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121st Session, 2015-2016 Journal of the House of Representatives
(Statewide Session)
The House assembled at 10:00 a.m. Our thought for today is from Psalm 27:8: " 'Come,' my heart says, 'seek His face!' your face, Lord, do I seek." Let us pray. God of mercy and grace, establish in each of us the desire to seek Your guidance and understanding. Lord, as we continue to serve the people You have called us to represent, give us a heart full of love and caring to do the right thing. Bless our Nation, President, State, Governor, Speaker, staff, and all who contribute to this great cause of governing and freedom with compassion. Protect our defenders of freedom at home and abroad as they protect us. Heal the wounds, those seen and those hidden, of those who suffer and sacrifice for our freedom. Lord, in Your mercy, hear our prayers. Amen. Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER. After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.
Rep. TAYLOR moved that when the House adjourns, it adjourn in memory of Elizabeth "Lisa" Chesser Hosang, which was agreed to.
The following was received:
TO SCREEN CANDIDATES FOR COLLEGE AND UNIVERSITY BOARD OF TRUSTEES April 19, 2016 The Joint Legislative Committee to Screen Candidates for College and University Boards of Trustees found the following candidates qualified to stand for election to their respective Boards:
The Citadel Letters of Intent received from:
Clemson University Robert L. Peeler, Lexington
College of Charleston/University of Charleston
2nd Congressional District - Seat 4 Brian Jeffrey Stern, Columbia
3rd Congressional District - Seat 6 Edward L Thomas, Jr., Anderson
4th Congressional District - Seat 8 Renee Romberger, Greenville
5th Congressional District - Seat 10 R. Laurin Burch, Camden
College of Charleston/University of Charleston (continued) 7th Congressional District - Seat 14 Penelope S. Rosner, Myrtle Beach (term expires June 30, 2020)
At-large - Seat 16 David Mikell Hay, Charleston
Francis Marion University
3rd Congressional District - Seat 3 Patricia Hartung, Greenwood
4th Congressional District - Seat 4 Jody Bryson, Greenville
7th Congressional District - Seat 7 George C. McIntyre, Bennettsville
At-large - Seat 9 Mary M. Finklea, Florence
At-large - Seat 11 H. Randall Dozier, Murrells Inlet
At-large - Seat 15 William W. Coleman, Jr., Florence
Lander University
2nd Congressional District - Seat 2 Angela G. Strickland, Columbia
3rd Congressional District - Seat 3 Linda Dolny, Greenwood
Lander University (continued)
5th Congressional District - Seat 5 Hester Booker, Union
Medical University of South Carolina
2nd Congressional District - lay member William H. Bingham, Cayce
3rd Congressional District - lay member Charles W. Schulze, Greenwood
4th Congressional District - medical member David Mitchell, Spartanburg
5th Congressional District - medical member Murrell Smith, Sumter
6th Congressional District - lay member Barbara Johnson-Williams, Orangeburg
7th Congressional Dist. - medical member E. Conyers O'Bryan, Florence
University of South Carolina
4th Judicial Circuit Eugene P. Warr, Jr., Lamar
6th Judicial Circuit Hugh Mobley, Lancaster
University of South Carolina (continued)
10th Judicial Circuit Chuck Allen, Anderson
14th Judicial Circuit William W. Jones, Jr., Bluffton
15th Judicial Circuit James E. Burroughs, Murrells Inlet
16th Judicial Circuit Leah B. Moody, Rock Hill
Winthrop University
4th Congressional District - Seat 4 Shane Duncan, Simpsonville
Wil Lou Gray Opportunity School
Three (3) at-large seats Doris M. Adams, Columbia Reginald J. Thomas, Spartanburg
The Candidates are released to seek the vote of members of the General Assembly at 10:00 a.m. on Thursday, April 21, 2016. In addition, members of the General Assembly are not permitted to issue letters of introduction, announcements of candidacy or statements detailing a candidate's qualifications on behalf of a candidate, and are not permitted to offer a pledge to vote for a candidate until 10:00 a.m. on April 21, 2016.
Transcripts of the screening hearings are available Wednesday, April 20, 2016 under Screening Reports on the following website: In accordance with S. 1198, the date for the election to these seats is Wednesday, April 27, 2016 at 12:00 noon in the House Chamber.
TO SCREEN CANDIDATES FOR COLLEGE AND UNIVERSITIES BOARD OF TRUSTEES
Date: Monday, March 14, 2016 1101 Pendleton Street Room 209 Columbia, South Carolina Committee Members Present: Chairman Senator Harvey S. Peeler, Jr. Senator Thomas C. Alexander Senator Robert W. Hayes, Jr. Senator John L. Scott, Jr. Representative William R. "Bill" Whitmire Representative Phyllis J. Henderson Representative Mia S. McLeod Also Present: Martha Casto, Staff Julie Price, Staff
Proceeding 10:01 a.m. We've got some members coming on in. If there's no objection, we'll go ahead and get started for the interest of time.
How many candidates do we have, Martha, to screen this week? Now, if there's no objection, we have Clemson University. First up will be Ronnie Lee, Dr. Lee, from Aiken, at-large seat, expires 2020. He's an incumbent; been on the board for six years.
Dr. Lee, if you would come forward.
Good morning. First of all, I want to thank the legislature for giving me the opportunity to serve for the last six years, probably for the same reasons you serve the State. It is a labor of love to serve Clemson. So I had a wonderful Clemson experience, you know. It was instrumental, and my professional career path prepared me well for post-Clemson degrees. It allowed me to provide for my family, and to be able to afford them an education so they didn't have to graduate with student debt, which they were appreciative of, as I was to my father who worked hard so that I could go to Clemson.
So it's a fun job. It takes a good bit of time, but it also allows me to be on campus at a place that I love, and I loved her.
Members, you have a skinny in front of you. Any questions of Dr. Lee? Dr. Lee, I just want to thank you and the other trustee candidates here. You've got a wonderful school up in our part of the world. I've got two Clemson graduates here, and, of course, I didn't graduate from Clemson, but I've been a huge fan all my life.
You know, how many applications, do you know, that are in?
How does the administration or the trustees go about ensuring that some of our in-state students won't be left by the wayside? At Clemson, our answer in recent years has been the Bridge program, which allows another 850 in this coming class to matriculate to Tri-County Tech, and then upon if they do well there -- and well is like a 2.6 -- I think. And they're guaranteed to be a sophomore at Clemson.
So that's allowed us to add another 850 South Carolina students to be able to graduate from Clemson.
So they actually -- their on-time graduation rate is actually better than a conventional Clemson student. It is actually quite competitive, the Bridge program, because there are 3,000 letters sent out to Bridge students, and they take 850, and it's first-come, first-served. So those letters go out, and they are paying their own line, $750 deposit immediately, to ensure a spot. So it's quite popular.
And, you know, as you might expect, I'm sure there's a lot of getting the same calls from parents who are upset that Little Johnny didn't get in. And it's usually Little Johnny and Little Susie who would get in. But Little Johnny didn't get into Clemson, so the Bridge program is a good option for them, and they do quite well.
(Representative Henderson enters the room.) And good morning, Dr. Lee. I certainly appreciate your service and echo the comments from the representative about, you know, an outstanding institution for serving South Carolina so well at Clemson University.
What is the biggest challenge that you see -- briefly, the biggest challenge you see facing the University today? And I said, "Well, I'm majoring in dairy science."
But, as you know, the emphasis on the agricultural of our community is diminishing some. But thank you for your interest in trying to look into the possibility of a vet school at Clemson, and I appreciate you working with us on that. I very much think that we need one in this State, and Clemson makes -- it makes all the sense for it to be at Clemson, I think.
I know I tell people all the time, people spend a lot more money on their dog's teeth than their own teeth. So I think there are plenty of people wanting to be veterinarians.
Now, what's the desire of the Committee?
All in favor, say aye.
Thank you.
And up next, Louis Lynn from Columbia, incumbent, and on the board since 1988, 28 years. As you said, I've served on the board for 28 years. And like Ronnie and everyone else, it's a labor of love, but for me, as a South Carolina citizen and a Clemson grad, it's a way for me to pay my civic grant to give back to what's given so much to me. I'm that dad that my child -- I live here in Columbia. My child wanted to go to USC. I'm that dad that said the check is going to Clemson. So she went to Clemson.
But I support all the universities in the State, but Clemson has been good for me and my family, and this is what I can pay back.
Representative Whitmire. And so I mentioned my daughter going to Clemson. And for my -- there's still classes that don't have minority students, and diversity at Clemson -- I don't know if I could get into Clemson today. We've raised our standards, and smart African American kids can go a lot of places, and diversity is an issue because of scholarships. You know, in the circles I run in, my church for instance, black youngsters are just given scholarships to go to other schools, and, frankly, parents follow the money. So we just need more scholarships to increase that.
Folks love wearing the Clemson ring. For me, as I've been around the world, the Clemson ring has been an asset, but for families, they follow the money. And we just don't have enough scholarship money to be competitive, and we have a very valuable degree.
Good morning.
So, you know, I'm the ad guy, but -- so we sell service to cows and plows guys -- excuse me, Senator -- the cows and plows guys, but we also service industry. And we've attracted from my -- it was almost an embarrassment to talk about business 28 years ago in the University, but now we partner a lot with industry, and we take credit for bringing the BMWs -- for being a part of the BMW's decisions to come to South Carolina.
I want to ask a question -- Let me ask about the board. How many members are on the board?
I should know this, but I don't.
Thank you. And so then that applies to large animals too. I know that the pets -- but the large animals. And as Ronnie said, there's no need for -- you know, there's no need for those kids to have to compete to go to other schools. And, again, once they leave, it's tough to get them back home.
And there's a big need, both large animal and small animal. We shouldn't have to try to put our kids off to other states.
All in favor, say aye.
Thank you for your service, Doctor.
Bob Peeler, incumbent, 13 years service on the board.
Does the committee want to swear me in and let me testify on his behalf?
Good morning, Bob. If you would -- do you swear to tell the truth, the whole truth, and nothing but the truth, so help you God? And I have served over a decade on the Clemson Board of Trustees, and I think I bring a common-sense perspective to the board. I think Ronnie and Louis will tell you maybe too much sometimes.
But I graduated from Clemson, my two brothers graduated from Clemson, and my sister graduated from Clemson and my two children have. And I feel like it's a way to give back. We were raised to be involved in public service, and I can't think of a better way to serve the public, to serve the families of South Carolina, than serving my alma mater. Any questions or comments?
Representative Whitmire.
What challenges do you think Clemson is going to be facing in the near and distant future?
But Clemson is like a big family, and I think that's one of our attributes. But I think, frankly, sometimes we kind of forget that, and we need to focus on that and do our part to keep it affordable for working families in South Carolina. I think that was Thomas Green Clemson's intent, and I think that's what drives us today and that's what should drive us today. You mentioned Dr. Clements, our new president. He's doing a very good job. He gets the land grant mission that is our challenge. And I grew up in an agriculture family and am proud of that.
And I remind my fellow board members from time to time that we don't need to lose focus of agricultural too, and I think Dr. Clements is doing an outstanding job of focusing and refocusing on that part of our mission. And they said, "Well, how will he take it?" I said, "Not that good."
And I have a twin brother, Bill, and Senator Peeler said it took two of us to make one of him.
I said, "I'm going to call mama." Well, later on, after I left office and President -- then-President Bush came back to address the Joint Assembly, Harvey was on the escort committee. And from what I understand, President Bush called me Bobby. Not that he and I called each other that often, but he asked Harvey -- he said, "What's Bobby doing?" He said, "Bobby's doing the same thing your brother Jeb's doing." He said, "What's that?" He said, "Wishing they were us."
I said, "Can't you picture Harvey saying it?" I said, "I'm afraid I can." He said, "What's that?" I said, "Wishing he was his big brother."
He said, "I'm going to call mama right after this meeting."
Representative Henderson.
Well, thank you for your service. I think I was actually thinking I probably have an old Peeler, you know, T-shirt somewhere in a drawer somewhere. I saved all those old campaign things.
And to my dismay, Clemson is on the very, very low end of giving merit scholarships to students. And I know some of it is very competitive, and you're doing real well, you know, to get in these days, but that's a little of a concern to me because I just feel like you may be losing a lot of in-state kids who are going other places because they're getting more money.
Senator Alexander. Kind of following up in that area, are you comfortable with where we are from the standpoint of the in state/out of state? I mean, is that a good match? Is that kind of where we've been?
And certainly Clemson has, I think, a better track record than many of our state institutions do, but, I mean, I guess it gets back to accepting South Carolina students.
And people say all the time there's just something about Clemson you can't quite put your finger on. And if you've ever been on campus, ever attended Clemson, there is something about Clemson. And when all the things that we think about and all the details that we work on, the most important thing, I think, is that we keep Clemson, Clemson.
Good morning.
We have more work to do in that, and one of the things that we are focusing continuously on and should, and it's one thing that our president, Jim Clements, is certainly focused on, Max Allen, the chief of staff, has been working as the interim diversity officer, and we have a new diversity officer coming on board. We're looking at everything from Emerging Scholars to Call Me MISTER, some of the things we can build on and to go into the areas that we need to work on, and we're committed to do that, and we should be.
And I think we're doing a good job of that. We need to do a better job of that, and I think the recommendations from the task force are going to lead that, not only in the short term and the middle term, but in the long term. And it's not something that -- it's not a book that's going to gather dust on the shelf somewhere. We're committed to doing it better.
Senator Alexander.
All in favor, say aye.
Next, College of Charleston. First up, Cherry Daniel, Charleston, Seat 2, expires 2020. She's been on the board 20 years. It's hard to believe. I just -- very briefly, I want to thank you for the support that y'all have given the College of Charleston over the years that I've served on the board. There's been a lot of tough decisions made by the General Assembly, but you've been very, very supportive of our school in the Lowcountry, and we all very much appreciate the many efforts you've gone to. I've thoroughly enjoyed serving my 20 years on the board. It's been a pleasure. Again, it's giving back. I'm an alum at the College of Charleston, and during my tenure we've added many majors that -- what I would call enhanced workforce development, economic development in our area. There are majors such as professional studies, supply chain management, accounting, literacy education, sports medicine, African American studies. The list goes on and on. And those majors direct -- will be able to place a student, once they finish, into a very nice-paying job. And that's what it's all about, is to educate our workforce, particularly in the Tri-County area because it's booming, as y'all know, with the Boeing, with the Volvo.
And really it's enhanced our community a great deal. We're now, I think, a key player in our community. And so we're going through that. As painful as it is, we want to make sure we have no fluff and that we're spending money wisely and reasonable. And so we have to keep our costs down. And I think all the gentlemen from Clemson -- well, I think it's all of -- everybody has a say in the tuition and the health of the school, and that's one way you can look at it, is to make sure that we keep that tuition down and so it's not prohibitively expensive for students to attend there. And we don't want to see the students coming to our school and walking out the door with $100,000 debt. So we are a lot more aggressive in the areas of development, the scholarships and such.
But I think our school is very healthy. I really do. And it's getting healthier.
Having two -- two of my children are graduates -- I serve on the Lowcountry Graduate Center Board, which is two trustees from each school in the Tri-County area. But the College of Charleston North Campus is to serve people in the upper part of the counties, like Colleton County, Berkeley County, Beaufort, or wherever. It is conveniently located off of I-26. 526, actually. And what we aim to do is parking is not a problem. You'd be glad to hear that.
And so we have a lot of programs that are being -- particularly for the adult learner, you know, being pushed and being placed on that campus so that we won't have a lot of -- well, mitigate the parking problem a little bit down in Charleston. That level of comfort -- and you may want to go back and talk to some staff. That level of comfort doesn't help the school to get to where it really needs to be. People were careful in how and what they said rather than kind of laying it on the line for what it is.
It's a good school. It's a great school.
What do you think can be done to improve that, and in looking at where the college is in terms of terms of its racial mix, especially with African American students? Since I've been on the board for 20 years -- we were 3 or 4 percent when I got on the board. Now we're 7 or 8. What we're trying to do is, of course, get scholarship money -- you know, scholarship money for the diversity, to increase the diversity, and that is a tough thing. It's a process, not an event, so it's going to take a while. We also have a diversity department. We also have a diversity task force that's working on that right now, and it's going to bring some suggestions, some doable suggestions, to the president and to the board. And I think their report is due -- I believe it's in the summer, if not sooner. But I think that, you know, a big thing is to not only increase the diversity of the student body, which I think is improving, another issue that our president has implemented -- and we will see the fruits of that labor probably this year -- is that if you're in the Tri-County area and if you're at the top 10 percent in your graduating class as a senior, you will automatically become enrolled in the college. And I think that's a big, big step forward, and I do believe that's going to yield some very positive results in helping increase that diversity. But it's not only with students that I'm concerned, our facility, you know, I think that we -- you know, it's tough. I mean, you know, it's not like it's a -- they're millionaires down there, I mean, in Charleston. The diversity of the faculty, it's improved. And I see that we can do better, and I think our president -- well, I know our president is very committed to that, very much so.
So we're making some -- a lot more progress in the last two years than we've had probably in the last eight.
And so unless you bring some numbers --
And so to become really competitive --
Well, you know, we also have a very aggressive campaign going on, the Boundless Campaign --
So, yeah, thank you. Thanks for sharing that. He's done a terrific job. He's just what we needed at the time we needed him. He has allowed people, staff members, faculty staff, for their input. He's very open. He helps. He has them, which is great, come before him to talk about budget. Before, they never really had a big say-so in budgets. So he's really opened the lines of communication tremendously on budget.
He's a good, sound manager. He's just -- he's got a lot of common sense, and he's smart. All of his decisions are very strategic, and he listens to the board, and the board listens to him, and he's been a jewel. He's probably one of the best presidents we've had since I've been on the board.
What's the desire of the Committee?
Thank you for your willingness to serve, Cherry.
Good morning, sir.
Serving on the board of trustees will enable me to give back to my alma mater, which has given so much to me. My parents instilled in me the virtue of working to improve, not only my personal welfare, but also the general welfare of my community. Personally, as an alumnus of the College of Charleston, I cannot think of a form of public service more important to improving my community than to seek the opportunity to make a difference in moving the college forward in a positive direction necessary to improve the future of my state and my community. Thank you.
Any questions or comments for Mr. Stern?
So no, it would not --
Do you have the time to commit as a member of the board of trustees?
Welcome, Mr. Stern. You know, I think the first day that, you know, when I answered that question on my application, it was tough for me to find a weakness right off the bat for the College of Charleston. It's somewhere that is dear to my heart, and I have the chance to really dive into, you know, the problems, the pros and cons of the school, to sit down and learn from the other board members and get better acquainted.
So when looking at that question, I thought a weakness might be in order to raise funds would be to tap into the younger generation, such as myself, and get them more involved and also to get them more excited about the college and giving back to the college.
What involvement, if any, have you had with the school since you graduated?
I lived in New York City for a brief time, and I was involved with a very small alumni program up there, but, you know, other than attending alumni events, I haven't had the chance to yet, but look forward to the opportunity.
Senator Scott.
All in favor, say aye.
Thank you for your willingness to serve and --
Do you swear to tell the truth, the whole truth, and nothing but the truth, so help you God?
I've enjoyed serving my one time on the board. I had a daughter that went to the college and graduated. I think a lot of the good things that have happened to me in my life are a direct result of the college experience and the education, and I'd just like to give back now and try to preserve the college as I know it. I think there's a lot of pressure on it to change in different ways, but I'd like to preserve it. Any questions?
Senator Alexander.
I want to be consistent for any of the trustees on their -- in the standpoint of giving the assessment of characterization of the job that the president at the University is doing.
And I think it's actually running a lot better now.
I know when ex-Senator McConnell and Lieutenant Governor McConnell was first elected, there was a lot of -- I don't want to say animosity, but there was some anger involved. Has that kind of gone by the wayside now or --
He does an excellent job of listening to people, and I think that -- and he really focuses on the problem and he handles it. And I can't say in words -- anything can be said, but I'll let you know how happy I am with his job. Just consider that said, because it's been great.
And Cherry mentioned the Top Ten Percent Program. I think that's in seven counties. She said the Tri-County area, but I think it includes Orangeburg and Williamsburg and -- I can't think of the others.
I didn't ask whether or not that 7 or 8 percent or what percentage of that was out-of-state students. I anticipated that probably a good percent of it was out-of-state students. Or do you even know that answer? When I hear -- and y'all were the second -- Clemson said the same thing. College of Charleston said the same thing. Francis Marion is a little different. Their numbers are a lot larger, but when I hear that, my question is, What are they doing different that the College of Charleston is not doing to be able to keep the students here? Is it SAT scores? Is it what the school offers in terms of curriculum? Is it the way your recruiters recruit them? Are you recruiting in the same places? Is it lack of diversification that relates to staff?
I mean, what are the real issues in that we can make some changes so our students begin to look at South Carolina schools, other than athletics?
Senator Hayes.
I understand you're a dentist; is that correct?
What's the desire of the Committee?
All in favor, say aye.
Thank you for your willingness to serve, Doctor.
Do you swear to tell the truth, the whole truth, and nothing but the truth, so help you God? I'm a proud graduate of the College of Charleston and a firm believer in the value of public service. And I believe if you're going to serve publicly, then you've got to make sure that you have a passion for the cause. And I have two passions in my life: one is health care, and one is education. And I've been very blessed to have the opportunity to spend my professional career in health care and to spend my volunteer service supporting higher education in South Carolina. I have been a loyal supporter and contributor to the college since I graduated in 1981, both in volunteering from a leadership standpoint and philanthropically in giving to the college.
And so I really feel very blessed to have been given the opportunity to serve as a trustee three years ago, and it has been an extremely rewarding experience for me. It's a lot more complicated and complex than I thought it was going to be, to be quite frank, but it has been a great three years, and I look forward to serving a second term if given the opportunity.
Representative Whitmire. I notice you say that funding, obviously, is an issue, or lack of. Now, you say, "The college needs to expand its student base to attract the nontraditional student."
Give me your definition of the nontraditional student. I think there's huge potential for the nontraditional student to be able to expand any moment at the College of Charleston without degrading the integrity of our undergraduate program downtown. You mentioned earlier that we're squeezed into the downtown city of Charleston with very little parking.
And so one easy answer would be to let's grow undergraduate enrollment, and that will feed the pipeline financially. But I think we need to preserve the integrity of our school, and our school is not meant to be a 40,000-student school. I think we are a liberal arts school, and we need to preserve that, and we need make sure that we give folks the opportunity to have that close-knit relationship that they have with the faculty and the students of a smaller-type campus.
And so his focus is really around marketing. In fact, he just introduced a new program for men and women who serve as practice managers in physician practices to go back and get an advanced certificate in practice management, which is huge in my health-care world, and it's a great opportunity. And he has a marketing mind, and I think what he's trying to do is understand what the needs are in our community and in our state and then build programs to match that.
Good morning.
Again, being consistent, I know there were some -- as Representative Whitmire said earlier, I mean, the concern of a new president coming on board. Would you give me your assessment of the job that your president is doing? I had the opportunity to chair the Institutional Advancement Committee for the college. And so I serve on the foundation board as well as on the board of trustees. And I was asked to speak to what the president was doing at the college because there was some unrest when he was elected. And the comment I made to them as to, you know, what I think about the president, I think 3 "L's." Number one, he loves the college. And when you have a president who loves the University -- he's a graduate; he's loves it -- it shows through in his work. Secondly, I think what he did when he came in day one was listen, and that was really important because we had a lot of people who had issues and concerns and fears. And what he did was spent his initial time as president of the college listening to not only staff, but students and faculty, community leaders, around what are the biggest needs for the College of Charleston. He met with each of us individually as board of trustees members and said, "You tell me what your biggest concerns are and what your biggest goals are." And he took notes, and he allowed us as long as each one of us wanted individually to express that to him, and I appreciate that.
And then, lastly, I think he's been a very visible leader, and we needed a leader. I think those of you who have seen the college over the past ten years maybe have commented or sensed a little lack of direction at the college, and we needed somebody to come in and be a strong leader, and he's done exactly that.
What's going on in the health-care area as far as the College of Charleston?
And so we have a lot of kids in college right now majoring in public health and health and human performance, and our dean, Fran Welch, is doing a great job advancing that program and leading those efforts.
The question again, Your plans for increasing both African American students, as well as the staff ratio there at the college? Since you're 7 -- 7, 8 means there's about 7.4 or 7.2 when they hear the 7 or 7, 8. They always push the ratio up a little more than --
So the numbers I have show that we're at 8 percent, and that's not nearly what it needs to be.
So I think it is because there was an understanding and a commitment, because once you identify something as being an issue and something you want to make improvement on, then I think you're going to see movement. And I think it is very much a commitment at the college, and we've got to continue to stay --
And I think that's -- as a public institution, I think we have a responsibility to educate people in South Carolina. And so I think -- twofold. One is, we've got to increase our recruitment efforts throughout the State. And secondly, we've got to focus on soaring retention. I'm equally concerned. I had the opportunity last year to mentor a young lady, an African American first-generation student in business. And she was a Schottland Scholar, first African American Schottland Scholar that we've had at the College of Charleston. And so I spent a lot of time with her just listening. "Tell me the struggles that you're facing at the College of Charleston as an African American student." And she talked not only about increasing the number of African American students, but also building a network where it's safe and exciting for African Americans to want to be on that campus.
And so it does require us to increase our recruitment efforts. I like your opportunity of going from top 10 percent to 25 percent --
The other part is the 600-or-so-odd students. With that group moving from 6- to 800, whatever your number is now, it's most likely other members of the family will attend the school.
I shadowed an African American young lady last year, and I shadowed an African American professor this past fall. We need to make sure that we're talking to staff too, because as trustees, we don't always hear what's going on on the frontlines. I mean, I've not had anybody that I've -- and I've shadowed every single year, both semesters, but I have not had anybody who wasn't -- who didn't feel comfortable being honest. And I'll be honest with them. They ask open questions about trustees, because oftentimes when you're elected to an office, there's this wall that seems to exist between you and everybody else.
And so I'm an open book. Ask me any question. And so we've had really good conversation, and I think that's important for us as trustees. We've got to be listening. With the Avery Institute, they are doing an awesome job and with the school of diversity -- I mean, the program, the diversity office increasing the number of programs, the conversations that we have, and we just have to stay focused on it.
I think Cherry mentioned that we do have a diversity committee. The board of trustees right now is looking at what we need to do to expand diversity, and they're going to be coming out with recommendations. Thank you, Ms. Romberger, for your service. Ms. Romberger is actually a constituent and a friend of mine. So I really appreciate all of her input and work. She works very hard.
Let me ask you a question going back to the conversation earlier about, you know, some of the issues last year and the year before when y'all chose a new president. And I know that there was a lot of concern that there would be an impact on fundraising and the endowment and all that. Has any of that really actually come to, you know, really -- has there been an impact in that regard? And so we had a couple of folks who dropped off the foundation board, and we had some folks who retracted their commitments to the college. But now we're back to where we were before and even beyond that, and I think that's important. You know, it's not easy. I mean, you're in the same position. You've got to do the right thing, and you've got to make the right decisions, and sometimes 100 percent of the people aren't going to support that. And I think the foundation has grown beyond that.
We've got great leadership in the foundation right now, and we just capped off a $125 million capital campaign and have exceeded that goal. So I think that is -- and President McConnell and Bill -- I mean, Steve Swanson co-chaired that capital campaign, and I think it really speaks to the fact that people believe in the leadership of the college right now.
But thanks for your service. Motion is a favorable report.
All in favor, say aye. Let me swear you in.
Do you swear to tell the truth, the whole truth, and nothing but the truth, so help you God? Good morning, everyone. Thank you for all that you do. I know it's a Monday and y'all are here, so we do recognize the hard work that you put into this, screening all the candidates for all state institutions. And my background is in law, but I also have a real desire and an interest in education because I believe that is the answer to many of our culture's problems. And I've enjoyed my three years on the College of Charleston board. Before that, I was on the Lander board for eight years, and I really did enjoy that. But it's very difficult to get from Manning to Greenwood. It was a lot of zigzagging and time involved.
And so I always wanted to get back to the College of Charleston, and when my mother retired from this seat that she had held there, I had the opportunity, and thankfully you all elected me. So it is my desire and it would be my honor to be reelected in this position.
Senator Hayes.
And I know you're going a great job, so I just wanted to poke a little fun at you. But give my regards to both of them, if you would.
Tell me about your plans for the College of Charleston. You've been there three years. That's wonderful. That's great. You're right, because those kids could basically go anywhere. But the other thing that is part of that pilot program that will just start in this fall -- so the application process is going on now, but the acceptance process and all that. The students would come in in the fall. There is a large mentorship portion program of that pilot program, so it's not just to get the minority African American students there. It is to get them there and keep them there. Because what we have discussed -- I don't know that there's been a study on it, but several of the board members have had the opportunity to get to know young African American high school students and really try to promote the college to them and do things and make calls and try to get additional funds for them. But even when you get maybe even more money for them, they're still going to choose to go to Carolina or other schools where there are more African Americans there because it stands to reason, they want to be with other people who are of their same race. And so that is something we need to address hoping that this program will allow us to move up from, I think, a 7.7 percent. We're rounding it up to 8. But that will allow more students to come and then more students to come and more students to come. The same is true for staff and faculty. I think we're at 33 percent African American for faculty -- I'm sorry. I mean staff. And 13 percent for faculty. Those numbers need to rise so the African American students and the minority students that come in to the college are taught by people who they are familiar with. So it is something that we are definitely looking into. One of our board members, John Bush, is the chairman of a new committee that we have that is looking into diversity, not just African American, but the whole gamut. He had the opportunity to go to the Furman Diversity Initiative program. I have done that and also has Trustee Romberger. It is a really enlightening program. It's a really neat program that Furman does, and we are focused on that. It is discussed at every board meeting. He has a report at every board meeting.
But as one of the board members mentioned earlier, it's not something that is going to happen overnight. It's is going to be a gradual thing where minorities feel welcome and want to come.
And so I'm hoping you guys just kind of rethink this process if you're really serious about recruiting and getting some students in there. Thank you so much.
Good morning.
Two things. I'm going to go with, first, having been on the Lander Board and now at the college of Charleston, what is the biggest takeaway, or has there been anything that you've been able to bring to that experience from that experience at Lander? And so that was something that took me a while to get used to, and now we're back with a strong leadership in Governor McConnell. President McConnell came in. It was not the easiest thing for the board, but sometimes the best thing is not the easiest thing to do.
He has come in and worked very hard to establish relationships, because nothing is going to happen unless you establish relationships. And that's what he's worked very hard to do. So we're back where it was just like at Lander. One of the opportunities I've had is to shadow a faculty member who was a female faculty member in the education department. And she was one of the most vocal critics of the president and wrote several editorials that were -- while well-written, they were rather harsh. And so I worried so that that would never come to have a relationship between the two of them. Now they're great friends. They have open lines of communication, and she's one of his supporters.
So, like I said, when you listen and you have an open mind, good things will come from that.
Thank you, Mr. Chairman.
We have a really well-thought-through budget. It was less than a 1 percent change, but 38 or 39 out-of-state students that don't come when they say they're going to come makes it difficult for us to make our figures work.
And so they probably posted those larger -- what I believe is a large deposit at several schools and then chose to go to other schools.
What's the desire --
All in favor, say aye.
Please give my regards to your mother and your father.
Do you swear to tell the truth, the whole truth, and nothing but the truth, so help you God? I am so honored to be here and to be given this chance to be on the board for the College of Charleston. My first passion is education. I have taught college English for 22 years. I started teaching at Trident Technical College in Charleston, and I had the nontraditional student. And I also taught at The Citadel. I'm not quite sure what we say about the cadets, but it was a good experience. And then we moved to Horry County, where I taught for 19 years. My passion, like I said, is education. It is helping students. And I find that I am in Charleston a lot more. So I'm very thrilled at this opportunity.
I also grew up -- my father and grandfather were dairy farmers on the Stono River on the Church Flats right around the corner from where Dixie is. So I'm very thrilled that the college has that property. So I understand how -- the importance of hard work, and I understand how difficult it can be for students to go to school and to come from rural areas. Even though I consider myself a Charlestonian, I'm a country girl, and I understand how difficult that is.
I had a professor tell me right when I started teaching that if you can get a post-adolescence, a high school student to an early college student -- and they don't have to be a Rhodes Scholar, as we discussed, but if you have confidence in them and a relationship and encourage them, that student will soar. And that has been my philosophy for 22 years with teaching.
Welcome. I noticed just about every one of the trustees mentioned being landlocked is pretty much a major problem, and I certainly understand that when I was getting my two children enrolled. But when the student is from South Carolina, they want their car. More northern students don't bring their cars down. At least that's what I found when I taught at Coastal. So that makes for a bigger problem. There is parking on the Battery, which is free parking for students. And I know that that neighborhood tried to stop the parking there because it's -- you know, it's cars that are constantly there, but Mayor Riley didn't allow that. So there is free parking there; otherwise, it's a garage.
And street parking is a problem. I have a house in downtown Charleston, and I pay parking tickets too. And good morning and thank you for your willingness to serve.
Two things that you've mentioned here on your -- why you'd like to serve on the board. And one of -- the second one you referred to is the importance of a positive relationship between the school and the surrounding communities, and you've talked about owning property there. Is there not now a good working relationship or positive relationship between the community property owners and the college?
And there were issues. I've been back in Charleston part-time for about three years, and I think it is much improved.
So where did you teach college English?
Okay. Thank you. Thank you for that work as well. I notice some of my colleagues don't quite understand important diversity as it relates to colleges and universities and what it does overall just outside of just the college itself when young people go into the world of work and how easy it is to get them to adjust quickly.
The area of English, math, and science is always an issue as it relates to recruitment. What do you think you bring to the table to really help the real discussion at the school to improve diversity, as well as recruiting new students to come to your campus?
And that comes with openness and making them feel a part of it by encouragement, like I said, giving them confidence that they will succeed there.
Just to kind of expound on what Senator Scott just asked about diversity, one of the things that Ms. Land Welch also mentioned was the Riley Institute and the DLI program, which I have also been a part of. And I'm just curious about the number. I'm not sure if she mentioned that other board members have also gone through that program, I think. Have you?
And I believe -- And I'm a firm believer that diversity is key when it comes to improving South Carolina. So I appreciate that.
And is that something that you would be willing to recommend, that your colleagues on the board kind of go through that program and experience that process? I think it would be beneficial.
Okay. All right. Thank you.
All in favor, say aye.
Thank you for your willingness to serve.
I'm going to swear you in. I don't know if y'all have this circumstance in your life, but I had a very strong mother-in-law who was an alumni of the College of Charleston, as I am, my wife, and two of my brothers are all alumnus. And she, my mother-in-law, volunteered me many years ago to serve on the alumni board, and I was grateful that she did. So I served on the alumni board, eventually served as president, and I served several terms on the foundation board. I was vice president when I resigned to serve on the board of trustees.
Now I serve on the board of trustees. So I've seen a lot of what's going on at the College of Charleston. A lot of my success in life is directly attributable to my experience at the college, and I am very fortunate to be able to serve and give back to our community, as well as to my alma mater.
Senator Scott.
In terms of recruiting, Charleston has a tremendous African American population -- And we, for example, two weeks ago, the College of Charleston bid on property near Tecklenburg. It opened up property underneath the overpasses that would allow us to park under there. We haven't heard the results of that bid yet, but that would be another opportunity where we would be able to relieve the pressure on parking, which if there is an issue in the community that I live and work in, it probably is parking. Our relationship with the citizens of Charleston has improved tremendously over the years. I believe that a large part of that can be further improved through a Park-N-Ride system. I was a day student when I went to the college. I worked in the afternoons. I drove in every day. If I had the ability to park at Patriots Point and ride a bus to work and probably do my homework on the way there, I think that's a great program that we can expand on and do very well.
We have remote sites in Summerville and West Ashley. So it's a program that's working but could be expanded on.
So that's a demonstrated consistent line of improvement, and I think everything that you've heard my fellow trustees speak about, coupled with really aggressive effort by President McConnell, I believe we are making great strides. We're committed to it. I mean, you've heard it from all of us.
Good morning, sir.
Again, your assessment, having been there, and the opportunity to have to work with basically your relatively new president in the job and assessment of his work for the students and the board? So from the start I was supporting Dr. Encarnation. Eventually we elected President McConnell, and many, many people told me during the process, "Please elect him. You'll be so amazed at what a great job he'll do for y'all." And he truly has. I have met with him, as we all did, and told him of my support for Dr. Encarnation so there wouldn't be any kind of confusion. I said, "You're the man now, and I'm willing to work with the man." And I've been very pleased.
And he really has been open and committed not only to diversity, but also bringing a small businessman's approach to the finances of higher education. We do have challenges with enrollment and budgetary challenges, but he is approaching it as a businessman would and realizing sometimes cuts have to be made that can be painful. But a small cut is not too big a price to pay when you're looking at the institution at a whole.
State Fleet manages the vehicles and -- for the College of Charleston. So whether it's The Citadel, College of Charleston, MUSC, and countless other agencies, we do work for them.
We had the founder of PeopleMatter speak at our Rotary Club a while back and he said he could take 200 computer science graduates a year. Again, this is within our regular college, and at the time we were only producing I think 23 or 24. And the ability to recognize needs within our community and respond to that by adding professors, adding classes, demonstrates a flexibility that I wish we had more of, and within the university, the ability to offer graduate degrees that are -- sometimes we may not even know about them yet, but there's a changing demand, and I think that allows us to respond to that demand. The law school would make sense if it made sense for all parties. If the legislature said we need y'all to do this for us, if the law school said we need a partner, and then if the College of Charleston said we need that, then I think that's an interesting thing to consider. It didn't come to pass.
But, you know, when you have the Medical University, you have the College of Charleston, you have The Citadel, all great institutions, it seems to me that there should be more opportunities for synergy and cooperation. And those would be the kind of areas that I think we should really expand the study to see, you know, how can we cooperate better to provide a better quality education for the citizens of South Carolina.
Senator Scott.
What's the desire of the Committee?
All in favor, say aye.
Thank you for your willingness to serve.
(Discussion off the record.)
Now we have Winthrop. Janet Smalley from Walhalla. I'd like to swear you in. Will you please raise your right hand.
Do you swear to tell the truth, the whole truth, and nothing but the truth, so help you God?
Would you like to make a brief statement on why you would like to serve on the Winthrop board?
I'm deeply committed to public education. I was a public educator for 35 years and then did consulting for the Department of Education here and for the U.S. Department of Education.
Representative Whitmire.
I'd just like to say that I have personal knowledge that Ms. Smalley has done an outstanding job as trustee. My eldest daughter graduated from there, as did my mother. It's an outstanding school, and thank you for your service.
Senator Scott.
What are y'all doing that the other schools are not doing to attract students who want to come to Winthrop?
When you look at scholarship and spreading the scholarships among those students that's coming to Winthrop, has scholarships been the big issue or just recruiting good students who want to come to Winthrop? And so I think that's another part of it. So that's a recruitment and retention issue in that particular task.
But we do have a lot of need-based scholarships. In fact, I have one that is geared toward first-generation students, which I am, and to students with financial need, which I certainly did.
Senator Alexander.
Good morning.
I've noticed here you're talking about the biggest weakness is the blending, I guess you would call that, of the liberal arts education versus the career market economy. Are you making strides in that regard? Have y'all had a lot of economic development up in the Winthrop area? Are y'all partnering with those opportunities? Traditionally Winthrop has been a strong art school, but with the rise in digital media, he saw the need for a blended major in media arts. And that was one of the first ones that I had the privilege of, you know, being a part of and working with and having some oversight into. Since that time, Winthrop has expanded its science program tremendously. Winthrop does more undergraduate research than any university in the Southeast, and truly that was one of the reasons that Dan Mahoney was interested in Winthrop when he applied. The amount of undergraduate research is unbelievable down in Sims Science Building. Business, the same thing. We have a trading floor, an actual trading floor, in the business building at Winthrop University. We recently, at the last board meeting, which was Friday, passed a consortium agreement with some of the area universities that are in the bordering area of South Carolina into North Carolina to be more collaborative about what we do so that we can address the economic needs of that immediately area. And then the last thing I would say, that another strategic working group that Dr. Mahoney established was called a Program Mix working group, and what they're looking at is exactly -- pointed to your question, they're looking at what are the economic needs of South Carolina, what kind of jobs are available, how can we link with community colleges and community-based needs to respond to those needs.
And, again, that group ended up with about seven recommendations of programs for Winthrop to look at that we already have the facility for that we would have to not do a great deal of financial investment in to be able to put forth programs that are cutting edge and kind of things that really will prepare our graduates for the future.
We do have a lot of students, you know, who are so close to the state line of North Carolina. We do have a lot of students who come in for -- an example is Winthrop has a collaborative agreement with ROTC at UNCA -- or UNCC. Excuse me. Those students do some work on our campus and back, you know, in the other direction as well.
