Indicates Matter Stricken
Indicates New Matter
The House assembled at 10:00 A.M.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:
O God our Lord, surely to be found by those who seek You, we are thankful that You lead us into the green pastures and by the still waters of blessings that know no end. Make of us crusaders for a more golden tomorrow. Solemnize us in the consciousness that beyond the appraisal of those around regarding what we say and do here, there falls upon our records the all-seeing eye of Your judgment. Give us, then, the realization that You are our Challenge as well as our Refuge and Strength.
In a sure confidence and a certain faith we pray to our God Who is more ready to hear our prayer than we are to pray. 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 Rep. J. ARTHUR.
After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.
The following was received.
March 19, 1986
TO: Clerk of the Senate
Clerk of the House
FROM: Joint Legislative Committee to Screen
Candidates for Boards of Trustees of
State Colleges and Universities
In compliance with the provisions of Act 119 of 1975, it is respectfully requested that the following information be printed in the Journals of the Senate and the House.
Respectfully submitted,
Eugene C. Stoddard
Chairman
Pursuant to Act 119 of 1975, the Committee has completed the investigation required and respectfully submits its findings to the Members of the General Assembly for consideration.
Upon completion of the investigation and further deliberations, the Committee respectfully submits its findings to the members of the General Assembly for their consideration.
CLEMSON UNIVERSITY--three seats vacant
(four year term)
Bill L. Amick
John J. Britton, M.D.
William N. Geiger, Jr.
B. Marion Smith
Charlie E. Till
Allen P. Wood
SOUTH CAROLINA STATE COLLEGE--three seats vacant
(six year term)
George A. Anderson
Henry W. Brevard
Jacqueline C. Gilmore
Edward C. Keith, M.D.
Barry Naylor
James A. Paschal, Ed.D.
Lathan E. Turner
James Ulmer, III
Charles H. Williams
UNIVERSITY OF SOUTH CAROLINA--eight seats vacant
Judicial Circuits
(four year term)
William S. Hiatt (5th)
William C. Hubbard (5th)
Dorothy Ryall (5th)
WINTHROP COLLEGE--two seats vacant
(six year term)
E.S. (Gene) Gatlin
Robert C. Lake, Jr.
Mary Sue B. McElveen
In view of the fact that the following candidates for election have no opposition and were deemed to be duly qualified after investigation, it was not necessary to hold a public hearing.
THE CITADEL--one seat vacant
(six year term)
George C. James
MEDICAL UNIVERSITY OF SOUTH CAROLINA--six seats vacant
Congressional Districts
(four year term)
(health related)
Harrison L. Peeples, M.D. (1st)
Thomas C. Rowland, Jr., M.D. (2nd)
Stanley C. Baker, Jr., M.D. (3rd)
(non-health related)
Herbert C. Granger (4th)
Walter B. Brown (5th)
Phillip D. Sasser (6th)
UNIVERSITY OF SOUTH CAROLINA--eight seats vacant
Judicial Circuits
(four year term)
Othniel H. Wienges, Jr. (1st)
Samual B. Benson (3rd)
Louis C. Sossamon (7th)
R. Markley Dennis, Sr. (9th)
Michael J. Mungo (11th)
C. Edward Floyd, M.D. (12th)
Paul S. Goldsmith (13th)
This committee has investigated each of the candidates, has conducted public hearings on March 4 and March 11, 1986, and has duly considered the legal qualifications of each of the applicants. Based thereon, the committee finds all of the candidates to be legally qualified as candidates for the boards of trustees.
Respectfully Submitted,
Rep. Eugene C. Stoddard, Chairman
Sen. Elizabeth J. Patterson, Vice-Chairman
Rep. Eugene D. Foxworth, Jr., Secretary
Sen. Addison G. Wilson
Sen. Alexander S. Macaulay
Rep. Daniel E. Martin, Sr.
Sen. Thomas H. Pope, III
Rep. Jennings G. McAbee
Screening before the Joint Legislative Screening Committee to Investigate Candidates for Trustees for Colleges and Universities for The Citadel, Clemson University, Medical University of South Carolina, First, Second, Third Congressional Districts (health related), Fourth, Fifth and Sixth Congressional Districts (non-health related), South Carolina State College, University of South Carolina, First, Third, Fifth, Seventh, Ninth, Eleventh, Twelfth and Thirteenth Judicial Circuits, and Winthrop College, held in Room 433, Blatt Building, Columbia, South Carolina, on Tuesday, March 4, 1986, 10:00 a.m. The second day of the hearing scheduled for Tuesday, March 11, 1986, 10:00 a.m.
Members of the Committee in attendance were:
Representative Eugene C. Stoddard, Chairman
Senator Elizabeth J. Patterson, Vice-Chairman
Representative Eugene D. Foxworth, Jr.,
Secretary
Senator Thomas H. Pope, III
Senator Addison G. Wilson
Representative Daniel E. Martin, Sr.
Representative Stoddard: This morning we, of course, are not completing Clemson or South Carolina State but we are taking Clemson, University of South Carolina, Fifth Circuit, the only circuit we are going to take, and South Carolina State. Next week we will complete Clemson and South Carolina State, and have Winthrop. I would like for, in the essence of time unless you would like to deliberate, just hand us your statement. I believe we already have it for the record. We are first going to start with the Clemson University candidates. If you will step to the microphone, give us your name for the record.
Mr. Amick, you're first, sir, please.
Mr. Amick: My name is Bill Amick.
Representative Stoddard: First, I believe we have to swear you in, Mr. Amick.
Mr. Amick: All right, sir.
Whereupon, Bill L. Amick, being duly sworn and cautioned to speak the truth, the whole truth and nothing but the truth, testifies as follows:
Representative Stoddard: Do you have any health-related problems that the screening committee should be made aware of that would prevent you from serving on the board in a full capacity?
Mr. Amick: No sir.
Representative Stoddard: Considering your present occupation and other activities, would you be able to attend board meetings on a regular basis?
Mr. Amick: Yes sir.
Representative Stoddard: Do you have any interests, professionally or personally, that present a conflict of interest because of your service on the board?
Mr. Amick: I have none.
Representative Stoddard: Do you now hold any public position of honor or trust that, if elected to the board, would cause you to violate the dual office holding clause of the Constitution?
Mr. Amick: No sir.
Representative Stoddard: Thank you, Mr. Amick. Any members have any questions of Mr. Amick? Thank you sir.
Mr. Amick: Thank you.
Mr. Amick's statement is attached. (See Appendix A.)
Representative Stoddard: Dr. Britton, I believe you are next.
Whereupon, John J. Britton, M.D., being duly sworn and cautioned to speak the truth, the whole truth and nothing but the truth, testifies as follows:
Dr. Britton: Dr. J.J. Britton from Sumter, South Carolina.
Representative Stoddard: Do you have any health-related problems that the screening committee should be made aware of that would prevent you from serving on the board in a full capacity?
Dr. Britton: No sir.
Representative Stoddard: Considering your present occupation and other activities, would you be able to attend board meetings on a regular basis?
Dr. Britton: I would.
Representative Stoddard: Do you have any interests, professionally or personally, that present a conflict of interest because of your service on the board?
Dr. Britton: No sir.
Representative Stoddard: Do you now hold any public position of honor or trust that, if elected to the board, would cause you to violate the dual office holding clause of the Constitution?
Dr. Britton: No sir.
Representative Stoddard: Thank you, Dr. Britton. Any questions of Dr. Britton from members of the Committee?
Representative Martin: Mr. Chairman. Are these going to come back up again?
Representative Stoddard: No, this is it unless we decide (inaudible).
Representative Martin: In other words, if we have any questions we ask them now?
Representative Stoddard: Now would be the time to ask questions.
Representative Foxworth: I would like to ask one, and I wish I had asked the first applicant...
Representative Stoddard: I would ask that members use their microphones if you would please.
Representative Foxworth: This is more of a statement and a dream, not a dream, a wish, than it is a question, but I know we've had a lot of trouble at Clemson over the past few years and I hope we are on our way to good management there. I was most impressed with the new president and I hope that you can help him do what he says...put academics before athletics.
Dr. Britton: Thank you. That's my intent.
Representative Foxworth: That is more of a statement than it was a question but I did want to hear you say that. I know Mr. Amick feels the same way.
Representative Stoddard: Thank you, Dr. Britton.
Dr. Britton: Thank you, Mr. Chairman.
Dr. Britton's statement is attached. (See Appendix B.)
Representative Stoddard: The next candidate is Mr. Geiger.
Whereupon, William N. Geiger, Jr., being duly sworn and cautioned to speak the truth, the whole truth and nothing but the truth, testifies as follows:
Representative Stoddard: Mr. Geiger, do you have any health-related problems that the screening committee should be made aware of that would prevent you from serving on the board in a full capacity?
Mr. Geiger: No sir, other than Dr. Britton reminded me that I smoke.
Representative Stoddard: I sympathize with you there. Considering your present occupation and other activities, would you be able to attend board meetings on a regular basis?
Mr. Geiger: Yes sir.
Representative Stoddard: Do you have any interests, professionally or personally, that present a conflict of interest because of your service on the board?
Mr. Geiger: No sir.
Representative Stoddard: Do you now hold any public position of honor or trust that, if elected to the board, would cause you to violate the dual office holding clause of the Constitution?
Mr. Geiger: No sir.
Representative Stoddard: Are there any questions of Mr. Geiger?
Senator Patterson: Mr. Geiger, I see in your letter that you quoted Thomas Huxley. Did you learn about him at Clemson?
Mr. Geiger: No, that was after I graduated. (laughter) I probably should have learned about him.
Representative Foxworth: Pretty hard to ask the question of a man who knows he has got to be sworn in.
Representative Stoddard: Protects both sides. No further questions.
Representative Martin: Are you also committed to academics over athletics as far as...
Mr. Geiger: Yes sir, of course.
Mr. Geiger's statement is attached. (See Appendix C.)
Representative Stoddard: No further questions. Thank you Mr. Geiger. Next candidate is Mr. Smith.
Whereupon, B. Marion Smith, being duly sworn and cautioned to speak the truth, the whole truth and nothing but the truth, testifies as follows:
Mr. Smith: I am Marion Smith from Columbia, South Carolina.
Representative Stoddard: Do you have any health-related problems that the screening committee should be made aware of that would prevent you from serving on the board in a full capacity?
Mr. Smith: I don't.
Representative Stoddard: Considering your present occupation and other activities, would you be able to attend board meetings on a regular basis?
Mr. Smith: I will.
Representative Stoddard: Do you have any interests, professionally or personally, that present a conflict of interest because of your service on the board?
Mr. Smith: Not to my knowledge.
Representative Stoddard: Do you now hold any public position of honor or trust that, if elected to the board, would cause you to violate the dual office holding clause of the Constitution?
Mr. Smith: I don't.
Representative Stoddard: Any questions of Mr. Smith?
Representative Martin: Mr. Smith, would you have as a priority academics over athletics if you were to become a member of the Board?
Mr. Smith: I certainly would, I think that is the reason for Clemson being there. But I would say that I hope that they excel in athletics but academics is the purpose for the institution.
Mr. Smith's statement is attached. (See Appendix D.)
Representative Stoddard: Any other questions? Thank you Mr. Smith. Our next candidate is Mr. Till.
Whereupon, Charlie E. Till, being duly sworn and cautioned to speak the truth, the whole truth and nothing but the truth, testifies as follows:
Mr. Till: Charlie Till from near Walterboro, if I said Williams you would all be lost. And I'm last again, as always.
Representative Stoddard: Mr. Till, do you have any health-related problems that the screening committee should be made aware of that would prevent you from serving on the board in a full capacity?
Mr. Till: I do not.
Representative Stoddard: Considering your present occupation and other activities, would you be able to attend board meetings on a regular basis?
Mr. Till: Yes sir, I would.
Representative Stoddard: Do you have any interests, professionally or personally, that present a conflict of interest because of your service on the board?
Mr. Till: I do not.
Representative Stoddard: Do you now hold any public position of honor or trust that, if elected to the board, would cause you to violate the dual office holding clause of the Constitution?
Mr. Till: No.
Representative Stoddard: Any questions of Mr. Till? Thank you Mr. Till.
Mr. Till: Thank you.
Mr. Till's statement is attached. (See Appendix E.)
Representative Stoddard: Next we will proceed with the University of South Carolina, Fifth Judicial Circuit. Our first candidate is Mrs. Dorothy Ryall.
Whereupon, Dorothy W. Ryall, being duly sworn and cautioned to speak the truth, the whole truth and nothing but the truth, testifies as follows:
Mrs. Ryall: My name is Dot Ryall. I reside in Columbia.
Representative Stoddard: Please, Mrs. Ryall, do you have any health-related problems that the screening committee should be made aware of that would prevent you from serving on the board in a full capacity?
Mrs. Ryall: No, I do not.
Representative Stoddard: Considering your present occupation and other activities, would you be able to attend board meetings on a regular basis?
Mrs. Ryall: Yes, I would.
Representative Stoddard: Do you have any interests, professionally or personally, that present a conflict of interest because of your service on the board?
Mrs. Ryall: No, I do not.
Representative Stoddard: Do you now hold any public position of honor or trust that, if elected to the board, would cause you to violate the dual office holding clause of the Constitution?
Mrs. Ryall: No.
Representative Stoddard: Thank you. Any questions of Mrs. Ryall. Thank you, Mrs. Ryall.
Mrs. Ryall's statement is attached. (See Appendix F.)
Representative Stoddard: Mr. Hiatt.
Whereupon, William S. Hiatt, being duly sworn and cautioned to speak the truth, the whole truth and nothing but the truth, testifies as follows:
Mr. Hiatt: Bill Hiatt...resident of Columbia.
Representative Stoddard: Mr. Hiatt, do you have any health-related problems that the screening committee should be made aware of that would prevent you from serving on the board in a full capacity?
Mr. Hiatt: I do not.
Representative Stoddard: Considering your present occupation and other activities, would you be able to attend board meetings on a regular basis?
Mr. Hiatt: Yes.
Representative Stoddard: Do you have any interests, professionally or personally, that present a conflict of interest because of your service on the board?
Mr. Hiatt: No.
Representative Stoddard: Do you now hold any public position of honor or trust that, if elected to the board, would cause you to violate the dual office holding clause of the Constitution?
Mr. Hiatt: No.
Representative Stoddard: Any questions? Mr. Hiatt.
Mr. Hiatt: I wonder if I could have just a couple of minutes to kinda tell you gentlemen a little about state of the art electronics. My campaign here is to become the advocator for the engineering schools at the University. And I brought some material here to demonstrate to you people some of the state of the art electronics if you have a couple of minutes.
Representative Stoddard: The Committee certainly does not object, yes sir, we'll give you two minutes.
Mr. Hiatt: OK. (distributed card showing microchip) Here is a card that shows a picture of some of this new state of the art electronics. Two hundred thousand transitors on this little chip. I saw an article in the paper yesterday but I did not see our corporation and the work they are doing with them. This is a picture of that chip. This is all the electronics on there. I have a son who graduated from U.S.C. in chemical engineering. He works for Motorola Corporation and he manufactures these things. There is no place in the state of South Carolina where he could get employment. This technology doesn't exist in the State. And another thing, this is just quick just to show you my interest, I am concerned with the University and working with the Industrial Development Board in trying to get this new high technology industry into the State and help the University have a school here that will help attract that type of industry. Any questions?
Representative Foxworth: Yes...I can't read it fast enough. Where were you born Mr. Hiatt?
Mr. Hiatt: I was born in Georgia.
Representative Foxworth: And you went to school at the Naval Academy, I notice...three years. Then where did you go...S.M.U...is that where you got your bachelor's?
Mr. Hiatt: That's where I got my bachelor, and got my master's out of Rawlings College in Florida. Moved here about twelve years ago.
Representative Foxworth: And what have you done in the meantime? I really haven't had time to go through this, we just got these this morning. What did you do after you graduated from college?
Mr. Hiatt: I got directly into this business with Texas Instruments Corporation right out of college and have been in this business for the last thirty years.
Representative Stoddard: What years were you at the Naval Academy?
Mr. Hiatt: Fifty-one through fifty-four and I got married about a year and a half before graduation and they found out I was married and that was the end of my Navy career.
Representative Stoddard: Terrible that they would infringe on such things.
Representative Foxworth: They used to didn't let them get married for three years afterward. I think that was a good idea.
Mr. Hiatt: It is absolutely funny to me to a degree. My roommates at the Naval Academy they all advised me against this and now one of them is on his third wife, another on his second, I'm still married to the same girl.
Representative Foxworth: Was Jimmy Carter in your class?
Mr. Hiatt: No, No.
Representative Foxworth: I know he's on number one.
Mr. Hiatt: I think he is a few years older than me, not too many.
Representative Stoddard: Any further questions?
Representative Martin: Did I understand you to say that you are with this company?
Mr. Hiatt: I am with Motorola Corporation, yes sir.
Representative Martin: If you were to get on the board, would you advocate that the school subscribe to this company?
Mr. Hiatt: Not really, I'm available to work with the schools, in fact, we even publish a policy which I have been working on for years to help the universities learn this new technology. We are in a research and development stage that doesn't exist in schools and you have to keep the schools on the edge of the technology. Here is a listing of courses we have that professors can attend to keep them at the edge of the state of the technology. A very difficult job to stay at the edge.
Representative Stoddard: No further questions, Mr. Hiatt.
Mr. Hiatt: Thank you.
Mr. Hiatt's statement is attached. (See Appendix G.)
Representative Stoddard: Next candidate is Mr. Hubbard.
Whereupon, William C. Hubbard, being duly sworn and cautioned to speak the truth, the whole truth and nothing but the truth, testifies as follows:
Mr. Hubbard: My name is William Hubbard.
Representative Stoddard: Mr. Hubbard, do you have any health-related problems that the screening committee should be made aware of that would prevent you from serving on the board in a full capacity?
Mr. Hubbard: No sir.
Representative Stoddard: Considering your present occupation and other activities, would you be able to attend board meetings on a regular basis?
Mr. Hubbard: Yes sir.
Representative Stoddard: Do you have any interests, professionally or personally, that present a conflict of interest because of your service on the board?
Mr. Hubbard: No sir.
Representative Stoddard: Do you now hold any public position of honor or trust that, if elected to the board, would cause you to violate the dual office holding clause of the Constitution?
Mr. Hubbard: No sir.
Representative Stoddard: Any questions of Mr. Hubbard?
Representative Foxworth: Tell me what magna cum laude means. I don't think they have it up at Clemson either so I don't know why those guys are laughing. Tell me what it means.
Mr. Hubbard: I think at the time it meant you graduated from Carolina with a 3.7 or 3.75. I think the standard has changed or the grading scale has changed but at that time...
Representative Foxworth: There is only...the honor graduates are the only one higher?
Mr. Hubbard: Sir?
Representative Foxworth: The honor graduate is the only one that they honor higher?
Senator Patterson: Summa cum laude.
Mr. Hubbard: Summa cum laude would be the one higher, yes sir.
Representative Stoddard: What do you call that last graduate that barely got by?
Mr. Hubbard: Thank God Almighty, I believe.
Representative Stoddard: Any further questions? Thank you, Mr. Hubbard.
Mr. Hubbard: Thank you, Mr. Stoddard.
Mr. Hubbard's statement is attached. (See Appendix H.)
Representative Stoddard: That completes I believe the Clemson, I mean the Carolina candidates... excuse me. Next we have the South Carolina State College candidates. First is Mrs. Gilmore.
Whereupon, Jacqueline C. Gilmore, being duly sworn and cautioned to speak the truth, the whole truth and nothing but the truth, testifies as follows:
Mrs. Gilmore: My name is Jacqueline C. Gilmore.
Representative Stoddard: Mrs. Gilmore, do you have any health-related problems that the screening committee should be made aware of that would prevent you from serving on the board in a full capacity?
Mrs. Gilmore: No sir.
Representative Stoddard: Considering your present occupation and other activities, would you be able to attend board meetings on a regular basis?
Mrs. Gilmore: Yes, I'll do that.
Representative Stoddard: Do you have any interests, professionally or personally, that present a conflict of interest because of your service on the board?
Mrs. Gilmore: No, I do not.
Representative Stoddard: Do you now hold any public position of honor or trust that, if elected to the board, would cause you to violate the dual office holding clause of the Constitution?
Mrs. Gilmore: No, I do not.
Representative Stoddard: Any questions of Mrs. Gilmore?
Senator Patterson: Mrs. Gilmore, don't you have a son now attending South Carolina State College.
Mrs. Gilmore: Yes, I have a freshman son who is doing well academically and in the sports arena... but academics first.
Representative Foxworth: Did we just lose Dr. Nance or is he...he is retiring isn't he?
Mrs. Gilmore: He is currently retiring and we are in the process of searching for a new president.
Representative Foxworth: And you're on the board, so you..
Mrs. Gilmore: Yes, I am, and on the search committee.
Representative Foxworth: I didn't think to ask those others...I hope...do you ask questions when you interview these candidates for office...
Mrs. Gilmore: Yes, I do...
Representative Foxworth: Do you ask them specifically their intentions or ambitions in politics?
Mrs. Gilmore: Yes.
Mrs. Gilmore's statement is attached. (See Appendix I.)
Representative Foxworth: Good.
Representative Stoddard: Thank you, Mrs. Gilmore. Mr. Anderson, I believe, is next.
Whereupon, George A. Anderson, being duly sworn and cautioned to speak the truth, the whole truth and nothing but the truth, testifies as follows:
Representative Stoddard: Mr. Anderson, do you have any health-related problems that the screening committee should be made aware of that would prevent you from serving on the board in a full capacity?
Mr. Anderson: No sir.
Representative Stoddard: Considering your present occupation and other activities, would you be able to attend board meetings on a regular basis?
Mr. Anderson: Yes sir.
Representative Stoddard: Do you have any interests, professionally or personally, that present a conflict of interest because of your service on the board?
Mr. Anderson: None that I know of, sir.
Representative Stoddard: Do you now hold any public position of honor or trust that, if elected to the board, would cause you to violate the dual office holding clause of the Constitution?
Mr. Anderson: None that I know of, sir.
Representative Stoddard: Any questions of Mr. Anderson? Mr. Martin.
Representative Martin: Mr. Anderson, since your graduation from South Carolina State College, have you been serving the school in an alumni capacity?
Mr. Anderson: Yes sir, I've maintained my contact with the South Carolina State College administration and staff. I presently serve as Chairman of the Education Foundation Board and have been for a number of years.
Representative Martin: You are a practicing attorney?
Mr. Anderson: Yes sir, I've been practicing in Aiken since my graduation from State.
Representative Martin: And if you were to get... become a member of the board you won't have any problem attending...
Mr. Anderson: No sir, I don't expect any problems.
Mr. Anderson's statement is attached. (See Appendix J.)
Representative Stoddard: Thank you, Mr. Anderson. Mr. Brevard.
Whereupon, Henry W. Brevard, being duly sworn and cautioned to speak the truth, the whole truth and nothing but the truth, testifies as follows:
Mr. Brevard: I'm Henry W. Brevard.
Representative Stoddard: Mr. Brevard, do you have any health-related problems that the screening committee should be made aware of that would prevent you from serving on the board in a full capacity?
Mr. Brevard: I do not.
Representative Stoddard: Considering your present occupation and other activities, would you be able to attend board meetings on a regular basis?
