILDING OFFICIALS, SO AS TO DELETE A PROVISION DESIGNATING ALTERNATIVE SOURCES FOR ENFORCEMENT IN LOCALITIES WITH NO BUILDING OFFICIAL; TO AMEND SECTION 23-43-150, AS AMENDED, RELATING TO LICENSING SELLERS OF MODULAR BUILDING UNITS, SO AS TO MAKE LICENSURE BIENNIAL, AND TO DELETE PROVISIONS RELATING TO FEES BEING ESTABLISHED BY THE BUILDING CODES COUNCIL AND TO THE ADDRESS TO WHICH THE LICENSE MUST BE SENT; AND TO REPEAL SECTION 23-43-140 RELATING TO EXAMINATIONS BY THE BUILDING CODES COUNCIL OF MODULAR BUILDINGS UPON COMPLAINT RELATING TO VIOLATIONS OF REGULATIONS.


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H. 3715 (Word version) -- Rep. Bailey: A BILL TO AMEND SECTION 6-8-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ISSUANCE OF CERTIFICATES OF REGISTRATION FOR BUILDING CODE ENFORCEMENT OFFICERS, SO AS TO PROVIDE THAT THESE CERTIFICATES ARE VALID FOR THE PERIOD STIPULATED BY REGULATION RATHER THAN FOR ONE YEAR; TO AMEND SECTIONS 6-9-50 AND 6-9-60, BOTH AS AMENDED, BOTH RELATING TO MANDATORY ADOPTION OF CERTAIN NATIONALLY KNOWN CODES AND STANDARDS, SO AS TO REVISE WHICH CODES AND STANDARDS MUST BE ADOPTED AND TO DELETE A PROVISION RELATING TO CERTAIN CODES TAKING PRECEDENCE OVER OTHER CODES; AND TO AMEND SECTION 38-7-35, RELATING TO FUNDING OF TRAINING AND EDUCATION PROGRAMS FOR BUILDING CODE ENFORCEMENT OFFICERS, SO AS TO REQUIRE THE DEPARTMENT OF LABOR, LICENSING AND REGULATION TO REPORT ON THE USE OF SUCH FUNDS EVERY JULY FIFTEENTH RATHER THAN JANUARY FIFTEENTH.

H. 3591 (Word version) -- Reps. Koon, R. Smith, Sharpe and Riser: A JOINT RESOLUTION TO PROVIDE FOR A THREE-YEAR PILOT PROGRAM IN ALL GAME ZONES OF THE STATE TO SHORTEN THE HUNTING SEASON FOR RACCOONS TO A PERIOD FROM THANKSGIVING DAY THROUGH MARCH 1; TO ALLOW HUNTING WITH DOGS ONLY FOR THE REMAINDER OF THE YEAR; AND TO IMPOSE A MINIMUM FINE OF FIVE HUNDRED DOLLARS FOR A PERSON VIOLATING THESE PROVISIONS, WITH EIGHTY PERCENT OF THE FINE RETAINED BY THE DEPARTMENT OF NATURAL RESOURCES AND USED FOR LAW ENFORCEMENT AND TWENTY PERCENT OF THE FINE FORWARDED TO THE APPROPRIATE GAME FUND IN THE COUNTY IN WHICH THE VIOLATION OCCURRED.

H. 3465 (Word version) -- Reps. Easterday, Wilder, Stuart, Rice, Gilham, Hayes, Simrill, Harrison, Rodgers, Barrett, R. Smith, Vaughn, Loftis, Beck, Robinson, McGee and Sandifer: A BILL TO AMEND SECTION 20-1-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MINIMUM AGE FOR A VALID MARRIAGE, SO AS TO PROVIDE THAT THE MINIMUM AGE FOR MALES


Printed Page 2139 . . . . . Wednesday, April 21, 1999

AND FEMALES SHALL BE THE SAME, AND TO PROVIDE THAT THE AGE SHALL BE SIXTEEN.

H. 3111 (Word version) -- Reps. Littlejohn and Rhoad: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-1-699 SO AS TO DESIGNATE THE SPOTTED SALAMANDER, AMBYSTOMA MACULATUM, AS THE OFFICIAL STATE AMPHIBIAN.

RETURNED TO THE SENATE WITH AMENDMENT

The following Bill was taken up, read the third time, and ordered returned to the Senate with amendments:

S. 27 (Word version) -- Senator Leventis: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 47-1-210 SO AS TO MAKE IT UNLAWFUL TO GIVE AWAY A LIVE ANIMAL AS A PRIZE FOR, OR AS AN INDUCEMENT TO ENTER, ANY CONTEST, GAME, OR OTHER COMPETITION, OR AS AN INDUCEMENT TO ENTER A PLACE OF AMUSEMENT, OR AS AN INCENTIVE TO ENTER INTO ANY BUSINESS AGREEMENT IF THE OFFER MADE WAS FOR THE PURPOSE OF ATTRACTING TRADE, AND PROVIDE FOR PENALTIES, EXCEPTIONS, AND RELATED MATTERS.

H. 3131 -- DEBATE ADJOURNED

Rep. TOWNSEND moved to adjourn debate upon the following Bill:

H. 3131 (Word version) -- Reps. Cobb-Hunter and Moody-Lawrence: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 105 TO TITLE 59 SO AS TO ENACT THE "SOUTH CAROLINA CAMPUS SEXUAL ASSAULT INFORMATION ACT" WHICH REQUIRES INSTITUTIONS OF HIGHER LEARNING TO DEVELOP, PUBLISH, AND IMPLEMENT POLICIES AND PRACTICES TO PROMOTE PREVENTION, AWARENESS, AND REMEDIES FOR CAMPUS SEXUAL ASSAULT.


Printed Page 2140 . . . . . Wednesday, April 21, 1999

ORDERED TO THIRD READING

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

S. 629 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO EDUCATION PROGRAMS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2388, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. WALKER explained the Joint Resolution.

S. 630 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO ACCEPTABLE CREDITS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2387, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. WALKER explained the Joint Resolution.

H. 3945 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSION ON HIGHER EDUCATION, RELATING TO SOUTH CAROLINA ACADEMIC ENDOWMENT INCENTIVE ACT OF 1997, SOUTH CAROLINA HIGHER EDUCATION MATCHING GIFT FUND, DESIGNATED AS REGULATION DOCUMENT NUMBER 2361, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. TOWNSEND explained the Joint Resolution.

S. 628 -- REQUESTS FOR DEBATE

The following Joint Resolution was taken up:

S. 628 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO REQUIREMENTS FOR LICENSURE, DESIGNATED AS REGULATION DOCUMENT NUMBER 2386, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. WALKER explained the Joint Resolution.


Printed Page 2141 . . . . . Wednesday, April 21, 1999

Reps. HAWKINS, KLAUBER, SIMRILL, LOFTIS and T. BROWN requested debate on the Joint Resolution.

H. 3620 -- REQUESTS FOR DEBATE AND OBJECTIONS

The following Bill was taken up:

H. 3620 (Word version) -- Reps. J. Smith, Allen, Bailey, Bales, Battle, Bowers, Breeland, J. Brown, T. Brown, Carnell, Cobb-Hunter, Emory, Gourdine, Harris, Hayes, M. Hines, Howard, Inabinett, Jennings, Kennedy, Lee, Lourie, Mack, Maddox, McCraw, M. McLeod, W. McLeod, McMahand, Miller, Moody-Lawrence, Neal, Neilson, Ott, Phillips, Pinckney, Rhoad, Sheheen, Whipper, Wilder, Wilkes, Scott, Lloyd and J. Hines: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING CHAPTER 152 SO AS TO ENACT THE "SOUTH CAROLINA FIRST STEPS TO SCHOOL READINESS ACT" WHICH INCLUDES PROVISIONS FOR EXPANDED PARENTAL AND MATERNITY CARE, ADDITIONAL NUTRITION AND HEALTH CARE FOR CHILDREN, AND INCENTIVES FOR APPROPRIATE PRESCHOOL PROGRAMS; TO AMEND ARTICLE 17, CHAPTER 7, TITLE 20 OF THE 1976 CODE, RELATING TO THE CHILDREN'S TRUST FUND OF SOUTH CAROLINA, SO AS TO CHANGE THE NAME OF THE FUND TO CHILDREN'S FIRST STEPS TRUST FUND, PROVIDE THAT IT SHALL OVERSEE THE FIRST STEPS TO SCHOOL READINESS ACT, AND FURTHER PROVIDE FOR ITS GOVERNING BOARD, FUNCTIONS, DUTIES, AND FUNDING; TO ADD SECTIONS 43-1-240, 43-3-120, AND 44-1-280 SO AS TO PROVIDE THAT THE DEPARTMENT OF SOCIAL SERVICES, AND EACH COUNTY BOARD AND OFFICE OF SOCIAL SERVICES, AND THE BOARD AND DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, IN ESTABLISHING PRIORITIES AND FUNDING FOR PROGRAMS AND SERVICES WHICH IMPACT ON CHILDREN AND FAMILIES DURING THE FIRST YEARS OF A CHILD'S LIFE MUST SUPPORT THE FIRST STEPS TO SCHOOL READINESS ACT AT THE STATE AND LOCAL LEVELS; TO STATE THE INTENT OF THE GENERAL ASSEMBLY THAT STATE AGENCIES SUPPORT THE FIRST STEPS TO SCHOOL READINESS ACT; TO REQUIRE THE CODE COMMISSIONER TO REVISE REFERENCES IN THE SOUTH CAROLINA CODE TO


Printed Page 2142 . . . . . Wednesday, April 21, 1999

CONFORM TO THIS ACT, AS FEASIBLE; AND TO PROVIDE THAT THE TERMS OF BOARD MEMBERS OF THE CHILDREN'S TRUST FUND OF SOUTH CAROLINA EXPIRE ON THIS ACT'S EFFECTIVE DATE.

Reps. TOWNSEND, WALKER, WOODRUM, MARTIN, HAMILTON, MOODY-LAWRENCE, WEBB, FLEMING, VAUGHN, LEACH, LOFTIS, MCMAHAND, LOURIE, J. SMITH, BARRETT, J. HINES, F. SMITH, MASON SHARPE, RICE, RODGERS, R. SMITH, LUCAS, LITTLEJOHN, COTTY and OTT requested debate on the Bill.

Reps. HASKINS and EASTERDAY objected to the Bill.

H. 3946 -- POINT OF ORDER

The following Joint Resolution was taken up:

H. 3946 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSION ON HIGHER EDUCATION, RELATING TO LEGISLATIVE INCENTIVES FOR FUTURE EXCELLENCE (LIFE) SCHOLARSHIPS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2360, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. TOWNSEND explained the Joint Resolution.