I know Coastal Carolina is doing a great job with it. And then, Jamie, our president who is no longer at our university, she did a full-blown study on that. That was the charge of our athletic director, and it was: What's the cost if you go scholarship? What's the cost if you go non-scholarship? What's the cost of salary, and what's the cost of uniforms? I mean, it was very, very detailed. That study is ongoing. We have recently learned that one of our issues will be -- if Winthrop started football next year, it would be Title IX, because we have about 65:35 female to male. If we instituted a football program, we would be out of alignment with Title IX guidelines.
So it's not quite as simple as it might seem. There's a lot of things that impact on this.
But these days the latest thing we've looked at that is problematic is that Title IX issue.
Senator Scott, do you want to offer a couple million?
I would say to you the most important thing is to educate, and I think y'all are doing a good job looking at what your percentages are. And to walk in this room and say you're doing 33 percent when the other schools are much, much, much larger than you and their percentage is for recruiting a faculty, staff, and students so low, you guys are just being commended for what you're doing.
You know, you're very dear to my heart, and I appreciate the good work you're doing, literally.
How do you think Dr. Mahoney is doing, the new president, at Winthrop?
During his interview, one of the most impressive statements he made was that it was always his goal to be the calmest person in the room, and I loved that. I thought, you know, that's exactly what we need. He's very, very -- his background is accounting and then education. He was Dean of the College of Education at Penn State. The college that he managed there is actually larger than Winthrop, 8,000 versus 6,000. So he's well versed, and we're very, very pleased.
He's very, very methodical, analytical, and positive about what he's doing. Thank you.
Concerning your Winthrop Eagle football team, it's never going to fly because USC is against -- we're already behind The Citadel, and they're not going to fall behind Winthrop also and --
Seconded.
Thank you for your willingness to serve.
Let me swear you in. Do you swear to tell the truth, the whole truth, and nothing but the truth, so help you God? In addition to that, I serve as the president of our alumni association for a fraternity there. We have about 850 alumni. So my major value, or what I'd like to bring to the board in general is, one, my alumni engagement. My feelers, my tentacles, and my reach is on the alumni side and getting those folks. Senator Scott asked a question about, you know, recruitment of diversity and whatnot. I think Winthrop's brand and that each student becomes an ambassador, I think, that tells our story. And I think our alumni, our undergraduates, enjoy telling their Winthrop story.
And so we're just looking forward to getting that brand in front of more people and through that invest students. I don't have all the answers. To be honest, I'm a little bit new to this process of the board of trustees, but I can tell you that the alumni engagement for the University, good or bad, is low. I think we had about a 4 percent engagement when we measured that, and we need to get more people under the tent and have more events. And Dr. Mahoney's been great. Jamie Comstock did a similar tour, but getting the president out in front of people and allowing him to engage with parents and alumni and students in general will bring more people into the circle. He's coming to an event we have in about three weeks at the City Club of Rock Hill. Senator Hayes knows where that is, surely, from Rock Hill.
He's committed to attend that, and we're going to have a hundred parents, probably 40 or 50 alumni that are some of your more influential alumni who sit on our board of trustees, Scott Middleton and Jimmie Williamson and some others that are part of our alumni group. And I think the recent experience that I have there engaging and getting people collected and getting to a central area, an essential gathering spot, will allow the University to bring in key leadership, like Dr. Mahoney in the development office and Danny Nicholson, that group, who get those guys in front of the right people to engage the right alumni.
Any other questions or comments?
All in favor, say aye.
Thank you for your willingness to serve. Thank you for your patience. That takes us to our lunch break. If y'all show up around 2:00, we'll try to get the thing done early enough and hopefully get out of here on time.
(The lunch recess transpired at 12:13 p.m.) Starting off with the Board of Trustees for Francis Marion University. Mr. William W. Coleman Jr. from Florence. Come forward. Make sure your light is burning green. Have a seat and get comfortable. Let me swear you in first.
Do you swear to tell the truth, the whole truth, and nothing but the truth, so help you God?
Senator Scott.
Good afternoon. Thank you for your service. As far as -- and you've been on the board for a while, so I appreciate that -- your involvement with the board, attendance of meetings, how would you classify, are you a hundred percenter? 90 percenter?
You've been on the board, what, 25 years? All in favor say "aye." (Members respond.) Opposed, no. And the ayes have it.
Thank you so much for your continued support of the school.
Next is Patricia Hartung. Help me with that pronunciation.
Do you swear to tell the truth, the whole truth, and nothing but the truth, so help you God?
Senator Alexander.
And talking about workforce development, do you -- are you seeing the university meet that mission of preparing the students, the ability of them having employment once they get that outstanding education at Francis Marion?
But we see the health sciences field as the -- probably the fastest growing area for jobs in the future. And our board of trustees, under the direction and leadership of Fred Carter, has seen the same thing and has moved diligently to meet those needs in that region.
And to my knowledge, there are the SBDC programs around the state, but that's the only center for entrepreneurship. And I've asked Fred to let me borrow some of the people and come down to my region and do a dog-and-pony show to try and at least expand the reach of their -- the services that they offer into other parts of South Carolina as well.
And they have to declare a major in the first year and they work and they have access -- full access to the campus. And they work with guidance counselors and professors in helping prepare them to enter as a freshman in their -- after they complete their first year.
I may have missed it, what is your percentage of in state versus out of state? REPRESENTATIVE WHITMIRE: I commend you for reaching out to South Carolinians. I wish we had some other schools that were so committed. And I like what you answered to Chairman Peeler about entrepreneurship. That's something that seems to be missing in a lot of other schools. I had two daughters who got a wonderful liberal arts education and had to go wait tables for a couple of years to try to find a job. So it's good that you're emphasizing that.
My last question, I notice you're from Greenwood.
In fact, talking about entrepreneurship, he came to us under our revolving loan program, he's working with somebody to do a new project in Abbeville County right now.
But we partner with the state that has the highest percentage of retired U.S. military in Germany. And we have three schools right now that are partners there. All in favor say "aye."
(Members respond.)
Thank you for your willingness to serve.
Do you swear to tell the truth, the whole truth, and nothing but the truth, so help you God?
But I graduated from there in 1978. It's been a pleasure and an honor for me to be back as a trustee and see that school grow as opposed to the early days when I was there. It was a small, you know, regional university and college. And to be a part of it now for the last 10 or 15 years and see the things that have been able to be accomplished were the things we dreamed of back in the 1970's. So it's been very exciting. I've enjoyed it. It's been a good ride, as you said, and we just look forward to the future.
Senator Alexander. All in favor say "aye."
(Members respond.)
And the ayes have it.
Good afternoon, sir.
Do you swear to tell the truth, the whole truth, and nothing but the truth, so help you God?
Do you have a brief statement you would like to make?
Senator Scott. Opposed, no.
And the ayes have it. Next, Karen A. Leatherman, Florence, At-Large, Seat 9. Good afternoon. I'll swear you in.
Do you swear to tell the truth, the whole truth, and nothing but the truth, so help you God? I've been involved with Francis Marion from that point forward. I actually played basketball there. I continue to support the athletic programs that are there, as well. I am a business owner in downtown Florence. For six years I was on the Florence Downtown Development Corporation Board and chaired the last three years that I was there. So I've seen Francis Marion's direction of moving downtown, investing in downtown, being a partner in downtown and growing their programs there.
In fact, you mentioned earlier the entrepreneur program. A committee off of the FDDC, Florence Downtown Development Corporation, was a North Dargan incubation -- or Innovation Center. And we utilized Francis Marion's Entrepreneurial Program to be there to help with those resources. And, in fact, it worked out so well, Francis Marion has taken over operating that facility for Florence downtown.
I never lost my love for the fitness business. I bought the business from the hospital in the year 2000. We do other things, as well. We do the occupational testing services throughout the State.
But in my mind I said, I wouldn't mind being on Francis Marion's board. I never really thought about it until that person approached me and talked to me a little bit about it. So that's why I feel like I'm at a point now that I could make that commitment.
Question 8, the biggest weakness, I'm looking at that 15 percent four-year graduation rate. That's very concerning to me. If you're on the board or elected to the board, how would you address that because we need to get that up obviously. So, you know, it's a regional university. There's addressing the needs of kids who no longer -- who couldn't get in anywhere else possibly. So it's a tough crowd from that standpoint. So, you know, without kind of knowing the ins and out of everything that's going on, it's hard to say how I would address that specifically or how we would address that specifically other than trying to maybe -- you know, you don't want to necessarily screen a reason it's low compared to others is because they're not addressing and they have -- College of Charleston has 37 percent of the students from out of state. Francis Marion has more like 5 or 6, I think.
So, again, we're addressing that need in that region where kids would no longer be able to go to school. So it's hard. You want to up that up, but it's not as easy as it sounds, so ...
All in favor say "aye." Opposed, no.
And the ayes have it.
Mary Finklea, Florence.
Do you swear to tell the truth, the whole truth, and nothing but the truth, so help you God? Good afternoon. My name is Mary Finklea. And as you've gathered, I do serve as the pastor of Cross and Crown Lutheran Church there in Florence. I grew up in Charleston and have been the pastor of Cross and Crown for just at 11 years and have enjoyed calling Florence my new home. I know you might sit there and think, well, there's just a young preacher girl sitting there, but my previous board service was on behalf of Lutheran Services - Carolina, a nonprofit with an annual budget over a hundred million dollars and 900 employees. So I hope to bring some of that experience.
And Francis Marion, of course, does work very well with the nonprofit community. We've got several different programs, including World Leadership and things like that to help others that are involved in community agencies. And I try to serve as a link between the university and the local community. You mentioned with Patricia the international program, one of the things we're excited about is hopefully a new honor center, which will house both the international program as well as the honors as well as the McNair Scholarship recipients. So that's a real exciting possibility.
You know, obviously we've got a range of students with a lot of experiences. But we also have some really wonderful students with bright minds that are really doing a lot of good work right here in Florence.
Good afternoon. How are you?
So many of our alumni remain right here in South Carolina. So many of our alumni are right there in the Pee Dee. So we really do get the benefit of providing a reasonable cost education that's high quality.
Just going off what you were just saying, I was noticing 82 percent of your alumni who live in South Carolina. Do you know the percent that live in the Pee Dee area? And to your question earlier about the graduation rate, I would also like to lift up that one of the things we struggle with is having students stay on campus. Right? So many of them are from the area, they're all going home on the weekend and they're doing other things. But so many of our students are actually employed, you know. This is -- they have to work. They're taking care of their parents. They're taking care of children. So for many of these students, their extracurricular activities is work. You know, they're having to work to be able to get this degree.
So sometimes it's a real tension between what can we do to strengthen the on-campus community, but so many of them are also working. Of course, some on campus, but many of them out in the community are back home in Dillon or Marion or what have you.
All in favor say "aye."
And the ayes have it. Thank you both for your willingness to serve. Next, Randall Dozier.
Good afternoon, sir. I've served on the board of trustees since 1991 when I was appointed by Governor Campbell. I served consecutively until I moved to Georgetown in 2000. At that point I resigned due to change in congressional districts. I was reelected and have served on the board since that time. I'd love to continue the work we've started with the medical program, nursing program, and other programs. A long-time involvement of Francis Marion, I have an endowed scholarship in the family name that I would like to continue to increase.
Presently, I serve as superintendent of Georgetown County School District, which helps me direct students toward Francis Marion University.
Just for the record, as far as how could you describe your attendance and involvement as a member of the board and with your other duties?
You ask that question, I can't remember missing a meeting. I guess my age. I was chairman for three years. Certainly when you have a responsibility, you can't miss. I've been chairman of the finance committee. But it's not just attending meetings, as you well know. Being within an hour of the university, I go to awards, dinners, graduations, homecoming. I went to the Pee Dee Fiction Festival this year. Staff awards luncheon. Just a variety of activities. I try to attend one or two a month to make sure that I'm there and accessible and all to the faculty and staff and the students that I've sent to that university or directed to that university.
Presently, I've had a number of students that I network with and send. And I would say also many of those are minority students, too, sir. They do. They have workshops, in-services for our teachers that we send and network with. And Francis Marion provides a continuing education for Georgetown and some of my teachers and it's in close proximity for our staff, less than an hour for them to go to.
And presently I have to tell you from a personal standpoint, my son is enrolled in the MBA program where I can keep tabs on him a little better. He's working on his second masters since he didn't finish his first. That's a whole other story.
All in favor say "aye." Opposed, no.
And the ayes have it.
That completes Francis Marion.
Dylan Goff from Columbia. At-Large seat for The Citadel.
Do you swear to tell the truth, the whole truth, and nothing but the truth, so help you God? I've served now six years on The Citadel Board of Visitors. It's been a singular pleasure and honor. I certainly got to know some of the best people I've met in my life, and I've really enjoyed every minute of it. And it's a way to give back to the college that I feel like I owe a lifetime's worth of debt and gratitude to. I was the first generation in my family to attend college. My father is a cabinetmaker in Lexington County. Very important to me that The Citadel treat you the same no matter who your father is, who your mother is. I roomed with a young man from New Jersey whose family owned all the Buffalo Wild Wings chains, and we got treated just the same. It's an exciting time to be on The Citadel board. The Citadel is doing very, very well. U.S. News and World Report's number one college in the South for the fifth year running. We just received our SACS reaccreditation with no recommendations for improvement. Which, as we're told, is pretty unprecedented. So SACS has actually been sending colleges who are going through reaccreditation this cycle down to The Citadel to see what right looks like. We've been bumped out of our first place four-year graduation rate by I think a tenth of a percent or some small percent and we're fighting to get back. We're still leading the State. I think Clemson edged us out. I think it was Clemson. I can't say for certain. But I know for many, many years we were number one four-year graduation rate in the state. We got edged out very narrowly. Our engineering program is ranked number 22 in the Nation. That's something we are very proud of for a school our size to have an engineering program of that caliber. We have roughly 2700 young people in the corps. Most of our engineering students are in the corps of cadets. We do have some active duty Marine, Navy that attend class at The Citadel as well as some veteran students. But engineering is taking up a larger and larger percentage of our undergraduate program. We think that's happening for two reasons: One, the kids know they can get a job as an engineer. I was a history major, but that was different times. And I think it's meeting an economic need at that the state has. We're -- we also continue to be a leader in commissioning Army officers and officers for all the services, in particular Army officers. We commission more Army officers than anybody else except for West Point.
It's a great time to be a bulldog. It's been an incredible six years, and I look forward to hopefully continuing for another six.
Are you still with the guard?
Yes, sir.
We've gotten a lot -- we've been able to leverage technology in order to be a lot more targeted in our marketing overall. And that's doing two things: One it is allowing us to target minorities, target women. Both are --
The marketing program enabled us to increase our yield rates. That means we're spending -- we're not spending any less money, but we're able to get a higher yield and be smarter about, you know, who we recruit and how we recruit them and those that we recruit. And those we have down at the campus and invite to attend The Citadel, we're getting much higher yield rate.
Women make up 7 percent of the corps. Minorities make up 22 percent of the corps. Now, if Representative Gilda Cobb-Hunter was here today, she would dispute with me those numbers.
We count, I think she would say it was only non-Asian minorities. So I believe that 22 percent includes Asian minorities. I know it includes native Americans, includes Hispanics and African Americans. It also includes international students. So if you look at our diversity reporting numbers, you'll see both African American and black. We have the African students. We had -- in my time there, we had a young man from Malawi. Well, we have students from all over the world, 22 countries. So our reporting is a little bit different. What I understand about that particular incident is -- and when I heard it, I found it somewhat incredulous. But as I read the cadet's testimony, as I talked with the officers who were conducting the interviews, I came to believe that they were telling the truth. I think that those young men simply did not realize what that -- what image that was portraying. That is, that the intent really was they were dressing up as ghosts to sing carols. That there is a tradition in Charlie Company that they do "twelve nights of Christmas" and they sing different carols and dress up in different costumes. And those kids thought they looked like ghosts. Of course, in hindsight they were punished for very poor judgment because they should have realized that, hey, this could be taken as something else. And certainly in this day where everything we do, there's no such thing as private. And you can't put everything in context. You don't get to choose the context with an image sometimes. It was very unfortunate. But I do believe those young men, that they did not appreciate and that certainly was not their intent to look like they were clansmen. They were supposed to be ghosts. You know, the issue with the flag, I think, is an issue that the board has addressed. The Citadel's position on that is that we, as an institution, don't get to pick and choose what laws we follow. It is solely within this body to address that flag or not address that flag. We, as The Citadel, have taken a position on it and we took the position on it at the time. And it was a very charged -- charged issue with everything that was going on with the flag here on these grounds.
And I think ultimately -- well, I know ultimately our position is we had to follow the law.
But we do things both in-house as part of their four-year training. Those young men and women go every Tuesday for an hour -- an hour class on leadership and whatever topic it may be that week. And that's a heavy portion of that topic. That's a heavy portion of that training. But you were asking me, is it limited just to the cadets that were involved in the incident, and the answer to that is, no, absolutely no. That's part of the four-year leadership model from day one all the way through when they graduate as seniors. And we have to be -- you know, those individuals that were involved have had some regional training. I think there's going to be some regional training for the entire corps of cadets. We're going to be briefed on that at our April meeting by the president. But that certainly was our understanding in the aftermath report from the incident in December.
But, you know, one thing we do have to be very careful about is we ask a lot of these young men and women on a 24-hour schedule. We're always very cognizant when we start filling the plate up with another -- another requirement. I think the intent is to include that as part of the leadership instruction that occurs on Tuesdays before lunch. It's an hour structure.
One quick thing on the guard, do you still have your summer camps two weeks? And that's when you have to explain, Look, this is a model to deliver a certain model of education. And we believe it is something that's sorely needed in today's world is a values-based education. And quite frankly, that also means that sometimes we discipline young people for things that they would not be disciplined for at other colleges. And that's part and parcel, Representative McLeod, of the package.
You know, I think unfortunately had some of these instances occurred at some of these other schools, they wouldn't have even been disciplined. At The Citadel, it's very clear and we have three corps values: honor, duty, and respect. And if you're going through the ranks, you want to graduate and be a Citadel graduate, then you're going to be held to that mold.
I do want one -- the last thing, Mr. Chairman.
Senator Scott. And so those are some of the concerns I would say to you. You may want to get something back from the military department that may give you clearance because you guys are set getting some -- getting the bulk of military support as well as the commission and whether or not that goes against -- goes against code. And so I would strongly encourage you to do that.
I think once we solve some of that, I think you may see your enrollment go up. It is a military institution. I say, "Look, we commission --" "We meet the goals the Army, the Navy, and the Air Force gave us."
That raises some very interesting ideas about ...
Being none, what is the desire of the committee? Opposed, no. And the ayes have it.
Thank you again for your service.
Do you swear to tell the truth, the whole truth, and nothing but the truth, so help you God?
I've enjoyed being on the board, and it's certainly very different than what I do every day. So it's been interesting.
Do you remember what we asked you three years ago?
Any other questions or comments? And the ayes have it.
Thank you for your willingness to serve.
Robert Sabalis. Let me swear you in.
Do you swear to tell the truth, the whole truth, and nothing but the truth, so help you God?
We have a new president, who I think is going to lead us in good directions. He understands the challenges facing the institution. He's already taking steps -- taken steps to expand the roles of people associated with student retention and graduation rates. And I'm optimistic for the institution, and I hopefully will have the opportunity to continue to provide some leadership. Thank you for your service and thank you for taking time to come and visit and talk with us.
Tell me about your plan to help Lander increase in its minority students given the dynamics of its location geographically in multiple small counties.
I think that Lander already does a reasonable job. They are accepting students who may need assistance in college, but the school has put forward a significant effort in its retention programs to ensure that the students that it does accept prosper and are able to graduate. The school has just recently hired a enrollment -- an enrollment management person and admissions person. And enhancing diversity is part of her role and part of her responsibilities.
Do you anticipate some of those students to include -- to increase your out-of-state students becoming an issue, or do you think it's far better for Lander to focus on recruiting more in-state students, especially minority students to bring those up?
We have already a good relationship with the technical college in Greenwood, and we're developing relationships with other technical colleges so that students know about the advantage of coming to a place like Lander. But there is no significant intention of increasing the enrollment of out-of-state students.
REPRESENTATIVE WHITMIRE: Move favorable.
All in favor say "aye."
And the ayes have it.
Do you swear to tell the truth, the whole truth, and nothing but the truth, so help you God?
Would you like to make a brief statement to the committee? My name is Lauren Fleming-Melton. I was born in Bamberg, South Carolina, and I've had the privilege of living across the state. I grew up with a nurse as a mother and a professor as a father, so my interest in higher education as well as my passion for serving others has been engrained in me my entire life. I attended The Citadel on athletic and academic scholarships and immediately found myself in love with the institution. As a senior, I was the highest ranking female in the corps. I'm sorry -- second highest ranking in the corps and served as the captain of the track team. I was also the first female in school history to receive the Wade Hampton Saber, which is an award given to the senior cadet who demonstrates outstanding leadership and who makes the greatest contribution to The Citadel while a cadet. Following my graduation, I moved to Dallas, Texas, and developed a startup durable medical equipment company there. We achieved early accreditation and the business has since flourished. In the fall of 2014, after the birth of our first child, I decided that I should take time away from my professional career for her while we also made plans to return back to South Carolina. Never in The Citadel's history has a female graduate from the corps of cadets served on its board of visitors. Consequently, this perspective has never been represented on the schools board, and I feel as if this can impede the school from reaching its true potential.
While I received an award in my senior year for my contribution to the school, it is my hope that my contribution does not end there. The Citadel has enhanced my life in many ways, and it's time for me to give back. I want to serve the institution and not have the institution serve me.
Questions? Comments?
I'm just now getting to your biggest weakness. You're talking about the enrollment has decreased by 60 percent. Do you have any thoughts on why that has happened?
We don't need to lose our market share towards competing institutions. And at this point, I feel as though that's the biggest problem for us as far as a revenue generation. So we're missing a lot of students from different socioeconomic backgrounds in that regard. Because there's plenty of students in high school that they're not able to participate in, say, the Key Club because they have to go to work after school to help supplement their family's income or maybe they have to take care of their grandmother who is living at home with them.
These are valuable experiences that they are participating in, but they don't qualify very well on college applications. So one thing that we can easily do is revamp our admissions application so that we can gain access and insight as to who these students are and help them by letting them attend The Citadel because The Citadel has a lot to offer these students. And if we're missing them at the admissions process, you know --
So that's a big concern for me because I want to know why are these students interested in attending The Citadel, we accept them because we want them to come, and then they choose not to. So I think we need to help support them in their decision.
With that being said, I think that if we help support them, give them -- I would like to evaluate the process on their end. What are they receiving from us to give them that support? Certainly we have, you know, more alumni, more female alumni than ever who can -- who are living across the state who can also support them in that. So we have a lot of alumni who want to do something for The Citadel, they just don't quite know what to do. We need to be employing our resources on the alumni front as well.
With that being said, I think that board diversity is essential to an organization's success and while I appreciate all the members' efforts, I feel as though a different perspective being offered can encourage the development and improvements to the school. And I'd like to help in that initiative. Any other questions?
Representative Henderson. I just wanted to ask you, and it is difficult, I know as the Senator said because both of you are fantastic. And we talk about we have so many seats that are left either open, nobody applies or, you know, it's the same people for 30 or 40 years. You know, we never get any new people and then we have two really great people running for one seat.
But so are there any women on the board right now?
All in favor say "aye." And the ayes have it.
Thank you for your willingness to serve.
Do you swear to tell the truth, the whole truth, and nothing but the truth, so help you God?
Would you like to make a brief statement to the committee on why you would like to serve? As she mentioned, my name is Angela Strickland. I graduated from Lander University in 2002. Lander was a huge important part of my life, not only whenever I was there as a student, but afterwards when I went to law school and then throughout my time since being a student there. I have participated in alumni events on the alumni board, our local chapter. I met my husband at Lander. I have lifelong friends from that institution. And it's just very close to my heart. It's just a place that's, you know, just held to such a significance to me.
And now that I'm a partner in my firm, I don't want to say I have more free time, because I definitely don't have more free time, but I feel like I'm at a place in my life where I can now look to doing something like this type of service on the board and hopefully give back with my talents to Lander University.
What did you major in at Lander?
When I went to Lander, that's what I did. I made sure I worked on campus. And I served in different leadership roles in different organizations.
But my husband came over from England, actually went to Lynn University in Florida for one year and then transferred to Lander and stayed there the rest of his soccer career and graduated from Lander a semester after I did.
I know whenever I was looking at colleges, it was definitely one that at my smaller high school was mentioned to us, but I don't know at some of the bigger high schools if it's one of the top schools that is mentioned to students as a potential. And I think it's a great university.
Representative Henderson. What do you think are some of the things that the institution can do to try -- well, with Francis Marion, we have heard them talk about they have created this whole niche market with health care and nurse practitioners and PAs and specialized degrees that are helping them boost their enrollment.
What do you think are some things that the school could do to kind of define their special area, you know, within the state and attract more students? And I think one of the things that Lander has done that I think has helped a lot actually revolves around some of their athletics programs. They have the wonderful new sports athletic center. Because a big problem with Lander was it was always referred to as a suitcase college and everyone would go home on the weekends. And I think a lot of times when students go to a college and then leave every single weekend, sometimes after that first year they decide not to come back at all. But I think that was a move in the right direction. Also, Lander has, I guess like Francis Marion, they've also had a wonderful nursing program for many years. And I know we still get a lot of students that are coming there for education and for nursing. So I think that's already a strong area. I think to the extent that Lander can work to sort of raise up some of the other subject areas, I think would be a very positive development. I don't think by any means it would be, you know, somebody would say, "Oh, I'm going to major in political science," like I did, "I have to go the Lander." They may think, "I have to go to Furman," or somewhere like that. But it would be nice for people to start thinking of it in that way.
Because I do know the students that have gone through other programs at Lander, the business program, political science, that sort of thing, have come out of it feeling like they had a wonderful education. And in particular, prepare them beyond for medical school or graduate school, MBA, law degrees, that sort of thing.
What's the desire of the committee?
All in favor say "aye." And the ayes have it.
Thank you for your willingness to serve.
Can you hear me?
Do you swear to tell the truth, the whole truth, and nothing but the truth, so help you God?
Would you like to make a brief statement? Ms. Strickland talked about Lander being a suitcase school. We've already started working on that. We started a Habitat program to have Lander students build a Habitat house on campus, and then we are moving it to a Habitat location in Greenwood. I just talked to the president, President Cosentino today. There's a building on campus known as the Sproles Building. We are turning that into a students' center. We've already got pretty much a student center, but we're going to have a separate student center where we put in pool tables and ping pong tables, those kind of things to try to keep the students on campus on the weekends. So we -- that, of course, is what we are zeroing in on. And I can answer questions, but we are also looking at the financial side. We want to figure out a way that we can make this education affordable. We are affordable right now, but we want to make it even more affordable. Student debt scares us, and we want to try to figure out a way to take care of the -- President Cosentino called it the gap -- the gap between loans, scholarships, endowments, and the cost of going to Lander. It's about 4,000, $4,400 right now. That's what the students have been coming out of their pockets and their parents have been coming out of their pockets to go there. We've got to figure out a way to do that. Ms. Strickland was able to get a full scholarship. We would love it if we could give every one of our students a similar kind of arrangement we started an honors program about two or three years ago. And it's our effort right now to try to make sure every student that's in that honors program doesn't pay to go to school at Lander. We're working on that right now. So we are incrementally trying to take care of some of things that we have expressed to you in the past that were of concern to us.
We've got an exciting president, and he's making a lot of contacts in the community and in the state. He's come to know Fred Carter very, very well. And I think he's gotten a lot of guidance from President Carter. I think he's got a budgetary mind. He comes from that kind of background, so he can help the Board of Trustees understand some of the figures that we are speaking and try to use those figures to help push Lander forward. So we're really excited about Lander's future.
Yes, sir, Senator Scott.
Would you elaborate a little bit on the plan that you all have put together for recruiting of minority students to come to Lander. What are you all at, about 20 percent?
We believe that we match with the population of South Carolina with our minority and majority students. The women there, I think it's about 60 percent female and 40 percent male. That doesn't particularly concern us, but we want to make sure we keep our minority ratios high. So I'm not sure if that fully answers your question.
And that is going to be enhanced by our new president. We want to make sure that those veterans -- I mean, first off, look what they've done for our Country, but secondly, we want to make sure that we provide the education and it's available at Lander. I mean, that would be a great draw for us. So, yes, we're enhancing that program.
Mr. Lawrence, I understand you're the current chair. Do you all rotate that chairmanship?
What's the desire of the committee? And the ayes have it.
Thank you, sir.
Ms. Walker, is your light burning? Is it green? Secondly, I've been on the Lander board since the legislation was changed some years back. As you know, it used to be one board for Lander, Francis Marion, College of Charleston. And so I've been on the board since then. I think in that time I might have missed two meetings when I was out of the country at different times.
I'm a Lander graduate. I'm a member of a family that has a number of Lander graduates in it. I have a real commitment not only to Lander but to higher education in the State and would love to have the opportunity to continue to serve. And I think anything I would say is already on here, so I don't need to repeat myself.
Any questions, comments for the committee? And so far as recruitment, I talked to all students that I run into. And I have -- I don't -- just depends on who I come in to contact with. For me personally, I'm always recruiting for Lander. We pay attention, I think we have about a 30 percent minority student body at Lander. And so we have paid attention to the fact that we want to educate as many citizens as we can, not only in the State but, of course, out of state. The majority of our students are in state.
I hope that answer your questions. Parker was a member of the House for 13 years, and he was named Commissioner of Corrections in '87. And that's when I had the opportunity to apply for the position and come back. And we have -- we work with adult and youth offenders, former offenders, homeless veterans and children at risk. So we have competitive contracts with the Federal Bureau of Prisons for reentry services for people in the federal prisons. We had our first facility in South Carolina. We have those in Columbia; Charleston; Florence; Fayetteville, North Carolina. And we opened the first facility specifically for formerly homeless veterans in South Carolina in '97. We also have a children's division, a youth division, where we have a high management group home and we have a clinical day school in concert with Richland One. And then we also have people that go into the state prisons and local jails and do what I call the hard work. Helping people get their lives back together. We're not the bleeding hearts of South Carolina.
In fact, I'm on this because someone tried to rob me in 2002. So we believe you commit a crime, you should do some form of time. But we believe that folks are willing to head in the right direction, and we want to try to help them become tax-paying citizens.
Thank you for that service also.
All in favor say "aye." And the ayes have it.
I sure appreciate your willingness to serve the State. This is Linda Dolny from Greenwood. Third Congressional District, Seat 3.
Do you swear to tell the truth, the whole truth, and nothing but the truth, so help you God?
And I guess the statement that I would like to say is I think it's a very exciting time for Lander. You know, any time leadership changes, there are exciting things. And I think that for me, at least, increases my desire to be on the board and part of this change process that we're under.
Representative Henderson.
How long have you served on the board?
What do you think is the -- you know, I haven't had a chance to read, pardon me, all of our written material here. What are the biggest challenges Lander faces from your perspective?
You served on the Federal Reserve Board?
Ms. Dolny, I think I read that you said that one of the challenges that Lander has is that enrollment is not on track. Can you expand on that and tell me what you mean.
And that also included professors and administrative people, but we made sure that we had students on there. In fact, on the committee, the search committee, we had student representation on that committee as well. Favorable report.
All in favor say "aye." And the ayes have it.
sure appreciate your service. It's a pleasure meeting you.
Catherine Frederick, she's the last tab in your notebook. Catherine Frederick from Florence.
Representing the Florence area has allowed me to actually really kind of help Florence and my people there understand what Lander brings to the table. Fred Carter and I are good friends, and he knows that these universities, the smaller universities play an important role in our state. So it's been a real privilege to get that opportunity.
You've been on the board for eight years?
Representative Henderson.
All in favor say "aye." And, Ms. Booker, if you would, let me swear you in.
Do you swear to tell the truth, the whole truth, and nothing but the truth, so help you God?
Would you like to make a brief statement on why you would like to serve on the board?
That, to me, is I think one of their strengths where they're located. Do you have a different opinion on that or what?
But I talked to some of the kids in Union or in that area, "I don't want to go to Lander, that's the country," you know. But I tell them now it's not the country. And if it is the country, you can get what you need there.
Any other questions or comments for Ms. Booker? The ayes have it.
Thank you for your willingness to serve. Thank you for your willingness to come in here this quick. I knew we had you scheduled for later.
TO SCREEN CANDIDATES FOR COLLEGE AND UNIVERSITIES BOARD OF TRUSTEES PUBLIC HEARINGS
Date: Tuesday, March 15, 2016 1101 Pendleton Street Room 209 Columbia, South Carolina Committee Members Present: Senator Harvey S. Peeler, Jr., Chairman Representative William R. "Bill" Whitmire, Vice-Chairman Senator Thomas Alexander Senator John L. Scott, Jr. Senator Robert W. Hayes, Jr. Representative Mia S. McLeod Representative Phyllis J. Henderson Also Present: Martha Casto, Staff Julie Price, Staff SENATOR PEELER: If there's no objection, we'll go ahead and get started. This is a Joint Legislative Committee to Screen Candidates for Colleges and University Board of Trustees. We have some members on the way. They're coming in. But out of interest of time, we'll go ahead and get started. First under tab A is Miles Loadholt from Barnwell. Second Judicial. Aiken, Bamberg, and Barnwell counties.
Mr. Loadholt. Make sure your green light is burning. The speaker, is it on? The green light?
Do you swear to tell the truth, the whole truth, and nothing but the truth, so help you God?
Would you like to make a brief statement? I have served the university in many capacities, serving on the USC Salkehatchie Board. And before being elected to this board almost 20 years ago, I've been on -- served on this board for 20 years. I served as chairman of some major committees. Served four years as vice chairman, four years as chairman, and almost four years as chairman emeritus.
And I would appreciate your consideration and this committee's consideration for allowing me to serve four additional years. Any questions or comments?
Representative Whitmire.
I notice you mention the biggest strength is Palmetto College, Honors College. Can you tell me a little bit about each one of those, please, since I'm from the upper part of the state.
Good morning. Appreciate you being here. Any other questions or comments?
You always hear the rivalry between Clemson and USC on the football field. In your experience, what do you think the relationship of a successful athletics program, what's the relationship between the success in athletics and academics? Have you seen or is it just ...
Any other questions? What is the desire of the committee? All in favor say "aye."
(Members respond.) And the ayes have it.
Thank you. Appreciate your willingness to continue to serve the university.
Good morning, sir. I'm Gene Warr. I've lived all my life in the small town of Lamar in Darlington County. I attended school here at USC from 1977 to 1981 and graduated in accounting. Came back a year later and went to law school. My dad knew that one year back on the farm trying to make a living would send me back to school, and it did. So I graduated from here in 1985 from law school and have been practicing law for over 30 years now in the Darlington County, Florence County area primarily. In 2003, our Fourth Judicial Circuit trustee, Dupree Miller, who long served as a solicitor there in our circuit died and that seat that -- the seat that I hold was open in May of 2003. I was elected to this seat so I served a little over 12 years now, almost 13 years in this seat. While I've on the board, I have done my best to attend and be involved. I presently serve as chairman. I will soon be finished with my four-year term as chairman. In the time before that, I served as chairman of a couple committees. And my attendance at committee meetings of all sorts has been good. I think it's been many years since I've been missed any meeting of any sort. I am here asking to be approved to serve another term.
I think that all and all, I'm sure I've not been a perfect trustee or the best trustee that you might find somewhere, but I've done my best. And I've worked hard, and I spent a lot of time and energy in being a trustee at USC.
Any question or comments? Representative Whitmire.
Good morning, Mr. Warr.
When you go to graduations on the regional campuses and see these folks and see the joy in the faces, a lot of times it's the first person in that family to get a college degree. It's a big thing. I think the regional campuses make a huge difference where they are. I really do.
One other thing. If you would please pass on to your law partner that I think a lot of him, please. And I voted for him. Leah Moody is certainly an outstanding trustee, and we are glad to have her. But we are all aware, "Leah, you're there kind of on your own." Of course, Paula is being president of the alumni association is on the board. And our secretary of education is female. But I understand what you're saying.
But people across the state that love USC and are willing to spend the time and energy it takes, have to be willing to go, say, "Here I am, I'll do it." When it comes to the university making efforts to the board, it's difficult as who at the university is going to go out and take a position as to who should be on the board? That gets kind of sticky, you might say. So it comes down to board members, do we go out and say to the legislature, to you folks, "Elect someone else"? It gets -- that's a difficult thing. We're aware of it. We know that it needs to be more representative of the state. But when I come to you and say, "Hey, I'm the Fourth Judicial Circuit Trustee, I think I can do a good job serving another term." Here I am a white male. There's not much I can -- I can't personally change that other than to say, well, there's a time that comes when I don't need to serve anymore. In other words, I'm not one who looks to spend my life on the board. If the Lord allows me to live to be an older fellow, I don't see myself as being on the board at that time. But for us to go and say, well, let's in any way affect the makeup of the board as board members, that's something that we just don't tread into.
For me to go into another part of the state and say, for instance, I'll see Hugh Mobley sitting here and say, Ms. So and So, or whoever, you should run against Hugh Mobley, my close friend. Knowing he's a good trustee, it's just not something I think I can go do.
I don't think that sitting back and saying -- and certainly not going into your colleagues circuits and saying, you know, "Why don't you run against so and so," that's not what I'm suggesting at all. But I think where there are opportunities, there needs to be a focus or a, you know, a plan for doing that. And I'm just not hearing that there is one.
And I understand what you're saying to me, but for us to come up with a plan and then come to you and say, for instance, here's what we suggest that you do, I just wouldn't feel like I could come do that. I wouldn't walk in your office and say that. I just don't think I could do it. I don't have the nerve, quite frankly, to do that.
Thank you.
What's the desire of the --
(Members respond.) The ayes have it.
Thank you sir.
Do you swear to tell the truth, the whole truth, and nothing but the truth, so help you God? When I ran back in 2011, I pledged to be here. To be accessible. I've tried to do that without being a burden. I'm usually in the area for most people when they want to ask questions or seek service from university trustees. I've been fortunate enough to serve on three separate committees, academic affairs, audit compliance, and currently I'm chairman of the Health Affairs Committee. Which I think is very important focus in the state of South Carolina for us going forward from a job-base standpoint as well as addressing primary care issues.
I would like to continue the opportunity to serve. Be happy to answer any of your questions.
Representative Whitmire.
What's the in-state versus out-of-state ratio you've got? When you get into the regional and the local areas, some of the comprehensive ratio becomes higher because has been stated before, people are closer to home, more accessible. People don't have the economic wherewithal to go and stay somewhere for four years, and they can eliminate that cost. So it depends on whether you're looking solely at Columbia or if you're looking at the system.
One of the things I think that makes Columbia the number that it is is the fact that we're a research institution as is MUSC and Clemson. And as a research institution, you're going to draw people from a wide area that are looking to get into a graduate area or a program with a high profile like the Honors College or Darla Moore International School of Business.
You'd be surprised, though, Senator Peeler, Lancaster sends a lot of students to Clemson because they're seeking a pathway there. They can't get in on the first admission, but they can get a year under their belt, settle in, grow up a lot and they can transfer to a lot of these other comprehensive universities.
We have a nursing program there that gives opportunity for us to educate RNs with a four-year degree. Most of those students will either stay in Lancaster or they'll go to the Rock Hill area. So that pretty much emphasizes your point.
Good morning. Good to see you.
Do you know how many is in your undergraduate program?
Let me ask you a question. You know, rising tuition is always an issue at all these schools and as a parent of two here, they're both in the Honors College, so I'm fortunate that they're pretty heavily scholarshipped so I don't have to pay tuition every year. But I know that it goes up about the maximum about 3 and a half every single year. I run a small business and have for over 30 years, so I'm well aware of the cost control. And that is one of the main things we can do. Obviously, we could volley back to you folks and say, "Hey, more funding would fix that." But we know what the dynamics are, and we understand where we are in this. And we know and we're appreciative of the funding you give us. We're appreciative of the lottery scholarships that are portable with the students and allow us to meet those needs.
But, you know, I would love to sit here and say, "We've got to have a zero tuition increase year after year after year." But the fact of the matter is, we can't be irresponsible. We have to have a balanced budget to maintain the state's credit rating. And, you know, I don't know that there is a hard-and-fast answer to eliminate. I think it has been minimized. I think we were 2.9 percent last year, which is near the figure you represent. But still I think there's more work to be done in that area. Looking at administrative costs just as much as anything. It's a competitive environment that we live in. And to attract the students we need, provide the education we need, we do need facilities. Is it too much? You know, that's always outside looking in. But just, for instance, Darla Moore School of Business, beautiful facility on Assembly Street we just built. It was expensive, but we did do a number of private monies to help fund that and anticipate possibly some more to help offset some of the costs of that. But believe it or not, we're out of space because the students are coming.
If you look at the higher education, commissioner report and the projection of the need of higher education degrees, we're going to have to have something to address that. All of us are. Clemson, USC, MUSC, Winthrop, all schools are going to need those facilities. Fortunately, we've got the access via the Palmetto Colleges for technology, which doesn't require a building. It gives us the opportunity to address the students' need without a facility.
I have a question about all the new dormitory -- well, not dorms but all of the new apartments. The housing for students. It's very different now than when I was at USC.