Mr. Brevard: Yes sir, I would.
Representative Stoddard: Do you have any interests, professionally or personally, that present a conflict of interest because of your service on the board?
Mr. Brevard: I do not.
Representative Stoddard: Do you now hold any public position of honor or trust that, if elected to the board, would cause you to violate the dual office holding clause of the Constitution?
Mr. Brevard: I do not.
Representative Stoddard: Any questions of Mr. Brevard?
Senator Patterson: I notice that under your community affiliations that you've been on, or are a member of Moncks Corner Town Council?
Mr. Brevard: Yes, I am.
Representative Stoddard: Are you aware of the strong possibility if not certainty that if elected to the board you couldn't serve on both, that would be dual office holding?
Mr. Brevard: I was not aware of that, Representative Stoddard.
Representative Stoddard: Of course you can get someone to seek a ruling from the Attorney General's Office, but it has always been, with certainty I might say, Senator Pope do you agree?...a very strong possibility...
Senator Wilson: I will be glad, Mr. Chairman, to make that inquiry.
Representative Stoddard: If you will make that inquiry on his behalf.
Senator Wilson: The reason...I did this recently on behalf of a city councilman in my district for another position so they are used to me calling.
Mr. Brevard: OK, thank you.
Representative Stoddard: I just wanted you to be aware of that.
Mr. Brevard: Thank you.
Representative Stoddard: Any questions of Mr. Brevard?
Representative Martin: If the ruling should be as expected, that is that it would be dual office holding, are you in a position to make a determination as to which you would choose?
Mr. Brevard: I already know which one I would choose. I would resign from Council. It is very important to me to serve South Carolina State in this capacity.
Representative Stoddard: In that case I think it is a moot issue. I thought you might have that feeling.
Mr. Brevard: Thank you.
Mr. Brevard's statement is attached. (See Appendix K.)
Representative Stoddard: No further questions. Dr. Keith.
Whereupon, Edward C. Keith, M.D., being duly sworn and cautioned to speak the truth, the whole truth and nothing but the truth, testifies as follows:
Dr. Keith: My name is Dr. Edward Keith, and I am a resident of Manning.
Representative Stoddard: Dr. Keith, do you have any health-related problems that the screening committee should be made aware of that would prevent you from serving on the board in a full capacity?
Dr. Keith: No, I don't.
Representative Stoddard: Considering your present occupation and other activities, would you be able to attend board meetings on a regular basis?
Dr. Keith: Yes, with pleasure.
Representative Stoddard: Do you have any interests, professionally or personally, that present a conflict of interest because of your service on the board?
Dr. Keith: No I don't.
Representative Stoddard: Do you now hold any public position of honor or trust that, if elected to the board, would cause you to violate the dual office holding clause of the Constitution?
Dr. Keith: No I do not.
Representative Stoddard: Any questions of Dr. Keith?
Senator Patterson: Dr. Keith, I'm curious...on your driver's license pending. It is unusual for a doctor not to have one.
Dr. Keith: No. To get a driver's license in South Carolina you have to get your car registered in South Carolina. The only thing that was holding it up was the registration of my automobile in South Carolina.
Senator Patterson: So you have just moved back?
Dr. Keith: I moved back in December. It was a planned move.
Representative Stoddard: Any further questions?
Representative Foxworth: Where were you born, Doctor?
Dr. Keith: In Manning...Manning Memorial Hospital. My mother says it was the hottest day in June.
Representative Stoddard: Any other questions of Dr. Keith? Thank you Doctor.
Dr. Keith: Thank you.
Dr. Keith's statement is attached. (See Appendix L.)
Representative Stoddard: The next I believe is Mr. Naylor.
Whereupon, Barry Naylor, being duly sworn and cautioned to speak the truth, the whole truth and nothing but the truth, testifies as follows:
Representative Stoddard: Mr. Naylor, do you have any health-related problems that the screening committee should be made aware of that would prevent you from serving on the board in a full capacity?
Mr. Naylor: None that I am aware of.
Representative Stoddard: Considering your present occupation and other activities, would you be able to attend board meetings on a regular basis?
Mr. Naylor: Yes sir.
Representative Stoddard: Do you have any interests, professionally or personally, that present a conflict of interest because of your service on the board?
Mr. Naylor: No sir, with an explanation. I am Chairman of the Board and CEO of a computer company, NAYCO Computer Systems, and we do sell to governmental agencies on a competitive basis not on sole source basis. If the problem did arise, we would refrain from selling to South Carolina State College any computer equipment and/or supplies.
Representative Stoddard: Do you now hold any public position of honor or trust that, if elected to the board, would cause you to violate the dual office holding clause of the Constitution?
Mr. Naylor: None that I am aware of.
Representative Stoddard: Any questions of Mr. Naylor? No questions. Thank you sir.
Mr. Naylor: Thank you.
Mr. Naylor's statement is attached. (See Appendix M.)
Senator Wilson: Mr. Chairman, I would like to make a comment that Representative Foxworth just whispered in my ear and that is that all of these people appear to be well qualified and this makes me feel a lot better this year than last year when I was exceedingly concerned about some of the people who were applying. I think this is just great to see the type of people who are applying for these different boards today.
Representative Stoddard: I have to agree with you Senator Wilson and, of course you know we always look to the future for only therein lies hope. Appreciate all of you coming. The hearing is over for today. I believe Senator Pope has a motion and the Committee has some reports to look over for the meeting next week and since we have the time I thought we'd use that. So, Mr. Pope.
Senator Pope: Mr. Chairman, I would move that after we have completed all the screening for today, we go into executive session to consider some things for next week.
Representative Stoddard: All in favor, say aye.... opposed, no. The ayes have it. Thank you for coming. We would ask all of you to please vacate.
Attachments--Appendices A-M
Submitted by Bill Amick
March 4, 1986
Mr. Chairman,
Distinguished Members,
My name is Bill Amick and I am grateful for this opportunity to testify before the Committee to Screen Candidates for Boards of Trustees of State Colleges and Universities.
For the past three years, I have been serving an unexpired term on the Clemson University Board of Trustees. I wish I could tell you now that, during those years, I never made a mistake, never spoke in haste or never erred in judgment. But that would miss the truth by a long shot.
However, I can tell you sincerely that I love Clemson; I have a firm belief that those of us who serve on the Board are stewards of a great tradition, building toward an even greater future; and I have always kept the ideal of excellence for Clemson's future foremost in my mind.
Over the past three years, I have learned a great deal about the complexity of directing policy for a major university, and I have gained new insight into the importance of listening to wise counsel. But most of all, I have grown an even more profound respect for the process, for the Legislative process by which trustees are selected.
In dealing with members of this Committee and many others throughout the General Assembly, I have found patience, understanding, wisdom and a clear commitment to the highest ideals of public service. For that reason, I would like the record to show my gratitude to the members of this General Assembly for their confidence in my ability to accomplish a difficult and important task. After all, the most basic definition of the word trustee is one in whom trust can be placed. And I have worked hard to be worthy of your trust.
At the same time, I have also worked to make a contribution in a very special area that has always been a central part of the life of Clemson University. That area is agriculture.
I think all of us agree that agriculture deserves representation on the Clemson Board, and I am an active agriculturist. That's a fancy way of saying that I'm a full-time chicken farmer.
As a farmer, I have felt a special obligation to represent the agricultural perspective in the actions and the deliberations of the Clemson Board.
For all these reasons, I have offered my candidacy for re-election to the Clemson University Board of Trustees. In seeking re-election, I am also asking for the continued support and confidence of the members of the General Assembly who have given me this honor and this opportunity to serve.
In return for your support, I can only promise to give Clemson University and the citizens of South Carolina the very best service that I have the capacity to give. That I can promise. And that I do pledge.
Thank you.
I have a continuing interest in higher education in the State of South Carolina. Service on the Clemson University Board of Trustees during the past four years has been both challenging and rewarding. Under the leadership of a new president, Dr. Max Lennon, Clemson University has a bright future. I would like to continue my board service for a second term.
John J. Britton
March 4, 1986
Statement by William N. Geiger, Jr.
TO: Members of the State Colleges and Universities
Screening Committee
Mr. Chairman and Members of the State Colleges and Universities Screening Committee:
I am here again today to seek the Screening Committee's approval of my candidacy for continuing service as a Trustee of Clemson University, having been elected to my first term in 1977.
To paraphrase Thomas Huxley, I believe the only medicine for suffering, crime, and all the other ills of mankind is wisdom gained through education.
As a 1957 Clemson graduate, I feel a personal commitment to give back to the University and to all the young people of our state, an opportunity to gain as much from their college experience as I did.
During my service on the Clemson Board I have demonstrated an understanding of the issues facing the State and the University and have acted, along with my fellow Trustees, in a manner that brings credit to the University community as well as to all the citizens of South Carolina.
I believe, that the future of our state depends solely on the education of our young people and I request your help in allowing me to continue to serve.
Thank you!
I am B. Marion Smith, Jr. from Columbia, S.C. and a candidate for the Clemson University Board of Trustees.
I was born in Edgefield County on September 4, 1931. I attended Trenton schools and graduated from Porter Military Academy in Charleston in 1949. I received a B.S. degree in Agricultural Engineering from Clemson University in 1954. While at Clemson, I worked in the Agricultural Engineering Department my junior and senior years in small grain and cotton research projects. I served as an officer in the armed forces in Europe from 1954-56. I farmed in partnership with my father from 1956 to September, 1958. I was named the Edgefield County Young Farmer of the Year in 1957. I am married to the former Ann Ready of Columbia and we have three children and two grandchildren.
I joined SCE&G in the fall of 1958 as an Agricultural Engineer. From 1958-65 my duties were in agricultural and industrial development activities. In 1965 I was named the Governmental Representative for SCE&G and worked very closely with the General Assembly, county and municipal officials and other units of government until 1980. Since 1980, I have had extensive experience in Marketing, District Operations, Agricultural/ Industrial Development and Corporate Development. During this time I have been responsible for large numbers of employees and multi-million dollar projects. My organizational and administrative abilities have been strengthened during this process. Presently I am Senior Vice President of Corporate and Industrial Development. Because of my experience in business and my governmental background, I feel that I am highly qualified for this position.
Since my graduation, I have had a strong desire to be of service to Clemson University in ways other than just as an alumnus. My agricultural background and political and business experience would enable me to communicate effectively within the decision-making process and my current responsibilities and work schedule would allow me the time to serve. In my professional career, I have become more aware of the need of quality education in order for the people of our state to move forward. I would like to be a part of Clemson University's continuing tradition of excellence.
My first goal would be to work with other Board members, the University administration and alumni to promote Clemson University. I think Clemson University has a role to play on a state as well as national level, and I would like to be a part of this exciting future for Clemson University.
Route 1
Ruffin, S.C. 29475
February 27, 1986
Mr. Eugene C. Stoddard
Chairman, Screening Committee
Committee to Screen Candidates for Boards of
Trustees of State Colleges and Universities
P.0. Box 11867
Columbia, South Carolina 29211
Dear Mr. Stoddard:
Clemson has come a long way academically and athletically, of this progress I am proud.
I would like to be a Trustee of this institution to see if, in my small way, something could be contributed to further excellence.
Sincerely,
Charlie E. Till
My name is Dot Ryall. I live at 317 Southlake Road, Columbia, South Carolina. I would very much like to serve on the Board of Trustees of the University of South Carolina. Let me tell you some of my experiences and why I know that I could serve this State well as a Trustee at this fine institution.
First, I am a wife and mother. My husband, Hugh, is in real estate in Columbia. We have a son, Jon, who is a young professional in business with his father. Our daughter, Jodi, graduated from college this past December and is an associate programmer with South Carolina Electric and Gas. Both of our children are Clemson tigers. We are fortunate in this state to have two fine universities. I am a graduate of the University of South Carolina with a Bachelor of Arts degree in Education. Our children chose Clemson University because it is a fine University and they wished to go away to school. I am a native of South Carolina, but moved away after college. My husband is from Grosse Pointe, Michigan and we lived for many years in Grosse Pointe and Lansing, with a three year stay in Miami, Florida.
As a family and as individuals we have always felt a strong commitment to our community and to our State. We believe that we should put our efforts and talents back into the state and city where we earn our living. I have no political motive in seeking this seat. I have heard time and time again that this position of Trustee is highly political and is sought after in the strongest political manner. I have not entered into this political contest. I come to you strictly on my experience and capabilities.
Your by-laws state: "In electing members of the Board, the General Assembly shall elect members based on merit regardless of race, color, creed or gender and shall strive to assure that the membership of its Board is representative of all citizens of the State of South Carolina." I find it interesting that the Board of Trustees of the University of South Carolina has one elected female and one appointed female. Is this because women have not sought this office? Well, I am seeking this seat and am affording you the opportunity to elect another female to the Board of Trustees of the University of South Carolina.
I have a long and excellent record of achievement in many areas. My first community involvement was in the early 60's when, as a young mother, I took on the chairmanship of a fund raiser to benefit the Detroit Symphony Orchestra. This one evening event raised five thousand dollars, which at that time was the largest organizational fund-raiser to date for the arts in Detroit, Michigan. During these early years my active involvements were concentrated around the children and their activities. Always a room mother, cub scout leader, brownie leader, chairman of Parent/School groups and their representative to the school board. I volunteered to take drug abuse programs into the public schools. I was instrumental in starting the docent programs for museums and the formation of surgical lounges in our hospitals. We are, and always have been, a church, school and community oriented family. We have had long and pleasant associations with universities in the cities where we lived. Two examples would be opening our home to a blind graduate student, who lived with our family, and sharing our home with a foreign student from Rhodesia.
We moved to Columbia a little over ten years ago and believe we are now HOME. We did not wait for people to knock on our door, but went out to meet our community and state.
I am not a "working" woman, but when I now share with you about my past ten years in Columbia you will see that my "working hours" sometimes surpass the working hours of those in the paid professional world.
I will start with church. Most of my adult life I have and am now a church school teacher. We and five other couples started a mission in northeast Columbia. For over two years we held the mid-week service in our home. On Sunday we would meet at various schools in the area. The mission became a church in 1982 and is now operating two services on Sunday morning with a membership in excess of four hundred people. This was a wonderful experience for us. The Lord "birthed" the church and gave all of us the opportunity to help.
I now submit to you a list of my involvements and accomplishments: I introduced the first "Designer Showhouse" to Columbia in 1978 to benefit the then Columbia Philharmonic Orchestra and raised thirty-six thousand dollars at this first introduction. This project has grown to be the largest organizational fund-raiser for the orchestra and uses hundreds of volunteers with thousands of donated manhours. The fifth Designer Showhouse will be presented in October of this year as this project has become a tradition. I also introduced the "Encore Shop" (a giant sale with merchandise contributed by individuals and businesses) which benefits the Women's Symphony Association. I have served on the Board of the WSA for many years. I have also served on the Board of Directors of the Historic Columbia Foundation and care tremendously about preserving our heritage for future generations. I am well respected in our business community and have served on many committees and boards with Columbia's corporate leaders.
I am a member of the Columbia Museum of Arts and have worked on their membership drives. I was instrumental in the organizing and presenting of "Spoleto in the Midlands."
I have been a member of the Junior League for many years and am a member of the Junior League of Columbia and have been the invited speaker on Community Involvement for their Provisional classes for the last two years. I was co-chairman of the Columbia Mall Gala Grand Opening. I have worked for the Babcock Center as a spokesman for fund raising. I am a charter member of the Board of Directors, Children's Hospital at Richland Memorial and am chairman of their public relations. I also am chairman of public relations for Children's Hospital's Miracle Network Telethon, which takes place in June of every year. I am a member of Champions Auxiliary of Children's Hospital and am chairman of the Speakers Bureau for Children's Hospital. As chairman of the Speakers Bureau I talk to civic and service clubs throughout the county. I am on Rich's Advisory Board and the J. B. White Fashion Board. My interests also include the Evening Music Club, my garden club, book club and Bible study group.
I am a charter member of the Board of Directors of the P.S.O.A. which is the parent organization for the S.C.P.O., the South Carolina Chamber Orchestra, the South Carolina Youth Orchestra, and the South Carolina Pops Concerts. I lead their corporate fund drive in 1984, which covered the largest budget in the history of the orchestra, and we met our goal. I am an advisor, fund-raiser and promoter for the Palmetto Master Singers. I am the public relations chairman for special events for the March of Dimes and the American Cancer Society, and presently have two television promotions running for these organizations. I was on Mayor Finlay's "fact finding" committee that visited art councils in North and South Carolina, and served on the steering committee for the formation of the Cultural Council of Richland and Lexington Counties. I am a charter member of the Board of Directors of the Cultural Council and serve on their corporate fund drive and the public relations committee, which publishes the Cultural Calendar for these two counties as part of their responsibilities.
I am a charter member of the Board of Directors of the Advisory Board to the University of South Carolina Coliseum. I am also a charter member of the Board of Directors of the Carolina Concert Series and serve as chairman of their public relations committee. I might add that the Carolina Concert Series has done more to introduce families to the arts than any other cultural series. I was a speaker and worker for the Ira and Nancy Koger Arts Center.
In 1985 I was named one of Columbia's Ten Best Dressed women by the March of Dimes. I mention this only because the award was based upon individual achievement and contributions to our city and state. I am a patron of Columbia's Bicentennial and advisor to bicentennial committees. I was recognized by Dr. Arpad Daraz of the University of South Carolina on February 14, 1986, at the Spring Valley Rotary Club as the woman who has done the most to promote the arts -- in Columbia. I was chairman of the "Visiting Shops Benefit" at the Lace House for the Governors Mansion Foundation and the W.S.A. in 1984. I am writer and director of television promotions, public service announcements and press conferences for many of the above mentioned organizations and have worked with such guests as Helen Hayes, Henry Mancini, James Brady and the music group "Alabama" to mention but a few.
I am an ardent supporter of the University of South Carolina and never hesitate to speak on its behalf. I know of the many contributions the University gives to our city and state in the way of time, talent, shared facilities and equipment, expertise, etc. We would not be where we are today if it were not for the University of South Carolina. Not only has the University gained world wide recognition for its many programs, it has contributed greatly to our state's growth, both economically, culturally, and educationally.
I am not a lawyer, nor a doctor or an automobile dealer, or a Realtor-developer,--all of these are important to the Board of Trustees. I am a mother and who cares more about our University students and our University than a mother.
I believe in higher education, moral standards, and I believe in our young people. I enjoy new experiences, new challenges and the opportunity to learn and share new ideas with others. I have a great deal of energy and I believe I can direct this energy to serving you and the public as a member of the Board of Trustees of the University of South Carolina. This State and community has trained me well and I would like the opportunity to give back some of what you all have given me.
Should you decide to elect me to the University of South Carolina's Board of Trustees, I will serve you with dedication, a great deal of pride and a deep sense of commitment.
Thank You.
Dorothy W. Ryall
As we know, the world has moved into a new era of ever changing high technology--I live and work in this "State of the Art" world. The majority of products I deal in did not exist five years ago. Some products are still in research and development with future introduction dates. The explosion of technology has left a real burden on the educational institutions everywhere. I feel that I can help the University in this ever expanding technology arena. I would like to become a trustee at the University and serve as the "Advocator" for the Science, Mathematics, and Engineering Schools. To me this "Advocator" may on occasions need to make himself available to the South Carolina Industrial Development Board to work with them as they strive to bring into our state new high technology industry. I feel that some new high technology industries may have passed us by in favor of areas with educational institutions better known for their advanced engineering efforts and graduate programs. When we talk about industry, let's not forget those that have already made a commitment to South Carolina. Many of these commitments were made years ago. Some of this industry is today finding the new technology passing them by. These companies need help in order to be competitive in this new world. With proper guidance, the University of South Carolina can meet this challenge.
Do not think my comments negative. Dr. James Holderman has done a magnificent job putting the University on the map of world colleges. I do feel however, that the Science, Mathematics, and Engineering Schools have an even greater potential. I would like to be a part of this advancement. I would like to become a trustee.
No, I do not have a conflict of interest in this matter. I do have a direct interest in the industry that is here and yet to come.
Respectfully Submitted,
William Shirley Hiatt
Since attending the University of South Carolina as a Solomon Blatt Carolina Scholar, I have sought to repay Carolina for the opportunities that it provided me. The quality of instruction, the friends that were made, and the extracurricular activities gave me a solid background for my future. Any personal or professional success that I have enjoyed or might obtain is largely due to the background received and values instilled at the University.
For these reasons, when I learned that there might be an opportunity for me to serve the University and State of South Carolina through a position on the USC Board of Trustees, I decided to pursue that position. I have concluded that service on the USC Board provides an unparalleled opportunity to give back some of which I have been privileged to enjoy as a citizen of South Carolina and a graduate of its University.
The State of South Carolina is at an important juncture in its rich heritage. The time is now to seize the opportunity to become a leader in the South and thus, the nation. Our resources, the greatest of which are our people, provide us with the opportunity to bring South Carolina to the forefront. We must not let this opportunity pass, yet we must be vigilant to maintain the traditions of compassion, integrity, sensitivity, and hard work that set us apart. The University of South Carolina can play a major role in providing the leadership and expertise necessary to bring new development and new opportunities to South Carolina, while preserving the values that we all hold so dear.
Though our future is bright, we do not enjoy unlimited resources. To provide the leadership that the State of South Carolina needs, the University of South Carolina must continue to make efficient use of the dollars that are allocated to it by the people through their General Assembly. We must continue to be innovative in our management and watchful of inefficiency and duplicity. Our mission is too important for us not to be the best that we can be. Though great strides have been made in the area of private support, we must work harder to supplement state appropriations to make the University a truly great institution of higher learning. The University of South Carolina deserves to be recognized as one of the great universities of this country. To fulfill that mission, we must find and develop previously untapped sources of revenue from alumni, friends, and businesses.
Great progress has been made in the recent history of the University. Much remains to be done; but with continued strong leadership, greater support, hard work, and determination by all of us, we can and we shall be a preeminent state university and an institution capable of leading our State into the future.
I sincerely appreciate this Committee's consideration of my candidacy for the Board of Trustees of the University of South Carolina for the Fifth Judicial Circuit. I also wish to extend my deepest appreciation to all the members of the General Assembly for the many courtesies extended to me during the course of my campaign for this honored position.
505 North Briarwood Road
Spartanburg, South Carolina 29301
February 25, 1986
The Honorable Eugene C. Stoddard, Chairman
Committee to Screen Candidates for Boards of
Trustees of State Colleges and Universities
Dear Chairman Stoddard:
This is to acknowledge your letter requesting a written statement of my proposed testimony before the Screening Committee as required by Act 119 of 1975.
For the past six years, I have enjoyed serving on the Board, and I feel that I have made a substantial contribution to the growth and development of the College's program. During this period, many crucial issues have surfaced, and I am pleased to say that I have been able to guide the deliberations so that the best interest of the College prevailed.
Although, I felt that the Board has made significant progress in assisting the College in the past; however, as the College approaches the twenty-first century it is going to require a board that is academically qualified, sensitive to relevant issues, courageous enough to make hard decisions, and sufficiently dynamic to cope with the exigencies of the future. I welcome the challenges that the Board is going to face in the future, and I would be most pleased to serve on it. Not only would I enjoy serving on the Board, but I think that I will bring to the Board experience, expertise, and dedication which would make my tenure a labor of love.
