South Carolina General Assembly
107th Session, 1987-1988
Journal of the House of Representatives

WEDNESDAY, APRIL 6, 1988

Wednesday, April 6, 1988
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The House assembled at 10:00 A.M.

Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:

Eternal Father Whose wisdom is sufficient for all our needs, we thank You for the many evidences of Your mercies which are new every morning. We are grateful for these moments of prayer when we lift our thoughts of praise to Him Who is "the Giver of every good and perfect gift". As our fathers trusted in You and were not disappointed, so may we put our trust in You. Strengthen us by Your unfailing promises and lead us through the hours of this day to the evening with our work well done. We ask not for lighter tasks, but for strength to do our work. We pray for one another that we in concert may move forward for the welfare of our great State and Her people.

We make our prayer to our God Whose Word inspires our best.

Amen.

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

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

REPORT RECEIVED

The following was received.

TO:             The Clerk of the Senate

The Clerk of the House

FROM:     Thomas E. Smith, Jr.

Chairman, Judicial Screening Committee

DATE:     April 4, 1988

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,
Thomas E. Smith, Jr.
Chairman

/s/ Senator Isadore E. Lourie
/s/ Senator John A. Martin
/s/ Senator Glenn F. McConnell
/s/ Representative James M. Arthur
/s/ Representative Larry E. Gentry
/s/ Representative D. Malloy McEachin, Jr.
/s/ Representative John I. Rogers, III

Pursuant to Act 119 of 1975, this Committee was convened to consider the qualifications of candidates seeking to fill certain Judicial positions.

The Judicial Screening Committee is charged by law to consider the qualifications of candidates for the Judiciary. When notice is received that an individual intends to seek election or reelection to the Bench, the Committee conducts such investigation of the candidate as it deems appropriate and reports its Findings to the General Assembly prior to the election. It is not the function of the Committee to recommend one candidate over another or to suggest to the individual legislator for whom to vote. Our role is instead that of determining whether a candidate is qualified to sit as a Judge and under the statute our determination in that regard is not binding upon the General Assembly.

The following Circuit Court Judges are running for reelection to their respective seats and are unopposed:

Hon. David F. McInnis     Third Judicial Circuit
Hon. Edward B. Cottingham     Fourth Judicial Circuit
Hon. E. C. Burnett, III     Seventh Judicial Circuit
Hon. James E. Moore     Eighth Judicial Circuit
Hon. William H. Ballenger     Tenth Judicial Circuit
Hon. Julius H. Baggett     Eleventh Judicial Circuit
Hon. Hubert E. Long     Eleventh Judicial Circuit
Hon. John H. Waller, Jr.     Twelfth Judicial Circuit
Hon. C. Victor Pyle, Jr.     Thirteenth Judicial Circuit
Hon. Luke N. Brown, Jr.     Fourteenth Judicial Circuit

Having completed the investigation as required by the Act, the Committee, by this Report, respectfully submits its Findings to the members of the General Assembly for their consideration.

The Report consists of the Transcript of the Proceedings before the Screening Committee held at the State House on March 10, 1988, and the portions of the documents submitted by the respective candidates which were made part of the public record. Each candidate filed as extensive Personal Data Questionnaire, a Statement of Economic Interests, five letters of reference including one from the candidate's banker, and the report of a background investigation by SLED. Those documents may be viewed in the office of Thomas E. Smith, Jr., Chairman, of the Judicial Screening Committee in 402 Gressette Building until the date and time of the election.

The candidates were present at the screening and testified under oath.

HEARING OF MARCH 10, 1988

SENATOR SMITH: THIS SCREENING COMMITTEE IS CONVENED PURSUANT TO ACT 119 OF 1975 REQUIRING THE REVIEW OF CANDIDATES FOR JUDICIAL OFFICE. THE FUNCTION OF THE COMMITTEE IS NOT TO CHOOSE BETWEEN CANDIDATES BUT RATHER TO DECLARE WHETHER OR NOT THE CANDIDATES WHO OFFER FOR POSITIONS ON THE BENCH ARE IN OUR JUDGMENT QUALIFIED TO FILL THE POSITION. THE INQUIRY WHICH WE UNDERTAKE IS A THOROUGH ONE. IT INVOLVES A COMPLETE PERSONAL AND PROFESSIONAL BACKGROUND CHECK ON EVERY CANDIDATE. THE CANDIDATE IS INVESTIGATED BY THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION, INCLUDING A CHECK OF THE COURTHOUSE RECORDS. A STATEMENT OF ECONOMIC INTEREST IS REQUIRED. WE RECEIVE A CREDIT REPORT. WE RECEIVE REPORTS FROM THE BOARD OF COMMISSIONERS ON GRIEVANCES AND DISCIPLINE WITH RESPECT TO ATTORNEYS AND JUDGES WHO ARE OFFERING AND FROM THE BOARD OF COMMISSIONERS ON JUDICIAL STANDARDS WITH RESPECT TO SITTING JUDGES. THE CANDIDATE'S PERSONAL DATA QUESTIONNAIRE DETAILS HIS PERSONAL HISTORY, HEALTH AND PROFESSIONAL EXPERIENCE AND CONTAINS FIVE LETTERS OF REFERENCE.

WE ARE HERE TODAY FOR THE PURPOSE, FIRST, OF EXAMINING THE CANDIDATE FOR THE VACANCY ON THE THIRD JUDICIAL CIRCUIT. THE NOTICE OF THE VACANCY WAS PUBLICLY NOTICED AND NO CANDIDATE HAS COME FORWARD OTHER THAN THE HONORABLE DAVID F. MCINNIS.

NO CITIZEN HAS ASKED TO BE HEARD WITH RESPECT TO HIS CANDIDACY, SO, I NOW ASK JUDGE MCINNIS TO COME AROUND AND TAKE THE OATH.

(HONORABLE DAVID F. MCINNIS, CANDIDATE FOR THE CIRCUIT COURT JUDGESHIP, THIRD JUDICIAL CIRCUIT, WAS DULY SWORN BY SENATOR SMITH.)

EXAMINATION BY SENATOR SMITH:

Q.     JUDGE MCINNIS, YOU HAVE BEFORE YOU OUR SUMMARY OF THE PERSONAL DATA QUESTIONNAIRE.
A.     YES, SIR.

SENATOR SMITH: LET ME SAY TO ALL OF YOU, THE REASON WE DO THIS IS TO SAVE PAPERWORK. WE TAKE THE QUESTIONNAIRE THAT EVERYONE FILLS OUT AND WE TRY TO BOIL IT DOWN TO ELIMINATE THE DUPLICATION OF PRINTING THE QUESTIONS AND THAT SORT OF THING.

Q.     HAVE YOU LOOKED IT OVER, JUDGE?
A.     YES.

Q.     IS IT CORRECT? IS THERE ANYTHING WE NEED TO CHANGE?
A.     THE ONE CHANGE, I HOPE IT'S MINOR, I THINK THIS IS BASICALLY THE SAME INFORMATION YOU HAD TWO AND A HALF YEARS AGO WHEN I WENT ON THE BENCH. AT THAT TIME I WAS REPRESENTING THE SUMTER YWCA AS ATTORNEY AND I WAS A MEMBER OF THE BOARD IN THAT CAPACITY. I AM NOT A MEMBER OF THE YWCA AT THIS TIME, I DON'T THINK. I'M NOT SURE WHETHER THEY ARE STILL CARRYING ME AS A MEMBER OR NOT.

Q.     WE WILL TAKE THAT OUT, I GUESS.
A.     EVERYTHING ELSE SEEMS TO BE CORRECT.

Q.     ALL RIGHT; DO YOU HAVE ANY OBJECTION IF WE MAKE THIS SUMMARY PART OF THE RECORD JUST AS IF IT WERE YOUR SWORN TESTIMONY?
A.     NO, SIR.

SENATOR SMITH: ALL RIGHT; WE WILL PUT THAT IN AT THIS POINT IN THE TRANSCRIPT.

PERSONAL DATA QUESTIONNAIRE SUMMARY

1.     David Fairley McInnis

Home Address:     Business Address:

702 Reynolds Road     P. O. Box 10

Sumter, SC 29150     Sumter, SC 29151-0010

2.     He was born in Timmonsville, South Carolina on August 5, 1934. Social Security Number: ***-**-*****

4.     He was married to Barbara Bruce on March 28, 1958. They have 3 children: Cecilia Shawn McInnis Perkins, age 28 (nurse); David F., Jr., age 27 (bank examiner) and Lee Irene, age 20 (student).

5.     Military Service: United States Air Force; September 1957 to March 1958 (active service); 1958 to 1965 (reserve); Honorable Discharge as Captain in Reserve; Serial #A03074163

6.     He attended the University of North Carolina, 1953-1957 (AB in Political Science) and the University of South Carolina School of Law, 1962-1965 (LLB and JD).

8.     Legal Experience since graduation from law school:

Municipal Judge, City of Sumter; Sumter County Prosecutor, 1984 to 1985; General Law Practice, 1965 to 1985; Circuit Court Judge, 1985 to present

15.     Judicial Office: August 1985 to present he was elected to fill the unexpired term of Associate Justice E. A. Finney, Jr. He also served as Sumter City Recorder (1966-1970); appointed by City Council for 2 consecutive 2-year terms; criminal jurisdiction only with a maximum fine of $100.00 or incarceration of up to 30 days.

16.     Public Office: Member, South Carolina House of Representatives for 4 terms (1975-1982)

17.     He ran unsuccessfully for Lt. Governor of South Carolina in 1982.

18.     He was Executive Director of the Chamber of Commerce in Sumter, South Carolina from 1958-1959; Conway, South Carolina from 1959-1961 and Lancaster, South Carolina from 1961-1962.

25.     Health is excellent.

28.     He is currently under treatment for hypertension by Dr. Lea Givens, 244 Church Street, Sumter, SC.

32.     Civic, charitable, religious, educational, social, and fraternal organizations: Sunset Country Club; Sumter Elks Lodge #855; Sumter YMCA; Phi Delta Phi Legal Fraternity; Member, First Presbyterian Church

34.     Five letters of reference:

(a)     Marvin D. Trapp

Chairman and President

NBSC

P.O. Box 1798, Sumter, SC 29151-1798

(b)     The Honorable O.V. Player, Jr.

Clerk of Court

Sumter County Courthouse, Sumter, SC 29150

(c)     The Honorable John C. Land, III

P.O. Box 142, Columbia, SC 29202

(d)     George C. James, Esquire

P.O. Box 1716, Sumter, SC 29151

(e)     Ramon Schwartz, Jr., Esquire

#10 Law Range, Sumter, SC 29150

Q.     YOUR CREDIT REPORT IS SATISFACTORY. AND LET ME SAY THAT'S AS GOOD AS YOU CAN GET.
A.     GOOD.

Q.     THE RECORDS OF THE APPLICABLE LAW ENFORCEMENT AGENCIES ARE NEGATIVE. THE RECORDS OF THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION ARE NEGATIVE. THE JUDGMENT ROLLS OF SUMTER COUNTY ARE NEGATIVE. THE BOARD OF COMMISSIONERS ON JUDICIAL STANDARDS SAY THEY HAVE NO RECORD OF ANY REPRIMANDS AGAINST YOU. AND, OF COURSE, THE BOARD OF COMMISSIONERS ON GRIEVANCES AND DISCIPLINE SAY THAT AS AN ATTORNEY THERE WERE NO CHARGES. YOUR STATEMENT OF ECONOMIC INTEREST INDICATES ONLY YOUR JUDICIAL SALARY, AND THAT'S CORRECT. YOU WERE LAST SCREENED IN APRIL OF '85. AND YOU ARE 53; IS THAT CORRECT?
A.     YES, SIR.

Q.     ALL RIGHT, SIR. HOW IS YOUR HYPERTENSION?
A.     I TAKE ONE PILL A DAY AND IT'S PRETTY GOOD.

Q.     ALL RIGHT; THAT'S BETTER THAN ME. JUDGE, LET ME ASK A QUESTION, AND I'LL ASK YOU SIMPLY BECAUSE I WANTED TO ASK SOMEBODY AND YOU HAPPEN TO BE UP THERE WHILE I THINK ABOUT IT.

WE GET LETTERS OF REFERENCE, ASK ALL CANDIDATES TO GET LETTERS OF REFERENCE.

I HAVE HAD ONE OR TWO JUDGES, NOT IN THIS GROUP, SAY THAT THEY SORT OF FEEL THAT MAY BE A CONFLICT TO HAVE TO ASK SOMEBODY TO GIVE YOU A LETTER OF REFERENCE IF YOU ARE A SITTING JUDGE.

HAVE YOU GOT ANY FEELINGS ABOUT THAT?
A.     I DON'T HAVE ANY PROBLEMS WITH THAT.

SENATOR SMITH: ANY QUESTIONS, MEMBERS OF THE COMMITTEE? REPRESENTATIVE GENTRY: NO QUESTIONS.

SENATOR SMITH: THANK YOU,!JUDGE. ANY STATEMENT YOU'D LIKE TO MAKE?

A.     THOROUGHLY ENJOY MY WORK.

SENATOR SMITH: THANK YOU. ALL RIGHT; WE ARE NOW READY TO SCREEN, EXAMINE THE CANDIDATE FOR THE VACANCY ON THE FOURTH JUDICIAL CIRCUIT AND THAT NOTICE OF VACANCY WAS PUBLICLY NOTICED AND NO CANDIDATE HAS COME FORWARD OTHER THAN THE HONORABLE EDWARD B. COTTINGHAM.

(HONORABLE EDWARD B. COTTINGHAM, CANDIDATE FOR THE CIRCUIT COURT JUDGESHIP, FOURTH JUDICIAL CIRCUIT, WAS DULY SWORN BY SENATOR SMITH.)

EXAMINATION BY SENATOR SMITH:

Q.     ALL RIGHT, SIR.
A.     THANK YOU, MR. CHAIRMAN. I THOUGHT I MIGHT ASK FOR A RECESS SO THAT I COULD CHANGE SUITS, BUT I DON'T BELIEVE I WILL. (LAUGHTER.)

Q.     AND NO ONE HAS ASKED, NO CITIZEN HAS ASKED TO BE HEARD WITH REGARD TO YOUR CANDIDACY.
A.     I'M DELIGHTED TO HEAR THAT, SIR.

Q.     JUDGE, YOU'VE HAD A CHANCE TO REVIEW OUR SUMMARY OF YOUR QUESTIONNAIRE?
A.     IT IS CORRECT AND IS SUBSTANTIAL AS IT WAS FOUR YEARS AGO, MR. CHAIRMAN, WHEN I WAS INTERVIEWED BY THIS COMMITTEE. IT HAS NOT CHANGED AS I KNOW OF.

Q.     ALL RIGHT; AND WE LAST SCREENED YOU IN MAY OF '84.
A.     YES, SIR.

Q.     LET'S SEE. WELL, THEN IF YOU HAVE NO OBJECTION, THEN WE WILL PUT THIS IN THE RECORD AS YOUR SWORN TESTIMONY.
A.     NO OBJECTION.

Q.     ALL RIGHT, SIR.

PERSONAL DATA QUESTIONNAIRE SUMMARY

1.     Edward B. Cottingham

Home Address:     Business Address:

602 Lakeshore Drive     P.O. Drawer 1114

Bennettsville, SC 29512     c/o Marlboro County

Courthouse

Bennettsville, SC

29512

2.     He was born in Bennettsville, South Carolina on June 27, 1928. Social Security Number: ***-**-*****

4.     He was married to Iris Evans on June 10, 1955. They have 2 children: Iris Jean Clifton, age 31 (housewife) and Edward B., Jr., age 29 (Captain, U.S. Army).

5.     Military Service: U.S. Navy; June 20, 1946 to April 9, 1948; Honorable discharge; Seaman 1st Class; Svc. No. 582-59-91; U.S. Air Force Reserve A02245345; Commissioned 2nd Lt. May 26, 1950 (ROTC, University Or South Carolina); transferred to Inactive Status List; Reserve Section 1961.

6.     He attended the University of Virginia, September 1948 to January 1949. After one semester, he transferred to the University of South Carolina for financial reasons and the desire to graduate from a South Carolina institution - University of South Carolina from January 1949 through January 25, 1953 (LLB).

8.     Legal Experience since graduation from law school:

He was associated with the law office of Russell D. Miller from January 1953 through January 1954 - general practice including trials in all courts. He joined with W.C. Goldberg in the formation of the firm of Goldberg and Cottingham with a general practice with particular emphasis on the trial of civil and criminal cases. He continued practice with Goldberg, Cottingham & Easterling in 1970 and with Goldberg, Cottingham, Easterling & Napier on February 1984. He was the senior member of the firm since the death of W.C. Goldberg in 1972. He has participated in numerous civil and criminal trials in the state's court as well as being local counsel for the following: J.P. Stevens Co., Inc.; Mohasco Industries; Boise-Cascade Corp.; Crown Cork and Seal Corp.; Marnat Packing Co.; Emerson Electric Co.; Essex Wire Corp.; Powell Manufacturing Co., Inc.; Hanes Corp.; Security Federal Savings and Loan Association; Carolina Power & Light Co.; South Carolina National Bank; Canal Industries, Inc.; Carolina Forest Industries, Inc.; and Stora Kopparberg. He has been Circuit Judge of the Fourth Judicial Circuit from June 29, 1984 to present.

15.     Judicial Office: He was elected Circuit Judge of the Fourth Judicial Circuit on Wednesday, June 13, 1984; qualified June 24, 1984; term expires June 30, 1988.

16.     Public Office: He was elected to House of Representatives, 1955-1956; 1957-1958; 1967-1968; 1969-1970; and 1971-1972. He was appointed to the Board of Trustees of the University of South Carolina to fill the unexpired term of Russell D. Miller, 1960-1961. He was Highway Commissioner from 1972-1976 and Chairman from 1975-1976.

19.     He is owner or stockholder in local real estate ventures.

23.     Sued: Lillian Goldberg v. Lakeside, Inc., a Corporation, Edward B. Cottingham, individually and as shareholder in Lakeside, Inc. and William L. Kinney, Jr., individually and as shareholder of Lakeside, Inc. - An action upon option on a lot given by Lakeside, Inc. It was settled by conveyance of the lot upon the agreed price. The suit was filed March 31, 1983 and settled on September 21, 1983.