What -- has the board given any thought to the impact -- I know that, you know, obviously there are economic considerations and other considerations that you guys think appropriate for doing it that way. But has there been any thought given to what that does to that sense of community that we had by living on campus since the students -- it's my understanding that they cannot live on campus after the first year. If you think about the fact that a student at the university brings over $20,000 locally to the impact of the economy, and you look at the number of housing, you can see where Columbia is going with that. And I think the mayor would really fight us hard if we said we're not going -- you know, if the housing downtown was not going to continue to grow. With that being said, I think we do need to create opportunities in the housing environment for students to get to know each other and to live in a closer environment. When I was in school, we had rotary dial phones. We couldn't text anybody. We did things a lot differently. And it has changed. The world has changed there. But that is a strong consideration.
I think USC is becoming more and more bonded towards that. The alumni center is bringing a lot of alum back together in a cohesive or community-type environment. I know you've been in that place. It's very nice and built with private money.
When you come to the Columbia campus, the overall rate of all minorities in the Columbia campus is probably around 22 percent.
I see the Senator from Newberry here. Is he here to speak in favor or against you?
If you look at the higher education report again, I think the minorities in the South Carolina high school pool are around 40 percent. So we're getting almost a third of those coming to the university. All in favor say "aye."
(Members respond.) And the ayes have it.
Thank you for your willingness to serve.
Do you swear to tell the truth, the whole truth, and nothing but the truth, so help you God? As far as my service on the board, this is my second four-year term, I'm asking. And I really appreciate the opportunity to serve, and I really enjoyed it and hope you all consider me for another four-year term.
As far as my service on the board, I have -- I've only missed one meeting in my four years. And I was out of the country then and unfortunately couldn't even attend by telephone. I serve as chairman of the Student Trustee Liaison Committee, which I think is what we're all about, the students. And I really enjoy that. Brought it to a higher level as far as participation by the student body presidents. I'm also serving on the academic affairs and health affairs committee for the board.
Questions, comments from members of the committee? I want to go back again and which is a major concern that I've asked every school that's come before us. Tell me about your outlook in bringing more minority students to the USC family. And since you're working with the student body presidents and others, their outlook in whether or not you guys are beginning to build some additional intake system until we get our numbers up. 15 percent overall is fair, but I know we can do a whole lot better. I know that we're losing a lot of good students to out-of-state, and the key is to bring them in.
The other issue, too, once you finish that, tell me what your numbers are of out-of-state students that are coming to university. The other program Mr. Mobley mentioned is the Gateway -- I mean Gamecock Guarantee program where first generation students from low-income South Carolina families can get a lot of financial assistance to attend the university. For those particularly, you know, first generation that possibly couldn't afford to come otherwise. Our faculty has become more diverse over the years. John Dozier, our diversity officer, is working -- he's working really hard to try to get us more and good students. As Mr. Mobley alluded to, though, the South Carolina pool is shrinking and it's less people there. And it's just we're trying to attract the best and brightest and give as many as we can opportunities to attend the university. Because we do -- would love to mirror the demographics of the state, and we're working on that.
And actually our graduation rates, minorities, African Americans, Hispanics and all are pretty high relative to the rest of the state. And we did graduate more -- I think we awarded 838 degrees in 2004. Which was about as many as South Carolina State and Clemson graduated. So I think South Carolina State graduation 630. Clemson only 254. So we are graduating a lot of those that start in the program and feel real good about that.
Briefly, if you would, picking up on Senator from Richland and with Mr. Mobley, I believe it was said that roughly 35 percent of the professors at the campuses is minority, if I heard that correct. How many of those are graduate students or are minorities that are teaching? Do you have that information? Are they full-time? When we say 35 percent, is that full-time or adjunct and other graduate students? That I've heard complaints, not just at USC but at other institutions, including Clemson, where it's been a problem in the past.
What's the desire of the committee? All in favor say "aye."
(Members respond.) The ayes have it. Thank you for your service.
Next, Chuck Allen, Tenth Judicial Circuit.
Do you swear to tell the truth, the whole truth, and nothing but the truth, so help you God? My actual name is Donald Everett Allen, but most people know me as Chuck. I thought I would point that out for the record. I came to the University of South Carolina, enrolled in 1977. I was fortunate enough to be recruited to come here, and I attended on a full football scholarship. I had an athletic career here for four years. I finished my undergraduate studies in 1982 with a bachelor's degree in government and international studies. I was also fortunate enough to subsequently be admitted to law school. I attended law school the entire three years here and graduated from law school in 1985. Took the bar exam in 1986. And then I had a kind of a diversion on my career path. I had coached football at Brookland-Cayce while I was in law school. And Brookland-Cayce was kind enough, the administration there, to pay my tuition and books for law school. But I, thereafter, was kind of wooed to go to Furman University and coach. And I coached there under the head coach Jimmy Satterfield. Bobby Johnson was our defensive coordinator. And so I coached football a little while. But after that, I practiced law for 29 years. I'm the senior managing partner and the Allen & Allen Law Firm in Anderson, South Carolina. Allen & Allen, of course, is yours truly here as well as my son. My only son. He practices with me. I was elected to the Board of Trustees in 2008. I have served continuously since that time. I have served on the Health Affairs Committee, the Academic Affairs Committee, the Intercollegiate Athletics Committee. I have been -- I would submit I have been diligent in my service. I have maybe in an eight-year period, I've maybe missed three or four meeting for whatever reason. I do have professional and work obligations that sometimes conflict with our meetings and -- but like I say, I have missed three or four meeting over a period of eight years. I'm sincerely committed to the betterment of the university. I also served a term in the House of Representatives back in the day. And I'm committed to public service. I'm committed to this State. I'm insincerely committed to the University of South Carolina and the betterment of the University of South Carolina, again, and the betterment of this state. And it's been a pleasure to serve.
I appreciate the opportunity to be here this morning and make a brief presentation and statement here and would be happy to answer any questions at this time.
Any questions or comments?
Chuck, Donald. Joe and I served in the House together. Good to see you again. The question again, your take as a member of the board, the best method, best practice to recruit more African American students on your campus? I know that the pool for African Americans who applied to the school and some do not need to go the route of technical school in order to get in, they just don't get in because the pool is so large and, of course, every student that comes, who's basically in the intake system, automatically qualify for the lottery scholarship money and in most cases get a larger percentage.
What's your take on the best method for recruiting to bring more African American students to the university? Just in point of fact and by way of example, my personal commitment to diversity and the diversity of this university is that, you know, we appoint a Board of Visitors at the university, and I think it's about two dozen that are on the Board of Visitors. Each elected -- I'll say elected trustee from the Sixteenth Judicial Circuits has one appointment for the board of visitors. And I appointed Moe Brown, who was an alumnus of this university and is from Anderson. And he's the first African American to serve from the Tenth Judicial Circuit.
Particularly, you know, we're not involved in the day-to-day administration and the running of the university and those programs, but I would just say, again, that it requires a commitment to it. It requires good faith. And I think that as best we can, we should reflect the diversity and the population and mirror the population of this state. And, again, I'm committed to that. And we drilled a lot of people yesterday from many different, different schools. And so if you have not looked at it as a board at large, you guys need to begin to look at that. Those kinds of questions are not -- they're not going to go away. And at some point it's going to become whether or not you get certain growth as it relates to competitive in the international world. You've got an have an international school of business. Clemson has an international school for engineering. And it's important that we have those kind of relationships and we demonstrate to the state, in fact, that we are trying to bring qualified minority students so they don't go to other schools in South Carolina.
Tell me a little bit about the percentage of out-of-state students that are recruited at the university.
Good morning. Good to see you.
And, again, I mean, the opportunity and the development and the betterment that's available through higher education is -- everyone understands that. But if it's not accessible or affordable, then it's -- it's the opportunity is really not there. So that's -- I probably should have mentioned affordability as well. Questions? Comments?
What's the desire of the committee? All in favor say "aye."
(Members respond.) And the ayes have it.
Thank you. Good to see you.
Good morning, sir.
Do you swear to tell the truth, the whole truth, and nothing but the truth, so help you God? It is my privilege to appear before you seeking a fourth term on the Board of Trustees again for the Fourteen Judicial Circuit. It is my intention in seeking to serve on the board to become engaged in policy decisions for the university, and I am pleased to report that I have been successful in doing so by having been elected to serve as chairman of the Academic Affairs and Faculty Liaison Committee, chairman of the Ad Hoc Committee on Strategic Development, and member of the Buildings and Grounds Committee, Intercollegiate Athletics Committee, and Ad Hoc Committee on Strategic Planning. I have also elected unanimous -- also been elected unanimously by the Board of Trustees to be the representative on the University of South Carolina Educational Foundation Board, on which I presently serve. Serving as chairman of and as a member of so many committees is very time consuming, but I have found it is worth the time commitment and very rewarding to me to be able to serve in so many capacities. I continue to share your concern with the ever-growing cost of tuition. And it is my belief that the administration also understands that our university must be affordable to all qualified South Carolinians, and we must conduct our business, set our goals, and understand our limitations accordingly. It has been my extreme honor to serve on the USC Board for the past 12 years. And I would respectfully request your requalification in order that I might be able to serve for another term.
Thank you very much.
Representative Whitmire.
I notice that you say USC's biggest weakness is keeping students at the regional campus. Can you explain that to me a little bit? We have -- I have noticed and I'm sure each of you have noticed that we have a tendency to seek, open up avenues for students to be able to come to Columbia though they may not otherwise be qualified. The problem with that, to me, is it's good for Columbia, but it's not great for the regional campuses where a young student can go and be closer to home and in the case of some of these -- some of the regional campuses actually be able to have a job and have a family. So I am -- that's been one of my concerns. That we make sure that we don't take students out of the regional system just for the sake of putting them in Columbia.
I understand that -- I understand the desire and the need, being the flagship school, but I am interested in making sure that there is a balance and that the balance includes those regional campuses at a smaller but still need to keep their growth up and still need to keep their populations up so that they can succeed and be able to perform as we expect them to. I remember when Dr. Pastides was -- I would happen to be on the selection committee. He made the comment that all -- when he talked about the University of South Carolina, he was talking about all of the university, all the comprehensive branches and the regional campuses. I believe that's still the case. I think, however, as things have changed, you know, we have gone through a period, which is my group, the baby boomers, where most of our children have passed through school and now we're -- the pie has shrunk a bit. We expect that the -- as the millennials come through, we will have the opportunity to have a bigger pie. And it will be an opportunity for each school in the State, not just university campuses or regional campuses, to be able to get more qualified students.
And I'm hoping that will come sooner rather than later. I've been told in the next couple of years, and I can tell you different numbers based on the number of millennials that will have students that are at the university.
Do you agree or disagree with that?
To make sure that there are adequate students, and they are not necessarily enticed in to coming to Columbia even though it's a -- I think most of the students that apply to USC would like to go to Columbia but some are not quite as qualified as others, as we would normally expect. And as a result of that, I think we are in a situation where that business plan is not going -- it's not sustainable. It's not going to work forever. It's kind of like a waterfall. It goes for a while. Because each one of those new students has to have housing and we're working on that now. USCB, as an example, we're working on housing there and certainly working on housing here in Columbia. So I'm concerned with that and how long we can sustain that. And I'm hoping that we will be able to come up with a formula that will allow us -- I'm hesitant in using the word "parody," so I won't.
But it is important to me to make sure that there is a -- there's equity in each one of -- each one of one of the schools being -- having the opportunity to, based on some standard established by the legislature, that we would have the opportunity to ...
Thank you for your response. The other part is these schools play a different role than the normal state-supported schools. In many cases when you all don't take those students, those other schools accept those students and they become graduates and tax-paying citizens. To that, the quality of education, when you talked about your outlying schools, there's a quality education in the outlying schools, but in Columbia I think I heard you say that they would work and then they could come to Columbia to maybe join the larger campus.
So persons seeking a degree in accounting, same courses, 101 courses, advanced, intermediate, is the quality of education different because they're in outlying versus that in the Columbia campus?
So I do think there's a -- I do think for the first couple of years things are going to stay the same in most schools with some degree of difference, of course. Because each school is a little different. But once you get through the first two years, I think you are going to find there's more opportunity, more diversity, more opportunity to be able to take your degree on to -- into something that you would like to succeed in and --
Now, back to what I was referring to a minute ago, the pie, which used to be this big around to enable us to reach out and get qualified students from both the minority area and also the --
And that's what -- that's what our goal is and that's what my hope is, that we're able to do that before we get into a situation where, as I was explaining a minute ago, we find ourselves in a situation statewide, not just university, but we're having to merge schools. Put schools together. And I don't want to use any particular two, but there's been talk about various and sundry smaller schools coming together and whether that will occur or not, I just don't know.
I didn't quite understand your concept with the shrinking and millennia, but I do hope that you guys develop a plan to look at how we make our flagship schools look like South Carolina.
Thank you, Chairman.
What's the desire of the committee?
How long have you been on the board now?
So you were on when you brought on the new president? All in favor say "aye."
(Members respond.) And the ayes have it. Thank you very much for your service.
Next, J. Egerton Burroughs, Fifteen Judicial Circuit.
Do you swear to tell the truth, the whole truth, and nothing but the truth, so help you God? My name is Egerton Burroughs. I've lived in Conway and Horry County and Georgetown County most of my life. I was a student at the University of South Carolina in the graduate program. I had to leave there and go to work at Jerry Cox Company, a retail store in Conway, when my father died. But I've been a merchant and involved in real estate most of my life in Horry and Georgetown counties. This would be going on my third term, if you all are so kind to allow me to run again as a trustee. I was on the board for when Dr. Pastides was elected. It was my first meeting. My attendance has been good. The worst time I've had was when I had a bout with cancer, which I've whipped, and my health is in good shape. If I'm elected, I should be able to serve without a problem. I have chaired the governance committee. What we call governance, I guess. It's the audit committee. And as you will see in my resume, one of the things that I hope to serve if I'm elected to serve is maybe one day we can get a governance committee at the University of South Carolina.
But I have been on the Audit and Compliance Committee, the Student Affairs and Medical Affairs, and I've been engaged in those committees during my time as a trustee.
Questions or comments from the committee? The regional campuses play an integral part of educating of the people of the State of all diversities and races. And that's kind of where we are. We have a diversity officer. We work on this at retreats, and we discuss it. It's an area we know we need to address, and I think we are making every effort as a board and the administration. Dr. Pastides has particularly worked on this, and I have seen more hires for females in the systems of all races. I think that's a beginning also.
We worked to get the internal auditor through the hiring process. She was a lady, which I thought was a very positive thing. The internal auditor is a high profile position at the University of South Carolina, and to see lady in that position I think is excellent. One final question, if you could give me a brief answer. It says under the biggest weaknesses of the university is the current rise of enrollment, and, of course, you go on to say "and rise of tuition." We understand -- I think we've heard numerous times about the rise in tuition.
How is the -- is the enrollment too large at USC? Is that the weakness from that standpoint and has that been driven by the board or by the president?
But I think our cost of operation -- we have a study underway now. Hopefully we'll get it back very soon. For the first time since I've been here, will give us a true operating cost on each of the units to understand the programs that break even have to be subsidized by other programs. Very similar to what you all see in your own businesses. I think this will help us as a management tool to see the programs maybe that we can't afford to do.
Thank you, Mr. Chairman. All in favor say "aye."
(Members respond.)
And the ayes have it.
Next, my trustee, Leah Moody. Sixteenth Judicial Circuit. Let me swear you in.
Do you swear to tell the truth, the whole truth, and nothing but the truth, so help you God?
Any questions or comments for Ms. Moody?
First, you're surrounded by a much, much older group who has run the university for a long, long period of time. The reality is recruiting of African American students to the university, I've got numbers, average about 15 percent. The outlying area's a little large. What is your take in terms of the board policy and the direction the board is going in to try to improve those numbers?
And for this reason. We've got other schools that we've interviewed, and they had numbers as high as 50 percent. 30 has been a pretty decent number that's reflective of what the state actually looks like. Since you've been there, and I think this is the third term? So we're steadily increasing the number of students that we bring in. So when you increase on the number of students that we bring in, the percentages are going to change. So you have to look at the raw number. I do have copies of our percentages for enrollment by the campuses. I taught a class this morning, so I have some sheets for you. But I think we're making great strides. I think we've done some things that are new for the university, and I think that's with the vision of President Pastides as well as the board members. And I think the board is truly committed to having a diverse group of students. And the reason I why I say that is because in the overall picture of having a diverse group of students, not just racial composition, but gender as well as, you know, socioeconomic, rural versus urban areas, that helps our students' experience at the University of South Carolina to be one of the best. And so it prepares them for, you know, work outside of the university. So I think our policies are in place and that we are -- it's a slow track to get where we want to be. I recently spoke to the South Carolina -- excuse me, the University of South Carolina Black Alumni Council, and that was one of the questions that they had. They were concerned about the enrollment of African American students and, yes, our numbers have gone down. Particularly looking at male -- African American males. And you really have to look at the numbers because the numbers change based on, you know, how many students we have overall and then the choices that they make. So when you talk about what students are -- where students are coming to school and what their parents decide, most of the students that I come in contact with, it has been economics. It has been, you know, they have family situations that cause them to want to stay near. Particularly at that forum that I spoke at on February 17th, they talked about why they came to the university. They came to the University of South Carolina because of the money. They came to the University of South Carolina because their grandparent was ill, and they wanted to stay close. One student came because their brother was coming -- getting ready to come to college, but they were in high school. They wanted to have -- still have some kind of hands-on experience with their brother as they grow up. When I talk to some students and some of the students said -- I taught in children's church here in Columbia when I lived in Columbia, they are qualified to get into honors program, but they want to leave Columbia or they don't want the rigors of the honors college. So they just want to be, as one student said to me, a regular student. So I think that has some impact on it. I think the university can do everything as far as like recruiting. I see all our billboards. I know that we have people in different places. I hosted the -- I can't remember what we exactly called it, but it was all the freshmen coming to the university. And I hosted along with different alumni to get students to come. And I tried to get students to come out and ask all the questions.
So it's part personal choice, but I think the university is on the right track and does as much as it possibly can do to recruit African American students or diverse groups of students. One brief question. And thank you for your observation. Appreciate your continued service that you're providing to the university.
Your involvement, and obviously as I've heard the response to the Senator from Richland, you've been heavily engaged in different things on behalf of the university, how would you characterize your service as a member of the board as far as attendance at board meetings and things of that nature?
Any other questions or comments? All in favor say "aye."
(Members respond.) And the ayes have it.
Thank you for your service.
What are your thoughts on that?
Since then we hired a female secretary, in which I was involved in that and very proud to be involved in that. And we have a new provost, Joan Gable, who is from Missouri. And she's an added addition this year. And I think that -- while I don't know how you address that, I think I got asked that question by The Post and Courier. And I was misquoted. And I had to call the lady back and talk to her about it because I was misquoted and I --
But talk about diversity, you have to make sure that you do not alienate any other group of people. So I don't know whether that's you make the board larger. I don't know that that's necessarily a good thing. And then people have the -- I don't know how you survey to find out whether people really want to run. Because, you know, you have to have a job that would allow you to come down here and, you know, miss work. Because we have some -- sometimes marathon meetings. It's important issues where you're talking about a system. So it's kind of -- it's kind of hard to evaluate. You have to -- So when you talk about the university's role in this, that's something that we have to be cognizant of. And I think I applaud the efforts that Pastides and his administration has taken in terms of adding the metrics to our metrics overall. Because we look at everything. We compare ourselves to our peers. We want to know what other people are doing. And by the way we added the metrics and taking the steps to, like, address those issues, not just having a body come over and tell a group that's getting ready to make a hire what diversity is, but adding it. And people are understanding that that's what we're watching, I think that is a positive step forward.
Because if you don't pay attention to it, it's kind of like out of sight, out of mind. We get our metrics on a regular basis. We're going to see that. And I think the board as a whole wants to have the best plan that we possibly can have and we're going to ask those questions as to why this is -- why haven't we improved in this category? What are our peers doing? We ask those questions constantly. All in favor say "aye."
(Members respond.)
And the ayes have it. (The hearing adjourned at 10:50 a.m.)
TO SCREEN CANDIDATES FOR COLLEGE AND UNIVERSITIES BOARD OF TRUSTEES SCREENINGS
Date: Wednesday, March 16, 2016 1101 Pendleton Street Room 407 Columbia, South Carolina Committee Members Present: Chairman Senator Harvey S. Peeler, Jr. Senator John L. Scott, Jr. Representative William R. "Bill" Whitmire Representative Phyllis J. Henderson Also Present: Martha Casto, Staff Julie Price, Staff
Proceeding 9:13 a.m. This is the Joint Legislative Committee to Screen Candidates for College and University Boards of Trustees. I'll call the meeting to order.
First up is Wil Lou Gray Opportunity School. Angela Hanyak?
Make sure your speaker is on and burning green.
Let me swear you in first.
I have a passion for helping at-risk adolescents. In the Charleston area, I have been a mentor with an organization called Be a Mentor, and I'm seeking this board seat in the hopes of making a more systematic impact on the at-risk adolescent population in the State of South Carolina.
Members, you have the information in front of you. Any questions or comments?
So I do believe that I have a good understanding of the school, its mission, and what needs to be happening for the school in the future for it to be successful.
Speaking for Representative Henderson and Representative McLeod, who are not here, we're glad to have some diversity coming on the board. So thank you.
Any other questions or comments?
ALL MEMBERS: Aye.
Good luck to you.
Do you swear to tell the truth, the whole truth, and nothing but the truth, so help you God?
I'm one who will and has always been providing service to mankind, especially our youth, our teens, our young adults. And I just think that my strength of what I do and can do can be offered, and I'm honored to even be considered.
I'm reading here that you said that it's 30 percent in state versus out of state. How many out-of-state students are served by Wil Lou Gray?
So had they taken any students, that would have been my answer.
All in favor, say aye.
Thank you for your service, and I know you'll do a great job.
Doris McAdams, at-large seat. She's an incumbent.
Do you swear to tell the truth, the whole truth, and nothing but the truth, so help you God?
Would you like to make a brief statement?
And this is what her mission was. When she started out 95 years ago, she was interested in the undereducated adult. We're working with at-risk youth between the ages of 16 and 19, and it is always a pleasure to see them experience success again in the workforce and be productive. And so she's been an educator all of her life, always an excellent teacher, professional, and no nonsense. And I can say that she's a wonderful person to be on that board.
And at the appropriate time, I would be more than happy to move her forward.
And I see this a lot with some of the letters that our director receives from parents, and they are just elated. I mean, they are so happy when their children get on the right track and be productive, and that is our mission. That's our mission.
A pleasure to meet you, Ms. Adams.
And I began to wonder. I said, "Well, I wonder what the problem is there?" You know, maybe it's salary, employment, problems at home. I just don't know, but --
All in favor, say aye.
Thank you for your service.
Thank you. That structured environment you mentioned, that's obviously the key. That's, unfortunately, why we're having so many problems, in my opinion, in public education today. We've just gotten way too many children who don't have parents or anyone. If they do have parents, they're not much of a parent. So that's why I think Wil Lou Gray is such a godsend to some of these children. I know you're not going to reach all of them, but, you know, if you reach one, that's a success story.
So thank you -- for all four of you -- for your willingness to serve. We're done.
Let me ask you, with your experience, what's the common denominator of the student or child that comes to Wil Lou Gray? What's the trigger and who does -- the administrators of different school systems or parents or --
But, you know, coming up here this morning, I heard something on the radio that said that -- you asked about common denominators. Forty-one percent of the children born in America today are born in a single-family environment. That's an awful lot.
And when I think about homes and stability in the homes and kids that I know, I kind of go back to that; and not only with that, but the stability in that home. Is there one of those parents on drugs, for instance, or do they have a criminal background? If you know those kids, you know there's a lot of these kind of factors that enter into it. But I don't think there's really one; I think there's a multitude of them. As Chairman Peeler also said, how do you hear about it? I've been an educator for 30 years, but I'm 150 miles away. I haven't heard anything about it. I've heard of the school, but I knew nothing about it.
So it seems to me that maybe we can outreach toward outer parts of the state a little better, because it's such a wonderful opportunity. We've got students with the same problems.
Now, they might be notified by -- someone at the school about them. They might have a friend that's told them about it. They can hear about Wil Lou Gray a lot of ways. Motion is a favorable report.
All in favor, say aye. There are about three to four mainstream programs out there: Wil Lou Gray, Youth Challenge, and the program we all have some concerns about over in McCormick, and I don't know how the House is dealing with and looking at the structure. Youth Challenge has been so successful for a long time because of military relationships, but it's more military structured. I've not had a chance to go and look at the other school that's mentioned several times again to see in my evaluating what may be the problem. But you've got to remember these other two programs are urban programs, and trying to design a program and a rule of structure is a difficult program. Even if we get Youth Challenge with Wil Lou Gray, Youth Challenge has also been set on the Clemson University, and Aiken had a little different twist to it. And so we may need to look at the program structure in what we ask the program to do and can the school actually be given manuals and some other tools we need to give the program, because at the end result of it is can we move these children forward and get them a GED, get them back in the mainstream. And I know that we created alternative schools, and these schools are dumping these kids either back in the street or they don't make it, and some families are trying to give them a tool by going to these different programs and trying saving these children. But, I mean, it's worth looking at and really having some real conversation.
And if maybe restructuring the board might be an answer, I don't know, or just looking at what the actual program is. I think the House looks somewhat at it, but it hasn't had a real -- a lot of communication --
That completes our agenda for this morning. We'll break until 4 o'clock. At that time we'll take the Medical University of South Carolina incumbents.
TO SCREEN CANDIDATES FOR COLLEGE AND UNIVERSITIES BOARD OF TRUSTEES PUBLIC HEARINGS
Date: Monday, April 11, 2016 1101 Pendleton Street Room 209 Columbia, South Carolina Committee Members Present: Senator Harvey S. Peeler, Jr., Chairman Representative William R. "Bill" Whitmire, Vice-Chairman Senator Thomas C. Alexander Senator John L. Scott, Jr. Senator Robert W. Hayes, Jr. Representative Mia S. McLeod Also Present: Martha Casto, Staff Julie Price, Staff SENATOR PEELER: If there's no objection, we'll go ahead and get started. We would like to welcome everyone. This is the Joint Legislative Committee to Screen Candidates for Colleges and University Boards of Trustees. First, we have Francis Marion University. Mr. Benny Joe "Jody" Bryson from Greenville. Would you come forward.
Take a seat and make sure your light is burning green.
For the record, if you would state your name.
Let me swear you in. Do you swear to tell the truth, the whole truth, and nothing but the truth, so help you God?
I've been very privileged to be able to serve the last four years on the Francis Marion board. I believe they do an exceptional job of combining education opportunities and economic development in the Pee Dee area and the entire State. Any questions or comments from members of the committee?
Mr. Bryson, you've been the board since 2013?
Tell me a little bit about your diversity program at Francis Marion.
I think they do a very nice job. And they've really engaged the student body in those initiatives over the last several years, and I think that has produced excellent results.
And so I understand the value of public/private partnerships, and I try to apply that thinking to the things that I'm involved with at Francis Marion because I think that's a model that can be replicated. And they do a fine job of partnering with industry in the Pee Dee, so a lot of similarities, and I just try to lend my experience when I feel like it can help in that area.
I just wanted to clarify the fact that having been on the board for a few years and appreciate your service. How would you classify your ability to be involved at the university during that period of time as far as attending board meetings and functions from that standpoint?
Thank you, Mr. Chairman.
So I think they do a nice job with that program. I haven't been directly involved with that in my first term, but I do think it's headed in the right direction from all the reports that I've received.
Welcome, Mr. Bryson.
What is your graduation rate? Do you have any idea on that?
I guess speaking from having two liberal arts daughters who graduated from instate schools and having to struggle to find a job. They had to go back and get their masters and so forth. Do you feel like Francis Marion prepares these young people once they do graduate to go out into the real world? I think what our graduates receive is excellent communications training, and I think what I hear in my daily work is that employers, industry, technology companies, they're all looking for students who can communicate, write well, speak, understand how to write contracts and communicate in all different types of business matters.
I think Francis Marion is doing a good job, and then we're adding some pre-professional and professional programs that allow the students to take that liberal arts, I guess, foundation and funnel that or really move that into more of a professional program like our new school of health sciences, for example.
The physician assistant program I think is another similar type of program where you're providing trained professionals who can help our medical doctors, you know, be more productive and have more success with their patients. So I think it's looking for those niches and trying to produce graduates who can fill those needs as that industry grows.
What's the desire of the committee? Opposed, no. And the ayes have it.
Thank you. We appreciate your willingness to serve.
Next, Medical University of South Carolina. First up, Michael Stavrinakis. Charleston, 1st Congressional District lay member.
As a resident of Charleston, MUSC is such a woven part of the community and to serve on it is just an absolute honor. They give so much not only to the whole state but to the community of Charleston, and for me to be able to give back, I'm just honored, honored to do it.
Good afternoon, sir. As well as I asked earlier, being on the board, and of course, I know you are in the Charleston area, but still I would like for the record to have some feel for your involvement and participation in the events there at the Medical University of South Carolina. I have had a nearly perfect attendance record. I missed half of a meeting, a half of a day. My daughter was riding in the equestrian regional finals in Atlanta, and I got permission from our chairman to take a half day off, so I did that and drove my daughter to Atlanta.
I'm very honored to serve on a lot of subcommittees, including the Diversity and Inclusion Committee with Anton Gunn and the team that Dr. Cole has put together. I think that MUSC has done a huge, huge increase in effort to satisfy the diversity and inclusion needs of the state.
Following up on what Senator Alexander said, why is the dental school higher than the medical school? That doesn't make any sense to me.
I think that has a lot to do with it the way the dental school was put together. There was anticipation of a bond bill that kind of didn't happen, and we just got stuck with a lot of debt.
Now I understand when doctors say, you know, heck, I've got to pay off all my debts. Opposed, no. And the ayes have it.
Thank you so much.
Good afternoon, sir. I've been proud to serve on the Board of Trustees at MUSC since 2002, working to make the University of South Carolina a university the state of South Carolina would be proud of. After more than a decade of leadership, I have helped to grow and expand the mission of MUSC. I worked to create a ten-year master plan for the university as an engineer from 2006 to 2016. At present time, we are -- I'm in the process of working on another ten-year master plan that we can follow.
I need to complete the rest of those projects, if I'm allowed to. And I can say that for the past 14 years, I have successfully mirrored the mission of MUSC's statement of changing what's possible. I look forward to continuing the mission for the future years if the board -- at your pleasure.
Senator Alexander.
And during that past time, I have been chairman of the facility committee for the last 12 years of those 14. I've been vice chairman for the last three years or close to four years now as the Board of Trustees vice chairman. And so since then, you can see the new dental building has been built. The new art building has been built. The bioengineering building has been built, the discovery building. All of those are buildings that have enhanced the university, and it has made us be way up higher than we were when I first went on there as far as nationally recognized.
I'm not sure of the numbers, but we are recognized in the NIH higher than we have ever been before. And that is accomplishment, not only you allowing us to do what we've done but allowing us to make yet one of the best places that a person needing medical can come as far as the students we graduate. We graduate with a high number of -- well, all of our medical students just about graduate. Almost a hundred percent of who we accept graduate. I don't have that specific number, but that's what we've been told during our period of time.
But to graduate people in the fields you've just mentioned, it takes more than just adding numbers, and our present president, Dr. Cole, is doing all he can right now. He understands that, and we're working very close with him in trying to make sure that happens. So the plan is being done now for the next ten years, and so I mean, we've got a lot of people working on that issue.
Tell me about your long-range plan. Does it increase the number of students, more of diverse students coming in? You've had a chance in 14 years to see a lot of different things.
Welcome, Mr. Bingham.
And so as my part of the Medical University, I have tried -- my whole experience has been as a professional engineer doing buildings as far as planning and running a business of my own, is trying to do one thing: Give my time and energy to better serve the state of South Carolina in my days after I retire, so to speak. Opposed, no. And the ayes have it.
Thank you, Mr. Bingham.
But in those 14 years, I think the thing that I've helped with and improved is we have completely revamped our accounting and reporting system, and we can now -- we now have a better handle on the finances.
I can't recall anybody consistently not showing up, the board members to meetings and not showing up for committee meetings and such. We've got a real -- let me just put it this way. It's the best board I've ever served on, and I've been on a lot of boards in 40 something years.
Welcome, sir. And the reason AnMed branch campus is out there is because we ran out of spaces for clinical rotation on campus. I mean, you can imagine, I mean, we're the second largest hospital, but it takes patients and doctors and with the number of students, we could not grow anymore without expanding outward. And this is pretty much a trend across the United States that you're starting to see right now. But the problem, the real problem is when you see these new medical schools, the number of residencies are governed not by the state but by the fed. By the GME, the graduate medical education levels. Those numbers have not changed since 1990 I think '6, so they there are no new residency slots out there. So if you allow additional med schools to come online, a big problem is where are they going to go when they graduate? You're starting to see some graduates coming out this year or next year, and it's a real issue. It's going to put a burden on a lot of hospitals that are connected or affiliated with these medical universities because they're going to have to fund residency slots, which are going to cost them about $80,000 a year. So on the one hand, we need more doctors. On the other hand, we have a real impediment of getting those doctors to where they can pay off debt through the residency slots.
You know, it's a real dilemma, and as we expand these programs in the state, there are a few good things that come from it, but, you know, what are you going to tell that student at the end of the four years when he has $300,000 worth of debt and can't get a residency slot?
We've been through -- I've been on this thing 14 years and where we were getting $110 million a year down to 40 million as the financial crisis hit. So, you know, that's not something -- that's not a high priority, I don't think right now, with the state. So it's going to have to come from the institutions and their foundations or whatever they can find. But it's a problem, so ...
And one of our biggest ways is our practice plan in our hospital. Those have turned out pretty good. But our hospital is a -- let me use the right word, it does more than its fair share for indigent and charity care than any other hospital in the state and makes it tougher on us because our margin that we could use to help alleviate some of these problems isn't there. Where a Greenville or a Columbia hospital system might make a margin of 6 or 7, 8 percent, you know, we're lucky to get a couple percent out of it, that it even shows up. Opposed, no. And the ayes have it.
Let's let you get back to work. We need the money.
Dr. Mitchell, good afternoon.
Do you swear to tell the truth, the whole truth, nothing but the truth, so help you God? I also live and work in the District 4. This is the area of the state up in Greenville/Spartanburg that presently has two new medical schools. I feel that District 4 would have an improved relationship with MUSC and those new medical schools as well as the physicians in this area.
Also, over the past ten years I've been able to form an orthopedic research spine group that has formed a company. We've been through research and development and have developed some products for the orthopedic industry, and that's an area that I'm very proud to see Dr. Cole look at and improve MUSC as the foundation for research and development. And I look forward to being a part of that as well as their continued clinical expertise. Thank you.
That would be an area that I think that the state and the medical school could look at, is how to keep the cost down or has some type of reimbursement for those students. Any other questions or comments?
Senator Alexander.
Thank you, Mr. Chairman.
What's the desire of the committee? Opposed, no. And the ayes have it.
Thank you for your willingness to serve.
Do you swear to tell the truth, the whole truth, nothing but the truth, so help you God? Currently this year, the big thing we got going is try to get the Shawn Jenkins Women's and Children's Hospital funded. We have $25 million from you all, and we also got $25 million from Mr. Jenkins, which allowed us to get our HUD loan. That was a down payment on that. So the cost of the hospital is additionally was $450 million. Now it's a $480 million, you know how those things go. So we still have a pretty steep hill to climb here. I'm chairman of the development committee, so we've been working furiously and feverishly to get this money raised so we can build this 260-bed facility for the children and women of this State. If you ask the -- well, you can't ask other people that come forward, but if you ask the people that are down there, it takes 8, 10, 12, 15 years to get up to speed. It's a very big organization. For example, there's over 37 advisory boards down there, so it takes a long time to get your finger on the pulse and find out where the skeletons are buried.
I served as the chairman of the board from 2006 to 2010, and so I do have -- I'm part of the institutional memory, the collective memory of this institution that is so necessary in something that's big and this diverse. So I think that's what I bring to the table, is that.
I'm looking at the bullet points that are provided to us, and it says under credit report address discrepancy, saying an address was Awendaw. Can you tell us for the record where you live.
The Medical University of South Carolina is in the top 10 of medical schools in this country for graduating black males which is no lean feat.
Senator Alexander. Good afternoon. Good to see you, sir.
You mentioned you had a time that you were chairman, and obviously, that takes a lot of your time, and I'm sure you had attendance there. Since that period of time, how would you characterize your involvement with MUSC during your tenure on the board since --
What is the biggest achievement do you think during that 20 years at MUSC? Twenty years ago, we were still a fairly sleepy little medical school in South Carolina. Now we're at the top quartile. In most of the metrics, we're top third in NIH funding I believe this year, and that's -- you know, which puts us in the top 50 medical schools, and that's come from way down the line. We were 120 or 130 something like that.
So there's been a lot of stuff going on down there. It started with Ray Greenberg, and now David Cole is a different kind of guy but he's just dynamic, just as committed, and I see a continuing pace.
Thank you, Mr. Chairman.
Hearing none, what's the desire of the committee? Opposed, no. And the ayes have it.
Thank you, Doctor. First off, I like that orange jacket. It reminds me of the Tigers.
For the record, if you could give us your full name.
Do you swear to tell the truth, the whole truth, and nothing but the truth, so help you God? Questions or comments?
Senator Alexander.
And good afternoon. It's nice to see you today.
I was looking at your bullet points, and you're saying the biggest weakness -- I mean, I'm sorry -- talking about tuition is not reasonable for moderate-to-low income families. I couldn't agree with you more, but how would MUSC go about bringing in, you know, folks who are of limited means, so to speak? They already get scholarships, I'm assuming.
I noticed that you belong to the National Association of Elementary and Secondary Administrators. Were you a principal at one time? Any more questions or comments?
Representative McLeod has a question.
Ms. Johnson-Williams, thank you for your service. The second question -- well, the third question then is, I see that you have recommended partnerships within public education to increase diversity and in positions of authority. Are you aware of any partnerships or opportunities or plans to implement something like that?
I think that's a great idea, but I see that you're from Orangeburg and I was just curious about whether that is currently being implemented or is that something that you would just recommend or propose that the board look into doing when it comes to partnerships and mentorships? Any other questions or comments?
What's the desire of the committee? Opposed, no. And the ayes have it.
Thank you very much.
Good afternoon.
Do you swear to tell the truth, the whole truth, nothing but the truth, so help you God? What do you -- and I saw under your questions the biggest weakness -- or biggest challenge, I guess, is the funding. Obviously, there's limited resources from that standpoint, so is the university being proactive in finding ways to make sure they're cutting costs as well as looking for additional funding? Being in business, there is only two ways, you need to sell more or you cut your cost. That's the only two ways I've found to make things work from that standpoint.
Do you have any thoughts?
You want to elaborate a little bit on that, because you've had an upfront, close look at coming out of the medical field yourself and having a doctor who needs to both be a good manager, a good leader, and a good planner and create direction for the hospital.
All in favor say "aye." Opposed, no. The ayes have it. Thank you, sir. Next we move to College of Charleston. Laurin Burch from Camden. 5th Congressional seat 10.
Good afternoon, sir. For the record, if you could give us your full name.
Do you swear to tell the truth, the whole truth, nothing but the truth, so help you God? Needless to say, as I said, the school means a lot, and I would like to continue that service that I show in other areas that I'm involved with the Kershaw County hospital board, the Jaycees, the Kiwanis, and several other civic organizations. And so I'd like to continue that service to the College of Charleston because I firmly believe that if you're able to serve and give back, you need to do that. Also, as a licensed CPA in the State of South Carolina, I firmly believe that my business and accounting background could bring a lot to the table. I would like to see us strive to keep the cost of attendance as low as possible and increase the overall value of the diploma. I'm also concerned that at some point the cost of a four-year degree will just be too much for graduating college students to handle. I also think the college has a great opportunity to improve retention and diversity in the student body.
I will take any questions you might have.
Senator Scott.
I know the institution and the board went through a rugged period in the transitional period with him coming to the university. Tell me what has happened now since he's gotten there and things have kind of settled down with the student body, the faculty, and now the community as a result of some type of plan, that along with the president, that the board has put together so that you all begin to grow together as a total community.
Senator Alexander. Opposed, no. And the ayes have it.
Michael Todd Warrick. Sumter, 5th Congressional seat 10.
Do you swear to tell the truth, the whole truth, nothing but the truth, so help you God? Any questions or comments?
Senator Alexander.
How would you classify as far as your ability to be involved with the college and fulfilling those duties and responsibilities?
Hearing none, what's the desire of the committee? Opposed, no. And the ayes have it.
Thank you, sir. (The hearing adjourned at 4:24 p.m.)