I wish to express my deep appreciation to Governor Riley and the Members of the South Carolina Legislature for their staunch support in the past, and ask them on my behalf for their continued support in the future.
I am looking forward to seeing you on March 4, 1986, at 10:00 a.m. This is the time that has been set for a public hearing for all board candidates.
Again, your support is greatly appreciated.
Sincerely yours,
Jacqueline C. Gilmore
Mr. Chairman, Members of this Committee:
Thank you for the opportunity to appear before this Committee to screen candidates for appointment to the South Carolina State College Board of Trustees. It is always a pleasure for me to appear before any Committees of this great General Assembly. As you know, I have offered my services and candidacy to serve as a member of the South Carolina State College Board of Trustees which is the institution from which I received the major portion of my educational background after graduating from Schofield High School in Aiken, South Carolina. I attended South Carolina State between 1958-1965 when I received my Bachelor of Laws degree. Since that time, I have been practicing in Aiken, South Carolina.
During the years since my graduation, I have maintained continual contact with the administration and staff of South Carolina State where I presently serve as Chairman of the South Carolina State College Educational Foundation Board. I am also active in various alumni affairs which support the institution.
There is a need for the continuation of strong leadership from the level of the Board of Trustees, and while I have also matriculated at Tuskegee Institute in Alabama, the University of South Carolina here in Columbia, Temple University in Philadelphia, and the University of Georgia in Athens, I cherish the thought of being able to give of my time and expertise as a member of the Board of Trustees of my alma mater. My affiliations and other professional information is, I believe, before you as a part of the information submitted on my Personal Data Questionnaire. I have, nevertheless, attached a copy of my current resume.
As I feel my experience and training in the areas of human services and legal procedure can lend much towards the processes required of this Board and of particular situations relating to South Carolina State, I feel that my services may be considered valuable and very worth-while.
Again, thank you for the opportunity to appear here today, and I will be happy to answer any questions you may have, or inquiries at a later date.
George A. Anderson, Candidate
1) Professional:
Executive Director, Aiken/Barnwell Counties
Community Action Commission, Inc., since 1966
Practicing Attorney since 1966
2) Educational Experience:
South Carolina State College
Tuskegee Institute
University of South Carolina
Continuing Legal Education Center
Temple University
University of Georgia
Continuing Education Center
United States Civil Service Commission
3) Affiliations:
Southeastern Association Community Action
Agencies, Past Officer
South Carolina Association of Human Services
Agencies, Past President
Lower Savannah Council of Governments, Member
American, South Carolina, and National Bar
Associations
South Carolina Federation of Community Based
Organizations, President
Cumberland A.M.E. Church
Zoning Board of Adjustments, City of Aiken,
Chairman
South Carolina Interagency Council of Public
Transportation, Past Member
Board of Directors, South Carolina State College
Educational Foundation, Chairman
Aiken County Red Cross, Salvation Army, and
United Way, Past Member
The Honorable Eugene Stoddard, Chairman; The Honorable Elizabeth Patterson, Vice-Chairman; and the other distinguished Senators and Representatives of this Screening Comittee:
I consider it an honor to have the privilege of offering testimony before this distinguished committee. I have no intention of wasting your time with a lot of useless rhetoric. I have had a very close relationship with South Carolina State College since 1955. I earned the Bachelor's degree in 1960, the Master's degree in 1969, and hope to complete requirements for the degree of Doctor of Education in Educational Administration on February 28, 1986, all from South Carolina State College. Anything that I have accomplished or hope to accomplish in the future I owe, for the most part, to South Carolina State College.
Having matriculated at South Carolina State College for a number of years, I am knowledgeable of the academic needs of the college as well as the needs and improvements that should be made to the physical plant and the expansion of services to the various communities. The members of the Board of Trustees and the college administration must complement each other without one being considered a "rubber stamp" or an adversary of the other. However, the Board members must have the courage and the commitment to meaningfully address the problems of the college and lead it into the 1990's and the year 2000 as a strong, viable and contributing entity in the scheme of higher education for this state.
If South Carolina State College is to continue to be an intricate part of the higher education system, the Board of Trustees and the college administration must closely examine and revise, if needed, the mission of the college to fit the needs, goals and objectives of present and future students.
The college can ill afford to continue to consider itself a "Black college." We must remember the college's heritage and preserve it; however, it must be provided opportunities to seek out and actively recruit students and faculty that are academically talented whether they are white, black or of some other national origin.
I have served South Carolina State College in many capacities over the past 25 years, but none of the areas in which I have served the college during the past can begin to compare with the importance and significance of this possible appointment to the Board of Trustees.
These are exciting and challenging times in education in South Carolina with the enactment of the EIA. There should, and must, be no less emphasis placed on higher education. I want to be an active part of South Carolina's movement toward a leadership role in education.
Appointment to the Board of Trustees of South Carolina State College is a long time dream that will permit me to make a meaningful contribution to our college, and I actively solicit your support.
I thank you for the time and courtesy that you have afforded me.
Good morning, Ladies and Gentlemen. First of all I would like to thank you for the opportunity to speak with you this morning.
I am a candidate for a seat on the South Carolina State College Board of Trustees because of my sincere desire to serve my Alma Mater. The education that I received at South Carolina State College was an excellent one and it served as a solid foundation as I pursued a medical degree at Tulane University.
By virtue of the fact that I graduated with honors from South Carolina State College, and participated in various extra-curricular activities, indicates that the implements for ensuring that all students develop both academically and socially are in place. These components need to be utilized in the most efficient and effective manners possible.
My experiences as a student at both South Carolina State College and Tulane University have provided me with tremendous insight on the positive effect of student input in the decision making processes of a major college or university. My experiences as a faculty member at the LSU School of Medicine made me acutely aware of the advantages and opportunities available in state run institutions. This experience also made me aware of budgetary constraints and how to work effectively and creatively in obtaining the maximum from each dollar allocated.
As a South Carolinian, and a graduate of South Carolina State College, I realize that I have an obligation to serve both my state and my alma mater.
As South Carolina's only predominantly black land grant institution, South Carolina State College occupies the unique position of providing educational opportunities to disadvantaged students who would otherwise not be able to further their educations. This goal can be further enhanced by ensuring that the academic standards are raised to help all students fulfill their maximum potential.
When the majority of South Carolinians think of South Carolina State College, excellence in athletics probably comes to mind. The image of excellence needs to become associated with all academic programs.
As a member of the South Carolina Medical community, I am perhaps too familiar with the results of the lack of education of some members of our society. I am sure that I, along with the other candidates, have some new ideas which when coupled with old values, will serve to benefit the institution that is near and dear to me. I am prepared to work with other members of the Board, the administration, the faculty, the staff, the students, the public and, the General Assembly to help South Carolina State College take its place of leadership among the best in our country.
I thank you once again for this opportunity to speak with you. I will be happy to entertain any questions that you may have at this time.
To the Honorable Chairman Representative Stoddard
Vice Chairman Senator Patterson
To the other members of the Committee to Screen Candidates for the Board of Trustees of State Colleges and Universities:
It is indeed a great pleasure for me to appear before you this morning to offer my candidacy for one of three vacancies on the Board of Trustees of South Carolina State College.
Having been reared in the State of South Carolina for most of my life, and having attended South Carolina State College receiving a B.S. degree in Professional Mathematics and a minor in Computer Science from the institution, having served as student body president during my senior year at South Carolina State College and having the opportunity to serve as a student representative on the Board of Trustees serving with some of the present members in harmony, I am uniquely qualified to serve on the Board of Trustees of South Carolina State College.
As a board member during 1973-74, I had the opportunity to work in harmony with many of the present members and, of course, with President Nance. I considered it a great opportunity and a privilege to have been selected from among my peers to serve in such a capacity as student representative on the Board of Trustees of South Carolina State College.
After graduating from South Carolina State College, I entered the Army as 2nd Lt. in finance branch. Upon completion of active duty of service, I worked for Digital Equipment Corporation for three years serving as a computer software specialist. My territory was the greater Boston area.
After working for three years, I returned to South Carolina to enter the University of South Carolina Law School and received a Juris Doctor degree from the University in 1982 and while I was going to school, I also worked as a computer consultant for a local computer company here, Computer-Records/Digital Systems, Inc. I worked my way from computer consultant all the way up to corporate attorney and in 1983 I began working for the law offices of E.W. Cromartie, II as an associate attorney.
I think that my background, as it relates to the South Carolina State College family would be one that is very satisfying.
I have served in various capacities in the greater Columbia Chapter of South Carolina State College Alumni Association, to include, vice president for six (6) years and president of the Greater Columbia Chapter of South Carolina Alumni Association for the last three (3) years. I have further served in the capacity of vice president of the National Alumni Association of South Carolina State College for the last year and a half.
I have worked continuously to support the institution financially and given of my energies to see that students who are highly qualified and students who are average students the opportunity to be afforded them to attend a great institution such as South Carolina State College.
I have worked very closely with the administration, President Nance and the faculty and the athletic department to assist in any endeavors that they so desire for the betterment of South Carolina State College.
I offer my candidacy to work toward continuing the strength of the institution from an academic standpoint, from an endowment standpoint, and from a growth standpoint.
I started a computer company about two years ago, NAYCO Computer Systems, Inc., in which we sell Digital Equipment Corporation computers, software and hardware, and we also have a staff of computer consultants to assist in any projects from a programming environment on any main frame that is designed by any company. We presently have eight (8) full-time employees working with corporations to include Allied Corporation, Dupont-Savannah River Plant, South Carolina Electric and Gas, David E. Taylor Naval Base, and with the Department of Psychiatry-Richland Psychiatric Associates.
I would also bring to the board a diverse background, to include, computer technology, expandability and upgradeability of South Carolina State College computers.
Therefore my candidacy is one that would afford me the opportunity to give my support, my energies and strengths to my Alma Mater which I so dearly love and to be able to share with the other board members my wealth of experience in computer technology and the legal field.
I trust that you will approve my candidacy and that I will have your support as I endeavor to become a board member on the Board of Trustees of South Carolina State College.
Thank you,
Barry Naylor
Attorney at Law
Screening before the Joint Legislative Screening Committee to Investigate Candidates for Trustees for Colleges and Universities for The Citadel, Clemson University, Medical University of South Carolina, First, Second, Third Congressional Districts (health related), Fourth, Fifth and Sixth Congressional Districts (non-health related), South Carolina State College, University of South Carolina, First, Third, Fifth, Seventh, Ninth, Eleventh, Twelfth and Thirteenth Judicial Circuits, and Winthrop College, reconvened on Tuesday, March 11, 1986, 10:00 a.m., in Room 433, Blatt Building, Columbia, South Carolina.
Members of the Committee in attendance were:
Representative Eugene C. Stoddard, Chairman
Senator Elizabeth J. Patterson, Vice-Chairman
Representative Eugene D. Foxworth, Jr., Secretary
Senator Alexander S. Macaulay
Senator Thomas H. Pope, III
Senator Addison G. Wilson
Representative Daniel E. Martin, Sr.
Representative Stoddard: The Committee will come to order. If we would this morning, we are going to start off...as I call the candidate's name I would like for them to step to the microphone...is the microphone on?...and all this is being recorded so I would appreciate, the members also, using microphones when they ask questions. Step up to the microphone as your name is called and we will swear you in and proceed. First on our list is Clemson University candidate, Mr. Allen Wood. State your name first, please sir.
Mr. Wood: Allen P. Wood
Whereupon, Allen P. Wood, being duly sworn and cautioned to speak the truth, the whole truth and nothing but the truth, testifies as follows:
Representative Stoddard: Mr. Wood, do you have any health-related problems that the screening committee should be made aware of that would prevent you from serving on the board in a full capacity?
Mr. Wood: No sir.
Representative Stoddard: Considering your present occupation and other activities, would you be able to attend board meetings on a regular basis?
Mr. Wood: Yes sir.
Representative Stoddard: Do you have any interests, professionally or personally, that present a conflict of interest because of your service on the board?
Mr. Wood: No sir.
Representative Stoddard: Do you now hold any public position of honor or trust that, if elected to the board, would cause you to violate the dual office holding clause of the Constitution?
Mr. Wood: I've stated in my information that was presented to the Committee that I'm presently serving on the Architectural Examining Board that is appointed by the Governor. If that is considered dual office holding and I am elected to the Clemson Board of Trustees, I will resign from the Architectural Examining Board.
Representative Stoddard: Yes sir, thank you. We are in receipt of your letter to that effect. Any of the members have any questions of Mr. Wood?
Representative Martin: Mr. Wood...
Representative Stoddard: Danny, would you use your microphone please?
Representative Martin: Mr. Wood, if you were to get elected to the Clemson Trustee Board, which would you consider as a priority - athletics or academics?
Mr. Wood: Academics.
Mr. Wood's statement is attached. (See Appendix A.)
Representative Stoddard: Any other questions? Thank you, Mr. Wood. Next we enter into the South Carolina State College candidates. We would have Dr. Paschal...is he not present? (Mr. Paschal had stepped out of the room). We'll pass over him then and go to Mr. Turner.
Whereupon, Lathan E. Turner, being duly sworn and cautioned to speak the truth, the whole truth and nothing but the truth, testifies as follows:
Representative Stoddard: Sir, do you have any health-related problems that the screening committee should be made aware of that would prevent you from serving on the board in a full capacity?
Mr. Turner: No sir, I do not.
Representative Stoddard: Considering your present occupation and other activities, would you be able to attend board meetings on a regular basis?
Mr. Turner: Yes sir, I would.
Representative Stoddard: Do you have any interests, professionally or personally, that present a conflict of interest because of your service on the board?
Mr. Turner: No sir, I do not.
Representative Stoddard: Do you now hold any public position of honor or trust that, if elected to the board, would cause you to violate the dual office holding clause of the Constitution?
Mr. Turner: No sir, I do not.
Representative Stoddard: Thank you, Mr. Turner. Any questions?
Representative Foxworth: Your application is very lightly written...what is your present job?
Mr. Turner: Presently, I am admissions counselor for Piedmont Technical College in Greenwood, South Carolina.
Representative Foxworth: I realize that, you know, that...maybe it's not in one sense a conflict of interest, but you wouldn't find that a little bit straining to be working for one type of education and sitting on the board of another?
Mr. Turner: Well, hopefully I would be able to separate the two as far as my job responsibilities toward Piedmont Technical College. Certainly I'm dedicated to recruiting students for the Technical School, but in the same tone, I will be able to field questions or talk to students that are interested in attending South Carolina State and the rules governing South Carolina State. I'm certain I will be able to divide the two respectively.
Representative Stoddard: Any further questions?
Representative Martin: Are you a graduate of South Carolina State College?
Mr. Turner: Yes sir, Class of 1980, undergraduate degree. Class of 1982, Masters of Education.
Representative Stoddard: Any further questions? Thank you, Mr. Turner.
Mr. Turner: Thank you, Mr. Chairman.
Mr. Turner's statement is attached. (See Appendix B.)
Representative Stoddard: Next we have Ulmer.
Mr. Ulmer: James Ulmer the third.
Whereupon, James Ulmer, III, being duly sworn and cautioned to speak the truth, the whole truth and nothing but the truth, testifies as follows:
Representative Stoddard: Mr. Ulmer, do you have any health-related problems that the screening committee should be made aware of that would prevent you from serving on the board in a full capacity?
Mr. Ulmer: No, I don't.
Representative Stoddard: Considering your present occupation and other activities, would you be able to attend board meetings on a regular basis?
Mr. Ulmer: Yes, I will.
Representative Stoddard: Do you have any interests, professionally or personally, that present a conflict of interest because of your service on the board?
Mr. Ulmer: No.
Representative Stoddard: Do you now hold any public position of honor or trust that, if elected to the board, would cause you to violate the dual office holding clause of the Constitution?
Mr. Ulmer: No, I do not.
Representative Stoddard: Thank you, Mr. Ulmer. Any questions of Mr. Ulmer?
Representative Foxworth: Almost the same question, Mr. Ulmer, who are you Instructor of Vocational Agriculture with?
Mr. Ulmer: Holly Hill-Roberts High School, Holly Hill, South Carolina.
Representative Stoddard: Where was that? Holly Hill?
Mr. Ulmer: Holly Hill, South Carolina.
Mr. Ulmer's statement is attached. (See Appendix C.)
Representative Stoddard: Any other questions? Thank you, Mr. Ulmer. Mr. Charles H. Williams.
Whereupon, Charles H. Williams, being duly sworn and cautioned to speak the truth, the whole truth and nothing but the truth, testifies as follows:
Representative Stoddard: Mr. Williams, state your name please.
Mr. Williams: Charles H. Williams.
Representative Stoddard: Do you have any health-related problems that the screening committee should be made aware of that would prevent you from serving on the board in a full capacity?
Mr. Williams: No sir.
Representative Stoddard: Considering your present occupation and other activities, would you be able to attend board meetings on a regular basis?
Mr. Williams: Yes sir.
Representative Stoddard: Do you have any interests, professionally or personally, that present a conflict of interest because of your service on the board?
Mr. Williams: No sir.
Representative Stoddard: Do you now hold any public position of honor or trust that, if elected to the board, would cause you to violate the dual office holding clause of the Constitution?
Mr. Williams: No sir.
Representative Stoddard: Thank you, Mr. Williams. Any questions...gentlemen? ladies?
Representative Foxworth: Mr. Williams, one question, what has been your involvement with education...it doesn't show up in this, in the past, I read your statement but I don't see where it says what involvement you've had with education.
Mr. Williams: Well, in...my involvement with education, I would say would be very little other than, of course, going to school. My wife taught public school in Orangeburg for a number of years. She is now a lawyer and practicing with our firm. As far as serving on any school boards or anything of that nature, I have none.
Representative Stoddard: Any other questions?
Representative Martin: Do you have any connection whatsoever with South Carolina State College at the present time?
Mr. Williams: Well, when you say connections, I know most of everyone over there. I live in Orangeburg, of course, the College being in Orangeburg. I had a group of alumni request that I run for the Board of Trustees. You say connections, my connections would be mainly social, knowing the people at the College.
Representative Stoddard: Any other questions? Thank you, Mr. Williams.
Mr. Williams: Thank you.
Mr. Williams' statement is attached. (See Appendix D.)
Representative Stoddard: (Dr. Paschal had returned to the room.) Dr. Paschal. State your name please.
Dr. Paschal: James A. Paschal.
Whereupon, James A. Paschal, being duly sworn and cautioned to speak the truth, the whole truth and nothing but the truth, testifies as follows:
Representative Stoddard: Sir, do you have any health-related problems that the screening committee should be made aware of that would prevent you from serving on the board in a full capacity?
Dr. Paschal: No sir.
Representative Stoddard: Considering your present occupation and other activities, would you be able to attend board meetings on a regular basis?
Dr. Paschal: Yes sir.
Representative Stoddard: Do you have any interests, professionally or personally, that present a conflict of interest because of your service on the board?
Dr. Paschal: No sir.
Representative Stoddard: Do you now hold any public position of honor or trust that, if elected to the board, would cause you to violate the dual office holding clause of the Constitution?
Dr. Paschal: No sir.
Representative Stoddard: Thank you, sir. Any questions of Dr. Paschal?
Representative Foxworth: Again, I'm back to the...you are employed with the Higher Education Commission, is that right?
Dr. Paschal: Yes sir.
Representative Foxworth: I notice that you are in the planning and facilities, et cetera.
Dr. Paschal: Yes sir.
Representative Foxworth: And again, I find it hard to believe that you wouldn't find yourself in conflict when you are doing planning, and I assume that is what you do, planning for higher education...is that right?
Dr. Paschal: Yes...I do not make any decisions for any of the institutions whatsoever. I merely collect the materials and pass them on to the proper sources.
Senator Patterson: Would you tell me a little bit about your background? I notice that this teacher, librarian, social worker, student services, college dean, coordinator...where were all those?
Dr. Paschal: I taught elementary school in Americus, Georgia, grade 5, two and one half years; I was a librarian for about five years; I was a school social worker with Americus City School System for two years; I was Assistant and Coordinator (inaudible) Technical School in Augusta, Georgia; I was Dean of Students at Benedict College for four years; and I am presently with the Commission on Higher Education, and I also served on the High School Board of Trustees for three years, it was a private high school...in Augusta.
Representative Foxworth: I certainly didn't mean to ask that question as it probably came out, Dr. Paschal, but I really do share the thinking of some people that think that we've got too many educators sitting on educational boards. I know that sounds on the surface rather absurd. But, I think that the reason that we have boards, in my opinion, is to have outside thoughts come into higher education. I think we get dead with educators on boards and higher education, not higher education, State Board of Education is a good example, there are too many people on there who work day to day with it and don't have a fresh idea and haven't had one in fifteen years.
Dr. Paschal: Well sir, I consider myself different. I'm not a graduate of South Carolina State. I did receive a doctorate from U.S.C. in Columbia, received my bachelors from Xavier, New Orleans, masters, Fort Valley State, have attended other colleges and I have a different view, a broad view, of education. I do not have the one-track path thinking about education.
Representative Foxworth: I didn't mean to pick on you and I really do apologize, but that's...I just have a hard time and I ask the other questions the same way, you know. Educators get too involved in education.
Dr. Paschal: Well, I can speak from my background. I could be of service to the institution.
Dr. Paschal's statement is attached. (See Appendix E.)
Representative Stoddard: Any other questions? Thank you, Dr. Paschal. Next we have the Winthrop College Board candidates. First, of course, ladies first, with Mrs. McElveen.
Mrs. McElveen: Mary Sue Britton McElveen.
Whereupon, Mary Sue Britton McElveen, being duly sworn and cautioned to speak the truth, the whole truth and nothing but the truth, testifies as follows:
Representative Stoddard: Do you have any health-related problems that the screening committee should be made aware of that would prevent you from serving on the board in a full capacity?
Mrs. McElveen: No sir, I do not.
Representative Stoddard: Considering your present occupation and other activities, would you be able to attend board meetings on a regular basis?
Mrs. McElveen: I would.
Representative Stoddard: Do you have any interests, professionally or personally, that present a conflict of interest because of your service on the board?
Mrs. McElveen: I do not.
Representative Stoddard: Do you now hold any public position of honor or trust that, if elected to the board, would cause you to violate the dual office holding clause of the Constitution?
Mrs. McElveen: No sir, I do not.
Representative Stoddard: Thank you. Any questions?
Representative Foxworth: Yes sir, Mr. Chairman.
Representative Stoddard: Colonel Foxworth.
Representative Foxworth: Mrs. McElveen, and again I'm going to be very select in my words, I hope. I have a real...I read the paper, and I am involved in politics which probably is wrong for me anyway, I have a hard time adjusting, but, part of the problem that I see right now at Winthrop...came from your last president, I see you've selected a new president. Is all that resolved? And tell me, how involved was the Board in seeing that this matter had been straightened out. I think you probably know what I am talking about, if not I can get more specific.
Mrs. McElveen: I would appreciate your being more specific.
Representative Foxworth: All right, let us say were any funds used in the political campaign that came out of that office?
Mrs. McElveen: No sir.
Representative Foxworth: Now the paper says that there was and that was later repaid.
Mrs. McElveen: Yes, I understand that.
Representative Foxworth: OK.
Mrs. McElveen: I understand that, yes. I also don't believe everything I see written in there.
Representative Foxworth: I agree, but, now there was...he never made a repayment.
Mrs. McElveen: As far as I know. But I will certainly make more inquiries if you think...
