South Carolina General Assembly
119th Session, 2011-2012
Journal of the House of Representatives

Tuesday, May 31, 2011
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The House assembled at 12:00 noon.
Deliberations were opened with prayer by Rev. Charles E. Seastrunk, Jr., as follows:

Our thought for today is from Psalm 31:3: "You are indeed my rock and my fortress, for your name's sake, lead me and guide me."
Let us pray. God of all wisdom, keep us from ignoring Your lead and guidance. Provide for us every needful thing and fill the Members and staff with the desire to accomplish great things for the people of this State. Be a rock of refuge for these people and a strong fortress in doing the work before them. Bless our Nation, President, State, Governor, Speaker, staff and all who support our leaders. Keep them faithful to their task. Comfort and sustain the family of David Umphlett. We offer thanks for his service and ask for Your continued care. Protect our defenders of freedom as they protect us. Heal the wounds of our brave warriors, those seen and those hidden. Hear our prayer, O Lord. 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 ACTING SPEAKER BINGHAM.

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


Rep. LIMEHOUSE moved that when the House adjourns, it adjourn in memory of Representative David C. Umphlett, Jr., of Moncks Corner, which was agreed to.


The House stood in silent prayer to honor the memory of our fellow Representative, Mr. David Umphlett, and to ask God's comfort for his family in their loss.


The following was received:

Findings of Fact

Memorandum To:       Clerk of the House

Clerk of the Senate

Re:   Committee Hearings

May 25, 2011

The Committee to Screen Candidates for Boards of Trustees of State Colleges and Universities finds the following candidate for Boards of Trustees qualified. Background reports from the State Law Enforcement Division show no felony charges against the candidate.

University of South Carolina
6th Judicial Circuit   Hubert F. "Hugh" Mobley

Respectfully submitted,
Senator Jake Knotts, Chairman   Rep. Joan Brady, Vice-Chairman
Senator Thomas Alexander   Rep. George Hearn
Senator Harvey Peeler, Jr.   Rep. David Mack
Senator Yancey McGill   Rep. Bill Whitmire


* * * * *

Wednesday, May 25, 2011
9:30 a.m. - 9:54 a.m.

The meeting was conducted on May 25, 2011, at the State House, Columbia, South Carolina, before Lisa F. Huffman, Court Reporter and Notary Public in and for the State of South Carolina.


Senator Jake Knotts, Chairman
Representative Joan Brady, Vice-Chairman
Senator Thomas Alexander
Senator Harvey Peeler, Jr.
Senator Yancey McGill
Representative George Hearn
Representative David Mack
Representative Bill Whitmire (By proxy)
Also Present: Sophia Derrick