TO SCREEN CANDIDATES FOR COLLEGE AND UNIVERSITIES BOARD OF TRUSTEES PUBLIC HEARINGS
Date: Tuesday, April 19, 2016 1101 Pendleton Street Room 209 Columbia, South Carolina Committee Members Present: Senator Harvey S. Peeler, Jr., Chairman Representative William R. "Bill" Whitmire, Vice-Chairman Senator Thomas C. Alexander Senator John L. Scott, Jr. Senator Robert W. Hayes, Jr. Representative Mia S. McLeod Representative Phyllis J. Henderson Also Present: Martha Casto, Staff Julie Price, Staff SENATOR PEELER: Good morning. I would like to call the meeting to order. Good morning, everyone. This is a meeting of the Joint Legislative Committee to Screen Candidates for Colleges and University Boards of Trustees. Members, you have an agenda in front of you. First off, we have Medical University of South Carolina, Dr. G. Murrell Smith of Sumter, representing the 5th Congressional District, medical member, expires 2020. Dr. Smith, if you would like to come forward. Have a seat. Get comfortable. Make sure that green light is burning. I think you have to push that light.
Good morning, sir. Any members have any questions or comments?
Representative Whitmire. Welcome, Dr. Smith. I know your son real well. We serve on the same committee.
I notice you say MUSC's biggest weakness is multifaceted which makes it difficult to control. Could you expand on that a little bit?
So to me, it really is a challenge, as a board member, to keep up with all the colleges and dental schools and medical schools and nursing schools, pharmacy schools, so I think it really makes a challenge for board members. That's probably the hardest thing we deal with.
But I think that Dave Cole is really making great strides to keeping it organized. I see a change in the last four years. When you look at that as a structure and the difficulty that you have outlined as relates to so many different schools, tell me a little bit about your thinking on diversity, just male, female, people of color, and others, so MUSC can continue to be not only just a great school but a school that's very open to attract people, not only from South Carolina but all across the world and be a more diversified community. But especially in educating a lot of South Carolinian people of color and trying to get them into the Medical University.
Talk with me about what you've seen and how you've been working on to try to make that better, if that's been part of your plan. In that, you have to look at your population. And if your population is such, you want to keep -- you want that to reflect at that level. I will tell you, 1968, I'm a freshman medical student, so I've been there and I've been -- I was there for nine years, and I saw the medical university even in 1968, you might not believe what I'm going to tell you, they strived to bring diversity to the medical university. Our OB/GYN was just constantly trying to get, believe it or not, females into OB/GYN. Dr. Hester just went out of the way to come to us residents to go and recruit to get females. We had, you know, African Americans, we had females. There weren't but two females in my class. You talk about diversity. Look at what what's changed in the world.
So I see -- and I know some of the reference might be to some of the difficulty we've had recently at the Medical University, but I firmly believe Dave Cole is the most committed person to diversity. I think every day we try to address it with the community, but it's not just -- the Medical University just shouldn't be addressing just Charleston. If you're qualified, there should be no barrier. There should be nothing that would be on that chart that should stop you. And I really firmly believe at the medical university, I really believe that we are trying and I know our board is just supporting Dave Cole and I can't -- he has just gone out of his way to see to it.
But are we perfect? You know, you can see North Carolina, what they're into, how do you make -- those are difficult things you get into. There's a lot of diversity. You know, they gave us a list of diversities, doesn't just mean African American and females. It's a list of 25 people. I might have gone on more than you wanted me to.
I'm fine, Mr. Chairman.
Senator Alexander. The Medical University does things a little different. We meet, have committees, and we all do the committee. So we all are there on Thursdays for all the committee meetings. And that's a little different than a lot of boards.
Now, I'm on the Medical Advisory Board, which is with Dr. Stan Baker, so I go down Wednesday at lunchtime and meet with --
We'll take it to a vote. All in favor, say "aye." Opposed, no. The ayes have it unanimously.
Thank you, Dr. Smith. Thank you for your patience with us.
Martha, would you fill us in? In accordance with Section 8-13-930, he is not allowed to ask for a commitment until the joint screening -- the screening report has been issued. The screening report will not be issued until the earliest tomorrow. So Dr. Lynn, when he realized he shouldn't have done it, he called and talked with Julie. Julie came and got us out of finance and talked to us. We, in the meantime, talked to Lyn Odom, the attorney for the Senate Ethics Committee. Lyn said because of the statute, you know, it was up to the committee to do what needed to be done. After we talked with Senator Peeler, Julie called Mr. Lyn back, Louis Lyn back. He said he was going to send a retraction letter. The second page of yours is the retraction letter that apparently he mailed out on Saturday. Julie confirmed that this morning. As of yesterday, Senator Peeler had not received his, and I think Representative Whitmire had not received his. So they may come in the mail today.
All the retraction does is say "retraction" at the top. It's the same letter that he mailed out on April the 11th. So the question to the committee is, what do you want to do?
Senator Hayes. I think this was a slip. I think he used the wrong wording, but I don't see this as violating the intent which was trying to lock people down on commitments.
I think the retraction probably could have been worded a little better as far as the retraction, but I don't see, you know, necessarily taking adverse action. But that's just my opinion. Senator Hayes is my dean of ethics. So thank you, Senator Hayes.
Senator Scott. Normally, Dr. Lynn, since I've been here, he's always a top vote getter even when he has somebody. So just knowing him, he's a genuine person. This has got to just be an error of some administrative person who he told to send a letter and probably just pulled the file and wrote the letter from the file, just updated it from the file.
I don't foresee it being a problem. Really there's no -- there really is no votes to collect.
But I do think maybe before we start doing screening in the future for us to maybe have the candidates sign some type of a form to make sure they understand that if they do this, that certainly puts them at jeopardy of being disqualified from that standpoint. Because this is not something I want to see start becoming the norm.
That's my feeling that, you know, because sometime in the future, we're going to be faced with a situation that may come up that might not be this easy to resolve. I hope we can come up with something, you know, at least for next year.
But that's why -- I know Dr. Lyn. I have utmost respect for him. We were at Clemson at the same time. He should have known better. He should have known better. And I think he definitely knows better now, but I hear what all the members, the comments you all have said. Thank goodness, it is an unopposed case. Any other discussion on that? If you would, let Dr. Lynn know what we talked about what was suggested and any other candidates. Okay. That settles that.
All in favor of that, say "aye." Opposed, no. And the ayes have it. Thank you. Senator Hayes.
SENATOR HAYES: I got here late, and I didn't know if the question was asked, but on this last candidate, is his residency situation worked out? On December the 15th, Pat Smith, the head of Wil Lou Gray, hand-delivered a letter of intent for a Ms. Newman from Cayce. She never -- at that time Julie had mailed and we have documentation that she mailed her application packet to her the same day. Ms. Newman never completed the application packet and did not get it in. Last Thursday, she realized she wasn't going to be on the board. She's an incumbent on the board.
Pat Smith called to say that she was going to be prepared to contact every member of the Lexington County delegation. So just to make you all aware, if anybody from Lexington County contacts you that you're kicking Ms. Newman off the board, she did not fill out the paperwork. You may remember, two candidates have applied for the MUSC Congressional District 4, the medical board seat. Dr. Thomas is the incumbent, and Dr. Mitchell is running for that seat.
He has sent the chairman some information regarding Dr. Thomas' residency in the 4th Congressional District, so the packet you just got is from Dr. Mitchell.
Dr. Mitchell, would you still like to speak to the committee?
Let me swear you in. Do you swear to tell the truth, the whole truth, and nothing but the truth, so help you God? I would like to thank the committee for listening to me today. I'm a very poor speaker to a group like this, but I hope that I may speak to my patients better. I am an orthopedic spine surgeon, not a private investigator or someone that knows all the rules of the committee. I'm running for the board of the Medical University of South Carolina Board of Trustees, District 4, medical seat. I was encouraged by people on the board to do this because they know I've had a desire to serve on this board for many years. It is actually a well-known fact that the current faculty members feel that the -- some of the current faculty members feel the integrity of the board is compromised due to the known fact that Charlie Thomas has lived in Charleston for several years and continues to pose as a resident of District 4, which includes Greenville and Spartanburg counties. During Dr. Thomas' testimony last week, which I was at, on April 11, 2016, he stated that he paid 4 percent taxes on my farm in Laurens County. I feel this information is erroneous. And according to a Ms. West at the tax office in Charleston -- in Laurens County, he paid a 6 percent rate on his farm and Laurens County is entirely in District 3. This would make it not fulfill one of the four requirements of the residency of Greenville County. It is my feeling that the board members should consider this as new information. In looking at other -- if you look at the just the continuation of this over the past three years I've been considering this run, driver's license is something that you have checked. I haven't seen, but I assume that says Greenville. His application and his voter registration listed his address as a private residential address, what appears to be a relative of his, 110 East Prentiss Avenue. He swore last week that he rented an apartment in Greenville County, and I don't see a listing of an apartment as an address. And if he rented that apartment two weeks ago or two years ago, I don't know, but I would think that would be something that we need to know. Why do the addresses differ from his voter registration, his application registration? Why is that a private residence of what appears to be a relative and not his apartment? His income tax filing, I have no concerns about that. The 4 percent tax, we discussed that it appears he didn't pay 4 percent from Mrs. Lynn West of the Laurens County tax assessor. It was at the rate of 6 percent, and it was in a district other than District 4. I would like to point out also, I put in that packet a legal notice from the South Carolina Medical Practice Act that said that you should change your address when you change addresses. Well, he did indeed change his address when he left Greenville County to Awendaw in Charleston County. I made a printout of that February 3rd, 2016, and he listed the hospital affiliations. He's no longer affiliated with any of those hospitals which -- and he put the correct address, 391 Bulls Island road, Awendaw, South Carolina, in Charleston County. I checked the medical board last night, so sometime within the last week, he has changed that medical license to 110 East Prentiss Avenue, which is not the apartment he says he's rented but is a private residence of one of these relatives, I believe. So in the past week or two he's changed his license, which just appears to me as though he's gaming the system. A personal note. This is hearsay. I was at a meeting with a lot of the faculty and some of the board, and they say that his votes have been influenced somewhat by the fact that they know that he's not a resident of Greenville, and so they just need to remind him that maybe we will turn you in if you don't straighten up and vote our way. I think that compromises his voting ability, and that's my opinion only. But my real questions are, is he trying to comply, when did he comply, and how long will it last? I don't know if there's a rule you must comply before you fill out your application or can you fill it out any time before the vote and comply with the registration -- with the restrictions on being a resident in District 4.
That's all I have to say. I'll answer any questions. I wasn't trying to be mean. I'm not trying to be malicious. I've known Charlie for 30 years. He's a fine person. But if you don't live in Greenville, I don't think you should say you do.
Senator Hayes.
And I have talked to Dr. Thomas in trying to weed through all of this with our delegations. He does travel a lot, and he does do a lot of medical mission work. He travels a lot, says he lives in Greenville. I'm sure that he spends a lot of time all over the state, to be honest with you, from what I'm picking up between the vacation home and the farm and the place that he rents. Given the nature of each property, lake property and others, and after Act 388, I'm pretty sure you probably saw some shift in what people decide they want to take the 4 percent. But the real question is, what is his legal residence? If I'm running for Congress, running for the House, State Senate, local government, what is my actual residency? That's why I ask the question about does the statute tie us down specifically. It says you must live and reside in the district which you are running for and remain in it after you're elected. It didn't say that you can't have recreation property that you cannot enjoy and do other things such as ag, if that's what you like. So the 4 percent doesn't really give me a lot of heartburn. Driver's license, voter registration, tax returns, I think those are the kind of things you can tie yourself down to. And even if you decide on your rec property to get the 4 percent on it and get 6 where you live at, you may not go to rec probably but once a year, twice a year. So I'm just trying to tie that 4 percent to something that really proves whether or not that's where I live or don't live.
And that 4 percent, like I say, doesn't give me a lot of heartburn. Our question is, you know, he swore that, you know, he is in Greenville, and I don't know any way to dispute that. I mean, unless there's some proof that he doesn't live there, and he may live there just part of the time.
But I'm convinced that it's because he wants to serve on the board that he's established there in Greenville and probably spends most of his time somewhere else. But we don't have rules to change that. So I don't know how we can disqualify him just on what we've heard so far.
But on the basis of that, you know, I don't think that we should change the recommendations that we've made and allow our delegations to get together and figure out how we're going to address this appointment because it's raised a lot of questions. But I don't believe this committee should find either unqualified on the basis of that.
If you can take some advice, Dr. Mitchell.
Anything else to come before us? Nothing else?
We stand adjourned. Received as information.
Rep. ALLISON, from the Committee on Education and Public Works, submitted a favorable report on:
H. 5021 (Word version) -- Reps. Collins, Clary and Felder: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO ENACT THE "ADULT STUDENTS WITH DISABILITIES EDUCATIONAL RIGHTS CONSENT ACT" BY ADDING ARTICLE 3 TO CHAPTER 33, TITLE 59 SO AS TO PROVIDE PROCEDURES AND POLICIES THROUGH WHICH STUDENTS WHO ARE ELIGIBLE FOR SPECIAL EDUCATION UNDER THE INDIVIDUALS WITH DISABILITIES ACT AND WHO HAVE NOT BEEN DETERMINED TO BE INCAPACITATED IN PROBATE COURT MAY BE IDENTIFIED AS UNABLE TO PROVIDE INFORMED CONSENT WITH RESPECT TO HIS EDUCATIONAL PROGRAM AND DELEGATE THE AUTHORITY TO MAKE SUCH DECISIONS TO AN AGENT OR REPRESENTATIVE; AND TO DESIGNATE THE EXISTING SECTIONS OF CHAPTER 33, TITLE 59 AS ARTICLE 1 ENTITLED "GENERAL PROVISIONS". Rep. ALLISON, from the Committee on Education and Public Works, submitted a favorable report with amendments on:
H. 5089 (Word version) -- Rep. Daning: A BILL TO AMEND SECTION 56-19-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TERMS AND THEIR DEFINITIONS REGARDING THE PROTECTION OF TITLES TO AND INTEREST IN MOTOR VEHICLES, SO AS TO ADD ADDITIONAL TERMS AND THEIR DEFINITIONS TO THIS SECTION; AND TO AMEND SECTION 56-19-265, AS AMENDED, RELATING TO LIENS RECORDED AGAINST MOTOR VEHICLES AND MOBILE HOMES, SO AS TO PROVIDE THAT A LIEN OR ENCUMBRANCE ON A MOTOR VEHICLE OR TITLED MOBILE HOME MUST BE NOTED ON THE PRINTED TITLE OR ELECTRONICALLY THROUGH THE DEPARTMENT OF MOTOR VEHICLES' ELECTRONIC TITLE AND LIEN SYSTEM, TO PROVIDE THAT THE TRANSMITTAL MUST BE DONE ELECTRONICALLY FOR BUSINESS ENTITIES, TO MAKE TECHNICAL CHANGES, TO PROVIDE THAT BUSINESS ENTITIES ARE SUBJECT TO CERTAIN FEES, TO PROVIDE THAT THE TRANSMITTAL AND RETRIEVAL OF DATA FEES ARE "OFFICIAL FEES", TO PROVIDE THAT CERTAIN BUSINESSES AND COMMERCIAL LIENHOLDERS MUST UTILIZE THE ELECTRONIC LIEN SYSTEM TO TRANSMIT AND RECEIVE ELECTRONIC LIEN INFORMATION, TO PROVIDE THE EFFECTIVE DATE AND LAPSE DATE FOR CERTAIN LIENS, TO PROVIDE THAT THE DEPARTMENT SHALL PUBLISH FORMS FOR THE PURPOSE OF FILING A LIEN CONTINUATION STATEMENT, AND TO PROVIDE THE PROCESS FOR FILING A LIEN CONTINUATION STATEMENT AND THE PERIOD FOR WHICH THE LIEN REMAINS IN EFFECT.
The following was introduced: H. 5238 (Word version) -- Reps. G. M. Smith, Weeks, Alexander, Allison, Anderson, Anthony, Atwater, Bales, Ballentine, Bamberg, Bannister, Bedingfield, Bernstein, Bingham, Bowers, Bradley, Brannon, G. A. Brown, R. L. Brown, Burns, Chumley, Clary, Clemmons, Clyburn, Cobb-Hunter, Cole, Collins, Corley, H. A. Crawford, Crosby, Daning, Delleney, Dillard, Douglas, Duckworth, Erickson, Felder, Finlay, Forrester, Fry, Funderburk, Gagnon, Gambrell, George, Gilliard, Goldfinch, Govan, Hamilton, Hardee, Hart, Hayes, Henderson, Henegan, Herbkersman, Hicks, Hill, Hiott, Hixon, Hodges, Horne, Hosey, Howard, Huggins, Jefferson, Johnson, Jordan, Kennedy, King, Kirby, Knight, Limehouse, Loftis, Long, Lowe, Lucas, Mack, McCoy, McEachern, McKnight, M. S. McLeod, W. J. McLeod, Merrill, Mitchell, D. C. Moss, V. S. Moss, Murphy, Nanney, Neal, Newton, Norman, Norrell, Ott, Parks, Pitts, Pope, Putnam, Quinn, Ridgeway, Riley, Rivers, Robinson-Simpson, Rutherford, Ryhal, Sandifer, Simrill, G. R. Smith, J. E. Smith, Sottile, Southard, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Tinkler, Toole, Wells, Whipper, White, Whitmire, Williams, Willis and Yow: A HOUSE RESOLUTION TO RECOGNIZE AND HONOR THE DEDICATION, HEROISM, AND IMPORTANCE OF FIREFIGHTERS IN THE PALMETTO STATE AND TO DECLARE MAY 4, 2016, AS "FIREFIGHTERS' DAY" IN SOUTH CAROLINA. The Resolution was adopted.
The following was introduced: H. 5239 (Word version) -- Reps. G. M. Smith, Weeks, McKnight, Ridgeway, Alexander, Allison, Anderson, Anthony, Atwater, Bales, Ballentine, Bamberg, Bannister, Bedingfield, Bernstein, Bingham, Bowers, Bradley, Brannon, G. A. Brown, R. L. Brown, Burns, Chumley, Clary, Clemmons, Clyburn, Cobb-Hunter, Cole, Collins, Corley, H. A. Crawford, Crosby, Daning, Delleney, Dillard, Douglas, Duckworth, Erickson, Felder, Finlay, Forrester, Fry, Funderburk, Gagnon, Gambrell, George, Gilliard, Goldfinch, Govan, Hamilton, Hardee, Hart, Hayes, Henderson, Henegan, Herbkersman, Hicks, Hill, Hiott, Hixon, Hodges, Horne, Hosey, Howard, Huggins, Jefferson, Johnson, Jordan, Kennedy, King, Kirby, Knight, Limehouse, Loftis, Long, Lowe, Lucas, Mack, McCoy, McEachern, M. S. McLeod, W. J. McLeod, Merrill, Mitchell, D. C. Moss, V. S. Moss, Murphy, Nanney, Neal, Newton, Norman, Norrell, Ott, Parks, Pitts, Pope, Putnam, Quinn, Riley, Rivers, Robinson-Simpson, Rutherford, Ryhal, Sandifer, Simrill, G. R. Smith, J. E. Smith, Sottile, Southard, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Tinkler, Toole, Wells, Whipper, White, Whitmire, Williams, Willis and Yow: A HOUSE RESOLUTION TO RECOGNIZE AND HONOR SOUTH CAROLINA HIGHWAY PATROL TROOPER FIRST CLASS JAMES CAMERON WELSH OF FLORENCE COUNTY, UPON BEING NAMED THE 2015 TROOPER OF THE YEAR FOR DUI ARRESTS, AND TO EXPRESS DEEP GRATITUDE FOR HIS MERITORIOUS SERVICE TO THE CITIZENS OF HIS COMMUNITY. The Resolution was adopted.
The following was introduced: H. 5240 (Word version) -- Reps. Govan, Cobb-Hunter, Hosey, Ott, Alexander, Allison, Anderson, Anthony, Atwater, Bales, Ballentine, Bamberg, Bannister, Bedingfield, Bernstein, Bingham, Bowers, Bradley, Brannon, G. A. Brown, R. L. Brown, Burns, Chumley, Clary, Clemmons, Clyburn, Cole, Collins, Corley, H. A. Crawford, Crosby, Daning, Delleney, Dillard, Douglas, Duckworth, Erickson, Felder, Finlay, Forrester, Fry, Funderburk, Gagnon, Gambrell, George, Gilliard, Goldfinch, Hamilton, Hardee, Hart, Hayes, Henderson, Henegan, Herbkersman, Hicks, Hill, Hiott, Hixon, Hodges, Horne, Howard, Huggins, Jefferson, Johnson, Jordan, Kennedy, King, Kirby, Knight, Limehouse, Loftis, Long, Lowe, Lucas, Mack, McCoy, McEachern, McKnight, M. S. McLeod, W. J. McLeod, Merrill, Mitchell, D. C. Moss, V. S. Moss, Murphy, Nanney, Neal, Newton, Norman, Norrell, Parks, Pitts, Pope, Putnam, Quinn, Ridgeway, Riley, Rivers, Robinson-Simpson, Rutherford, Ryhal, Sandifer, Simrill, G. M. Smith, G. R. Smith, J. E. Smith, Sottile, Southard, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Tinkler, Toole, Weeks, Wells, Whipper, White, Whitmire, Williams, Willis and Yow: A HOUSE RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES UPON THE DEATH OF WILLIAM CAPERS COOK OF ORANGEBURG AND TO EXTEND THE DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS. The Resolution was adopted.
The following was introduced: H. 5241 (Word version) -- Reps. Willis, Bedingfield, Pitts, Alexander, Allison, Anderson, Anthony, Atwater, Bales, Ballentine, Bamberg, Bannister, Bernstein, Bingham, Bowers, Bradley, Brannon, G. A. Brown, R. L. Brown, Burns, Chumley, Clary, Clemmons, Clyburn, Cobb-Hunter, Cole, Collins, Corley, H. A. Crawford, Crosby, Daning, Delleney, Dillard, Douglas, Duckworth, Erickson, Felder, Finlay, Forrester, Fry, Funderburk, Gagnon, Gambrell, George, Gilliard, Goldfinch, Govan, Hamilton, Hardee, Hart, Hayes, Henderson, Henegan, Herbkersman, Hicks, Hill, Hiott, Hixon, Hodges, Horne, Hosey, Howard, Huggins, Jefferson, Johnson, Jordan, Kennedy, King, Kirby, Knight, Limehouse, Loftis, Long, Lowe, Lucas, Mack, McCoy, McEachern, McKnight, M. S. McLeod, W. J. McLeod, Merrill, Mitchell, D. C. Moss, V. S. Moss, Murphy, Nanney, Neal, Newton, Norman, Norrell, Ott, Parks, Pope, Putnam, Quinn, Ridgeway, Riley, Rivers, Robinson-Simpson, Rutherford, Ryhal, Sandifer, Simrill, G. M. Smith, G. R. Smith, J. E. Smith, Sottile, Southard, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Tinkler, Toole, Weeks, Wells, Whipper, White, Whitmire, Williams and Yow: A HOUSE RESOLUTION TO RECOGNIZE AND HONOR FOUNTAIN INN WESLEYAN CHURCH OF GREENVILLE COUNTY AND TO CONGRATULATE THE CONGREGATION AND PASTOR FOR ONE HUNDRED YEARS OF CONTINUOUS MINISTRY IN THE COMMUNITY. The Resolution was adopted.
The following was introduced: H. 5242 (Word version) -- Reps. Gambrell, Gagnon, White, Hill, Putnam and Thayer: A HOUSE RESOLUTION TO RECOGNIZE AND HONOR VETERANS OF THE BELTON AREA UPON THE OPENING OF THE BELTON AREA MUSEUM ASSOCIATION'S EXHIBIT WAR STORIES AT THE HISTORIC BELTON TRAIN DEPOT. The Resolution was adopted.
The following was introduced: H. 5243 (Word version) -- Reps. Clemmons, Hayes, Goldfinch, Alexander, Allison, Anderson, Anthony, Atwater, Bales, Ballentine, Bamberg, Bannister, Bedingfield, Bernstein, Bingham, Bowers, Bradley, Brannon, G. A. Brown, R. L. Brown, Burns, Chumley, Clary, Clyburn, Cobb-Hunter, Cole, Collins, Corley, H. A. Crawford, Crosby, Daning, Delleney, Dillard, Douglas, Duckworth, Erickson, Felder, Finlay, Forrester, Fry, Funderburk, Gagnon, Gambrell, George, Gilliard, Govan, Hamilton, Hardee, Hart, Henderson, Henegan, Herbkersman, Hicks, Hill, Hiott, Hixon, Hodges, Horne, Hosey, Howard, Huggins, Jefferson, Johnson, Jordan, Kennedy, King, Kirby, Knight, Limehouse, Loftis, Long, Lowe, Lucas, Mack, McCoy, McEachern, McKnight, M. S. McLeod, W. J. McLeod, Merrill, Mitchell, D. C. Moss, V. S. Moss, Murphy, Nanney, Neal, Newton, Norman, Norrell, Ott, Parks, Pitts, Pope, Putnam, Quinn, Ridgeway, Riley, Rivers, Robinson-Simpson, Rutherford, Ryhal, Sandifer, Simrill, G. M. Smith, G. R. Smith, J. E. Smith, Sottile, Southard, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Tinkler, Toole, Weeks, Wells, Whipper, White, Whitmire, Williams, Willis and Yow: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR MAJOR WILLIAM POOLE OF FLORENCE UPON THE OCCASION OF HIS RETIREMENT FROM THE SOUTH CAROLINA DEPARTMENT OF NATURAL RESOURCES, TO THANK HIM FOR HIS TWENTY-FIVE YEARS OF OUTSTANDING PUBLIC SERVICE, AND TO WISH HIM CONTINUED SUCCESS AND HAPPINESS IN ALL HIS FUTURE ENDEAVORS. The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 5244 (Word version) -- Reps. Alexander and Williams: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF PINE STREET (STATE ROAD S-21-1380) FROM ITS INTERSECTION WITH SOUTH CHURCH STREET TO ITS INTERSECTION WITH SOUTH JEFFORDS STREET IN THE CITY OF FLORENCE "EDWARD 'ED' ROBINSON WAY" AND ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS HIGHWAY CONTAINING THIS DESIGNATION.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 5245 (Word version) -- Reps. Tallon, Bannister, J. E. Smith, Finlay, Anthony, Bernstein, Bales, Bingham, Clary, Cole, Delleney, Forrester, Henderson, Herbkersman, Pope and G. M. Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 61-4-945 SO AS TO PROVIDE THAT A MANUFACTURER, BREWER, IMPORTER, OR RETAILER MAY OFFER OR SPONSOR CERTAIN COUPONS AND REBATES TO A CONSUMER FOR THE PURCHASE OF BEER, TO PROVIDE THAT A WHOLESALER IS PROHIBITED FROM PARTICIPATING IN THE PROCUREMENT, REDEMPTION, OR OTHER COSTS ASSOCIATED FOR ANY COUPON OR REBATE FOR BEER, AND TO PROVIDE THAT A BEER MANUFACTURER OR WHOLESALER IS PROHIBITED FROM OFFERING PAPER INSTANT REDEEMABLE COUPONS AND SCANBACK COUPONS FOR BEER IN THIS STATE.
H. 5246 (Word version) -- Reps. Long and Tinkler: A BILL TO AMEND SECTION 47-1-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ILL-TREATMENT OF ANIMALS AND PENALTIES ASSOCIATED WITH VIOLATING THIS PROVISION, SO AS TO PROVIDE THAT A PERSON CONVICTED OF VIOLATING THIS SECTION MUST UNDERGO A MENTAL HEALTH EVALUATION.
H. 5247 (Word version) -- Reps. Gambrell, Gagnon and Putnam: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-61-170 SO AS TO ESTABLISH REQUIREMENTS FOR EMERGENCY SERVICE SYSTEM BILLING AND INSURANCE COVERAGE PRACTICES APPLICABLE TO NONNETWORK EMERGENCY MEDICAL SERVICE PROVIDERS; AND TO AMEND SECTION 44-61-20, AS AMENDED, RELATING TO DEFINITIONS USED IN THE EMERGENCY MEDICAL SERVICES ACT, SO AS TO ADD A DEFINITION FOR "INSURER".
S. 1233 (Word version) -- Senator Sheheen: A BILL TO AMEND SECTION 4-10-470, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COUNTIES IN WHICH THE EDUCATION CAPITAL IMPROVEMENTS SALES AND USE TAX MAY BE IMPOSED, SO AS TO REVISE THE CRITERIA APPLICABLE TO CERTAIN COUNTIES IN ORDER FOR THEM TO PLACE THE QUESTION OF IMPOSING THIS SALES AND USE TAX ON A REFERENDUM BALLOT.
S. 1238 (Word version) -- Senator Leatherman: A BILL TO AMEND ACT 806 OF 1952, AS AMENDED, RELATING TO THE ANNUAL BUDGET FOR FLORENCE COUNTY SCHOOL DISTRICT TWO, SO AS TO ONLY REQUIRE A SEPARATE MEETING OF THE CITIZENS IF THE PROPOSED BUDGET REQUIRES A MILLAGE INCREASE.
The roll call of the House of Representatives was taken resulting as follows: Alexander Allison Anderson Anthony Atwater Bales Ballentine Bamberg Bannister Bedingfield Bernstein Bingham Bowers Bradley Brannon G. A. Brown R. L. Brown Burns Chumley Clary Clemmons Clyburn Cobb-Hunter Cole Collins Crosby Daning Delleney Dillard Douglas Duckworth Erickson Felder Forrester Fry Funderburk Gagnon George Gilliard Goldfinch Govan Hamilton Hardee Hayes Henderson Henegan Hicks Hill Hiott Hixon Hodges Horne Howard Huggins Jefferson Johnson Jordan King Kirby Knight Long Lucas Mack McEachern McKnight W. J. McLeod Mitchell D. C. Moss Nanney Newton Pitts Pope Riley Rivers Rutherford Sandifer Simrill G. R. Smith J. E. Smith Sottile Southard Spires Stringer Tallon Taylor Wells Whipper White Williams
I came in after the roll call and was present for the Session on Wednesday, April 20. Heather Crawford Kirkman Finlay Mike Gambrell William G. Herbkersman Lonnie Hosey Ralph Kennedy H. B. "Chip" Limehouse Dwight Loftis Peter McCoy, Jr. Mia S. McLeod James Merrill Chris Murphy Joseph Neal Mandy Powers Norrell Russell Ott Anne Parks Richard "Rick" Quinn G. Murrell Smith Leon Stavrinakis Mary E. Tinkler McLain R. "Mac" Toole David Weeks Mark Willis Richie Yow Leola Robinson-Simpson
The SPEAKER granted Rep. RIDGEWAY a leave of absence for the day due to a prior commitment.
The SPEAKER granted Rep. RYHAL a leave of absence for the day due to medical reasons.
The SPEAKER granted Rep. PUTNAM a leave of absence for the day due to business reasons.
The SPEAKER granted Rep. V. S. MOSS a leave of absence for the day due to family medical reasons.
The SPEAKER granted Rep. THAYER a leave of absence for the day due to family medical reasons.
The SPEAKER granted Rep. WILLIS a temporary leave of absence.
The SPEAKER granted Rep. STAVRINAKIS a temporary leave of absence.
I have a mandatory court appearance the morning of April 20, 2016, and will be late arriving for Session in the House Chambers. Rep. Leon Stavrinakis
Announcement was made that Dr. Suzanne L. Schwab of Lexington was the Doctor of the Day for the General Assembly.
Rep. ALLISON presented to the House Miss South Carolina 2015, Daja Dial, and Miss South Carolina Teen 2015, Sarah Hamrick, along with the 2016 Miss South Carolina contestants.
In accordance with House Rule 5.2 below: "5.2 Every bill before presentation shall have its title endorsed; every report, its title at length; every petition, memorial, or other paper, its prayer or substance; and, in every instance, the name of the member presenting any paper shall be endorsed and the papers shall be presented by the member to the Speaker at the desk. A member may add his name to a bill or resolution or a co-sponsor of a bill or resolution may remove his name at any time prior to the bill or resolution receiving passage on second reading. The member or co-sponsor shall notify the Clerk of the House in writing of his desire to have his name added or removed from the bill or resolution. The Clerk of the House shall print the member's or co-sponsor's written notification in the House Journal. The removal or addition of a name does not apply to a bill or resolution sponsored by a committee."
Bill Number: H. 3039 (Word version)
Bill Number: H. 4395 (Word version)
Bill Number: H. 4661 (Word version)
Bill Number: H. 4763 (Word version)
Bill Number: H. 4765 (Word version)
Bill Number: H. 4774 (Word version)
Bill Number: H. 4776 (Word version)
Bill Number: H. 5006 (Word version)
Bill Number: H. 5007 (Word version)
Bill Number: H. 5009 (Word version)
Bill Number: H. 5237 (Word version)
Bill Number: H. 5109 (Word version)
Bill Number: H. 5140 (Word version)
The following Bills were taken up, read the third time, and ordered sent to the Senate: H. 4574 (Word version) -- Reps. Spires, Herbkersman and Long: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO ENACT THE "ELECTROLOGY PRACTICE ACT" BY ADDING ARTICLE 3 TO CHAPTER 13, TITLE 40 SO AS TO PROVIDE A CITATION, TO PROVIDE PURPOSES, TO PROVIDE NECESSARY DEFINITIONS, TO PROHIBIT CERTAIN CONDUCT CONCERNING THE PRACTICE AND TEACHING OF ELECTROLOGY WITHOUT LICENSURE, TO CREATE THE ELECTROLOGY LICENSURE COMMITTEE AS AN ADVISORY BOARD UNDER THE AUSPICES OF THE COSMETOLOGY BOARD, TO PROVIDE FOR THE COMPOSITION AND ORGANIZATION OF THE COMMITTEE, TO PROVIDE THE POWERS AND DUTIES OF THE COMMITTEE, TO PROVIDE REQUIREMENTS FOR LICENSURE AS AN ELECTROLOGIST AND REQUIREMENTS FOR LICENSURE AS AN ELECTROLOGY INSTRUCTOR, TO PROVIDE REQUIREMENTS FOR THE CONDUCT OF LICENSEES, TO PROVIDE PROCEDURES FOR VOLUNTARY SURRENDER OF A LICENSE AND SUBSEQUENT REINSTATEMENT, TO PROVIDE PENALTIES FOR VIOLATIONS, AND TO PROVIDE DISCIPLINARY PROCEDURES FOR VIOLATIONS, AMONG OTHER THINGS; TO AMEND SECTION 40-13-5, RELATING TO APPLICABILITY OF THE CHAPTER, SO AS TO MAKE A CONFORMING CHANGE; TO DESIGNATE EXISTING SECTIONS OF THE CHAPTER AS ARTICLE 1, ENTITLED "COSMETOLOGISTS, NAIL TECHNICIANS, AND ESTHETICIANS"; AND TO REDESIGNATE THE CHAPTER AS "COSMETOLOGY AND MISCELLANEOUS RELATED OCCUPATIONS". H. 4763 (Word version) -- Reps. Pope, D. C. Moss, Yow, Hardee, Duckworth, Johnson, Goldfinch, Southard, Long, Felder, Taylor, George, Simrill, Jordan, Chumley, Clemmons, Sandifer, Wells, Whitmire, Funderburk and Tallon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-7-180 SO AS TO CREATE THE INTERNET CRIMES AGAINST CHILDREN FUND TO INVESTIGATE, PROSECUTE, AND PREVENT INTERNET CRIMES AGAINST CHILDREN; AND TO AMEND SECTIONS 14-1-206, 14-1-207, AND 14-1-208, ALL AS AMENDED, ALL RELATING TO ADDITIONAL ASSESSMENTS IMPOSED BY CERTAIN COURTS, SO AS TO REVISE THE AMOUNT OF AN ASSESSMENT THAT A PERSON MUST PAY. H. 4492 (Word version) -- Reps. Putnam, Clyburn, Collins, Clary, Erickson, Long, Ryhal, Herbkersman, Newton, Tinkler, Jordan, Hicks, McCoy, M. S. McLeod, Douglas, Henegan, Allison, G. M. Smith, Funderburk, Finlay and Pitts: A BILL TO AMEND SECTION 63-7-1630, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NOTICE OF CHILD ABUSE AND NEGLECT HEARINGS, SO AS TO REQUIRE THE DEPARTMENT OF SOCIAL SERVICES TO PROVIDE TEN DAYS NOTICE OF A HEARING TO, AMONG OTHERS, FOSTER PARENTS AND TO REQUIRE THE NOTICE TO INFORM FOSTER PARENTS OF THE RIGHT TO SUBMIT A REPORT TO THE COURT; TO AMEND SECTION 63-7-1700, AS AMENDED, RELATING TO PERMANENCY PLANNING FOR CHILDREN IN FOSTER CARE, SO AS TO REQUIRE THE DEPARTMENT TO PROVIDE NOTICE OF A PERMANENCY PLANNING HEARING TO FOSTER PARENTS AND OTHER PERSONS PROVIDING CARE FOR A CHILD; AND TO AMEND SECTION 63-11-720, RELATING TO FUNCTIONS OF THE FOSTER CARE REVIEW BOARD, SO AS TO REQUIRE THE FOSTER CARE REVIEW BOARD TO ADVISE FOSTER PARENTS ABOUT THE RIGHT TO SUBMIT A REPORT TO AND BE HEARD BY THE COURT AT A HEARING CONCERNING THE CHILD. H. 4398 (Word version) -- Reps. Clemmons, Yow, Burns, Pitts, McCoy and Hicks: A BILL TO AMEND SECTION 15-41-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY EXEMPT FROM BANKRUPTCY PROCEEDINGS OR ATTACHMENT, LEVY, AND SALE, SO AS TO EXEMPT THREE FIREARMS OF ANY VALUE AND ONE THOUSAND ROUNDS OF AMMUNITION FOR EACH FIREARM OWNED BY THE DEBTOR.
The following Bill was taken up, read the third time, and ordered returned to the Senate with amendments: S. 339 (Word version) -- Senators Lourie and Scott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ENACT "HOPE'S LAW" BY ADDING SECTION 44-115-160 SO AS TO REQUIRE MAMMOGRAM PROVIDERS TO PROVIDE A MAMMOGRAM REPORT TO PATIENTS ABOUT BREAST DENSITY AND TO REQUIRE THESE PROVIDERS TO INCLUDE A CONSPICUOUS NOTICE WHEN A MAMMOGRAM SHOWS THE PRESENCE OF DENSE BREAST TISSUE.
The following Bill was read the third time, passed and, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification: S. 849 (Word version) -- Senators Cromer, Allen and Scott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 20 TO CHAPTER 71, TITLE 38 SO AS TO PROVIDE PROCEDURES GOVERNING THE MAXIMUM ALLOWABLE COST REIMBURSEMENTS FOR GENERIC PRESCRIPTION DRUGS BY PHARMACY BENEFIT MANAGERS, TO PROVIDE NECESSARY DEFINITIONS, TO EXEMPT THE SOUTH CAROLINA DEPARTMENT OF HEALTH AND HUMAN SERVICES IN THE PERFORMANCE OF ITS DUTIES IN ADMINISTERING MEDICAID UNDER TITLES XIX AND XXI OF THE SOCIAL SECURITY ACT, TO PROVIDE REQUIREMENTS FOR PLACING DRUGS ON MAXIMUM ALLOWABLE COST LISTS BY PHARMACY BENEFIT MANAGERS, AND TO PROVIDE VARIOUS REQUIREMENTS OF PHARMACY BENEFIT MANAGERS; TO PROVIDE CONTRACTS BETWEEN PHARMACIES AND PHARMACY BENEFIT MANAGERS THAT ARE ENTERED INTO, RENEWED, OR EXTENDED ON OR AFTER THE EFFECTIVE DATE OF THIS ACT; AND TO MAKE THE PROVISIONS OF THIS ACT EFFECTIVE JANUARY 1, 2016.
Rep. ATWATER moved that the House recur to the morning hour, which was agreed to.
Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 1: H. 3167 (Word version) -- Reps. Tallon, Long, G. R. Smith, Pitts, Toole, Pope, Simrill, Johnson, Felder, Kennedy, Jordan, Goldfinch, Clemmons, Duckworth, Fry, Hardee, Ryhal, Yow, Gagnon, Willis, Rutherford, Hixon, Taylor, Hill, Howard, Williams, Douglas, Dillard, Hayes, Daning, Crosby, George, Bales, Bradley, Murphy, Bannister, Delleney, Bingham, McKnight and Kirby: A BILL TO AMEND SECTION 7-13-710, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ACCEPTABLE FORMS OF IDENTIFICATION REQUIRED OF A PERSON WHEN HE PRESENTS HIMSELF TO VOTE, SO AS TO INCLUDE A VALID AND CURRENT SOUTH CAROLINA RESIDENT CONCEALED WEAPON PERMIT AS AN AUTHORIZED FORM OF IDENTIFICATION.