Representative Foxworth: Well, this is one of my concerns and, you know and I know that you can't run the whole railroad from the board. You've got to have an engineer and you've got to have a conductor, but the board's responsibility, when that train is derailed I personally hold the board responsible and we've seen too much in higher education in my short time in South Carolina politics in the last two years, almost every institution has had a turmoil, and I blame the boards. Everyone of them I can go right back and show you where the boards were not circumspect in their actions. Now, do you think we've got it straight at Clemson, and are you satisfied in your own mind that there is nothing else to be used...to be done?
Mrs. McElveen: I'm sorry, I don't, can't speak for Clemson.
Representative Foxworth: No, I said...excuse me...I didn't mean...Winthrop. Is everything resolved at Winthrop?
Mrs. McElveen: Yes, yes it is.
Representative Foxworth: Y'all have no more (inaudible) up there?
Mrs. McElveen: No, we do not and I think you'll see that we've got a great new president coming in.
Representative Foxworth: I'm very proud of what you did and I hope that will be so.
Mrs. McElveen: She has a great track record.
Representative Foxworth: And I'm sorry her sister who was a graduate didn't come.
Mrs. McElveen: Yes.
Mrs. McElveen's statement is attached. (See Appendix F.)
Representative Stoddard: Any other questions? Thank you. Dr. Gatlin.
Dr. Gatlin: Eugene S. Gatlin, Jr.
Whereupon, Eugene S. Gatlin, Jr., being duly sworn and cautioned to speak the truth, the whole truth and nothing but the truth, testifies as follows:
Representative Stoddard: Doctor, do you have any health-related problems that the screening committee should be made aware of that would prevent you from serving on the board in a full capacity?
Dr. Gatlin: No sir, I do not.
Representative Stoddard: Considering your present occupation and other activities, would you be able to attend board meetings on a regular basis?
Dr. Gatlin: Yes sir, I have already cleared that with my current employer.
Representative Stoddard: Do you have any interests, professionally or personally, that present a conflict of interest because of your service on the board?
Dr. Gatlin: No sir.
Representative Stoddard: Do you now hold any public position of honor or trust that, if elected to the board, would cause you to violate the dual office holding clause of the Constitution?
Dr. Gatlin: No sir.
Representative Stoddard: Questions?
Senator Patterson: Why did you select Winthrop College to be your prime interest in higher ed?
Dr. Gatlin: Looking at the realities of the situation, it would be more logical to apply for the University. That is a hotly contested Board and I didn't care to get involved in my first time in public service in that kind of situation. Winthrop has always represented quality education to me since I went there, not as a student, but speech debates and taking high school trips and things like that. I thought it was a excellent school and the one I could serve best.
Senator Patterson: I thought maybe your wife went there that is why I asked.
Dr. Gatlin: No, my wife's from New Jersey.
Representative Stoddard: Any further questions?
Representative Foxworth: I just have to ask him the same question I asked the others in that he is already involved and hired by education, you don't think you'd have any troubles guiding a institution of higher learning?
Dr. Gatlin: No sir, I heard your earlier comment and I don't have privy to information that you have of all the boards, but locally I find that educators are sadly lacking on boards, particularly the University and at Midlands Tech where I teach. I have no conflict, no problem dealing with that because as I indicated in my letter I've served in supervisory positions, I've served as a teacher, instructor, whatever you want to call it, and I would like faculty views to be heard by the board so that nothing could be made, decision made that would hurt faculty, would hurt staff or hurt our cause.
Representative Foxworth: Mr. Gatlin, and I'm not going to ask you for an answer, but let me take this away and I'll finish with this. Go look at all the boards that you can, and I'm speaking now of banks, manufacturers, and find out how many competitors are on their boards. That will give you an idea where I come from.
Dr. Gatlin's statement is attached. (See Appendix G.)
Representative Stoddard: Any further questions? Thank you, doctor. Next we have Robert C. Lake, Jr.
Mr. Lake: My name is Robert C. Lake, Jr.
Whereupon, Robert C. Lake, Jr., being duly sworn and cautioned to speak the truth, the whole truth and nothing but the truth, testifies as follows:
Representative Stoddard: Do you have any health-related problems that the screening committee should be made aware of that would prevent you from serving on the board in a full capacity?
Mr. Lake: None that I know of.
Representative Stoddard: Considering your present occupation and other activities, would you be able to attend board meetings on a regular basis?
Mr. Lake: I would.
Representative Stoddard: Do you have any interests, professionally or personally, that present a conflict of interest because of your service on the board?
Mr. Lake: No.
Representative Stoddard: Do you now hold any public position of honor or trust that, if elected to the board, would cause you to violate the dual office holding clause of the Constitution?
Mr. Lake: No.
Representative Stoddard: Thank you, Senator. Any questions?
Senator Patterson: How does it feel being on the other side.
Mr. Lake: It's a different game, I'll put it to you that way.
Representative Foxworth: Well, do you serve on it now, Senator?
Mr. Lake: No sir, I served as a member of the Board of Trustees for five years as an appointee from the Senate Education Committee and enjoyed it very much. Howard Burns, who was Chairman of the Board and a member for over twenty years, reached that age where he had to get out at seventy-two and he called me and several other members of the Board and asked me to run since Howard was not going to run. I agreed to run. I seek it with enthusiasm because I love Winthrop College and I have no connections there except I sang there when I was in high school in boys unchanged voices, so you can imagine how long ago that's been.
Representative Stoddard: Soprano or alto? (laughter)
Mr. Lake: I think it was high soprano at that time. It's a great institution of higher learning and I think it's making a terrific recovery into the era of coeducation and it needed a lot of refurbishing physically, financially and administrative-wise. This has been done, I was not a part of it that much but I was there as a member and I think my record speaks for itself that I did attend the meetings...enjoyed attending them. We have some fine trustees and they are removed from the administration as you say. I think they do a good job. I'm sorry that Phil Lader came for two years and left, I think he was doing a terrific job there. Be that as it may, I'm sure they have a fine president. I didn't participate in the selection of the recent president but I would look forward to working with her with great enthusiasm.
Representative Stoddard: Any other questions? Thank you, Senator.
Mr. Lake: I will be glad to filibuster...
Representative Foxworth: The House can't let that...
Representative Stoddard: We have a rule now that, Senator, we just can't filibuster...
Mr. Lake: OK.
Mr. Lake's statement is attached. (See Appendix H.)
Representative Stoddard: There being nothing further, I guess the chair will entertain a motion to go into executive session. Mr. Martin moves to go into executive session. All in favor, say aye. (aye) Opposed, no. Ayes have it.
I sincerely appreciate this opportunity to present my written testimony to the Legislature via the Committee to Screen Candidates for Boards of Trustees of State Colleges and Universities.
Thomas Green Clemson's and Ben Bryan Tillman's dream of an institution of higher learning for the State of South Carolina in the agricultural sciences and industrial or engineering sciences to diversify the economy and to raise and ensure the economic well being of the citizens during the dark days of reconstruction, is just as valid today as it was in the late eighteen hundreds. As we accelerate towards becoming a world community, our society is becoming increasingly more complex, technologically more sophisticated and the environment more fragil; therefore our institutions of higher learning, dedicated to education and research, are of greater importance so that these vital issues that affect every citizen of South Carolina can be addressed with the knowledge and competence that is so necessary.
The responsibility of the Clemson Board of Trustees is to preserve and develop this Clemson legacy for South Carolinians as we move forward into the Twenty-First Century. It is very important at this particular time, in light of the recent past, that the Legislature elect individuals to the Clemson Board of Trustees who are qualified and are dedicated to the Clemson legacy which they hold in trust now and for the future of South Carolina. That is why I have based my candidacy on these two issues, qualifications and dedication.
My service to my community, the State of South Carolina, and Clemson University, which is a part of the record, in addition to my personal experience, uniquely qualifies me to serve as a member of the Board of Trustees of Clemson University. I am appealing to the members of the Legislature to base their vote on these two criteria, qualifications and dedication. Also the Sixth Congressional District of the Pee Dee area has not had an elected member of the Clemson Board in sixteen years and yet it is the major agricultural area of the State and Clemson University is the only agricultural institution of higher learning in South Carolina. I also appeal to a sense of equity so that all areas of the State are represented.
In closing, I would like to express my appreciation to every member of the Legislature for the consideration, time and courtesy that they have so amply given me and my candidacy and since the Legislature is elected to represent the will of the people and govern this State, I trust its judgement.
Thank you,
Allen P. Wood
Candidate for Clemson University Board of Trustees
To Members of this August Committee:
It is indeed an honor and privilege for me to appear before you this morning. It is my intent to be brief, but the brevity of my statement is by no means an indication of the extent of my willingness and commitment to serve as a member of the Board of Trustees for South Carolina State College.
I feel that my training and experience, aptly suit me for the challenge inherent in this position. Not only have I had administrative and teaching experience, but I also have experience in financial aspects of higher education, especially among state funded institutions.
The experiences which I have are particularly relevant to the position of trustee of any college. Having spent a considerable number of years in higher education, I believe that I have developed a keen sensitivity to two primary issues affecting the survival and viability of an institution: finances and students. I can assure you that I can make significant contributions in developing each of these areas.
I feel confident that I will be an added asset to the present membership of the Board and humbly request your support in helping me to fulfill this desire to serve.
Thank you.
Respectfully,
James A. Paschal
P.O. Box 241
Ninety Six, S.C. 29666
March 5, 1986
Representative Eugene Stoddard, Chairman
Screening Committee for Board of Trustees
P.O. Box 11867
Columbia, S.C. 29211
Rep. Stoddard,
Enclosed is the required statement of proposed testimony for candidates seeking a position on the Board of Trustees.
Since graduating from college in 1980, I have debated the thought of how best I could serve my alma mater. To join alumni associations, booster clubs, or pledge clubs, etc. was not enough for me as I grew older. I deliberated the topic of what is most important for a college's survival and I came to the conclusion that the best use of taxpayers money is to select highly qualified faculty which will attract and retain high achievers as students.
When I think of the rewards that the gifted and talented programs will produce for young people, I visualize how they will utilize the gift of structured learning-rewards that are obtainable at South Carolina State College. When I think of the college prep courses for high school students and the effects of the Education Improvement Act, I am enthused that there is an opportunity for these students to matriculate at an institution of higher learning and become successful, responsible adults-opportunities that are available at South Carolina State College. When I think of the incentive programs for graduates to continue their education making them marketable for the future, I am overwhelmed at the idea of such advancements-advancements that are obtainable at South Carolina State College.
I have remained active in community affairs, job related projects, professional organizations, and most importantly-my church where so many values are taught to all people as a guide for successful living. As a trustee at the church, I realize that it is one of my duties to make sure that everything operates as smoothly as possible. I intend to apply this philosophy to the job of serving as a member of the Board of Trustees-not merely for the glory of holding such a prestigious position but because I am concerned about the future of South Carolina State College.
I intend to bring in a degree of new ideas as a graduate from the 80's decade and at the same time be able to identify with graduates and supporters from previous years as they make suggestions pertinent to the stable, progressive, and upward growth of the college.
Thank you for reviewing this statement and I look forward to meeting with the committee on March 11, 1986.
Sincerely,
Lathan E. Turner
MR. STODDARD, MEMBERS OF THE SCREENING COMMITTEE, CANDIDATES, LADIES, AND GENTLEMEN I am James Ulmer, III -- Vocational Agriculture and Pre-vocation teacher at Holly Hill-Roberts High School.
It is an honor for me to appear before you today as a candidate for the Board of Trustees of South Carolina State College. I have labored hard for this day. South Carolina State College has been home and family for me for the past 33 years. I can remember following my sister to the South Carolina State College Library when I was just a little boy. Even then, I loved South Carolina State College and felt that I belonged.
Now, I am an alumnus of South Carolina State College, and I still feel an obligation and an owed commitment to her. There have been many things that I have wanted for our great college; therefore, when I realized that there was a possibility of my becoming a member of the Board of Trustees, I decided to apply in order to have a better opportunity of contributing my best to my Alma Mater.
We want South Carolina State College to be the best in everything. We would like to develop ways for more of our students to pass and improve scores on the NTE while having teachers of teacher education who are certified by the State Department of Teacher Education and Certification. We would like to see the various schools of South Carolina State College become tops in academe by having top quality professors who are interested in gaining and maintaining quality education for our students. We want to see an improvement as well as an expansion of the various curricula in order to coincide with our rapidly growing and changing world. We want our students to always be considered as well-educated, well-rounded, and well-prepared for any and all future careers that they may wish to endeavor. I believe that the educational program and students can be no better than the Board of Trustees, Administration, Faculty, and Staff; therefore, we must see that we get the best in order to have the best. The times are not going to allow us to settle for anything less.
South Carolina State College has existed for many years with quality education; we cannot lose this. We want quality education to be uppermost throughout centuries to come.
As an alumnus of South Carolina State College, I want to contribute everything that I can to make the best happen.
Mr. Stoddard, if you and the Screening Committee see fit to select me as a member of the Board of Trustees for my Alma Mater-South Carolina State College, you can be assured that I will be (with the help of God) a loyal supporter, a hard worker, a dedicated member, and one who is concerned about the overall make up of this great college.
I would like to conclude by saying: The body can be no better than the head-and I would like to become a part in the making up of the best head that there is-The Board of Trustees for South Carolina State College.
I am yours,
James Ulmer, III
Candidate for the Board of Trustees for South
Carolina State College
IN RE: Candidate for Board of Trustees
South Carolina State College
TO WHOM TO MAY CONCERN:
I am thirty-five years of age, married, with four children. I am a lifelong resident of Orangeburg County and have practiced law with the firm of Williams & Williams of Orangeburg, South Carolina, for the past ten years. I have always been interested in South Carolina State College and its involvement with our community as well as its fulfillment of academic needs of this State.
I am offering as a candidate for the Board of Trustees of South Carolina State College to become more involved with the college. As a trustee, I would endeavor to enhance the college's academic standards, to continue to provide the students a broad curriculum, and to involve the college with the community as a Whole.
Yours very truly,
Charles H. Williams
I, Mary Sue Britton McElveen, have served on the Winthrop College Board of Trustees for 16 years. During 10 of those years, I was chairman of 1 of the 2 standing committees. Also, I served for 5 years as Trustee representative on the Winthrop Foundation. Presently, I hold the position of Chairman of the Board. Prior to serving on the Board, I was a member of the Executive Board of the Winthrop Alumni Association for 12 years.
It is my intent to offer for the Board of Trustees of Winthrop College because I feel I have valuable experience and training which can give a well-rounded make-up to the Board and which can offer a perspective needed by a collegiate institution's Board as it sets policy.
I feel that a Board of Trustees should be free from political pressures (but not political realities) as it goes about its work. I believe a Board of Trustees should be comprised of people from business, industry, the world of work in general, and from the professions (e.g. - academic) who understand the purpose and function of higher education. The Board should reflect a cross section of the people and geographic area(s) it serves, and it should have a demographic make-up which should reflect the population of the areas of South Carolina which it serves. In addition, Board members should be aware of and always mindful of the mission, goals, and purposes of the institution it serves. Policies set in isolation without needed "input" from the college community, among others, are, all too often, policies which hurt rather than help a college. A broad base of knowledge is needed to set viable, realistic, and meaningful policies.
I have the full support of Dr. James R. Morris, Jr., President of Midlands Technical College, to seek this position.
Following is a list of some of the major reasons I believe I will be beneficial to Winthrop College as a member of its Board of Trustees:
1. I am a product of South Carolina's Public School System and its colleges and universities. I hold a Ph.D. from the University of South Carolina. In addition, I am extensively traveled and have been involved in professional educational activities which have exposed me to academic requirements and practices throughout most of the continental United States.
2. I understand the academic environment both as student and teacher from the elementary level through the doctoral level. I feel this broad scope will be beneficial as a board member.
3. I have served twice as Chairman of the Faculty Committee System at Midlands Technical College, and I have served numerous years on several of its committees, including Faculty Affairs, Student-Affairs, Academic Affairs, and, most notably Curriculum for over eleven years. As chairman, I attended all meetings of Midlands Tech's Area Commission and provided information and faculty views and recommendations, as appropriate, and made monthly presentations which represented the views of the faculty on pending issues as well as established policy. I worked very closely with Tech's administration in this capacity.
4. I have taught for eight years in the Public School System and for seventeen years at Midlands Technical College. In addition, I have taught for the University of South Carolina, Coker College, and the Adult Education program of Richland School District One.
5. I have also been English Department Head in Public Schools and Midlands Tech; having been a supervisor, I feel I have broadened my understanding of personnel and college policies and procedures, including budgets, evaluations, etc.
6. I served for two years on the Midlands Technical Education Foundation, both as a faculty representative and as an elected, voting member. I have also been actively involved in establishing at least two endowed scholarships and contribute every month to building the financial base of one.
7. In addition to my extensive experience in curriculum matters, I have also served as Chief Editor of Midlands Tech's Institutional Self Study for Reaccreditation.
8. I have consistently received "Superior" performance evaluations both as teacher, instructor, and department head.
9. As a professional educator, I am committed to and devoted to quality education and am willing to do whatever I can to ensure that South Carolina continues to grow in this area. I believe in quality instruction supported by a quality staff and led by a participatory management team.
10. I sincerely feel that I can be a benefit to the Board of Trustees as an active member as well as an active, but non-partisan board member.
The Honorable Eugene C. Stoddard
and Members of the Screening Committee
for Candidates for Boards of Trustees
of State Colleges and Universities:
I am pleased to present my written statement to the Committee as follows:
I, Robert C. Lake, Jr. am a practicing attorney in Newberry, Laurens and Union Counties and have been for a period of 36 years. I am married to Carolyn Young Lake and we have two sons, Robert C. Lake, III who practices law with me and Samuel Young Lake who lives in Columbia and is employed with the State of South Carolina.
I served in the State Senate of South Carolina for a period of 16 years and during this time I was pleased to be appointed by the Chairman of the Senate Education Committee as a Trustee of Winthrop College. I served as a Trustee of Winthrop College for more than five years and enjoyed my association with this fine institution of higher learning and the students, the faculty, the administration and the other members of the Board of Trustees. When my good friend, Howard Burns called me and told me that he was not seeking re-election and would like for me to fill the seat that he had held for more than 20 years, I was flattered. I agreed and have submitted my name as an applicant and will appear before you today to answer any and all questions which you might have concerning my candidacy.
I believe that I am qualified and have much knowledge concerning the problems and challenges of higher education in the 80's and 90's. I look forward to serving the people of this State in this capacity and hope that you will approve me as a worthwhile candidate.
Respectfully Submitted,
Robert C. Lake, Jr.
The Joint Legislative Screening Committee to Investigate Candidates for Trustees of Colleges and Universities has investigated the following candidates and finds each to be qualified to seek election.
George C. James
Billy L. Amick
John J. Britton, M.D.
William N. Geiger, Jr.
B. Marion Smith
Charlie E. Till
Allen P. Wood
(health related)
Harrison L. Peeples, M.D. (1st)
Thomas C. Rowland, Jr., M.D. (2nd)
Stanley C. Baker, Jr., M.D. (3rd)
(non-health related)
Herbert C. Granger (4th)
Walter B. Brown (5th)
Phillip D. Sasser (6th)
George A. Anderson
Henry W. Brevard
Jacqueline C. Gilmore
Edward C. Keith, M.D.
Barry Naylor
James A. Paschal, Ed.D.
Lathan E. Turner
James Ulmer, III
Charles H. Williams
Othniel H. Wienges, Jr. (1st)
Samuel A. Benson (3rd)
William S. Hiatt (5th)
William C. Hubbard (5th)
Dorothy W. Ryall (5th)
Louis C. Sossamon (7th)
R. Markley Dennis, Sr. (9th)
Michael J. Mungo (11th)
C. Edward Floyd, M.D. (12th)
Paul S. Goldsmith (13th)
Eugene S. Gatlin, Jr., Ph.D.
Robert C. Lake, Jr.
Mary Sue Britton McElveen
Received as information.
The following was received.
March 25, 1986
The Honorable Ramon Schwartz
Speaker of The House of Representatives
P.O. Box 11867
Columbia, S.C. 29211
Dear Mr. Speaker:
Pursuant to Rule 3.12 of the House Rules and the verdict of guilty in my criminal trial, I am hereby resigning my seat as a member of the South Carolina House of Representatives from District 109, Charleston County.
Notwithstanding any other avenues available to me, I shall not continue to serve as the representative of the district in absentia, thus I am hereby informing you that as of the day of the jury's verdict, this office may be declared vacant.
Thank you for the support you have shown in past years and I look forward to a continued friendship.
Sincerely yours,
Robert R. Woods
Received as information.
The Senate returned to the House with amendments the following:
H. 2634 -- Medical, Military, Public and Municipal Affairs Committee: A BILL TO AMEND CHAPTER 39 OF TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 44-39-5 AND 44-39-40 THROUGH 44-39-80 SO AS TO PROVIDE FOR THE LICENSING AND REGULATION OF RENAL DIALYSIS CENTERS AND TO PROVIDE A PENALTY FOR VIOLATIONS.
Rep. DERRICK explained the Senate amendment.
The Senate amendments were agreed to, and the Bill, 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.
On motion of Rep. BARFIELD, with unanimous consent, the following was taken up for immediate consideration:
H. 3702 -- Reps. Sturkie, Koon, M.D. Burriss, Lloyd Hendricks, Evatt, Klapman, J.H. Burriss, Derrick, Taylor, Sharpe, Cooper, Faber, J. Brown, T.M. Burriss, T. Rogers, Barfield and Toal: A CONCURRENT RESOLUTION TO FIX 12:00 NOON, WEDNESDAY, MAY 14, 1986, AS THE TIME FOR A JOINT ASSEMBLY OF THE HOUSE OF REPRESENTATIVES AND SENATE FOR CEREMONIES MARKING THE UNVEILING AND ACCEPTANCE OF THE STATE HOUSE PORTRAIT OF THE LATE DR. WIL LOU GRAY, PIONEER OF THE SOUTH CAROLINA OPPORTUNITY SCHOOL.
Be it resolved by the House of Representatives, the Senate concurring:
That the House of Representatives and Senate meet in Joint Assembly in the hall of the House of Representatives at 12:00 noon, Wednesday, May 14, 1986, for ceremonies marking the unveiling and acceptance of the portrait by South Carolina artist, Michael Del Prior , of the late Dr. Wil Lou Gray, pioneer of the South Carolina Opportunity School.
Be it further resolved that friends of the late Dr. Gray and of the Wil Lou Gray Opportunity School are invited to attend the ceremonies.
Be it further resolved that a copy of this resolution be forwarded to Mrs. Hannah C. Meadors, Chairman of the Board of Trustees, Wil Lou Gray Opportunity School, 440-A Brown Building, 1205 Pendleton Street, Columbia.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The Senate sent to the House the following:
S. 1167 -- Senators Lourie, Shealy, Hinson, Giese, Peeler and Long: A CONCURRENT RESOLUTION COMMENDING THE PRESIDENT OF THE UNITED STATES FOR REASSERTING THE RIGHTS OF THE FREE WORLD TO TRAVERSE INTERNATIONAL WATERS AND FOR RESISTING THE THREATS AND INTIMIDATION OF THE GLOBE'S CHIEF SUPPORTER OF TERRORISM.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following was taken up for immediate consideration:
S. 1168 -- Senators Thomas E. Smith, Jr., Martin, Lourie and McConnell: A CONCURRENT RESOLUTION TO FIX TWELVE NOON ON WEDNESDAY, APRIL 9, 1986, AS THE TIME FOR ELECTING A SUCCESSOR TO THE FAMILY COURT IN THE RESPECTIVE JUDICIAL CIRCUITS WHOSE SEATS EXPIRED FEBRUARY 28, 1986.