24.     Disciplined: On July 9, 1982, a client filed an unwarranted grievance against him and his law partner, Harry Easterling. By letter dated October 27, 1982, from Donald V. Richardson, Chairman of the Board of Commissioners on Grievances and Discipline, they were advised as follows: "The Committee, after a thorough review of the information obtained, has determined that there was no evidence of unethical conduct on your part; and the complaint has been dismissed."

25.     Health is good.

26.     Hospitalized:

(1) He had a detached retina of the left eye and was hospitalized for seven days in the Providence Hospital, Columbia, SC from August 8 through August 15, 1983. He convalesced at home for an additional three weeks and worked part time for several weeks afterwards.

(2) He was in the Medical College of Charleston in 1978 for cataract surgery of the left eye.

(3) SEE QUESTION #30

(4) He had a detached retina of the right eye and was hospitalized for seven days in the Providence Hospital in Columbia, SC from November 26 through December 3, 1986. He convalesced at home for an additional three weeks and worked part time for several weeks afterwards.

30.     In the latter part of September, 1983, he made a decision to get treatment for problems with alcohol. He voluntarily entered Fenwick Hall in Charleston, SC on October 5, 1983 for a 30-day treatment program. Since that time, or a period of four years and four months, he has not used alcoholic beverages in any form. At no time prior to September, 1983 did this problem interfere with the proper performance of his professional, business, political and civic responsibilities.

32.     Civic, charitable, religious, educational, social, and fraternal organizations: Member of the First United Methodist Church; Member of the Marlboro Country Club; Marlboro County Development Board, Mason, Shriner, Member of the Committee to Attract Physicians; Member of the Bennettsville Parking & Development Co.; Co-Chairman of the Bennettsville Downtown Committee for Restoration

34.     Five letters of reference:

(a)     Tracy Kea, Jr., Vice President

South Carolina National Bank

P.O. Box 637, Bennettsville, SC 29512

(b)     Roy A. Howell, Jr., M.D.

210 Market Street, Bennettsville, SC 29512

(c)     William L. Kinney, Jr., Editor-Publisher

MARLBORO HERALD-ADVOCATE

Drawer 656, Bennettsville, SC 29512

(d)     Jennings K. Owens, M.D., Mayor

City of Bennettsville

P.O. Box 1036, Bennettsville, SC 29512

(e)     Charles P. Midgley, Advisory Board Chairman

Bennettsville Office

Security Federal

P.O. Box 495, Bennettsville, SC 29512

Q.     YOUR CREDIT IS SATISFACTORY. THE RECORDS OF THE APPROPRIATE LAW ENFORCEMENT AGENCIES ARE NEGATIVE. THE JUDGMENT ROLLS OF MARLBORO COUNTY DO HAVE ONE ITEM WHICH YOU DISCLOSED, I BELIEVE. THERE WAS A SUIT FILED IN '83. THAT WAS BEFORE YOU CAME ON THE BENCH?
A.     YES, SIR. THAT WAS DISCLOSED FOUR YEARS AGO. THAT WAS A SUIT BETWEEN THREE STOCKHOLDERS INVOLVING A LOT AND IT WAS RESOLVED BY SETTLEMENT AMICABLY IN '83; YES, SIR.

Q.     ALL RIGHT, SIR. AND THERE IS AN ORDER IN HERE DISMISSING IT. THE BOARD OF COMMISSIONERS ON JUDICIAL STANDARDS SAYS THAT THEY HAVE ADMINISTERED NO SANCTIONS. AND THE SAME IS TRUE WITH REGARD TO THE BOARD OF COMMISSIONERS ON GRIEVANCES AND DISCIPLINE.

NOW, JUDGE, IN YOUR STATEMENT OF ECONOMIC INTEREST YOU HAVE INDICATED PRIOR OWNERSHIP OF, I GUESS, TWO PIECES OF PROPERTY IN BENNETTSVILLE?

A.     YES, SIR.

Q.     AND AS I READ THE FILE, THEY ARE BOTH NO LONGER IN YOUR NAME; BEEN TRANSFERRED TO YOUR WIFE.
A.     CORRECT; AND I HAD OWNED THEM, I OWNED THEM FOR SOME YEARS PRIOR TO COMING ON THE BENCH.

Q.     YES, SIR.
A.     I DON'T PERCEIVE ANY CONFLICT WHATSOEVER BUT SINCE THEY ARE WITH THE, THE LEASE IS WITH A STATE AGENCY, I THOUGHT IT BEST TO LIST THEM.

Q.     ONE OF THEM IS LEASED TO THE SOUTH CAROLINA EMPLOYMENT SECURITY COMMISSION AND THE OTHER ONE IS LEASED, AT LEAST PARTIALLY, TO MARLBORO COUNTY COMMISSION ON ALCOHOL AND DRUG ABUSE.
A.     CORRECT, SIR.

Q.     I DON'T HAVE ANY PROBLEM WITH THEM. APPRECIATE YOU---
A.     I REALLY DON'T BUT I THOUGHT IT BEST THAT WE DO THAT, SIR.

Q.     ALL RIGHT. JUDGE, WHEN YOU WERE FIRST SCREENED, THERE WAS SOME CONTROVERSY.
A.     YES, SIR.

Q.     AND YOU HAVE FREELY DISCLOSED AGAIN THE SITUATION WITH REGARD TO THE FACT THAT YEARS AGO, SOME YEARS AGO, YOU MADE A DECISION TO GET TREATMENT FOR PROBLEMS WITH ALCOHOL.
A.     CORRECT.

Q.     HOW HAS IT BEEN SINCE THEN?
A.     THAT OCCURRED VOLUNTARILY IN SEPTEMBER OF 1983 WHEN I VOLUNTEERED AT THAT TIME TO ENTER FENWICK HALL. I AM HAPPY AND PROUD TO SAY THAT SINCE THAT DAY, IT BEING NEARLY FIVE YEARS AGO, I HAVE NOT PARTAKEN IN ALCOHOL IN ANY FORM, KIND, OR DESCRIPTION WHATSOEVER.

Q.     LET ME SAY THAT I HAVE NOT EVEN HEARD THE SLIGHTEST HINT THAT YOU HAVE.
A.     THERE WOULD NOT BE.

Q.     YES, SIR, AND I APPRECIATE IT. A. THANK YOU. I APPRECIATE YOU ASKING ME THE QUESTION, MR. CHAIRMAN.

SENATOR SMITH: ANY OTHER QUESTIONS?

REPRESENTATIVE ROGERS: MR. CHAIRMAN.

SENATOR SMITH: YES, SIR, MR. ROGERS.

REPRESENTATIVE ROGERS: OF COURSE, JUDGE COTTINGHAM IS MY RESIDENT JUDGE. IT HAD NOT OCCURRED TO ME BUT I OWN AN INTEREST IN THAT PIECE OF PROPERTY THAT WAS DESCRIBED A FEW MOMENTS AGO AND I WOULD NOT WANT THIS TO PASS WITHOUT MAKING THAT A PART OF THE RECORD. AND IF ANYONE HAS ANY RESERVATIONS, I WOULD NOT VOTE ON JUDGE COTTINGHAM; BUT I WILL TELL YOU THAT HE HAS QUICKLY ESTABLISHED A REPUTATION AS ONE OF THE FINEST JUDGES ON THE BENCH AND WE ARE ALL VERY PROUD OF HIM. I GUESS I OWN AN INTEREST IN A PIECE OF PROPERTY WITH IRIS RATHER THAN WITH JUDGE COTTINGHAM, BUT IT NEVER EVEN CROSSED MY MIND UNTIL HE DISCLOSED IT.

Q.     ONE OF THESE WAS WHERE YOUR LAW OFFICE WAS AT ONE TIME?
A.     NO. ONE OF THEM, BILLY GOLDBERG AND I BACK IN 1958 ACQUIRED THE PROPERTY THAT NOW IS LEASED TO THE EMPLOYMENT SECURITY COMMISSION. THEY HAVE BEEN THERE NOW FOR, WHAT, SOME 30 YEARS AND THEY CONTINUED TO BE THERE AFTER I CAME ON THE BENCH. NOTHING HAS CHANCED. THE LEASE WAS IN EFFECT THEN AND STILL IS NOW; SO, NOTHING HAS CHANGED. IN AN ABUNDANCE OF PRECAUTION, IT'S IN MY WIFE'S NAME AND I WANTED IT LISTED.

SENATOR SMITH: I THINK THAT'S ENTIRELY CORRECT. THANK YOU. ANY OTHER QUESTIONS.

HONORABLE JUDGE LONG: I MIGHT BUTT IN BY SAYING THAT WE WENT TO SCHOOL TOGETHER OUT TO RIO AND I KNOW HE DIDN'T TOUCH ANYTHING. AND I WAS JUST OVER IN BENNETTSVILLE; I HEARD WHAT JACK SAID, REPRESENTATIVE ROGERS, EXCUSE ME, BUT I THOUGHT HE OWNED EVERYTHING OVER THERE.

(LAUGHTER.)

SENATOR SMITH: THANK YOU, JUDGE COTTINGHAM.

A.     MR. CHAIRMAN, I APPRECIATE THIS OPPORTUNITY OF BEING HERE. AND MR. ROGERS, I CERTAINLY APPRECIATE YOUR KIND REMARKS. THANK YOU SO MUCH.

SENATOR SMITH: THANK YOU, SIR.

WE WILL NOW EXAMINE THE CANDIDATE FOR THE VACANCY ON THE--I'VE GOT THEM BACKWARDS--JUDGE BURNETT IS NEXT, I THINK. WE NOW EXAMINE THE CANDIDATE FOR VACANCY OF THE SEVENTH JUDICIAL CIRCUIT.

THE NOTICE OF THE VACANCY WAS PUBLICLY MADE AND NO CANDIDATE HAS COME FORWARD OTHER THAN JUDGE E.C. BURNETT, III. AND NO CITIZEN HAS ASKED TO BE HEARD WITH RESPECT TO HIS CANDIDACY; SO, I WOULD ASK YOU, JUDGE, IF YOU WOULD COME AND TAKE THE OATH.

(HONORABLE E.C. BURNETT, III, CANDIDATE FOR THE CIRCUIT COURT JUDGESHIP, SEVENTH JUDICIAL CIRCUIT, WAS DULY SWORN BY SENATOR SMITH.)

EXAMINATION BY SENATOR SMITH:

Q.     JUDGE, YOU HAVE HAD AN OPPORTUNITY TO REVIEW THE SUMMARY THAT WE'VE PREPARED FOR YOU.
A.     YES, SIR.
Q.     IS IT TRUE AND CORRECT? ANYTHING NEEDING ANY CHANGES?
A.     IT APPEARS TO BE ACCURATE.

Q.     DO YOU HAVE ANY OBJECTION IF WE MAKE IT A PART OF THE RECORD JUST AS--
A.     NOT AT ALL.

Q.     ALL RIGHT; WE WILL MAKE IT A PART OF THE RECORD JUST AS YOUR SWORN TESTIMONY RIGHT AT THIS POINT.

PERSONAL DATA QUESTIONNAIRE SUMMARY

1.     E.C. Burnett, III

Home Address:     Business Address:

200 Burnett Road     P.O. Box 1742

Pauline, SC 29374-9515     Spartanburg, SC 29304

2.     He was born in Spartanburg, South Carolina on January 26, 1942. Social Security Number: ***-**-*****

4.     He was married to Jami Grant on August 24, 1964. They have 3 children: E.C., IV, age 23; Sharon Lynn, age 20; and Jeffrey Grant, age 16.

5.     Military Service: August 1964 through August 1966; U.S. Army, First Lieutenant; 05321457; U.S.A.R. Control Group, Capt.; Honorably Discharged, Major

6.     He attended Wofford College 1960-1964 (A.B.) and the University of South Carolina Law School 1966- 1969 (J.D.).

8.     Legal Experience since graduation from law school:

Private Practice, individual, 1969-1976, with experience before Magistrate, Family, County, Civil and Criminal, Common Pleas and General Sessions Court; S.C. Probation & Parole Board and S.C. Industrial Commission

1976 - 5/l/80 - Spartanburg County Probate Judge

5/1/80 - 9/ 17/81 - Judge, Family Court, Seventh Judicial Circuit

9/17/81 - Present - Judge, Circuit Court, Seventh Judicial Circuit

15.     Judicial Office: 1976 - 5/1/80, Spartanburg County Probate Judge (Elected), Estates Guardianships; 5/1/80 - 9/17/81, Judge, Family Court, Seventh Judicial Circuit (Elected), Juvenile and Domestic Relations; 9/17/81 Present, Judge, Seventh Judicial Circuit (Elected), General Jurisdiction

16.     Public Office: South Carolina House of Representatives, 1973- 1974

23.     Sued: James E. Loftin brought suit against him in 1982 (see attached). The suit was dismissed in May of 1983.

25.     Health is excellent.

32.     Civic, charitable, religious, educational, social, and fraternal organizations: Sertoma International

34.     Five letters of reference:

(a)     Louie W. Blanton, Vice President

South Carolina National Bank

P.O. Box 5707, Spartanburg, SC 29304

(b)     Michael E. Spears, Esquire

P.O. Box 5806, Spartanburg, SC 29304-5806

(c)     Hon. Horace C. Smith

Senator, Spartanburg County, District #13

P.O. Box 142, Columbia, SC 29202

(d)     H. Carlisle Bean, Esquire

P.O. Drawer 81, Spartanburg, SC 29304

(e)     James R. Turner, Esquire

184 Daniel Morgan Avenue, N.E.

Spartanburg, SC 29301-2373

Q.     YOUR CREDIT IS REPORTED AS SATISFACTORY. THE RECORDS OF THE APPLICABLE LAW ENFORCEMENT AGENCIES ARE NEGATIVE AS ARE THE RECORDS OF THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION. THE JUDGMENT ROLLS OF SPARTANBURG COUNTY INDICATE, AND YOU HAVE DISCLOSED AND MADE FULL DISCLOSURE OF THIS, THAT AT ONE TIME THERE WAS A LAWSUIT BROUGHT AGAINST YOU. AND, I GUESS, AS I READ IT, THAT WAS IN YOUR CAPACITY AS A FAMILY COURT JUDGE.
A.     NO, SIR. I HAD BEEN INVOLVED WITH THAT PLAINTIFF IN THE FAMILY COURT BEFORE I CAME ON THE CIRCUIT COURT. BUT THAT SUIT, AS I REMEMBER, WAS FILED AFTER I CAME ON THE CIRCUIT COURT.

HE HAD SUED THE TWO MAGISTRATES IN THEIR OFFICIAL CAPACITY AND I HAD DISMISSED THAT. HE SUED ME FOR DISMISSING IT.

Q.     ALL RIGHT; AND THAT WAS BACK IN '83 AND---
A.     NOW, IT'S INTERESTING THAT PAUL MOORE DISMISSED THE SUIT AGAINST ME AND HE WAS NOT SUED.

(LAUGHTER.)

Q.     BUT IT WAS DISMISSED AND THAT'S ALL OVER, BUT YOU DID FILE THAT.

THE BOARD OF COMMISSIONERS ON JUDICIAL STANDARDS ADVISED US THAT THEY HAVE ADMINISTERED NO SANCTIONS AND THERE ARE NO INVESTIGATIONS. AND YOUR RECORD AS A PRACTICING ATTORNEY IS ALSO CLEAR. YOUR STATEMENT OF ECONOMIC INTEREST INDICATES ONLY YOUR JUDICIAL SALARY.

ALL RIGHT; LET'S SEE, WE LAST SCREENED YOU IN FEBRUARY OF 1982, MY RECORDS INDICATE.
A.     YES, SIR, THAT WOULD BE ABOUT RIGHT.

Q.     AND YOU'RE 46 YEARS OLD; NOT CONTEMPLATING RETIREMENT, IS THAT CORRECT?
A.     I'M IN YOUR HANDS.

(LAUGHTER.)

SENATOR SMITH: ANY QUESTIONS?

SENATOR MCCONNELL: MR. CHAIRMAN, I HAVE ONE.

SENATOR SMITH: ALL RIGHT.

EXAMINATION BY SENATOR MCCONNELL:

Q.     WHERE IS PAULINE, SOUTH CAROLINA?

(LAUGHTER.)
A.     PAULINE IS A SUBURB OF WALNUT GROVE WHERE LIVE.

(LAUGHTER.)
A.     OF COURSE, YOU KNOW WHERE WALNUT GROVE IS.

Q.     YES.
A.     I'M IN THE SOUTHERN PART OF THE COUNTY JUST NORTH OF WOODRUFF. HOW ARE WE DOING?

SENATOR SMITH: HE HAS HEARD OF WOODRUFF.

Q.     I'VE HEARD OF WOODRUFF.

REPRESENTATIVE ROGERS: NOT FAR FROM GLENN SPRINGS.

A.     NO, I'M NOT VERY FAR FROM GLENN SPRINGS.

SPEAKER: 19 MILES FROM UNION.
A.     THAT'S RIGHT. 20 MILES FROM MY FRONT DOOR TO THE COURTHOUSE IN UNION.

SENATOR SMITH: ANY OTHER QUESTIONS?

REPRESENTATIVE GENTRY: NO, SIR.

SENATOR SMITH: THANK YOU, JUDGE.

LET ME SAY, THE COMMITTEE IS ENJOYING THIS SCREENING. IT IS DEFINITELY A CHANGE OF PACE FOR US.

ALL RIGHT; WE'LL NOW EXAMINE THE CANDIDATE FOR THE VACANCY ON THE EIGHTH JUDICIAL CIRCUIT. AND THE NOTICE WAS PUBLICLY MADE AND NO ONE HAS COME FORWARD OTHER THAN THE HONORABLE JAMES E. MOORE. AND NO CITIZEN--I TRY TO SAY THAT LIKE JUDGE LITTLEJOHN WOULD SAY: JAMES E. MOORE. NO CITIZEN HAS ASKED TO BE HEARD WITH RESPECT TO HIS CANDIDACY. SO, I WOULD ASK YOU IF YOU WOULD RAISE YOUR HAND AND TAKE THE OATH.

(HONORABLE JAMES E. MOORE, CANDIDATE FOR THE CIRCUIT COURT JUDGESHIP, EIGHTH JUDICIAL CIRCUIT, WAS DULY SWORN BY SENATOR SMITH.)