Rep. RUTHERFORD proposed the following Amendment No. 1 to H. 3167 (COUNCIL\GGS\3167C001.GGS.ZW16), which was tabled: "(A) When a person presents himself to vote, he shall produce a valid and current: (1) South Carolina driver's license; or (2) other form of identification containing a photograph issued by the Department of Motor Vehicles, including a State of South Carolina employee identification card or a student identification card issued by one of the South Carolina colleges or universities enumerated in Section 59-101-10; or (3) passport; or (4) military identification containing a photograph issued by the federal government; or (5) South Carolina voter registration card containing a photograph of the voter pursuant to Section 7-5-675; or
(6) South Carolina resident concealed weapon permit issued pursuant to Article 4, Chapter 31, Title 23." "( )(1) For purposes of this section, 'designated entity' or 'designated entities' means: (a) those state agencies, boards, commissions, councils, or departments that issue photo identification cards to their employees; and (b) the South Carolina colleges or universities enumerated in Section 59-101-10. (2) To enhance the security of photo identification cards issued to employees of the State of South Carolina and to students enrolled in a South Carolina public college or university, the South Carolina Department of Motor Vehicles ('SCDMV') shall enter into appropriate memoranda of agreement with the designated entities. (3) Pursuant to the memoranda of agreement required by this subsection, upon a designated entity's specific, by name request, the SCDMV shall furnish or make available to the designated entity, an electronic or digitally formatted version of the requested individual's driver's license or state identification card photograph. (4) Designated entities may request SCDMV issued photographs only to produce and issue State of South Carolina employee identification cards and student identification cards. (a) State of South Carolina employee identification cards may not be made valid for a period exceeding ten years from the date of issuance. (b) Student identification cards issued by a designated entity are valid for the period listed on the identification card, provided the period does not exceed ten years. (5) If an individual does not have a valid South Carolina driver's license or identification card photograph issued by the SCDMV, then the designated entity shall print on that individual's identification card in a font equal in size to the individual's printed name, 'Photo not issued by the SCDMV'.
(6) Unless a designated entity requires an earlier expiration date, an identification card issued by a designated entity expires coterminously with the individual's driver's license or SCDMV issued state identification card, and a new identification card must be issued in the manner prescribed by this subsection following the renewal of the individual's driver's license or SCDMV issued state identification card." Rep. RUTHERFORD spoke in favor of the amendment. Rep. TALLON moved to table the amendment. Rep. HAYES demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are: Allison Anthony Atwater Ballentine Bannister Bedingfield Bingham Bradley Brannon Burns Chumley Clary Clemmons Cole Collins H. A. Crawford Crosby Daning Delleney Duckworth Erickson Felder Finlay Forrester Fry Gagnon Gambrell Goldfinch Hamilton Hardee Henderson Herbkersman Hicks Hill Hiott Hixon Horne Huggins Johnson Jordan Kennedy Limehouse Loftis Long Lucas McCoy Merrill D. C. Moss Murphy Nanney Newton Pitts Pope Quinn Riley Rivers Sandifer Simrill G. M. Smith G. R. Smith Sottile Southard Spires Stringer Tallon Taylor Toole Wells White Whitmire Yow
Those who voted in the negative are: Alexander Anderson Bales Bamberg Bernstein Bowers G. A. Brown R. L. Brown Clyburn Cobb-Hunter Dillard Douglas Funderburk George Gilliard Govan Hayes Henegan Hodges Hosey Howard Jefferson King Kirby Knight Mack McEachern McKnight M. S. McLeod W. J. McLeod Mitchell Norrell Ott Parks Rutherford J. E. Smith Tinkler Weeks Whipper Williams
So, the amendment was tabled.
The SPEAKER granted Rep. J. E. SMITH a temporary leave of absence. Reps. WEEKS, WHIPPER, MACK, ANDERSON, R. L. BROWN, GOVAN, HOSEY, GILLIARD, HENEGAN, MITCHELL, MCKNIGHT, CLEMMONS, WHITE, JOHNSON, FINLAY, TALLON, LOFTIS, KIRBY, BEDINGFIELD, G. R. SMITH, FUNDERBURK, ALEXANDER, CLYBURN, KING, GAGNON, GAMBRELL, DILLARD, TINKLER, WILLIAMS, RUTHERFORD, MERRILL and PITTS requested debate on the Bill.
The SPEAKER granted Rep. G. R. SMITH a temporary leave of absence.
Rep. G. M. SMITH moved that the House recur to the morning hour, which was agreed to.
The following Bill was taken up: H. 5140 (Word version) -- Reps. Pope, Felder, King, Gambrell, Gagnon, Erickson, Clary, Tallon and Henderson: A BILL TO AMEND SECTION 59-1-425, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OPENING DATE FOR THE PUBLIC SCHOOL YEAR, SO AS TO PROVIDE THE OPENING DATE FOR STUDENTS MUST NOT BE BEFORE AUGUST FIFTEENTH BEGINNING WITH THE 2017-2018 SCHOOL YEAR; TO AMEND SECTION 59-18-325, AS AMENDED, RELATING TO CERTAIN ASSESSMENTS OF VARIOUS PUBLIC SCHOOL STUDENTS BASED ON GRADE LEVEL, SO AS TO REVISE THE MANNER OF PROCUREMENT AND ADMINISTRATION OF THESE ASSESSMENTS, AMONG OTHER THINGS; AND TO AMEND SECTION 59-25-410, RELATING TO THE DATE BY WHICH PUBLIC SCHOOL TEACHERS MUST BE NOTIFIED OF THEIR TENTATIVE ASSIGNMENTS FOR THE UPCOMING SCHOOL YEAR, SO AS TO CHANGE THIS DATE FROM AUGUST FIFTEENTH TO AUGUST EIGHTH.
The Committee on Education and Public Works proposed the following Amendment No. 1 to H. 5140 (COUNCIL\AGM\5140C001. AGM.AB16), which was adopted:
Rep. STRINGER explained the amendment. Rep. BRANNON moved to adjourn debate on the Bill, which was agreed to.
The following Bill was taken up: H. 4774 (Word version) -- Reps. Govan, Parks, King, Erickson, Cobb-Hunter, Clyburn, J. E. Smith, H. A. Crawford, Yow, M. S. McLeod, Ott, Henegan, Kirby, R. L. Brown, Gilliard, Loftis, Burns, Hosey, Williams, Howard, Neal, Douglas, Mack, Tinkler, Newton, Bamberg, Jefferson, Putnam, Hamilton, G. A. Brown, Clemmons, Dillard, Duckworth, Hicks, Hodges, W. J. McLeod, G. R. Smith, Nanney, Bales, Lowe, Norrell, Bowers, Sandifer, McEachern, Weeks, Gambrell, Rivers, Bernstein, McCoy, Anderson and Whipper: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-152-15 SO AS TO PROVIDE THE SOUTH CAROLINA FIRST STEPS TO SCHOOL READINESS IS REAUTHORIZED UNTIL JULY 1, 2021, AND WILL AUTOMATICALLY BE REAUTHORIZED FOR FIVE-YEAR PERIODS AT FIVE-YEAR INTERVALS THEREAFTER.
The Committee on Education and Public Works proposed the following Amendment No. 1 to H. 4774 (COUNCIL\AGM\4774C004. AGM.AB16), which was adopted:
"Section 59-152-15. The South Carolina First Steps to School Readiness is reauthorized until July 1, 2017."
Rep. STRINGER explained the amendment. Rep. W. J. MCLEOD moved to adjourn debate on the Bill, which was agreed to.
The following Bill was taken up: H. 4795 (Word version) -- Rep. Norrell: A BILL TO AMEND SECTION 59-104-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PALMETTO FELLOWS SCHOLARSHIP PROGRAM, SO AS TO PROVIDE STUDENTS ELIGIBLE FOR THE AWARD MAY ELECT TO DEFER ENROLLMENT IN AN ELIGIBLE FOUR-YEAR INSTITUTION FOR ONE YEAR, UNTIL THE FALL TERM OF THE YEAR FOLLOWING THE YEAR OF GRADUATION, WITHOUT DECLINING THE AWARD; AND TO PROVIDE THAT THE PROVISIONS OF THIS ACT, REGARDLESS OF ITS EFFECTIVE DATE, MUST BE CONSTRUED TO APPLY TO STUDENTS WHO GRADUATE IN THE SPRING OF 2016.
The Committee on Education and Public Works proposed the following Amendment No. 1 to H. 4795 (COUNCIL\AGM\4795C001. AGM.AB16), which was adopted:
Rep. TAYLOR explained the amendment. The question then recurred to the passage of the Bill. The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are: Allison Anderson Anthony Atwater Bales Ballentine Bamberg Bannister Bedingfield Bernstein Bingham Bowers Bradley Brannon G. A. Brown R. L. Brown Burns Clary Clemmons Cobb-Hunter Cole Collins H. A. Crawford Crosby Daning Delleney Dillard Douglas Duckworth Erickson Felder Finlay Forrester Fry Funderburk Gagnon Gambrell George Gilliard Goldfinch Govan Hamilton Hardee Hayes Henderson Henegan Herbkersman Hill Hiott Hixon Hodges Horne Hosey Howard Huggins Jefferson Johnson Jordan Kennedy King Kirby Loftis Long Lucas Mack McCoy McEachern McKnight M. S. McLeod W. J. McLeod Merrill Mitchell D. C. Moss Murphy Nanney Neal Newton Norrell Ott Parks Pope Quinn Riley Rivers Rutherford Sandifer Simrill G. M. Smith Sottile Southard Spires Stringer Tallon Taylor Tinkler Toole Weeks Wells Whipper Whitmire Williams Yow
Those who voted in the negative are: White
So, the Bill, as amended, was read the second time and ordered to third reading.
I was temporarily out of the Chamber on constituent business during the vote on H. 4795. If I had been present, I would have voted in favor of the Bill. Rep. Patsy Knight
The SPEAKER granted Rep. ANTHONY a leave of absence for the remainder of the day.
The following Bill was taken up: H. 4391 (Word version) -- Reps. Burns, Yow, Chumley, Felder, Loftis, Bradley and Collins: A BILL TO AMEND SECTION 44-43-305, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TERMS DEFINED IN THE REVISED UNIFORM ANATOMICAL GIFT ACT, SO AS TO CHANGE THE DEFINITION OF "TISSUE" TO INCLUDE BRAIN TISSUE IN CERTAIN CIRCUMSTANCES; AND TO AMEND SECTION 44-43-350, AS AMENDED, RELATING TO AUTHORIZED RECIPIENTS OF ANATOMICAL GIFTS, SO AS TO CLARIFY THAT GIFTS OF BRAIN TISSUE MAY BE USED ONLY FOR RESEARCH OR EDUCATION. Rep. BURNS explained the Bill. The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are: Anderson Bales Ballentine Bedingfield Bernstein Bingham Bowers Bradley R. L. Brown Burns Clary Clyburn Cobb-Hunter Collins H. A. Crawford Crosby Daning Delleney Dillard Douglas Duckworth Erickson Felder Finlay Forrester Fry Funderburk Gagnon Gambrell George Gilliard Goldfinch Govan Hardee Hayes Henegan Hicks Hill Hiott Hixon Hodges Hosey Jefferson Johnson Jordan Kennedy King Kirby Long Lucas Mack McCoy McKnight W. J. McLeod Merrill D. C. Moss Murphy Neal Norrell Ott Parks Pitts Pope Quinn Riley Rivers Sandifer Simrill G. M. Smith J. E. Smith Sottile Southard Spires Stavrinakis Stringer Tallon Taylor Tinkler Weeks Wells Whipper Whitmire Williams Yow
Those who voted in the negative are: White
So, the Bill was read the second time and ordered to third reading.
I was temporarily out of the Chamber on constituent business during the vote on H. 4391. If I had been present, I would have voted in favor of the Bill. Rep. Wm. Weston Newton
I was temporarily out of the Chamber with a constituent and missed the vote on H. 4391. If I had been present, I would have voted in favor of the Bill. Rep. Patsy Knight
The following Bill was taken up: H. 5040 (Word version) -- Reps. Mack and Sandifer: A BILL TO AMEND SECTION 37-1-201, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TERRITORIAL APPLICATION OF THE CONSUMER PROTECTION CODE, SO AS TO EXPAND HOW A CREDITOR MAY INDUCE A CONSUMER TO ENTER INTO A TRANSACTION; TO AMEND SECTION 37-1-203, RELATING TO JURISDICTION AND SERVICE OF PROCESS, SO AS TO REPLACE THE TERM "CREDITOR" WITH THE TERM "PERSON"; TO AMEND SECTION 37-1-302, RELATING TO THE DEFINITION OF THE "FEDERAL CONSUMER CREDIT PROTECTION ACT", SO AS TO REMOVE THE REFERENCE TO THE BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM; TO AMEND SECTION 37-2-102, RELATING TO THE SCOPE OF CHAPTER 2 OF THE CONSUMER PROTECTION CODE, SO AS TO APPLY CERTAIN PROVISIONS TO THE SALE OF MOTOR VEHICLES; TO AMEND SECTION 37-2-305, RELATING TO FILING AND POSTING THE MAXIMUM RATE SCHEDULE, SO AS TO REMOVE THE PROVISION REQUIRING THE DEPARTMENT OF CONSUMER AFFAIRS TO MAINTAIN A FILE FOR EACH CREDITOR'S ORIGINAL AND ALL REVISED MAXIMUM RATE SCHEDULES, AMONG OTHER THINGS; TO AMEND SECTION 37-3-305, RELATING TO FILING AND POSTING A MAXIMUM RATE SCHEDULE, SO AS TO REMOVE THE PROVISION REQUIRING THE DEPARTMENT OF CONSUMER AFFAIRS TO MAINTAIN A FILE FOR EACH CREDITOR'S ORIGINAL AND ALL REVISED MAXIMUM RATE SCHEDULES, AMONG OTHER THINGS; TO AMEND SECTION 37-5-102, RELATING TO THE SCOPE OF CHAPTER 5 OF THE CONSUMER PROTECTION CODE, SO AS TO EXTEND THE PROVISIONS OF THE CHAPTER TO OTHER TRANSACTIONS GOVERNED BY TITLE 37; TO AMEND SECTION 37-6-102, RELATING TO THE APPLICABILITY OF CHAPTER 6, TITLE 37, SO AS TO APPLY THE PROVISIONS OF THE CHAPTER TO A PERSON WHO IS SUBJECT TO TITLE 37 OR AN ACTION OF THE ADMINISTRATOR; TO AMEND SECTION 37-6-107, RELATING TO THE APPLICATION OF CHAPTER 6 TO ADMINISTRATIVE PROCEDURE AND JUDICIAL REVIEW, SO AS TO REMOVE THE REFERENCE TO PART FOUR OF CHAPTER 6 AND INSERT THAT THE ADMINISTRATIVE PROCEDURES ACT APPLIES TO AND GOVERNS ALL ADMINISTRATIVE ACTIONS TAKEN PURSUANT TO THE CHAPTER; TO AMEND SECTION 37-6-108, RELATING TO ADMINISTRATIVE ENFORCEMENT ORDERS, SO AS TO REMOVE LANGUAGE REQUIRING AN ADMINISTRATOR TO BRING AN ACTION BEFORE THE ADMINISTRATIVE LAW COURT; TO AMEND SECTION 37-6-110, RELATING TO INJUNCTIONS AGAINST VIOLATIONS OF THE CONSUMER PROTECTION CODE, SO AS TO REPLACE THE TERM "CREDITOR" WITH THE TERM "PERSON"; TO AMEND SECTION 37-6-113, RELATING TO CIVIL ACTIONS BY THE ADMINISTRATOR, SO AS TO REPLACE THE TERM "CREDITOR" WITH THE TERM "RESPONDENT"; TO AMEND SECTION 37-6-115, RELATING TO REMEDIES AVAILABLE UNDER THE CONSUMER PROTECTION CODE, SO AS TO REPLACE THE TERM "DEBTORS" WITH THE TERM "CONSUMERS"; AND TO AMEND SECTION 37-6-118, RELATING TO INVESTIGATION OF UNFAIR TRADE PRACTICES IN CONSUMER TRANSACTIONS, SO AS TO UPDATE THE PROCEDURES AVAILABLE TO A PERSON AGGRIEVED BY AN ORDER OF THE ADMINISTRATOR. Rep. MACK explained the Bill. The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are: Alexander Allison Anderson Bales Ballentine Bamberg Bannister Bedingfield Bernstein Bingham Bowers Bradley Brannon G. A. Brown R. L. Brown Burns Clary Clemmons Clyburn Cobb-Hunter Cole Collins H. A. Crawford Crosby Daning Delleney Dillard Douglas Duckworth Erickson Felder Finlay Forrester Fry Funderburk Gagnon Gambrell George Gilliard Goldfinch Govan Hamilton Hardee Hayes Henderson Henegan Herbkersman Hicks Hill Hiott Hixon Hodges Horne Hosey Jefferson Johnson Jordan Kennedy King Kirby Loftis Long Lucas Mack McCoy McEachern McKnight M. S. McLeod W. J. McLeod Merrill Mitchell D. C. Moss Murphy Nanney Neal Newton Norrell Ott Parks Pitts Pope Quinn Riley Rivers Rutherford Sandifer Simrill G. M. Smith J. E. Smith Sottile Southard Spires Stavrinakis Stringer Tallon Taylor Tinkler Weeks Wells Whipper White Whitmire Williams Yow
Those who voted in the negative are:
So, the Bill was read the second time and ordered to third reading. Further proceedings were interrupted by expiration of time on the uncontested Calendar.
Rep. ANDERSON moved that the House recur to the morning hour, which was agreed to.
The following Bill was taken up: H. 5140 (Word version) -- Reps. Pope, Felder, King, Gambrell, Gagnon, Erickson, Clary, Tallon and Henderson: A BILL TO AMEND SECTION 59-1-425, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OPENING DATE FOR THE PUBLIC SCHOOL YEAR, SO AS TO PROVIDE THE OPENING DATE FOR STUDENTS MUST NOT BE BEFORE AUGUST FIFTEENTH BEGINNING WITH THE 2017-2018 SCHOOL YEAR; TO AMEND SECTION 59-18-325, AS AMENDED, RELATING TO CERTAIN ASSESSMENTS OF VARIOUS PUBLIC SCHOOL STUDENTS BASED ON GRADE LEVEL, SO AS TO REVISE THE MANNER OF PROCUREMENT AND ADMINISTRATION OF THESE ASSESSMENTS, AMONG OTHER THINGS; AND TO AMEND SECTION 59-25-410, RELATING TO THE DATE BY WHICH PUBLIC SCHOOL TEACHERS MUST BE NOTIFIED OF THEIR TENTATIVE ASSIGNMENTS FOR THE UPCOMING SCHOOL YEAR, SO AS TO CHANGE THIS DATE FROM AUGUST FIFTEENTH TO AUGUST EIGHTH.
Reps. BRANNON, OTT and W. J. MCLEOD proposed the following Amendment No. 2 to H. 5140 (COUNCIL\NBD\5140C001.NBD. CZ16), which was tabled:
"(A)
Rep. BRANNON explained the amendment. Rep. FELDER moved to table the amendment. Rep. CLEMMONS demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are: Alexander Allison Anderson Atwater Bales Ballentine Bannister Bingham Bowers Bradley G. A. Brown R. L. Brown Burns Chumley Clary Clemmons Cole Collins H. A. Crawford Crosby Daning Delleney Duckworth Erickson Felder Forrester Fry Gagnon Gambrell George Goldfinch Hamilton Hardee Hayes Henderson Hicks Hill Hiott Hixon Huggins Johnson Jordan Kennedy Kirby Loftis Long Lucas Merrill Murphy Nanney Newton Pitts Pope Quinn Rivers Sandifer Simrill Sottile Southard Spires Stringer Tallon Taylor Toole Wells Whipper White Whitmire
Those who voted in the negative are: Bamberg Bedingfield Bernstein Brannon Cobb-Hunter Dillard Douglas Finlay Funderburk Gilliard Govan Henegan Hodges Hosey Jefferson King Mack McCoy McEachern McKnight M. S. McLeod W. J. McLeod Mitchell D. C. Moss Neal Norrell Ott Parks Riley Rutherford G. M. Smith J. E. Smith Stavrinakis Weeks Williams Yow
So, the amendment was tabled.
Reps. BRANNON, OTT and W. J. MCLEOD proposed the following Amendment No. 3 to H. 5140 (COUNCIL\NBD\5140C002.NBD. CZ16), which was tabled:
"(A) Rep. BRANNON explained the amendment. Rep. GOLDFINCH moved to table the amendment. Rep. BRANNON demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are: Alexander Allison Atwater Bales Ballentine Bannister Bedingfield Bingham Bowers G. A. Brown R. L. Brown Burns Chumley Clary Clemmons Cole Collins H. A. Crawford Crosby Daning Delleney Duckworth Erickson Felder Forrester Fry Gagnon Gambrell George Goldfinch Hamilton Hardee Hayes Henderson Herbkersman Hicks Hill Hiott Hixon Huggins Johnson Jordan Kennedy Kirby Loftis Long Lucas M. S. McLeod Merrill D. C. Moss Murphy Nanney Newton Pitts Pope Quinn Riley Rivers Sandifer Simrill G. M. Smith Sottile Southard Spires Stringer Tallon Taylor Toole Wells Whipper White Whitmire Williams
Those who voted in the negative are: Anderson Bamberg Bernstein Brannon Clyburn Cobb-Hunter Dillard Douglas Finlay Funderburk Gilliard Govan Henegan Hodges Hosey Howard Jefferson King Mack McCoy McEachern McKnight W. J. McLeod Mitchell Neal Norrell Ott Parks J. E. Smith Stavrinakis Tinkler Weeks Yow
So, the amendment was tabled. The question then recurred to the passage of the Bill. The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are: Allison Anderson Atwater Bales Ballentine Bamberg Bannister Bedingfield Bernstein Bingham Bowers Brannon G. A. Brown R. L. Brown Burns Chumley Clary Clemmons Clyburn Cobb-Hunter Cole Collins H. A. Crawford Crosby Daning Delleney Dillard Douglas Duckworth Erickson Felder Finlay Forrester Fry Funderburk Gagnon Gambrell George Gilliard Goldfinch Govan Hamilton Hardee Hayes Henderson Henegan Herbkersman Hicks Hill Hiott Hixon Hodges Hosey Howard Huggins Jefferson Johnson Jordan King Kirby Loftis Long Lucas Mack McCoy McEachern McKnight M. S. McLeod W. J. McLeod Merrill Mitchell D. C. Moss Murphy Nanney Neal Newton Norrell Ott Parks Pitts Pope Quinn Riley Rivers Rutherford Sandifer Simrill G. M. Smith J. E. Smith Sottile Southard Spires Stavrinakis Stringer Tallon Taylor Tinkler Toole Weeks Wells Whipper White Whitmire Williams Yow
Those who voted in the negative are:
So, the Bill, as amended, was read the second time and ordered to third reading.
I was temporarily out of the Chamber on constituent business during the vote on H. 5140. If I had been present, I would have voted in favor of the Bill. Rep. Patsy Knight
The following Bill was taken up: H. 4774 (Word version) -- Reps. Govan, Parks, King, Erickson, Cobb-Hunter, Clyburn, J. E. Smith, H. A. Crawford, Yow, M. S. McLeod, Ott, Henegan, Kirby, R. L. Brown, Gilliard, Loftis, Burns, Hosey, Williams, Howard, Neal, Douglas, Mack, Tinkler, Newton, Bamberg, Jefferson, Putnam, Hamilton, G. A. Brown, Clemmons, Dillard, Duckworth, Hicks, Hodges, W. J. McLeod, G. R. Smith, Nanney, Bales, Lowe, Norrell, Bowers, Sandifer, McEachern, Weeks, Gambrell, Rivers, Bernstein, McCoy, Anderson and Whipper: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-152-15 SO AS TO PROVIDE THE SOUTH CAROLINA FIRST STEPS TO SCHOOL READINESS IS REAUTHORIZED UNTIL JULY 1, 2021, AND WILL AUTOMATICALLY BE REAUTHORIZED FOR FIVE-YEAR PERIODS AT FIVE-YEAR INTERVALS THEREAFTER. Rep. ALLISON moved to adjourn debate on the Bill until Thursday, April 21, which was agreed to.
The following Bill was taken up: H. 5023 (Word version) -- Reps. Sottile and Sandifer: A BILL TO AMEND SECTION 40-60-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN THE SOUTH CAROLINA REAL ESTATE APPRAISER LICENSE AND CERTIFICATION ACT, SO AS TO DELETE AND REVISE CERTAIN DEFINITIONS; TO AMEND SECTION 40-60-30, RELATING TO ACTIVITIES REQUIRING LICENSURE AS A REAL ESTATE APPRAISER, SO AS TO REVISE EXCEPTIONS; TO AMEND SECTION 40-60-34, AS AMENDED, RELATING TO MISCELLANEOUS REQUIREMENTS FOR LICENSES, CERTIFICATIONS, AND PERMITS ISSUED BY THE SOUTH CAROLINA REAL ESTATE APPRAISERS BOARD, SO AS TO REVISE REQUIREMENTS CONCERNING EXPIRED AND REVOKED LICENSES, CERTIFICATIONS, AND PERMITS; TO AMEND SECTION 40-60-50, RELATING TO FEES, SO AS TO DELETE THE REQUIREMENT THAT CERTAIN FEES BE PAID BY CERTIFIED FUNDS; TO AMEND SECTION 40-60-80, AS AMENDED, RELATING TO INVESTIGATIONS OF COMPLAINTS AND VIOLATIONS, SO AS TO DELETE THE SIX-MONTH LIMIT ON STAYS AND SUPERSEDEAS OF CERTAIN BOARD ORDERS PENDING APPEAL, AND TO PROVIDE PARTIES AGGRIEVED BY FINAL DECISIONS OF THE BOARD MAY APPEAL PURSUANT TO THE ADMINISTRATIVE PROCEDURES ACT; AND TO AMEND SECTION 40-60-120, RELATING TO THE EFFECTIVE TIME OF CERTAIN ORDERS OF THE BOARD, SO AS TO DELETE A PROVISION STATING PETITIONS FOR REVIEW DO NOT OPERATE AS SUPERSEDEAS OR STAYS.
The Committee on Labor, Commerce and Industry proposed the following Amendment No. 1 to H. 5023 (COUNCIL\AGM\5023C001. AGM.AB16), which was adopted:
"(4) Four members must be licensed or certified appraisers, actively engaged in real estate appraisal for at least three years, at least two of whom must be certified general appraisers and at least one of whom must be a certified residential appraiser. In appointing real estate appraisers to the board, the Governor, while not automatically excluding other appraisers, shall give preference to real estate appraisers whose primary source of income is derived from appraising real estate and not real estate brokerage." "Section 40-60-20. As used in this chapter unless the context requires otherwise: (1) 'Analysis' means a study of real estate or real property other than one estimating value. (2) 'Appraisal', as a noun, means the act or process of developing an opinion of value; as an adjective, 'appraisal' means of or pertaining to appraising and related functions including, but not limited to, appraisal practice and appraisal services. (3) 'Appraisal assignment' or 'valuation assignment' means an engagement for which an appraiser is employed or retained to act, or would be perceived by third parties or the public as acting, as a disinterested third party in rendering an unbiased analysis, opinion, or conclusion that estimates the value of real estate. (4) 'Appraisal Foundation' means the Appraisal Foundation established on November 30, 1987, as a not-for-profit corporation under the laws of Illinois, containing the Appraisal Standards Board (ASB), Appraiser Qualifications Board (AQB), a board of trustees, and other advisory bodies.
(5) 'Appraisal report' means any communication, written or oral, of an appraisal. The testimony of an individual dealing with the analyses, conclusions, or opinions concerning identified real estate or real property (6) 'Appraisal subcommittee' means the designees of the heads of the federal financial institutions regulatory agencies established by the Federal Financial Institutions Examination Council Act of 1978 (12 U.S.C. Section 3301, et seq.), as amended, as well as the Secretary of the Department of Housing and Urban Development, or his designee, under the Department of Housing and Urban Development Reform Act of 1989 (12 U.S.C. Section 1708(e)). (7) 'Appraiser' means a person who holds a permit, license, or certification issued by the board that allows the person to appraise real property. (8) 'Apprentice appraiser' means an individual authorized by permit to assist a state certified appraiser in the performance of an appraisal if the apprentice is actively and personally supervised by the certified appraiser. (9) 'Board' means the South Carolina Real Estate Appraisers Board established pursuant to the provisions of this chapter. (10) 'Complex residential property appraisal' means one in which the property to be appraised, the form of ownership, or market conditions are atypical.
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( "Section 40-60-30. It is unlawful for an individual to assume or use a title, designation, or abbreviation likely to create the impression that the person is a real estate appraiser or to engage in real estate appraisal activity or advertise as an appraiser without a valid license issued by the department. However, nothing in this chapter may be construed to apply to:
(1) A real estate licensee licensed in accordance with Chapter 57
(2) A forester registered pursuant to Chapter 27
(3) An employee of a lender in the performance of appraisals or valuations with respect to which federal law or regulations does not require a licensed or certified appraiser. This exception does not apply to third party contractors." "Section 40-60-34. (A) The board shall prescribe the form of a permit, license, and certificate containing an identification number that the appraiser shall use when signing appraisal reports. When an appraiser advertises or executes contracts or other instruments, the appraiser's name, appraiser classification, and number assigned by the board must be printed or typed adjacent to the appraiser's signature. (B) The apprentice appraiser performing fee appraisal work or seeking to establish experience for a state-licensed or state-certified designation shall: (1) perform appraisal assignments only under the direct supervision of a state-certified appraiser; (2) maintain, jointly with the supervising appraiser, a log containing the following for each assignment: (a) type of property; (b) date of report; (c) address of appraised property; (d) description of work performed by the trainee and scope of review and supervision of the supervising appraiser; (e) number of actual work hours by the trainee on the assignment; and (f) signature and state certification number of the supervising appraiser with a separate appraisal log maintained for each supervising appraiser, if applicable; (3) sign or be given credit in all appraisal reports for which the apprentice acts as an appraiser; (4) maintain or have access to complete copies of all appraisals. (C) The apprentice appraiser performing mass appraisal work seeking to establish credit for a licensed or certified mass appraiser designation shall: (1) perform appraisal assignments only under the direct supervision of a state-certified residential or state-certified general real estate appraiser, mass or otherwise; (2) maintain a log on a form provided by the board. (D) The appraiser supervising an apprentice fee appraiser shall: (1) personally review appraisal reports prepared by the apprentice and sign and certify the report as being independently and impartially prepared in compliance with the National USPAP and applicable statutory requirements; (2) provide a copy or access to final appraisal documents to any participating apprentice; (3) directly supervise no more than three apprentice appraisers at any one given time; (4) be certified for a minimum of three years and not subject to any disciplinary action within the immediately preceding three years; and (5) attend a trainee/supervisor orientation conducted in compliance with AQB requirements. (E) The appraiser supervising an apprentice appraiser performing mass appraisal work shall personally review and approve all work performed by the apprentice to ensure that the work is prepared in compliance with the National USPAP and applicable statutory requirements. (F) The board may issue to an appraiser who is licensed or certified in another state a temporary permit, which is only effective for one specific appraisal assignment. If the appraisal is not completed within six months from the date of the permit, the board may grant an extension upon request from the appraiser. The appraiser shall place the following notation on all statements of qualification, contracts, or other instruments: "Practicing in the State of South Carolina under Temporary Permit No.". (G) Licenses, certifications, and apprentice permits expire biennially on June thirtieth. As a condition of renewal, an appraiser shall provide evidence satisfactory to the board of having met the continuing education requirements established by this chapter. An apprentice appraiser may maintain the permit for five years provided continuing education requirements are satisfied. (H) Permits, licenses, or certifications not renewed by date of expiration are no longer valid but may be reinstated within twelve months after expiration upon proper application, payment of renewal fee, a late penalty, as established in the fee schedule, and proof of having met continuing education requirements as prescribed.
(I) A permit, license, or certification that has expired and has not been reinstated by the last day of the twelfth month following expiration must be canceled. (J) A license or certification may be placed on inactive status by informing the board in writing and must be renewed in the same manner as provided for active renewal. (K) A fee appraiser must retain for five years the original or exact copy of each appraisal report prepared or signed by the appraiser and all supporting data assembled and formulated by the appraiser in preparing each appraisal report. The five-year period for retention of records is applicable to each engagement of the services of the appraiser and commences on the date of delivery of each appraisal report to the client. The appraiser must retain the work file for a period of at least two years after final disposition of appeals of all judicial proceedings in which the appraiser provided testimony related to the assignment, whichever period expires last.
(L) An appraiser who has had a permit, license, or certification revoked by the board
"(C) The board may deny, publicly or privately, reprimand, fine, suspend, or revoke the approval of an education provider or instructor if the board finds that the education provider or instructor has violated or failed to satisfy the provisions of this chapter or the regulations and standards promulgated pursuant to this chapter."
"(D) Application and license fees are payable to the department in advance and must accompany an examination application or a license application. "Section 40-60-80. (A) The department shall investigate complaints and violations of this chapter as provided in this chapter and Section 40-1-80. (B) If a complaint filed with the board involves an appraisal report that varies from a sales, lease, or exchange price, the board may decline to conduct an investigation. (C) The board is prohibited from conducting an investigation based solely on a dispute over the value of property for ad valorem tax purposes.
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"(B) A decision by the board to publicly or privately reprimand, fine, revoke, suspend, or otherwise restrict a license or to limit or otherwise discipline a licensee becomes effective upon delivery of a copy of the decision to the licensee
Rep. SOTTILE explained the amendment. The question then recurred to the passage of the Bill. The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are: Alexander Allison Anderson Atwater Bales Ballentine Bamberg Bannister Bedingfield Bernstein Bingham Bowers Bradley Brannon G. A. Brown R. L. Brown Burns Chumley Clary Clemmons Clyburn Cobb-Hunter Cole Collins H. A. Crawford Crosby Daning Delleney Dillard Douglas Duckworth Erickson Felder Finlay Forrester Fry Funderburk Gagnon Gambrell George Gilliard Goldfinch Govan Hamilton Hardee Hayes Henderson Henegan Herbkersman Hicks Hill Hiott Hixon Hodges Hosey Howard Huggins Jefferson Johnson Jordan Kennedy King Kirby Loftis Long Lucas Mack McCoy McEachern McKnight M. S. McLeod W. J. McLeod Merrill Mitchell D. C. Moss Nanney Neal Newton Norrell Ott Parks Pitts Pope Quinn Riley Rivers Rutherford Sandifer Simrill G. M. Smith J. E. Smith Sottile Southard Stavrinakis Stringer Tallon Taylor Tinkler Toole Weeks Wells Whipper White Whitmire Williams Yow
Those who voted in the negative are:
So, the Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up: H. 3969 (Word version) -- Rep. Sandifer: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 3 TO CHAPTER 5, TITLE 38 SO AS TO PROVIDE FOR THE ELECTRONIC TRANSMISSION OF ELECTRONIC NOTICES OR DOCUMENTS RELATED TO INSURANCE AND INSURANCE POLICIES UNDER CERTAIN CIRCUMSTANCES EFFECTIVE JANUARY 1, 2016; AND TO REDESIGNATE EXISTING SECTIONS IN THE CHAPTER AS ARTICLE 1, ENTITLED "GENERAL PROVISIONS".
The Committee on Labor, Commerce and Industry proposed the following Amendment No. 1 to H. 3969 (COUNCIL\AGM\3969C001. AGM.AB16), which was adopted: "Section 38-55-710. (A) As used in this article: (1) 'Delivered by electronic means' includes: (a) delivery to an electronic mail address at which a party has consented to receive notices or documents; or (b) placement on an electronic network or site accessible by means of the Internet, mobile application, computer, mobile device, tablet, or another electronic device, together with separate notice of the placement which must be provided by electronic mail to the address at which the party has consented to receive notice or by another delivery method that has been consented to by the party. (2) 'Party' means a recipient of a notice or document required as part of an insurance transaction including, but not limited to, an applicant, an insured, a policyholder, or an annuity contract holder. (B) Subject to subsection (D), notice to a party of another document required under applicable law in an insurance transaction or that is to serve as evidence of insurance coverage may be delivered, stored, and presented by electronic means if it meets the requirements of Chapter 6, Title 26, the South Carolina Uniform Electronic Transactions Act. (C) Delivery of a notice or document pursuant to this section must be considered equivalent to the following delivery methods: (1) first class mail; and (2) first class mail, postage prepaid. (D)(1) A notice or document may be delivered by electronic means by an insurer to a party under this section if: (a) the party has affirmatively consented to that method of delivery and has not withdrawn the consent; (b) the party, before giving consent, is provided with a clear and conspicuous statement informing the party of: (i) the right or option of the party to have the notice or document provided or made available in paper or another non-electronic form at no additional cost; (ii) the right of the party at any time to withdraw consent to have a notice or document delivered by electronic means; (iii) the specific notice or document or categories of notices or documents that may be delivered by electronic means during the course of the relationship between the insurer and the party; (iv) the means, after consent is given, by which a party may obtain a paper copy of a notice or document delivered by electronic means at no additional cost; and (v) the procedure a party must follow to withdraw consent to have a notice or document delivered by electronic means and to update information needed to contact the party electronically; and (c) the transmission or delivery method used for the electronic notice includes conspicuous language concerning its subject or purpose; (d) the party: (i) before giving consent, is provided with a statement of the hardware and software requirements for access to and retention of a notice or document delivered by electronic means; and (ii) consents electronically, or confirms consent electronically, in a manner that reasonably demonstrates that the party can access information in the electronic form that will be used for notices or documents delivered by electronic means as to which the party has given consent; and (e) after consent of the party is given, if a change occurs in the hardware or software requirements needed to access or retain a notice or document delivered by electronic means that creates a material risk that the party will not be able to access or retain a subsequent notice or document to which the consent applies, the insurer shall: (i) provide the party with a statement of the revised hardware and software requirements for access to and retention of a notice or document delivered by electronic means; and (ii) comply with the requirements of subsection (B). (2) No insurer may cancel, refuse to issue, or refuse to renew a policy because the applicant or insured refuses to agree to receive mailings electronically pursuant to this subsection. (E) This section does not affect requirements related to content or timing of any notice or document required under applicable law. (F) If a provision of this title or applicable law requiring a notice or document to be provided to a party expressly requires verification or acknowledgment of receipt of the notice or document, the notice or document may be delivered by electronic means only if the method used provides for verification or acknowledgment of receipt. (G) The legal effectiveness, validity, or enforceability of the underlying contract or policy of insurance executed by a party may not be denied solely because of the failure to obtain electronic consent or confirmation of consent of the party pursuant to subsection (D)(1)(d)(ii). (H) A withdrawal of consent by a party: (1) does not affect the legal effectiveness, validity, or enforceability of a notice or document delivered by electronic means to the party before the withdrawal of consent is effective; and (2) is effective three business days after receipt of the withdrawal by the insurer. (I) Failure by an insurer to comply with subsection (D)(1)(e) may be treated, at the election of the party, as a withdrawal of consent for purposes of this section. (J) This section does not apply to a notice or document delivered by an insurer in an electronic form before the effective date of this act to a party who, before that date, had consented to receive notice or document in an electronic form otherwise allowed by law. (K) If the consent of a party to receive certain notices or documents in an electronic form is on file with an insurer before the effective date of this act, and pursuant to this section, an insurer intends to deliver additional notices or documents to such party in an electronic form, then prior to delivering such additional notices or documents electronically, the insurer shall notify the party of: (1) the notices or documents that may be delivered by electronic means under this section that were not previously delivered electronically; and (2) the party's right to withdraw at any time consent to have notices or documents delivered by electronic means. (L) If a provision of this title or applicable law requires a signature, notice, or document to be notarized, acknowledged, verified, or made under oath, the requirement is satisfied if the electronic signature of the person authorized to perform those acts, together with all other information required to be included by the provision, is attached to or logically associated with the signature, notice or document. (M) This section may not be construed to modify, limit, or supersede the provisions of the federal Electronic Signatures in Global and National Commerce Act, Public Law 106-229, as amended. (N) A producer may not be subject to civil liability for any harm or injury that occurs as a result of a party's election to receive any notice or document by electronic means or by an insurer's failure to deliver a notice or document by electronic means. (O) An insurer delivering a notice or document by electronic means shall take appropriate and necessary measures reasonably calculated to ensure that the system for furnishing the notices of documents is secure and protects the confidentiality of information as defined by applicable law.
(P) The director or his designee may promulgate by bulletin, regulation or order the requirements necessary to implement the provisions of this section."