POINT OF ORDER

Rep. TOWNSEND made the Point of Order that the Joint Resolution was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.

H. 3912 -- RECALLED FROM COMMITTEE ON AGRICULTURE, NATURAL RESOURCES AND ENVIRONMENTAL AFFAIRS

On motion of Rep. GILHAM, with unanimous consent, the following Bill was ordered recalled from the Committee on Agriculture, Natural Resources and Environmental Affairs:


Printed Page 2143 . . . . . Wednesday, April 21, 1999

H. 3912 (Word version) -- Reps. Gilham, Lloyd and Rodgers: A BILL TO AMEND SECTION 50-21-136, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NO WAKE ZONES ON CERTAIN CREEKS AND COVES ON HILTON HEAD ISLAND AND ON THE NEW RIVER IN BEAUFORT COUNTY, SO AS TO CORRECT A DIRECTIONAL REFERENCE.

OBJECTION TO RECALL

Rep. LIMEHOUSE asked unanimous consent to recall H. 3883 (Word version) from the Committee on Agriculture, Natural Resources and Environmental Affairs.
Rep. KIRSH objected.

RECURRENCE TO THE MORNING HOUR

Rep. FLEMING moved that the House recur to the morning hour, which was agreed to.

REPORTS OF STANDING COMMITTEE

Rep. J. BROWN, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report with amendments on:

H. 3235 (Word version) -- Reps. J. Brown, R. Smith, Gilham and Lourie: A BILL TO AMEND TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HEALTH, SO AS TO ENACT THE SOUTH CAROLINA AUTOMATED EXTERNAL DEFIBRILLATOR ACT BY ADDING SECTIONS 44-61-160 AND 44-61-170, WHICH REQUIRE CERTAIN TRAINING FOR DESIGNATED USERS OF A DEFIBRILLATOR, NOTIFICATION OF POSSESSION OF A DEFIBRILLATOR WITH THE EMERGENCY MEDICAL SERVICES SYSTEM, AND ACTIVATION OF THE EMERGENCY MEDICAL SERVICES SYSTEM IN AN EMERGENCY SITUATION WHERE A DEFIBRILLATOR IS USED, AND WHICH PROVIDE IMMUNITY TO THOSE ACTING IN GOOD FAITH AND IN ACCORDANCE WITH THIS ACT; AND TO AMEND SECTION 44-61-20, AS AMENDED, RELATING TO DEFINITIONS PERTAINING TO EMERGENCY MEDICAL SERVICES, SO AS TO DEFINE "AUTOMATED EXTERNAL DEFIBRILLATOR" AND "AED".
Ordered for consideration tomorrow.


Printed Page 2144 . . . . . Wednesday, April 21, 1999

Rep. J. BROWN, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report with amendments on:

H. 3498 (Word version) -- Reps. Lourie, J. Smith, Campsen, Lee, Davenport, Taylor, Kirsh, Leach, Loftis, Maddox, Allen, Klauber, W. McLeod, Breeland, Pinckney, J. Brown, Wilder, Parks, Hawkins, Rutherford, Lucas, Neilson, McMahand, Harrison, Quinn, Mack, Phillips, McCraw, F. Smith, Cato, Battle, R. Smith, Moody-Lawrence, Simrill, Robinson, Hamilton, Easterday, Rice, Delleney, Bales, Bowers, Rhoad, Wilkes, M. McLeod, Knotts, McGee, Canty, Townsend, Stille, Rodgers, Gourdine, Hinson, Riser, Bailey, Jennings, Harris, Neal, Hayes, Barfield, Scott, Sandifer, Howard and Seithel: A BILL TO AMEND TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 117 SO AS TO ENACT THE "PRESCRIPTION INFORMATION PRIVACY ACT" WHICH PROHIBITS PATIENT PRESCRIPTION DRUG INFORMATION FROM BEING TRANSFERRED WITHOUT THE WRITTEN CONSENT OF THE PATIENT, AND TO PROVIDE EXCEPTIONS AND PENALTIES.
Ordered for consideration tomorrow.

Rep. J. BROWN, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report on:

H. 3705 (Word version) -- Reps. Breeland, Bailey, G. Brown, J. Brown, T. Brown, Chellis, Clyburn, Dantzler, Gourdine, Govan, Harrison, Hayes, J. Hines, M. Hines, Hinson, Inabinett, Jennings, Law, Lloyd, McGee, Miller, Moody-Lawrence, Neilson, F. Smith, R. Smith, Whipper and Young-Brickell: A BILL TO AMEND SECTION 25-11-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COUNTY VETERANS AFFAIRS OFFICERS, SO AS TO PROVIDE A DEFINITION OF "VETERAN", REQUIRE THE APPOINTMENT OF A VETERAN TO THE POST OF COUNTY VETERANS AFFAIRS OFFICER, PROVIDE EXCEPTIONS, CHANGE PROVISIONS REGARDING THE TERM OF OFFICE, AND PROVIDE FOR A TRAINING COURSE, ACCREDITATION, AND REFRESHER TRAINING.
Ordered for consideration tomorrow.


Printed Page 2145 . . . . . Wednesday, April 21, 1999

Rep. J. BROWN, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report on:

S. 240 (Word version) -- Senators McConnell and Passailaigue: A BILL TO AMEND ACT 722 OF 1976, RELATING TO THE WASHINGTON LIGHT INFANTRY AND SUMTER GUARDS BOARD OF OFFICERS, SO AS TO INCREASE THE MEMBERSHIP OF THE BOARD FROM FIVE TO SEVEN MEMBERS AND TO CHANGE THE MANNER IN WHICH THE MEMBERS OF THE BOARD ARE APPOINTED.
Ordered for consideration tomorrow.

Rep. J. BROWN, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report on:

S. 252 (Word version) -- Senator Giese: A CONCURRENT RESOLUTION TO REQUEST THE COMMISSIONER OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO STUDY THE EFFECT OF OBESITY IN BOTH ADULTS AND CHILDREN ON COSTLY HEALTH COMPLICATIONS SUCH AS DIABETES, HYPERTENSION, HEART DISEASE, AND STROKES AND OTHER HEALTH COMPLICATIONS IN CHILDREN, TO MAKE RECOMMENDATIONS FOR IMPROVEMENT IN AWARENESS OF THE PROBLEM OF OBESITY AND SUGGESTED TREATMENT MODALITIES, AND TO REPORT THE FINDINGS OF THIS STUDY AND RECOMMENDATIONS TO THE GENERAL ASSEMBLY BEFORE THE CONVENING OF THE 2000 REGULAR SESSION.
Ordered for consideration tomorrow.

CONCURRENT RESOLUTION

The following was introduced:

H. 3962 (Word version) -- Reps. Koon, Riser, Gamble, Knotts, Allen, Allison, Altman, Askins, Bailey, Bales, Barfield, Barrett, Battle, Beck, Bowers, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Campsen, Canty, Carnell, Cato, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Gilham, Gourdine, Govan, Hamilton, Harrell, Harris, Harrison, Harvin, Haskins, Hawkins, Hayes, J. Hines, M. Hines, Hinson, Howard, Inabinett, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber,


Printed Page 2146 . . . . . Wednesday, April 21, 1999

Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Maddox, Martin, Mason, McCraw, McGee, McKay, M. McLeod, W. McLeod, McMahand, Meacham, Miller, Moody-Lawrence, Neal, Neilson, Ott, Parks, Phillips, Pinckney, Quinn, Rhoad, Rice, Robinson, Rodgers, Rutherford, Sandifer, Scott, Seithel, Sharpe, Sheheen, Simrill, D. Smith, F. Smith, J. Smith, R. Smith, Stille, Taylor, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum and Young-Brickell: A CONCURRENT RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY UPON THE DEATH OF COLONEL CLARENCE E. STUART OF PELION AND TO EXTEND DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

Whereas, the members of the General Assembly were deeply saddened to learn of the death of retired Colonel Clarence Stuart of Pelion, the husband of state Representative Elsie Rast Stuart, who died April 10, 1999, at the Lexington County Medical Center; and

Whereas, Colonel Stuart was born February 23, 1915, on a farm near Midland, Michigan. He graduated from Michigan State University in 1939. After teaching vocational agriculture at Almeda, Michigan, he was commissioned as a first lieutenant in the United States Army in 1941. He served on the staff of General George Patton, sailing to North Africa in 1942, and participating in the allied amphibious landings in North Africa, Sicily, Italy, and France; and

Whereas, following World War II, Colonel Stuart continued a distinguished career spanning thirty years of service in the United States Army, including tours of duty at the Pentagon, Fort Sam Houston, Fort Hood, and Fort Sill. Following the outbreak of the Korean War, he rendered distinguished service in combat as commander of the 555th Field Artillery Battalion, known as "Triple Nickel", then supporting the Fifth Regimental Combat Team. Taking command of the badly battered battalion in August 1950, Colonel Stuart led his men in some of the fiercest fighting of the war. When the Fifth Regimental Combat Team was surrounded, Colonel Stuart's battalion was overrun by the enemy. He barely escaped capture but was successful in discovering an alternate route of escape and in leading his unit out of an ambush. For his heroic conduct, Colonel Stuart was awarded the Silver Star for bravery; and


Printed Page 2147 . . . . . Wednesday, April 21, 1999

Whereas, in addition to the Silver Star, Colonel Stuart's other commendations include the Bronze Star, Legion of Merit (Second Oak Leaf Cluster), Korean Service Medal, United Nations Service Medal, National Defense Service Medal, World War II Victory Medal, Army Commendation Medal, and the Joint Service Commendation Medal; and

Whereas, following the Korean War, he served at the Pentagon, graduated from the Armed Forces Staff College, and served at SHAPE Headquarters in Fountainebleau, France. In 1958, he attended the Army War College in Carlisle, Pennsylvania. After tours of duty at the Pentagon, Fort Hood, and Hawaii, he completed his Army career at Fortress Monroe in Hampton, Virginia; and

Whereas, following his thirty-year military career, Colonel Stuart received a master's in landscape architecture at the University of Massachusetts and spent his last twenty-five years in Columbia and Pelion. After his military retirement, he taught Sunday school, was a member of Pelion Ruritan Club, Pelion Community Club, Lexington County Water and Sewer Commission, Pelion Planning Commission, and delivered Meals on Wheels. He was a member of the Military Order of World Wars and a life member of both the American Legion and Veterans of Foreign Wars; and

Whereas, Colonel Stuart's first wife and mother of his five children, Elizabeth Freeland Stuart, died in 1975. In 1977, he married Elsie Sutherland Rast Stuart. Surviving, in addition to his wife, are his children, Judith Hohman and her husband, David, of Alexandria, Virginia; C. Paul Stuart of San Antonio, Texas; David M. Stuart; Kathleen Whitaker of Columbia, South Carolina; Wayne C. Stuart of Bethlehem, Pennsylvania; a sister Alice Dinsmoore of Midland, Michigan; stepsons James Carlisle Rast; William Fort Rast; twelve grandchildren; five great-grandchildren; one step-grandson; and

Whereas, the members of the General Assembly, by this resolution, hereby express their deepest sympathy to his widow, his children, family and friends upon the death of this truly fine soldier, patriot, citizen, and gentleman. Now, therefore,

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


Printed Page 2148 . . . . . Wednesday, April 21, 1999

That the members of the South Carolina General Assembly hereby express their deepest sympathy to the family of Colonel Clarence E. Stuart of Pelion, who died on April 10, 1999.