EXAMINATION BY SENATOR SMITH:

Q.     YOU'VE HAD A CHANCE TO REVIEW OUR SUMMARY OF YOUR QUESTIONNAIRE?
A.     I HAVE AND IT'S CORRECT.

Q.     ALL RIGHT; HAVE YOU GOT ANY OBJECTION IF WE MAKE IT A PART OF THE RECORD JUST AS IF YOU HAD SWORN TO IT?
A.     NO OBJECTION.

Q.     ALL RIGHT, SIR. WE WILL PUT IT IN AT THIS POINT IN THE TRANSCRIPT.

PERSONAL DATA QUESTIONNAIRE SUMMARY

1.     James E. Moore

Home Address:     Business Address:

113 Stratford Road     P.O. Box 658

Greenwood, SC 29646     Greenwood, SC 29648

2.     He was born in Laurens, South Carolina on March 13, 1936.

Social Security Number: ***-**-*****

4.     He was married to Mary Deadwyler on January 27, 1963. They have 2 children: Erin Alicia, age 22 (corporate banking associate, Sun Bank, Orlando, FL) and Travis Warren, age 20 (student, Anderson College).

5.     Military Service: 1958-1964, NCANG, S/SGT, unknown serial number, Honorable Discharge

6.     He attended Duke University, 1954-1958 (BA) and Duke University School of Law, 1958-1961 (JD).

8.     Legal Experience since graduation from law school:

1961-1976, private practice of law, Greenwood, SC

1976-present, Circuit Court Judge, Eighth Judicial Circuit

15.     Judicial Office: Resident Circuit Judge, Eighth Judicial Circuit, 1976-present, elected by South Carolina Legislature, general unlimited Jurisdiction (civil and criminal)

16.     Public Office: Elected to South Carolina House of Representatives from Greenwood County, 1968, 1970, 1972 and 1974

23.     Around 1978, he was named as a Defendant in a suit in United States District Court for South Carolina brought by an inmate. The action was dismissed by the United States District Court without service of the Complaint ever being made.

25.     Health is good.

26.     He was incapacitated for 2 weeks in December, 1978, because of protruding cervical disc.

32.     Civic, charitable, religious, educational, social, and fraternal organizations: Board of Trustees, The Lander Foundation, 1985-1988; First Baptist Church of Greenwood, South Carolina; AFM #9, Greenwood, South Carolina; Greenwood Country Club

34.     Five letters of reference:

(a)     William P. Thompson, Ass't Vice President

South Carolina National Bank

P.O. Drawer 608, Greenwood, SC 29648

(b)     William T. Jones, Esquire

P.O. Box 186, Greenwood, SC 29648

(c)     T. Terry Adkins, Jr., Vice President

NCNB

P.O. Box 1058, Greenwood, SC 29646

(d)     Larry A. Jackson, President

Lander College

Greenwood, SC 29646

(e)     J. William Harris, Th.D.

First Baptist Church

P.O. Box 702, Greenwood, SC 29648-0702

Q.     YOUR CREDIT APPEARS SATISFACTORY. THE RECORDS OF THE APPLICABLE LAW ENFORCEMENT AGENCIES ARE NEGATIVE AND THE RECORDS OF THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION ARE NEGATIVE. THE BOARD OF COMMISSIONERS ON JUDICIAL STANDARDS ADVISE US THAT THERE ARE NO SANCTIONS, AND NO INVESTIGATIONS, NO REPRIMANDS AGAINST YOU. THE BOARD OF COMMISSIONERS ON GRIEVANCES AND DISCIPLINE SAY THAT THEY HAVE NO COMPLAINTS, NO FORMAL COMPLAINTS OR CHARGES OF ANY KIND. THE JUDGMENT ROLLS OF GREENWOOD COUNTY ARE NEGATIVE. YOUR STATEMENT OF ECONOMIC INTEREST INDICATES ONLY YOUR SALARY AS A CIRCUIT JUDGE. IT IS COMPLETELY UNREMARKABLE, AND THAT'S THE WAY WE LIKE IT.
A.     I WOULD PREFER THAT YOU CALL IT "REMARKABLE." (LAUGHTER.)

Q.     WE LAST SCREENED YOU IN FEBRUARY OF '82.
A.     CORRECT.

Q.     AND ARE YOU 51, WHICH IS A GOOD AGE.
A.     SUNDAY I WILL BE 52.

Q.     IT'S DOWNHILL FROM THEN ON. BY THE WAY, SENATOR BRYANT SAID HE WAS COMING OVER TO SAY BAD THINGS ABOUT YOU BUT HE WAS TOO BUSY.
A.     THAT'S GOOD.

(LAUGHTER.)

SENATOR SMITH: I HAVE NO QUESTIONS. MEMBERS OF THE COMMITTEE?

REPRESENTATIVE GENTRY: NO SIR.

Q.     JUDGE, ANY STATEMENT? ANY COMMENT?
A.     THANK YOU, SIR.

Q.     DO YOU HAVE--AND I ASKED THIS BEFORE. DO YOU THINK IT'S A CONFLICT FOR US TO ASK FOR LETTERS OF REFERENCE OR ASK YOU TO GET THEM?
A.     THE ONLY POSSIBLE CONFLICT I SEE IS ASKING A MEMBER OF THE LEGAL PROFESSION, PERHAPS; BUT I SEE--TO ANSWER YOUR QUESTION, NO, I DON'T SEE ANY CONFLICT IN ASKING SOMEONE FOR A LETTER OF REFERENCE. NO, SIR.

SENATOR SMITH: YOURS ARE COMPLETELY IN ORDER, I MIGHT ADD. THANK YOU, JUDGE.
A.     THANK YOU, GENTLEMEN.

SENATOR SMITH: ALL RIGHT; WE WILL NOW EXAMINE THE CANDIDACY FOR THE VACANCY ON THE TENTH JUDICIAL CIRCUIT AND THAT VACANCY WAS PUBLICLY NOTICED AND NO ONE HAS COME FORWARD OTHER THAN WILLIAM HOWARD BALLENGER, THE HONORABLE. AND NO CITIZEN HAS BEEN ASKED TO BE HEARD WITH REGARD TO THIS CANDIDACY.

(HONORABLE WILLIAM H. BALLENGER, CANDIDATE FOR THE CIRCUIT COURT JUDGESHIP, TENTH JUDICIAL CIRCUIT, WAS DULY SWORN BY SENATOR SMITH.)

EXAMINATION BY SENATOR SMITH:

Q.     THANK YOU, JUDGE. YOU HAVE REVIEWED THIS QUESTIONNAIRE SUMMARY?
A.     YES, SIR.

Q.     IS IT CORRECT? A. YES, SIR.

Q.     AND ANYTHING NEED CORRECTING? A. I DIDN'T SEE ANYTHING.

Q.     ALL RIGHT, SIR. DO YOU HAVE ANY OBJECTION IF WE MAKE IT A PART OF THE RECORD JUST AS IF YOU TESTIFIED TO IT?
A.     NO, SIR.

PERSONAL DATA QUESTIONNAIRE SUMMARY

1.     William Howard Ballenger

Home Address:     Business Address:

216 North Poplar Street     P.O. Box 500, Short Street

Walhalla, SC 29691     Walhalla, SC 29691

2.     He was born in Walhalla, South Carolina on February 10, 1922.

Social Security Number: ***-**-*****

4.     He was married to Lenore Butler in September of 1946. They have 1 child: William H., Jr., age 40 (South Carolina Wildlife Officer).

5.     Military Service: Enlisted USA January 9, 1942; discharged November 2, 1943 to accept commission as 2nd Lt., USAC; served as pilot B-17 Air Offense, Europe, Normandy, 615 Bomb Sq., 401 Bomb Gp., prisoner of war, Stalag Luft I, Barth Germany, 1944-45; discharged as 1st Lt. December 7, 1945, Air Metal with 2 Oak Leaf Clusters, FAME Theater Ribbon with 2 Battle Stars

6.     He attended Wofford College, 1953 (B.A.) and the University of South Carolina, 1954 (LL.B.).

8.     Legal Experience since graduation from law school:

Since he was admitted to the Bar in 1954, he practiced law with the firm of Miley and Ballenger, Attorneys, Walhalla, South Carolina, 1954-1958. In 1958 he established his own firm and since that time he has had the following partners and associates: Mr. Robert Bell, Attorney; Mr. Larry Patterson, Attorney; Mr. W. Wallace Gregory, Jr., Attorney; From January 1, 1976 until being elected Judge of the Tenth Circuit on July 22, 1976, qualified August 20, 1976, he practiced alone.
15.     Judicial Office: He was elected Judge of the Tenth Judicial Circuit of the State of South Carolina on July 22, 1976, qualified August 20, 1976. He was reelected Judge of the Tenth Judicial circuit of the State of South Carolina on April 21, 1982. The Tenth Judicial Circuit of the State of South Carolina is comprised of Anderson County and Oconee County.

16.     Public Office: City Recorder, Walhalla, South Carolina, 1956-1958, appointed; Assistant Solicitor, Tenth Judicial Circuit, 1958-1960, appointed; Solicitor, Tenth Judicial Circuit, 1965-1972, elected; County Attorney, Oconee County, South Carolina, 1962-1964, appointed; Member, South Carolina Senate, 1973-1976, elected

19.     He is presently secretary of Plus Five Corporation and Secretary of Syntric, Inc.

23.     Sued: In the late sixties as Solicitor he was subJected to possibly two suits by Defendants who brought actions against a number of court officers. All cases were dismissed as to him.

Also, around 1974, a matter was brought to his attention involving a demand for payment by the endorsers of a indebtedness by a principal debtor. There were four persons who had endorsed the obligation on behalf of the principal debtor. He was one of the four. They requested the principal debtor and the claimant be required to make an accounting as to what, if any, was due on the principal obligation. An accounting was made and an amount of money was found to be due. The principal debtor could not pay this obligation, so the four endorsers paid the debt and the matter was ended. He has had his office examine the records of Oconee County and was informed there was no suit filed.

24.     Disciplined: His name appeared in a derogatory way in a law pleading in the State of New York. Immediately upon his being made aware of the matter he informed and disclosed this fact to Chief Justice Lewis and requested a full investigation. Chief Justice Lewis advised that the matter should be fully reported by him to the Judicial Standards Board for investigation. The matter was immediately turned over to Mr. Charles J. Devic, Executive Secretary of the Board. Mr. Charles J. Devic and the New York pleadings requested a full investigation. On January 25, 1982 he was advised in writing by Mr. Devic that the Board had completed its investigation and had concluded that the allegations were without foundation and had no merit and, accordingly, dismissed the matter.

On January 21, 1987, Attorney James A. Cheek of Spartanburg, South Carolina complained to the Board of Commissioners on Judicial Standards of the manner in which he handled on ongoing civil matter. On April 13, 1987, he was advised in writing by Mabry Binnicker, Executive Secretary of the Board of Commissioners on Judicial Standards that the Board ruled that no further action should be taken in this matter since there was no indication of any violation of the Code of Judicial Conduct and the matter was, therefore, dismissed.

25.     His health is excellent.

32.     Civic, charitable, religious, educational, social, and fraternal organizations: Member of Oconee county Country Club; Member of South Carolina Judicial Invitational Golf Classic; American Legion

34.     Five letters of reference:

(a)     Denise P. McCormick, Assistant Vice President

C & S National Bank of SC

P.O. Box 642, Westminster, SC 29693

(b)     Julian L. Stoudemire, Esquire

P.O. Box 99, Seneca, SC 29679-0099

(c)     Larry C. Brandt, Esquire

P.O; Box 5830, Walhalla, SC 29691

(d)     Cary C. Doyle, Esquire

P.O. Box 2125, Anderson, SC 29622

(e)     William N. Epps, Jr., Esquire

P.O. Box 2167, Anderson, SC 29622

Q.     YOUR CREDIT IS REPORTED AS SATISFACTORY. THE RECORDS OF THE APPROPRIATE LAW ENFORCEMENT OFFICES ARE NEGATIVE AND THE JUDGMENT ROLLS OF OCONEE COUNTY ARE NEGATIVE. THE BOARD OF COMMISSIONERS ON GRIEVANCES AND DISCIPLINE SAY NO FORMAL COMPLAINTS OR CHARGES HAVE BEEN FILED AGAINST YOU AND THERE WERE NO REPRIMANDS NOTICED TO US BY THE BOARD OF COMMISSIONERS ON JUDICIAL STANDARDS. YOUR STATEMENT OF ECONOMIC INTEREST CONTAINS TWO ITEMS THAT YOU HAVE DISCLOSED. ONE IS THAT THERE IS A--I GUESS IT'S YOUR FORMER LAW OFFICE.
A.     CORRECT.

Q.     IS RENTED AND IT'S OWNED BY YOUR WIFE.
A.     THAT IS CORRECT.

Q.     AND IT'S RENTED, WHAT, TO THE STATE?
A.     TO THE COUNTY.

Q.     TO THE COUNTY, OKAY. AND YOU ALSO DISCLOSE THAT ANDERSON COUNTY BAR ASSOCIATION, OCONEE COUNTY BAR ASSOCIATION HONORED YOU WITH AN APPRECIATION DINNER AND A ROAST. HOW WAS THE ROAST?
A.     I ENJOYED THE APPRECIATION.

Q.     I WISH, JUDGE, THEY HAD LET ME IN ON THE FACT THEY WERE HAVING ONE.
A.     I WOULD HAVE BEEN ROASTED VERY WELL.

(LAUGHTER.)

Q.     YOU HAVE DISCLOSED THAT THEY GAVE YOU A SET OF GOLF CLUBS, A MANTLE CLOCK, AND A POCKET KNIFE AND THAT YOU DON'T KNOW WHAT THE COST IS.
A.     I HAVE NO IDEA. THEY'D PROBABLY BRING MORE THAN--I HAVE NO IDEA. I DO KNOW THEY COST MONEY. I KNOW THAT. AND IT HAS NOT IMPROVED MY GOLF GAME EITHER.

Q.     JUDGE, ALSO, YOU HAVE DISCLOSED HERE YOU ARE PRESENTLY SECRETARY OF PLUS FIVE CORPORATION AND SECRETARY OF SYNTRIC, INC. WHAT ARE THOSE?
A.     THEY ARE CORPORATIONS THAT WERE DEVELOPED YEARS AGO. THERE ARE THREE PEOPLE INVOLVED. ONE IS A DOCTOR; ONE IS A NEWSPAPER PUBLISHER.

Q.     WELL, YOU'RE IN GOOD COMPANY.
A.     I REALLY DIDN'T KNOW I WAS STILL LISTED AS ANY AUTHORITY IN IT UNTIL THIS CAME UP AND I CALLED TO FIND OUT. I HAD TOLD THEM SOME TIME BACK I WAS NOT GOING TO BE INVOLVED--NOTHING WRONG WITH IT--WOULD NOT BE INVOLVED WITH THEM ANYMORE, BUT APPARENTLY THEY STILL CARRY ME AS THAT.

Q.     ARE THEY ONGOING CORPORATIONS, ONGOING BUSINESSES?
A.     TO SOME EXTENT, YES.

Q.     ALL RIGHT, SIR. NOT LISTED ON THE NEW YORK STOCK EXCHANGE ANYWAY.
A.     NO, NO. THE GREAT CRASH SOME TIME AGO DIDN'T HAVE ANY EFFECT ON IT WHATSOEVER.

Q.     YOU WERE LAST SCREENED IN FEBRUARY OF 1982. AND YOUR HEALTH IS STILL GOOD; YOU ARE 66 AND STILL IN GOOD HEALTH.
A.     WELL, I FOUND OUT IF YOU LOOK A LITTLE SICK THEN A BUNCH OF THEM WON'T RUN FOR YOUR JOB RIGHT QUICK. (LAUGHTER.)

BUT IT MAKES YOU FEEL LIKE YOU'VE GOT IT BETTER SOMETIMES. AS FAR AS I KNOW I'M IN GOOD HEALTH. I HAVE A LITTLE COLD. BE GLAD TO GIVE IT TO ANYBODY WHO WANTS IT.

(LAUGHTER.)

SENATOR SMITH: ANY OTHER QUESTIONS?

HONORABLE JUDGE BURNETT: I'D LIKE TO ASK A QUESTION.

SENATOR SMITH: YES, SIR.

HONORABLE JUDGE BURNETT: I'VE BEEN LOOKING FOR SOMEBODY I COULD BEAT IN GOLF. I WANT TO KNOW WHAT YOU SHOOT.
A.     I SHOOT AROUND 100, IF THAT WILL HELP YOU ANY.

HONORABLE JUDGE BURNETT: THAT'S PRETTY CLOSE TO WHAT I DO.
A.     I DON'T WANT TO GET TOO GOOD AT IT.

SENATOR SMITH: ANY OTHER QUESTIONS?

(NO RESPONSE.)

SENATOR SMITH: THANK YOU, JUDGE. APPRECIATE IT.
A.     THANK YOU.

SENATOR SMITH: WE'RE NEXT TO EXAMINE THE CANDIDATE FOR THE VACANCY ON THE ELEVENTH CIRCUIT. THE NOTICE OF THAT VACANCY WAS PUBLICLY MADE. NO CANDIDATE CAME FORWARD OTHER THAN THE HONORABLE JULIUS H. BAGGETT. AND NO CITIZEN HAS ASKED TO BE HEARD WITH RESPECT TO JUDGE BAGGETT'S CANDIDACY.

(HONORABLE JULIUS H. BAGGETT, CANDIDATE FOR THE CIRCUIT COURT JUDGESHIP, ELEVENTH JUDICIAL CIRCUIT, WAS DULY SWORN BY SENATOR SMITH.)

EXAMINATION BY SENATOR SMITH:

Q.     ALL RIGHT. LET ME SAY SINCE THERE HAS BEEN SOME SPECULATION BECAUSE OF THE WAY THE NOTICE WENT THAT WE ARE FACED WITH AN UNUSUAL SITUATION IN THAT THERE ARE TWO VACANCIES IN THE ELEVENTH CIRCUIT, BUT ACCORDING TO THE ATTORNEY GENERAL'S OFFICE THERE ARE TWO SEPARATE AND DISTINCT POSITIONS. AND, OF COURSE, JUDGE BAGGETT, NO ONE HAS COME TO BE HEARD WITH REGARD TO YOU AND THERE IS NO OPPOSITION BUT I WANTED TO PUT THAT IN THE RECORD JUST FOR THE FUTURE THAT THERE ARE TWO SEPARATE POSITIONS AND ANYONE RUNNING WOULD HAVE TO DECIDE WHICH POSITION THEY WERE RUNNING FOR RATHER THAN RUNNING AGAINST BOTH.