Rep. SOTTILE explained the amendment. The question then recurred to the passage of the Bill. The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are: Alexander Allison Anderson Atwater Bales Ballentine Bamberg Bannister Bedingfield Bernstein Bingham Bowers Bradley Brannon G. A. Brown R. L. Brown Burns Chumley Clary Clemmons Clyburn Cobb-Hunter Cole Collins H. A. Crawford Crosby Daning Delleney Dillard Douglas Duckworth Erickson Felder Finlay Forrester Fry Funderburk Gagnon Gambrell George Gilliard Goldfinch Govan Hamilton Hardee Hayes Henderson Henegan Herbkersman Hicks Hill Hiott Hixon Hodges Hosey Huggins Jefferson Johnson Jordan Kennedy King Kirby Knight Loftis Long Lucas Mack McCoy McEachern McKnight M. S. McLeod W. J. McLeod Merrill D. C. Moss Murphy Nanney Neal Newton Norrell Ott Parks Pitts Pope Quinn Riley Rivers Rutherford Sandifer Simrill G. M. Smith J. E. Smith Sottile Southard Spires Stavrinakis Stringer Tallon Taylor Tinkler Toole Weeks Wells Whipper White Whitmire Williams Yow
Those who voted in the negative are:
So, the Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up: S. 1013 (Word version) -- Senators Alexander and Davis: A BILL TO AMEND CHAPTER 57, TITLE 40 OF THE 1976 CODE, RELATING TO THE LICENSURE AND REGULATION OF REAL ESTATE BROKERS, SALESPERSONS, AND PROPERTY MANAGERS, TO REORGANIZE THE PROVISIONS OF THIS CHAPTER; TO REVISE AND ADD CERTAIN DEFINITIONS OF TERMS USED IN THIS CHAPTER; TO SPECIFY THAT CERTAIN DUTIES AND RESPONSIBILITIES BELONG TO THE REAL ESTATE COMMISSION RATHER THAN TO THE DEPARTMENT OF LABOR, LICENSING AND REGULATION; TO DELETE A LICENSE REINSTATEMENT FEE; TO DELETE PROVISIONS RELATING TO THE ESTABLISHMENT, USE, AND REPORTING REQUIREMENTS FOR THE SOUTH CAROLINA REAL ESTATE COMMISSION EDUCATION AND RESEARCH FUND; TO DELETE THE PROVISION REQUIRING LICENSURE APPLICANTS TO SUBMIT A CREDIT REPORT, AND TO REQUIRE APPLICANTS TO UNDERGO CRIMINAL RECORDS CHECKS; TO REVISE EDUCATION AND RELATED REQUIREMENTS OF CERTAIN LICENSEES; TO PROVIDE THAT AN INDIVIDUAL WHOSE LICENSE IS REVOKED MAY NOT REAPPLY FOR LICENSURE FOR THREE YEARS, RATHER THAN ONE YEAR; TO PROVIDE CIRCUMSTANCES IN WHICH THE COMMISSION MAY RECOGNIZE A REAL ESTATE LICENSE FROM ANOTHER STATE AND TO PROVIDE SPECIFIC REQUIREMENTS FOR NONRESIDENT LICENSEES; TO SPECIFY CONTINUING EDUCATION REQUIREMENTS FOR BROKERS IN CHARGE AND PROPERTY MANAGERS IN CHARGE; TO REQUIRE THE ELECTRONIC TRANSMISSION OF CERTAIN STUDENT CONTINUING EDUCATION AND QUALIFYING COURSE RECORDS TO THE COMMISSION, AND TO REQUIRE THE COMMISSION MAINTAIN A SECURE DATABASE OF THESE RECORDS; TO FURTHER SPECIFY ADVERTISING AND MARKETING REQUIREMENTS AND LICENSEE STATUS DISCLOSURE; TO CLARIFY AND FURTHER SPECIFY DUTIES AND RESPONSIBILITIES OF BROKERS IN CHARGE AND PROPERTY MANAGERS IN CHARGE CONCERNING TRUST FUNDS AND TRUST ACCOUNTS, RECORDKEEPING, AND THE SUPERVISION AND INSTRUCTION OF LICENSEES REGARDING THESE MATTERS; TO PROVIDE THAT NO CAUSE OF ACTION ARISES IF AN OWNER OF REAL ESTATE OR A LICENSEE DOES NOT DISCLOSE THE LOCATION OF A REGISTERED SEX OFFENDER; TO FURTHER SPECIFY THE RELATIONSHIPS AND THE DUTIES AND RESPONSIBILITIES OF BROKERS IN CHARGE, BROKERAGE FIRMS, AND LICENSEES TO THEIR CLIENTS, CUSTOMERS, AGENTS, OTHER LICENSEES, AND OTHER LICENSED INDIVIDUALS; TO FURTHER PROVIDE FOR GROUNDS FOR DENIAL OF LICENSURE OR FOR DISCIPLINARY ACTION AND TO AUTHORIZE THE COMMISSION TO REQUIRE A LICENSEE TO UNDERGO A CRIMINAL RECORDS CHECK AS PART OF AN INVESTIGATION OR DISCIPLINARY PROCEEDING; AND TO CLARIFY CONFIDENTIALITY REQUIREMENTS OF INFORMATION RECORDED FOR AN INVESTIGATION OR PROCEEDING; AND BY ADDING SECTION 27-32-85 SO AS TO PROVIDE THAT PURCHASE OF BENEFICIARY RIGHTS IN A TRUST BASED TIMESHARE, WHERE THE CONTRACT IS MADE IN THIS STATE, IS A REAL PROPERTY OWNERSHIP CONVEYANCE SUBJECT TO ALL CLOSING REQUIREMENTS CONTAINED IN THE TIME SHARING TRANSACTION PROCEDURES ACT.
The Committee on Labor, Commerce and Industry proposed the following Amendment No. 1 to S. 1013 (COUNCIL\AGM\1013C001. AGM.AB16), which was adopted:
Real Estate Brokers, Article 1 General Provisions
Section 40-57-5. Unless otherwise provided in this chapter, the provisions of Article 1, Chapter 1 apply to real estate brokers, salespersons, and property managers. The provisions of this chapter control when they conflict with the provisions of Article 1, Chapter 1. Section 40-57-10. There is created the South Carolina Real Estate Commission under the administration of the Department of Labor, Licensing and Regulation. The purpose of this commission is to regulate the real estate industry so as to protect the public's interest when involved in real estate transactions. Section 40-57-20. It is unlawful for an individual to act as a real estate broker, real estate salesperson, or real estate property manager or to advertise or provide services as such without an active, valid license issued by the commission. Section 40-57-30. For purposes of this chapter: (1) 'Agent' means one authorized and empowered by a written agency agreement to perform actions for a client. A real estate brokerage firm is the agent of a buyer, seller, landlord, or tenant, and the real estate brokerage firm's 'associated licensees' are its subagents. (2) 'Associated licensee' means a licensee affiliated with and under the supervision of a broker-in-charge or property manager-in-charge. (3) 'Broker' means an associated licensee who has met the experience and education requirements and has passed the examination for a broker license and who, for a fee, salary, commission, referral fee, or other valuable consideration, or who, with the intent or expectation of receiving compensation: (a) negotiates or attempts to negotiate the listing, sale, purchase, exchange, lease, or other disposition of real estate or the improvements to the real estate; (b) auctions or offers to auction real estate in accordance with Section 40-6-250; (c) for a fee or valuable consideration solicits a referral; (d) offers services as a real estate consultant, counselor, or transaction manager; (e) offers to act as a subagent of a real estate brokerage firm representing a client in a real estate transaction; or (f) advertises or otherwise represents to the public as being engaged in any of the foregoing activities. (4) 'Broker-in-charge' means a broker designated to have responsibility over the actions of all associated licensees and also has the responsibility and control over and liability for a real estate trust account. (5) 'Buyer agency' means a form of agency in which a real estate brokerage firm represents the buyer in an agency capacity as defined in this chapter. (6) 'Client' means a person who enters a written agreement establishing an agency relationship with a real estate brokerage firm through its broker-in-charge, a property manager-in-charge, or an associated licensee. (7) 'Commission' means the South Carolina Real Estate Commission and its members, who are charged by law with the responsibility of licensing or otherwise regulating the practice of real estate in the State of South Carolina. (8) 'Conversion' means to use trust funds for a purpose other than the purpose for which they are held. Conversion is a breach of trust and is a crime as provided by law. (9) 'Customer' means a buyer, seller, landlord, or tenant who uses the services of a real estate licensee but does not established an agency relationship through a written agency agreement with the licensee's real estate brokerage firm. (10) 'Department' means the Department of Labor, Licensing and Regulation. (11) 'Designated agency' means a form of agency in which two clients represented by a real estate brokerage firm in the same transaction may be given almost equivalent treatment as a single agency. (12) 'Dual agency' means a form of agency in which a real estate brokerage firm with two clients in the same transaction gives limited agency services. (13) 'Email' means a system for sending and receiving a message electronically over a computer network and a message sent or received by the system. (14) 'Licensee' means an individual currently licensed under this chapter. (15) 'Limited function referral office' means a brokerage where the office policy allows only the placement of referrals through the broker-in-charge. (16) 'Material adverse fact' means: (a) a condition or occurrence that is generally recognized as: (i) significantly and adversely affecting the value of the real estate; (ii) significantly reducing the structural integrity of improvements to real estate; or (iii) presenting a significant health risk to occupants of the real estate; or (b) information that indicates that a party to a transaction is not able to or does not intend to meet an obligation under a contract or agreement made concerning the transaction. (17) 'Ministerial act' means an act performed by a licensee not involving an exercise of discretion or judgment of a licensee on behalf of a person who is not a client and that assists the nonclient to consummate a real estate transaction. (18) 'Office' means the office location where a broker-in-charge or a property manager-in-charge is licensed to conduct real estate business. (19) 'Personal trust account' means an escrow account or demand deposit bank account properly designated and titled to include the words 'trust' or 'escrow' that is established and maintained by a licensee to safeguard funds belonging to parties to a real estate transaction when the transaction involves the licensee's personal real estate and the real estate is not managed or listed through a real estate brokerage firm. (20) 'Property manager' means an associated licensee who meets educational requirements and passes the examination for a property manager license, and who will for a fee, salary, commission, other valuable consideration or with the intent or expectation of receiving compensation: (a) negotiates or attempts to negotiate the rental or leasing of real estate or improvements to the real estate; (b) lists or offers to list and provide a service in connection with the leasing or rental of real estate or improvements to the real estate; or (c) advertises or otherwise represents to the public as being engaged in an activity in subitems (a) and (b). (21) 'Property manager-in-charge' means a property manager who is designated as having the responsibility over the actions of associated licensees and also the responsibility and control over and liability for real estate trust accounts. (22) 'Real estate' means land, buildings, and other appurtenances, including all interests in land, whether corporeal, incorporeal, freehold, or nonfreehold, whether the real estate is within or outside of the boundaries of this State. (23) 'Real estate brokerage' means the aspect of the real estate business that involves activities relative to property management or a real estate sale, exchange, purchase, lease. (24) 'Real estate brokerage firm' means a real estate company engaged in the business of real estate brokerage. (25) 'Real estate transaction' means an activity involving the sale, purchase, exchange, or lease of real estate. (26) 'Salesperson' means an associated licensee who: (a) meets experience and education requirements; (b) passes an examination for a salesperson license; and (c) engages in or participates in an activity enumerated in item (3) for a fee, salary, commission, or other valuable consideration, or with the intent or expectation of receiving compensation. (27) 'Seller agency' means a form of agency in which a real estate brokerage firm represents the seller in an agency capacity as defined in this chapter. (28) 'Subagent' means an agent of an agent. An 'associated licensee' is a subagent of the real estate brokerage firm if the firm is an agent of a buyer, seller, landlord, or tenant. (29) 'Substantive contact' means contact in which a discussion or dialogue between the consumer and the associated licensee moves from casual introductory talk to a meaningful conversation regarding the selling or buying motives or objectives of the seller or buyer, financial qualifications, and other confidential information that if disclosed could harm the consumer's bargaining position. (30) 'Team' means two or more associated licensees working together as a single unit within an office established with the commission and supervised by a broker-in-charge. (31) 'Trust account' means an escrow account or properly designated demand deposit bank account that is: (a) properly designated and title to which includes the words 'trust' or 'escrow'; and (b) established and maintained by a broker-in-charge or a property manager-in-charge to safeguard funds belonging to parties to a real estate transaction. (32) 'Trust funds' means funds received on behalf of another person by a licensee in the course of performing a real estate activity. (33) 'Transaction broker' means a real estate brokerage firm that provides customer service to a buyer, a seller, or both in a real estate transaction. A transaction broker may be a single agent of a party in a transaction giving the other party customer service. A transaction broker also may facilitate a transaction without representing either party. Section 40-57-40. (A) The South Carolina Real Estate Commission consists of ten members elected or appointed as follows: (1) seven members who are professionally engaged in the active practice of real estate, one elected from each congressional district by a majority of house members and senators representing the house and senate districts located within each congressional district; (2) two members representing the public who are not professionally engaged in the practice of real estate, each appointed by the Governor with the advice and consent of the Senate; (3) the elected and appointed members shall elect from the State at large one additional member who must be in the active practice of real estate. (B) A commission member serves a term of four years and until his successor is elected or appointed and qualifies. A vacancy on the commission must be filled in the manner of the original election or appointment for the remainder of the unexpired term. (C) Before discharging of the duties of his office, a member's election or appointment must be certified by the Secretary of State, and the member shall, in writing, take an oath to perform the duties of the office as a member of the commission and to uphold the constitutions of this State and the United States. (D) The term of a member commences on the date on which his election or appointment is certified by the Secretary of State. (E) A member may be removed from office in accordance with Section 1-3-240. Section 40-57-50. The commission annually shall elect from its total membership a chair, vice chair, and other officers the commission determines necessary at the first meeting in the fiscal year of the State. The commission may adopt an official seal and shall adopt rules and procedures reasonably necessary for the performance of its duties and the governance of its operations and proceedings. Section 40-57-60. (A) The commission shall administer and enforce this chapter and regulations promulgated under this chapter. In addition to powers contained in Section 40-1-70, the powers and duties include, but are not limited to: (1) determining the standards for the qualifications and eligibility of applicants for licensure, the qualifications of education providers and instructors, and the conditions for license renewal; (2) conducting disciplinary hearings on alleged violations of this chapter and regulations promulgated under this chapter and deciding disciplinary actions as provided in this chapter for those found to be in violation; (3) recommending changes in legislation and promulgating regulations governing the real estate industry relative to the protection, safety, and welfare of the public; and (4) establishing a fee schedule. (B) The commission may not be involved in a resolution of disputes between licensees over the payment or division of a commission or fee. (C) The commission staff shall conduct periodic inspections of the offices of licensees to assist with and ensure compliance with this chapter. Section 40-57-65. The commission shall submit an annual report in accordance with established guidelines to the department and the Chairs of the Senate Labor, Commerce and Industry Committee and House Labor, Commerce and Industry Committee. Section 40-57-70. (A) Fees relevant to the licensure and regulation of real estate brokers, salespersons, and property managers must be established in accordance with Section 40-1-50(D) and promulgated by regulation prior to implementation. (B) Application and license fees must be paid to the commission in advance and must accompany an examination application or a license application. An application fee is nonrefundable. (C)(1) The department may allocate up to ten dollars of each license renewal fee to the South Carolina Real Estate Commission Education and Research Fund which is established as a separate and distinct account within the Office of the State Treasurer. The funds collected must be deposited in this account and used exclusively for the: (a) advancement of education and research for the benefit of those licensed under this chapter and for the improvement and increased efficiency of the real estate industry in this State; (b) analysis and evaluation of factors which affect the real estate industry in this State; and (c) dissemination of the results of the research. (2) The commission annually by August first shall submit a report on how the funds were expended for the preceding fiscal year to the Chairs of the Senate Labor, Commerce and Industry Committee and House Labor, Commerce and Industry Committee. Section 40-57-80. Reserved. Section 40-57-90. An application for examination or licensure must be made in writing on a form prescribed by the commission and must be accompanied by all applicable fees. Section 40-57-100. Reserved Section 40-57-110. (A) The commission shall issue licenses in the classifications of broker, broker-in-charge, or salesperson, to individuals who qualify under and comply with the requirements of this chapter; provided the commission may deny a license to an applicant it finds to have engaged in misconduct as provided in Section 40-57-710 or otherwise. No individual may be licensed in more than one classification at the same time. The license must be in the form and size as the commission prescribes and is not transferable. (B) A licensee may place a license on inactive status by informing the commission in writing. To maintain an inactive license status, the license must be renewed in the same manner as provided for active license renewals. Upon proper compliance with the renewal requirements, a license may remain on inactive status for an indefinite period of time. An individual seeking to reactivate a license shall apply for the same license classification which was placed on inactive status, pay the appropriate fee, and meet the continuing education requirements as prescribed. (C) A license only may be renewed in accordance with procedures established by the commission pursuant to Section 40-1-50 (D). A licensee is responsible for renewing his license whether or not he receives notice. (D) A license that is not renewed before its expiration date lapses. (E) A license that has lapsed and is not reinstated by the last day of the sixth month following expiration is canceled. Section 40-57-115. In addition to other requirements established by law and for the purpose of determining an applicant's eligibility for licensure as a salesman, broker, broker-in-charge, property manager, and property manager-in-charge, the commission shall require initial applicants to submit to a state criminal records check, by a source approved by the commission, and a national criminal records check. Costs of conducting a criminal records check must be borne by the applicant. The commission shall keep information received pursuant to this section confidential, except that information relied upon in denying licensure may be disclosed as necessary to support the administrative action. Section 40-57-120. (A) The commission may recognize nonresident real estate licenses on active status from other jurisdictions only if the other jurisdiction recognizes South Carolina real estate licenses on active status. An applicant from another jurisdiction successfully shall complete the state portion of the applicable examination before license recognition will be acknowledged. (B) A nonresident licensee, acknowledged by the commission, is not required to maintain a place of business in this State if the nonresident maintains an active place of business in the state of residence. A nonresident applicant shall file an irrevocable consent that suits and actions may be commenced against him in the proper court in a judicial circuit of the state in which a cause of action may arise or in which the plaintiff may reside. (C)(1) A resident licensee who becomes a nonresident must notify the commission in writing, within thirty days, of the change in residency and comply with nonresident requirements or place his license on inactive status to avoid cancellation of the license. (2) A nonresident licensee who becomes a resident of South Carolina must notify the commission in writing, within thirty days, of the change in residency and comply with the requirements of this chapter or place his license on inactive status to avoid cancellation of the license. (3) Failure to timely notify the commission of a change in residency and compliance to comply with the requirements of this subsection are violations of this chapter subject to penalties provided in Section 40-57-710. (D) A nonresident applicant or licensee must comply with all requirements of commission regulations and of this chapter. The commission may adopt regulations necessary for the regulation of nonresident licensees. (E) A resident licensee may pay a part of his commission as a referral fee on a cooperative basis to a brokerage of another state or jurisdiction if that brokerage's license does not conduct, in this State, a real estate brokerage service for which a fee, compensation, or commission is paid. Section 40-57-135. (A) A broker-in-charge or property manager-in-charge shall: (1) adequately supervise employees or associated licensees to ensure their compliance with this chapter; (2) review and approve all forms of listing agreements, agency agreements, offers, sale contracts, purchase contracts, leases, options, contract addenda, or other contractual or disclosure documents routinely used by the real estate brokerage firm; (3) maintain adequate, reasonable, and regular contact with associated licensees engaged in real estate transactions so as to prevent or curtail practices by a licensee which would violate any provision of this chapter, Chapter 1, Title 40, the Interstate Land Sales Practices Act, or the Vacation Time Sharing Plans Act; (4) be available to the public during business hours in order to discuss or resolve complaints and disputes that arise during the course of real estate transactions in which the broker-in-charge or property manager-in-charge or an associated licensee is involved; (5) establish and maintain a written office policy in accordance with Section 40-57-510 (B) and make that policy readily accessible to associated licensees; (6) ensure that all associated licensees have an active real estate license; (7) establish and maintain control of and responsibility for an active trust account when in possession of trust funds belonging to others resulting from a real estate transaction; and (8) notify the commission by mail within ten days of any change of office name, address, email address, or telephone number. (B) An associated licensee may not receive compensation from an activity requiring a real estate license from an entity or person other than the one for which the license is issued. An associated licensee may form a business entity allowing the licensee's broker-in-charge or property manager-in-charge to pay fees or commissions to that entity if the principals in that entity hold an active real estate license. (C)(1) A licensed broker-in-charge or property manager-in-charge shall establish and maintain a specific office location which must be accessible by the public, investigators, and inspectors during reasonable business hours. (2) A broker-in-charge or property manager-in-charge may maintain one or more offices at a different locations. Each office must be managed by a broker-in-charge or property manager-in-charge who is licensed for that real estate brokerage firm's location. The same person may request to be licensed as broker-in-charge or property manager-in-charge of more than one office if the broker-in-charge or property manager-in-charge making the request acknowledges in writing that the applicant understands the duties and can fully assume the responsibility to ensure compliance with this chapter. (3) A licensee may not conduct real estate business under another name or at an address other than the one for which his license is issued. (4) In the event of the medical incapacitation of a broker-in-charge or property manager-in-charge which precludes him from carrying out the duties of a broker-in-charge or property manager-in-charge as required in this chapter, or in the event of the death of a broker-in-charge or a property manager-in-charge, the department may permit an associated licensee to act as broker-in-charge or property manager-in-charge for up to six months. (D)(1) A broker-in-charge or property manager-in-charge shall for a minimum of five years maintain and furnish to the commission upon request a written copy, when applicable, of a: (a) lease; (b) contract of sale and any addenda; (c) listing contract or buyer agency agreement; (d) transaction broker agreement; (e) option contract; (f) property management agreement; and (g) residential property disclosure form. (2) These records may be maintained electronically as long as a backup copy is stored in a separate, off-site location including, but not limited to, electronic and Internet, cloud-based storage systems. (E)(1) A licensee may not advertise, market, or offer to conduct a real estate transaction involving real estate owned, in whole or in part, by another person without first obtaining a written listing agreement between the property owner and the real estate brokerage firm with whom the licensee is associated. (2) When advertising or marketing real estate owned, in whole or in part, by another person in any medium, including site signage, a licensee clearly must identify the full name of the real estate brokerage firm with which the licensee is associated. When advertising on the Internet or in another electronic media, this requirement may be met by including a link from the advertisement to the homepage of the brokerage firm. (3) If a real estate brokerage firm operates under a trade or franchise name, the identity of the franchisee or holder of the trade name clearly must be revealed. (F)(1) A licensee clearly shall reveal his license status in a personal transaction involving the purchase, sale, exchange, rental, lease, or auction of real estate at first substantive contact with a consumer and in advertising or marketing in any media. A licensee also shall disclose his licensed status in bold underlined capital letters on the first page of a contract for the purchase, sale, exchange, rental, or lease of real property. (2) Trust funds received in a licensee's personal rental or transaction must be deposited in the licensee's personal trust account and may not be deposited in the real estate brokerage firm's trust account unless the real property is managed, listed, or owned by the real estate brokerage firm. (G) No licensee either directly or indirectly may buy for his own account or for a corporation or another business in which he holds an interest or for a close relative, real estate listed with him or real estate for which he has been approached by the seller or prospective buyer to act as agent, without first making his true position clearly known in writing to all parties involved. Upon request of the department, the licensee shall provide evidence of having made this disclosure. (H) With regard to offers to purchase real estate, a licensee shall: (1) upon receipt, prepare all offers in writing and promptly present them to the seller; (2) upon obtaining a written acceptance of an offer, promptly deliver true, executed copies to all parties; (3) ensure that all of the terms and conditions of the transaction are included in the offer to purchase; and (4) ensure that changes or modifications made during negotiation are in writing and initialed and dated by both parties before proceeding with the transaction. (I)(1) A licensee shall properly complete an agency agreement, transaction broker agreement, offer, and counteroffer. (2) A listing or buyer's representation agreement must be in writing and must set forth all material terms of the parties' agency relationship including, but not limited to: (a) a description of the agent's duties or services to be performed for the client including, but not limited to, an explanation of the office policy regarding dual agency, designated agency, and transaction brokerage if offered by the real estate brokerage firm; (b) the amount of compensation to be paid if a flat fee or the method to be used in calculating the amount of compensation to be paid; (c) an explanation of how and when compensation is earned; (d) an explanation of how compensation will be divided among participating or cooperating brokers, if applicable; (e) the amount of retainer fees, deposits, or any other money collected before the agent's performance of a service on behalf of the client and an explanation of conditions, if any, in which such monies are refundable or payable to or on behalf of the client; (f) the duration of the agency relationship, setting forth specific dates for the beginning and ending of the relationship; (g) the signature of all parties; (h) a listing agreement or buyer's representation agreement clearly must state that it terminates on the definite expiration date unless a written extension is signed; (i) a listing agreement or buyer's representation agreement clearly must state, if applicable, that it is either an 'exclusive agency' listing or buyer's representation agreement or 'exclusive right to represent' listing contract or 'exclusive right to represent' buyer's representation contract; (j) a listing agreement or buyer's representation agreement must clearly specify an exception or variation in an amount of commission to be paid and circumstances that would apply; (k) a copy of the listing or buyer's representation agreement must be given to the seller or buyer at the time of, or directly following, signing; and (l) a buyer's representation agreement must provide an adequate property description of the type of property of interest to the buyer and a price or price range for property of interest to the buyer. A listing agreement must have a legal description of the listed property or a description sufficient to identify the listed property and state the price of the listed property. (3) If there are no clients involved in the transaction, a real estate brokerage firm acting as a transaction broker shall complete a compensation agreement to be signed by the agent and the compensating party. This agreement must contain the amount of the compensation and identify the party responsible for payment. (4) The broker-in-charge shall ensure that associated licensees prepare all offers and counteroffers in writing, have them dated and signed by the offerors, and promptly present them to the offerees or the offerees' representative and ensure that: (a) changes or modifications made during negotiations are in writing and initialed and dated by both parties before proceeding with the transaction; (b) all of the terms and conditions of the transaction are included in the offer to purchase; and (c) if associated licensees obtain a written acceptance of an offer or counteroffer, true, executed copies will be promptly delivered to all parties. (5) If an offer is rejected without counter, an offer rejection form, promulgated by the commission, signed by the licensee affirming presentation of the offer must be provided to the offeror by the licensee, whether the agent of the buyer, the seller, or if acting as a transaction broker. (6) An offer and counteroffer may be communicated by use of a fax or other secure electronic means including, but not limited to, the Internet, and the signatures, initials, and handwritten or typewritten modifications to the foregoing documents are considered valid and binding upon the parties as if the original signatures, initials, and handwritten, or typewritten modifications were present on the documents in the handwriting of each party. (7) If a licensee wishes to purchase real estate listed with his brokerage firm, the broker-in-charge shall ensure that the licensee shall first make his true position clearly known in writing to all parties involved. Upon request of the commission, the broker-in-charge shall provide evidence of the licensee having made this disclosure, including: (a) purchases made directly or indirectly by the licensee; (b) purchases made for the licensee's own account or for a corporation or another business in which the licensee holds an interest or purchases made for a close relative; and (c) real estate for which the licensee has been approached by the seller or prospective buyer to act as agent. (8) In order for a real estate brokerage firm to claim a fee for the sale of a listed property to an associated licensee, a separate written agreement signed by the seller client must acknowledge the purchaser as a licensee affiliated with the real estate brokerage firm and recognize the right of the seller to not pay the brokerage fee. (J) A real estate brokerage firm shall manage residential and commercial property under a written management agreement that shall set forth, at a minimum: (1) the names and signatures of authorized parties to the agreement; (2) the property identification; (3) the method of compensation to the licensee; (4) that a management agreement may not contain an automatic renewal clause or provision unless the management agreement also contains a clause or provision that allows either party to cancel the management agreement for any cause or no cause with thirty days' notice after the original definite expiration date; (5) compensation for a future lease renewal by tenants, and if included, the contract must contain a clause in underlined capital letters on the first page providing for such future compensation; and (6) terms and conditions of tenant rental or lease arrangements. However, a management agreement may not contain a provision binding the property under a future listing agreement if the property is to be sold in the future, in which case a separate listing agreement is required. (K) For all types of real estate transactions, including leases and sales, an unlicensed employee of the owner or an unlicensed individual working under the supervision of a broker-in-charge or a property manager-in-charge may not: (1) discuss, negotiate, or explain a contract, listing agreement, buyer agency agreement, lease, agreement, property management agreement, or other real estate document; (2) vary or deviate from the rental price or other terms and conditions previously established by the owner or licensee when supplying relevant information concerning the rental of property; (3) approve applications or leases or settle or arrange the terms and conditions of a lease; (4) indicate to the public that the unlicensed individual is in a position of authority which has the managerial responsibility of the rental property; (5) conduct or host an open house or manage an on-site sales or leasing office; (6) show real property for sale other than vacant units in a multifamily building; (7) answer questions regarding company listings, title, financing, and closing issues, except for information that is otherwise publicly available; (8) be paid solely on the basis of real estate activity including, but not limited to, a percentage of commission or an amount based on the listing or sales compensation or commission; (9) negotiate or agree to compensation or commission including, but not limited to, commission splits, management fees, or referral fees on behalf of a licensee; or (10) engage in an activity requiring a real estate license as required and defined by this chapter. (L) A licensee is not required to maintain records of communications that are not designated to be retained or to create a permanent record such as text messages, instant messaging system-formatted messages, voicemail, voice recordings, or social media posts. Section 40-57-136. (A)(1) A broker-in-charge or a property manager-in-charge, when taking possession of trust funds, shall establish and maintain control of and responsibility for an active real estate trust account which must be a demand deposit account designated and titled to include the word 'trust' or the word 'escrow' in the name of the real estate brokerage firm for which the respective broker-in-charge's or property manager-in-charge's license is issued; provided, however that one central trust account may be used by real estate brokerage firms with multiple offices managed by: (a) one broker-in-charge or one property manager-in-charge; and (b) separate brokers-in-charge or separate property managers-in-charge. (2) A broker-in-charge and a property manager-in-charge shall maintain records which reflect the transactions in his office. (3) A trust account maintained by a broker-in-charge or property manager-in-charge must be a demand deposit account located in an insured financial institution authorized to conduct business in South Carolina. (4) A broker-in-charge or property manager-in-charge shall instruct employees and associated licensees on the proper handling of trust funds. (5) A check or statement issued in connection with a real estate trust account must reflect the title and designation of the account as provided in item (1). (B)(1)A broker-in-charge or property manager-in-charge shall ensure that accurate and complete records, as required by this chapter, are maintained for real estate trust accounts. (2) A broker-in-charge or property manager-in-charge shall ensure that backup copies are maintained for computerized real estate trust accounts. A backup copy must be maintained on a data storage medium that is stored in a separate off-site location. (3) A broker-in-charge or property manager-in-charge may not commingle trust funds of the client with his own money, except that he may maintain a clearly identified amount of the company's funds in the trust account to cover bank service charges or in order to avoid the closing of the account when no client's trust funds are on deposit. (4) Trust funds received by a licensee in connection with a real estate transaction in which the licensee is engaged for the broker-in-charge or property manager-in-charge must be delivered to the broker-in-charge or property manager-in-charge no later than the following business day. (5) A broker-in-charge or property manager-in-charge who disburses trust funds contrary to the terms of the contract or fails to disburse trust funds not in dispute is considered to have demonstrated incompetence to act as a broker-in-charge or property manager-in-charge. (C)(1)(a) Except as provided in subitem (b), trust funds received by a broker-in-charge or property manager-in-charge in a real estate rental or lease transaction must be deposited as follows in a real estate trust account as follows: (i) cash or certified funds must be deposited within forty-eight hours of receipt, excluding Saturday, Sunday, and bank holidays; and (ii) checks must be deposited within forty-eight hours after a lease or rental agreement is signed by the parties to the transaction, excluding Saturday, Sunday, and bank holidays. (b) Rent received by a licensee who is directly employed by the owner of rental property may be deposited in an operating or other similar account, but otherwise must be properly accounted for as provided in this section. However, an advance rental deposit is a trust fund and must be treated as such. (2) Trust funds received by a broker-in-charge or property manager-in-charge in connection with a real estate rental or lease including, but not limited to, security deposits, pet deposits, damage deposits, and advance rentals, except earned rental proceeds, and deposited in the trust account must remain in the trust account until the lease or rental transaction expires or is terminated, at which time undisputed trust funds must be disbursed pursuant to the contract which directs the broker-in-charge or property manager-in-charge to hold the trust funds, and a full accounting must be made to the landlord or tenant as appropriate. Earned rental proceeds must be disbursed to the landlord within a reasonable time after clearance of the deposit by the bank. (D)(1)(a) Trust funds received by a broker-in-charge in a real estate sales or exchange transaction must be deposited as follows in a separate real estate trust account: (i) cash or certified funds must be deposited within forty-eight hours of receipt, excluding Saturday, Sunday, and bank holidays; (ii) checks must be deposited within forty-eight hours after written acceptance of an offer by the parties to the transaction, excluding Saturday, Sunday, and bank holidays; (b) Trust funds received by a broker-in-charge in connection with a real estate sales or exchange transaction and deposited in the real estate trust account shall remain in the trust account until consummation or termination of the transaction, at which time the undisputed trust funds must be disbursed in accordance with the contract which directs the broker-in-charge to hold the trust funds, and a full accounting must be made to the parties. (2) A broker-in-charge or property manager-in-charge who disburses trust funds from a designated trust account under the following circumstances is considered to have properly fulfilled the duty to the account: (a) upon rejection of an offer to buy, sell, rent, lease, exchange, or option real estate; (b) upon the withdrawal of an offer not yet accepted by the offeree; or (c) at the closing of the transaction. (E) If a dispute concerning the entitlement to, and disposition of, trust funds arises between a buyer and a seller, and the dispute is not resolved by reasonable interpretation of the contract by the parties to the contract, the deposit must be held in the trust account until the dispute is resolved by: (1) a written agreement which: (a) directs the disposition of monies signed by all parties claiming an interest in the trust monies, and (b) must be separate from the contract which directs the broker-in-charge or property manager-in-charge to hold the monies; (2) filing an interpleader action in a court of competent jurisdiction; (3) an order of a court of competent jurisdiction; or (4) voluntary mediation. (F)(1) Records required by this chapter must be maintained for a minimum of five years and the broker-in-charge or property manager-in-charge shall furnish a copy of the records to a representative of the commission upon request. Accounting records that may be requested include, but are not limited to, journals, ledgers, folios, client subaccounts, tenant accounts, canceled checks, deposit slips, and bank statements. (2) Brokers-in-charge or property managers-in-charge, when required by this chapter to establish and maintain a real estate trust account, also shall maintain, in their designated principal place of business, a recordkeeping system consisting of: (a) a journal or an accounting system that records the chronological sequence in which funds are received and disbursed for real estate sales. For funds received, the journal or accounting system must include the date of receipt, the name of the party from whom the money was received, the name of the principal, identification of the property, the date of deposit, the depository, the payee, and the check numbers, dates, and amounts. A running balance must be maintained for each entry of a receipt or disbursement. The journal or accounting system must provide a means of reconciling the accounts; (b) a journal or an accounting system containing, for property management, the same information as stated in subitem (a) except that the required running balance may be determined at the time of reconciliation; (c) a separate record for each tenant identifying the unit, the unit owner, amount of rent, due date, security deposit, and all receipts with dates when managing property. An owner's ledger also must be maintained for all properties owned by each owner showing receipts and disbursements applicable to each property managed. A disbursement must be documented by a bid, contract, invoice, or other appropriate written memoranda; (d) a trust account deposit document must identify the buyer or tenant unless other appropriate written memoranda are maintained; (e) a general ledger identifying security deposits; (f) a monthly reconciliation of each separate account except when no deposit or disbursement is made during that month. The reconciliation must include a written worksheet comparing the reconciled bank balance with the journal balance and with the ledger total to ensure agreement. (G) Trust funds received by a broker-in-charge or property manager-in-charge which must be deposited in a trust account may be deposited in an interest-bearing account. Interest earned on these trust funds may be retained by the broker-in-charge or property manager-in-charge if: (1) the depositors or owners of the trust funds have been informed of their right to ownership of the interest but relinquish the right of ownership to the broker-in-charge or property manager-in-charge by written agreement; and (2) the agreement, if part of a preprinted form, uses conspicuous language. Section 40-57-240. This chapter does not apply to: (1) the sale, lease, or rental of real estate by an unlicensed owner of real estate who owns any interest in the real estate if the interest being sold, leased, or rented is identical to the owner's legal interest; (2) an attorney at law acting within the scope of his duties involved in the legal representation of a client/owner; (3) agencies and instrumentalities of the state or federal government and their employees acting within the scope of their official duties; (4) foresters registered under Chapter 27, Title 48, if the sale of any land is merely incidental to the sale of timber on the land; or