Be it further resolved that a copy of this resolution be forwarded to his widow, Mrs. Elsie Sutherland Rast Stuart, of Pelion.

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

INTRODUCTION OF BILLS

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

H. 3963 (Word version) -- Rep. Quinn: A BILL TO AMEND SECTION 12-43-217, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SCHEDULE OF COUNTYWIDE REASSESSMENT AND EQUALIZATION PROGRAM, SO AS TO PROVIDE FOR A DELAY IN THE IMPLEMENTATION OF THE REVISED VALUES RESULTING FROM SUCH A PROGRAM IN JURISDICTIONS WHICH CROSS COUNTY LINES EXCEPT WHERE ALL COUNTIES IN WHICH THE JURISDICTIONS LOCATED SIMULTANEOUSLY IMPLEMENT SUCH A PROGRAM.
Referred to Committee on Ways and Means

H. 3964 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO USE AND DISSEMINATION OF TEST RESULTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2368, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without Reference

H. 3965 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO BASIC SKILLS ASSESSMENT PROGRAM, MINIMUM STANDARDS OF STUDENT ACHIEVEMENT FOR GRADES 1, 2, 3, 6, AND 8 (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 2370,


Printed Page 2149 . . . . . Wednesday, April 21, 1999

PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without Reference

H. 3966 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO BASIC SKILLS ASSESSMENT PROGRAM, MINIMUM STANDARDS OF STUDENT ACHIEVEMENT FOR READING AND MATHEMATICS IN GRADES 11 (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 2371, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without Reference

H. 3967 (Word version) -- Reps. J. Smith, Haskins, Barrett, Bowers, T. Brown, Cato, Clyburn, Emory, Gourdine, J. Hines, Law, Leach, Lloyd, Loftis, Lourie, Mack, McCraw, McMahand, Moody-Lawrence, Ott, Phillips, Robinson, Sandifer, D. Smith, Tripp, Whatley and Wilder: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-17-475 SO AS TO CREATE THE FELONY OFFENSE OF VOYEURISM BY PROHIBITING A PERSON FROM PHOTOGRAPHING, VIDEOTAPING, OR FILMING ANOTHER PERSON, WITHOUT CONSENT, IN A PLACE WHERE THE PERSON HAS A REASONABLE EXPECTATION OF PRIVACY; AND TO PROVIDE PENALTIES AND EXCEPTIONS.
Referred to Committee on Judiciary

H. 3131--REQUESTS FOR DEBATE

The following Bill was taken up:

H. 3131 (Word version) -- Reps. Cobb-Hunter and Moody-Lawrence: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 105 TO TITLE 59 SO AS TO ENACT THE "SOUTH CAROLINA CAMPUS SEXUAL ASSAULT INFORMATION ACT" WHICH REQUIRES INSTITUTIONS OF HIGHER LEARNING TO DEVELOP, PUBLISH, AND IMPLEMENT POLICIES AND PRACTICES TO PROMOTE PREVENTION, AWARENESS, AND REMEDIES FOR CAMPUS SEXUAL ASSAULT.
Rep. STILLE explained the Bill.


Printed Page 2150 . . . . . Wednesday, April 21, 1999

POINT OF ORDER

Rep. ROBINSON raised a Point of Order that in accordance with Rule 5.13 the Bill required an attached fiscal impact statement.

Rep. COBB-HUNTER argued contra.

SPEAKER WILKINS stated that if the committee chairman did not see the need to require a fiscal impact statement for the Bill, one would not be required to be attached to it and he therefore overruled the Point of Order.

Rep. STILLE continued speaking.
Rep. COBB-HUNTER spoke in favor of the Bill.

Reps. ROBINSON, LOFTIS, FLEMING, MOODY-LAWRENCE, SHEHEEN, T. BROWN, BECK, MCMAHAND, LEACH, WHIPPER, CAMPSEN, TRIPP and SCOTT requested debate on the Bill.

CONCURRENT RESOLUTION

The following Concurrent Resolution was taken up:

H. 3386 (Word version) -- Reps. Wilder, Carnell and Taylor: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE PORTION OF SOUTH CAROLINA HIGHWAY 66 IN LAURENS COUNTY FROM ITS INTERSECTION WITH UNITED STATES HIGHWAY 76 CONTINUING TO THE INDIAN CREEK BRIDGE THE WALLACE S. BATES HIGHWAY AND INSTALL APPROPRIATE MARKERS OR SIGNS ALONG THE HIGHWAY CONTAINING THE WORDS "WALLACE S. BATES HIGHWAY".
The Concurrent Resolution was adopted and sent to the Senate.

CONCURRENT RESOLUTION

The following Concurrent Resolution was taken up:

H. 3324 (Word version) -- Rep. Harris: A CONCURRENT RESOLUTION REQUESTING THE SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION TO DESIGNATE THE BRIDGE ON S.C. 52 NORTH OF CHERAW IN CHESTERFIELD COUNTY AS THE "GILBERT 'GIL' FRANKLIN HALMA BRIDGE."
The Concurrent Resolution was adopted and sent to the Senate.


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MOTION PERIOD

Rep. FLEMING moved to dispense with the Motion Period.

Rep. COBB-HUNTER demanded the yeas and nays, which were taken, resulting as follows:

Yeas 56; Nays 42

Those who voted in the affirmative are:

Allison                Altman                 Barfield
Barrett                Beck                   Campsen
Cato                   Chellis                Cooper
Cotty                  Dantzler               Easterday
Edge                   Fleming                Gamble
Gilham                 Hamilton               Harrell
Harrison               Haskins                Hawkins
Hinson                 Keegan                 Kelley
Kirsh                  Klauber                Knotts
Koon                   Law                    Leach
Limehouse              Littlejohn             Loftis
Martin                 Mason                  McGee
Meacham                Phillips               Rice
Robinson               Rodgers                Sandifer
Seithel                Sharpe                 Simrill
Smith D.               Smith R.               Taylor
Townsend               Vaughn                 Walker
Webb                   Whatley                Wilkins
Woodrum                Young-Brickell

Total--56

Those who voted in the negative are:

Allen                  Askins                 Bailey
Bales                  Bowers                 Brown G.
Brown J.               Brown T.               Carnell
Clyburn                Cobb-Hunter            Delleney
Emory                  Gourdine               Govan
Harris                 Harvin                 Hayes
Hines J.               Howard                 Jennings
Kennedy                Lee                    Lloyd
Lourie                 Maddox                 McCraw
McLeod M.              McLeod W.              McMahand

Printed Page 2152 . . . . . Wednesday, April 21, 1999

Moody-Lawrence         Neilson                Ott
Parks                  Rhoad                  Rutherford
Scott                  Sheheen                Smith F.
Smith J.               Stille                 Wilder

Total--42

So, the motion to dispense with the motion period was agreed to.

SPEAKER PRO TEMPORE IN CHAIR

H. 3617 -- DEBATE ADJOURNED

Rep. SHARPE moved to adjourn debate upon the following Bill until Tuesday, April 27, which was adopted:

H. 3617 (Word version) -- Reps. Witherspoon, Sharpe, Sandifer, Rodgers, Riser, Miller, Breeland, Campsen, Beck, Altman, Seithel, M. McLeod, Harrell, Ott, Cobb-Hunter, Inabinett, Whatley, Battle and McGee: A BILL TO AMEND CHAPTER 5, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, AS AMENDED, RELATING TO THE MARINE RESOURCES DIVISION OF THE SOUTH CAROLINA DEPARTMENT OF MARINE RESOURCES, SO AS TO ENACT THE "SOUTH CAROLINA MARINE RESOURCES ACT OF 1999", AND TO REVISE PROVISIONS REGULATING MARINE RESOURCES AND THE MANNER THAT MARINE LIFE MAY BE HARVESTED, DEFINITIONS, OFFENSES, JURISDICTION, LAW ENFORCEMENT AUTHORITY, PROGRAMS, SUSPENSION OF PRIVILEGES, PENALTIES, ZONES, AND BOARDING OF VESSELS; TO PROVIDE FOR MARINE LICENSES AND PERMITS; TO PROVIDE FOR THE USE OF FISHING EQUIPMENT; TO PROVIDE FOR AND REGULATE TRAWLING, THE TAKING OF SHELL FISH, SHRIMP, ANADROMOUS AND CATADROMOUS FINFISH, ESTUARINE AND SALTWATER FINFISH, RECREATIONAL FISHERIES CONSERVATION AND MANAGEMENT, MARICULTURE, AND TO PROVIDE MISCELLANEOUS PROVISIONS NECESSARY TO REGULATION AND MANAGEMENT OF MARINE RESOURCES, TO PROVIDE FOR A POINT SYSTEM FOR VIOLATIONS OF MARINE RESOURCES LAWS, TO PROVIDE FOR INTERJURISDICTIONAL FISHERY MANAGEMENT; TO AMEND SECTION 44-1-152, RELATING TO REVENUE FROM FINES AND


Printed Page 2153 . . . . . Wednesday, April 21, 1999

FORFEITURES, SO AS TO FURTHER PROVIDE FOR THE DISPOSITION OF REVENUE FROM FINES AND FORFEITURES; TO ADD SECTION 50-1-295 SO AS TO PROHIBIT REMOVING OR DISTURBING SIGNS, BUOYS, OR OTHER DEVICES USED BY THE DEPARTMENT, AND TO PROVIDE PENALTIES FOR VIOLATIONS OF THIS SECTION; TO AMEND SECTION 50-13-650, RELATING TO THE USE OF NETS OR SEINES IN THE SAVANNAH RIVER; TO AMEND SECTION 50-13-730, RELATING TO THE USE OF NETS TO TAKE NONGAME FISH IN GAME ZONE 9, SO AS TO MAKE THE PROVISIONS OF THIS SECTION APPLICABLE STATEWIDE AND PROVIDE THAT THE PROVISIONS OF THIS SECTION SHALL NOT AFFECT SHAD, HERRING, OR STURGEON; TO ADD SECTION 50-21-175 SO AS TO REQUIRE THE OPERATOR AND CREW OF ANY WATERCRAFT OPERATING IN STATE WATERS TO HEAVE TO WHEN SIGNALED OR HAILED AND TO ALLOW BOARDING, AND TO PROVIDE PENALTIES FOR VIOLATIONS; TO REDESIGNATE SECTION 50-13-990 AS SECTION 50-21-180; AND TO REPEAL CHAPTERS 7, 17, AND 20 OF TITLE 50, AND SECTIONS 50-5-130, 50-13-190, 50-13-320, 50-13-530, 50-13-700, 50-13-735, 50-13-770, 50-13-795, 50-13-800, 50-13-805, 50-13-815, 50-19-320, AND 50-19-330 OF THE 1976 CODE; AND TO PROVIDE THAT ALL RIGHTS, DUTIES, AND LIABILITIES ACCRUING TO A PERSON PRIOR TO THE EFFECTIVE DATE OF THIS ACT ARE PRESERVED, AND THAT ALL CASES AND APPEALS ARISING OR PENDING UNDER THE LAW BEFORE THE EFFECTIVE DATE OF THIS ACT ARE SAVED.