Be it resolved by the Senate, the House of Representatives concurring:
That the House of Representatives and the Senate meet in joint assembly in the Hall of the House of Representatives at twelve noon on Wednesday, April 9, 1986, to elect a successor to the Family Court in the respective judicial circuits whose seats expired February 28, 1986: Sixth Judicial Circuit, Seat 2, the Honorable Thomas B. Barrineau, Jr., and Fourth Judicial Circuit, Seat 3, the Honorable William J. McLeod.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 1170 -- Senator Hinson: A CONCURRENT RESOLUTION TO COMMEND MR. WALTER W. (BADEYE) ROLLINS OF LANCASTER COUNTY FOR HIS LIFETIME SERVICE TO THE LANCASTER COUNTY DEMOCRATIC PARTY AND TO NAME HIM EXECUTIVE COMMITTEEMAN EMERITUS FOR THE KERSHAW MILL PRECINCT IN LANCASTER COUNTY.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 1171 -- Senator Pope: A CONCURRENT RESOLUTION TO CONGRATULATE AND RECOGNIZE THE MEMBERS OF THE STUDENTS AGAINST DRUNK DRIVING (SADD) ORGANIZATION AT UNION HIGH SCHOOL IN THEIR CAMPAIGN TO RID THE SCHOOL AND COMMUNITY OF ALCOHOL AND DRUGS AND TO INFORM THE STUDENTS AND THE PUBLIC OF THE DANGERS PRESENTED BY THEIR USE.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 1172 -- Senator Pope: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND MR. ALFRED D. SPOTTS OF NEWBERRY COUNTY FOR HIS DEDICATED PUBLIC SERVICE, FOR HIS PROMOTION OF THE HIGHWAY CONSTRUCTION INDUSTRY IN THIS STATE, AND FOR RECEIVING THE 1986 SOUTH CAROLINA SMALL BUSINESS PERSON OF THE YEAR AWARD.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following was introduced:
H. 3707 -- Reps. Rigdon, Hawkins, P. Harris, Carnell and S. Anderson: A CONCURRENT RESOLUTION TO EXPRESS THE SORROW OF THE GENERAL ASSEMBLY UPON THE RECENT DEATH OF JOHN LOWRY PRESSLY, OF ABBEVILLE COUNTY, AND TO EXTEND SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
On motion of Rep. SHEHEEN, with unanimous consent, the House non-concurred in the Senate amendments to the following Bill and a message was ordered sent to the Senate accordingly.
S. 459 -- Senators Horace C. Smith, Mitchell, Theodore, J. Verne Smith, Drummond, Newman, Doar, Waddell, Land, Nell Smith and Long: A BILL TO ENACT "THE OMNIBUS CRIMINAL JUSTICE IMPROVEMENTS ACT OF 1985" WHICH INCLUDES PROVISIONS TO AMEND CHAPTER 25 OF TITLE 17, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO JUDGMENT AND EXECUTION, BY ADDING ARTICLE 2 SO AS TO CREATE A COMMUNITY PENALTIES PROGRAM AND PROVIDE FOR GRANT FUNDING THROUGH THE OFFICE OF THE GOVERNOR; TO AMEND ARTICLE 1, CHAPTER 25 OF TITLE 17, RELATING TO CRIMINAL JUDGMENT AND EXECUTION, BY ADDING SECTION 17-25-115 SO AS TO EMPOWER JUDGES SITTING IN GENERAL SESSIONS TO ORDER RESTITUTION AS A CONDITION OF PAROLE; TO AMEND TITLE 2, RELATING TO STATE GOVERNMENT BY ADDING CHAPTER 48 SO AS TO AUTHORIZE CERTAIN COST OF COURT FEES TO BE ASSESSED IN CRIMINAL CASES AND PROVIDE FOR THE USE OF THESE ASSESSMENTS FOR PRISONER INCARCERATION PURPOSES; TO AMEND ARTICLE 1, CHAPTER 3 OF TITLE 24, RELATING TO THE STATE PRISON SYSTEM, BY ADDING SECTION 24-3-31 TO AUTHORIZE THE PAYMENT OF GENERAL REVENUE FUNDS TO LOCAL GOVERNMENTS AS A SUBSIDY FOR INCREASES IN LOCAL INMATE POPULATIONS AND TO PROVIDE FOR SUBSIDY PAYMENTS BY THE DEPARTMENT OF CORRECTIONS TO LOCAL GOVERNMENTS TO MAINTAIN A DESIGNATED FACILITIES PROGRAM; TO AMEND CHAPTER 13 OF TITLE 24, RELATING TO PRISONERS, BY ADDING ARTICLE 11 SO AS TO ESTABLISH VOLUNTARY PROGRAMS FOR WORK/PUNISHMENT OF INMATES CONFINED TO LOCAL CORRECTIONAL FACILITIES; TO AMEND ARTICLE 3, CHAPTER 1 OF TITLE 42, RELATING TO WORKERS' COMPENSATION, BY ADDING SECTION 42-1-505 SO AS TO PROVIDE THAT PERSONS CONVICTED OF CRIME PARTICIPATING IN PUBLIC SERVICE AND COMMUNITY WORK PROGRAMS MAY BE COVERED UNDER WORKERS' COMPENSATION UNDER CERTAIN CONDITIONS; TO AMEND ARTICLE 7, CHAPTER 5 OF TITLE 22, RELATING TO MAGISTRATES' POWERS AND DUTIES IN CRIMINAL MATTERS, BY ADDING SECTION 22-5-580 SO AS TO ESTABLISH A PRETRIAL CLASSIFICATION PROGRAM TO ASSIST MAGISTRATES WITH THE BAIL SETTING DECISIONS; TO AMEND CHAPTER 1 OF TITLE 23, RELATING TO LAW ENFORCEMENT AND PUBLIC SAFETY, BY ADDING SECTION 23-1-225 SO AS TO AUTHORIZE CERTAIN SUBSIDY PAYMENTS TO LOCAL LAW ENFORCEMENT AGENCIES FOR CRIME PREVENTION PROGRAMS; TO AMEND SECTION 24-21-80, RELATING TO PROBATIONERS AND PAROLEES SO AS TO REQUIRE A WEEKLY SUPERVISORY FEE TO BE PAID BY OFFENDERS UNDER CERTAIN SUPERVISION OF THE DEPARTMENT OF PAROLE AND COMMUNITY CORRECTIONS; TO AMEND SECTION 2-7-72, RELATING TO FISCAL IMPACT STATEMENTS, SO AS TO REQUIRE CERTAIN BILLS OR RESOLUTIONS AFFECTING CRIMES, OFFENSES, OR THE CRIMINAL JUSTICE SYSTEM TO HAVE A FISCAL IMPACT STATEMENT CONTAINING SPECIFIED INFORMATION; TO AMEND ACT 418 OF 1984, RELATING TO VICTIMS AND WITNESSES SO AS TO AUTHORIZE GARNISHMENT OF WAGES OR THE PLACING OF CIVIL LIENS ON PROPERTY TO ENFORCE ORDERS OF RESTITUTION; TO AMEND SECTION 24-3-40, RELATING TO PRISONERS SO AS TO PROVIDE FOR CERTAIN WITHHOLDING FROM THE WAGES OF PRISONERS WORKING AT PAID EMPLOYMENT IN THE COMMUNITY FOR THE PURPOSE OF SUPPORTING VICTIM ASSISTANCE PROGRAMS; TO AMEND SECTION 24-3-30, RELATING TO THE JURISDICTION OF THE DEPARTMENT OF CORRECTIONS SO AS TO REVISE THE SENTENCES OF IMPRISONMENT WHICH MUST BE SERVED AT THE LOCAL LEVEL, AND PROVIDE THAT EACH COUNTY MUST MAINTAIN A FACILITY SUITABLE FOR CONFINEMENT; TO AMEND SECTION 24-21-13, RELATING TO PROBATION, PAROLE AND PARDON SO AS TO AUTHORIZE THE PAROLE AND COMMUNITY CORRECTIONS BOARD TO DEVELOP POLICIES FOR PUBLIC SERVICE WORK PROGRAMS FOR CERTAIN OFFENDERS; TO AMEND ARTICLE 2, CHAPTER 23 OF TITLE 24, RELATING TO SENTENCING AND PROBATION PROCEDURES BY ADDING SECTION 24-23-115; TO AMEND SECTION 20-7-1350, RELATING TO FAMILY COURTS SO AS TO PROVIDE THAT FAMILY COURT JUDGES ARE EMPOWERED TO UTILIZE CERTAIN UNPAID PUBLIC SERVICE WORK AS A PUNISHMENT FOR CONTEMPT OF COURT; TO AMEND SECTION 24-13-210, RELATING TO CREDIT GIVEN CONVICTS FOR GOOD BEHAVIOR SO AS TO PROVIDE FOR GOOD BEHAVIOR CREDIT TO BE GIVEN TO PRISONERS INCARCERATED AT THE LOCAL LEVEL; TO AMEND SECTION 24-13-230, RELATING TO PRISONERS SO AS TO PROVIDE THAT INMATES SERVING SENTENCES IN LOCAL DETENTION FACILITIES SHALL EARN CREDITS AGAINST SENTENCE FOR PRODUCTIVE DUTY ASSIGNMENTS; TO AMEND SECTION 24-13-270, RELATING TO PRISONERS SO AS TO PROVIDE THAT THE DEPARTMENT OF CORRECTIONS AND LOCAL OFFICIALS MAY PERMIT THE RELEASE OF PRISONERS ON THE FIRST AND FIFTEENTH DAYS OF THE MONTH IN WHICH THEIR SENTENCES EXPIRE; AND TO REPEAL SECTION 17-25-90 RELATING TO THE REQUIRED PLACE TO SERVE CERTAIN SENTENCES; TO PROVIDE FOR A REVIEW OF THE EFFECTIVENESS OF THIS ACT BY THE BUDGET AND CONTROL BOARD PRIOR TO STATE FISCAL YEAR 1990-91.
The Senate returned to the House with amendments the following:
H. 3486 -- Rep. Gregory: A CONCURRENT RESOLUTION REQUESTING THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO NAME THE NEW HIGHWAY DEPARTMENT BUILDING ON SOUTH CAROLINA HIGHWAY 63 IN COLLETON COUNTY FOR HIGHWAY PATROLMAN WILLIE PEEPLES WHO WAS KILLED IN THE LINE OF DUTY JUNE 7, 1979.
Be it resolved by the House of Representatives, the Senate concurring:
That the Department of Highways and Public Transportation is requested to name the new Highway Department building on South Carolina Highway 63 in Colleton County for Highway Patrolman Willie Peeples who was killed in the line of duty June 7, 1979.
Be it further resolved that a copy of this resolution be forwarded to the Chief Highway Commissioner of the Department of Highways and Public Transportation.
The Senate amendments were concurred in and a message was ordered sent to the Senate accordingly.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 3703 -- Reps. Klapman, Felder, Sharpe and J.H. Burriss: A BILL TO PROVIDE THAT BEGINNING WITH TAX YEAR 1986, THERE IS NO LIMITATION ON THE NUMBER OF MILLS THAT MAY BE IMPOSED IN LEXINGTON COUNTY FOR THE BENEFIT OF THE FIRE DISTRICTS IN THE COUNTY.
Without reference.
H. 3704 -- Rep. Cooper: A BILL TO AMEND SECTION 40-25-150, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RENEWAL OF HEARING AID DEALERS AND FITTERS' LICENSES AND THE CONTINUING EDUCATION REQUIREMENTS IN ORDER TO MAINTAIN A LICENSE, SO AS TO REVISE THE MANNER IN WHICH THE COMMISSION OF HEARING AID DEALERS AND FITTERS APPROVES CONTINUING EDUCATION TRAINING PROGRAMS.
Referred to Committee on Labor, Commerce and Industry.
H. 3705 -- Reps. Toal, Taylor and T. Rogers: A BILL TO AMEND ARTICLE 7, CHAPTER 13, TITLE 8, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RULES OF CONDUCT FOR PURPOSES OF STATE ETHICS PROVISIONS OF LAW, BY ADDING SECTION 8-13-455 SO AS TO PROVIDE THAT A MEMBER OF A COUNTY GOVERNING BODY IS NOT DISQUALIFIED FROM VOTING ON THE APPROPRIATE TAX MILLAGE TO LEVY FOR SCHOOL PURPOSES IN THE COUNTY BECAUSE HE IS EMPLOYED BY A SCHOOL DISTRICT IN THE COUNTY.
Rep. TOAL asked unanimous consent to have the Bill place on the calendar without reference. Rep. HEARN objected.
Referred to Committee on Education and Public Works.
H. 3706 -- Reps. Keyserling, Sheheen, Huff and Freeman: A BILL TO ADOPT THE FEDERAL LOW-LEVEL RADIOACTIVE WASTE POLICY AMENDMENTS ACT OF 1985 IN ORDER TO EFFECTUATE THE STATE'S RESPONSIBILITY FOR MANAGEMENT AND DISPOSAL OF LOW-LEVEL RADIOACTIVE WASTE.
Referred to Committee on Judiciary.
S. 733 -- Senators Saleeby, Martin, Land, McLeod and Holland: A BILL TO ESTABLISH THE MOTOR VEHICLE THEFT AND MOTOR VEHICLE INSURANCE FRAUD REPORTING-IMMUNITY ACT, TO PROVIDE FOR THE EXCHANGE OF INFORMATION RELATING TO MOTOR VEHICLE THEFT OR MOTOR VEHICLE INSURANCE FRAUD BETWEEN AUTHORIZED GOVERNMENTAL AGENCIES AND INSURERS, TO PROVIDE FOR IMMUNITY FROM CIVIL AND CRIMINAL LIABILITY FOR THE EXCHANGES, TO PROVIDE FOR CONFIDENTIALITY, AND TO PROVIDE A PENALTY.
Referred to Committee on Judiciary.
S. 879 -- Senators Wilson and Setzler: A BILL TO AMEND SECTION 59-1-440, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MINIMUM HOURS AND USE OF THE SCHOOL DAY, SO AS TO PERMIT ABBREVIATED SCHOOL HOURS ON THE FINAL TWO DAYS OF THE SCHOOL YEAR.
Referred to Committee on Education and Public Works.
S. 941 -- Senator Ravenel: A BILL TO AMEND ACT 187 OF 1979, AS AMENDED, RELATING TO THE DUTIES OF THE STATE BOARD OF EDUCATION AND COMMISSION ON HIGHER EDUCATION WITH RESPECT TO TEACHER EDUCATION, SO AS TO DELETE THE REQUIREMENT THAT A STUDENT MAY TAKE THE BASIC SKILLS EXAMINATION NO MORE THAN THREE TIMES AND REQUIRE THAT THE TEST BE ADMINISTERED AT LEAST TWICE YEARLY.
Referred to Committee on Education and Public Works.
S. 961 -- Senator Shealy: A BILL TO AMEND ACT 512 OF 1984, AS AMENDED, (THE EDUCATION IMPROVEMENT ACT OF 1984), SO AS TO DELAY BY TWO YEARS, UNTIL 1988-89, THE REQUIREMENT FOR A PUPIL-TEACHER RATIO OF TWENTY-FIVE TO ONE OR LESS IN LANGUAGE ARTS AND MATHEMATICS CLASSES IN GRADES SEVEN THROUGH TWELVE IN SCHOOL DISTRICTS WITH A STUDENT POPULATION IN EXCESS OF NINE THOUSAND.
Referred to Committee on Education and Public Works.
S. 979 -- Banking and Insurance Committee: A BILL TO AMEND SECTIONS 38-5-680, 38-5-700, AND 38-13-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEPOSITS REQUIRED OF INSURANCE COMPANIES, TO CIRCUMSTANCES UNDER WHICH FOREIGN INSURERS ARE NOT REQUIRED TO MAKE DEPOSITS IN THIS STATE, AND TO THE FILING OF SURETY BONDS OR DEPOSITS OF SECURITIES BY SURETY COMPANIES, SO AS TO DELETE SURETY BONDS AS ACCEPTABLE SECURITY, TO INCREASE THE AMOUNT WHICH MUST BE DEPOSITED IN ANOTHER STATE FROM THREE HUNDRED THOUSAND DOLLARS TO ONE MILLION DOLLARS AND TO DEFINE AN "INSURANCE COMPANY" AS A LICENSED STOCK INSURER POSSESSED OF AT LEAST TEN MILLION DOLLARS INSTEAD OF THREE MILLION DOLLARS OF CAPITAL OR SURPLUS, TO INCREASE THE AMOUNT OF THE DEPOSIT REQUIRED OF SURETY COMPANIES FROM FIFTY THOUSAND DOLLARS TO ONE HUNDRED THOUSAND DOLLARS, AND TO DELETE THE REQUIREMENT THAT THE SURETY BOND BE APPROVED BY THE ATTORNEY GENERAL.
Referred to Committee on Labor, Commerce and Industry.
S. 984 -- Senators Dennis, Lindsay and Holland: A BILL TO AMEND SECTIONS 9-1-1020, 9-1-1180, 9-11-40, 9-11-210, ALL AS AMENDED, AND 9-1-650, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONTRIBUTIONS TO THE SOUTH CAROLINA RETIREMENT SYSTEM AND THE POLICE OFFICERS RETIREMENT SYSTEM, SO AS TO PROVIDE THAT BONUS AND INCENTIVE PAYMENTS OR OTHER PAYMENTS NOT PART OF THE REGULAR SALARY BASE ARE NOT COMPENSATION FOR WHICH CONTRIBUTIONS ARE DEDUCTIBLE, THAT CONTRIBUTIONS ARE DEDUCTIBLE ON PAY FOR UNUSED ANNUAL LEAVE, AND THAT THE AVERAGE FINAL SALARY UNDER EITHER THE SOUTH CAROLINA RETIREMENT SYSTEM OR THE POLICE OFFICERS RETIREMENT SYSTEM MAY BE USED FOR RETIREMENT BENEFIT CALCULATION UNDER BOTH SYSTEMS FOR CONSECUTIVE EARNED SERVICE CREDIT.
Referred to Committee on Ways and Means.
S. 985 -- Senators Dennis, Lindsay and Holland: A BILL TO AMEND SECTION 9-1-1710, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LUMP-SUM CONTRIBUTIONS BY A MEMBER OF THE SOUTH CAROLINA RETIREMENT SYSTEM TO BECOME ENTITLED TO CREDITABLE SERVICE FOR OUT-OF-STATE SERVICE, SO AS TO PROVIDE THAT A MEMBER WHO ELECTS TO RECEIVE CREDITABLE OUT-OF-STATE SERVICE MAY ESTABLISH A PORTION OF THE SERVICE ON A ONE-TIME BASIS.
Referred to Committee on Ways and Means.
S. 995 -- Fish, Game and Forestry Committee: A BILL TO AMEND SECTION 50-21-145, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NO WAKE ZONES AND SWIMMING RESTRICTIONS IN LAKES KEOWEE AND JOCASSEE, SO AS TO DELETE PROVISIONS RELATING TO NO WAKE ZONES; TO AMEND THE 1976 CODE BY ADDING SECTION 50-21-125 SO AS TO REQUIRE WATERCRAFT TO SLOW TO NO WAKE SPEED WHEN OPERATED WITHIN TWO HUNDRED FEET OF PUBLIC BOAT LANDINGS OR RAMPS.
Referred to Committee on Agriculture and Natural Resources.
The roll call of the House of Representatives was taken resulting as follows.
Schwartz Alexander Altman Anderson, J. Anderson, S. Arthur, J. Arthur, W. Aydlette Bailey, G. Bailey, K. Barfield Beasley Bennett Blackwell Blanding Boan Bradley, J. Brown, G. Brown, H. Brown, J. Brown, R. Burriss, J.H. Burriss, T.M. Carnell Chamblee Cleveland Cooper Cork Dangerfield Davenport Day Derrick Edwards Elliott Faber Fair Felder Foster Foxworth Freeman Gilbert Gordon Gregory Harris, J. Harris, P. Hawkins Hayes Hearn Helmly Hendricks, B. Hendricks, L. Holt Huff Johnson, J.W. Jones Kay Keyserling Kirsh Klapman Kohn Lake Limehouse Lockemy Mangum Martin, D. Martin, L. Mattos McAbee McBride McEachin McKay McLellan McLeod McTeer Mitchell Moss Neilson Nettles Ogburn Pearce Petty Phillips, L. Phillips, O. Rawl Rhoad Rice Rogers, J. Rogers, T. Russell Sharpe Sheheen Shelton Simpson Snow Taylor Thrailkill Toal Townsend Tucker Waldrop Washington Wilkins Williams Winstead
I came in after the roll call and was present for the Session on March 26, 1986.
Gene Stoddard Tee Ferguson Paul Short Mickey Burriss Parker Evatt Juanita M. White James C. Johnson Philip T. Bradley Rick Rigdon Alex Harvin Lenoir Sturkie Larry E. Gentry Charles L. Griffin III Tom G. Woodruff, Jr.
LEAVE OF ABSENCE
The SPEAKER granted Rep. MARCHANT a leave of absence for the day.
Rep. JOE E. BROWN signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Tuesday, March 18, 1986.
Rep. KOHN signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Wednesday, March 25.
Reps. M.D. BURRISS, HEARN and KOON signed a statement with the Clerk that they came in after the roll call of the House and were present for the Session on Thursday, March 20, 1986.
Reps. ALTMAN and HARVIN signed a statement with the Clerk that they came in after the roll call of the House and were present for the Session on Tuesday, March 25.
Announcement was made that John Dubose is the Doctor of the Day for the General Assembly.
The following Bills and Joint Resolutions were taken up, read the second time, and ordered to a third reading:
S. 1152 -- Senators Courson, Giese, Lourie and K. Patterson: A BILL TO AMEND AN ACT OF 1986 BEARING RATIFICATION NUMBER 350, RELATING TO THE ELECTION OF TRUSTEES OF RICHLAND COUNTY SCHOOL DISTRICT NOS. 1 AND 2 IN NONPARTISAN ELECTIONS, SO AS TO REVISE THE DATE ON WHICH THESE TRUSTEES SO ELECTED SHALL TAKE OFFICE.
H. 3697 -- Richland County Delegation: A BILL TO AMEND ACT 69 OF 1963 RELATING TO THE RICHLAND COUNTY HISTORIC PRESERVATION COMMISSION SO AS TO REVISE THE MANNER IN WHICH MEMBERS OF THE COMMISSION ARE APPOINTED.
H. 3698 -- Richland County Delegation: A BILL TO AMEND ACT 366 OF 1965 RELATING TO THE COLUMBIA MUSIC FESTIVAL ASSOCIATION SO AS TO REVISE THE MANNER IN WHICH THE MEMBERS OF THE ASSOCIATION ARE APPOINTED.