Q.     YOU HAVE SEEN THE OR HAVE WITH YOU THE SUMMARY OF THE QUESTIONNAIRE?
A.     YES, SIR.

Q.     IS IT CORRECT?
A.     I WOULD LIKE TO MAKE ONE ADDITION, MR. CHAIRMAN.

Q.     YES, SIR.
A.     IT SLIPPED MY MIND UNTIL THIS MORNING WHILE THE HEARING WAS IN PROCESS. I WAS SUED IN FEDERAL DISTRICT COURT BY A CONVICT WHOM I HAD TRIED. I READ HIS COMPLAINT AND I DIDN'T KNOW WHAT IN THE WORLD HE WAS TALKING ABOUT. I COULDN'T POSSIBLY TELL YOU WHAT HE WAS WANTING. I SENT IT ALL TO THE ATTORNEY GENERAL'S OFFICE. IT WAS LATER SUMMARILY DISMISSED. I HAVE HEARD NO MORE ABOUT IT. BUT I APOLOGIZE FOR THAT, BUT I JUST FORGOT ABOUT IT.

Q.     ABOUT WHEN WAS THAT?
A.     ABOUT FOUR YEARS AGO, I THINK.

PERSONAL DATA QUESTIONNAIRE SUMMARY

1.     Julius H. Baggett

Home Address:     Business Address:

403 Main Street     Lexington County Courthouse

P.O. Box 738     P.O. Box 885

Leesville, SC 29070     Lexington, SC 29072

2.     He was born in Florence, South Carolina on February 14, 1925.

Social Security Number: ***-**-*****

4.     He was married to Evelyn Ruth Heacox on March 15, 1944. They have 4 children: Stephen D., age 37 (attorney, Greenwood, SC); David J., age 35 (physician, Summerville, SC); Judy B. Meggs, age 33 (teacher, Lexington County, SC); and Amy S., age 24 (pre-parole investigator, SC Department of Parole & Community Corrections, Columbia, SC).

5.     Military Service: U.S. Navy, June 1943 - December 1945; Signalman 2d Class (Petty Officer); Serial No. 829-24-23; Honorable Discharge

6.     He attended Furman University, September 1942 June 1943; January 1945 - July 1947, B.A. Degree awarded in 1948 after completion of, first year of law school. He attended the University of South Carolina School of Law, September 17, 1947 LLB (Reissued as J.D., September 3, 1970).

8.     Legal Experience since graduation from law school:

January 1950 - December 1957, Trial Attorney, U.S. Department of Agriculture, Office of General Counsel, Atlanta, GA; January 1958 - July 1966, partner, Buzhardt & Baggett, Attorneys at Law, McCormick, SC; July 1966 October 1976, individual practice, McCormick, SC, following death of partner; October 1976 present, Resident Circuit Judge, Eleventh Judicial Circuit

15.     Judicial Office: S.C. Circuit Courts, elected without opposition July 22, 1976, assumed office October 2, 1976; reelected without opposition in 1982. The Circuit Court of South Carolina is the highest level of trial court in South Carolina with unlimited jurisdiction in both criminal and civil cases.

16.     Public Office: South Carolina House of Representatives, 1967-1968; 1970-1974; elected in General Elections

17.     Unsuccessful candidate: House of Representatives, Democratic Primary, 1968 and House of Representatives, Democratic Primary, 1974

23.     Sued: Approximately four years ago he was sued in Federal District Court by a convict who had appeared before him. The case was dismissed.

25.     Health is excellent.
26.     He had pneumonia in March of 1986.

32.     Civic, charitable, religious, educational, social, and fraternal organizations: Leesville United Methodist Church, Leesville, SC; Mine Lodge No. 117, A.F.M. (Masonic Order); Masonic Chapter Council and Commandery; Hejaz Shrine Temple; and U.S.C. Gamecock Club

34.     Five letters of reference:

(a)     Raymond S. Caughman, President

The Lexington State Bank

P.O. Box 8, Lexington, SC 29072

(b)     Richard J. Briebart, Esquire

P.O. Box 1318, Lexington, SC 29072

(c)     Dale L. DuTremble, Esquire

#1 Gantt Street, Suite 201, Lexington, SC 29072

(d)     John A. and Katrine H. McAllister

P.O. Box 230, Mt. Carmel, SC 29840

(e)     David A. Fedor, Esquire

P.O. Box 7014, Columbia, SC 29202

Q.     YOUR CREDIT REPORT IS SATISFACTORY. THE RECORDS OF THE APPROPRIATE LAW ENFORCEMENT AUTHORITIES OR AGENCIES ARE NEGATIVE AND THE RECORD OF THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION ARE NEGATIVE. AND THE JUDGMENT ROLLS OF LEXINGTON COUNTY ARE NEGATIVE. AND THE BOARD OF COMMISSIONERS ON JUDICIAL STANDARDS SAY THEY HAVE ADMINISTERED NO SANCTIONS AND THERE ARE NO INVESTIGATIONS PENDING. AND THE BOARD OF COMMISSIONERS ON GRIEVANCES AND DISCIPLINE REPORT THAT AS AN ATTORNEY NO COMPLAINTS OR CHARGES OF ANY KIND WERE FILED AGAINST YOU. AND YOUR STATEMENT OF ECONOMIC INTEREST INDICATES ONLY YOUR JUDICIAL SALARY.

JUDGE, WE LAST SCREENED YOU IN FEBRUARY OF '82. AND YOU ARE 63.
A.     YES, SIR.

Q.     YOU ARE NOT TIRED YET?
A.     NO, SIR. I'M NOT WELL ENOUGH OFF FINANCIALLY TO BE ABLE TO QUIT; SO, I THINK I'M JUST GOING TO HAVE TO KEEP ON WORKING. I ENJOY IT TOO MUCH TO QUIT.

Q.     JUDGE, YOU DID INDICATE YOU HAD PNEUMONIA IN '86. A. YES.

Q.     ANY PROBLEMS SINCE THEN?
A.     NO, SIR, I WAS HOLDING COURT IN MARION DOWN THERE AND CAME DOWN WITH PNEUMONIA. I HAVEN'T HAD A BIT OF TROUBLE SINCE.

SENATOR SMITH: ALL RIGHT; ANY QUESTIONS, MEMBERS OF THE COMMITTEE?

REPRESENTATIVE GENTRY: NO, NONE.

SENATOR SMITH: THANK YOU, JUDGE.
A.     THANK YOU.

SENATOR SMITH: WE ARE NOW HERE TO EXAMINE THE CANDIDACY FOR THE VACANCY, ANOTHER VACANCY, ON THE ELEVENTH JUDICIAL CIRCUIT. THE NOTICE WAS PUBLICLY MADE AND NO ONE CAME FORWARD OTHER THAN JUDGE HUBERT E. LONG AND NO CITIZEN HAS ASKED TO BE HEARD WITH RESPECT TO HIS CANDIDACY. JUDGE LONG, IF YOU WOULD RAISE YOUR HAND.

(HONORABLE HUBERT E. LONG, CANDIDATE FOR THE CIRCUIT COURT JUDGESHIP, ELEVENTH JUDICIAL CIRCUIT, WAS DULY SWORN BY SENATOR SMITH.)

EXAMINATION BY SENATOR SMITH:

Q.     JUDGE, HAVE YOU REVIEWED OUR SUMMARY?
A.     YES.

Q.     ANYTHING THAT NEEDS---
A.     THE ONLY THING I SEE AND IT MAY HAVE BEEN ON THE ONE SENT IN, MY DAUGHTER IS 32 RATHER THAN 22. I DON'T THINK THAT MAKES ANY MATERIAL DIFFERENCE ONE WAY OR THE OTHER AS TO WHETHER I'M QUALIFIED OR NOT OR WHETHER I PASS THE SCREENING OR NOT.

Q.     ALL RIGHT, SIR. YOU WERE LAST SCREENED IN JANUARY OF '84.
A.     RIGHT. I SUCCEEDED, I'VE BEEN THREE-AND-A-HALF YEARS OR A LITTLE OVER FOR JUDGE TIMMERMAN, GOVERNOR TIMMERMAN OR JUDGE TIMMERMAN.

Q.     ALL RIGHT, SIR.
A.     AND NO CHANGES ON IT BASICALLY, EXCEPT I WOULD POINT OUT THAT SOME OF THE INTEREST I HAVE IN SOME DEVELOPMENTS AND, SO FORTH, I SUBMITTED IT TO OUR ETHICS, JUDICIAL ETHICS COMMITTEE. JUDGE VICTOR PYLE BACK HERE, OF COURSE, IS THE CHAIRMAN OF THAT COMMITTEE AND THEY--

Q.     WE'RE SAVING ALL THE HARD QUESTIONS FOR HIM,TOO.
A.     WELL, THEY OUTLINE THAT THE TRYING OF CASES INVOLVING PEOPLE IN THE OFFICE THAT I WAS IN I SHOULD TRANSFER TO A BLIND TRUST, WHICH I DID. AND I ALSO TELL ANYBODY THAT COMES UP THAT ANY MEMBER OF THE FIRM THAT I WAS A SENIOR MEMBER IN THAT I DO HAVE SOME INTEREST IN SOME OF THE SHOPPING CENTERS, WHATEVER, AND OTHER DEVELOPMENTS, THAT I DO HAVE AN INTEREST AND THAT IS REVEALED EVERY TIME AS AN EXTRA PRECAUTION; PLUS THE FACT THAT I DON'T KEEP UP WITH IT. ANY ASSETS OR WHATEVER FROM IT ARE PUT IN A TRUST IN A FUND THAT I DON'T EVEN REVIEW AND I TRUST WILL BE THERE SOME DAY WHEN I RETIRE, WHATEVER IT MIGHT BE. SO THERE ARE NO DIFFERENT CHANGES AND I DON'T HAVE ANYTHING TO DO WITH ANY OF THEM AT ALL.

Q.     ALL RIGHT, SIR, AND YOU HAVE FULLY DISCLOSED THAT HERE.
A.     YES, SIR, AND I HAD IT BEFORE. AND VICTOR KNOWS THIS, TOO; ONE OF THE BOYS IN THE OFFICE PLED A GUILTY AND TRIED A CASE AND HE GOT 25 FOR RAPE AND HE GOT 30 ON SERVICE OF 25 AND SUSPENDED FOR 5 YEARS; SO, AFTER THAT EVERYBODY SAYS DON'T GET HUBERT LONG, DON'T GET A LAWYER IN HIS OLD FIRM, YOU MIGHT GET HIT.

Q.     ALL RIGHT, JUDGE, THEN IF THERE IS NO OBJECTION, WE WILL MAKE THIS SUMMARY A PART OF THE RECORD AS IF IT WERE YOUR SWORN TESTIMONY AT THIS POINT.

PERSONAL DATA QUESTIONNAIRE SUMMARY

1.     Hubert E. Long

Home Address:     Business Address:

431 N. Lee Street     P.O. Box 369

Leesville, SC 29070     Lexington, SC 29072

2.     He was born in Gilbert, South Carolina on June 2, 1921.

Social Security Number: ***-**-*****

4.     He was married to Mary Frances W. Long on December 22, 1949. They have 2 children: Hubert E., Jr., age 31 (Banker/Lexington State Bank) and Nancy L. Pierce, age 32 (homemaker).

5.     Military Service: World War II, 1943-1946. Army and Air Forces, Sgt. Serial No. ?. Honorable Discharge at end of War.

6.     He attended Clemson University, 1939-1943, B.S. Degree; the University of South Carolina, 1948, L.L.B. Degree; and the University of South Carolina, 1970, J.D. Degree.

8.     Legal Experience since graduation from law school:

1948 - Began practice as a sole practitioner in the general practice of law

1952-1966 - Solicitor of the Eleventh Judicial Circuit and general practice of law

1966 - Formed partnership with Senator Francis C. Jones. Partnership grew to five members and engaged in the general practice of law

1984 - Circuit Judge

15.     Judicial Office: He was elected by the Legislature as Circuit Court Judge to succeed the Honorable George Bell Timmerman, Jr., and has served as Circuit Court Judge since August 11, 1984. He has served in more than one-half of the counties of the state and three (3) years as Administrative Judge.

16.     Public Office: House of Representatives, 2 years, 1950-1952; Solicitor, 16 years, 1952 - 1968; Solicitor, 4 months, appointed on death of Solicitor Phillip Wingard

22.     Tax Lien: A South Carolina Tax Lien of less than $150.00 was filed many years ago, which was a mistake. Withdrawal papers filed contained written acknowledgement that the lien was filed in error. He has always paid all taxes timely to the best of his knowledge.

23.     Sued: In his 40 years as an attorney 3 suits were filed against the firm partnership due to alleged handling of matters by one or more members of the firm. All three suits were ended by Order of the Court. No money was paid by the firm or insurance carrier.

25.     Health is good. He has taken mild medicine for high blood pressure and diabetes, but blood pressure, etc., has been at acceptable level for years.

27.     He has a slight hearing loss but not enough to use a hearing aid.

28.     He has regular check-ups through Dr. Jay Markowitz, 134 East Medical Lane, West Columbia, SC 29169.

32.     Civic, charitable, religious, educational, social, and fraternal organizations: Church: S.C. Lutheran Executive Committee (6 years); Home Mission Board (4 years); Baptist Hospital Foundation Board; Sunday School Teacher (33 years); Economic Development Commission for Lexington and Richland Counties (past Chairman); Masons; American Legion; Lions; Boy Scouts (Chairman); United Way Fund; Heart Fund

34.     Five letters of reference:

(a) Raymond S. Caughman, President

Lexington State Bank, P.O. Box 8, Lexington,

SC 29072

(b)     Jacob H. Jennings, Esquire

P.O. Box 106, Bishopville, SC 29010

(c)     Thomas E. McCutchen, Esquire

P.O. Drawer 11209, Columbia, SC 29211-1209

(d)     J.D. Todd, Jr., Esquire

P.O. Box 87, Greenville, SC 29602-0087

(e)     Timothy G. Driggers, Esquire

P.O. Box 1001, Lexington, SC 29072

Q.     YOUR CREDIT IS SATISFACTORY. THE APPLICABLE LAW ENFORCEMENT AGENCIES ARE NEGATIVE WITH REGARD TO YOU. THE RECORDS OF THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION ARE NEGATIVE AND THE JUDGMENT ROLLS OF LEXINGTON COUNTY ARE NEGATIVE. AND THE BOARD OF COMMISSIONERS ON GRIEVANCES OF JUDICIAL STANDARDS SAY THEY HAVE NO RECORD OF REPRIMANDS AND THE BOARD OF COMMISSIONERS ON GRIEVANCES AND DISCIPLINES SAY THERE WERE NO FORMAL COMPLAINTS OR CHARGES EVER FILED AGAINST YOU. YOU HAVE INDICATED HERE THAT YOU ARE TAKING MEDICINE FOR HIGH BLOOD PRESSURE AND DIABETES, BUT IT'S ACCEPTABLE. NO MEDICAL PROBLEMS AND---
A.     NO DIFFERENT THAN WHAT I HAD BEFORE AND THE LAST CHECK I HAD WAS ABOUT TWO MONTHS AGO AND HE SAID MY SUGAR LEVEL AND MY CHOLESTEROL AND TRIGLYCERIDES, KEEP TAKING THE MEDICINE BUT IT WAS FINE.

Q.     ALL RIGHT.
A.     I JUST EAT RABBIT FOOD.

SENATOR SMITH: I HAVE NO FURTHER QUESTIONS. MEMBERS OF THE COMMITTEE?

REPRESENTATIVE GENTRY: MR. CHAIRMAN, JUST ONE COMMENT.

SENATOR SMITH: YES, SIR.

REPRESENTATIVE GENTRY: OF COURSE, I RESIDE IN HIS CIRCUIT AND JUST WANTED TO TAKE THIS OPPORTUNITY TO SAY THAT IN MY JUDGMENT THE PEOPLE OF OUR CIRCUIT ARE WELL-PLEASED WITH NOT ONLY JUDGE LONG BUT JUDGE BAGGETT, AS WELL. IF NOT, I THINK I WOULD BE ONE OF THE FIRST TO HERE IT.

SENATOR SMITH: THANK YOU. ANY OTHER QUESTIONS OR COMMENTS?

(NO RESPONSE.)

SENATOR SMITH: THANK YOU, JUDGE.A. THANK YOU.

SENATOR SMITH: WE NOW COME TO EXAMINE THE CANDIDATE FOR THE VACANCY ON THE TWELFTH JUDICIAL CIRCUIT AND THE NOTICE WAS PUBLICLY MADE AND NO CANDIDATE HAS COME FORWARD OTHER THAN THE HONORABLE JUDGE JOHN H. WALLER, JR.; AND NO CITIZEN HAS ASKED TO BE HEARD WITH RESPECT TO HIS CANDIDACY.

(HONORABLE JOHN H. WALLER, JR., CANDIDATE FOR THE CIRCUIT COURT JUDGESHIP, TWELFTH JUDICIAL CIRCUIT, WAS DULY SWORN BY SENATOR SMITH.)

EXAMINATION BY SENATOR SMITH:

Q.     THANK YOU, SIR. A. HERE WE GO.

Q.     YOU'VE HAD A CHANCE TO REVIEW THE SUMMARY; IS IT CORRECT?
A.     AS BEST I CAN DETERMINE, IT'S CORRECT.

Q.     ALL RIGHT, SIR; AND WE LAST SCREENED YOU IN 1982. AND IF THERE IS NO OBJECTION, WE WILL MAKE THIS SUMMARY, JUST THE SUMMARY PART, A PART OF THE RECORD AS IF IT WERE YOUR SWORN TESTIMONY.
A.     ALL RIGHT.

PERSONAL DATA QUESTIONNAIRE SUMMARY

1.     John H. Waller, Jr.

Home Address:     Business Address:

202 Meadowview Lane     P.O. Box 1059

Mullins, SC 29574     Marion, SC 29571

2.     He was born in Marion County on October 31, 1937.

Social Security Number: ***-**-*****

4.     He was married to Debra Meares on May 9, 1981. He has 3 children: John Henry, III, age 19; Melissa McLaurin, age 16 and Ryan Meares, age 4.