(5) court-appointed receivers and trustees while acting within the scope of their appointment. Section 40-57-310. To be eligible for licensure as a real estate broker, broker-in-charge, or sales person, an applicant must: (1) attain the age of twenty-one if applying for a license as a broker or broker-in-charge; (2) attain the age of eighteen if applying for a license as a salesperson; (3) provide a physical address at which the licensee can be contacted in the course of an investigation. A licensee shall maintain on file with the commission his current contact information for his residential address, mailing address, email address, and telephone number. Failure to update this contact information within thirty days after a change may result in an administrative suspension of the property manager, salesperson, broker, or broker-in-charge pursuant to Section 40-57-710; (4) graduate from high school or hold a certificate of equivalency recognized by the State Department of Education; (5) submit proof of completion of education to the commission and, if applicable, experience requirements as specified in this chapter; (6) submit to criminal background check as provided in Section 40-57-115 for initial application; and (7) pass the applicable examination. Section 40-57-320. (A) As a condition for and before applying to the commission for licensure, an applicant for a salesperson, broker, or broker-in-charge license shall provide proof to the commission of having met the following educational requirements, in addition to the other requirements of this chapter: (1) for a salesperson license: (a) completion of sixty hours of classroom instruction in fundamentals of real estate principles and practices and thirty hours of classroom instruction in advanced real estate principles within five years before the application, provided an applicant may take the license examination before completing the required thirty hours of advanced instruction; or (b) evidence of holding a juris doctor degree, a bachelor of law degree, a baccalaureate degree or a master's degree with a major in real estate from an accredited college or university, or completion of another course of study approved by the commission; and (2) for a broker license: (a) completion of one hundred fifty hours of commission-approved real estate classroom instruction, ninety of which may be the hours required for a salesperson license, to include completion of the thirty hour Unit III A Broker Management and of the thirty hour Unit III B Brokerage Principles courses in advanced real estate principles and practices and three years active salesperson licensure within the past five years; or (b) evidence of holding a juris doctor degree, a bachelor of laws degree, a baccalaureate degree or a master's degree with a major in real estate from an accredited college or university. (B)(1) As a condition of licensure, an applicant shall submit to an examination which must be conducted by the commission or a designated test provider at a time and place specified by the commission. (2) The applicant must receive a passing grade on the examination, in accordance with a cut-score determination or a raw-score determination established by the commission. (3) An applicant who applies to take the examination is granted a twelve-month eligibility period to complete successfully all portions of the examination. An applicant who fails to complete successfully the examination may reapply to become eligible for the examination if applicable qualifying courses were completed fewer than five years before applying for the examination. (4) An applicant who passes the examination must apply for a license within one year, or the applicant must reapply and retake the examination. (5) An applicant who is denied licensure by the commission may not reapply for licensure for a period of twenty-four months from the date of denial unless he prevails in appealing the denial pursuant to the Administrative Procedures Act. (6) A nonresident individual who, at the time of application, holds an active real estate license in another state or jurisdiction or whose real estate license in another state or jurisdiction expired not more than six months before he makes his application only is required to pass the state portion of the examination to qualify for licensure. (C) The commission or test provider may collect and retain reasonable examination fees. An applicant for an examination to be conducted by a test provider shall pay the fee directly to the test provider. Section 40-57-330. (A) A broker-in-charge license may not be issued to or renewed for an applicant unless the applicant: (1) has an ownership interest in the applicant's company; or (2) is actively engaged in the operation and management of the company. (B) An individual holding an active broker or salesperson license must be licensed under a broker-in-charge who is licensed by the commission and may not be licensed during the same period with more than one broker-in-charge. When a licensee becomes disassociated with a broker-in-charge, he immediately shall notify the commission by completion of the proper form. The licensee must furnish a new business address to the commission, the authorization of the new broker-in-charge, and proof of notification to the former broker-in-charge. Section 40-57-340. (A) As a condition of active license renewal: (1) A broker or salesperson shall provide proof of satisfactory completion biennially of ten hours of continuing education in courses. The ten hours must include a minimum of four hours of instruction in mandated topics. (2) A broker-in-charge shall provide proof of satisfactory completion biennially of ten hours of continuing education in courses approved by the commission. The ten hours must include a minimum of four hours of instruction in mandated topics for a broker or salesperson license and four hours of continuing education must be in advanced real estate topics designed for brokers-in-charge. (3) A license must be renewed biennially coinciding with the licensees' continuing education deadline. Approximately one-half of the licensees must renew in even-numbered years and the remainder in odd-numbered years. (B) Exempt from the biennial continuing education required by subsection (A) are a: (1) salesperson who successfully completes a post-licensing course or takes a broker course is exempt for the renewal period during which the course was taken; (2) licensee while on inactive status; (3) nonresident broker or salesperson who has successfully satisfied the continuing education requirements in their jurisdiction of residence may be exempt with approval of the commission; or (4) broker or salesperson with a minimum of twenty-five years of licensure may apply to be granted an experience-based partial continuing education waiver, and upon granting of the waiver, is required to complete only the mandatory four hour core course biennially to maintain active licensure. A broker-in-charge who has been granted a partial continuing education waiver is required to take the four hour core course and the mandated four hour broker-in-charge course biennially. A licensee who previously has been granted a full continuing education waiver by the commission is exempt from the continuing education requirements of this chapter. (C) A broker or salesperson who takes more than the required number of hours during a two-year period may not carry forward any excess hours to another renewal period. (D) A broker or salesperson who fails to complete the continuing education requirements of this section by the date of license renewal may renew by submitting applicable fees but immediately must be placed on inactive status. The license may be reactivated upon proof of completion of required continuing education and payment of applicable fees. (E) In accordance with regulations, providers electronically shall transmit to the commission student continuing education and qualifying course records. The commission shall maintain an accurate and secure database of student records. (F) A pre-licensing and continuing education course is eligible for distance learning. Certification by the Association of Real Estate License Law Officials (ARELLO) or its subsidiary, the International Distance Education Certification Center (IDECC), is required. (G) The commission shall qualify for continuing education credit designation and certification programs of nationally recognized real estate organizations and associations. The commission may qualify for continuing education credit other than courses currently approved for continuing credit including, but not limited to, courses offered by the South Carolina Bar Association, South Carolina Forestry Board, and the South Carolina Appraisers Board. (H) Notwithstanding another provision of law, the commission shall qualify for continuing education credit courses that are related to real estate technology, professional development and business ethics. Section 40-57-350. (A) A real estate brokerage firm that provides services through an agency agreement for a client is bound by the duties of loyalty, obedience, disclosure, confidentiality, reasonable care, diligence, and accounting as set forth in this chapter. The following are the permissible brokerage relationships a real estate brokerage firm may establish: (1) seller agency; (2) buyer agency; (3) disclosed dual agency; (4) designated agency; or (5) transaction brokerage. (B) The broker-in-charge of a real estate brokerage firm shall adopt a written company policy that identifies and describes the types of real estate brokerage relationships in which associated licensees may engage, including teams and limited function referral offices. The written policy must include: (1) the real estate brokerage firm's policy regarding cooperation with transaction brokers, or both buyer agents, and transaction brokers, and whether the broker offers compensation to these licensees; (2) the scope of services provided to the real estate brokerage firm's clients; (3) the scope of services provided to the real estate brokerage firm's customers; (4) when and how associated licensees shall explain and disclose their brokerage relationships with an interested party to a potential transaction. The explanation and disclosure shall always comply with the minimum requirements set forth in this chapter; (5) when and how an associated licensee shall explain the potential for the licensee to later act as a disclosed dual agent, designated agent or transaction broker in specific transactions, as permitted by this chapter; and (6) the real estate brokerage firm's policy on compliance with state and federal fair housing laws. (C)(1) On reaching a written agency agreement to provide brokerage services for a seller of real estate, a seller's agent shall: (a) perform the terms of the written brokerage agreement made with the seller; (b) pursuant to subsection (A), promote the interest of the seller by performing agency duties which include: (i) seeking a sale at the price and terms stated in the brokerage agreement or at a price and terms acceptable to the seller, except that the real estate brokerage firm is not obligated to seek additional offers to purchase unless the brokerage agreement provides otherwise while the property is subject to a contract of sale; (ii) presenting in a timely manner all written offers and counteroffers to and from the seller, even when the property is subject to a contract of sale; (iii) disclosing to the seller all material adverse facts concerning the transaction which are actually known to the seller's agent except as directed otherwise in this section; (iv) advising the seller to obtain expert advice on matters that are beyond the expertise of the licensee; and (v) accounting in a timely manner, as required by this chapter, for all money and property received in which the seller has or may have an interest; (c) exercise reasonable skill and care in discharging the licensee's agency duties; (d) comply with all provisions of this chapter and with regulations adopted by the commission; (e) comply with all applicable federal, state, or local laws, rules, regulations, and ordinances related to real estate brokerage, including laws which relate to fair housing and civil rights; (f) preserve confidential information provided by the seller during the course of and following the agency relationship that might have a negative impact on the seller's real estate activity unless: (i) the seller to whom the confidential information pertains grants written consent to disclose the information; (ii) disclosure is required by law; or (iii) disclosure is necessary to defend the licensee against an accusation of wrongful conduct; or (iv) the information becomes public from a source other than the broker. (2) No cause of action may arise against a licensee for disclosing confidential information in compliance with subitem (f) of item (1). (D) A licensee acting as a seller's agent may offer alternative properties to prospective buyers. A licensee acting as a seller's agent also may list for sale competing properties. (E)(1) On reaching a written agency agreement to provide brokerage services to a potential buyer of real estate, a buyer's agent shall: (a) perform the terms of the written brokerage agreement made with the buyer; (b) in accordance with subsection (A), promote the interest of the buyer by performing the buyer's agent's duties which include: (i) seeking the type of property at the price and terms stated in the brokerage agreement or at a price and terms acceptable to the buyer, except that the licensee is not obligated to seek additional properties unless the brokerage agreement provides otherwise for a buyer once the buyer becomes a party to a contract of sale; (ii) presenting in a timely manner all written offers and counteroffers to and from the buyer; (iii) disclosing to the buyer all material adverse facts concerning the transaction which are actually known to the licensee except as directed otherwise in this section. Nothing in this chapter may limit a buyer's obligation to inspect the physical condition of the property which the buyer may purchase; (iv) advising the buyer to obtain expert advice on material matters that are beyond the expertise of the licensee; and (v) accounting in a timely manner, as required by this chapter, for all money and property received in which the buyer has or may have an interest; (c) exercising reasonable skill and care in discharging the buyer's agent's agency duties; (d) complying with all provisions of this chapter and with regulations promulgated by the commission; (e) complying with all applicable federal, state, or local laws, rules, regulations, and ordinances related to real estate brokerage, including laws which relate to fair housing and civil rights; (f) preserving confidential information provided by the buyer during the course of or following the agency relationship that might have a negative impact on the buyer's real estate activity unless: (i) the buyer to whom the confidential information pertains, grants written consent to disclose the information; (ii) disclosure is required by law; (iii) disclosure is necessary to defend the licensee against an accusation of wrongful conduct in a proceeding before the commission or before a professional association or professional standards committee; or (iv) the information becomes public from a source other than the licensee. (2) No cause of action may arise against a licensee for disclosing confidential information in compliance with item (1)(f). (F) A licensee acting as a buyer's agent may offer properties which interest his buyer client to other potential buyers. However, if the licensee has two competing buyer clients in a single real estate transaction, the agent will give written notice to each buyer client that neither will receive the confidential information of the other. (G)(1) A licensee shall treat all parties honestly and may not knowingly give them false or misleading information about the condition of the property which is known to the licensee. A licensee is not obligated to discover latent defects or to advise parties on matters outside the scope of the licensee's real estate expertise. Notwithstanding another provision of law, no cause of action may be brought against a licensee who has truthfully disclosed to a buyer a known material defect. (2) No cause of action may be brought against a real estate brokerage firm or licensee by a party for information contained in reports or opinions prepared by an engineer, land surveyor, geologist, wood destroying organism control expert, termite inspector, mortgage broker, home inspector, or other home inspection expert, or other similar reports. (3) A licensee, the real estate brokerage firm, and the broker-in-charge are not liable to a party for providing the party with false or misleading information if that information was provided to the licensee by the client or customer and the licensee did not know the information was false or incomplete. (H) Nothing in this chapter limits the obligation of the buyer to inspect the physical condition of the property. (I)(1) A real estate brokerage firm may act as a disclosed dual agent only with the prior informed and written consent of all parties. Consent is presumed to be informed if a party signs a completed copy of a dual agency agreement, promulgated by the commission. At the latest, the form must be signed by the buyer before writing an offer and by the seller before signing the sales contract. The agreement must specify the transaction, and must name the parties to the dual agency consent agreement, and must state that: (a) in acting as a dual agent, the real estate brokerage firm represents clients whose interests may be adverse and that agency duties are limited; (b) the associated licensees of the real estate brokerage firm may disclose information gained from one party to another party if the information is relevant to the transaction, except if the information concerns: (i) the willingness or ability of a seller to accept less than the asking price; (ii) the willingness or ability of a buyer to pay more than the offered price; (iii) any confidential negotiating strategy not disclosed in an offer as terms of a sale; or (iv) the motivation of a seller for selling property or the motivation of a buyer for buying property; (c) that the clients may choose to consent to the disclosed dual agency or may reject it; and (d) that the clients have read and understood the dual agency agreement and acknowledge that their consent to dual agency is voluntary. (2) A broker-in-charge and associated licensees in one office of a real estate brokerage firm may conduct business with a client of another office of the real estate brokerage firm as a customer or client without creating a dual agency relationship, so long as the branch offices each have a separate broker-in-charge and do not share the same associated licensees. (J)(1) A broker-in-charge may assign, through the adoption of a company policy, different licensees affiliated with the broker-in-charge as designated agents to exclusively represent different clients in the same transaction. A company policy adopted to fulfill the requirements of this subsection must contain provisions reasonably calculated to ensure each client is represented in accordance with the requirements of this chapter. (2) A broker-in-charge may personally, or through the broker's duly authorized real estate licensed representative, specifically designate one or more associated licensees who will be acting as agent of the buyer client or seller client to the exclusion of all other associated licensees. Buyers and sellers shall give informed consent to enter into designated agency relationships. The informed consent must be evidenced by a designated agency agreement promulgated by the commission, and must be signed by the buyer before writing the offer and by the seller before signing the sales agreement. The designated agency agreement must include language informing the buyer and seller of the obligations of the broker-in-charge and associated licensees under this section. (3) If a buyer client of a real estate brokerage firm wants to view a property that was personally listed by the broker-in-charge, the real estate brokerage firm shall act as a dual agent with the written consent of the buyer and seller, as required by subsection (I). If a seller client of a real estate brokerage firm wants to sell a property to a buyer client of the real estate brokerage firm that is personally represented by the broker-in-charge, the real estate brokerage firm shall act as a dual agent with the written consent of the buyer and seller, as required by subsection (I). (4) A designated agent of a seller client has the duties and obligations set forth in subsections (C) through (E). A designated agent of a buyer client has the duties and obligations set forth in subsections (E), (G), and (H). (5) In a transaction where both buyer and seller are represented by designated agents, the broker-in-charge shall act as a dual agent pursuant to subsection (I). The broker-in-charge is not required to complete a dual agency agreement under this provision. Consent must be contained in the designated agency agreement. (6) A designated agent may disclose to the designated agent's broker-in-charge, or the licensed representative appointed by the broker-in-charge, confidential information of a client for the purpose of seeking advice or assistance for the benefit of the client in regard to a transaction. (7) If a buyer client of a real estate brokerage firm wants to view and make an offer to purchase a property owned by a seller client being represented by the same associated licensee, the real estate brokerage firm must act as a dual agent with the written consent of the buyer and seller, as required by subsection (I). (8) If a broker-in-charge appoints different associated licensees as designated agents in accordance with subsection (J)(1), the broker-in-charge, all remaining affiliated licensees, and the real estate brokerage firm must be considered to be dual agents. (9) There may be no imputation of knowledge or information between and among the broker-in-charge, agents, and the clients. Designated agents may not disclose, except to the designated agent's broker-in-charge or appointed representative, information made confidential by written request or instruction of the client whom the designated agent is representing, except information allowed to be disclosed by this section or required to be disclosed by this section. Unless required to be disclosed by law, the broker-in-charge of a designated agent may not reveal confidential information received from either the designated agent or the client with whom the designated agent is working. For the purposes of this section, confidential information is information the disclosure of which has not been consented to by the client and that could harm the negotiating position of the client. (10) The designation of one or more of a broker-in-charge's associated licensees as designated agents does not permit the disclosure by the broker-in-charge or associated licensees of information made confidential by an express written request or instruction by a party before or after the creation of the designated agency. The broker-in-charge and associated licensees shall continue to maintain this confidential information unless the party from whom the confidential information was obtained permits its disclosure by written agreement or disclosure is required by law. No liability is created as a result of a broker-in-charge's and associated licensee's compliance with this subsection. (K) A licensee who represents one party to a real estate transaction may provide assistance to other parties to the transaction by performing ministerial acts such as writing and conveying offers, and providing information and aid concerning other professional services not related to the real estate brokerage services being performed for a client. Performing ministerial acts does not create an agency relationship. (L)(1) A real estate brokerage firm may offer transaction brokerage to potential buyers and sellers. A transaction broker may be a single agent of a party in a transaction, giving the other party customer service or the transaction broker may facilitate the transaction without representing either party. (2) Licensees operating as transaction brokers are required to disclose to buyers and sellers their role and duties in offering customer services to the consumer that shall include the following: (a) honesty and fair dealing; (b) accounting for all funds; (c) using skill, care and diligence in the transaction; (d) disclosing material adverse facts that affect the transaction, or the value or condition of the real property and that are not readily ascertainable; (e) promptly presenting all written offers and counteroffers; (f) limited confidentiality, unless waived in writing by a party. This limited confidentiality prohibits disclosing: (i) information concerning a buyer's motivation to buy or the buyer's willingness to make a higher offer than the price submitted in a written offer; (ii) factors motivating a seller to sell or the seller's willingness to accept an offer less than the list price; (iii) that a seller or buyer will agree to financing terms other than those offered; and (iv) information requested by a party to remain confidential, except information required by law to be disclosed; (g) additional duties that are entered into by separate agreement. (3) Prospective buyers and sellers who do not choose to establish an agency relationship with a real estate brokerage firm but who use the services of the firm are considered customers. A licensee may offer the following services to a customer as a single agent or as a transaction broker including, but not limited to: (a) identifying and showing property for sale, lease, or exchange; (b) providing real estate statistics and information on property; (c) providing preprinted real estate forms, contracts, leases, and related exhibits and addenda; (d) acting as a scribe in the preparation of real estate forms, contracts, leases, and related exhibits and addenda; (e) providing a list of architects, engineers, surveyors, inspectors, lenders, insurance agents, attorneys, and other professionals; and (f) identifying schools, shopping facilities, places of worship, and other similar facilities on behalf of a of the parties in a real estate transaction. (4) A licensee offering services to a customer shall: (a) timely present all written offers to and from the parties involving the sale, lease, and exchange of property, even when the property is subject to a contract of sale; (b) timely account for all money and property received by the broker on behalf of a party in a real estate transaction; (c) provide a meaningful explanation of brokerage relationships in real estate transactions; (d) provide an explanation of the scope of services to be provided by the licensee; (e) be fair and honest and provide accurate information in all dealings; (f) keep information confidential as requested in writing by the customer; and (g) disclose known material facts regarding the property or the transaction. (M) The provisions of this section which are inconsistent with applicable principles of common law supersede the common law, and the common law may be used to aid in interpreting or clarifying the duties described in this section. Except as otherwise stated, nothing in the section precludes an injured party from bringing a cause of action against licensees, their companies, or their brokers-in-charge. Section 40-57-360. (A) The broker-in-charge must be responsible for supervising the team and all licensed members of the team. The broker-in-charge may not delegate supervisory responsibilities to the team members or team leader. Written office policy of the broker-in-charge shall address team relationships in which associated licensees may engage. (B) The team may act as disclosed dual agents only and with the prior informed and written consent of all parties and as addressed in the broker-in-charge's written office policy. (C) Team members must conduct all real estate brokerage activities from their commission-established office under the supervision of a broker-in-charge. (D) Team advertising must contain the team name and the full name of the real estate brokerage firm displayed in a conspicuous way. (E) No team may imply that the team is a separate entity from the brokerage firm of its employment. Team names may not include the terms 'realty,' 'real estate', 'realtors', or similar terms suggesting a brokerage. (F) The team, and any and all team members, must display and promote that they are directly connected to the brokerage firm under which the team works. The brokerage firm name under which the team works is to be displayed prominently and visibly in a meaningful and conspicuous way on all methods of advertising. (G) The commission may promulgate regulations regarding the creation and operation of real estate teams. Section 40-57-370. (A) A licensee shall provide at the first practical opportunity to all potential buyers and sellers of real estate with whom the licensee has substantive contact: (1) a meaningful explanation of brokerage relationships in real estate transactions that are offered by that real estate brokerage firm, including an explanation of customer and client services; (2) Disclosure of Brokerage Relationships form prescribed by the commission. (B) An 'Acknowledgement of receipt of the Disclosure of Brokerage Relationships' form must be included in an agency agreement and in a sales contract. In addition, each sales contract must require the buyer and the seller to acknowledge whether they received customer or client service in that real estate transaction. (C) At the time of first substantive contact, it is presumed that the potential buyer or seller is to be a customer of the real estate brokerage firm and that the real estate brokerage firm will be acting as a transaction broker as defined by this chapter and that the real estate brokerage firm shall offer services to a customer as defined by Section 40-57-350 (L) only until the potential buyer or seller signs an agency representation agreement. (D) If first substantive contact occurs over the telephone or other electronic means, including the Internet and electronic mail, an 'Acknowledgement of receipt of the Disclosure of Brokerage Relationships' form may be sent by electronic means, including the Internet and electronic mail. (E) For all real estate transactions, no agency relationship between a buyer, seller, landlord, or tenant and a real estate brokerage firm and its associated licensees exists unless the buyer, seller, landlord, or tenant and the brokerage company and its associated licensees agree, in writing, to the agency relationship. No type of agency relationship may be assumed by a buyer, seller, landlord, tenant, or licensee or created orally or by implication. A real estate brokerage firm may not be considered to have an agency relationship with a party or have agency obligations to a party but is responsible only for exercising reasonable care in the discharge of the real estate brokerage firm's specified duties, as provided in this chapter, and, in the case of a client, as specified in the agency agreement. (F) The payment or promise of payment of compensation to a real estate brokerage firm by a seller, buyer, landlord, or tenant does not determine whether an agency relationship has been created between a real estate licensee and a seller, buyer, landlord, or tenant. (G) The brokerage relationship disclosure requirements of this section do not apply if the: (1) transaction is regarding the rental or lease of property; or (2) communication from the licensee is a solicitation of business. Section 40-57-380. A real estate broker and all associated licensees owe no duty or obligation to a client following termination, expiration, completion, or performance of an agency agreement or closing of the real property transaction, whichever occurs first, except the duties of: (1) accounting in a timely manner for all money and property related to and received during the relationship; and (2) keeping confidential all information received during the course of the engagement which was made confidential by request or instructions from the client, except as provided for in Section 40-57-350(C)(1)(f) and Section 40-57-350(E)(1)(f) unless the: (a) client permits the disclosure by written agreement; (b) disclosure is required by law; (c) disclosure is necessary to defend the licensee against an accusation of wrongful conduct in a proceeding before the commission or before a professional association or professional standards committee; or (d) the information becomes public from a source other than the broker.
Property Managers Section 40-57-510. (A) To be eligible for licensure as a property manager or property manager-in-charge, an applicant must: (1) attain the age of twenty-one if applying for a property manager-in-charge; (2) attain the age of eighteen if applying for a license as a property manager; (3) provide a physical address at which the licensee can be contacted in the course of an investigation. A licensee shall maintain on file with the commission his current contact information for his residential address, mailing address, email address, and telephone number. Failure to update this contact information within thirty days after a change may result in an administrative suspension of the property manager, salesperson, broker, or broker-in-charge pursuant to Section 40-57-710; (4) graduate from high school or hold a certificate of equivalency that is recognized by the South Carolina Department of Education; (5) submit proof of completion of education to the commission and, if applicable, experience requirements as specified in this chapter; (6) submit to criminal background check as provided in Section 40-57-115 for initial application; and (7) pass the applicable examination. (B) An application for examination or licensure must be made in writing on a form prescribed by the commission and must be accompanied by all applicable fees. (C) As a condition for and before applying to the commission for licensure, an applicant for a property manager or property manager-in-charge license shall provide proof to the commission of having met the following educational requirements, in addition to the other requirements of this chapter: (1) for a property manager license: (a) completion of thirty hours of classroom instruction in property management principles and practices; or (b) evidence of holding a juris doctor degree, a bachelor of law degree, a baccalaureate degree or a master's degree with a major in real estate or housing from an accredited college or university, or completion of another course of study approved by the commission; and (2) for a property manager-in-charge license: (a) an active property manager license; and (b) completion of seven hours of instruction in property management accounting and record keeping approved by the commission. (D) The commission shall issue licenses in the classifications of property manager or property manager-in-charge to individuals who qualify under and comply with the requirements of this chapter. An individual may not be licensed in more than one classification at the same time. The license must be in the form and size as the commission prescribes and is not transferable. (E) An individual holding an active property manager license must be licensed under a property manager-in-charge or broker-in-charge who is licensed by the commission or must be designated as a property manager-in-charge. A property manager may not be licensed during the same period with more than one property manager-in-charge or broker-in-charge. When a licensee becomes disassociated with a broker-in-charge or property manager-in-charge, the licensee immediately shall notify the commission by completion of the proper form. The licensee must furnish a new business address to the commission, the authorization of the new broker-in-charge or new property manager-in-charge, and proof of notification to the former broker-in-charge or property manager-in-charge. Section 40-57-520. (A) The management of each residential multiunit rental location must be provided by an on-site licensee or an off-site licensee if there is no on-site staff. (B) The commission may permit multiple multiunit rental property locations to be managed by one licensee. (C) An unlicensed employee of the owner of a multiunit rental property or an unlicensed individual who works under the supervision of a licensee is permitted to perform only the following duties: (1) maintenance; (2) clerical or administrative support; (3) collection of rents which that are made payable to the owner or real estate company; (4) showing rental units to prospective tenants; (5) furnishing published information; (6) providing applications and lease forms; and (7) receiving applications and leases for submission to the owner or the licensee for approval.
Misconduct and Redress Section 40-57-710. (A) In addition to Section 40-1-110, the commission may deny issuance of a license to an applicant or may take disciplinary action against a licensee who: (1) makes a substantial misrepresentation on an application for a real estate license; (2) makes a substantial misrepresentation involving a real estate transaction; (3) makes false promises likely to influence, persuade, or induce; (4) pursues a continued and flagrant course of misrepresentation or makes false and misleading promises through any medium of advertising or otherwise; (5) in the practice of real estate, demonstrates bad faith, dishonesty, untrustworthiness, or incompetency in a manner as to endanger the interest of the public; (6) represents a real estate broker other than the broker-in-charge or property manager-in-charge with whom they are licensed; (7) guarantees or authorizes and permits an associated licensee to guarantee future profits from the resale of real estate; (8) makes a dual set of contracts, written or otherwise, by stating a sales price other than the actual sales price; (9) is convicted of violating the federal and state fair housing laws, forgery, embezzlement, breach of trust, larceny, obtaining money or property under false pretense, extortion, fraud, conspiracy to defraud, or has been convicted of a felony sex-related, felony drug-related, felony real estate-related, felony financial, or felony violent offense, or pleading guilty or nolo contendere to such an offense in a court of competent jurisdiction of this State, another state, or a federal court; (10) fails to report to the commission in writing by certified mail, within ten days, notice of conviction of a crime provided in item (9); (11) fails, within a reasonable time, to account for or to remit trust funds coming into his possession which belong to others; (12) pays a commission or compensation to an unlicensed individual for activities requiring a license under this chapter. Notwithstanding this section, a licensee may not pay or offer to pay a referral fee or finder's fee to an unlicensed individual who is not a party in the real estate sales or rental transaction; (13) violates a provision of law relating to the freedom of a buyer or seller to choose an attorney, insurance agent, title insurance agent, or another service provider to facilitate the real estate transaction; (14) fails to disclose in accordance with Section 40-57-370 the party or parties for whom the licensee will be acting as an agent in a real estate transaction, if any; (15) receives compensation in a real estate transaction or directly resulting from a real estate transaction from more than one party except with the full knowledge and written disclosure to all parties; (16) represents more than one party in a real estate transaction without the full written knowledge and consent of all parties; (17) acts as an undisclosed principal in a real estate transaction; (18) accepts deposit money which is to be delivered to the licensee's principal in a real estate transaction without informing the payor and having the payor acknowledge in writing who will hold the money received by the licensee; (19) issues a check in connection with his real estate business which is returned for insufficient funds or closed account; (20) fails to disclose in accordance with Section 40-57-530 a known material facts concerning a real estate transaction; (21) violates a provision of this chapter or a regulation promulgated under this chapter; (22) violates a rule or order of the commission. (23) knowingly gives false information to an investigator or inspector; (24) engages in a practice or takes action inconsistent with the agency relationship that other real estate licensees have established with their clients; (25) fails to make all records required to be maintained under this chapter available to the commission for inspection and copying by the commission upon request of an investigator of the commission, fails to appear for an interview with an investigator of the commission without due cause, or provides false information upon direct inquiry by the investigator or inspector; (26) fails to promptly submit all offers and counteroffers in a real estate sales transaction; (27) fails to provide current contact information to the commission; or (28) allows or creates an unreasonable delay in the closing of a transaction or act in a manner which causes failure or termination of a transaction due solely to a dispute among participating licensees concerning the division of a commission. (B) If after an investigation, charges of a violation are brought against a licensee, the broker-in-charge or property manager-in-charge must be notified of the charges. Section 40-57-720. (A) An investigation must be conducted in accordance with Section 40-1-80 and must be performed by investigators who have completed one hundred hours of training in programs that are approved by the commission and provide instruction on real estate principles, state statutory and regulatory law, and investigative techniques. (B) A restraining order must be obtained in accordance with Section 40-1-100. (C)(1) The department shall conclude its investigation within one hundred fifty days from receipt of the complaint or seek a waiver of this period from the commission upon a showing of due diligence and extenuating circumstances. (2) A hearing on the charges must be at the time and place designated by the commission and must be conducted in accordance with the Administrative Procedures Act. (3) The commission shall render a decision and shall serve, within ninety days, notice, in writing, of the commission's decision to the licensee charged. The commission also shall state in the notice the date upon which the ruling or decision becomes effective. (4) The department shall maintain a public docket or other permanent record in which must be recorded all orders, consent orders, or stipulated settlements. (D) A licensee may voluntarily surrender his license in accordance with Section 40-1-150. (E)(1) The commission may impose disciplinary action in accordance with Section 40-1-120. (2) Upon determination by the commission that one or more of the grounds for discipline exists, the commission may impose a fine of not less than five hundred or more than five thousand dollars for each violation and as provided in Section 40-1-120. The commission may recover the costs of the investigation and the prosecution as provided in Section 40-1-170. (3) Nothing in this section prevents a licensee from voluntarily entering into a consent order with the commission wherein violations are not contested and sanctions are accepted. (F) The department annually shall post a report that provides the data for the number of complaints received, the number of investigations initiated, the average length of investigations, and the number of investigations that exceeded one hundred fifty days. Section 40-57-730. After revocation of a license, a person may not reapply for three years from the date of revocation. A person seeking licensure after revocation shall: (1) submit to the commission satisfactory proof that the person is trustworthy, has a good reputation for honesty and fair dealing, and is competent to transact the business of a real estate licensee; (2) submit proof of educational qualifications as set forth in this chapter if the proof of educational qualifications on file is more than five years old; (3) pass the applicable examination; and (4) meet any other qualifications and conditions that apply to individuals applying for a license who have never been licensed. Section 40-57-740. (A) No cause of action may arise against an owner of real estate or licensed real estate agent of a party to a transaction for failure to disclose in a transaction: (1) that the subject real estate is or was occupied by an individual who was infected with a virus or another disease which has been determined by medical evidence as being highly unlikely to be transmitted through occupancy of a dwelling place either presently or previously occupied by the infected individual; (2) that the death of an occupant of a property has occurred or the manner of the death; (3) any off-site condition or hazard that does not directly impact the property being transferred; or (4) any psychological impact that has no material impact on the physical condition of the property being transferred. (B) Nothing in subsection (A) precludes an action against an owner of real estate or agent of the owner who makes intentional misrepresentations in response to direct inquiry from a buyer or prospective buyer with regard to psychological impacts, offsite conditions, or stigmas associated with the real estate. (C) The commission shall establish and publish standards relevant to the approval and conduct of education required by this chapter. The commission shall review, approve, and regulate education courses required by this chapter and providers and instructors of these courses including, but not limited to, accredited colleges, universities, private business entities, organizations, schools, associations, and institutions. (D) The commission may deny, reprimand, fine, suspend, or revoke the approval of an education provider or instructor if the commission finds that the education provider or instructor has violated or failed to satisfy the provisions of this chapter or the regulations and standards promulgated pursuant to this chapter. (E) An application by a provider who seeks approval to offer and conduct educational instruction or an application by an instructor must be made on a form prescribed by the commission and accompanied by applicable fees not less than sixty days before a course offering and must be approved by the department before it may commence instruction. (F) If an application for a provider, instructor, or course is not approved, the reason must be detailed and the applicant must be given thirty days to respond. (G) If the commission approves an application, a certificate must be issued by the commission to a provider or an instructor and for an approved course to be renewed biennially. (H) An approved course must be taught by an approved instructor who is qualified and has demonstrated knowledge of the subject matter to be taught as well as the ability to teach. (I) Approved instructors shall attend instructor development workshops sponsored by the commission or provide evidence of equivalent hours of continuing education that increases their knowledge of the subject content in their area of expertise or their teaching techniques. Section 40-57-750. Payment and collection of costs associated with investigations and prosecution of violations under this chapter must comply with Section 40-1-170. Section 40-57-760. Imposition and collection of all costs and fines imposed pursuant to this chapter must comply with Section 40-1-180. Section 40-57-770. An investigation conducted pursuant to this chapter is confidential. Related communications are privileged as provided in Section 40-1-190. Section 40-57-780. A real estate broker, salesperson, or property manager who fails to renew or register a license and continues to engage in the business permitted pursuant to the license is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned not more than six months, or both. Section 40-57-790. A civil action may be brought for violations of this chapter as provided for violations of Article 1, Chapter 1, in accordance with Section 40-1-210. Section 40-57-800. (A) Service of a notice provided for by law upon a nonresident licensed under this chapter or upon a resident who, having been licensed, subsequently becomes a nonresident or after due diligence cannot be found at his usual abode or place of business in this State, may be made by providing a copy of the notice, and accompanying documents. A copy of the notice, accompanying documentation, and a certified copy of the service on the administrator must be mailed to the licensee at his last known address, return receipt requested. The administrator shall keep a record of the day of the service of the notice and the return receipt must be attached to and made part of the return of service of the notice by the commission. (B) A continuance may be given in a hearing under this chapter for which notice is given pursuant to this section so as to afford the licensee a reasonable opportunity to appear and be heard.
Section 40-57-810. If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective."
Rep. SANDIFER explained the amendment.
Rep. SANDIFER proposed the following Amendment No. 2 to S. 1013 (COUNCIL\NBD\1013C001.NBD.CZ16), which was adopted:
Rep. SANDIFER explained the amendment. The question then recurred to the passage of the Bill. The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are: Alexander Allison Anderson Atwater Bales Ballentine Bamberg Bannister Bernstein Bingham Bowers Bradley Brannon G. A. Brown R. L. Brown Burns Chumley Clary Clemmons Clyburn Cobb-Hunter Cole Collins H. A. Crawford Crosby Daning Delleney Dillard Douglas Duckworth Erickson Felder Finlay Forrester Fry Funderburk Gagnon Gambrell George Gilliard Goldfinch Govan Hamilton Hardee Hayes Henderson Henegan Herbkersman Hicks Hill Hiott Hixon Hodges Hosey Huggins Johnson Jordan Kennedy King Kirby Knight Loftis Long Lucas Mack McCoy McEachern McKnight M. S. McLeod W. J. McLeod Merrill Mitchell D. C. Moss Murphy Nanney Neal Newton Norrell Ott Parks Pitts Pope Quinn Riley Rivers Rutherford Sandifer Simrill G. M. Smith J. E. Smith Sottile Southard Spires Stavrinakis Stringer Tallon Taylor Tinkler Toole Weeks Wells Whipper White Whitmire Williams Yow
Those who voted in the negative are:
So, the Bill, as amended, was read the second time and ordered to third reading. Further proceedings were interrupted by expiration of time on the uncontested Calendar.
On motion of Rep. G. M. SMITH, with unanimous consent, the following Bill was ordered recalled from the Committee on Judiciary: S. 1090 (Word version) -- Senators Fair, Sheheen, Setzler, Lourie, Malloy and L. Martin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 24-19-5 SO AS TO PROVIDE THAT CHAPTER 19 OF TITLE 24 MAY BE CITED AS THE "JUDGE WILLIAM R. BYARS YOUTHFUL OFFENDER ACT".
On motion of Rep. ALLISON, with unanimous consent, the following Bill was ordered recalled from the Committee on Education and Public Works and was referred to the Committee on Judiciary: S. 233 (Word version) -- Senators Campsen, Hembree and Grooms: A BILL TO AMEND SECTION 6-1-160 OF THE 1976 CODE, RELATING TO INVOCATIONS TO OPEN MEETINGS OF DELIBERATIVE BODIES, TO PROVIDE THAT PUBLIC PRAYER MEANS A PRAYER OR INVOCATION; TO PROVIDE THAT DELIBERATIVE PUBLIC BODY INCLUDES A SCHOOL DISTRICT BOARD; TO PROVIDE THAT PUBLIC INVOCATIONS SHALL NOT PROSELYTIZE OR ADVANCE ANY ONE FAITH OR BELIEF, OR COERCE PARTICIPATION BY OBSERVERS; AND TO BROADEN THE ITEMS THAT MAY BE INCLUDED IN A POLICY TO PERMIT PUBLIC INVOCATIONS ADOPTED BY THE PUBLIC BODY.
Rep. HILL asked unanimous consent to recall H. 5204 (Word version) from the Committee on Ways and Means.
Rep. MCCOY asked unanimous consent to recall H. 3229 (Word version) from the Committee on Judiciary.
Rep. WILLIAMS moved that the House recur to the morning hour, which was agreed to.
The following was received from the Senate:
Columbia, S.C., April 19, 2016 H. 3579 (Word version) -- Reps. Simrill, White, Lucas, Allison, Henderson, Limehouse, Newton, Ott, Clary, Collins, Delleney, Forrester, Gambrell, Hardwick, Hiott, Horne, Merrill, D. C. Moss, V. S. Moss, Murphy, Pitts, Sandifer, G. M. Smith, Sottile, Spires, Wells, Whitmire, Yow, Jefferson, Erickson, Funderburk, Hosey, Hixon, Clyburn, Knight, Herbkersman, H. A. Crawford, Felder, Willis, McCoy, Bradley, Douglas, Norrell, Long, Bales, Daning, Loftis, Tallon, Anthony, Howard, Gagnon, Riley, Williams, Hayes, G. A. Brown, R. L. Brown, Hart, Weeks, Whipper, Pope, Tinkler, Hicks, Brannon, Corley, Clemmons, Johnson, George, Alexander, Anderson and Duckworth: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ENACT THE "SOUTH CAROLINA INFRASTRUCTURE FINANCE REFORM AND TAX RELIEF ACT"; TO AMEND SECTIONS 57-1-310, 57-1-320, 57-1-325, AND 57-1-330, ALL AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMMISSION OF THE DEPARTMENT OF TRANSPORTATION, SO AS TO PROVIDE THAT ALL THE COMMISSIONERS MUST BE APPOINTED BY THE GOVERNOR AND SERVE AT THE PLEASURE OF THE GOVERNOR, TO PROVIDE THAT APPOINTEES MUST BE SCREENED BY THE JOINT TRANSPORTATION REVIEW COMMITTEE, AND TO PROVIDE THAT NO PERSON MAY SERVE AS A COMMISSIONER FOR MORE THAN TWELVE YEARS AND NO COUNTY MAY HAVE A RESIDENT COMMISSIONER FOR MORE THAN TWELVE CONSECUTIVE YEARS; TO AMEND SECTION 57-1-410, AS AMENDED, RELATING TO THE SECRETARY OF THE DEPARTMENT OF TRANSPORTATION, SO AS TO PROVIDE THAT THE COMMISSION OF THE DEPARTMENT OF TRANSPORTATION, INSTEAD OF THE GOVERNOR, SHALL APPOINT THE SECRETARY; TO AMEND SECTIONS 57-1-730 AND 57-1-740, AS AMENDED, RELATING RESPECTIVELY TO THE DUTIES OF THE JOINT TRANSPORTATION REVIEW COMMITTEE, BOTH SO AS TO REQUIRE THE COMMITTEE TO SCREEN APPOINTEES TO THE COMMISSION OF THE DEPARTMENT OF TRANSPORTATION IN A SIMILAR MANNER AS CURRENTLY ELECTED COMMISSIONERS ARE SCREENED; BY ADDING SECTION 57-1-95 SO AS TO PROHIBIT THE COMMENCEMENT OF ANY NEW ROAD CONSTRUCTION PROJECTS IN THIS STATE UNTIL JULY 1, 2020, AND TO PROVIDE EXCEPTIONS; TO AMEND SECTION 11-43-140, RELATING TO THE BOARD OF DIRECTORS OF THE SOUTH CAROLINA TRANSPORTATION INFRASTRUCTURE BANK, SO AS TO INCREASE THE BOARD TO THIRTEEN MEMBERS AND TO SET FORTH THE MEMBERSHIP, AND TO PROVIDE THAT NO MEMBER MAY SERVE MORE THAN TWELVE YEARS; TO AMEND SECTION 11-43-180, RELATING TO FINANCIAL ASSISTANCE GIVEN BY THE INFRASTRUCTURE BANK, SO AS TO PROHIBIT THE BANK FROM PROVIDING ANY LOANS OR OTHER FINANCIAL ASSISTANCE TO ANY PROJECT UNLESS THE ELIGIBLE COSTS OF THE PROJECT ARE AT LEAST TWENTY FIVE MILLION DOLLARS; BY ADDING SECTION 11-43-265 SO AS TO REQUIRE THE INFRASTRUCTURE BANK TO PRIORITIZE ALL PROJECTS IN ACCORDANCE WITH THE PRIORITIZATION CRITERIA ESTABLISHED IN ACT 114 OF 2007, AND TO PROVIDE AN EXCEPTION; BY ADDING SECTION 57-1-100 SO AS TO SET FORTH THE OPTIONAL PROCESS BY WHICH THE DEPARTMENT OF TRANSPORTATION TRANSFERS CERTAIN STATE ROADS TO THE COUNTIES OF THIS STATE, TO INCREASE THE AMOUNT DISTRIBUTED TO THE PARTICIPATING COUNTIES OVER TIME, TO PROVIDE THAT EACH PARTICIPATING COUNTY MUST RECEIVE ONE MILLION DOLLARS BEFORE THE FUNDS ARE DISTRIBUTED BASED ON A FORMULA, TO AMEND SECTION 12-28-2740, RELATING TO THE DISTRIBUTION OF THE GASOLINE USER FEE TO THE COUNTIES OF THIS STATE, TO ABOLISH THE CURRENT COUNTY TRANSPORTATION COMMITTEES AND THEN RECONSTITUTE THEM WITH THE ADDITION OF MUNICIPAL REPRESENTATION, AND TO SPECIFY THE MANNER IN WHICH "C" FUNDS MUST BE EXPENDED; TO AMEND SECTIONS 56-5-4210 AND 56-5-4220, BOTH RELATING TO ROAD RESTRICTIONS, SO AS TO SPECIFY CERTAIN RESTRICTIONS ON LOCALITIES; TO AMEND SECTION 12-28-310, RELATING TO THE USER FEE ON GASOLINE, SO AS TO REDUCE THE FEE TO TEN CENTS A GALLON; TO AMEND SECTION 56-11-410, RELATING TO THE ROAD TAX, SO AS TO REDUCE THE TAX TO TEN CENTS A GALLON; TO AMEND SECTION 56-11-450, RELATING TO THE CREDIT AGAINST ROAD TAX, SO AS TO REDUCE THE CREDIT TO TEN CENTS A GALLON; TO AMEND SECTION 12-36-2110, RELATING TO THE MAXIMUM TAX, SO AS TO INCREASE THE MAXIMUM TAX FROM THREE HUNDRED TO FIVE HUNDRED DOLLARS ON THE SALE OR LEASE OF A MOTOR VEHICLE; TO AMEND SECTION 12-36-2647, RELATING TO THE TAX REVENUES COLLECTED FROM THE SALE OR LEASE OF A MOTOR VEHICLE, SO AS TO CREDIT ALL THE REVENUES TO THE STATE HIGHWAY FUND EXCEPT FOR CERTAIN AMOUNTS THAT ARE USED FOR THE EDUCATION IMPROVEMENT ACT; BY ADDING ARTICLE 4 TO CHAPTER 28, TITLE 12 SO AS TO IMPOSE AN EXCISE TAX ON THE WHOLESALE PRICE OF MOTOR FUEL EQUAL TO THE CUMULATIVE STATE SALES TAX RATE, TO PROVIDE THAT THE REVENUE MUST BE CREDITED TO THE STATE HIGHWAY FUND, TO PROVIDE THAT THE EXCISE TAX MAY NOT EXCEED THE EQUIVALENT OF SIXTEEN CENTS A GALLON, AND TO PROVIDE THE MANNER IN WHICH THE EXCISE TAX IS CALCULATED AND ADMINISTERED; BY ADDING ARTICLE 9 TO CHAPTER 11, TITLE 57 SO AS TO IMPOSE AN EXCISE TAX ON MOTOR CARRIERS IN THE SAME MANNER AS THE EXCISE TAX ON MOTOR FUEL; AND TO AMEND SECTION 12-6-510, RELATING TO TAX RATES FOR INDIVIDUALS, ESTATES, AND TRUSTS, SO AS TO INCREASE THE SIZE OF THE TAX BRACKETS FOR EACH TAX RATE; AND TO AMEND SECTION 12-6-520, RELATING TO THE ANNUAL ADJUSTMENT OF INCOME TAX BRACKETS, SO AS PROVIDE THE BRACKETS SHALL NOT BE ADJUSTED IN TAX YEARS 2016 AND 2017.