H. 3535 -- Rep. Lockemy: A BILL TO AMEND ARTICLE 7, CHAPTER 17, OF TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROCEDURES FOR JUDICIAL COMMITMENT, BY ADDING SECTION 44-17-660 SO AS TO PROVIDE THAT MONIES APPROPRIATED TO IMPLEMENT THE PROVISIONS OF ARTICLE 7, CHAPTER 17, OF TITLE 44 MAY BE PAID TO A STATE EMPLOYEE IF THE EMPLOYEE IS NOT PERFORMING HIS OFFICIAL DUTIES AS A STATE EMPLOYEE.
H. 3668 -- Agriculture and Natural Resources Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 46-21-260 AND 46-21-270 SO AS TO PROVIDE FOR ACTIONS AGAINST SEED DEALERS WHEN THE SEEDS THEY SELL DO NOT PRODUCE OR PERFORM AS REPRESENTED BY THEIR LABELS AND TO CREATE AN ARBITRATION COMMITTEE TO ASSIST FARMERS AND SEED DEALERS IN DETERMINING THE VALIDITY OF COMPLAINTS AND TO SET DAMAGES IF ANY.
Rep. WALDROP explained the Bill.
H. 3688 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF PHYSICAL THERAPY EXAMINERS, RELATING TO APPLICATION FOR LICENSURE (FOREIGN TRAINED APPLICANTS) AND FEES, DESIGNATED AS REGULATION DOCUMENT NUMBER 685, PURSUANT TO THE PROVISIONS OF ACT 176 OF 1977.
H. 3689 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF NURSING, RELATING TO FEES, DESIGNATED AS REGULATION DOCUMENT NUMBER 676, PURSUANT TO THE PROVISIONS OF ACT 176 OF 1977.
H. 3691 -- Reps. B.L. Hendricks, L. Martin and Simpson: A BILL TO AMEND SECTION 61-9-320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALIFICATIONS OF AND REQUIREMENTS FOR THE ISSUANCE OF A BEER OR WINE PERMIT, SO AS TO PROVIDE THAT THE ALCOHOLIC BEVERAGE CONTROL COMMISSION MAY CONSIDER GEOGRAPHIC DISTANCE TO RESIDENCES, SCHOOLS, CHURCHES, BUSINESSES, OR OTHER PLACES OR LOCATIONS, AND MAY DENY A PERMIT BASED ON DISTANCE ONLY.
H. 3692 -- Rep. Gregory: A JOINT RESOLUTION TO EXTEND THE SEASON FOR THE TAKING OF SHAD ANYWHERE ON THE EDISTO RIVER, FOR 1986 ONLY.
On motion of Rep. TOAL, with unanimous consent, it was ordered that S. 1152 be read the third time tomorrow.
On motion of Rep. TOAL, with unanimous consent, it was ordered that H. 3697 be read the third time tomorrow.
On motion of Rep. TOAL, with unanimous consent, it was ordered that H. 3698 be read the third time tomorrow.
On motion of Rep. LOCKEMY, with unanimous consent, it was ordered that H. 3535 be read the third time tomorrow.
On motion of Rep. WALDROP, with unanimous consent, it was ordered that H. 3668 be read the third time tomorrow.
On motion of Rep. B.L. HENDRICKS, with unanimous consent, it was ordered that H. 3691 be read the third time tomorrow.
On motion of Rep. GREGORY, with unanimous consent, it was ordered that H. 3692 be read the third time tomorrow.
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. 884 -- Senators J. Verne Smith, Horace C. Smith, McLeod, Leatherman, N. Smith, Theodore and Saleeby: A BILL TO AMEND CHAPTER 7 OF TITLE 20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CHILDRENS CODE, BY ADDING ARTICLE 21 SO AS TO ESTABLISH THE STATE COUNCIL ON MATERNAL, INFANT, AND CHILD HEALTH; TO PROVIDE FOR THE PURPOSES OF THE ARTICLE AND THE COUNCIL; TO PROVIDE FOR COUNCIL MEMBERSHIP, THE CHAIRMAN, TERMS, VACANCIES, AND COMPENSATION; TO PROVIDE FOR THE FUNCTIONS OF THE COUNCIL; AND TO PROVIDE FOR HOUSING, FUNDING, AND STAFFING OF THE COUNCIL.
The following Bills were taken up, read the third time, and ordered sent to the Senate.
H. 3430 -- Reps. Evatt, Wilkins and Beasley: A BILL TO AMEND SECTION 20-7-780, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONFIDENTIALITY OF JUVENILE RECORDS AND TO THE NONDISCLOSURE OF IDENTIFIABLE INFORMATION PERTAINING TO JUVENILES SO AS TO PERMIT THE DEPARTMENT OF YOUTH SERVICES TO PHOTOGRAPH JUVENILES IN ADDITION TO ITS AUTHORITY TO FINGERPRINT JUVENILES, TO ALLOW THE DEPARTMENT TO FURNISH THESE PHOTOGRAPHS AND FINGERPRINTS TO LAW ENFORCEMENT AGENCIES AND THE MISSING PERSONS INFORMATION CENTER FOR CERTAIN PURPOSES, AND TO DELETE OUTDATED REFERENCES TO THE DEPARTMENT OF JUVENILE PLACEMENT AND AFTERCARE.
H. 3107 -- Rep. Tucker: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-11-615 SO AS TO MAKE IT UNLAWFUL TO CULTIVATE OR ATTEMPT TO CULTIVATE MARIJUANA ON THE LAND OF ANOTHER AND TO PROVIDE A PENALTY.
Rep. LOCKEMY moved to reconsider the vote whereby the following Bill was given a second reading which was agreed to.
H. 3535 -- Rep. Lockemy: A BILL TO AMEND ARTICLE 7, CHAPTER 17, OF TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROCEDURES FOR JUDICIAL COMMITMENT, BY ADDING SECTION 44-17-660 SO AS TO PROVIDE THAT MONIES APPROPRIATED TO IMPLEMENT THE PROVISIONS OF ARTICLE 7, CHAPTER 17, OF TITLE 44 MAY BE PAID TO A STATE EMPLOYEE IF THE EMPLOYEE IS NOT PERFORMING HIS OFFICIAL DUTIES AS A STATE EMPLOYEE.
Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc. No. 3094R), which was adopted.
Amend the bill, as and if amended, in Section 44-17-660 of the 1976 Code, as contained in SECTION 1, page 1, on line 4, by inserting after /employee/ /and is not a full-time state employee/ so that when amended Section 44-17-660 shall read:
/Section 44-17-660. Monies appropriated to implement the provisions of this article may be paid to a state employee if the employee is not performing his duties as a state employee and is not a fulltime state employee./
Amend title to conform.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up.
H. 3671 -- Agriculture and Natural Resources Committee: A BILL TO AMEND SECTIONS 50-9-10, 50-9-120, 50-9-130, 50-9-150, 50-9-450, 50-9-460, 50-9-470, 50-9-500, ALL AS AMENDED, AND SECTIONS 50-9-15, 50-9-135, 50-9-140, AND 50-9-860, CODE OF LAWS OF SOUTH CAROLINA, 1976, ALL RELATING TO HUNTING AND FISHING LICENSES, GAME MANAGEMENT AREA PERMITS, SO AS TO IMPOSE OR INCREASE FEES; AND TO AMEND THE 1976 CODE BY ADDING SECTIONS 50-9-145, 50-9-455, AND ARTICLE 8 TO CHAPTER 11 OF TITLE 50, SO AS TO PROVIDE PENALTIES FOR ABUSE OF WILDLIFE MANAGEMENT AREA LANDS AND IMPROVEMENTS ON THEM.
Rep. PEARCE explained the Bill.
Reps. OGBURN, BLACKWELL, HOLT, FABER, WINSTEAD, P. HARRIS, TUCKER, KIRSH, KLAPMAN, SIMPSON, J. ARTHUR, O. PHILLIPS, WASHINGTON, DAY and G. BAILEY objected to the Bill.
The following Bill was taken up.
H. 3563 -- Reps. Hearn, M.D. Burriss and Toal: A BILL TO REQUIRE MUNICIPALITIES, COUNTIES, AND SPECIAL PURPOSE DISTRICTS TO ADOPT PROCUREMENT CODES BY JULY 1, 1987, THAT INCLUDE REIMBURSEMENT PROVISIONS IN CASES OF APPEALS SUBSTANTIALLY SIMILAR TO THOSE INCLUDED IN THE SOUTH CAROLINA CONSOLIDATED PROCUREMENT CODE AND TO SUSPEND AID TO SUBDIVISIONS DISTRIBUTIONS TO A MUNICIPALITY OR COUNTY AFTER JUNE 30, 1987, UNLESS THE DIVISION OF GENERAL SERVICES OF THE STATE BUDGET AND CONTROL BOARD CERTIFIES THAT THE MUNICIPALITY OR COUNTY HAS A COMPLYING CODE AND TO SUSPEND AUTHORITY FOR A SPECIAL PURPOSE DISTRICT TO LEVY TAXES OR IMPOSE FEES AFTER JUNE 30, 1987, UNLESS THE DIVISION CERTIFIES TO THE CHAIRMAN OF THE GOVERNING BODY OF THE DISTRICT THAT THE DISTRICT HAS A COMPLYING CODE.
Rep. TOAL made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
H. 3685 -- Reps. Fair, Mattos, Brett and Hayes: A BILL TO AMEND SECTION 61-3-490, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REQUIRED NEWSPAPER NOTICES OF INTENTION TO APPLY FOR ALCOHOLIC LIQUOR LICENSES, SO AS TO PROVIDE THAT THE CONTENTS OF THIS NEWSPAPER NOTICE MUST ALSO BE POSTED ON A SIGN AT LEAST TWO FEET BY TWO FEET IN SIZE IN A CONSPICUOUS PLACE AT THE LOCATION OF THE PROPOSED BUSINESS FOR A PERIOD OF THIRTY DAYS PRECEDING THE SUBMISSION OF THE APPLICATION FOR A LICENSE; AND TO AMEND ARTICLE 3, CHAPTER 9 OF TITLE 61 BY ADDING SECTION 61-9-485 SO AS TO PROVIDE THAT THE NOTICE REQUIREMENTS PERTAINING TO APPLICATIONS FOR ALCOHOLIC LIQUOR LICENSES CONTAINED IN SECTION 61-3-490 ALSO APPLY TO BEER, ALE, PORTER, OR WINE PERMIT APPLICATIONS FOR ON-PREMISES CONSUMPTION.
Rep. BLACKWELL proposed the following Amendment No. 1, which was adopted.
Amend as and if amended.
Add at the end of Section 1, "This notice must clearly indicate to a person passing on the public street that an action for a license has been filed."
Rep. BLACKWELL explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. BLACKWELL, with unanimous consent, it was ordered that H. 3685 be read the third time tomorrow.
The following Bill was taken up.
H. 3701 -- Education and Public Works Committee: A BILL TO ENACT THE SOUTH CAROLINA EMPLOYMENT REVITALIZATION ACT OF 1986 BY ADDING SECTION 59-5-61 TO THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO PROVIDE FOR THE RESPONSIBILITY OF THE STATE BOARD OF EDUCATION IN REGARD TO SECONDARY OCCUPATIONAL VOCATIONAL EDUCATION; TO AMEND SECTION 59-43-20, RELATING TO THE POWERS OF THE STATE BOARD OF EDUCATION IN REGARD TO ADULT EDUCATION, SO AS TO FURTHER PROVIDE FOR THESE POWERS; TO AMEND SECTION 59-53-10, AS AMENDED, RELATING TO THE MEMBERSHIP OF THE STATE BOARD FOR TECHNICAL AND COMPREHENSIVE EDUCATION, SO AS TO ADD TWO AT-LARGE MEMBERS TO THE BOARD, TO PROVIDE THAT THE STATE COUNCIL ON VOCATIONAL AND TECHNICAL EDUCATION SHALL ALSO SERVE AS THE STATE OCCUPATIONAL TRAINING ADVISORY COMMITTEE WITH SPECIFIED RESPONSIBILITIES, TO REQUIRE EACH AREA OCCUPATIONAL ADVISORY COMMITTEE TO MAKE PROGRESS REPORTS TO THE STATE OCCUPATIONAL TRAINING ADVISORY COMMITTEE, AND PROVIDE FOR CERTAIN FUNCTIONS OF THE ADVISORY COMMITTEE; TO AMEND SECTION 59-53-20, AS AMENDED, RELATING TO THE AUTHORITY OF THE STATE BOARD FOR TECHNICAL AND COMPREHENSIVE EDUCATION OVER STATE-SUPPORTED TECHNICAL INSTITUTIONS AND PROGRAMS, SO AS TO FURTHER PROVIDE FOR THIS AUTHORITY WITH REGARD TO CERTAIN OCCUPATIONAL AND TECHNICAL TRAINING FOR ADULTS; TO AMEND SECTION 59-53-40, AS AMENDED, RELATING TO COORDINATION BY THE STATE BOARD FOR TECHNICAL AND COMPREHENSIVE EDUCATION WITH THE COMMISSION ON HIGHER EDUCATION, SO AS TO PROVIDE THAT THE BOARD AND THE LOCAL AREA COMMISSIONS SHALL INSURE COORDINATION AMONG PUBLIC AND PRIVATE ENTITIES TO MEET LOCAL TECHNICAL EDUCATION AND TRAINING NEEDS AND TO DELETE CERTAIN LANGUAGE OF THE SECTION; TO AMEND SECTION 59-53-50, AS AMENDED, RELATING TO OTHER POWERS AND DUTIES OF THE STATE BOARD FOR TECHNICAL AND COMPREHENSIVE EDUCATION, SO AS TO GRANT TO THE BOARD CERTAIN ADDITIONAL POWERS AND DUTIES; TO AMEND SECTION 59-53-57, RELATING TO STATE FUNDING FOR THE TECHNICAL EDUCATION SYSTEM, SO AS TO STIPULATE HOW CERTAIN MONIES APPROPRIATED FOR SHORT-TERM AND INNOVATIVE TRAINING MUST BE USED AND TO CREATE A PRIVATE JOB TRAINING REVIEW COMMITTEE AND PROVIDE FOR ITS FUNCTIONS; TO ESTABLISH AN AREA OCCUPATIONAL TRAINING ADVISORY COMMITTEE FOR EACH OF THE SERVICE AREAS PRESENTLY ESTABLISHED FOR THE VARIOUS TECHNICAL COLLEGES AND TO PROVIDE FOR THE MEMBERSHIP, FUNCTIONS, AND EXPENSES OF THESE AREA ADVISORY COMMITTEES AND FOR A TWO-YEAR DURATION OF EACH; TO PROVIDE THAT EACH LOCAL TECHNICAL COLLEGE COMMISSION AND LOCAL SCHOOL BOARDS WITHIN THE SERVICE AREA SHALL ENTER INTO CERTAIN MEMORANDA OF AGREEMENT FOR COOPERATION AND COORDINATION AND TO PROHIBIT ANY TECHNICAL COLLEGE COMMISSION OR LOCAL SCHOOL BOARD WHICH HAS NOT ENTERED INTO A MEMORANDA OF AGREEMENT WITHIN TWO YEARS OF THE EFFECTIVE DATE FROM RECEIVING CERTAIN STATE FUNDS UNTIL SUCH TIME AS A MEMORANDA OF AGREEMENT HAS BEEN ENTERED INTO, AND TO PROVIDE THAT EACH STATE AGENCY OFFERING VOCATIONAL, TECHNICAL, OCCUPATIONAL, OR ADULT BASIC AND SECONDARY EDUCATION SHALL INCLUDE IN ITS ANNUAL REPORT CERTAIN INFORMATION.
Rep. BLACKWELL made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
H. 3279 -- Ways and Means Committee: A BILL TO AMEND ACT 1377 OF 1968, AS AMENDED, RELATING TO THE ISSUANCE OF STATE CAPITAL IMPROVEMENT BONDS, SO AS TO AUTHORIZE FUNDS FOR PRISON CONSTRUCTION AND RENOVATIONS REQUIRED BY THE NELSON SETTLEMENT, TO PROVIDE THAT A COMBINATION OF CAPITAL FUND MONIES AND GENERAL OBLIGATION BONDS MUST BE USED FOR THE FUNDS, AND TO REQUIRE THE FUNDS TO BE RELEASED PURSUANT TO THE NELSON SETTLEMENT DEADLINES; TO AMEND SECTION 11-11-430, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STATE BONDS AND THE LIMITATION OF GENERAL REVENUES WHICH CAN BE USED FOR DEBT SERVICE, SO AS TO DELETE THE PROVISION REQUIRING THE LIMITATION TO DECREASE EACH FISCAL YEAR AND TO REQUIRE THE DEBT SERVICE EXPENDITURES FOR GENERAL OBLIGATION BONDS TO BE NO MORE THAN TWO AND ONE-HALF PERCENT OF THE GENERAL FUND OF THE PRIOR FISCAL YEAR BY FISCAL YEAR 1992-93; TO AMEND SECTION 11-11-310, AS AMENDED, RELATING TO LIMITATIONS ON ANNUAL APPROPRIATIONS, SO AS TO DELETE THE PROVISION AUTHORIZING REVENUES IN THE CAPITAL EXPENDITURE FUND TO BE APPROPRIATED FOR RETIRING BONDED INDEBTEDNESS OR FOR AVOIDING THE ISSUANCE OF BONDS AND TO REQUIRE THE REVENUE GENERATED FROM THE TWO AND ONE-HALF PERCENT CAPITAL EXPENDITURE FUND TO BE APPLIED TOWARD PRISON CONSTRUCTION WITH ANY EXCESS REVENUE TO BE USED TO FINANCE PROJECTS AUTHORIZED BY THE GENERAL ASSEMBLY; AND TO REQUIRE CAPITAL IMPROVEMENT PROJECTS TO BE SCHEDULED FOR FINANCING ACCORDING TO PRIORITY AS DETERMINED BY THE JOINT BOND REVIEW COMMITTEE.
Rep. SHEHEEN proposed the following Amendment No. 1, which was adopted.
Amend as and if amended.
Section 4 by striking the same.
Rep. SHEHEEN explained the amendment.
Rep. SHEHEEN continued speaking.
Rep. McABEE spoke against the amendment and moved to table the amendment.
Rep. SHEHEEN demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Schwartz Anderson, S. Arthur, J. Blackwell Carnell Evatt Gordon Harris, J. Harris, P. Hearn Holt Huff Johnson, J.C. Kay Mangum McAbee McLellan McTeer Phillips, O. Stoddard Tucker
Those who voted in the negative are:
Alexander Altman Anderson, J. Arthur, W. Aydlette Bailey, G. Barfield Blanding Boan Bradley, J. Bradley, P. Brown, H. Brown, J. Brown, R. Burriss, J.H. Burriss, T.M. Chamblee Cleveland Cooper Cork Davenport Day Derrick Edwards Elliott Fair Foxworth Freeman Gilbert Gregory Hawkins Hayes Hendricks, B. Hendricks, L. Johnson, J.W. Keyserling Kirsh Klapman Koon Lake Limehouse Lockemy Martin, D. Martin, L. Mattos McEachin McKay Moss Neilson Nettles Ogburn Pearce Petty Phillips, L. Rice Rogers, J. Rogers, T. Sheheen Shelton Short Simpson Snow Toal Townsend Waldrop Wilkins Winstead
So, the House refused to table the amendment.
The question then recurred to the adoption of the amendment, which was agreed to.
Rep. SHEHEEN proposed the following Amendment No. 2, which was later adopted.
Amend as and if amended.
Section 2 by striking $160,000,000 and substituting therefor $96,000,000.
Rep. SHEHEEN explained the amendment.
Rep. TOAL spoke upon the amendment and moved to adjourn debate upon the amendment which was adopted.
Rep. SHEHEEN proposed the following Amendment No. 3, which was adopted.
Amend as and if amended.
By striking Section 3.
Rep. SHEHEEN explained the amendment.
The amendment was then adopted.
Reps. BLANDING, TOAL, EVATT, K. BAILEY, GORDON, WASHINGTON, BEASLEY, J. ROGERS, WHITE, FABER, G. BAILEY, GILBERT, BENNETT, T. ROGERS, McEACHIN, GRIFFIN, FOSTER, MITCHELL, RHOAD, TAYLOR, ELLIOTT, G. BROWN, OGBURN, W. ARTHUR, CHAMBLEE, HAWKINS, JONES, WALDROP, GREGORY, J. BRADLEY and O. PHILLIPS and proposed the following Amendment No. 4 (Doc. No. 3329R), which was adopted.
Amend the bill, as and if amended, by striking the first proviso in SECTION 2 on page 3 and inserting:
/The funds authorized above for prison construction and renovations required by the Nelson prison overcrowding settlement must be only one or more of the following: capital fund monies, general obligation bonds, or lease-purchase agreements as determined by the Joint Bond Review Committee and the Budget and Control Board, but the total of all methods must not exceed the amount authorized hereinabove./
Amend further, page 3, by adding at the end of SECTION 1:
/(E) It is further recommended that funds be made available through the issuance of leasepurchase agreements which would permit the lease back of prison facilities between public or quasi-public entities. The additional proceeds, provided by a lease-purchase arrangement offering shall compliment the cash and general obligation bond proceeds to insure that the State is afforded every opportunity to meet the requirement of the Nelson settlement./
Amend title to conform.
Rep. BLANDING explained the amendment.
Rep. McABEE spoke against the amendment.
Rep. TOAL asked unanimous consent to amend the amendment at the desk, which was agreed to.
Rep. TOAL explained the amendment.
The amendment was then adopted.
Debate was resumed on Amendment No. 2, which was introduced on Wednesday, March 26, by Rep. SHEHEEN.
Rep. McABEE spoke against the amendment.
Rep. SHEHEEN spoke in favor of the amendment.
Rep. McABEE moved to table the amendment which was not agreed to.
The question then recurred to the adoption of the amendment which was agreed to.
The question then recurred to the passage of the Bill, as amended, on second reading.
Pursuant to Rule 7.7 the Yeas and Nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander Altman Anderson, S. Arthur, W. Aydlette Bailey, G. Bailey, K. Barfield Bennett Blackwell Blanding Boan Bradley, J. Bradley, P. Brown, H. Brown, J. Brown, R. Burriss, J.H. Burriss, T.M. Carnell Chamblee Cooper Cork Dangerfield Davenport Day Derrick Edwards Evatt Faber Fair Felder Ferguson Foxworth Freeman Gilbert Gordon Gregory Harris, J. Harris, P. Harvin Hawkins Hayes Hearn Helmly Hendricks, B. Holt Huff Johnson, J.C. Johnson, J.W. Kay Keyserling Kirsh Lake Limehouse Mangum Martin, D. Martin, L. Mattos McAbee McBride McEachin McKay McLeod McTeer Moss Nettles Pearce Petty Phillips, L. Phillips, O. Rawl Rhoad Rice Rogers, T. Russell Sharpe Sheheen Shelton Short Simpson Thrailkill Toal Townsend Tucker Waldrop Washington White Wilkins Williams Winstead
Those who voted in the negative are:
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. McABEE, with unanimous consent, it was ordered that H. 3279 be read the third time tomorrow.
Please let the Record indicate my failure to vote on H. 3279 because my Company may bid on construction of prisons and this could be viewed by some as a conflict of intrest.
Thank You,
Rep. MICKEY BURRISS
The SPEAKER Pro Tempore granted Rep. ALEXANDER a temporary leave of absence.