CHAIRMAN KNOTTS: I'm going to call this Committee of the Screening of Boards and Trustees of the State Colleges and Universities to order for the purpose of screening candidates for the 6th Judicial Circuit University of South Carolina Board of Trustees. Does any members got anything they would like to say or add at this time? Okay. At this time, give us a report, Madam Secretary.
SECRETARY DERRICK: Our candidate is Mr. Hubert F. (Hugh) Mobley, the only candidate running for the USC Board from the 6th Judicial Circuit.
CHAIRMAN KNOTTS: Okay. Let me ask you a few questions for the record at this point in time. Did we advertise it? And tell us what the advertisement was and how we did it.
SECRETARY DERRICK: Yes, we did. We have our website now. It was on the internet and it was also sent across the AP wire to all the newspapers in the State of South Carolina.
CHAIRMAN KNOTTS: Okay. And no other candidates except this person?
SECRETARY DERRICK: No one else applied.
CHAIRMAN KNOTTS: No one else applied. Okay. At this point in time, we have Mr. Hubert F. (Hugh) Mobley of 505 Briarwood Road in Lancaster, South Carolina present. If you would come forward, just have a seat at the desk and thank you for coming, sir.
MR. MOBLEY: Thank you.
SECRETARY DERRICK: You need to swear him in.
CHAIRMAN KNOTTS: Please raise your right hand and be sworn in by the Secretary.
SECRETARY DERRICK: Do you swear to tell the truth, the whole truth, nothing but the truth, so help you God?
CHAIRMAN KNOTTS: Thank you, Mr. Mobley. I'm going to ask you a few questions after we go through the formal process. Can you tell us about the background checks?
SECRETARY DERRICK: Yes, sir. A SLED background check showed no criminal charges against the candidate. A 10-year driving record showed no major violations and a credit check showed no concerns.
CHAIRMAN KNOTTS: Thank you. Thank you. Mr. Mobley, do you have any interests professionally or personally that would present a conflict of interest because of your service on the Board at USC?
MR. MOBLEY: I do not know of any.
CHAIRMAN KNOTTS: Okay. Do you now hold any public position of honor or trust that, if elected, would cause you to violate the dual office holding clause of the South Carolina Constitution?
MR. MOBLEY: I'm currently serving as the 5th Congressional District Representative of the South Carolina Board of Pharmacy which I'll resign prior to the election.
CHAIRMAN KNOTTS: Okay. If your seat is determined by congressional district or judicial circuit, do you reside at the address on your driver's license and voter registration and property tax residency statement on a full-time basis?
MR. MOBLEY: Yes, sir.
CHAIRMAN KNOTTS: You reside within this district for which you are seeking election to?
CHAIRMAN KNOTTS: Do you understand that you are prohibited from seeking a commitment until 48 hours after the release of the committee's report? And what's meant by that is once we find you qualified and nominated that you would be prohibited from going to ask for votes or commitments from representatives or senators or have anyone on your behalf go and ask for -- seek votes of support for and commitments for your election to the board.
CHAIRMAN KNOTTS: Until you're released from this committee.
CHAIRMAN KNOTTS: Okay. At this time, tell us a little bit about yourself and why you want to be on the USC Board.
MR. MOBLEY: I'm a 1978 graduate of the University of South Carolina College of Pharmacy. It's been 30 years since the time I graduated. I've been active at the university via the athletic programs and Alumni Association. Have a local campus in Lancaster, South Carolina -- USC Lancaster. It's a growing institution. I participated there in many activities. Most recently, we had a 50th Year campaign, which I was a division leader on fund-raising effort to build a $7 million classroom building which we're getting ready to start. So we got growth in that area and make sure that we provide an access there for students to get affordable, quality education. I feel like that do. I have four children. Two of them went to that campus and then came to main campus, finished and went to graduate school at the university. So that gives me a little bit different of perspective on the access issue and the affordability issue. Also, I've served since 1995 in some various form on the South Carolina Board of Pharmacy. And owning a pharmacy for 30 years as a business owner, gives me a perspective on, you know, the costs effectiveness of running a business as well as what it takes to blend the educational, the regulatory environment in the State, how that translates into the educational process. Also, being a pharmacist, I think it would bring a different perspective to the board than exists today.
CHAIRMAN KNOTTS: Okay. Mr. Mobley, on the tuition issue at the university, have you had a chance to look over the years the rising costs in tuition at USC and other colleges in this State to -- would you like to address that on how you --
MR. MOBLEY: I've notice that there has been an increase due to whatever reasons within these universities. I think it's important to make sure that any increases are understood in light of what parents are going through. And I think that gives me a little bit different perspective having four children, having to educate them myself. So I kind of have a personal vested interest in that. I think, you know, we need to look at all cost-cutting measures available first before that's addressed. Because that filters down the parent that's trying to get accessible, affordable education.
CHAIRMAN KNOTTS: How about out-of-state tuition versus in-state tuition?
MR. MOBLEY: Well I think the University of South Carolina, being a flagship university and touching all corners of the State has its first obligations to the citizens and the students in South Carolina. Obviously, that would be the primary concern, I think, of the university since they are the flagship university. Obviously there is some demand for out-of-state students to come to our university for various reasons, whatever those reasons may be, maybe a competitive program that's not available in their state. So I think we have to look at the balance between those things and make sure that we keep our first obligation in mind as to the people in South Carolina.
CHAIRMAN KNOTTS: Okay. Any members here got any questions for Mr. Mobley? Senator from Gaffney, Senator.
SENATOR PEELER: Mr. Mobley, I appreciate a man of your caliber willing to serve in this capacity. I appreciate that. I noticed that you have a business or business interest in Union County. We have a school there at USC Union and you talked about your interest in USC Lancaster. What's your thoughts on satellite campuses like USC Union. I represent part of Union County --
MR. MOBLEY: Right.
SENATOR PEELER: -- so we're really concerned in that area. They've been now for over a year trying to close that campus. What's your policy on those schools?
MR. MOBLEY: When you compare the regional campuses, you have to look at what people are going through in the economy today. I know in my community, there are some students who would not be able to go off and stay the main campus because the economics. Try to -- they're able to work a job and reach an education through these regional campuses. I think they're important. I think we have to look at the total cost factor. I think it's something that makes the University of South Carolina somewhat unique. I know Clemson does a great job with the bridge program. I think it's important for access and affordability that students be able to go close to where they are. Not all of them are blessed to have the finances to fund an education away from home.
SENATOR PEELER: Thank you, Mr. Chairman.
REPRESENTATIVE BRADY: Thank you, Mr. Chairman. And along the questions of Senator Peeler and Senator Knotts, as an appointee from the General Assembly, would you be accessible to the General Assembly and certainly responsive when we have questions and concerns regarding issues in our respective --
MR. MOBLEY: What -- and I think the letter that I turned in which I think will be distributed to the legislature. I think one of the points that I make in there is that I think it's important for you to represent the university as well as the legislature. Create a working relationship that works for both of you and it would be my plan to provide everybody a contact information for myself, so that if they had concerns or questions, it wouldn't be an obstacle getting in touch with me.
CHAIRMAN KNOTTS: Okay. Senator Alexander.
SENATOR ALEXANDER: Thank you, Mr. Chairman. For all I know you may have already covered this. I was running a little late. You started out at Clemson?
MR. MOBLEY: I did.
SENATOR ALEXANDER: And then you left and went to --
MR. MOBLEY: Momma told me to be a well-rounded individual. No. I --
CHAIRMAN KNOTTS: You started out well.
MR. MOBLEY: I did a lot. A made a decision when I was 18 that a lot of people, you know, following your classmates off to school and think that it's going to be the same. I always had an interest in pharmacy and coupled with the fact that, you know, the environment when I got there wasn't like it was in high school. And my interest in pharmacy, I couldn't afford not to make it.
SENATOR ALEXANDER: And then the other thing, too, I had the pleasure of knowing your dad and working with him and hold him in the highest esteem and regard, so appreciate your willingness to serve, and also notice that you actually are running unopposed for this in an open seat. Value your willingness to serve and other people supporting you from that standpoint.
SENATOR PEELER: Mr. Chairman, I always look at these applicants and try to find an Achilles heel or some kind of negative that I can find about them. About the only thing that I could find negative about him is the company he keeps. You know a fellow by the name of Ronnie Cromer. That doesn't concern you in any way?
MR. MOBLEY: Yes, it does.
CHAIRMAN KNOTTS: With that said, we probably need to adjourn.
SENATOR PEELER: Mr. Chairman, if there are no other questions, I move a favorable report.
CHAIRMAN KNOTTS: Okay. Would you hold that just a moment --
CHAIRMAN KNOTTS: -- and give him chance to introduce his wife and his people that have accompanied him today.
MR. MOBLEY: Yeah. This is my wife, Donna. As Senator Peeler said, she many times passes for my daughter. And I came out on the good end of that. We've been together for over 30 years and I'm very thankful for that. My house member, Debra Long, who came to support and acquaintance of mine.
CHAIRMAN KNOTTS: Thank you. Now we'll entertain the motion from the Senator from Gaffney and seconded by the Senator from Richland. Any other questions or discussion from any other member? Anyone want to say anything? Okay. We'll call for the vote. All in favor for -- in favor of appointment for this gentlemen to the election of the University of South Carolina Board of Trustees, raise your right hand. All opposed? Let the record reflect that it was unanimous.
(Adjourned at 9:54 a.m.)