5.     Military Service: December 1959 - June 1960; active duty; Army (Armor); discharged as a Captain; 05308230; Discharged; Honorable

6.     He attended Wofford College, 1955-1959 (Psychology BA) and the University of South Carolina School of Law, 1960- 1963 (LLB/Juris Doctor).

8.     Legal Experience since graduation from law school:

He went immediately into private practice as a sole practitioner in 1963. He practiced alone until 1976 and then took.in an associate. He practiced until 1980 until he was elected to the Circuit Bench.

15.     Judicial Office: He was elected to the Circuit Bench in 1980 until the present.

16.     Public Office: South Carolina House of Representatives, 1967-1976; South Carolina Senate, 1977-1980, elected to these offices

18.     He owns rental property and farming interest.

19.     He is an officer in a close corporation owned by him and one other person involving farming.

20.     He was charged $50.00 for a game violation in approximately 1971.

23.     He has only been sued as a member of the Marion Legislative Delegation.

25.     Health is good.

27.     He was born with a "lazy eye" (right).

34.     Five letters of reference:

(a)     W. Frank Jones, President

Davis National Bank

P.O. Box 843, Mullins, SC 29574

(b)     Haigh Porter, President

Florence County Bar Association

P.O. Box 4337, Florence, SC 29502-1337

(c)     Eugene A. Fallon, Jr., Esquire

P.O. Box 4001, Florence, SC 29502

(d)     J.M. McLendon, Esquire

P.O. Box 1096, Marion, SC 29571

(e)     Samuel B. Woods, Esquire.

P.O. Drawer 1069, Marion, SC 29571

Q.     YOUR CREDIT IS REPORTED AS SATISFACTORY. THE RECORDS OF THE APPLICABLE LAW ENFORCEMENT AGENCIES ARE NEGATIVE. THE RECORDS OF THE HIGHWAY DEPARTMENT ARE NEGATIVE. THE JUDGMENT ROLLS OF MARION COUNTY ARE NEGATIVE. THE BOARD OF COMMISSIONERS ON JUDICIAL STANDARDS HAVE NO RECORD OF REPRIMANDS AND THE BOARD OF COMMISSIONERS ON GRIEVANCES AND DISCIPLINE SAY NO FORMAL COMPLAINTS OR CHARGES HAVE EVER BEEN FILED AGAINST YOU. NOW, YOU DISCLOSED, JUDGE, THAT AS A RESULT OF YOUR NAME BEING MENTIONED IN THE NEWSPAPER--
A.     RIGHT.

Q.     YOU RECEIVED A LETTER---
A.     IF I MAY, SENATOR.

Q.     YES, SIR.
A.     I'LL KIND OF PUT IT IN MY WORDS AND THEN WE WILL CHANGE IT IF NECESSARY.

Q.     ALL RIGHT, SIR. I THINK YOUR WORDS WILL PROBABLY BE THE BEST.
A.     MY NAME WAS REPORTED IN A NEWSPAPER LIKE MANY JUDGES ARE FROM TIME TO TIME, AND I WAS NOT AWARE THAT ONCE YOUR NAME WAS PUT IN THE NEWSPAPER THAT THE JUDICIAL STANDARDS COMMITTEE HAD AN OBLIGATION TO INVESTIGATE.

WELL, MY NAME APPEARED IN THE PAPER AT ABOUT THE TIME THE APPLICATION WAS COMING OUT FOR RE-ELECTION AND THERE WAS A QUESTION ON THAT APPLICATION THAT GAVE ME A LITTLE CONCERN BECAUSE I HAD NOT BEEN REPRIMANDED IN ANY WAY. NO ONE HAD POINTED A FINGER AT ME IN ANY WAY, TO PUT IT IN SIMPLE TERMS; BUT I WAS A LITTLE CONCERNED NOT TO--I DIDN'T WANT TO ANSWER THAT QUESTION WRONG.

WELL, I ANSWERED IT; I GOT SOME ADVICE AND I ANSWERED IT: NO, NOTHING WAS DONE WRONG.

JUST ABOUT THE TIME I HAD FILLED.THAT OUT, I GOT A LETTER FROM THE JUDICIAL STANDARDS COMMITTEE THAT SAID, IN FACT, THERE WAS NO REPRIMAND. THAT THERE WAS NOTHING, THAT IT WAS THEIR OBLIGATION TO INVESTIGATE IT. THEY HAD INVESTIGATED IT. AND I ATTACHED A LETTER TO THAT EFFECT TO MY RESPONSE.

IN ESSENCE, WHAT I PUT IN THERE WAS THE LETTER THAT I GOT FROM THE JUDICIAL STANDARDS COMMITTEE, THE COPY OF THE NEWSPAPER ARTICLE, MY RESPONSE TO THE JUDICIAL STANDARDS COMMITTEE AND THEIR RESULT.

AND I WANTED TO BRING ALL OF THAT BEFORE THE SCREENING COMMITTEE BECAUSE IT WAS ALL DONE PROPERLY BUT I KNEW THAT IF I DIDN'T, THERE WAS ALWAYS THE POSSIBILITY THAT A YEAR OR TWO YEARS DOWN THE ROAD, ALTHOUGH NOTHING WAS WRONG, SOMEBODY COULD COME BACK AND POINT A FINGER AND SAY: YOU DIDN'T DO IT AND YOU SHOULD HAVE. I DIDN'T WANT THAT QUESTION TO COME UP; SO, I BROUGHT IT BEFORE THE COMMITTEE MYSELF.

Q.     JUDGE, AM I TO UNDERSTAND THAT IF A JUDGE'S--AND ALL YOU DID IN THIS CASE WAS RESPOND TO A QUESTION BY A NEWSPAPER REPORTER.
A.     THAT'S RIGHT.

Q.     AND APPARENTLY FURNISHED THE INDIVIDUAL WITH SOME - WITH A PORTION OF THE CODE OF JUDICIAL CONDUCT AND MADE A STATEMENT: "YOU NOT ONLY HAVE TO NOT DO WRONG, BUT YOU HAVE TO LOOK LIKE YOU ARE NOT DOING WRONG."
A.     THAT WAS NOT EXACTLY MY QUOTE BUT THAT WAS THE ONE THAT WAS IN THE PAPER.

Q.     ALL RIGHT, SIR.
A.     MY QUOTE WAS: "YOU NOT ONLY HAVE TO BE RIGHT, IT'S GOT TO LOOK RIGHT."

Q.     ALL RIGHT, SIR. AND, JUDGE, YOU SAY THAT JUDICIAL STANDARDS IS OBLIGATED THEN TO INQUIRE OF YOU, OR OF ANY JUDGE, ABOUT THAT STATEMENT.
A.     SO THEY TELL ME. I DON'T GO BEHIND THEM. THEY TELL ME THAT THEY HAVE TO DO IT.
Q.     I THINK IT'S IMPORTANT TO PUT THAT IN THE RECORD FOR THE PUBLIC'S UNDERSTANDING AND THE GENERAL ASSEMBLY'S UNDERSTANDING OF WHAT HAPPENS WHEN A JUDGE'S NAME APPEARS IN THE PAPER; SO THAT IF YOU ARE EVER ASKED A QUESTION, "ARE THERE ANY INVESTIGATIONS GOING ON?" THEY SIMPLY WROTE YOU AND SAID, "WE NEED A RESPONSE FROM YOU. ENCLOSED IS A COPY OF THE ARTICLE."
A.     YES, SIR, AND AS YOU LOOK AT YOUR HANDOUTS OR WHATEVER IT IS THAT YOU'VE GIVEN THE MEMBERS OF YOUR COMMITTEE, THEY WROTE THAT LETTER SAYING THAT, SAYING, "IF YOUR NAME IS THERE AND HERE IS THE ARTICLE," AND YOUR NAME WAS THERE, YOU HAVE GOT TO RESPOND; AND MY RESPONSE IS ALSO ATTACHED.

Q.     YOUR STATEMENT OF ECONOMIC INTEREST, I DID NOT MENTION, SHOWS ONLY YOUR JUDICIAL SALARY. I DID NOT KNOW YOU HAD A, QUOTE, "LAZY EYE," END QUOTE. ALL THESE YEARS I'VE KNOWN YOU AND I'VE NEVER NOTICED IT. WHAT MAKES IT LAZY?
A.     IT'S A LITTLE THING IN THE BACK OF YOUR EYEBALL THAT IS SUPPOSED TO DEVELOP AND MINE DIDN'T DEVELOP AND, SO, THERE IS ABSOLUTELY NOTHING WRONG WITH MY EYE EXCEPT THAT LITTLE PINPOINT THING BUT BECAUSE IT DIDN'T DEVELOP, I CAN'T SEE OUT OF IT. I'VE GOT 20/80 VISION. IT DOESN'T HURT PLAYING TENNIS OR IT DOESN'T HURT SHOOTING. AMBLYOPIA IS ACTUALLY WHAT IT'S SUPPOSED TO BE.

Q.     I OUGHT TO MAKE YOU SPELL IT BUT I WON'T.
A.     I CAN'T.

(LAUGHTER.)

SENATOR SMITH: ANY OTHER QUESTIONS?

REPRESENTATIVE GENTRY: MR. CHAIRMAN, I DO HAVE ONE QUESTION.

SENATOR SMITH: YES, SIR.

EXAMINATION BY REPRESENTATIVE GENTRY:

Q.     JUDGE, IN REGARD TO THIS SITUATION IN CHARLESTON.
A.     RIGHT.

Q.     IS IT STILL A PRACTICE THAT IS TAKING PLACE IN CHARLESTON? I HAVE HAD A GOOD MANY QUESTIONS ABOUT THIS.
A.     I DON'T KNOW. I DON'T KNOW IF YOU CAN TELL FROM MY LETTERS OR NOT, BUT I HADN'T BEEN IN CHARLESTON FOR A YEAR OR SO WHENEVER THIS FIRST WAS BROUGHT TO MY ATTENTION. GEDNEY HOWE AND I ARE REAL CLOSE FRIENDS. GEDNEY HAS BEEN TO MY HOUSE AND I'VE BEEN TO GEDNEY'S HOUSE AND MY WIFE AND I HAVE SPENT TIME AT GEDNEY'S. WE ARE CLOSE FRIENDS.

Q.     I UNDERSTAND.
A.     AND I HADN'T BEEN IN CHARLESTON FOR A YEAR OR SO AND WE HAD A JUDICIAL, OUR ANNUAL JUDGE'S MEETING THAT WE HAVE IN AUGUST AND SOMETHING WAS BROUGHT UP AT THAT MEETING ABOUT SOMEBODY THAT WAS STAYING WITH LAWYERS; AND I THOUGHT: WELL, YOU KNOW, GEDNEY'S THE ONLY ONE I HAVE EVER STAYED WITH AND MAYBE I SHOULDN'T DO THAT. SO, I QUIT. AND THEN, I SAY, A YEAR LATER I WENT BACK TO CHARLESTON AND GEDNEY ASKED ME TO STAY WITH HIM AND I TOLD HIM NO. AS A MATTER OF FACT, I THINK HE GOT A LITTLE UPSET WITH ME BECAUSE I TURNED HIM DOWN AND I COULDN'T TELL HIM WHY I WAS TURNING HIM DOWN. YOU KNOW, IT DIDN'T MAKE GOOD SENSE. AND BUT I WOULDN'T STAY WITH HIM. I HADN'T STAYED WITH HIM FOR A - LONG TIME AND THEN I DIDN'T GO TO CHARLESTON FOR A LONG TIME. AND, SO, I HAVE NO IDEA IF THE PRACTICE IS GOING ON NOW. I KNOW IT'S NOT WITH ME. I DOUBT IT IS WITH ANYBODY ELSE, BUT I KNOW IT'S NOT WITH ME. AND BY THE WAY, I HADN'T HAD HIM AT MY HOUSE SINCE THAT TIME EITHER WHICH IS KIND OF BAD, WHICH BROUGHT ABOUT THE LAST STATEMENT THAT I HAD IN MY LETTER.

SENATOR SMITH: I WANTED TO READ THAT INTO THE RECORD, TOO, JUDGE, BECAUSE THE LETTER WOULDN'T GO IN THE TRANSCRIPT. YOUR LETTER TO US HAS THIS PARAGRAPH AND I THINK IT'S WELL STATED. YOU SAY: "IT HAD NEVER ENTERED MY MIND UNTIL THE LAST OF AUGUST 1986 THAT I HAD TO WALK ON EGG SHELLS WHEN I DEALT WITH A LAWYER ON A PERSONAL FRIENDSHIP BASIS. SINCE THEN, MY JUDICIAL STANDARDS ARE ENHANCED BUT MY PERSONAL FRIENDSHIPS HAVE DIMINISHED."
A.     THAT'S RIGHT.

SENATOR SMITH: IN A SENSE THAT'S SAD, BUT IT'S COMPLETELY PROPER. I THINK THAT IS WHAT HAPPENS TO A JUDGE ON THE BENCH IF THEY ARE GOING TO BE VERY, VERY CAREFUL.
A.     THAT'S RIGHT. I HATE THAT IT'S THAT WAY, BUT IT IS THAT WAY.

REPRESENTATIVE GENTRY: I JUST WANT TO COMMENT THAT I THINK YOU HANDLED THAT IN THE RIGHT WAY, OF COURSE, AND IT'S IMPORTANT.
A.     THANK YOU.

SENATOR SMITH: ANY OTHER QUESTIONS OR COMMENTS BY MEMBERS OF THE PANEL?

(NO RESPONSE.)

SENATOR SMITH: THANK YOU, JUDGE.
A. THANK YOU.

SENATOR SMITH: WE ARE NOW EXAMINING CANDIDATES FOR THE VACANCY IN THE THIRTEENTH JUDICIAL CIRCUIT AND THE NOTICE WAS PUBLICLY MADE AND NO ONE HAS COME FORWARD OTHER THAN THE HONORABLE C. VICTOR PYLE, JR.; AND NO CITIZEN HAS ASKED TO BE HEARD ABOUT YOUR CANDIDACY, OR ANY COMPLAINT THEREOF. AND I WOULD ASK THAT YOU TAKE THE OATH.

(HONORABLE C. VICTOR PYLE, JR., CANDIDATE FOR THE CIRCUIT COURT JUDGESHIP, THIRTEENTH JUDICIAL CIRCUIT, WAS DULY SWORN BY SENATOR SMITH.)

EXAMINATION BY SENATOR SMITH:

Q.     JUDGE PYLE, HAVE YOU EVER SEEN OUR SUMMARY OF YOUR QUESTIONNAIRE; IS IT CORRECT?
A.     IT'S CORRECT.

Q.     ALL RIGHT; ANY OBJECTION IF WE MAKE IT A PART OF THE RECORD AS IF WERE YOUR SWORN TESTIMONY IN THE TRANSCRIPT?
A.     NO OBJECTION.

Q.     WE WILL DO IT AT THIS POINT.

PERSONAL DATA QUESTIONNAIRE SUMMARY

1.     C. Victor Pyle, Jr.

Home Address:     Business Address:

12 Quail Hill Drive     310 Greenville Cnty

Courthouse

Greenville, SC 29607     Greenville, SC 29601

2.     He was born in Greenville County on December 24, 1934.

Social Security Number: ***-**-*****

4.     He was married to Johanna Wright on June 8, 1957. They have 3 children: Louisa D., age 28 (marketing, Liberty Corporation); Sarah B., age 25 (Research Director/Press Secretary for Lt. Governor Nick Theodore); C. Victor, III, age 18 (Freshman, Honors College, University of South Carolina).

5.     Military Service: None

6.     He attended the University of South Carolina, 1953-1957; the University of South Carolina Law School, 1957-1959 (LLB, 1959/JD, 1970); and the National Judicial College, Reno, Nevada, 1980.

8.     Legal Experience since graduation from law school:

Partner, Pyle & Pyle, Greenville, South Carolina, 1959-1976; Assistant City Attorney, Greenville, 1963-1965; Municipal Court Judge, 1965-1968; Judge, Greenville County Court, 1976-1979; Circuit Judge at Large, 1979-1982; and Resident Judge of the Thirteenth Judicial Circuit, 1982-present

15.     Judicial Office: Judge, Greenville Municipal Court, 1965-1968, appointed by City Council, Traffic and Criminal Jurisdiction, $200 or 30 days; Judge Greenville County Court, 1976-1979, elected by Bar Association, civil jurisdiction up to $25,000, criminal jurisdiction concurrent with general session except for murder, rape, treason, etc.; Circuit Court at Large, 1979-1982,; Resident Judge of the Thirteenth Judicial Circuit, 1982-present, court of general jurisdiction

16.     Public Office: House of Representatives, 1969-1974; First Vice-Chairman of the Judiciary Committee, 1973-1974

20.     He was given a ticket for shooting over a baited dove field some years ago by a South Carolina Game Warden. He forfeited a $50.00 bond. He was charged upon entering the field and before any gun was fired. He did not know the field was baited.

23.     He has been sued on two or three occasions by inmates of the Department of Corrections.

24.     A party to a lawsuit against whom he had granted summary judgment complained to the Chief Justice, and he referred the matter to the Judicial Standards Commission. No action was taken by it.

25.     Health is good.

32.     Civic, charitable, religious, educational, social, and fraternal organizations: Poinsett Club, Greenville, South Carolina; City Club; Audubon Society; South Carolina Wildlife Federation; South Carolina ETV Endowment

34.     Five letters of reference:

        (a)     R. Stan Kryder, Senior Vice President

First Union National Bank of SC

P.O. Box 1329, Greenville, SC 29602

(b)     Theron G. Cochran, Esquire

P.O. Box 10045, Greenville, SC 29603

(c)     Barney O. Smith, Jr., Esquire

Suite 200, Falls Place, 531 South Main Street

Greenville, SC 29601

(d)     Joseph J. Watson, Solicitor

Thirteenth Judicial Circuit

Suite 112, Greenville County Courthouse

Greenville, SC 29601-2192

(e)     John E. Johnston, Esquire

P.O. Box 87, Greenville, SC 29602-0087

Q.     YOUR CREDIT IS SATISFACTORY. AND RECORDS OF THE APPLICABLE LAW ENFORCEMENT AGENCIES ARE NEGATIVE AND AS ARE THE RECORDS OF THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION. IT WAS MUCH EASIER TO SAY WHEN IT WAS JUST "THE HIGHWAY DEPARTMENT."