H. 3420 -- DEBATE ADJOURNED

The following Bill was taken up:

H. 3420 (Word version) -- Reps. Klauber, Campsen, Altman, Knotts, Hawkins, Loftis, Sandifer, Cooper, Woodrum, Lanford, Harrison, Fleming, Taylor, Young-Brickell, Limehouse, Vaughn, Rodgers, Chellis, Keegan, Barrett and Robinson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-7-125 SO AS TO PROVIDE THAT THE RIGHT OF THE STATE AND ITS POLITICAL SUBDIVISIONS TO SUE A FIREARMS MANUFACTURER, FIREARMS TRADE ASSOCIATION, OR FIREARMS DEALER ON BEHALF OF THE STATE OR ITS POLITICAL SUBDIVISIONS IN CASES ARISING OUT OF OR


Printed Page 2154 . . . . . Wednesday, April 21, 1999

RESULTING FROM THE LAWFUL DESIGN, MARKETING, OR SALE OF FIREARMS TO THE PUBLIC IS RESERVED TO THE STATE; AND BY ADDING SECTION 23-31-30 SO AS TO PROVIDE LIMITATIONS ON LIABILITY FOR PERSONS LICENSED UNDER THE UNITED STATES CODE, IN CASES ARISING FROM THE USE OF A FIREARM BY A PERSON OTHER THAN THE LICENSEE.

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name \GGS\AMEND\22270DC99):
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION   1.   Chapter 7, Title 1 of the 1976 Code is amended by adding:

"Section 1-7-125.   (A)   No person may sue or recover from a firearms manufacturer, trade association, or dealer, or an ammunition manufacturer, trade association, or dealer ex delicto, for damages, abatement, or injunctive relief from any claims arising out of or resulting from the marketing, design, or lawful distribution and sale of firearms or ammunition to the public.

(B)   As used in this Section:

(1)   'design' means the proper and intended operation of a firearm or ammunition whether or not the firearm or ammunition design could have incorporated additional operating features;

(2)   'lawful distribution and sale' means compliance with any applicable federal and state statutes or regulations governing the distribution and sale of firearms and ammunition;

(3)   'person' means the State of South Carolina, political subdivisions of the State, and individuals.

(c)   Nothing in this section shall prohibit any person from bringing an action against a firearms or ammunition manufacturer, trade association, or dealer ex contractu for breach of contract or warranty, nor shall this section prohibit a products liability action arising out of the malfunction or improper design of any device which results in personal injuries uncommon to the normal and intended functioning of a firearm or ammunition.
SECTION   2.   This act takes effect upon approval of the Governor and applies to all cases and appeals pending on the effective date of the act." /
Renumber sections to conform.
Amend totals and title to conform.


Printed Page 2155 . . . . . Wednesday, April 21, 1999

Rep. CAMPSEN explained the amendment.

Rep. TRIPP moved to adjourn debate on the Bill, which was agreed to.

ORDERED TO THIRD READING

The following Bill was taken up:

H. 3811 (Word version) -- Reps. Wilkins and Vaughn: A BILL TO AMEND ACT 355 OF 1994, RELATING TO THE LOCAL GOVERNMENT COMPREHENSIVE PLANNING ENABLING ACT OF 1994 AND THE EFFECTIVE DATE OF THE REPEAL OF VARIOUS STATE AND LOCAL PROVISIONS OF LAW PERTAINING TO PLANNING AND ZONING BY LOCAL GOVERNMENTAL ENTITIES, SO AS TO EXTEND FROM MAY 3, 1999, UNTIL DECEMBER 31, 1999, THE EFFECTIVE DATE OF THE REPEAL OF THESE STATE AND LOCAL PROVISIONS OF LAW AND THE DATE BY WHICH ALL LOCAL PLANNING PROGRAMS MUST BE IN CONFORMITY WITH THE LOCAL GOVERNMENT COMPREHENSIVE PLANNING ENABLING ACT OF 1994.

The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name NBD\11303SOM99), which was tabled.
Amend the bill, as and if amended, by striking / December 31, 1999 / on lines 32, 33, 35 and inserting/ December 31, 2000 / so that Section 1 of the bill reads:
SECTION   1.   Section 2 of Act 355 of 1994 is amended to read:

"Section 2.   Chapter 27 of Title 4, Chapter 23 of Title 5, Section 6-7-310 through Section 6-7-1110, and Act 129 of 1963 are repealed, effective five years from the date of approval of this act by the Governor. At the end of five years, on December 31, 2000. On and after December 31, 2000, all local planning programs must be in conformity with the provisions of this act. During the intervening five years Until December 31, 2000, this act is cumulative and may be implemented at any time."
Amend totals and title to conform.

Rep. BAILEY moved to table the amendment, which was agreed to.

Rep. BAILEY explained the Bill.


Printed Page 2156 . . . . . Wednesday, April 21, 1999

The question then recurred to the passage of the Bill.

Pursuant to Rule 7.7 the yeas and nays were taken resulting as follows:

Yeas 97; Nays 8

Those who voted in the affirmative are:

Allen                  Allison                Askins
Bailey                 Bales                  Barfield
Barrett                Beck                   Bowers
Breeland               Brown G.               Brown J.
Brown T.               Campsen                Carnell
Cato                   Chellis                Clyburn
Cooper                 Dantzler               Delleney
Easterday              Emory                  Fleming
Gamble                 Gilham                 Gourdine
Govan                  Hamilton               Harrell
Harris                 Haskins                Hawkins
Hayes                  Hines J.               Hines M.
Hinson                 Howard                 Jennings
Kennedy                Kirsh                  Klauber
Knotts                 Koon                   Law
Leach                  Lee                    Limehouse
Littlejohn             Lloyd                  Loftis
Lucas                  Mack                   Maddox
Martin                 Mason                  McCraw
McGee                  McLeod M.              McLeod W.
McMahand               Meacham                Miller
Moody-Lawrence         Neal                   Neilson
Ott                    Parks                  Pinckney
Quinn                  Rhoad                  Rice
Riser                  Robinson               Rodgers
Rutherford             Sandifer               Scott
Seithel                Simrill                Smith D.
Smith F.               Smith R.               Stille
Taylor                 Townsend               Tripp
Vaughn                 Walker                 Webb
Whatley                Whipper                Wilder


Printed Page 2157 . . . . . Wednesday, April 21, 1999

Wilkes                 Wilkins                Woodrum
Young-Brickell

Total--97

Those who voted in the negative are:

Cobb-Hunter            Cotty                  Edge
Keegan                 Kelley                 Lourie
Sheheen                Smith J

Total--8

So, the Bill was read the second time and ordered to third reading.

H. 3188--CONFERENCE REPORT ADOPTED
CONFERENCE REPORT
H. 3188

The General Assembly

Columbia, South Carolina

October 5, 1999

The COMMITTEE OF CONFERENCE, to whom was referred:

H. 3188 (Word version)--Reps. Knotts, Edge, Rodgers, Whatley and Simrill: A BILL TO AMEND SECTION 56-5-1520, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPEED LIMITS, SO AS TO PROVIDE THAT THE MAXIMUM SPEED LIMIT ON AN INTERSTATE HIGHWAY IS SEVENTY MILES AN HOUR; AND TO REPEAL SECTION 56-5-1510, RELATING TO THE STATE'S FIFTY-FIVE MILE AN HOUR MAXIMUM SPEED LIMIT AND FEDERAL LAWS THAT PERMIT THE STATE TO SET SPEED LIMITS GREATER THAN FIFTY-FIVE MILES AN HOUR.

Beg leave to report that they have duly and carefully considered the

same and recommend:
That the same do pass with the following amendments:


Printed Page 2158 . . . . . Wednesday, April 21, 1999

Amend the bill, as and if amended, by striking all after the enacting words and inserting the following:

/ SECTION   1.   Section 56-5-1520 of the 1976 Code, as last amended by Act 497 of 1994, is further amended to read:

"Section 56-5-1520.   (a) General rule. (A) No A person shall not drive a vehicle on a highway at a speed greater than is reasonable and prudent under the conditions and having regard to the actual and potential hazards then existing. In every event Speed must be so controlled as may be necessary to avoid colliding with any a person, vehicle, or other conveyance on or entering the highway in compliance with legal requirements and the duty of all persons a person to use care.

(b) Maximum speed limits. (B)   Except when a special hazard exists that requires lower speed for compliance with paragraph (a) of this section subsection (A), the limits specified in this section or established as hereinafter authorized are maximum lawful speeds, and no a person shall not drive a vehicle on a highway at a speed in excess of these maximum limits:

(1) thirty miles an hour in any urban district seventy miles an hour on the interstate highway system and other freeways where official signs giving notice of this speed are posted;

(2) sixty miles an hour on multilane divided primary highways where official signs giving notice of this speed limit are posted;

(3) fifty-five miles an hour in other locations or on other sections of highways except where speeds above fifty-five miles an hour are otherwise provided by Section 56-5-1510 and unpaved roads are limited to the speed of forty miles an hour; and

(4) manufactured, modular, or mobile homes must not be transported at a speed in excess of ten miles below the maximum posted speed limit when the maximum posted speed limit is in excess of forty-five miles an hour, and never in excess of fifty-five miles an hour.