Received as information.


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

Alexander              Bales                  Bingham
Branham                Brantley               Chumley
Cobb-Hunter            Funderburk             Hayes
Limehouse              McEachern              McLeod
J. H. Neal             Parks                  Whitmire


I came in after the roll call and was present for the Session on Tuesday, May 31.

W. E. "Bill" Sandifer             Don Bowen
Roland Smith                      Merita Allison
Thomas "Tommy" Pope               Mike Gambrell
Chip Huggins                      Phillip D. Owens
Edward "Eddie" Tallon             William "Bill" Hixon
Dennis Moss                       James Neal
Steve Parker                      Douglas "Doug" Brannon
Michael Forrester                 Nathan Ballentine
Michael A. Pitts                  V. S. Moss
G. R. Smith                       Robert Williams
Kit Spires                        G. Murrell Smith
Ronnie A. Sabb                    David Tribble, Jr.
Nelson Hardwick                   B. R. Skelton
Davey Hiott                       Chandra Dillard
Harold Mitchell                   Liston Barfield
Dwight Loftis                     Bakari Sellers
McLain R. "Mac" Toole             Harry Ott
Brian White                       Daniel Cooper
Mark Willis                       Lewis E. Pinson
James Battle                      Kevin L. Johnson
John R. King                      Robert Harrell
Todd Atwater                      William Clyburn
Marion Frye                       Bruce W. Bannister
Boyd Brown                        Mike Anthony
Joan Brady                        Robert L. Brown
Kenneth Hodges                    Peter McCoy, Jr.
Wendy Nanney                      Tom Corbin
Thomas R. Young, Jr.              Greg Delleney
P. Henderson                      Wendell Gilliard
David Weeks                       Grady Brown
James Lucas                       Lonnie Hosey
Karl Allen                        William Bowers
Denny Neilson                     Chris Hart
Mia Butler Garrick                Jerry Govan
Gary Simrill
George Hearn
Derham Cole
Phillip Lowe
Jimmy Merrill   Leon Stavrinakis
Mike Sottile
Bill Taylor
Alan Clemmons

Total Present--92


The SPEAKER granted Rep. DANING a leave of absence for the day.


Announcement was made that Dr. Roland Knight of Greenville was the Doctor of the Day for the General Assembly.

Rep. COBB-HUNTER moved that the House do now adjourn, which was agreed to.


The Senate returned to the House with concurrence the following:



At 12:04 p.m. the House, in accordance with the motion of Rep. LIMEHOUSE, adjourned in memory of Representative David C. Umphlett, Jr., of Moncks Corner, to meet at 10:00 a.m. tomorrow.


This web page was last updated on Monday, November 21, 2011 at 9:55 A.M.