THE JUDGMENT ROLLS OF GREENVILLE COUNTY ARE NEGATIVE. THE BOARD OF COMMISSIONERS ON - JUDICIAL STANDARDS SAY THEY HAVE ADMINISTERED NO SANCTIONS AND NO INVESTIGATIONS ARE PENDING. AND THE BOARD OF COMMISSIONERS ON GRIEVANCES AND DISCIPLINE REPORT THAT AS ATTORNEY NO COMPLAINTS OR CHARGES WERE FILED AGAINST YOU OR HAVE EVER BEEN FILED AGAINST YOU. YOUR STATEMENT OF ECONOMIC INTEREST IS, AS WE SAY IN THIS BUSINESS, UNREMARKABLE WITH THE EXCEPTION THAT YOU HAVE DISCLOSED YOUR INTEREST IN A CONDOMINIUM WITH THREE OTHER LAWYERS AND YOU HAVE A ONE-FOURTH INTEREST. AND YOUR ECONOMIC INTEREST DISCLOSURE SAYS: "CONFLICT IF ANY OF ABOVE ATTORNEYS APPEAR BEFORE ME IN COURT. WOULD HAVE TO EXCUSE MYSELF, POSSIBLY," YOU SAY. HAS THAT BEEN A PROBLEM YET?
A.     NO, PROBLEM AT ALL.

Q.     ALL RIGHT, SIR. AND I BELIEVE, AS WAS SAID BY JUDGE WALLER AHEAD OF YOU, WHAT, YOU HAVE GOT A POSITION IN THE JUDICIARY HAVING TO DO WITH ETHICS; WHAT IS THAT?
A.     THE SUPREME COURT HAS BY RULE ESTABLISHED AN ADVISORY COMMITTEE ON STANDARDS OF JUDICIAL CONDUCT AND I AM CHAIRMAN OF THAT.

Q.     EXCELLENT.
A.     IT ISSUES ADVISORY OPINIONS TO INQUIRING JUDGES ON WHAT THEY WANT TO DO OR, PERHAPS, WHAT THEY HAVE DONE.

Q.     YOU WERE LAST SCREENED IN 1982 IN MARCH, I BELIEVE.
A.     CORRECT.

Q.     AND YOU ARE 53.

SENATOR SMITH: ANY QUESTIONS, ANY OTHER QUESTIONS FROM MEMBERS OF THE COMMITTEE?

(NO RESPONSE.)

SENATOR SMITH: ANY STATEMENT, JUDGE? WE ARE DELIGHTED TO HAVE YOU.
A.     ONLY THAT IT'S NICE TO RUN UNOPPOSED.

SENATOR SMITH: THANK YOU. IT'S THE BEST WAY.
A.     I HAVEN'T DONE THAT BEFORE, BUT IT'S NICE.

SENATOR SMITH: I THINK THAT SPEAKS TO THE JOB YOU'RE DOING. THANK YOU, SIR.
A.     THANK YOU.

SENATOR SMITH: WE ARE NOW EXAMINING CANDIDATES FOR THE FOURTEENTH JUDICIAL CIRCUIT. THE NOTICE WAS PUBLICLY MADE AND NO ONE HAS COME FORWARD OTHER THAN THE HONORABLE LUKE N. BROWN, JR. AND NO CITIZEN HAS ASKED TO BE HEARD WITH RESPECT TO JUDGE BROWN'S CANDIDACY.

I WILL ASK YOU IF YOU WILL TAKE THE OATH, SIR.

(HONORABLE LUKE N. BROWN, JR., CANDIDATE FOR THE CIRCUIT COURT JUDGESHIP, FOURTEENTH JUDICIAL CIRCUIT, WAS DULY SWORN BY SENATOR SMITH.)

EXAMINATION BY SENATOR SMITH:

Q.     THANK YOU, JUDGE. YOU HAVE REVIEWED OUR SUMMARY OF YOUR ANSWERS TO THE QUESTIONNAIRE?
A.     YES, SIR.

Q.     DOES IT APPEAR TO BE CORRECT?
A.     YES, SIR.

Q.     ANY OBJECTION IF WE MAKE IT A PART OF THE RECORD AS IF IT WERE YOUR SWORN TESTIMONY?
A.     NO, SIR.

Q.     ALL RIGHT, SIR, WE WILL DO THAT AT THIS POINT THEN.

PERSONAL DATA QUESTIONNAIRE SUMMARY

1.     Luke N. Brown, Jr.

Home Address:     Business Address:

P.O. Box 879     P.O. Box 879

Ridgeland, SC 29936     Ridgeland, SC 29936

2.     He was born in McCormick, South Carolina on November 16, 1919.

Social Security Number: ***-**-*****

4.     He was married to Hazel Rejane Gouldon on October 13, 1942.

They have 5 children: Sharon B. Wall, age 44 (Rural Mail Carrier); Luke N., III, age 40 (attorney); Rhett B. McGehee, age 38 (housewife); Stephanie B. Morton, age 36 (Ticket Agent for Airlines); and Pamela B. Altman, age 34 (secretary).

5.     Military Service: Service No. 656 08 35; U.S. Navy; Entered service September 30, 1941; Discharged June 18, 1943; Honorable Discharge (Medical); Rank: QM 3/c

6.     He attended the University of South.Carolina from September 1947 through September 1951 (LLB).

8.     Legal Experience since graduation from law school:

1951 to 1958 - Partner in firm of Walker Brown, Ridgeland, SC

1958 to 1962 - Partner in firm of Walker, Brown McKellar, Ridgeland, SC

1962 to 1969 - Sole practitioner in law offices of Luke N. Brown, Jr., Ridgeland, SC

1969 to 1971 - Partner in firm of Brown & Brown, Ridgeland, SC

1971 to 1980 - Sole practitioner in Law Office of Luke N. Brown, Jr., Ridgeland, SC

1980 to present - Judge of the 14th Judicial Circuit

15.     Judicial Office: Elected Judge of the 14th Judicial circuit, State of South Carolina, March 26, 1980. He assumed office July 11, 1980 and has served in this capacity since that time.

16.     Public Office: He was appointed Chairman of the Jasper County Election Commission from 1966 to 1980.

20.     In 1951 he was arrested and tried for night hunting. He was found not guilty by jury.

22.     Tax Lien: On October 14, 1958 a tax lien was filed by the South Carolina Tax Commission for $628.58 (satisfied October 18, 1958). On September 26, 1960 a tax lien was filed by the South Carolina Tax Commission for $41.58 (satisfied October 1, 1960).

23.     Sued:

(1) 1978 - by Henry E. Ingram, Jr. regarding dissolution of partnership involving land settled by parties (Jasper County)

(2) 1974 - by Gary D. Brown regarding dissolution to law partnership - settled by parties (Jasper County)

(3) 1973 - by Carolyn D. and John D. Herndon alleging co-ownership of property - dismissed (Jasper County)

(4) 1976 - by FDIC - suit for collection on endorsement note. Judgment paid (Federal Court C/A 7.6-626)

(5) 1976 - by Marian Weed - suit for collection on endorsement note. Judgment paid (Federal Court-C/A 76-251)

(6) 1974 - by Miriam Coldanchise. He was named as a co-Defendant in an action involving a suit to quiet title for work done by her attorneys. He was dismissed as a co-Defendant by Judge Robert Chapman on July 21, 1976 and January 27, 1977. (C/A 74-482)

(7) 1982 - by disgruntled Defendant along with various Clerks of Court, Family Court Judges, Sheriffs and other parties entitled: Mary D.S. Peters vs. Morgon J. McCutcheon, W. Henry Jackson, Luke N. Brown, Jr., C. C. Mattox, Randolph Murdaugh, Jr. and Beaufort County, South Carolina - present status of litigation directed verdict by Federal District court affirmed by U.S. Circuit court of Appeals status to U.S. Supreme Court unknown

24.     Disciplined: Evelyn Frist, a client of Luke Brown and William Fant (Attorney from Anderson County) complained of disbursement of settlement proceedings. He received a private reprimand before the Board of Commissioners on Grievances and Discipline on January 10, 1975.

25.     Health is excellent.

26.     He had triple by-pass surgery at Memorial Hospital, Savannah, Georgia on June 2, 1984.

32.     Civic, charitable, religious, educational, social, and fraternal organizations: Masonic Lodge #98, Ridgeland, South Carolina; A & A Scottish Rites, Savannah Georgia of Free Masonry; Shriner, Omar Temple, Charleston; American Legion Post #58, Ridgeland, South Carolina; St. Pauls United Methodist Church, Ridgeland, South Carolina; U.S.C. Alumni; U.S.C. Education Foundation; U.S.C. Gamecock Club; Half Scholarship Member; Sponsor of Ducks Unlimited, Inc.; Mary Heyward Chapter #124, O.E.S., Ridgeland, South Carolina

34.     Five letters of reference:.

(a)     James R. Rhodes, Jr., Vice President

First National Bank

P.O. Box 880, Ridgeland, SC 29936

(b)     J.N. Malphrus, President

Jasper County Bar

P.O. Drawer M, Ridgeland, SC 29936

(c)     Zenie M. Ingram, Executive Director

Jasper County of Commerce

Box 1267, Ridgeland, SC 29936

(d)     Hon. Randy M. Blackmon

Sheriff of Jasper County

P.O. Box 1366, Ridgeland, SC 29936

(e)     D.P. Lowther, Chairman

Jasper County Council

P.O. Drawer F, Ridgeland, SC 29936

Q.     YOUR CREDIT IS REPORTED SATISFACTORY AND THE RECORDS OF THE APPROPRIATE LAW ENFORCEMENT AGENCIES ARE NEGATIVE AS ARE THE RECORDS OF THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION. THE JUDGMENT ROLLS OF RIDGELAND COUNTY--
A.     JASPER COUNTY.

Q.     JASPER COUNTY, SHOULD BE. YES, RIDGELAND IS NOT A COUNTY, YET IS IT?
A.     NO, SIR.

Q.     ALL RIGHT, SIR. THEY ARE NEGATIVE. AND THE BOARD OF COMMISSIONERS ON JUDICIAL STANDARDS REPORT THAT AS AN ATTORNEY NO FORMAL COMPLAINTS OR NO INVESTIGATIONS WERE MADE AGAINST YOU. AND THE BOARD OF COMMISSIONERS ON GRIEVANCES AND DISCIPLINE REPORT THAT NO FORMAL COMPLAINTS OR CHARGES HAVE EVER BEEN FILED AGAINST YOU. YOUR STATEMENT OF ECONOMIC INTERESTS INDICATE NOTHING BUT YOUR JUDICIAL SALARY.

Q.     JUDGE, WE LAST SCREENED YOU IN 1982. IT DOESN'T SEEM LIKE IT WAS THAT LONG AGO.
A.     NO, SIR, TIME PASSES FAST.

Q.     AND YOU HAVE DISCLOSED IN YOUR MATERIAL HERE CERTAIN ITEMS WHICH WERE PRESENT AT THAT TIME AND NOTHING BASICALLY HAS CHANGED EXCEPT YOU HAD TRIPLE-BYPASS SURGERY JUNE OF '84.
A.     YES, SIR.

Q.     HOW ARE YOU DOING?
A.     GREAT. NO PROBLEM WHATSOEVER. AND I HAD ONE, I THINK YOU SEE, DISGRUNTLED LITIGANT THAT BROUGHT AN ACTION AGAINST SEVERAL JUDGES AND SHERIFFS AND THINGS. THAT IS THE ONLY THING THAT HAS OCCURRED SINCE I WAS LAST SCREENED.

Q.     ALL RIGHT, SIR. AND THAT CASE IS OVER WITH.
A.     YES, SIR.

SENATOR SMITH: ANY QUESTIONS?

(NO RESPONSE.)

SENATOR SMITH: THANK YOU, JUDGE.
A.     THANK YOU VERY MUCH.

SENATOR SMITH: OUR PROCESS NOW, OF COURSE, IS THAT WE WOULD GO INTO EXECUTIVE SESSION AND DISCUSS THE MATTER OF THE SITUATION. LET ME SAY, AND I THINK THIS OUGHT TO BE SAID AT THIS POINT, YOU KNOW, PERHAPS THIS IS A PERFUNCTORY EXERCISE, BUT I DON'T THINK SO BECAUSE IT SAYS TO THE PUBLIC AND TO THE LEGISLATURE THAT THIS STATE IS DETERMINED THAT ITS JUDICIAL BRANCH WILL BE ABOVE REPROACH AND THIS PROCESS, AS ROUTINE AS IT MAY BE, FORCES, IF YOU WILL, ALL OF YOU WHO SIT ON THE BENCH TO LOOK AT YOUR LIFE STYLE, TO LOOK AT WHAT GOES ON AROUND YOU, TO BE AWARE, JUDGE PYLE, OF SITUATIONS THAT MIGHT ARISE AS YOU ARE AWARE IN YOUR POSITION. AND I THINK IT'S IMPORTANT THAT WE DO THIS SO THE PUBLIC KNOWS THAT WE ARE DOING THE BEST JOB WE CAN TO ENSURE A QUALIFIED AND AN UPRIGHT JUDICIAL SYSTEM IN THIS STATE, AND I AM PROUD OF THE SYSTEM. AND THIS, AGAIN, MAY BE PERFUNCTORY AND IT REQUIRES SOME ADDITIONAL WORK ON YOU FOLKS PART TO LOOK AT THE RECORDS AND GET ALL THIS DOWN IN WRITING, BUT I THINK IT'S IMPORTANT AND APPRECIATE ALL OF YOUR COOPERATION AND DELIGHTED TO SEE YOU. ANY OTHER MEMBERS OF THE COMMITTEE HAVE ANY COMMENTS?

REPRESENTATIVE GENTRY: NO, SIR.

SENATOR SMITH: THANK YOU ALL FOR COMING AND WE'LL GO INTO EXECUTIVE SESSION AT THIS TIME. (WHEREUPON, THE PROCEEDINGS WERE CONCLUDED AT 10:27 A.M.)

FINDINGS OF FACT

The Judicial Screening Committee has investigated the qualifications of the following candidates and finds each to be qualified to seek reelection.

Hon. David F. McInnis     Third Judicial Circuit
Hon. Edward B. Cottingham     Fourth Judicial Circuit
Hon. E. C. Burnett, III     Seventh Judicial Circuit
Hon. James E. Moore     Eighth Judicial Circuit
Hon. William H. Ballenger     Tenth Judicial Circuit
Hon. Julius H. Baggett     Eleventh Judicial Circuit
Hon. Hubert E. Long     Eleventh Judicial Circuit
Hon. John H. Waller, Jr.     Twelfth Judicial Circuit
Hon. C. Victor Pyle, Jr.     Thirteenth Judicial Circuit
Hon. Luke N. Brown, Jr.     Fourteenth Judicial Circuit

Respectfully submitted,

Thomas E. Smith, Jr., Chairman

/s/ Sen. Isadore E. Lourie

/s/ Sen. John A. Martin

/s/ Sen. Glenn F. McConnell

/s/ Rep. James M. Arthur

/s/ Rep. Larry E. Gentry

/s/ Rep. D. Malloy McEachin, Jr.

/s/ Rep. John I. Rogers, III

(Since my law firm has an interest in a piece of property in which Judge Edward B. Cottingham's wife also has an interest and to avoid any appearance of conflict, I abstain from voting on this particular race. /s/ John I. Rogers, III)

(On motion of Rep. McEACHIN, the Report was ordered printed in the Journal.)

Received as information.

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

The following was received.

April 5, 1988

MEMORANDUM TO:     Clerk of the Senate

Clerk of the House

RE:                                     Transcripts of Hearings

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

Respectfully submitted,

/s/ 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.

THE CITADEL--two seats, at-large, six year term;

Raymond M. Bost

Jimmy L. Green

James E. Jones, Jr.

Matthew E. Lynch

James A. Majeski, Ph.D., M.D.

C. Phillip Marshall
*     William F. Prioleau, Jr.

CLEMSON UNIVERSITY--three seats, at-large, four year term; one seat, at-large, unexpired term (1990)

Regular Term

*     John J. Britton, M.D.

Louis B. Lynn, Ph.D.

Allen P. Wood

Unexpired Term

Dara Williamson Cothran
*     Fletcher C. Derrick, Jr., M.D.

Leon C. Harmon

W. Thomas Lavender, Jr.

C.D. Plyler

Walter C. Robinson, III, D.V.M., M.S.

Gill D. Timpson

Thomas S. Welsh

MEDICAL UNIVERSITY OF SOUTH CAROLINA--three seats, representing health profession, one each from 4th, 5th and 6th Congressional Districts; three seats, representing non-health profession, one each from 1st, 2nd and 3rd Congressional Districts, four year term

*         Charles Hanna, M.D. (health profession, 4th)

C.P. Fishburne, Jr., D.D.S. (health profession, 5th)

Terry L. Dodge, M.D. (health profession, 5th)
*         E. Conyers O'Bryan, Jr., M.D. (health profession, 6th)
*     Melvyn Berlinsky (non-health profession, 1st)
**     Milton Clemons (non-health profession, 1st)
**     Michelle F. Fitzpatrick (non-health profession, 1st)
**     Ellen C. Green (non-health profession, 1st)
**     Benjamin S. Horne, Jr. (non-health profession, 1st)

Gene H. Kizer, Sr. (non-health profession, 1st)

Bernard A. Ray, Jr. (non-health profession, 1st)

Judson C. Spence, Sr., Ph.D. (non-health profession, 1st)
*     Allan E. Stalvey (non-health profession, 2nd)
*** William Bruce Ezell, Jr., Ph.D. (non-health profession, 3rd)

SOUTH CAROLINA STATE COLLEGE--one seat, at-large, unexpired term (1991)

**     Elizabeth Hunt Alston

Cornelius Campbell

Albert Gerome Hayward, Ph.D.

Carolyn R. McIver, Ph.D.

James a. Paschal, Ed.D.

Donald Eugene Thomas

William Courtsworthy Weaver

Gilbert B. "Gigi" Zimmerman

UNIVERSITY OF SOUTH CAROLINA--eight seats, one each from the 2nd, 4th, 6th, 8th, 10th, 14th, 15th and 16th Judicial Circuits, four year term

*     Charles E. Simons, III (2nd)
*     Robert M. Bennett (4th)
*     James Bradley (6th)
*     Herbert Adams (8th)
*     Lily-Roland Hall (10th)
*     William L. Bethea, Jr. (14th)
*     Eugene Cater Floyd (15th)
*     Samuel R. Foster, II (16th)

WIL LOU GRAY OPPORTUNITY SCHOOL--three seats, at-large, four year term

DaMaris E. Ayres
*     Marvin Efron, O.D., Ph.D.