(C)   Thirty miles an hour is the maximum speed in an urban district. 'Urban district' means the territory contiguous to and including any street which is built up with structures devoted to business, industry, or dwelling houses situated at intervals of less than one hundred feet for a distance of a quarter of a mile or more.

(D)   A local authority on the basis of an engineering and traffic investigation may determine that the maximum speed limit permitted under this article is less than thirty miles an hour in an urban district. If


Printed Page 2159 . . . . . Wednesday, April 21, 1999

this determination is made, the maximum speed limit for the urban district is enforceable by all law enforcement officers authorized to enforce the traffic laws in the urban district. However, this subsection does not apply to highways within the state highway system contained in Section 56-5-1530.

(E)   The maximum speed limits set forth in this section may be altered as authorized in pursuant to Sections 56-5-1530 and 56-5-1540.

(c)   When lower speeds required; penalties; citation for violating speed limits. (F)   The driver of every a vehicle shall drive, consistent with the requirements of paragraph (a) subsection (A), drive at an appropriate reduced speed when approaching and crossing an intersection or railway grade crossing, when approaching and going around a curve, approaching a hillcrest, when traveling upon any narrow bridge, narrow or winding roadway, and when special hazard exists with respect to pedestrians or other traffic or by reason of weather or highway conditions.

(d) Any (G)   A person violating the speed limits established by this section is guilty of a misdemeanor and, upon conviction for a first offense, must be fined or imprisoned as follows:

(1) in excess of the above posted limit but not in excess of ten miles an hour by a fine of not less than fifteen dollars nor more than twenty-five dollars;

(2) in excess of ten miles an hour but less than fifteen miles an hour above the posted limit by a fine of not less than twenty-five dollars nor more than fifty dollars;

(3) in excess of fifteen miles an hour but less than twenty-five miles an hour above the posted limit by a fine of not less than fifty dollars nor more than seventy-five dollars; and

(4) in excess of twenty-five miles an hour above the posted limit by a fine of not less than seventy-five dollars nor more than two hundred dollars or imprisoned for not more than thirty days.

(e) Any (H)   A citation for violating the speed limits issued by any authorized officer must note on it the rate of speed for which the citation is issued.

(f) (I)   In expending the funds credited to the state general fund from fines generated under subsection (d) (G), the department first shall consider the need for additional highway patrolmen."
SECTION   2.   Section 56-5-1535 of the 1976 Code is amended to read:

"(A)   It is unlawful for a person to drive a motor vehicle in a highway work zone at a speed in excess of the speed limit set and posted by signs. A person violating this section is guilty of a misdemeanor and,


Printed Page 2160 . . . . . Wednesday, April 21, 1999

upon conviction, must be fined not less than seventy-five nor more than two hundred dollars or imprisoned not more than thirty days, or both.

(B)   A 'highway work zone' is the area between the first sign that informs motorists of the existence of the work zone on the highway and the last sign that informs motorists of the end of the work zone.

(C)   The penalty imposed by this section applies only:

(1) if a sign is posted at the beginning of the active work zone that states "HIGHWAY 'WORK ZONE -- NO SPEEDING -- TWO HUNDRED DOLLAR $200 FINE AND THIRTY 30 DAYS IMPRISONMENT FOR SPEEDING';

(2) to the area between the posted sign and the 'END CONSTRUCTION' sign. Signs may be posted at the discretion of the Department of Transportation in the highway work zones designed to comply with work zone traffic control standards contained in the Manual on Uniform Traffic Control Devices published by the Federal Highway Administration."
SECTION   3.   Section 56-5-1540(a)(2) of the 1976 Code is amended to read:

"(2) increases the limit within an urban district but not to more than fifty-five seventy miles an hour, except that speed limits above fifty-five miles an hour are required when stipulated by Section 56-5-1510; or"
SECTION   4.   The 1976 Code is amended by adding:

"Section   56-5-616.   The interstate system consists of the segments of highways in South Carolina in the officially designated national system of interstate and defense highways."
SECTION   5.   Chapter 23, Title 57 of the 1976 Code is amended by adding:

"Article 17
Vegetation Management

Section 57-23-800.   (A)   The Department of Transportation shall conduct vegetation management of the medians, roadsides, and interchanges along the interstate highway system in accordance with the following requirements:

(1)   a median of not more than sixty feet in width shall have its mowable area mowed in its entirety. A median wider than sixty feet shall only be mowed within thirty feet from the edges of the pavement.

(2)   a roadside shall be mowed thirty feet from the edge of the pavement. If fill slopes or back slopes are steep, one swath of the mower or not less than five feet shall be mowed on these slopes.


Printed Page 2161 . . . . . Wednesday, April 21, 1999

(3)   an interchange shall be mowed in the same manner as a roadside, provided that the distance from the pavement required to be mowed may be increased to address any safety concerns involved.

(B)   The mowing widths provided in subsection (A) may be increased when necessary to provide adequate visibility for signs erected by the department.

(C)   The vegetation management activities conducted by the department shall not interfere in any way with the visibility of any outdoor advertising sign.

(D)   If the Department of Natural Resources makes an assessment and written determination that vegetation management pursuant to this section causes an increase in safety risks because of the attraction of wildlife to a specific area along the highway, then the department may increase the distance from the pavement required to be mowed."

SECTION 6.   The 1976 Code is amended by adding:

"Section 56-1-2156.   Notwithstanding any other provision of law, a commercial motor vehicle driver may not be assessed points against his driving record for failing to comply with lane restrictions posted on the interstate highway system by the Department of Transportation. For purposes of this section, a driver record means a commercial driver's license issued pursuant to Article 13, Chapter 1 of Title 56 and a driver's license issued pursuant to Section 56-1-130 for which points are assessed in Section 56-1-720."

SECTION   7.   Sections 56-5-1510 and 57-3-175 of the 1976 Code are repealed.

SECTION   8.   This act takes effect upon approval by the Governor. /
Amend title to conform.

s/s Sen. Harvey Peeler     s/s Sen. Arthur Ravenel
s/s Sen. Brad Hutto       s/s Rep. Ronald P. Townsend
s/s Rep. Becky Martin     s/s Rep. John M. Knotts


Printed Page 2162 . . . . . Wednesday, April 21, 1999

Rep. TOWNSEND explained the Conference Report.

POINT OF ORDER

Rep. SHEHEEN, under House Rule 5.14, raised a Point of Order that the Conference Report has not been printed in the House Journal.
SPEAKER PRO TEMPORE sustained the Point of Order.

RULE 5.14 WAIVED

Rep. WILKINS moved to waive Rule 5.14 in accordance with Rule 5.15, which was agreed to by a division vote of 76 to 26.

The Conference Report was adopted and a message was ordered sent to the Senate accordingly.

S. 21 -- INTERRUPTED DEBATE

The following Bill was taken up:

S. 21 (Word version) -- Senators Leventis, Branton, McConnell, Rankin and Reese: A BILL TO AMEND SECTION 47-1-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ILL-TREATMENT OF ANIMALS, SO AS TO, AMONG OTHER THINGS, CHANGE VARIOUS PENALTIES, INCLUDING MAKING CERTAIN MISDEMEANOR OFFENSES FELONIES AND ALLOW CERTAIN FIRST OFFENSE VIOLATIONS TO BE TRIED IN MUNICIPAL COURT.

The Agriculture, Natural Resources and Environmental Affairs Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GGS\AMEND\22274DJC99):
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION   1.   Section 47-1-40 of the 1976 Code, as last amended by Act 367 of 1998, is further amended to read:

"Section 47-1-40.     (A)   Whoever overloads, overdrives, overworks, or ill-treats any animal, or deprives any animal of necessary sustenance or shelter, or inflicts unnecessary pain or suffering upon any animal, or causes these things to be done by omission or commission, for every offense is guilty of a misdemeanor and, upon conviction, must be punished by imprisonment not exceeding sixty days or by a fine of not less than one hundred dollars nor more than four five hundred dollars, or both, for a first offense; by imprisonment not


Printed Page 2163 . . . . . Wednesday, April 21, 1999

exceeding ninety days three years or by a fine not exceeding eight hundred three thousand dollars, or both, for a second offense; is guilty of a misdemeanor and must be punished or by imprisonment not exceeding two five years or by a fine not exceeding two five thousand dollars, or both, for a third or subsequent offense. Notwithstanding any other provision of law, a first offense under this subsection shall be tried in magistrate's or municipal court.

(B)   Whoever tortures, torments, needlessly mutilates, cruelly kills, or inflicts excessive or repeated unnecessary pain or suffering upon any animal or by omission or commission causes the acts to be done for any of the offenses is guilty of a misdemeanor and, upon conviction, must be punished by imprisonment of not less than one hundred eighty days and not to exceed two ten years and by a fine of five ten thousand dollars.

(C)   This section does not apply to fowl, accepted animal husbandry practices of farm operations and the training of animals, the practice of veterinary medicine, or activity authorized by Title 50."
SECTION   2.   This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend totals and title to conform.

Rep. RHOAD explained the amendment.

SPEAKER IN CHAIR

Rep. RHOAD continued speaking.

Debate was interrupted by the Joint Assembly, the pending question being consideration of Amendment No. 1.

JOINT ASSEMBLY

At 12:00 Noon the Senate appeared in the Hall of the House.
The President of the Senate called the Joint Assembly to order and announced that it had convened under the terms of a Concurrent Resolution adopted by both Houses.

PRESENTATION OF 1999 JEAN LANEY HARRIS FOLK HERITAGE AWARD WINNERS

The Reading Clerk of the House read the following Concurrent Resolution:


Printed Page 2164 . . . . . Wednesday, April 21, 1999

H. 3426 (Word version) -- Rep. Harris: A CONCURRENT RESOLUTION INVITING THE WINNERS OF THE 1999 JEAN LANEY HARRIS FOLK HERITAGE AWARDS AND THE MEMBERS OF THE 1999 JEAN LANEY HARRIS FOLK HERITAGE AWARDS ADVISORY COMMITTEE TO ATTEND A JOINT SESSION OF THE HOUSE OF REPRESENTATIVES AND THE SENATE IN THE HALL OF THE HOUSE OF REPRESENTATIVES ON WEDNESDAY, APRIL 21, 1999, AT 12:00 NOON AND TO RECOGNIZE AND COMMEND THE 1999 JEAN LANEY HARRIS FOLK HERITAGE AWARD WINNERS FOR THEIR OUTSTANDING CONTRIBUTIONS TO FOLK ART IN SOUTH CAROLINA.

The 1999 Jean Laney Harris Award Winners were escorted to the rostrum by Senators Russell, Hayes, Courtney, Washington and Martin and Representatives HARRIS, DELLENEY, RODGERS, ROBINSON, HAWKINS and D. SMITH.