Rep. BLACKWELL moved that at the conclusion of the Joint Assembly, the House stand in recess until 2:30, which was agreed to.
The following Bill was taken up.
H. 3283 -- Ways and Means Committee: A BILL TO AMEND ACT 1377 OF 1968, AS AMENDED, RELATING TO THE ISSUANCE OF CAPITAL IMPROVEMENT BONDS, SO AS TO AUTHORIZE THE ISSUANCE OF ADDITIONAL BONDS, TO INCREASE THE LIMITATION ON THE MAXIMUM AGGREGATE PRINCIPAL INDEBTEDNESS OF THE STATE; TO REQUIRE MONIES PREVIOUSLY AUTHORIZED FOR PARKS, RECREATION AND TOURISM BE EXPENDED ON IMPROVEMENTS AT MYRTLE BEACH INSTEAD OF ON A SWIMMING POOL; TO REALLOCATE MONIES PREVIOUSLY AUTHORIZED FOR THE MUSEUM COMMISSION TO THE BUDGET AND CONTROL BOARD FOR THE MOUNT VERNON MILL SITE DEVELOPMENT; TO AMEND ACT 518 OF 1980, AS AMENDED, RELATING TO THE ISSUANCE OF STATE CAPITAL IMPROVEMENT BONDS, SO AS TO DELETE THE AUTHORITY OF THE DEPARTMENT OF MENTAL HEALTH TO FINANCE VARIOUS PROJECTS FROM SURPLUS PAYING PATIENT FEE DEBT SERVICE FUNDS; TO REQUIRE THE JOINT BOND REVIEW COMMITTEE TO SCHEDULE THE AUTHORIZATIONS, AS PROVIDED IN THIS ACT, INTO THE STATEWIDE CAPITAL IMPROVEMENTS PRIORITY SCHEDULE; AND TO AMEND ACT 194 OF 1979, AS AMENDED, RELATING TO THE ISSUANCE OF STATE CAPITAL IMPROVEMENT BONDS, SO AS TO AUTHORIZE THE BOARD OF TRUSTEES OF WINTHROP COLLEGE TO DEFINE PAID ADMISSIONS BY WRITTEN POLICY WITH AN EXCEPTION, AND TO DELETE THE AUTHORITY OF THE COLLEGE TO LEVY AN ADMISSIONS FEE.
Rep. McABEE explained the Bill.
Rep. McABEE proposed the following Amendment No. 1 (Doc. No. 1496R), which was adopted.
Amend the bill, as and if amended, by striking /705,000/ and inserting /2,112,534/ opposite /1. Waste treatment plant improvements/, as contained in subitem 5), Section 1, page 3.
Amend totals and title to conform.
Rep. McABEE explained the amendment.
The amendment was then adopted.
Rep. J. ROGERS proposed the following Amendment No. 2 (Doc. No. 1968R).
Amend the bill, as and if amended, by striking subitem (29) as contained on lines 18 through 26 on page 8 and inserting:
/(29) Aeronautics Commission
1. Airport Improvements $2,000,000.00
Provided, that these funds authorized for "Airport Improvements" must be allocated to specific projects and then scheduled in the statewide capital improvements priority group schedule by the Joint Bond Review Committee.
2. Directional Landing System for Marlboro Airport $ 200,000.00
TOTAL, Aeronautics Commission $2,200,000.00/.
Amend totals and title to conform.
Rep. McABEE moved to adjourn debate upon the amendment, which was adopted.
Reps. HARVIN, K. BAILEY and FELDER proposed the following Amendment No. 3 (Doc. No. 3110R), which was later tabled.
Amend the bill, as and if amended, p. 7, by striking lines 14 through 22 and inserting:
/25) Parks, Recreation and Tourism
1. Renovations/Improvements $6,000,000
2. Refurbishing of the Santee
Welcome Center 35,000
TOTAL, Parks, Recreation and
Tourism $6,035,000
Provided, That the funds authorized above for "Renovations/Improvements" must be allocated to specific projects and then scheduled in the statewide capital improvements priority group schedule by the Joint Bond Review Committee./.
Amend totals and title to conform.
Rep. McABEE moved to adjourn debate upon the amendment which was adopted.
Rep. McABEE moved to reconsider the vote whereby debate was adjourned on Amendment No. 3 which was agreed to.
Debate was resumed on Amendment No. 3, by Reps. HARVIN, K. BAILEY and FELDER.
Rep. HARVIN explained the amendment.
Rep. McABEE spoke against the amendment.
Rep. HARVIN spoke in favor of the amendment.
Rep. McABEE moved to table the amendment which was agreed to.
Rep. McEACHIN proposed the following Amendment No. 4 (Doc. No. 3353R).
Amend the bill, as and if amended, in Section 1 by inserting immediately after line 8 on page 7 the following:
/Provided, further, that the Show and Sale Arena authorized in this subitem must be located in the Pee Dee area of this State. The Pee Dee area for purposes of this proviso means the counties or portions thereof in the sixth congressional district./
Renumber sections to conform.
Amend title to conform.
Rep. McEACHIN explained the amendment.
Rep. WALDROP moved to adjourn debate upon the amendment.
Rep. GILBERT moved to table the motion which was agreed to.
Rep. KLAPMAN moved that the HOUSE stand at ease until the Joint Assembly, which was agreed to.
Further proceedings were interrupted by the House standing at ease, the pending question being consideration of Amendment No. 4.
At 12:00 Noon the Senate appeared in the Hall of the House.
The President of the Senate called the Joint Assembly to order and announced that it had convened under the terms of a Concurrent Resolution adopted by both Houses.
The Reading Clerk of the House read the following Concurrent Resolution:
H. 3402 -- Invitations and Memorial Resolutions Committee: A CONCURRENT RESOLUTION INVITING THE HONORABLE DALE RENAUD, NATIONAL COMMANDER OF THE AMERICAN LEGION, TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION AT 12:00 NOON ON WEDNESDAY, MARCH 26, 1986.
The Honorable H. Dale Renaud, National Commander of the American Legion and distinguished party were escorted to the rostrum by Governor Richard W. Riley and Senators Hinson, Courson and Drummond and Representatives COOPER, KLAPMAN and WILLIAMS.
The President of the Senate recognized Governor Richard W. Riley who introduced the honored guest as follows:
Gov. Riley:
"Mr. President, Mr. SPEAKER Pro Tempore, members of this Joint Assembly, my friends, I see the representatives of the American Legion here, the Gold mothers and others; you are so welcome here in the State House, from all the members of the House and Senate and from myself. I want to, if I might, present some of the special guests, Mr. President and Mr. SPEAKER, before introducing the National Commander. I'd like for them all to stand, and upon completion, to recognize them. Department Commander R.M. Singletary, Jr., Cross, South Carolina; National Executive Committeeman E. Roy Stone, Jr. of Greenville; National President of the American Legion Auxiliary, Ms. Josie Melgard, Readley, California; the National President, Mrs. Hugh Wingard, Lexington, South Carolina; Detachment Commander, Sons of the American Legion, Scott Jordan, Sumter, South Carolina; National Vice-Commander, B. L. Black of Saluda.
It's been my privilege each year since I've had the good fortune of being Governor to introduce to this Joint Assembly the National Commander of the American Legion. As you and I know, this is our nation's largest veteran's organization. This year, of course, is no exception; again, it's my honor and yours to join with this distinguished American.
Our guest today is National Commander Dale L. Renaud of Bondurant, Iowa. Commander Renaud has been an active Legionnaire for almost thirty years. Previous to his election as National Commander last August, he served both as Chairman of the American Legion's National Americanism Commission and as National Executive Committeeman. Dale Renaud was State Commander of the Iowa American Legion in 1971 and 1972. He is a life member of the Samuel H. Bridge Post 396 in Bondurant. Commander Renaud is a U.S. Coast Guard veteran of the Korean War, where he served 26 months overseas as an Underwater Sound First Class Petty Officer. I know, as a naval officer, we all knew that the Chiefs and the First Class Petty Officers ran the show, and he was one of those people. Following his discharge from active duty in 1956, he was a production supervisor for the Quaker Oats Company. Currently, he is President of the McRae-Renaud Agency in Bondurant in West Des Moines. Dale Renaud is an active Mason, member of the Lions Club, and he has been Chairman of the Iowa American Legion Boys State for the past eighteen years. He is married, and he and his wife, Pat, are the parents of two daughters and a son. Now, as Governor of the state, representing all people in the state who appreciate our veterans so very much, it gives me great pleasure to present to this Joint Assembly and to welcome to South Carolina, the American Legion National Commander, Dale Renaud."
Commander Renaud:
"Thank you very much. Governor Riley, Mr. President, Mr. SPEAKER, members of the South Carolina Legislature, distinguished guests, fellow Legionnaires....It is a genuine pleasure for me to be with you this afternoon, to continue the admirable tradition of addressing the South Carolina Legislature.
I would begin by thanking you for this opportunity and for your time and effort to listen to issues which face America's veterans, and indeed South Carolina veterans. You are to be commended for your concern.
Before we begin, I have the extreme pleasure of introducing to you a group of Gold Star mothers who are with us today. Gold Star mothers, would you stand?
My message to you this afternoon is a serious one and concerns two issues of vital importance to the American Legion. One focuses on events occurring in Central America, the other on the threats to the Veterans Administration budget, and particularly that of veterans' health care.
I recently returned from my second journey to Central and Latin America. The visits included stops in Costa Rica, El Salvador, Guatemala, Mexico and Panama. You may be sitting there asking yourself: 'Just what is the National Commander of the American Legion doing in Central America?'
We all know just how important the integrity of our borders is to our first priority - national security. And you, probably better than most, know that our neighbors to the south are having a pretty tough time right now. Part of my job as National Commander is to see whether or not those administration policies, which are in accordance with American Legion mandates, are effective.
The recent vote in the House of Representatives which denies U.S. aid to Nicaraguan freedom fighters shows a lapse of courage on the part of our elected legislators and imperils U.S. efforts to demonstrate our national resolve to totalitarian governments.
The American Legion will continue to support United States foreign policy which opposes the Marxist-Leninist government of Nicaragua and which provides whatever legitimate means necessary to achieve a government chosen by the people.
My trips, and those of my predecessors, to the region confirm the United States' prudent policy of long-term security and economic aid to freedomloving people in Central America.
It's a crying shame that Congress won't recognize its responsibility to act in a bipartisan fashion. Instead, lack of support for President Reagan's proposal only demonstrates that Congress will allow another government to decide U.S. foreign policy.
May I remind you that from here in Columbia, South Carolina, to Managua, Nicaragua, is 220 air miles less than from here to Salt Lake City, Utah, which leaves a lot of American territory farther away from here than Nicaragua - places like Seattle, Portland and San Diego. This is something I am afraid that those who oppose our position fail to realize.
A second issue concerns threats to the Veterans Administration budget, and particularly to veterans' health care. Let me explain, because I would like to draw some parallels for you, and put the nature of the beast into perspective.
Because if the worst situation comes to pass, and if we of the American Legion don't have the numbers to reverse its course, every veteran in America, and indeed every citizen in America, will be paying the price.
Let me begin with a brief bit of history:
It's 1919, the First World War has ended, and there are returning veterans who are desperately in need of health and rehabilitation care, but there is none. Vets are farmed out on a piecemeal basis. The government has no single mechanism in place to handle their needs. Well, the American Legion, in its first years, worked ceaselessly to create that mechanism, and finally, the Veterans Bureau was established. It didn't completely solve the problem, but it was far better than anything else which had existed.
Now the year is 1933. America is in the depths of a Depression and every government spending program is under the microscope of the public eye. Suddenly Americans are demanding health and rehabilitation care for veterans be done away with, and as a result, there was enacted legislation which was called the Economy Act of 1933.
Through American Legion efforts, Congress, in 1934, enacted further legislation which restored veterans' benefits. Franklin Roosevelt vetoed it. Congress, under American Legion pressure, overrode his veto.
Now let's go forward a few years to 1944 and 1945, and look at another significant piece of veterans legislation - the GI Bill of Rights. Included in that act were provisions for veterans' health care and rehabilitation.
But, even as early as 1945, there was a severe patient load in the VA system as it then existed, and there was serious discussion about suspending care for the veteran disabled not a result of service. Again, the American Legion fought for complete enforcement of statutes on the books which entitled all veterans to their earned and rightful benefits.
Then, of course, came Korea in the early 1950's, and then in 1965 the government tried to close about 31 VA centers and other government facilities. Again the American Legion acted on behalf of the nation's veterans. We fought the attempt, and in the process, we saved 15 VA regional offices.
At this point, I'll also add that a very important principle emerged as a result of that fight - the principle of at least one VA regional office in every state in order to adequately serve all veterans.
Now we move through Vietnam and arrive at 1986 along with Gramm-Rudman-Hollings and mandatory budget ceilings, and I think you are beginning to see a fact which is becoming more and more chillingly apparent, a cycle which began with the end of World War I. I pause here to state that Senator Hollings has publicly stated that he is against balancing the budget on the backs of the veterans, and that he is against any cuts in the VA hospital program.
1919 was the end of World War I; 13 years later, the Economy Act of 1933.
1945--the end of World War II with still yet another move to suspend health and rehabilitation care to certain veterans, 12 years after 1933.
1965--the move to close 31 VA facilities, 12 years after Korea.
And now, 1986--drastic threats to VA funding and health care, 13 years after Vietnam.
The pure fact of the matter is that it takes only slightly more than a decade for government to forget the veteran, even though there are veterans who have spent their entire post-war lives--some more than 40 years--in VA hospitals and in constant need of VA health care. The sad truth is that the farther away from war this nation moves, the recollection of veterans sacrifices grows more dim.
Allow me to quote briefly from a unanimous judgement of the United States Supreme Court. 'Veterans have been obliged to drop their own affairs and take up the burdens of the nation, subjecting themselves to the mental and physical hazards as well as the economic and family detriments which are peculiar to military service and which do not exist in normal civil life. Our country has a long standing policy of compensating veterans for their past contributions by providing them with numerous advantages. This policy has always been deemed to be legitimate.'
That opinion, handed down by Supreme Court Justice William Rehnquist in a landmark 1983 case, reaffirms the right of America's veterans, through organized efforts, to consult and confer with the government, to influence the course of public policy and to be heard on the vital issues of the nation while enjoying the fruits of a special status earned in service to the nation.
Now, how does this affect you? Well, let's take a look. With monetary cutbacks in VA health care, less patient care would be available. Less patient care, more turnaways. More turnaways, more patients who would have to be taken care of in the private sector.
Where does the money come from for this additional patient load? That's right, from each of you here today, and from every other American.
In fact, I wonder if your citizens realize just how much money is saved every year because of American Legion veterans affairs and rehabilitation programs throughout this nation.
Let me list a few statistics for you, and these are just from one 12-month period:
330,000 rehabilitation cases handled on a volunteer basis in 1984-85;
45,500 veterans authorized American Legion Post service officers to represent them, free of charge;
$1.1 million in emergency aid to veterans was donated;
965,000 volunteer hours - that's equivalent to 460 full-time employees - were spent in VA medical centers; and,
$1 million was donated through the veterans hospital voluntary service program.
Ladies and gentlemen, these figures reflect the activities of just over half the American Legion posts throughout the nation, and we haven't even taken American Legion auxiliary programs into account. And yet, with of this donated time and money nationwide, in 1985 the number of veterans turned away from VA clinics jumped 60 percent, from an average of 21,000 per month in 1984 to 37,000 per month in 1985. With that in mind, just imagine the impact of reduced health care.
Now, a thing called a 'means test' has been proposed to screen out veterans who may be able to afford other avenues of health care, and perhaps streamline the efficiency of the VA health system.
But also consider that right now only 10 percent of all veterans eligible to receive hospitalization use the VA system, and they are by far the poorest, the sickest and the oldest of the veteran population. And, here's another thought. Under the current proposal, no longer would non-service connected disabled veterans over sixty-five be able to avail themselves of VA care without going through the means test.
Just put yourself in this situation: You're 72 years old, dizzy, wracked with pain, and need help. You walk into the local VA and want to be examined. Fine. But first you have to fill out six pages of forms, including statements about your net worth, including the value of your real property, the assets you have in stocks and bonds, social security income, earnings you had from January first to date, expected earnings for the rest of the year, and anticipated earnings for the coming year, not to mention trying to calculate how far you are in debt. Now, you take that handful of forms, a pencil, go over to that cubicle over there, and come back when you're finished.
I ask you, is this frail 72-year-old veteran going to go through all that? If he does, he may well die before the paperwork is filled out. If he doesn't, he'll simply go home and die. The end result is going to be the same. It's unfair and it's unacceptable.
Now, let's move from the hypothetical to reality. I received a letter recently from the sister-in-law of a World War II veteran. It's not necessary to name names, or even say where she lives; the story speaks for itself.
Her brother-in-law was eighteen when he answered America's call to arms. He served honorably in the Pacific, and he came down with malaria. He received disability compensation from the Army - $475 a month. This veteran believed the only medical insurance he would ever need was that which was promised him because of his service, but that apparently wasn't the case.
Late last year he became very ill, and he was moved to a county hospital just a mile away from his home. But he didn't have any insurance, so they tried to get him a bed at a VA hospital just down the road. But none were available, and although the doctors at the county hospital did their best, seven days later, he died.
When he died, he left hospital and doctor's bills totaling $7,700, because the VA didn't have a bed for him. This poor, sick, elderly veteran existed on $5,700 a year, and the VA didn't have a bed for him. His hospital and doctor bills for one week in a county hospital were more than he received in disability pay for a whole year, and the VA didn't have a bed for him. The VA didn't have a bed for him!
People in Washington are talking about 'means tests' and reductions in VA health care, and we can't even find a poor, sick veteran a bed in a hospital system created for him, and which he believed would be the only health insurance he would ever need!
Now do you believe we're just blowing smoke when we say that threats to the Veterans Administration health care system are real? Is it fair? I think not.
And, even while the VA has been doing an admirable job of caring for many veterans, it has come under fire for what some consider its spendthrift ways. That just isn't so. I won't go into a long list of statistics, but let me put it this way.
The Veterans Administration budget has actually declined, in terms of real dollars allocated, every year for the past ten years. And yet, the level and quality of services has been maintained -- due, in no small part, I might add, by the dedicated voluntary service our members provide in hospitals everywhere.
Any analysis of the spending trend for the VA, compared with all other agencies of government, shows that if all other agencies of government had operated with the same austerity and level of efficiency as the VA, there would be no federal budget deficit today. Yet, there are those who envy the veterans health care system and would have us bear even more of the burden. The American Legion says - no more!
There is a growing movement of discontent out there, not just with Legionnaires, but with all of America's veterans.
When we gathered in Washington for our annual conference and legislative rally, which included meetings with our Senators and Representatives, care to guess what the topic of conversation was?
Once Congress realizes that the American Legion represents a constituency of 28 million veterans and their families, Americans from every walk of society, they'll listen - attentively.
And don't misunderstand me on this point: let's all encourage fiscal restraint. I'm a business man and I know the pitfalls of writing or receiving a rubber check. But let's not balance the budget on the backs of the veterans, of those 'who have borne the battle'.
Recently we in the American Legion adopted a slogan, 'We remember the vets so that no one forgets.' It is in that spirit that this afternoon I'm making a direct appeal to each of you.
For the Legionnaires in the audience, I am challenging all of you to enlist the support of every available veteran in joining our cause, and I mean active involvement by joining the American Legion. Without increased strength in numbers, we simply won't be able to do our job of helping veterans on the local level, or representing them in Washington.
For the members of the South Carolina legislature, I ask that you take a good, hard look at what tampering with the Veterans Administration would mean to your state. You have a vital interest at stake, draw on the resources of the American Legion of South Carolina in making certain your citizens, your veterans, don't suffer.
I've been up here long enough, and I won't belabor the point any longer, except to say that the American Legion -- this nation's largest and fastest growing veterans organization -- will continue to maintain constant vigil and wage any battle necessary to ensure each veteran and survivor receives their rightly earned benefits.
Thank you for your attention, and God bless each of you.
Upon the conclusion of his address, Commander Renaud and his escort party retired from the Chamber.
The purposes of the Joint Assembly having been accomplished, the President announced that under the terms of the Concurrent Resolution the Joint Assembly would recede from business.
The Senate accordingly retired to its Chamber.
At 12:35 P.M. the House resumed, the SPEAKER Pro Tempore in the Chair.
The House, upon motion of REP. BLACKWELL, receded until 2:30 P.M.
At 2:30 P.M. the House resumed, the SPEAKER in the Chair.
The question of a quorum was raised.
A quorum was later present.
The SPEAKER granted Rep. HEARN a temporary leave of absence.
Rep. G. BAILEY, with unanimous consent, from the Dorchester Delegation, submitted a favorable report, with amendments on:
S. 1132 -- Senator Matthews: A BILL TO AUTHORIZE THE BOARD OF TRUSTEES OF HARLEYVILLE-RIDGEVILLE SCHOOL DISTRICT NO. 3 OF DORCHESTER COUNTY TO ISSUE GENERAL OBLIGATION BONDS OF THE DISTRICT UP TO A SPECIFIED LIMIT FOR CERTAIN PURPOSES; TO PRESCRIBE THE CONDITIONS UNDER WHICH THE BONDS MAY BE ISSUED AND THE PURPOSES FOR WHICH THE PROCEEDS MAY BE EXPENDED; AND TO MAKE PROVISION FOR THE PAYMENT OF THE BONDS.
On motion of Rep. G. BAILEY, with unanimous consent, the following Bill was taken up for immediate consideration.
S. 1132 -- Senator Matthews: A BILL TO AUTHORIZE THE BOARD OF TRUSTEES OF HARLEYVILLE-RIDGEVILLE SCHOOL DISTRICT NO. 3 OF DORCHESTER COUNTY TO ISSUE GENERAL OBLIGATION BONDS OF THE DISTRICT UP TO A SPECIFIED LIMIT FOR CERTAIN PURPOSES; TO PRESCRIBE THE CONDITIONS UNDER WHICH THE BONDS MAY BE ISSUED AND THE PURPOSES FOR WHICH THE PROCEEDS MAY BE EXPENDED; AND TO MAKE PROVISION FOR THE PAYMENT OF THE BONDS.
Rep. G. BAILEY proposed the following Amendment No. 1 (Doc. No. 3328R), which was adopted.
Amend the bill, as and if amended, by adding an appropriately numbered section to read:
/SECTION ___. A referendum must be held at the time of the general election of 1986 to determine whether or not the registered electors of Harleyville-Ridgeville School District No. 3 in Dorchester County desire the trustees of that district or the Dorchester County school board to have the power to levy taxes for the operational expenses of the school district. The referendum must be conducted by the Dorchester County Election Commission and the ballots must be furnished at all polling places in the school district with the following words printed thereon: "Shall the trustees of Harleyville-Ridgeville School District No. 3 have the power to levy the necessary taxes for the operational expenses of the school district?
Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes' and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."
The election commission shall certify the results of the referendum to the State Election Commission and the Dorchester County Legislative Delegation./
Renumber sections to conform.
Amend title to conform.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. DAY, with unanimous consent, it was ordered that S. 1132 be read the third time tomorrow.
On motion of Rep. HAYES, with unanimous consent, the following Concurrent Resolution was taken up for immediate consideration.