Kathy Gibson
*     Wilhelmina McBride

Ronald Rash

David B. Stout, Jr.
*     Olive F. Wilson

WINTHROP COLLEGE--two seats, at-large, six year term; one seat, at-large, unexpired term (1990)

Regular Term

A. Keith Bridges, Ed.D.

Mary Anne D. Douglas

James A. Franklin, Sr.
*     John W. "Jack" Lindsay

Susan H. McMillan
Unexpired Term

Vance J. Bettis

Judy A. Brock

Andrew M. Crane

Kathy L. Trout, Ph.D.
**     Colleen Yates

*         INCUMBENT
**     NO RECOMMENDATION FOR FAILURE TO APPEAR

This committee has investigated each of the candidates, has conducted public hearings on March 15 and March 22, 1988, and has duly considered the legal qualifications of each of the applicants. Based thereon, the committee finds the candidates appearing before the committee at the hearings to be legally qualified as candidates for the boards of trustees. The committee reports without recommendation for failure to appear those candidates not appearing at the hearings.

Respectfully Submitted,

Rep. Eugene C. Stoddard     Sen. Alexander S. Macaulay
Chairman     Vice-Chairman

Rep. Eugene D. Foxworth     Sen. Hugh K. Leatherman
Secretary

Rep. Daniel E. Martin     Sen. Thomas H. Pope, III

Rep. Jennings G. McAbee     Sen. A."Joe" G. Wilson

HEARING OF MARCH 15, 1988
Before the Joint Legislative Screening Committee
to Investigate Candidates for Trustees for
Colleges and Universities

TRANSCRIPT OF HEARING

First day of 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 (three seats--health professionals from the fourth, fifth and sixth congressional districts; three seats--lay or nonhealth related persons from first, second and third congressional districts), South Carolina State College, University of South Carolina (one each from the second, fourth, sixth, eighth, tenth, fourteenth, fifteenth and sixteenth judicial circuits), Wil Lou Gray Opportunity School and Winthrop College, held in Room 433, Blatt Building, Columbia, South Carolina, 9:30 a.m., Tuesday, March 15, 1988.

Members of the committee in attendance:

Representative Eugene C. Stoddard, Chairman

Senator Alexander R. Macaulay, Vice-Chairman

Representative Eugene C. Foxworth, Jr., Sect.

Senator Hugh K. Leatherman, Sr.

Senator Joe Wilson

Representative Daniel E. Martin, Sr.