Lt. Gov. Peeler made the following opening remarks:

"On behalf of the South Carolina General Assembly, I want to welcome the winners of the 1999 Jean Laney Harris Folk Heritage Awards along with their families and friends. We are glad to have you here today to celebrate the 12th Annual presentation of the Folk Heritage Awards. On this special occasion, we honor 13 South Carolinians for their dedication to the presentation and preservation of artistic and cultural traditions that have a long-standing presence in our state. These traditions have historically strengthen families and communities throughout our state and continue to enrich the every day lives of all South Carolinians. By recognizing these citizens for their lifetime achievements, we likewise recognize the unique traditions that are a part of South Carolina's rich and diverse heritage. Now I would like to recognize the Speaker of the South Carolina House of Representatives, the Honorable David H. Wilkins for the presentation of this year's Jean Laney Harris Folk Heritage Awards.

SPEAKER WILKINS made the following remarks:

"It gives me great pleasure to present the Jean Laney Harris Folk Heritage Awards. This is always a special day for the General Assembly because it gives us the opportunity to learn more about our State's finest and oldest traditions. These traditions in music and art are so vital in maintaining South Carolina's cultural heritage. This award


Printed Page 2165 . . . . . Wednesday, April 21, 1999

was first established to recognize the state's most outstanding practitioners of folk art. Two years ago, the awards became known as the Jean Laney Harris Folk Heritage Award in honor of Jean Harris's long-time support of South Carolina's cultural traditions.

The first recipient of this year's Folk Heritage Award is Nola Harris Campbell, Master Potter. At the age of fifteen, Nola Harris Campbell had mastered the Catawba ceramic tradition of wood-fired, coil-formed pottery. Passed from one generation to the next, this tradition has a long historic connection to South Carolina. For over sixty years, Mrs. Campbell has produced some of the finest examples of Catawba pottery, which you will be able to see on display at the reception following this ceremony. She has also shared her gift through demonstrations at schools, museums and festivals and by providing support and teaching her techniques to other potters. Through her dedication, Mrs. Campbell has done much to sustain the quality of this significant South Carolina art form while encouraging a new generation of master potters. Please join me in recognizing Nola Harris Campbell, Master Potter.

Our second recipient is Veronica D. Gerald, Advocate for the South Carolina Gullah Culture. Veronica Gerald brings both an indigenous and academic perspective to her advocacy of the South Carolina Gullah culture. Born in Mullins, South Carolina, Ms. Gerald heard elderly relatives and neighbors talk about their lives and the history of their people. She left the State to receive her academic degrees in English and later returned to South Carolina to take a teaching position at Coastal Carolina University. Last December, Ms. Gerald was also appointed Director of History and Culture at the Penn Center. Since returning to South Carolina, Ms. Gerald has made it her goal to ensure that the Gullah people are well represented outside the community and the State. As she points out, 'the influence of the Gullah people is evident in almost every aspect of the State including music, foodways, moral values rituals, agriculture and language.' Through her lectures and storytelling, and her participation in festivals and museum exhibits, Ms. Gerald has advocated and promoted the Gullah culture. Congratulations to Veronica Gerald.

The third recipients are the Jackson Brothers, African-American Acappella Gospel Singers. Originally known as the Jackson family, the group started singing together informally in 1937 and soon began to perform at schools and African-American churches in the Anderson County areas. Over the years most of the original members have retired or passed away, but new members have been brought in and taught the


Printed Page 2166 . . . . . Wednesday, April 21, 1999

tight and mellow harmony for which the group is known. They continue to sing gospel music in many up-state churches and have recently begun performing at various music and heritage festivals throughout the State. Through their singing, the Jackson Brothers help to spread good will as they maintain their tradition of vocal harmony. Congratulations to the Jackson Brothers.

The fourth recipient is Harold Vernon Riddle, Old-Time Fiddler. For almost 50 years Harold Vernon Riddle has been playing the fiddle. Riddle's fiddling style is influenced both by the traditional music he heard played by local mill workers in his hometown of Glendale, South Carolina and by the Grand Ole Opry radio show that he grew up listening to on Friday nights. Riddle and his wife, Ruth Stewart, a guitar player from Spartanburg, have entertained people all over the western Carolinas. By playing competitively, Riddle has continued to keep his fiddling skills sharp. In 1989, he placed first in the South Carolina State Fiddling Contest and later placed sixth in the Southeastern Fiddling Contest. Riddle's old-time Southern bowing techniques combine with his fancier long bowing style make him one of the finest fiddlers in South Carolina and a musical treasure of our State. Congratulations to Harold Vernon Riddle.

Our fifth recipient is 'Colonel' Gene Wyatt, Traditional Country Western Flat-Pick Guitar Player. Born and raised in Converse, South Carolina, Gene Wyatt or "Colonel" Gene as he is known on the music scene first picked up the guitar when he was 10. He spent his youth picking cotton, and playing guitar and baseball. Baseball took him to California when the textile leagues recruited him to play for the Fresno Cardinals. After seven years, Wyatt decided to give up on baseball and return to South Carolina and his first love, music. Since then, Wyatt has divided his time between teaching guitar and performing. In the late 1970's, Wyatt and Walter 'Hank' Garland became a familiar billing at local fairs as the country western band 'Gene Wyatt and the Entertainers'. A few years ago, Wyatt and his son Wes started a band called 'Hot Guitar'. Their repertoire ranges from songs such as Hogie Carmichaels's 'Freight Train Boogie' to Irving Berlin's 'Blue Sky'. While today the 'Colonel' plays everything from folk to jazz to bluegrass, he still plays and teaches the traditional music that he learned as a child. Congratulations to Colonel Gene Wyatt.

On behalf of the Joint Assembly, I want to congratulate all of our recipients. We are very proud of you. You are great ambassadors for our State. I understand that three of our recipients, the Jackson


Printed Page 2167 . . . . . Wednesday, April 21, 1999

Brothers, Harold Vernon Riddle and 'Colonel' Gene Wyatt are now going to perform for us."

SPEAKER WILKINS recognized the Jackson Brothers, who performed for the Joint Assembly.

SPEAKER WILKINS recognized Mr. Harold Vernon Riddle, who performed for the Joint Assembly.

SPEAKER WILKINS recognized "Colonel" Gene Wyatt, who performed for the Joint Assembly.

SPEAKER WILKINS made the following closing remarks:

"You brighten our day by taking your time to come and share your talents with us and we very much appreciate it. I now turn the program back over to Lt. Gov. Peeler."

Lt. Gov. Peeler made the following closing remarks:

"Thank you Mr. Speaker. I would like to close the ceremony today by thanking the award winners for sharing their talents with us today and everyday. Immediately following the ceremony is a reception in the second floor lobby of the McKissick Museum on the campus of the University of South Carolina. I invite and urge all of you to take the opportunity to meet and talk with these remarkable people who have devoted their lives to preserving our State's rich folk traditions."

Upon conclusion of the presentations, the distinguished guests and escort party retired from the Chamber.

JOINT ASSEMBLY RECEDES

The purposes of the Joint Assembly having been accomplished, the PRESIDENT announced that under the terms of the Concurrent Resolution the Joint Assembly would recede from business.
The Senate accordingly retired to its Chamber.

THE HOUSE RESUMES

At 12:25 P.M. the House resumed, the SPEAKER in the Chair.

RECURRENCE TO THE MORNING HOUR

Rep. WEBB moved that the House recur to the morning hour, which was agreed to.


Printed Page 2168 . . . . . Wednesday, April 21, 1999

INTRODUCTION OF BILLS

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

H. 3968 (Word version) -- Reps. Jennings, Kennedy, Haskins, F. Smith, Simrill, Altman, Askins, Bailey, Battle, Bowers, Cato, Chellis, Davenport, J. Hines, M. Hines, Kirsh, Littlejohn, Lloyd, Maddox, Martin, Mason, McGee, W. McLeod, Miller, Moody-Lawrence, Rice, R. Smith, Taylor, Webb, Witherspoon and Young-Brickell: A BILL TO AMEND TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAXATION, BY ADDING CHAPTER 22 SO AS TO PROVIDE FOR THE REGULATION, LICENSING, TAXATION, AND CIVIL AND CRIMINAL ENFORCEMENT OF VIDEO GAME MACHINES WITH A FREE PLAY FEATURE, ARCADE GAME MACHINES, AND OTHER DEVICES INCLUDING PROVISIONS TO VEST PRIMARY ENFORCEMENT AND REGULATORY POWERS IN THE DEPARTMENT OF REVENUE AND THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION, TO PROVIDE FOR LICENSE FEES ON MACHINE MANUFACTURERS, DISTRIBUTORS, TECHNICIANS, OWNERS, AND OPERATORS, TO PROVIDE LICENSE FEES FOR MACHINES AND LICENSED ESTABLISHMENTS, TO PROVIDE FOR AN IMPOSITION OF TAXES ON NET MACHINE INCOME AND ON PLAYER WINNINGS, TO PROVIDE FOR THE USE OF REVENUES GENERATED BY THIS CHAPTER, TO PROVIDE FOR LOCATION RESTRICTIONS AND CASINO PROHIBITIONS AND THE PHASING OUT OF EXISTING CASINOS, TO PROVIDE FOR PUBLIC NOTICE AND OTHER NOTIFICATION PROVISIONS TO THE GENERAL PUBLIC, TO PROVIDE FOR THE MANNER IN WHICH AND REQUIREMENTS UNDER WHICH THESE MACHINES MAY BE PLAYED INCLUDING PROHIBITING THE OFFERING OF INDUCEMENTS, THE REGULATION OF ADVERTISING, AND CERTAIN LIMITATIONS ON BETS AND WINNINGS, TO PROVIDE FOR TECHNICAL STANDARDS AND SPECIFICATIONS FOR THESE MACHINES AND THEIR EQUIPMENT, TO PROVIDE FOR BACKGROUND INVESTIGATIONS OF PERSONS ASSOCIATED WITH THE OPERATION OF THESE MACHINES AND THE ACTIONS THE DEPARTMENT MAY TAKE AS A RESULT OF THE BACKGROUND INVESTIGATIONS, TO PROVIDE PROCEDURES FOR LICENSE REVOCATIONS AND PENALTIES,