Very respectfully, On motion of Rep. HENDERSON, the House insisted upon its amendments. Whereupon, the Chair appointed Reps. SIMRILL, WHITE and RUTHERFORD to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.
Rep. SANDIFER, from the Committee on Labor, Commerce and Industry, submitted a favorable report with amendments on:
H. 4661 (Word version) -- Reps. Forrester, Sandifer, Clemmons, Loftis, Stringer, Norman, Ballentine, Rivers and Hicks: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SUBARTICLE 7 TO ARTICLE 9, CHAPTER 35, TITLE 11 SO AS TO PROVIDE REQUIREMENTS CONCERNING ACCEPTABLE PIPING MATERIAL IN THE STATE PROCUREMENT CODE, AND TO DEFINE NECESSARY TERMS. Rep. SANDIFER, from the Committee on Labor, Commerce and Industry, submitted a favorable report with amendments on:
S. 277 (Word version) -- Senators Alexander, Rankin and Hutto: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ENACT THE "STATE TELECOM EQUITY IN FUNDING ACT" BY ADDING SECTION 58-9-2515 SO AS TO CLARIFY THE JURISDICTION OF THE PUBLIC SERVICE COMMISSION OVER CERTAIN PROVIDERS REGARDING TELEPHONE SERVICE FOR HEARING AND SPEECH IMPAIRED PEOPLE; BY ADDING SECTION 58-9-2535 SO AS TO PROVIDE FOR THE MANNER OF ASSESSING AND COLLECTING DUAL PARTY RELAY CHARGES BY LOCAL EXCHANGE PROVIDERS, COMMERCIAL MOBILE RADIO SERVICE PROVIDERS, AND VOICE OVER INTERNET PROTOCOL SERVICE PROVIDERS, AMONG OTHER THINGS; TO AMEND SECTION 58-9-10, AS AMENDED, RELATING TO DEFINITIONS CONCERNING THE REGULATION OF TELEPHONE SERVICE, SO AS TO REVISE THE DEFINITIONS OF "BASIC LOCAL EXCHANGE TELEPHONE SERVICE" AND "CARRIER OF LAST RESORT"; TO AMEND SECTION 58-9-280, AS AMENDED, RELATING TO THE UNIVERSAL SERVICE FUND FOR CARRIERS OF LAST RESORT, SO AS TO PROVIDE FOR THE TRANSITION OF THE INTERIM LOCAL EXCHANGE CARRIER FUND INTO THE UNIVERSAL SERVICE FUND, TO LIMIT THE SIZE OF THE UNIVERSAL SERVICE FUND, AND TO REQUIRE VOICE OVER INTERNET PROTOCOL PROVIDERS, COMMERCIAL MOBILE RADIO SERVICE PROVIDERS, AND PREPAID WIRELESS SERVICE PROVIDERS TO CONTRIBUTE TO THE UNIVERSAL SERVICE FUND; TO AMEND SECTION 58-9-576, AS AMENDED, RELATING TO CERTAIN STAND-ALONE BASIC RESIDENTIAL LINE RATES, SO AS TO PROVIDE FOR THE TERMINATION OF THE RATES FIVE YEARS AFTER THEY BECOME EFFECTIVE; TO AMEND SECTION 58-9-2510, AS AMENDED, RELATING TO DEFINITIONS CONCERNING THE TELEPHONE SERVICE FOR HEARING AND SPEECH IMPAIRED PEOPLE, SO AS TO REVISE THESE DEFINITIONS AND PROVIDE ADDITIONAL NECESSARY DEFINITIONS; TO AMEND SECTION 58-9-2530, AS AMENDED, RELATING TO THE OPERATING FUND FOR A SYSTEM OF DUAL PARTY RELAY DEVICES AND RELATED TELECOMMUNICATIONS DEVICES, SO AS TO IMPOSE CERTAIN UNIFORM-RELATED SURCHARGES ON LOCAL EXCHANGE PROVIDERS; AND TO REPEAL SECTION 58-9-2540 RELATING TO AN ADVISORY COMMITTEE CONCERNING STATEWIDE TELECOMMUNICATIONS RELAY ACCESS SERVICE. Rep. BALES, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:
H. 5218 (Word version) -- Reps. Gilliard, Anderson, Limehouse, Mack, Hosey, Whipper and R. L. Brown: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 53-3-117 SO AS TO PROVIDE THAT THE MONTH OF MAY EVERY YEAR IS DECLARED "WATER SAFETY AWARENESS MONTH" IN THE STATE OF SOUTH CAROLINA; TO PROMOTE AN UNDERSTANDING OF WATER SAFETY PRACTICES AND THE CRITICAL IMPORTANCE OF WATER SAFETY IN AN EFFORT TO REDUCE DROWNING DEATHS AMONG CHILDREN IN THIS STATE; TO CREATE THE "WATER SAFETY AWARENESS IN SCHOOLS STUDY COMMITTEE"; TO EXAMINE THE ISSUE OF DROWNING DEATHS AMONG SCHOOL-AGED CHILDREN IN SOUTH CAROLINA; AND TO IDENTIFY A CURRICULUM TO PROVIDE SWIMMING INSTRUCTION IN OUR PUBLIC SCHOOLS AS A MEASURE TO HELP PREVENT CHILD DROWNING DEATHS. Rep. BALES, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:
H. 5225 (Word version) -- Rep. Hayes: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION NAME NORTH 9TH AVENUE IN THE TOWN OF DILLON "ROBERT MCRAE MEMORIAL AVENUE" AND TO ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS AVENUE THAT CONTAIN THIS DESIGNATION. Rep. BALES, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:
H. 5235 (Word version) -- Reps. W. J. McLeod and Anthony: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE BRIDGE SPANNING THE ENOREE RIVER ALONG UNITED STATES HIGHWAY 176 AND SOUTH CAROLINA HIGHWAYS 72 AND 121 IN NEWBERRY AND UNION COUNTIES THE "SENATOR MARVIN E. ABRAMS BRIDGE" IN MEMORY OF FORMER SOUTH CAROLINA STATE SENATOR MARVIN E. ABRAMS AND ERECT APPROPRIATE MARKERS OR SIGNS AT THE BRIDGE REFLECTING THIS DESIGNATION. Rep. BALES, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:
H. 4333 (Word version) -- Rep. Stavrinakis: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE BRIDGE THAT CROSSES WAPPOO CREEK ALONG WAPPOO ROAD AND NORTH EDGEWATER DRIVE IN CHARLESTON COUNTY "DAVID EARL HOLT MEMORIAL BRIDGE" AND ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS BRIDGE THAT CONTAIN THIS DESIGNATION. Rep. BALES, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:
S. 950 (Word version) -- Senators Grooms and Thurmond: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE INTERSECTION LOCATED AT THE JUNCTION OF SOUTH CAROLINA HIGHWAY 162 AND SOUTH CAROLINA HIGHWAY 165 IN CHARLESTON COUNTY "CHARLESTON COUNTY POLICEMAN STEVEN BUIST HIOTT, JR. MEMORIAL HIGHWAY" AND ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS PORTION OF HIGHWAY THAT CONTAIN THE WORDS "CHARLESTON COUNTY POLICEMAN STEVEN BUIST HIOTT, JR. MEMORIAL HIGHWAY". Rep. WHITE, from the Committee on Ways and Means, submitted a favorable report on:
H. 4556 (Word version) -- Reps. Duckworth, Clyburn and Clemmons: A BILL TO AMEND SECTION 12-37-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO ADD "EMERGENCY MEDICAL TECHNICIAN" TO THE DEFINITION "ELIGIBLE OWNER" FOR PURPOSES OF A PROPERTY TAX EXEMPTION FOR CERTAIN INDIVIDUALS WHO PERMANENTLY AND TOTALLY ARE DISABLED. Rep. WHITE, from the Committee on Ways and Means, submitted a favorable report with amendments on:
H. 4525 (Word version) -- Reps. Simrill, Loftis, Hosey and Southard: A BILL TO AMEND SECTION 38-7-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE IMPOSITION OF THE INSURANCE PREMIUM TAX, SO AS TO EXTEND THE DATE THAT CERTAIN REVENUE MUST BE SENT TO THE SOUTH CAROLINA FORESTRY COMMISSION TO 2027. Rep. WHITE, from the Committee on Ways and Means, submitted a favorable report with amendments on:
H. 4416 (Word version) -- Reps. Felder, Pope, Merrill, Burns, V. S. Moss and Pitts: A BILL TO AMEND SECTION 6-1-970, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXEMPTIONS FROM IMPACT FEES, SO AS TO ADD EXEMPTIONS FOR CERTAIN SCHOOLS AND VOLUNTEER FIRE DEPARTMENTS. Rep. WHITE, from the Committee on Ways and Means, submitted a favorable report on:
H. 5011 (Word version) -- Reps. Clemmons, Fry, Johnson, Duckworth, Hardee, Anderson, Goldfinch, George, Hayes and H. A. Crawford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 4-10-980 SO AS TO PROVIDE FOR THE REIMPOSITION OF THE LOCAL OPTION TOURISM DEVELOPMENT FEE. Rep. WHITE, from the Committee on Ways and Means, submitted a favorable report with amendments on:
H. 4765 (Word version) -- Reps. G. R. Smith, Parks, D. C. Moss, Cobb-Hunter, Jefferson, Duckworth, Daning, Kirby, R. L. Brown, Burns, Douglas, Brannon, Anthony, Mitchell, Ridgeway, Robinson-Simpson, Clyburn, Ryhal, Johnson, Yow, G. A. Brown, Riley, Taylor, Limehouse, Williams, Simrill, Bedingfield, Chumley, Dillard, Herbkersman, Hicks, Hill, Loftis, Long, V. S. Moss, Pope, Rivers, Thayer, Wells, Crosby and King: A BILL TO AMEND SECTION 12-6-5060, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOLUNTARY CONTRIBUTIONS MADE BY AN INDIVIDUAL BY MEANS OF THE INCOME TAX RETURN CHECK OFF, SO AS TO ADD HABITAT FOR HUMANITY. Rep. WHITE, from the Committee on Ways and Means, submitted a favorable report on:
H. 5009 (Word version) -- Reps. Cole, Tallon, Hicks, Brannon, Allison, Chumley, Clary, Forrester, Mitchell and King: A BILL TO AMEND SECTION 12-65-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TEXTILES COMMUNITIES REVITALIZATION INCOME TAX CREDIT, SO AS TO DELETE A PROVISION THAT LIMITS THE CREDIT TO FIFTY PERCENT OF CERTAIN LIABILITY. Rep. WHITE, from the Committee on Ways and Means, submitted a favorable report on:
H. 5034 (Word version) -- Rep. White: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-21-4320 SO AS TO REQUIRE THE DEPARTMENT OF REVENUE TO ESTABLISH AN INFORMATIONAL CHARITABLE BINGO WEBPAGE ON ITS WEBSITE; TO AMEND SECTION 12-21-3920, RELATING TO DEFINITIONS FOR PURPOSES OF THE BINGO TAX ACT, SO AS TO REDEFINE "BUILDING"; TO AMEND SECTION 12-21-3940, RELATING TO APPLICATIONS FOR A BINGO LICENSE BY NONPROFIT ORGANIZATIONS AND PROMOTERS, SO AS TO EXTEND THE TIME BY WHICH THE DEPARTMENT MUST RESPOND; TO AMEND SECTION 12-21-3990, RELATING TO THE MANNER OF PLAYING BINGO, SO AS TO PROVIDE THE MANNER IN WHICH CERTAIN DEVICES MUST BE OPERATED; TO AMEND SECTION 12-21-4000, RELATING TO PROCEDURES APPLICABLE TO THE CONDUCT OF BINGO, SO AS TO INCREASE THE ALLOWANCE FOR PROMOTIONS; TO AMEND SECTION 12-21-4005, RELATING TO THE OPERATION OF BINGO GAMES, SO AS TO EXCLUDE CERTAIN RAFFLES; TO AMEND SECTION 12-21-4090, RELATING TO BINGO CHECKING AND SAVINGS ACCOUNTS, SO AS TO ALLOW THE PROMOTER TO MAKE CERTAIN CONTRIBUTIONS AND TO ALLOW FOR ELECTRONIC PAYMENTS; AND TO AMEND SECTION 12-21-4190 RELATING TO THE DISTRIBUTION OF BINGO REVENUES, SO TO INCREASE THE PERCENTAGE THAT IS DISTRIBUTED TO CHARITY. Rep. WHITE, from the Committee on Ways and Means, submitted a favorable report on:
H. 4762 (Word version) -- Reps. Anthony and Yow: A BILL TO AMEND SECTION 6-1-320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LIMITATION ON MILLAGE RATE INCREASES AND EXCEPTIONS TO THIS LIMITATION, SO AS TO REVISE THE EXCEPTION TO THIS LIMITATION FOR THE PURCHASE OF CAPITAL EQUIPMENT AND OTHER EXPENDITURES IN A COUNTY HAVING A POPULATION OF LESS THAN ONE HUNDRED THOUSAND PERSONS AND HAVING AT LEAST FORTY THOUSAND ACRES OF STATE FOREST LAND BY CHANGING THE TERM "STATE FOREST LAND" IN THIS EXCEPTION TO THE TERM "STATE OR NATIONAL FOREST LAND". Rep. WHITE, from the Committee on Ways and Means, submitted a favorable report with amendments on:
H. 4776 (Word version) -- Reps. Allison, Erickson, Crosby, Yow, Gagnon, Duckworth, Clary, Govan, Neal, George, Anthony, Willis, Bannister, Bingham, R. L. Brown, Daning, Hayes, Henderson, Hixon, Long, Lucas, V. S. Moss, Murphy, Pope, Simrill, Tallon, Wells, W. J. McLeod, Kennedy and White: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 158 TO TITLE 59 SO AS TO ENACT THE "SOUTH CAROLINA EDUCATION FACILITY AUTHORITY ACT" IN ORDER TO PROVIDE ASSISTANCE TO ENABLE SCHOOL DISTRICTS TO PROVIDE SCHOOL FACILITIES, TO ESTABLISH A BOARD OF DIRECTORS, TO PROVIDE THE POWERS AND DUTIES OF THE AUTHORITY, TO PROVIDE FOR FUNDING OF THE AUTHORITY, TO AUTHORIZE THE ISSUANCE OF SOUTH CAROLINA EDUCATION FACILITY REVENUE BONDS, AND TO SPECIFY THE MANNER IN WHICH BOND PROCEEDS ARE ALLOCATED TO SCHOOL DISTRICTS. Rep. WHITE, from the Committee on Ways and Means, submitted a favorable report with amendments on:
H. 5077 (Word version) -- Rep. White: A BILL TO AMEND SECTION 6-25-113, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PAYMENT OF BONDS BY A JOINT AUTHORITY WATER AND SEWER SYSTEM, SO AS TO ALLOW A LIEN TO BE PLACED ON THE AUTHORITY'S PROPERTY IN ACCORDANCE WITH THE REVENUE BOND ACT FOR UTILITIES. Rep. WHITE, from the Committee on Ways and Means, submitted a favorable report with amendments on:
H. 5078 (Word version) -- Reps. White and Cobb-Hunter: A BILL TO AMEND SECTION 4-10-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VARIOUS LOCAL SALES AND USE TAXES, SO AS TO DEFINE "GENERAL ELECTION"; TO AMEND SECTIONS 4-10-330 AND 4-10-340, BOTH AS AMENDED, RELATING TO THE CAPITAL PROJECTS SALES TAX ACT, SO AS TO PROVIDE THAT THE TAX MUST TERMINATE ON APRIL THIRTIETH OF AN ODD- OR EVEN-NUMBERED YEAR. Rep. WHITE, from the Committee on Ways and Means, submitted a favorable report with amendments on:
H. 3767 (Word version) -- Rep. White: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-37-221 SO AS TO PROHIBIT THE LEVY OF CERTAIN PROPERTY TAXES ON REAL PROPERTY OWNED OR LEASED TO CERTAIN CHILDCARE PROVIDERS; TO AMEND SECTION 63-13-20, RELATING TO THE DEFINITION OF TERMS USED IN THE REGULATION OF CHILDCARE FACILITIES, SO AS TO CLARIFY THE TYPES OF DAYTIME PROGRAMS AND DAY CAMPS TO WHICH THE DEFINITION APPLIES; BY ADDING SECTION 63-13-220 SO AS TO PROHIBIT USE OF ABC VOUCHERS BY CERTAIN CHILDCARE FACILITIES AND TO REQUIRE THE GENERAL ASSEMBLY TO APPROPRIATE FUNDS ANNUALLY; AND BY ADDING SECTION 63-13-470 SO AS TO PROVIDE FOR LICENSING AND APPROVAL REQUIREMENTS FOR PRIVATE CHILDCARE CENTERS AND GROUP CHILDCARE HOMES. Rep. WHITE, from the Committee on Ways and Means, submitted a favorable report with amendments on:
H. 5006 (Word version) -- Reps. Lucas, Pope, Merrill, Bradley, Finlay, Stringer, Norman, Ballentine, Felder, Mitchell and King: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 9-16-100 SO AS TO PROHIBIT LOBBYISTS AND PLACEMENT AGENTS FROM CONTACTING CERTAIN INDIVIDUALS CONNECTED WITH THE RETIREMENT SYSTEM INVESTMENT COMMISSION; TO AMEND SECTION 9-4-10, RELATING TO THE PUBLIC EMPLOYEE BENEFIT AUTHORITY, SO AS TO CLARIFY THE BOARD OF THE AUTHORITY IS THE SOLE GOVERNING BODY OF THE AUTHORITY, TO PROVIDE FOR A FIVE-YEAR TERM AND STAGGERED TERMS OF BOARD MEMBERS, TO PRESCRIBE MEETING REQUIREMENTS, TO PROVIDE FOR AN EXECUTIVE DIRECTOR, AND TO PROVIDE CERTAIN FIDUCIARY DUTIES; TO AMEND SECTION 9-16-10, AS AMENDED, RELATING TO DEFINITIONS, SO AS TO REVISE CERTAIN DEFINITIONS; TO AMEND SECTION 9-16-315, AS AMENDED, RELATING TO THE RETIREMENT SYSTEM INVESTMENT COMMISSION, SO AS TO ADD A GUBERNATORIAL APPOINTMENT TO THE COMMISSION, TO LIMIT A MEMBER TO TWO TERMS, TO PROVIDE FURTHER QUALIFICATIONS FOR MEMBERS, TO PROVIDE FOR AN EXECUTIVE DIRECTOR, AND TO ALLOW THE COMMISSION TO ENGAGE ATTORNEYS ON A FEE BASIS; TO AMEND SECTION 9-16-380, RELATING TO THE AUDIT OF THE RETIREMENT SYSTEM INVESTMENT COMMISSION, SO AS TO REQUIRE THE AUDIT FIRM BE SELECTED USING THE PROCUREMENT CODE; TO AMEND SECTION 9-16-340, AS AMENDED, RELATING TO THE INVESTMENT OF RETIREMENT SYSTEM FUNDS, SO AS TO REQUIRE A REDUCTION IN THE TOTAL AMOUNT OF FEES PAID; BY ADDING ARTICLE 4 TO CHAPTER 16, TITLE 9 SO AS TO ESTABLISH THE REVIEW AND OVERSIGHT COMMISSION ON THE RETIREMENT SYSTEM INVESTMENT COMMISSION, TO PROVIDE FOR ITS MEMBERSHIP, AND TO PROVIDE FOR ITS SCREENING DUTIES; TO AMEND SECTION 9-1-1310, AS AMENDED, RELATING TO THE ASSETS OF THE RETIREMENT SYSTEM AND INVESTMENT OF RETIREMENT SYSTEM FUNDS, SO AS TO REQUIRE THE PUBLIC EMPLOYEE BENEFIT AUTHORITY TO HOLD THE ASSETS OF THE RETIREMENT SYSTEM IN A GROUP TRUST, AND TO PROHIBIT INVESTMENTS IN CERTAIN MONEY MORTGAGES AND REAL ESTATE INVESTMENT TRUSTS; AND TO AMEND SECTION 1-3-240, AS AMENDED, RELATING TO THE REMOVAL OF OFFICERS BY THE GOVERNOR, SO AS TO ADD THE MEMBERS OF THE RETIREMENT SYSTEM INVESTMENT COMMISSION TO THE LIST OF OFFICERS OR ENTITIES THE GOVERNING BOARD OF WHICH MAY BE REMOVED BY THE GOVERNOR ONLY FOR CERTAIN REASONS CONSTITUTING CAUSE. Rep. WHITE, from the Committee on Ways and Means, submitted a favorable report with amendments on:
H. 5007 (Word version) -- Reps. Lucas, Pope, Merrill, Bradley, Finlay, Stringer, Norman, Ballentine, Felder, Mitchell and King: A BILL TO AMEND SECTION 9-16-335, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ASSUMED RATE OF RETURN FOR RETIREMENT SYSTEM FUNDS, SO AS TO PROVIDE THAT THE ASSUMED RATE OF RETURN EXPIRES EVERY FOUR YEARS UNLESS ACTION IS TAKEN BY THE GENERAL ASSEMBLY, AND IF NOT, THE RATE IS SET BY THE STATE FISCAL ACCOUNTABILITY AUTHORITY; AND TO AMEND SECTION 9-1-1085, RELATING TO EMPLOYER AND EMPLOYEE CONTRIBUTION RATES FOR PURPOSES OF THE RETIREMENT SYSTEM, SO AS TO REDUCE THE AMORTIZATION SCHEDULE FROM THIRTY YEARS TO TWENTY YEARS. Rep. DELLENEY, from the Committee on Judiciary, submitted a favorable report on:
S. 1191 (Word version) -- Senators Hembree and Kimpson: A CONCURRENT RESOLUTION TO DISAPPROVE AMENDMENTS TO THE SOUTH CAROLINA RULES OF CRIMINAL PROCEDURE, AS PROMULGATED BY THE SUPREME COURT OF SOUTH CAROLINA AND SUBMITTED TO THE GENERAL ASSEMBLY PURSUANT TO SECTION 4A, ARTICLE V OF THE CONSTITUTION OF THIS STATE. Rep. DELLENEY, from the Committee on Judiciary, submitted a favorable report with amendments on:
H. 4547 (Word version) -- Reps. Rutherford, Hosey and Alexander: A BILL TO AMEND SECTION 63-19-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF "CHILD" AND "JUVENILE" IN THE JUVENILE JUSTICE CODE, SO AS TO CHANGE THE AGE TO A PERSON UNDER TWENTY-ONE YEARS OF AGE, WITH EXCEPTIONS; TO AMEND SECTIONS 63-19-1030, 63-19-1210, 63-19-1410, 63-19-1420, 63-19-1440, AS AMENDED, 63-19-1650, AND 63-19-2050, AS AMENDED, ALL RELATING TO JUVENILE JUSTICE, SO AS TO MAKE CONFORMING CHANGES. Rep. DELLENEY, from the Committee on Judiciary, submitted a favorable report with amendments on:
H. 4387 (Word version) -- Reps. Bamberg, Henegan, Clyburn, Pitts and Cobb-Hunter: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-1-245 SO AS TO PROVIDE THAT A LAW ENFORCEMENT AGENCY, DEPARTMENT, OR DIVISION MAY NOT REQUIRE ITS OFFICERS TO ISSUE A SPECIFIC AMOUNT OR MEET A QUOTA FOR THE NUMBER OF CITATIONS THEIR OFFICERS ISSUE DURING A DESIGNATED PERIOD OF TIME, TO PROVIDE THAT A LAW ENFORCEMENT AGENCY, DEPARTMENT, OR DIVISION MAY NOT COMPARE THE NUMBER OF CITATIONS ISSUED BY ITS OFFICERS FOR THE PURPOSE OF EVALUATING AN OFFICER'S JOB PERFORMANCE, TO PROVIDE THAT "POINT OF CONTACT" MAY BE USED TO EVALUATE AN OFFICER'S PERFORMANCE, TO PROVIDE THAT AN EMPLOYEE WHO FILES A REPORT THAT ALLEGES A VIOLATION OF THIS SECTION IS PROTECTED BY THE "WHISTLE BLOWER ACT", AND TO PROVIDE DEFINITIONS. Rep. DELLENEY, from the Committee on Judiciary, submitted a favorable report on:
S. 338 (Word version) -- Senators S. Martin and Bryant: A BILL TO AMEND ARTICLE 1, CHAPTER 13, TITLE 24 OF THE 1976 CODE, RELATING TO GENERAL PROVISIONS REGARDING PRISONERS, BY ADDING SECTION 24-13-180 TO PROVIDE THAT ANY PUBLIC, PRIVATE, OR NONPROFIT ENTITY WHICH IS ENGAGED IN HELPING TO REHABILITATE AND REINTRODUCE PAROLED PRISON INMATES INTO THE COMMUNITY AND WHICH AS A PART OF ITS PROGRAM PROVIDES RESIDENTIAL HOUSING IN THE COMMUNITY TO THESE PAROLEES MUST PROVIDE NOTICE IN A NEWSPAPER OF GENERAL CIRCULATION IN THE COMMUNITY OF THE ADDRESSES WHERE THESE RESIDENTIAL HOUSING FACILITIES WILL BE LOCATED, AND ALSO MUST CONDUCT A PUBLIC HEARING REGARDING THE PROGRAM AND THE LOCATION OF THESE RESIDENTIAL HOUSING FACILITIES IN THE COMMUNITY WHERE THEY WILL BE LOCATED. Rep. DELLENEY, from the Committee on Judiciary, submitted a favorable report with amendments on:
H. 5037 (Word version) -- Reps. Quinn, Jefferson and Brannon: A BILL TO AMEND SECTION 7-15-385, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ABSENTEE VOTING AND MARKING OF BALLOTS, SO AS TO ELIMINATE THE AUTHORIZATION ALLOWING ANOTHER PERSON TO RETURN THE ABSENTEE BALLOT APPLICANT'S BALLOT FOR HIM, AND TO ELIMINATE THE REQUIREMENT THAT THE ABSENTEE BALLOT APPLICANT'S OATH ON THE RETURN ENVELOPE BE WITNESSED. Rep. DELLENEY, from the Committee on Judiciary, submitted a favorable report with amendments on:
H. 3084 (Word version) -- Reps. Jefferson, Southard, McKnight, Weeks, Whipper, Robinson-Simpson and Mitchell: A BILL TO AMEND SECTION 7-15-380, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OATH OF THE ABSENTEE BALLOT APPLICANT, SO AS TO ELIMINATE THE REQUIREMENT THAT THE ABSENTEE BALLOT APPLICANT'S OATH BE WITNESSED. Rep. DELLENEY, from the Committee on Judiciary, submitted a favorable report with amendments on:
H. 4546 (Word version) -- Reps. Putnam, Clyburn, Robinson-Simpson, Thayer, Collins, Clary, Erickson, Long, Ryhal, Herbkersman, Newton, Jordan, Hicks, McCoy, M. S. McLeod, Douglas, Henegan, Allison, Quinn, Funderburk and Finlay: A BILL TO AMEND SECTION 63-7-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN THE CHILDREN'S CODE, SO AS TO ADD DEFINITIONS FOR "AGE-APPROPRIATE ACTIVITY", "CAREGIVER", AND "STANDARD OF CARE OF A REASONABLE AND PRUDENT PARENT"; TO AMEND SECTION 63-7-1700, AS AMENDED, RELATING TO PERMANENCY PLANNING, SO AS TO PROVIDE FOR COURT CONSIDERATION OF LOCAL FOSTER CARE REVIEW BOARD RECOMMENDATIONS, TO REQUIRE THE COURT TO TAKE INTO CONSIDERATION RECOMMENDATIONS OF THE DEPARTMENT OF SOCIAL SERVICES, THE LOCAL FOSTER CARE REVIEW BOARD, AND THE GUARDIAN AD LITEM BEFORE APPROVING A PLACEMENT PLAN, AND TO REQUIRE THE COURT TO REVIEW THE DEPARTMENT'S EFFORTS TO ENSURE A FOSTER CHILD HAS THE OPPORTUNITY TO ENGAGE IN AGE-APPROPRIATE ACTIVITIES; TO AMEND SECTION 63-7-2310, RELATING TO THE FOSTER CARE SYSTEM, SO AS TO REQUIRE THE DEPARTMENT TO MAKE EFFORTS TO NORMALIZE THE LIVES OF CHILDREN IN FOSTER CARE BY ENABLING PARTICIPATION IN AGE-APPROPRIATE ACTIVITIES; TO AMEND SECTION 63-11-720, RELATING TO FUNCTIONS AND POWERS OF LOCAL FOSTER CARE REVIEW BOARDS, SO AS TO CHANGE THE FREQUENCY WITH WHICH THESE BOARDS MUST REVIEW CASES OF CHILDREN IN FOSTER CARE AND CERTAIN REPORTING REQUIREMENTS; TO AMEND SECTION 63-11-750, RELATING THE FOSTER CARE REVIEW BOARD'S RIGHT TO PARTICIPATE IN CHILD ABUSE AND NEGLECT JUDICIAL PROCEEDINGS, SO AS TO ALLOW THE BOARD TO INTRODUCE, EXAMINE, AND CROSS-EXAMINE WITNESSES; AND FOR OTHER PURPOSES. Rep. DELLENEY, from the Committee on Judiciary, submitted a favorable report with amendments on:
H. 4835 (Word version) -- Reps. Erickson, Johnson, Delleney, Loftis, Finlay, Brannon, M. S. McLeod, Pope, Thayer, Long, Atwater, Knight, McCoy, Henegan, Douglas, Horne, Allison, Goldfinch, Gambrell, Newton, Riley, Collins, Clemmons, Duckworth, Funderburk, Gagnon, Henderson, Hicks, D. C. Moss and G. R. Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 7 TO CHAPTER 15, TITLE 63 SO AS TO ENACT THE "SUPPORTING AND STRENGTHENING FAMILIES ACT" TO ALLOW PARENTS AND PERSONS WITH LEGAL CUSTODY OF A CHILD TO DELEGATE CAREGIVING AUTHORITY FOR THE CHILD TEMPORARILY TO AN ADULT BY EXECUTION OF A POWER OF ATTORNEY, TO PROVIDE FOR THE REQUIREMENTS AND LIMITATIONS OF THE DELEGATION OF CAREGIVING AUTHORITY AND THE RIGHT TO REVOKE THE POWER OF ATTORNEY, AND FOR OTHER PURPOSES; TO AMEND SECTION 63-7-920, AS AMENDED, RELATING TO INVESTIGATIONS OF SUSPECTED CHILD ABUSE OR NEGLECT, SO AS TO REQUIRE THE DEPARTMENT OF SOCIAL SERVICES TO PROVIDE CERTAIN INFORMATION ABOUT COMMUNITY SUPPORTIVE SERVICES TO A PARENT WHEN THE INVESTIGATION DOES NOT RESULT IN PLACEMENT OF THE CHILD OUTSIDE OF THE HOME; AND TO AMEND SECTION 63-13-20, RELATING TO THE DEFINITION OF A CHILDCARE FACILITY, SO AS TO EXCLUDE AN ADULT DESIGNATED AS AN ATTORNEY-IN-FACT FOR A CHILD IN A POWER OF ATTORNEY EXECUTED PURSUANT TO ARTICLE 7, CHAPTER 15, TITLE 63.
The following was introduced: H. 5248 (Word version) -- Reps. G. A. Brown, Alexander, Allison, Anderson, Anthony, Atwater, Bales, Ballentine, Bamberg, Bannister, Bedingfield, Bernstein, Bingham, Bowers, Bradley, Brannon, R. L. Brown, Burns, Chumley, Clary, Clemmons, Clyburn, Cobb-Hunter, Cole, Collins, Corley, H. A. Crawford, Crosby, Daning, Delleney, Dillard, Douglas, Duckworth, Erickson, Felder, Finlay, Forrester, Fry, Funderburk, Gagnon, Gambrell, George, Gilliard, Goldfinch, Govan, Hamilton, Hardee, Hart, Hayes, Henderson, Henegan, Herbkersman, Hicks, Hill, Hiott, Hixon, Hodges, Horne, Hosey, Howard, Huggins, Jefferson, Johnson, Jordan, Kennedy, King, Kirby, Knight, Limehouse, Loftis, Long, Lowe, Lucas, Mack, McCoy, McEachern, McKnight, M. S. McLeod, W. J. McLeod, Merrill, Mitchell, D. C. Moss, V. S. Moss, Murphy, Nanney, Neal, Newton, Norman, Norrell, Ott, Parks, Pitts, Pope, Putnam, Quinn, Ridgeway, Riley, Rivers, Robinson-Simpson, Rutherford, Ryhal, Sandifer, Simrill, G. M. Smith, G. R. Smith, J. E. Smith, Sottile, Southard, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Tinkler, Toole, Weeks, Wells, Whipper, White, Whitmire, Williams, Willis and Yow: A HOUSE RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES UPON THE PASSING OF JUDITH "JUDY" HALL TISDALE OF LEE COUNTY, AND TO EXTEND THEIR DEEPEST SYMPATHY TO HER LARGE AND LOVING FAMILY AND HER MANY FRIENDS. The Resolution was adopted.
The following was introduced: H. 5249 (Word version) -- Reps. G. A. Brown, Alexander, Allison, Anderson, Anthony, Atwater, Bales, Ballentine, Bamberg, Bannister, Bedingfield, Bernstein, Bingham, Bowers, Bradley, Brannon, R. L. Brown, Burns, Chumley, Clary, Clemmons, Clyburn, Cobb-Hunter, Cole, Collins, Corley, H. A. Crawford, Crosby, Daning, Delleney, Dillard, Douglas, Duckworth, Erickson, Felder, Finlay, Forrester, Fry, Funderburk, Gagnon, Gambrell, George, Gilliard, Goldfinch, Govan, Hamilton, Hardee, Hart, Hayes, Henderson, Henegan, Herbkersman, Hicks, Hill, Hiott, Hixon, Hodges, Horne, Hosey, Howard, Huggins, Jefferson, Johnson, Jordan, Kennedy, King, Kirby, Knight, Limehouse, Loftis, Long, Lowe, Lucas, Mack, McCoy, McEachern, McKnight, M. S. McLeod, W. J. McLeod, Merrill, Mitchell, D. C. Moss, V. S. Moss, Murphy, Nanney, Neal, Newton, Norman, Norrell, Ott, Parks, Pitts, Pope, Putnam, Quinn, Ridgeway, Riley, Rivers, Robinson-Simpson, Rutherford, Ryhal, Sandifer, Simrill, G. M. Smith, G. R. Smith, J. E. Smith, Sottile, Southard, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Tinkler, Toole, Weeks, Wells, Whipper, White, Whitmire, Williams, Willis and Yow: A HOUSE RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES UPON THE PASSING OF JAMES KENNEDY ALEXANDER OF LEE COUNTY, AND TO EXTEND THEIR DEEPEST SYMPATHY TO HIS LARGE AND LOVING FAMILY AND HIS MANY FRIENDS. The Resolution was adopted.
The following was introduced: H. 5250 (Word version) -- Rep. Howard: A CONCURRENT RESOLUTION TO COMMEND THE BOYS & GIRLS CLUBS OF SOUTH CAROLINA FOR THEIR WONDERFUL EFFORTS IN HELPING SOUTH CAROLINA'S YOUTH PREPARE FOR A PRODUCTIVE LIFE AND TO RECOGNIZE THE THIRTEEN YOUNG PEOPLE FROM DIFFERENT BOYS & GIRLS CLUBS THROUGHOUT THE STATE WHO HAVE BEEN NAMED 2016 YOUTH OF THE YEAR BY THE SOUTH CAROLINA ALLIANCE OF BOYS & GIRLS CLUBS. The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced: H. 5251 (Word version) -- Reps. Funderburk, Bales, G. A. Brown and Lucas: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND THE HONORABLE JOYCE MCDONALD, KERSHAW COUNTY CLERK OF COURT, UPON THE OCCASION OF HER RETIREMENT AFTER TWENTY-FOUR YEARS OF EXEMPLARY SERVICE, AND TO WISH HER CONTINUED SUCCESS AND HAPPINESS IN ALL HER FUTURE ENDEAVORS. The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced: H. 5252 (Word version) -- Reps. Pope, Hamilton, Alexander, Allison, Anderson, Anthony, Atwater, Bales, Ballentine, Bamberg, Bannister, Bedingfield, Bernstein, Bingham, Bowers, Bradley, Brannon, G. A. Brown, R. L. Brown, Burns, Chumley, Clary, Clemmons, Clyburn, Cobb-Hunter, Cole, Collins, Corley, H. A. Crawford, Crosby, Daning, Delleney, Dillard, Douglas, Duckworth, Erickson, Felder, Finlay, Forrester, Fry, Funderburk, Gagnon, Gambrell, George, Gilliard, Goldfinch, Govan, Hardee, Hart, Hayes, Henderson, Henegan, Herbkersman, Hicks, Hill, Hiott, Hixon, Hodges, Horne, Hosey, Howard, Huggins, Jefferson, Johnson, Jordan, Kennedy, King, Kirby, Knight, Limehouse, Loftis, Long, Lowe, Lucas, Mack, McCoy, McEachern, McKnight, M. S. McLeod, W. J. McLeod, Merrill, Mitchell, D. C. Moss, V. S. Moss, Murphy, Nanney, Neal, Newton, Norman, Norrell, Ott, Parks, Pitts, Putnam, Quinn, Ridgeway, Riley, Rivers, Robinson-Simpson, Rutherford, Ryhal, Sandifer, Simrill, G. M. Smith, G. R. Smith, J. E. Smith, Sottile, Southard, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Tinkler, Toole, Weeks, Wells, Whipper, White, Whitmire, Williams, Willis and Yow: A CONCURRENT RESOLUTION TO AFFIRM THE DEDICATION OF THE GENERAL ASSEMBLY TO THE FUTURE SUCCESS OF ALL OF SOUTH CAROLINA'S CHILDREN AND TO DECLARE MAY 14, 2016, "CHILDHOOD APRAXIA OF SPEECH DAY" IN THE STATE OF SOUTH CAROLINA. The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Bills and Joint Resolution were introduced, read the first time, and referred to appropriate committees:
H. 5253 (Word version) -- Rep. Henderson: A JOINT RESOLUTION TO CREATE THE "SEIZURE SAFETY IN SCHOOLS STUDY COMMITTEE" TO EXAMINE ISSUES RELATED TO EPILEPSY AND SEIZURE SAFETY AWARENESS IN PUBLIC SCHOOLS, TO PROVIDE FOR THE MEMBERSHIP OF THE STUDY COMMITTEE, AND TO PROVIDE FOR THE STUDY COMMITTEE'S TERMINATION.
H. 5254 (Word version) -- Rep. Felder: A BILL TO AMEND SECTION 57-5-1620, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEPARTMENT OF TRANSPORTATION'S DUTY TO ADVERTISE AND AWARD CERTAIN CONSTRUCTION CONTRACTS, SO AS TO PROVIDE THAT THE DEPARTMENT ALSO MUST POST A NOTICE OF CERTAIN CONTRACTS AT THE LOCATION OF THE PROJECT BEFORE THE CONTRACT MAY BE AWARDED.
S. 985 (Word version) -- Senator Leatherman: A BILL TO AMEND SECTION 4 OF ACT 250 OF 1991, AS AMENDED BY ACT 168 OF 1995, RELATING TO ELECTIONS FOR MEMBERS OF THE BOARD OF TRUSTEES FOR FLORENCE COUNTY SCHOOL DISTRICT FIVE, TO PROVIDE THAT THE FLORENCE COUNTY ELECTION COMMISSION SHALL CONDUCT THE ELECTIONS AND TO PROVIDE THAT THE ELECTIONS SHALL OCCUR ON THE FIRST TUESDAY AFTER THE FIRST MONDAY IN NOVEMBER OF EACH YEAR, AND TO PROVIDE FOR THE LOCATIONS WHERE THE ELECTION COMMISSION SHALL CONDUCT THE ELECTION. Rep. BALLENTINE moved that the House do now adjourn, which was agreed to.
The Senate returned to the House with concurrence the following: H. 5215 (Word version) -- Rep. White: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND THE SEVENTH ANNUAL SOUTH CAROLINA EMS MEMORIAL BIKE RIDE TO HONOR THOSE WHO HAVE GIVEN OF THEMSELVES WHILE RENDERING AID TO THE CITIZENS OF SOUTH CAROLINA.
At 12:46 p.m. the House, in accordance with the motion of Rep. TAYLOR, adjourned in memory of Elizabeth "Lisa" Chesser Hosang, to meet at 10:00 a.m. tomorrow.
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