S. 888 -- Senator Hayes: A CONCURRENT RESOLUTION TO AUTHORIZE PALMETTO GIRLS STATE TO USE THE SENATE AND HOUSE CHAMBERS ON FRIDAY, JUNE 13, 1986, AND SATURDAY, JUNE 14, 1986.
Be it resolved by the Senate, the House of Representatives concurring:
That the Palmetto Girls State is authorized to use the chambers of the Senate and the House of Representatives on Friday afternoon, June 13, 1986, from 2 P.M. to 5 P.M., and Saturday morning, June 14, 1986, from 9 A.M. to 12 Noon for its annual legislative day activity. If either House is in statewide session, the chamber of that House may not be used.
Be it further resolved that Palmetto Girls State agrees in writing to reimburse General Services and the Senate for expenses incurred, the total of which will not exceed Fifteen Hundred Dollars;
Be it further resolved that subsequent to this authorization it shall be the policy of the S.C. Senate to allow the use of its chambers only Monday through Friday when the Senate is not in session provided that this authorization and all further authorizations for use of the Senate chambers shall be subject to cancellation should the S. C. Senate be in regular session on the authorized days;
Be it further resolved that the Palmetto Girls State shall, forty-eight hours prior to its use of the chambers, provide the Clerk of the S. C. Senate with the name, address, and current telephone number of the individual who is responsible for coordinating the event and who is legally authorized to represent on behalf of the Palmetto Girls State that it shall reimburse General Services and the S. C. State Senate as set forth herein;
Be it further resolved that the State House security forces provide such assistance and access as is necessary for this meeting in accordance with previous procedures.
Rep. FOSTER proposed the following Amendment No. 1 (Doc. No. 2326R), which was adopted.
Amend the resolution, as and if amended, by inserting the following at the end thereof:
/Be it further resolved that no charges may be made for the use of the Senate and House chambers by Palmetto Girls State on these dates./
Amend title to conform.
The Concurrent Resolution, as amended, was adopted and ordered returned to the Senate.
On motion of Rep. SCHWARTZ, with unanimous consent, the following was taken up for immediate consideration:
H. 3708 -- Rep. Schwartz: A HOUSE RESOLUTION TO COMPLIMENT THE STAFF SERVING THE MEMBERS OF THE HOUSE OF REPRESENTATIVES FOR ITS UNSELFISH HELP AND EXTRA HOURS DEVOTED TO ASSISTING THE HOUSE IN EXPEDITING ITS CONSIDERATION OF THE GENERAL APPROPRIATIONS BILL, TO PROVIDE THAT WHEN THE HOUSE OF REPRESENTATIVES ADJOURNS STATEWIDE BUSINESS ON THURSDAY, MARCH 27, 1986, IT SHALL STAND ADJOURNED UNTIL MONDAY, MARCH 31, 1986, FOR LOCAL UNCONTESTED MATTERS, AND THE STAFF SERVING THE MEMBERS OF THE HOUSE IS NOT REQUIRED TO WORK ON GOOD FRIDAY, MARCH 28, 1986.
Whereas, the House of Representatives commenced consideration of the General Appropriations Bill at 3:00 p.m. on Monday, March 10, 1986, and with the assistance of the dedicated, unselfish, and knowledgeable staff serving the members of the House of Representatives the bill was completed in less than two legislative weeks at 9:00 p.m. on Thursday, March 20, 1986; and
Whereas, the speed with which the Appropriations Bill was dispatched was due in no small measure to the willingness on the part of the staff to work beyond its prescribed hours, respond to every request with patience, graciousness, and expertise and perform every duty with alacrity and determination. Now, therefore,
Be it resolved by the House of Representatives:
That the members of the House of Representatives compliment the staff serving the members of the House of Representatives for its unselfish help and extra hours devoted to assisting the House in expediting its consideration of the General Appropriations Bill, provide that when the House of Representatives adjourns statewide business on Thursday, March 27, 1986, it shall stand adjourned until Monday, March 31, 1986, for local uncontested matters, and the staff serving the members of the House is not required to work on Good Friday, March 28, 1986.
The Resolution was adopted.
Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 4.
H. 3283 -- Ways and Means Committee: A BILL TO AMEND ACT 1377 OF 1968, AS AMENDED, RELATING TO THE ISSUANCE OF CAPITAL IMPROVEMENT BONDS, SO AS TO AUTHORIZE THE ISSUANCE OF ADDITIONAL BONDS, TO INCREASE THE LIMITATION ON THE MAXIMUM AGGREGATE PRINCIPAL INDEBTEDNESS OF THE STATE; TO REQUIRE MONIES PREVIOUSLY AUTHORIZED FOR PARKS, RECREATION AND TOURISM BE EXPENDED ON IMPROVEMENTS AT MYRTLE BEACH INSTEAD OF ON A SWIMMING POOL; TO REALLOCATE MONIES PREVIOUSLY AUTHORIZED FOR THE MUSEUM COMMISSION TO THE BUDGET AND CONTROL BOARD FOR THE MOUNT VERNON MILL SITE DEVELOPMENT; TO AMEND ACT 518 OF 1980, AS AMENDED, RELATING TO THE ISSUANCE OF STATE CAPITAL IMPROVEMENT BONDS, SO AS TO DELETE THE AUTHORITY OF THE DEPARTMENT OF MENTAL HEALTH TO FINANCE VARIOUS PROJECTS FROM SURPLUS PAYING PATIENT FEE DEBT SERVICE FUNDS; TO REQUIRE THE JOINT BOND REVIEW COMMITTEE TO SCHEDULE THE AUTHORIZATIONS, AS PROVIDED IN THIS ACT, INTO THE STATEWIDE CAPITAL IMPROVEMENTS PRIORITY SCHEDULE; AND TO AMEND ACT 194 OF 1979, AS AMENDED, RELATING TO THE ISSUANCE OF STATE CAPITAL IMPROVEMENT BONDS, SO AS TO AUTHORIZE THE BOARD OF TRUSTEES OF WINTHROP COLLEGE TO DEFINE PAID ADMISSIONS BY WRITTEN POLICY WITH AN EXCEPTION, AND TO DELETE THE AUTHORITY OF THE COLLEGE TO LEVY AN ADMISSIONS FEE.
Debate was resumed on Amendment No. 4 by Rep. McEACHIN.
Rep. McKAY spoke in favor of the amendment.
Rep. B.L. HENDRICKS spoke against the Amendment.
Rep. NETTLES spoke in favor of the amendment.
Reps. P. HARRIS and L. MARTIN spoke against the amendment.
Rep. CARNELL asked unanimous consent that the time of the speaker be extended five minutes, which was agreed to.
Rep. P. HARRIS continued speaking.
Rep. McKAY asked unanimous consent that the time of the speaker be extended five minutes, which was agreed to.
Rep. P. HARRIS continued speaking.
Rep. GILBERT spoke in favor of the amendment.
Rep. KIRSH moved to adjourn debate upon the amendment.
Rep. McEACHIN moved to table the motion.
Rep. TOWNSEND demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Schwartz Altman Anderson, J. Arthur, W. Aydlette Barfield Beasley Boan Brown, G. Brown, H. Cork Day Elliott Fair Gilbert Griffin Harris, J. Hawkins Hendricks, B. Holt Huff Lockemy Mangum Martin, D. Martin, L. McEachin McKay McLeod McTeer Moss Neilson Nettles Ogburn Pearce Phillips, L. Rawl Rhoad Rice Rogers, J. Sheheen Simpson Snow Thrailkill Winstead Woodruff
Those who voted in the negative are:
Anderson, S. Arthur, J. Bailey, K. Blackwell Bradley, J. Bradley, P. Brown, J. Burriss, M.D. Burriss, T.M. Carnell Chamblee Cooper Dangerfield Davenport Evatt Faber Ferguson Foster Foxworth Freeman Gentry Harris, P. Harvin Hayes Hearn Johnson, J.C. Johnson, J.W. Kay Keyserling Kirsh Klapman Lake Mattos McAbee McBride McLellan Mitchell Petty Phillips, O. Rigdon Rogers, T. Russell Sharpe Short Stoddard Toal Townsend Tucker Waldrop Wilkins
So, the House refused to table the motion to adjourn debate.
The question then recurred to the motion to adjourn debate.
Rep. McEACHIN demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Anderson, S. Arthur, J. Bailey, K. Bennett Blackwell Bradley, J. Bradley, P. Burriss, M.D. Burriss, T.M. Carnell Chamblee Cooper Davenport Evatt Faber Ferguson Foster Freeman Gentry Hawkins Hayes Hearn Holt Johnson, J.C. Johnson, J.W. Kay Kirsh Klapman Koon Lake Mattos McAbee McBride McLellan Mitchell Petty Phillips, O. Rice Rigdon Rogers, T. Russell Sharpe Short Toal Townsend Waldrop Woodruff
Those who voted in the negative are:
Schwartz Altman Anderson, J. Arthur, W. Barfield Beasley Boan Brown, G. Brown, H. Brown, J. Cleveland Cork Dangerfield Day Elliott Fair Foxworth Gilbert Griffin Harris, J. Harris, P. Harvin Hendricks, B. Keyserling Lockemy Mangum Martin, D. Martin, L. McEachin McKay McLeod McTeer Neilson Nettles Ogburn Pearce Phillips, L. Rawl Rhoad Rogers, J. Sheheen Simpson Snow Thrailkill Tucker Washington Winstead
So, the motion to adjourn debate was rejected.
Rep. B.L. HENDRICKS moved to table the amendment.
Rep. GILBERT demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Anderson, S. Arthur, J. Bailey, K. Bennett Blackwell Bradley, P. Brown, H. Brown, J. Burriss, M.D. Burriss, T.M. Carnell Chamblee Cleveland Cooper Dangerfield Davenport Evatt Faber Ferguson Freeman Gentry Harris, P. Hayes Hearn Hendricks, B. Johnson, J.C. Johnson, J.W. Kay Kirsh Klapman Koon Lake Martin, L. Mattos McAbee McBride McLellan McTeer Petty Phillips, L. Phillips, O. Rice Russell Shelton Short Simpson Stoddard Taylor Toal Townsend Tucker Waldrop Woodruff
Those who voted in the negative are:
Schwartz Altman Arthur, W. Aydlette Barfield Beasley Boan Bradley, J. Brown, G. Cork Day Elliott Fair Foster Foxworth Gilbert Griffin Harris, J. Harvin Hawkins Holt Huff Jones Keyserling Lockemy Mangum Martin, D. McEachin McKay McLeod Moss Neilson Nettles Ogburn Pearce Rawl Rigdon Rogers, J. Sharpe Sheheen Snow Thrailkill Washington Winstead
So, the amendment was tabled.
Rep. KIRSH proposed the following Amendment No. 5 (Doc. No. 3323R), which was tabled.
Amend the bill, as and if amended, in subitem (23) of item (f) of Section 3 of Act 1377 of 1968, page 7, line 4, by deleting sub-subitem 4 which reads:
/4. Show and Sale Arena 4,400,000/.
Amend totals to conform.
Amend title to conform.
Rep. KIRSH explained the amendment.
Rep. TOWNSEND spoke against the amendment.
Rep. WALDROP spoke against the amendment and moved to table the amendment.
Rep. McLEOD demanded the yeas and nays, which were not ordered.
The amendment was then tabled by a division vote of 50 to 39.
Rep. SCHWARTZ proposed the following Amendment No. 6 (Doc. No. 2097R), which was adopted.
Amend the bill, as and if amended, in subitem (12), page 5, of item (f) of Section 3 of Act 1377 of 1968, as contained in SECTION 1, by inserting after line 10:
/5. Sumter Area Technical College
(a) Building 400 -
Roof replacement 100,000
(b) Building 100 -
Class renovations 170,000
(c) Building 200 -
Renovations 30,000
(d) Building 300
Renovation damage 10,000/
Amend totals and title to conform.
Rep. SCHWARTZ explained the amendment.
The amendment was then adopted.
Reps. J. BRADLEY, MANGUM, SCHWARTZ, McABEE, AYDLETTE, DANGERFIELD, FOXWORTH, HOLT, KOHN, D. MARTIN, RAWL, WASHINGTON, WINSTEAD, HARVIN, HELMLY, B.L. HENDRICKS, KIRSH, FREEMAN, McEACHIN, P. HARRIS, HUFF, J. ROGERS, BEASLEY, BLANDING, H. BROWN, McTEER, TOAL and CARNELL proposed the following Amendment No. 7 (Doc. No. 2289R), which was adopted.
Amend the bill, as and if amended, by inserting after
/2. Deas Hall Energy Conservation 265,000/
which begins on line 38 of page 2 the following:
/3. McAlister Field House Conversion and
Renovation $4,252,789/
and by striking /the McAlister Field House addition/ as contained on line 43 of page 2 and inserting /Vandiver Hall/.
Amend totals and title to conform.
Rep. J. BRADLEY explained the amendment.
Rep. SCHWARTZ spoke in favor of the amendment.
The amendment was then adopted.
Rep. P. HARRIS proposed the following Amendment No. 8 (Doc. No. 1021R), which was adopted.
Amend the bill, as and if amended, in SECTION 1, by inserting after line 5 of page 6:
/16A) Department of Mental Health
1. Anderson Veteran's Hospital $3,000,000
TOTAL, Department of Mental Health $3,000,000
The Department of Mental Health may use the $3,000,000 in Capital Improvement Bonds authorized in this subitem to finance a portion of the cost of the Anderson Veteran's Hospital. The department may also use paying-patient-fee funds or a combination of the funds and the $3,000,000 in bonds authorized in this subitem, not to exceed $3,000,000, to finance the hospital. The State Board and Control Board and the Joint Bond Review Committee shall determine the financing arrangements. The $3,000,000 authorized in this subitem is conditioned upon the receipt of six million dollars from federal funds./
Amend totals and title to conform.
Rep. P. HARRIS explained the amendment.
Rep. KLAPMAN moved to table the amendment which was not agreed to by a division vote of 21 to 44.
The question then recurred to the adoption of the amendment, which was agreed to.
Rep. McABEE proposed the following Amendment No. 9, which was tabled.
Amend as and if amended. Section 1, Subitem 21, page 6, by striking lines 30 through 41 and by inserting the following:
"1. New Dining Room/Kitchen with renovations of existing facilities $3,405,000"
Amend totals and titles to conform.
Rep. McABEE explained the amendment.
Rep. KLAPMAN spoke against the amendment and moved to table the amendment which was agreed to by a division vote of 41 to 20.
Rep. TOAL proposed the following Amendment No. 10, which was tabled.
Amend as and if amended.
Section 1, subsection 23 - Clemson PSA by deleting number 4, there under and adding a new subsection which shall read as follows:
"23A. Budget and Control Board
Show and Sale Agribusiness Arena $4,400,000
Provided that the Budget and Control Board is authorized to make the decision as to the location of this arena after soliciting proposals from all areas of the state taking into consideration the maximumizing of agribusiness marketing.
Rep. TOAL explained the amendment.
The SPEAKER Pro Tempore granted Rep. J. ARTHUR a leave of absence for the remainder of the day.
Rep. FREEMAN moved to reconsider the vote whereby Amendment No. 4 was tabled and the motion was noted.
Rep. P. BRADLEY raised the Point of Order that Rep. FREEMAN had requested his motion be noted, not moved to reconsider the vote whereby the amendment was tabled.
The SPEAKER Pro Tempore sustained the Point of Order, and ordered the motion be noted.
Rep. McEACHIN then raised the Point of Order that Rule 8.5 provided that "a motion to reconsider shall be received and noted while a speech is being made but notwithstanding the provisions of Rule 8.14, shall be considered immediately after disposal of the pending matter...", therefore the motion to reconsider would be properly taken up at this time.
The SPEAKER Pro Tempore stated the pending question was Amendment No. 10, and when that had been disposed of, Rep. FREEMAN's motion to reconsider would be the pending question, and he overruled the Point of Order.
Rep. McTEER asked unanimous consent to amend the amendment at the desk.
Rep. TOAL objected.
Reps. T.M. BURRISS, KLAPMAN and LAKE spoke against the amendment.
Rep. McTEER moved to table the amendment which was agreed to.
The motion of Rep. FREEMAN to reconsider the vote whereby Amendment No. 4 was tabled was taken up.
Rep. TOAL moved to table the motion to reconsider.
Rep. McEACHIN demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander Bailey, K. Blackwell Bradley, P. Brown, J. Burriss, M.D. Burriss, T.M. Carnell Chamblee Cleveland Cooper Dangerfield Edwards Faber Gentry Harris, P. Hayes Hearn Hendricks, B. Johnson, J.C. Johnson, J.W. Kay Klapman Koon Lake Martin, L. Mattos McAbee McLellan McTeer Phillips, L. Rhoad Rice Shelton Short Simpson Toal Townsend Tucker Wilkins Woodruff
Those who voted in the negative are:
Schwartz Barfield Beasley Blanding Boan Bradley, J. Brown, G. Brown, H. Brown, R. Cork Davenport Day Elliott Foxworth Freeman Gilbert Griffin Harris, J. Harvin Hawkins Holt Huff Jones Keyserling Kirsh Lockemy Mangum Martin, D. McEachin McKay McLeod Mitchell Moss Neilson Nettles Ogburn Pearce Petty Phillips, O. Rawl Rogers, J. Russell Sharpe Sheheen Snow Thrailkill Washington White Winstead
Rep. S. Anderson (Present) Yes
Rep. W. Arthur (Absent) No
So, the House refused to table the motion to reconsider.
Rep. McABEE was recognized.
Rep. TOAL raised the Point of Order that the motion to reconsider was non-debatable, therefore a member may not be heard on the motion.
The SPEAKER Pro Tempore sustained the Point of Order.
The question then recurred to the motion to reconsider the vote whereby Amendment No. 4 was tabled.
Rep. TOAL demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Schwartz Altman Barfield Beasley Blanding Boan Bradley, J. Brown, H. Brown, R. Cork Davenport Day Elliott Foster Foxworth Freeman Gilbert Griffin Harris, J. Harvin Hawkins Holt Huff Jones Keyserling Lockemy Mangum Martin, D. McEachin McKay McLeod Mitchell Moss Neilson Nettles Ogburn Pearce Phillips, O. Rawl Rogers, J. Russell Sharpe Sheheen Snow Thrailkill Washington White Winstead Woodruff
Those who voted in the negative are:
Alexander Bailey, K. Blackwell Bradley, P. Brown, J. Burriss, M.D. Burriss, T.M. Carnell Chamblee Cleveland Cooper Dangerfield Edwards Evatt Faber Gentry Harris, P. Hayes Hearn Hendricks, B. Johnson, J.C. Johnson, J.W. Kay Kirsh Klapman Koon Lake Martin, L. Mattos McAbee McBride McLellan McTeer Petty Phillips, L. Rhoad Rice Shelton Short Simpson Toal Townsend Tucker Waldrop Wilkins
PAIRED
Rep. S. Anderson (Present) No
Rep. W. Arthur (Absent) Yes
So, the motion to reconsider was agreed to.
Rep. T.M. BURRISS moved that the House do now adjourn.
Rep. TOAL demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander Bailey, K. Blackwell Blanding Bradley, P. Burriss, M.D. Burriss, T.M. Carnell Chamblee Cleveland Cooper Cork Dangerfield Edwards Gentry Harris, P. Harvin Hearn Hendricks, B. Johnson, J.C. Johnson, J.W. Kay Koon Lake Martin, D. Martin, L. Mattos McAbee McLellan Phillips, L. Phillips, O. Rhoad Rice Shelton Short Simpson Townsend Tucker Waldrop Wilkins Winstead
Those who voted in the negative are:
Schwartz Anderson, S. Barfield Beasley Boan Bradley, J. Brown, H. Brown, R. Davenport Day Elliott Fair Foster Foxworth Freeman Gilbert Griffin Hawkins Hayes Holt Huff Jones Keyserling Kirsh Klapman Lockemy Mangum McBride McEachin McKay McLeod McTeer Mitchell Moss Neilson Nettles Ogburn Pearce Petty Rawl Rogers, J. Rogers, T. Russell Sharpe Sheheen Snow Thrailkill Toal Washington White Woodruff
So, the House refused to adjourn.
Rep. SCHWARTZ made a statement.
Reps. McABEE, ALEXANDER and SIMPSON spoke against the amendment.
Rep. WALDROP moved that the House do now adjourn.
Rep. TOAL demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander Altman Blackwell Blanding Bradley, P. Brown, J. Burriss, M.D. Burriss, T.M. Carnell Chamblee Cleveland Cooper Cork Dangerfield Faber Foster Freeman Gentry Harris, J. Harris, P. Harvin Hearn Hendricks, B. Holt Johnson, J.C. Johnson, J.W. Koon Lake Mangum Martin, D. Martin, L. Mattos McAbee McLellan Petty Phillips, O. Rice Shelton Short Simpson Townsend Tucker Waldrop Wilkins Winstead
Those who voted in the negative are:
Schwartz Anderson, S. Barfield Beasley Boan Bradley, J. Brown, G. Brown, H. Brown, R. Davenport Day Edwards Elliott Fair Foxworth Gilbert Griffin Hawkins Hayes Huff Jones Keyserling Kirsh Klapman Kohn Lockemy McBride McEachin McKay McLeod McTeer Mitchell Moss Neilson Nettles Ogburn Pearce Rawl Rogers, J. Rogers, T. Russell Sharpe Sheheen Snow Thrailkill Toal Washington White Woodruff
So, the House refused to adjourn.
Rep. SIMPSON continued speaking.
Reps. BLACKWELL and LAKE spoke against the amendment.
Rep. GENTRY moved to table the amendment.
Rep. McEACHIN raised the Point of Order that one hour had not elapsed since a similar motion was made, which point was sustained by the chair.
Rep. GENTRY moved that the House do now adjourn.
Rep. HOLT raised the Point of Order that fifteen minutes had not elapsed since a similar motion was made, which point was sustained by the chair.
Rep. HEARN moved to reconsider the vote whereby Amendment No. 10 was tabled and the motion was noted.
Rep. L. MARTIN spoke against the amendment.
Rep. MATTOS moved that the House do now adjourn.
Rep. NETTLES raised the Point of Order that fifteen minutes had not elapsed since a similar motion was made, which point was not sustained by the chair.
The motion to adjourn was then agreed to by a division vote of 54 to 32.
Further proceedings were interrupted by adjournment, the pending question being consideration of Amendment No. 4, Rep. L. MARTIN having the floor.
The Senate returned to the House with concurrence the following:
H. 3700 -- Reps. McEachin, Gilbert, Nettles, McKay, McLeod and Sheheen: A CONCURRENT RESOLUTION TO CONGRATULATE THE FRANCIS MARION COLLEGE LADY PATRIOTS OF FLORENCE COUNTY ON WINNING THE NAIA WOMEN'S BASKETBALL NATIONAL CHAMPIONSHIP.
H. 3707 -- Reps. Rigdon, Hawkins, P. Harris, Carnell and S. Anderson: A CONCURRENT RESOLUTION TO EXPRESS THE SORROW OF THE GENERAL ASSEMBLY UPON THE RECENT DEATH OF JOHN LOWRY PRESSLY, OF ABBEVILLE COUNTY, AND TO EXTEND SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
At 5:40 P.M. the House in accordance with the motion of Rep. MATTOS adjourned to meet at 10:00 A.M. tomorrow.
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Tuesday, June 30, 2009 at 1:41 P.M.