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TO PERMIT CIVIL ACTIONS UNDER SPECIFIED CONDITIONS FOR CERTAIN VIOLATIONS, TO PROVIDE CRIMINAL PENALTIES FOR CERTAIN VIOLATIONS, TO PROVIDE FOR THE MANNER IN WHICH COUNTIES AND MUNICIPALITIES MAY ALSO LICENSE AND TAX THESE MACHINES, AND TO PROVIDE FOR SEPARATE REQUIREMENTS FOR THE REGULATION, LICENSING, TAXATION, AND ENFORCEMENT OF ARCADE GAME MACHINES AND OTHER AMUSEMENT DEVICES INCLUDING A PROVISION THAT PROHIBITS CASH WINNINGS; TO AMEND SECTION 12-60-3370, RELATING TO BOND REQUIRED PRIOR TO A TAXPAYER APPEAL TO CIRCUIT COURT, SO AS TO REQUIRE A BOND OF A PERSON APPEALING CERTAIN VIDEO GAME MACHINE VIOLATIONS TO THE CIRCUIT COURT AND TO PROVIDE CIVIL MONETARY SANCTIONS IF THE APPEAL IS UNSUCCESSFUL; TO AMEND SECTION 61-4-580, RELATING TO PROHIBITED ACTS REGARDING BEER AND WINE, SO AS TO PROVIDE THAT ACTIVITIES AUTHORIZED BY CHAPTER 22 OF TITLE 12 ABOVE ON THE PREMISES OF ESTABLISHMENTS LICENSED TO SELL BEER AND WINE ARE NOT A PROHIBITED ACT IN ESTABLISHMENTS PERMITTED FOR OFF PREMISES CONSUMPTION AND TO REQUIRE A SEPARATE ROOM FOR MACHINES IN PREMISES WITH ON PREMISES CONSUMPTION PERMITS AND LICENSES AND TO PROHIBIT THE CONSUMPTION OF ALCOHOLIC LIQUORS, BEER, AND WINE IN THIS SEPARATE ROOM AND TO PROVIDE FOR REVOCATION OF LICENSES AND PERMITS FOR VIOLATIONS; TO ADD SECTIONS 16-19-65, 16-19-66, AND 16-19-67 SO AS TO MAKE IT UNLAWFUL FOR ANY PERSON TO KEEP CERTAIN TYPES OF GAME OR SLOT MACHINES ON HIS PREMISES, TO MAKE IT UNLAWFUL FOR ANY PERSON TO OPERATE SUCH MACHINES, TO MAKE IT UNLAWFUL FOR ANY PERSON TO CHEAT OR DEFRAUD THE OWNER OF A LAWFUL MACHINE OF ITS CONTENTS, TO PROVIDE PENALTIES FOR VIOLATIONS AND AUTHORIZE THE SEIZURE OF UNLAWFUL MACHINES, TO PROVIDE STANDARDS FOR VIDEO GAME MACHINES, MODEMS, LOCATION CONTROLLERS, SOFTWARE, HARDWARE, THE CENTRAL COMPUTER MONITORING SYSTEM, AND ASSOCIATED EQUIPMENT UNTIL THE DEPARTMENT OF REVENUE ADOPTS SUCH STANDARDS PURSUANT TO CHAPTER 22 OF TITLE 12

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ABOVE; AND TO REPEAL ARTICLE 19, CHAPTER 21 OF TITLE 12 RELATING TO COIN-OPERATING MACHINES, DEVICES, AND OTHER AMUSEMENTS AND ARTICLE 20, CHAPTER 21 OF TITLE 12 RELATING TO THE VIDEO GAME MACHINES ACT.
Referred to Committee on Ways and Means

H. 3969 (Word version) -- Rep. Townsend: A BILL TO AMEND CHAPTER 7, TITLE 5, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS AND DUTIES OF MUNICIPALITIES BY ADDING SECTION 5-7-45 SO AS TO PROVIDE AN ABSENTEE PROPERTY OWNER SHALL REMOVE A DANGEROUS STRUCTURE FROM HIS PROPERTY IN TIMELY FASHION, TO PROVIDE NOTIFICATION REQUIREMENTS BY THE MUNICIPALITY, TO PROVIDE AUTHORITY TO THE MUNICIPALITY TO REMOVE THE STRUCTURE AND RECOVER COSTS FROM THE PROPERTY OWNER, TO PROVIDE NOTIFICATION TO PROSPECTIVE PURCHASERS, AND TO PROVIDE DEFINITIONS OF CERTAIN TERMS.
Referred to Committee on Judiciary

H. 3970 (Word version) -- Reps. Scott, Bales, J. Brown, Cotty, Harrison, Howard, Lourie, Neal, Quinn, Rutherford and J. Smith: A BILL TO AMEND SECTION 7-7-465, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN RICHLAND COUNTY, SO AS TO ESTABLISH NEW PRECINCTS AND RENAME CERTAIN EXISTING PRECINCTS.
On motion of Rep. SCOTT, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

S. 403 (Word version) -- Senators Courtney, Short, Moore and Washington: A BILL TO AMEND SECTION 20-7-767, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DUTIES OF THE DEPARTMENT OF SOCIAL SERVICES REGARDING CHILDREN IN FOSTER CARE, SO AS TO REVISE THE DUTIES CONCERNING CONDUCTING VISITS WITH FOSTER CHILDREN AND CONDUCTING INTERVIEWS OF FOSTER FAMILIES; TO REQUIRE DEPARTMENT PERSONNEL TO TAKE REASONABLE STEPS TO ASSURE COMPLIANCE WITH THIS


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SECTION, AND TO STATE THE DUTIES OF FOSTER PARENTS UNDER THIS SECTION; TO AMEND SECTION 20-7-764, AS AMENDED, RELATING TO APPROVAL OR AMENDMENT OF A PLACEMENT PLAN AFTER REMOVAL OF A CHILD, SO AS TO PROVIDE CIRCUMSTANCES FOR THE COURT TO CONSIDER WHEN DETERMINING WHETHER TO DISCLOSE IN THE PLAN THE LOCATION OF THE CHILD'S PLACEMENT; TO ADD SECTION 20-7-775 SO AS TO REQUIRE THE DEPARTMENT TO DISCLOSE CERTAIN INFORMATION REGARDING THE CHILD TO THE FOSTER PARENTS; TO AMEND SECTION 19-1-180, AS AMENDED, RELATING TO THE ADMISSIBILITY OF OUT-OF-COURT STATEMENTS BY CERTAIN CHILDREN, SO AS TO EXPAND THE ADMISSIBILITY OF THESE STATEMENTS TO INCLUDE CHILDREN WHO FUNCTION COGNITIVELY, ADAPTIVELY, OR DEVELOPMENTALLY UNDER AGE TWELVE; TO AMEND SECTION 20-7-420, AS AMENDED, RELATING TO THE JURISDICTION OF THE FAMILY COURT, SO AS TO INCLUDE THE AUTHORITY TO HEAR AND DETERMINE ACTIONS CONCERNING CONTROL OF A MINOR, INCLUDING GUARDIANSHIP OF A MINOR; TO AMEND SECTION 20-7-490, AS AMENDED, RELATING TO DEFINITIONS USED IN ARTICLE 7, CHAPTER 7, TITLE 20, SO AS TO ALSO APPLY THESE DEFINITIONS TO OTHER ARTICLES IN THE CHILDREN'S CODE; TO AMEND SECTION 20-7-510, AS AMENDED, RELATING TO PERSONS REQUIRED TO REPORT CHILD ABUSE AND NEGLECT, SO AS TO REQUIRE A MANDATED REPORTER TO REPORT TO LAW ENFORCEMENT IF THE PERPETRATOR IS NOT A "PERSON RESPONSIBLE FOR A CHILD'S WELFARE" AND TO PROVIDE REPORTING AND CONFIDENTIALITY PROVISIONS FOR EXCHANGE OF REPORTER INFORMATION BETWEEN THE DEPARTMENT AND LAW ENFORCEMENT AGENCIES; TO AMEND SECTION 20-7-540, AS AMENDED, RELATING TO IMMUNITY FROM LIABILITY FOR REPORTING ABUSE AND NEGLECT, SO AS TO EXPAND THE IMMUNITY TO PERSONS WHO PARTICIPATE IN AN INVESTIGATION OF ABUSE OR NEGLECT AND TO EXTEND THE IMMUNITY TO INCLUDE FULL DISCLOSURE OF THE FACTS; TO AMEND SECTION 20-7-545, AS AMENDED, RELATING TO IMMUNITY OF THE DEPARTMENT OF SOCIAL SERVICES PERSONNEL FROM LIABILITY FOR PERFORMING CHILD PROTECTIVE SERVICES OR CHILD WELFARE

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FUNCTIONS, SO AS TO ALSO INCLUDE CONTRACT EMPLOYEES; TO AMEND SECTION 20-7-610, AS AMENDED, RELATING TO EMERGENCY PROTECTIVE CUSTODY PROCEDURES, SO AS TO REVISE CERTAIN PROBABLE CAUSE HEARING PROCEDURES; TO AMEND SECTION 20-7-618 RELATING TO DETAINMENT OF ABUSED OR NEGLECTED CHILDREN BY MEDICAL PROFESSIONALS WITHOUT PARENTAL CONSENT, SO AS TO CLARIFY THAT SUCH DETAINMENT IS NOT KEEPING A CHILD IN EMERGENCY PHYSICAL CUSTODY; TO AMEND SECTION 20-7-650, AS AMENDED, RELATING TO THE DUTIES OF THE DEPARTMENT OF SOCIAL SERVICES IN CONNECTION WITH CHILD ABUSE AND NEGLECT, SO AS TO CLARIFY THAT THE DEPARTMENT IS NOT REQUIRED TO BEGIN AN INVESTIGATION WITHIN TWENTY-FOUR HOURS OF A CHILD'S DEATH DUE TO ABUSE OR NEGLECT UNLESS OTHER CHILDREN ARE IN THE HOME OR IF THE ALLEGED PERPETRATOR IS THE PARENT OR GUARDIAN AND TO REVISE CERTAIN PROCEDURES WHEN A CHILD IS IN PLACEMENT WITH A RELATIVE; TO AMEND SECTION 20-7-690, AS AMENDED, RELATING TO CONFIDENTIALITY OF ABUSE AND NEGLECT REPORTS AND RECORDS, SO AS TO REVISE CERTAIN PERSONS, AGENCIES, OR ENTITIES WHICH MAY HAVE ACCESS TO THESE REPORTS AND RECORDS AND TO AUTHORIZE THE DEPARTMENT TO DISCLOSE NECESSARY INFORMATION TO PARTICIPANTS IN A FAMILY GROUP CONFERENCE; TO AMEND SECTION 20-7-736, AS AMENDED, RELATING TO THE JURISDICTION OF THE FAMILY COURT IN ABUSE AND NEGLECT CASES, SO AS TO MAKE TECHNICAL CORRECTIONS; TO AMEND SECTION 20-7-765 RELATING TO FOSTER CARE TREATMENT PLAN REQUIREMENTS REGARDING SUBSTANCE ABUSE, SO AS TO CHANGE THE TERM "TREATMENT PLAN" TO "PLACEMENT PLAN"; TO AMEND SECTION 20-7-766, AS AMENDED, RELATING TO PERMANENCY PLANNING HEARINGS FOR CHILDREN IN FOSTER CARE, SO AS TO CLARIFY THAT A PROCEEDING MUST BE INITIATED BY THE FILING OF A MOTION AND TO PROVIDE THAT PENDING AN APPEAL IN A FOSTER CARE CASE THE JURISDICTION AND DISPOSITIONAL POWERS OF THE COURT CONTINUES ON MATTERS UNRELATED TO THE APPEAL; TO ADD SECTION

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20-7-770 REQUIRING CLERKS OF COURT TO SUBMIT CERTAIN INFORMATION ON CHILD PROTECTION CASES TO COURT ADMINISTRATION WHICH MUST FORWARD THIS INFORMATION MONTHLY AND IN AN ANNUAL REPORT TO THE DEPARTMENT AND TO REQUIRE COURT ADMINISTRATION TO PROSPECTIVELY USE A SEPARATE CODE TO IDENTIFY ABUSE AND NEGLECT CASES; TO AMEND SECTION 20-7-1572, AS AMENDED, RELATING TO TERMINATION OF PARENTAL RIGHTS, SO AS TO ADD CONVICTION FOR CERTAIN CRIMES AGAINST THE PERSON, INCLUDING CRIMINAL DOMESTIC VIOLENCE, AS A GROUND FOR TERMINATION; TO ADD SECTION 20-7-1630 SO AS TO REQUIRE THE DEPARTMENT TO INFORM FOSTER PARENTS OF FOSTER CHILDREN WHO ARE RELATIVES ABOUT THE BENEFITS ATTENDANT TO PROVIDING FOSTER CARE AND TO PROVIDE ASSISTANCE IN ACQUIRING LICENSING; TO AMEND SECTION 20-7-1640, AS AMENDED, RELATING TO FINGERPRINTING OF FOSTER PARENTS, SO AS TO AUTHORIZE THE DEPARTMENT TO ISSUE A TEMPORARY LICENSE IF CERTAIN PRELIMINARY CRIMINAL RECORDS REQUIREMENTS ARE MET; TO AMEND SECTION 20-7-2376, AS AMENDED, RELATING TO FUNCTIONS AND POWERS OF LOCAL FOSTER CARE REVIEW BOARDS, SO AS TO REQUIRE THE BOARDS TO SUBMIT WRITTEN REPORTS TO THE COURT THAT ARE DISTINCTIVE FROM OTHER DOCUMENTS IN THE FILE; TO AMEND SECTION 59-63-31 RELATING TO RESIDENCY REQUIREMENTS FOR ATTENDING A PUBLIC SCHOOL, SO AS TO PROVIDE PROCEDURES FOR CHILDREN TO OBTAIN CONTINUED SCHOOLING AT A PARTICULAR SCHOOL IF THE CHILD IS IN THE CUSTODY OF THE DEPARTMENT OF SOCIAL SERVICES; AND TO AMEND JOINT RESOLUTION 157 OF 1997 RELATING TO THE PILOT CHILD PROTECTIVE SERVICES SYSTEM, SO AS TO CLARIFY THAT THE REQUIRED EVALUATION IS THE ONLY EVALUATION THAT MUST BE PERFORMED BY THE DEPARTMENT OF SOCIAL SERVICES IN COUNTIES PARTICIPATING IN THE PILOT, TO REQUIRE THE DEPARTMENT TO ENSURE THAT DATA COLLECTION AND EVALUATION SHALL NOT INTERFERE WITH IMPLEMENTING THE PROGRAM, AND TO EXPAND FROM THIRTY TO FORTY-FIVE DAYS THE TIME

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WITHIN WHICH A DETERMINATION MUST BE MADE FOR A CASE TO BE REFERRED TO THE PILOT PROJECT.
Referred to Committee on Judiciary

S. 597 (Word version) -- Judiciary Committee: A BILL TO AMEND SECTION 56-1-170, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PENALITIES FOR VIOLATION OF A DRIVER'S LICENSE RESTRICTION IMPOSED DUE TO THE DRIVER'S LIMITED ABILITY, SO AS TO PERMIT A PERSON WHOSE LICENSE IS SUSPENDED PURSUANT TO THIS SECTION TO OBTAIN A ROUTE RESTRICTED LICENSE; TO AMEND SECTION 56-1-320, AS AMENDED, RELATING TO THE SUSPENSION OR REVOCATION OF A RESIDENT'S LICENSE OR NONRESIDENT'S DRIVING PRIVILEGE UPON CONVICTION IN ANOTHER STATE, SO AS TO PERMIT A PERSON WHOSE LICENSE IS SUSPENDED PURSUANT TO THIS SECTION TO OBTAIN A ROUTE RESTRICTED LICENSE IF PERMITTED BY THE APPLICABLE LAW IN SOUTH CAROLINA; TO AMEND SECTION 56-1-740, AS AMENDED, RELATING TO THE SUSPENSION OF A DRIVER'S LICENSE OR NON-RESIDENT'S PRIVILEGE TO DRIVE AFTER AN ACCUMULATION OF EXCESSIVE POINTS, SO AS TO PERMIT A PERSON WHOSE LICENSE IS SUSPENDED PURSUANT TO THIS SECTION TO OBTAIN A ROUTE RESTRICTED LICENSE; TO AMEND SECTION 56-5-750, AS AMENDED, RELATING TO THE OFFENSE OF FAILURE TO STOP, SO AS TO PERMIT A PERSON WHOSE LICENSE IS SUSPENDED PURSUANT TO THIS SECTION TO OBTAIN A ROUTE RESTRICTED LICENSE IF PERMITTED BY THE APPLICABLE LAW IN SOUTH CAROLINA; TO AMEND SECTION 56-5-2951, AS AMENDED, RELATING TO ADMINISTRATIVE HEARINGS FOR DRIVING UNDER THE INFLUENCE, SO AS TO PROVIDE THAT A TEMPORARY ALCOHOL RESTRICTED LICENSE SHALL REMAIN IN EFFECT UNTIL THE DEPARTMENT OF PUBLIC SAFETY ISSUES AN ORDER AND SENDS NOTICE TO A PERSON THAT HIS SUSPENSION WAS UPHELD AT THE ADMINISTRATIVE HEARING, AND TO FURTHER PROVIDE THAT AN ADMINISTRATIVE HEARING MUST BE HELD WITHIN THIRTY DAYS AFTER THE REQUEST FOR THE HEARING IS RECEIVED BY THE DEPARTMENT OF PUBLIC SAFETY; TO AMEND SECTION 56-9-430, RELATING TO THE


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SUSPENSION OF A DRIVER'S LICENSE OR PRIVILEGE AND REGISTRATION FOR THE NONPAYMENT OF A JUDGMENT, SO AS TO PERMIT A PERSON WHOSE LICENSE IS SUSPENDED PURSUANT TO THIS SECTION TO OBTAIN A ROUTE RESTRICTED LICENSE; TO AMEND SECTION 56-10-260, AS AMENDED, RELATING TO A FALSE CERTIFICATE OR FALSE EVIDENCE OF INSURANCE, SO AS TO PERMIT A PERSON WHOSE LICENSE IS SUSPENDED PURSUANT TO THIS SECTION TO OBTAIN A ROUTE RESTRICTED LICENSE; TO AMEND SECTION 56-10-270, AS AMENDED, RELATING TO THE OPERATION OF AN UNINSURED VEHICLE, SO AS TO PERMIT A PERSON WHOSE LICENSE IS SUSPENDED PURSUANT TO THIS SECTION TO OBTAIN A ROUTE RESTRICTED DRIVER'S LICENSE; AND TO AMEND SECTION 56-1-748, AS AMENDED, RELATING TO ROUTE RESTRICTED DRIVER'S LICENSES, SO AS TO PROVIDE THAT A PERSON MAY BE ELIGIBLE FOR A ROUTE RESTRICTED DRIVER'S LICENSE ONE TIME ONLY.
Referred to Committee on Judiciary

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

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 3878 (Word version) -- Reps. Pinckney and Lloyd: A CONCURRENT RESOLUTION RECOGNIZING THE MEMBERS OF THE MONTFORD POINT MARINE ASSOCIATION FOR THEIR DISTINGUISHED MILITARY SERVICE TO OUR NATION AND DECLARING THE WEEK OF APRIL 12-18, 1999, AS "MONTFORD POINT MARINE WEEK" IN SOUTH CAROLINA.

H. 3942 (Word version) -- Rep. Walker: A CONCURRENT RESOLUTION TO EXPRESS THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE INDEPENDENT INSURANCE AGENTS OF SOUTH CAROLINA, CELEBRATING IN JUNE, 1999, THE ONE HUNDREDTH ANNIVERSARY OF THE GROUP'S FOUNDING AND TO EXPRESS APPRECIATION TO ITS PAST AND CURRENT MEMBERS FOR THEIR SERVICE TO


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THE PEOPLE OF THIS STATE AND THEIR CONTRIBUTIONS TO THE STATE'S ECONOMIC GROWTH AND WELL-BEING.

H. 3949 (Word version) -- Rep. Sandifer: A CONCURRENT RESOLUTION TO EXTEND THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO THREE MEMBERS OF THE SENECA HIGH SCHOOL "MAT CATS" BOYS WRESTLING TEAM, DERRICK JOHNSON, TONY BUTLER, AND GREG COUTU, ON THE OCCASION OF THEIR WINNING THE 1998-99 CLASS AAA STATE WRESTLING CHAMPIONSHIP IN THEIR RESPECTIVE WEIGHT CLASS.

H. 3950 (Word version) -- Rep. Davenport: A CONCURRENT RESOLUTION TO EXPRESS THE APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY TO MR. JOHN THROCKMORTON OF THE SPRINGFIELD COMMUNITY IN SPARTANBURG COUNTY FOR HIS DISTINGUISHED SERVICE ON THE SPARTANBURG COUNTY TRANSPORTATION COMMITTEE AND HIS MANY CONTRIBUTIONS TO THE LIFE OF HIS COMMUNITY.

ADJOURNMENT

At 12:30 P.M. the House in accordance with the motion of Rep. KIRSH adjourned in memory of Charles Carroll of Rock Hill, to meet at 10:00 A.M. tomorrow.

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