Mr. Stoddard: The committee will come to order. I'm certain that from time to time we will have other members of the committee coming in. Let me introduce you to...I expect all of you know me, Representative Gene Stoddard. We have Representative Foxworth on my left from Charleston and Representative Martin from Charleston on my right here. It seems like our low country people are right loyal this morning. I don't know what's happened to the Piedmont. Since we have so many candidates we are going to try to move along as fast as we can. We go in session at ten, but we have been excused from the session so we are just going to go right on through. The colleges and universities will be taken up in alphabetical order and the candidates in alphabetical order also. You will be sworn in and you will be asked to please state your name. You may leave after your portion of the hearing. You will be notified of your eligibility status and provided a copy of the verbatim transcripts which will be printed in the House Journal.
Mr. Foxworth: Mr. Chairman, to save time since we have so many candidates, I suggest you swear them ail in at the start and check that each has been sworn in...will save us a lot of time.
Mr. Stoddard: Please stand, we are going to swear you all in at one time. All of you raise your right hand, please, and our clerk will swear you in.
Mrs. Tinsley: Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth so help you God?
All: I do.
Mr. Stoddard: Thank you.
Mr. Foxworth: Now you are all in the Army and didn't know that. (laughter)
Mr. Stoddard: Thank you. First we have Mr. Raymond Bost. Is he present?
Mr. Bost: Yes, sir
Mr. Stoddard: Would you please come up to the microphone, sir?
Mr. Bost: This point or..
Mr. Stoddard: There. Turn the mike on if you would, sir. Pull that little button. It is on. You cut it off.
Mr. Bost: My name is Raymond Bost, B-O-S-T.
Mr. Stoddard: Mr. Bost, do you have any health related problems the screening committee should be made aware of that will prevent you from serving on the board in the full capacity?
Mr. Bost: None at all, sir.
Mr. Stoddard: Considering your present occupation and other activities would you be able to attend board meetings on a regular basis?
Mr. Bost: Yes, I will be available.
Mr. Stoddard: Do you have any interest professionally or personally that will present a conflict of interest because of your service on the board?
Mr. Bost: None whatever.
Mr. Stoddard: Do you now hold any public position of honor or trust that if elected to the board will cause you to violate the dual office holding clause of the Constitution?
Mr. Bost: No, I do not.
Mr. Stoddard: Ladies and gentlemen, do you have any questions for Mr. Bost?
Mr. Foxworth: I just have one real quick question, Mr. Bost.
Mr. Bost: Yes, sir.
Mr. Foxworth: I see you attended The Citadel so I know where your loyalty lies.
Mr. Bost: Yes, that's right.
Mr. Foxworth: But I've seen recently, and I'm asking, do you think there would be a conflict of interest for you to be the Dean at Newberry and then sit on the board at The Citadel. You don't now, how many times would you find an Episcopal minister sitting on the board of a Lutheran church or how many times do you find Exxon sitting on the Gulf board? It concerns me because it's happened several times here.
Mr. Bost: I would see no conflict of interest because, in fact, higher educators at this state will rise or fall together. In fact, while I'm currently employed by a private institution I am not in competition with The Citadel. We serve different constituencies and I would see no conflict of interest and would promptly resign if I found there be so.
Mr. Foxworth: I'm sure you would. I just have to bring it up.
Mr. Bost: Surely.
Mr. Foxworth: That's all.
Mr. Stoddard: Mr. Martin, have you got any questions?
Mr. Martin: No.
Mr. Stoddard: Thank you Mr. Bost. Next, we have Mr. James E. Jones. State your name please.
Mr. Jones: My name is James E. Jones, Jr., from Greenville, S.C.
Mr. Stoddard Mr. Jones, do you have any health related problems the screening committee should be made aware of that will prevent you from serving on the board in full capacity?
Mr. Jones: No, sir.
Mr. Stoddard: Considering your present occupation and other activities would you be able to attend board meetings on a regular basis?
Mr. Jones: Yes, sir.
Mr. Stoddard: Do you have any interest professionally or personally that will present a conflict of interest because of your service on the board?
Mr. Jones: No, sir.
Mr. Stoddard: Do you now hold any public position of honor or trust that if elected to the board will cause you to violate the dual office holding clause of the Constitution?
Mr. Jones: No, sir.
Mr. Stoddard: Thank you ladies and gentlemen. Do you have any questions?
Mr. Foxworth: You are on the board now?
Mr. Jones: No, sir, I'm an incumbent member, sir. I've just completed a six year term.
Mr. Foxworth: That's what I mean. That's all then.
Mr. Stoddard: Thank you Mr. Jones. Next we have Mr. Lynch.
Mr. Lynch: I'm Matthew Lynch.
Mr. Stoddard: Mr. Lynch, do you have any health related problems the screening committee should be made aware of that will prevent you from serving on the board in the full capacity?
Mr. Lynch: No, sir.
Mr. Stoddard: Considering your present occupation and other activities would you be able to attend board meetings on a regular basis?
Mr. Lynch: Yes, I will.
Mr. Stoddard: Do you have any interest professionally or personally that will present a conflict of interest because of your service on the board?
Mr. Lynch: No, I don't.
Mr. Stoddard: Do you now hold any public position of honor or trust that if elected to the board will cause you to violate the dual office holding clause of the Constitution?
Mr. Lynch: No.
Mr. Stoddard: Any questions?
Mr. Martin: You've never served on the Citadel Board?
Mr. Lynch: No, sir, I have not.
Mr. Martin: Mr. Chairman. I have a question for Mr. Jones. I meant to ask him a question, I forgot. How long have you been on the Citadel Board?
Mr. Jones: Six years, sir.
Mr. Stoddard: Thank you. Next we have Mr. Majeski.
Mr. Majeski: I'm Jim Majeski.
Mr. Stoddard: Do you have any health related problems the screening committee should be made aware of that will prevent you from serving on the board in the full capacity?
Mr. Majeski: No.
Mr. Stoddard: Considering your present occupation and other activities would you be able to attend board meetings on a regular basis?
Mr. Majeski: Yes, sir.
Mr. Stoddard: Do you have any interest professionally or personally that will present a conflict of interest because of your service on the board?
Mr. Majeski: None.
Mr. Stoddard: Do you now hold any public position of honor or trust that if elected to the board will cause you to violate the dual office holding clause of the Constitution?
Mr. Majeski: No
Mr. Stoddard: Any questions gentlemen?
Mr. Foxworth: Doctor, have you served in any other capacity at The Citadel in any alumni groups or anything like that?
Mr. Majeski: None.
Mr. Foxworth: How long have you been practicing in Mount Pleasant?
Mr. Majeski: Two years.
Mr. Foxworth: You just got back?
Mr. Majeski: Sure enough.
Mr. Foxworth: That's all.
Mr. Stoddard: Thank you. Mr. Marshall.
Mr. Marshall: I'm C. Phillip Marshall.
Mr. Stoddard: Do you have any health related problems the screening committee should be made aware of that will prevent you from serving on the board in the full capacity?
Mr. Marshall: No sir, I don't.
Mr. Stoddard: Considering your present occupation and other activities would you be able to attend board meetings on a regular basis?
Mr. Marshall: Yes, sir, I will.
Mr. Stoddard: Do you have any interest professionally or personally that will present a conflict of interest because of your service on the board?
Mr. Marshall: No, I don't.
Mr. Stoddard: Do you now hold any public position of honor or trust that if elected to the board will cause you to violate the dual office holding clause of the Constitution?
Mr. Marshall: No, sir.
Mr. Stoddard: Gentlemen? Thank you, sir. Mr. Prioleau?
Mr. Prioleau: Mr. Chairman, I am Buddy Prioleau from Columbia.
Mr. Stoddard: Do you have any health related problems the screening committee should be made aware of that will prevent you from serving on the board in the full capacity?
Mr. Prioleau: No, sir.
Mr. Stoddard: Considering your present occupation and other activities would you be able to attend board meetings on a regular basis?
Mr. Prioleau: Yes, sir, I've missed one meeting in nineteen years.
Mr. Stoddard: Do you have any interest professionally or personally that will present a conflict of interest because of your service on the board?
Mr. Prioleau: No, sir.
Mr. Stoddard: Do you now hold any public position of honor or trust that if elected to the board will cause you to violate the dual office holding clause of the Constitution?
Mr. Prioleau: No, sir, I am an incumbent member of the Citadel Board.
Mr. Stoddard: Any questions for Mr. Prioleau?
Mr. Foxworth: He didn't tell you old age is going to catch him before long.
Mr. Stoddard: I had some questions coming by Dr. Walter Brown, but I can't find-them.
____________: Boy, that would be bad. (laughter)
Mr. Martin: How long have you been on the Citadel Board?
Mr. Prioleau: Nineteen years.
Mr. Martin: Have you ever served as chairman?
Mr. Prioleau: I served as chairman six years and vice-chairman six years, which is the maximum amount of time you can serve in those offices.
Mr. Martin: Thank you.
Mr. Stoddard: Thank you, Mr. Prioleau.
Mr. Prioleau: Thank you.
Mr. Stoddard: Is Mr. Welsh present? Mr. Tom Welsh? That completes the Citadel candidates. Be happy to remain and observe or you may go at any time. Next, we have the Clemson University, those candidates for the regular term. First is Mr. Britton, excuse me, Dr. Britton. I'm certain some of you have the titles that I should have addressed you by in our (inaudible)
Dr. Britton: I'm J.J. Britton from Sumter.
Mr. Stoddard: We are now being joined by Senator Macaulay of Oconee County. Dr. Britton, do you have any health related problems the screening committee should be made aware of that will prevent you from serving on the board in the full capacity?
Dr. Britton: Not to my knowledge, Mr. Chairman.
Mr. Stoddard: Considering your present occupation and other activities would you be able to attend board meetings on a regular basis?
Dr. Britton: Yes, I would.
Mr. Stoddard: Do you have any interest professionally or personally that will present a conflict of interest because of your service on the board?
Dr. Britton: No.
Mr. Stoddard: Do you now hold any public position of honor or trust that if elected to the board will cause you to violate the dual office holding clause of the Constitution?
Dr. Britton: I don't, Mr. Chairman.
Mr. Stoddard: Any questions for Dr. Britton?
Mr. Foxworth: This term would give you how many years on the board?
Dr. Britton: If elected this term...I've served one term, 82-86, four years this week. It would be eight years should I serve it out.
Mr. Stoddard: Any other questions? Thank you doctor. Dr. Lewis B. Lynn?
Dr. Lynn: As Dr. Lynn is coming up, Mr. Chairman, I want to apologize for being late this morning, but you might know I have a long way to come. When I came in I understand that the Citadel trustees were screened. I trust my good alumni friend, Colonel Foxworth, took care of that for us.
Mr. Stoddard: We asked them all kinds of questions. We had one bad egg in the whole group. (laughter)
Mr. Macaulay: I'll talk to you about him later.
Mr. Stoddard: Dr. Lynn, do you have any health related problems that the screening committee should be made aware of that will prevent you from serving on the board in full capacity?
Dr. Lynn: No, sir.
Mr. Stoddard: Considering your present occupation and other activities would you be able to attend board meetings on a regular basis?
Dr. Lynn: Yes, sir.
Mr. Stoddard: Do you have any interest professionally or personally that will present a conflict of interest because of your service on the board?
Dr. Lynn: No, sir.
Mr. Stoddard: Do you now hold any public position of honor or trust that if elected to the board will cause you to violate the dual office holding clause of the Constitution?
Dr. Lynn: I am currently a member of the Ag Study Committee. In checking with the Governor's office, they don't see that that will be a problem.
Mr. Stoddard: Any questions for Dr. Lynn?
Mr. Foxworth: What was your B.S. in, doctor?
Dr. Lynn: My B.S., M.S. and Ph.D. are all in horticulture. I went to school to be a "professional flower child." (laughter)
Mr. Stoddard: Any other questions? Thank you. Mr. Allen Wood?
Mr. Wood: I'm Allen Wood, Mr. Chairman.
Mr. Stoddard: Do you have any health related problems that the screening committee should be made aware of that will prevent you from serving on the board in full capacity?
Mr. Wood: No, Mr. Chairman.
Mr. Stoddard: Considering your present occupation and other activities would you be able to attend board meetings on a regular basis?
Mr. Wood: Yes, sir.
Mr. Stoddard: Do you have any interest professionally or personally that will present a conflict of interest because of your service on the board?
Mr. Wood: No, sir.
Mr. Stoddard: Do you now hold any public position of honor or trust that if elected to the board will cause you to violate the dual office holding clause of the Constitution?
Mr. Wood: I'm currently a member of the Architectural Registration Board, which is appointed by the Governor. I wrote the screening committee a letter that if elected to the Clemson Board that I would resign from the Architectural Registration Board. Consider that letter a letter of resignation as far as I'm concerned. I have nine months left on the term that I currently serve.
Mr. Stoddard: Any other questions of Mr. Wood?
Mr. Martin: How long is the term for?
Mr. Wood: The Architectural Registration Board? The maximum is two five-year terms; I've served nine years.
Mr. Stoddard: Thank you, Mr. Wood. We've just been joined by Senator Hugh Leatherman.
Mr Leatherman: Mr. Chairman, good morning.
Mr. Stoddard: From the Pee Dee.
Mr. Leatherman: Great Pee Dee..thank you (inaudible)
Mr. Stoddard: Next, we're going to the unexpired term candidates for the Clemson Board. Mr. Cothran? Excuse me, Ms. Cothran.
Ms. Cothran: Yes, sir. I'm Darra Cothran.
Mr. Stoddard: Ms. Cothran; do you have any health related problems that the screening committee should be made aware of that will prevent you from serving on the board in full capacity?
Ms. Cothran: No, sir.
Mr. Stoddard: Considering your present occupation and other activities would you be able to attend board meetings on a regular basis?
Ms. Cothran: Yes, sir.
Mr. Stoddard: Do you have any interest professionally or personally that will present a conflict of interest because of your service on the board?
Ms. Cothran: No, sir.
Mr. Stoddard: Do you now hold any public position of honor or trust that if elected to the board will cause you to violate the dual office holding clause of the Constitution?
Ms. Cothran: No, sir.
Mr. Stoddard: Gentleman, any questions for the lady?
Mr. Foxworth: This is the Clemson unexpired term?
Mr. Stoddard: Yes. Ma'am, I must say you are a first for me. I've been on the screening committee ever since the statute was passed. I believe it's been some ten or fifteen years. First, the prettiest Clemson candidate we've ever had.
Ms. Cothran: Thank you for your kind words.
Mr. Stoddard: Any questions? Thank you. Dr. Derrick?
Dr. Derrick: Mr. Chairman, I'm Fletcher Derrick from Charleston. I'm sorry I have to follow the prettiest candidate.
Mr. Stoddard: Doctor, do you have any health related problems that the screening committee should be made aware of that will prevent you from serving on the board in full capacity?
Dr Derrick: No, sir.
Mr Stoddard: Considering your present occupation and other activities would you be able to attend board meetings on a regular basis?
Dr. Derrick: Yes, sir.
Mr. Stoddard: Do you have any interest professionally or personally that will present a conflict of interest because of your service on the board?
Dr. Derrick: No.
Mr. Stoddard: Do you now hold any public position of honor or trust that if elected to the board will cause you to violate the dual office holding clause of the Constitution?
Dr. Derrick: No, sir.
Mr. Stoddard: Any questions for the doctor? Thank you, sir.
Dr. Derrick: Thank you.
Mr. Stoddard: Mr. Dinkins?
Mr. Dinkins: I'm Gene Dinkins.
Mr. Stoddard: Mr. Dinkins, do you have any health related problems that the screening committee should be made aware of that will prevent you from serving on the board in full capacity?
Mr. Dinkins: No, sir.
Mr. Stoddard: Considering your present occupation and other activities would you be able to attend board meetings on a regular basis?
Mr. Dinkins: Yes, I will.
Mr. Stoddard: Do you have any interest professionally or personally that will present a conflict of interest because of your service on the board?
Mr. Dinkins: No, sir.
Mr. Stoddard: Do you now hold any public position of honor or trust that if elected to the board will cause you to violate the dual office holding clause of the Constitution?
Mr. Dinkins: I am presently Chairman of the Richland County Planning Commission.
Mr Stoddard: Any questions?
Mr Foxworth: One real quick one and I'm trying to make a point. Mr. Dinkins, you were raised in Richmond, Virginia, I see.
Mr. Dinkins: Yes, sir. I graduated from high school in Richmond.
Mr. Foxworth: I saw that and so did I. Not the same high school, a lot earlier, but my point is how did you get to Clemson?
Mr. Dinkins: I went to Clemson in 1969 and my father was in the military and was a resident of South Carolina his entire life.
Mr. Foxworth: Would you say that's probably why you stayed in South Carolina because you went to Clemson?
Mr. Dinkins: Yes, sir.
Mr. Foxworth: You've been a pretty productive citizen, haven't you?
Mr. Dinkins: I've been here since 69 and worked with (inaudible)
Mr. Foxworth: My point is that there is a lot of good that comes out of out of state students. Thank you.
Mr. Stoddard: Any other questions?
Mr. Leatherman: Mr. Chairman, I don't have any questions I just have an observation. The unexpired term must pay much better than the regular term. I see ten for unexpired and only about three for the regular.
Mr. Stoddard: I believe there is a certain kind of stitching they call sewed up.
Mr. Leatherman: I see, excuse me, that's the payed man that's sewed up.
Mr Stoddard: Thank you, Mr. Dinkins. Has Mr. Weish arrived yet? We'll have you next, sir. Mr. Welsh had a pretty tight schedule (inaudible) out of order.
Mr. Welsh: I'm Tom Welsh from Chapin.
Mr. Stoddard: Do you have any health related problems that the screening committee should be made aware of that will prevent you from serving on the board in full capacity?
Mr. Welsh: No, sir.
Mr. Stoddard: Considering your present occupation and other activities would you be able to attend board meetings on a regular basis?
Mr. Welsh: I will.
Mr. Stoddard: Do you have any interest professionally or personally that will present a conflict of interest because of your service on the board?
Mr. Welsh: I do not.
Mr. Stoddard: Do you now hold any public position of honor or trust that if elected to the board will cause you to violate the dual office holding clause of the Constitution?
Mr. Welsh: No, sir, I hold none.
Mr. Stoddard: Any questions gentlemen?
Mr. Martin: Why did you say you were taking him out of order?
Mr. Stoddard: He had a schedule he has to get back to teach a class. We didn't want all the students to miss his presence.
Mr. Martin: What time does the Clemson Board start their meetings?
Mr. Welsh: I understand it's on Fridays and weekends.
Mr. Foxworth: Are you teaching now?
Mr. Welsh: I'm a banker and one of my responsibilities is credit training. I've had a session planned for the last two months and I just asked that if you could that you take me out of order this morning so I can get back.
Mr. Foxworth: Do you train on how to look at beach front property?
Mr. Welsh: No. I wish someone would. I'm an agriculture banker.
Mr. Stoddard: Do you make any unsecured loans in that category? (laughter)
Mr. Welsh: The interest (inaudible) be paid back.
Mr. Stoddard: Any other questions? Thank you, sir. Lavender? (Mr. Lavender was not present.)
Mr. Plyler: My election to vote, Mr. Chairman, is the reason I was (inaudible).
Mr. Stoddard: Do you have any health related problems that the screening committee should be made aware of that will prevent you from serving on the board in full capacity?
Mr. Plyler: No, sir.
Mr. Stoddard: Considering your present occupation and other activities would you be able to attend board meetings on a regular basis?
Mr. Plyler: Yes, sir.
Mr. Stoddard: Do you have any interest professionally or personally that will present a conflict of interest because of your service on the board?
Mr. Plyler: Not to my knowledge.
Mr. Stoddard: Do you now hold any public position of honor or trust that if elected to the board will cause you to violate the dual office holding clause of the Constitution?
Mr. Plyler: None at all.
Mr. Stoddard: Gentlemen, any questions?
Mr. Macaulay: Mr. Chairman, I'm going to have to make two observations. Mr. Plyler apparently voted. He said this morning he would have to vote in Oconee County in as much as he's a resident of Oconee County.
Mr. Plyler: I'm guilty, sir.
Mr. Macaulay: Alright, that's the first one. The second one I think I need to, I hope this doesn't hurt you too much Dick, but he's my cousin.
Mr. Stoddard: Have mercy.
Mr. Macaulay: I'm sorry.
Mr. Plyler: He's my wife's cousin. (laughter)
Mr. Stoddard: I'm surprised SLED didn't pick that up.
Mr. Plyler: She would vote for him even if I run against him.
Mr. Stoddard: Any other questions? Thank you. Mr. Collins? Robinson, excuse me, Dr. Robinson? (Dr. Robinson was not present.) Mr. Swann? He was here earlier. Timpson?
Mr. Timpson: Mr. Chairman, I'm Gill E. Timpson from Clemson, South Carolina.
Mr. Stoddard: Do you have any health related problems that the screening committee should be made aware of that will prevent you from serving on the board in full capacity?
Mr. Timpson: No, sir.
Mr. Stoddard: Considering your present occupation and other activities would you be able to attend board meetings on a regular basis?
Mr. Timpson: Yes, sir.
Mr. Stoddard: Do you have any interest professionally or personally that will present a conflict of interest because of your service on the board?
Mr. Timpson: No, sir.
Mr. Stoddard: Do you now hold any public position of honor or trust that if elected to the board will cause you to violate the dual office holding clause of the Constitution?
Mr. Timpson: No, sir.
Mr. Stoddard: Any questions, gentlemen.
Mr. Leatherman: Chairman, I don't have any questions. I understand the SLED report is coming, is that correct?
Mr. Stoddard: That's correct.
Mr. Leatherman: We would have the benefit of that.
Mr. Stoddard: Some of these reports we don't have back from SLED, yet. Of course, we always use those in considering the candidates. No questions? Thank you, sir. Senator Joe Wilson has joined us recently. Lexington County I believe.
Mr. Wilson: Yes.
Mr. Stoddard: Lavender hasn't arrived? Dr. Robinson? Mr. Swann? Alright now we go into the University of South Carolina's candidates. First on the list is Simons.
Mr. Simons: Hello, Mr. Chairman. I'm Charles E. Simons III.
Mr. Stoddard: Mr. Simons, do you have any health related problems that the screening committee should be made aware of that will prevent you from serving on the board in full capacity?
Mr. Simons: No, sir, I don't.
Mr. Stoddard: Considering your present occupation and other activities would you be able to attend board meetings on a regular basis?
Mr. Simons: Yes, I would.
Mr. Stoddard: Do you any have any interest professionally or personally that will present a conflict of interest because of your service on the board?
Mr. Simons: No, sir.
Mr. Stoddard: Do you now hold any public position of honor or trust that if elected to the board will cause you to violate the dual office holding clause of the Constitution?
Mr. Simons: None that would create violations.
Mr. Stoddard: Any questions...of the counselor?
Mr. Foxworth: How many vacancies are there on the Clemson Board?
Mr. Stoddard: For the Clemson Board?
Mr. Foxworth: I mean on the USC Board, excuse me.
Mr. Stoddard: Well, we have no contests.
Mr. Wilson These are all uncontested circuit races?
Mr Stoddard: Correct
Mr Foxworth: Oh, OK.
Mr. Stoddard: The chair will entertain a motion....
Mr. Foxworth: No, I don't want to be in there.
Mr. Stoddard: Thank you, Mr. Simons.
Mr. Simons: Thank you.
Mr. Stoddard: Next we have Mr. Bennett.
Mr. Bennett: I'm Robert M. Bennett from Cheraw, South Carolina.
Mr. Stoddard: Mr. Bennett, do you have any health related problems that the screening committee should be made aware of that will prevent you from serving on the board in full capacity?
Mr. Bennett: No sir.
Mr. Stoddard: Considering your present occupation and other activities would you be able to attend board meetings on a regular basis?
Mr. Bennett: Yes sir, I will.
Mr. Stoddard: Do you have any interest professionally or personally that will present a conflict of interest because of your service on the board?
Mr. Bennett: No, sir.
Mr. Stoddard: Do you now hold any public position of honor or trust that if elected to the board will cause you to violate the dual office holding clause of the Constitution?
Mr. Bennett: No, sir.
Mr. Stoddard: Any questions for Mr. Bennett?
Mr. Stoddard: Thank you, Mr. Bennett. Mr. Bradley?
Mr. Bradley: Jim Bradley from Lancaster, South Carolina.
Mr. Stoddard: Do you have any health related problems that the screening committee should be made aware of that will prevent you from serving on the board in full capacity?
Mr. Bradley: No, sir.
Mr. Stoddard: Considering your present occupation and other activities would you be able to attend board meetings on a regular basis?
Mr. Bradley: Yes, sir.
Mr. Stoddard: Do you have any interest professionally or personally that will present a conflict of interest because of your service on the board?
Mr. Bradley: No, sir.
Mr. Stoddard: Do you now hold any public position of honor or trust that if elected to the board will cause you to violate the dual office holding clause of the Constitution?
Mr. Bradley: No, sir.
Mr. Stoddard: Any questions for Mr. Bradley?
Mr. Foxworth: You served on the Lancaster County School Board for fifteen years?
Mr. Bradley: Yes, sir.
Mr. Foxworth: Phew!
Mr. Bradley: That's what I said.
Mr. Foxworth: I had a heart attack after two years!
Mr. Wilson: Mr. Chairman, I think it would still be noted that he is still held with respect in the community despite that, and that I received an avalanche of letters on behalf of you during the course of this situation.
Mr. Stoddard: Miraculous, isn't it? Thank you, Mr. Bradley. Mr. Adams.
Mr. Adams: I am Herbert Adams from Laurens.
Mr. Stoddard: Do you have any health related problems that the screening committee should be made aware of that will prevent you from serving on the board in full capacity?
Mr. Adams: No, sir.
Mr. Stoddard: Considering your present occupation and other activities would you be able to attend board meetings on a regular basis?
Mr. Adams: Yes, sir.
Mr. Stoddard: Do you have any interest professionally or personally that will present a conflict of interest because of your service on the board?
Mr. Adams: No, sir.
Mr. Stoddard: Do you now hold any public position of honor or trust that if elected to the board will cause you to violate the dual office holding clause of the Constitution?
Mr. Adams: No, sir.
Mr. Stoddard: Any questions for Mr. Adams? Thank you Mr. Adams. Ms. Hall.
Ms. Hall: Mr. Chairman, I am Lilly Hall from Anderson.
Mr. Stoddard: Ms. Hall, do you have any health related problems that the screening committee should be made aware of that will prevent you from serving on the board in full capacity?
Ms. Hall: No, sir.
Mr. Stoddard: Considering your present occupation and other activities would you be able to attend board meetings on a regular basis?
Ms. Hall: Yes, sir.
Mr. Stoddard: Do you have any interest professionally or personally that will present a conflict of interest because of your service on the board?
Ms. Hall: No, sir.
Mr. Stoddard: Do you now hold any public position of honor or trust that if elected to the board will cause you to violate the dual office holding clause of the Constitution?
Ms. Hall: No, sir.
Mr. Stoddard: Any questions for Ms. Hall?
Mr. Wilson: It's kind of unusual Ms. Hall, I see that your name's Hall, you live on Hall Street, and you've got a business called Hall. That's keeping it all in the family.
Ms. Hall: Yes, sir, those are (inaudible) of some of my businesses.
Mr. Wilson: Good.
Mr. Stoddard: Thank you, Ms. Hall. Next we have Mr. Bethea.
Mr. Bethea: Mr. Chairman, I am Bill Bethea from Hilton Head Island.
Mr. Stoddard: Mr. Bethea, do you have any health related problems that the screening committee should be made aware of that will prevent you from serving on the board in full capacity?
Mr. Bethea: No, sir.
Mr. Stoddard: Considering your present occupation and other activities would you be able to attend board meetings on a regular basis?
Mr. Bethea: Yes, sir.
Mr. Stoddard: Do you have any interest professionally or personally that will present a conflict of interest because of your service on the board?
Mr Bethea: No
Mr Stoddard: Do you now hold any public position of honor or trust that if elected to the board will cause you to violate the dual office holding clause of the Constitution?
Mr. Bethea: No, sir.
Mr. Stoddard: Any questions for Mr. Bethea. How was the weather in Hilton Head when you left this morning?
Mr. Bethea: A little chilly.
Mr Stoddard: Thank you, Mr. Bethea.
Mr Wilson: It was a little chilly but it was still twenty degrees warmer than here.
Mr. Stoddard: Mr. Floyd?
Mr. Floyd: Cater Floyd from Conway.
Mr. Stoddard: Mr. Floyd, do you have any health related problems that the screening committee should be made aware of that will prevent you from serving on the board in full capacity?
Mr. Floyd: No, sir.
Mr. Stoddard: Considering your present occupation and other activities would you be able to attend board meetings on a regular basis?
Mr. Floyd: Yes, sir.
Mr. Stoddard: Do you have any interest professionally or personally that will present a conflict of interest because of your service on the board?
Mr. Floyd: No, sir.
Mr. Stoddard: Do you now hold any public position of honor or trust that if elected to the board will cause you to violate the dual office holding clause of the Constitution?
Mr. Floyd: No, sir.
Mr. Stoddard: any more questions gentlemen? Thank you, Mr. Floyd. Mr. Foster.
Mr. Foster: I'm Sam Foster, II from Lake Wylie.
Mr. Stoddard: Mr. Foster, do you have any health related problems that the screening committee should be made aware of that will prevent you from serving on the board in full capacity?
Mr. Foster: No, sir.
Mr. Stoddard: Considering your present occupation and other activities would you be able to attend board meetings on a regular basis?
Mr. Foster: Yes, sir.
Mr. Stoddard: Do you have any interest. professionally or personally that will present a conflict of interest because of your service on the board?
Mr Foster: No, sir.
Mr Stoddard: Do you now hold any public position of honor or trust that if elected to the board will cause you to violate the dual office holding clause of the Constitution?
Mr. Foster: No, sir.
Mr, Stoddard: Any questions.of Mr. Foster?
Mr. Foxworth: Your father is Sam Foster the member of the House?
Mr Foster: Yes, sir.
Mr Foxworth: You have a contract firm, did you get that contract down at the Navy Yard, that I was talking to you about one time, did ya'll get the job?
Mr. Foster: I'm negotiating...
Mr. Foxworth: Still working on it?
Mr. Leatherman: Sam, you live on Lake Wylie?
Mr. Foster: Yes, sir.
Mr. Leatherman: Who is going to buy that famous house up there?
Mr. Foster: I won't. (laughter)
Mr. Foxworth: He just wants the dog house.
Mr. Stoddard: Any other questions? Thank you,.Mr. Foster. Well that completes, wait a minute, that completes the university...we just learned that Mr. Lavender, who is a candidate for the unexpired term on the Clemson Board had a death in the family and will not, of course, be present this morning. Mr. Swann hasn't returned has he? Dr. Robinson? Well, we'll go next to the Wil Lou Gray Opportunity School. Any of you we've already screened feel free to leave at any time. We have the Wil Lou Gray Opportunity School next, and the first candidate is, of course, Ms. Ayers.
Ms. Ayers: I am DaMaris Ayers from Columbia.
Mr. Stoddard: Ms. Ayers, do you have any health related problems that the screening committee should be made aware of that will prevent you from serving on the board in full capacity?
Ms. Ayers: No, sir.
Mr. Stoddard: Considering your present occupation and other activities would you be able to attend board meetings on a regular basis?
Ms. Ayers: Yes, I will.
Mr. Stoddard: Do you have any interest professionally or personally that will present a conflict of interest because of your service on the board?'
Ms. Ayers: No, sir. I work in the Department of Youth Services presently but I see no conflict.
Mr. Stoddard: You are an employee of Youth Services?
Ms. Ayers: Yes, sir.
Mr. Stoddard: Do you now hold any public position of honor or trust that if elected to the board will cause you to violate the dual office holding clause of the Constitution?
Ms. Ayers: No, sir.
Mr. Stoddard: Any questions for Ms. Ayers?
Mr. Leatherman: Mr. Chairman when does this board meet?
Ms. Ayers: I am not sure.
Mr. Leatherman: You are a full time employee of this state? If it is during the week days, I don't know when they meet, but if it is, how would you accommodate that?
Ms. Ayers: Annual leave.
Mr. Wilson: Mr. Chairman, how many seats are there available on the Wil Lou Gray Board?
Mr. Stoddard: Three at-large - four year terms.
Mr. Wilson: Thank you.
Mr. Macaulay: Mr. Chairman, I understand and see from your questionnaire that you are a Ph.D. candidate.
Ms. Ayers: I was.
Mr. Macaulay: Oh, you were, okay, what field? area?
Ms. Ayers: Reading.
Mr. Wilson: One final statement, as the senator that represents the Wil Lou Gray School, it is physically located in my district, I am particularly pleased to see the fine people who are here today who are seeking to serve on that board, because it is a vital institution of the State of South Carolina. I want to thank all of you for seeking the position.
Mr. Stoddard: Any other questions? Thank you. Next we have Ms. Gibson.
Ms. Gibson: Mr. Chairman, I am Mary Catherine Gibson from Columbia.
Mr. Stoddard: Ms. Gibson, do you have any health related problems that the screening committee should be made aware of that will prevent you from serving on the board in full capacity?
Ms. Gibson: No, sir.
Mr. Stoddard: Considering your present occupation and other activities would you be able to attend board meetings on a regular basis?
Ms. Gibson: Yes, sir.
Mr. Stoddard: Do you have any interest professionally or personally that will present a conflict of interest because of your service on the board?
Ms. Gibson: No, sir.
Mr. Stoddard: Do you now hold any public position of honor or trust that if elected to the board will cause you to violate the dual office holding clause of the Constitution?
Ms. Gibson: No, sir.
Mr. Stoddard: Any questions, gentlemen? Thank you. Next we have Ms. Lochbaum. Is Ms. Lochbaum not present? (Ms. Lochbaum was not present.)
Mr. Wilson: Mr. Chairman, would she be notified that she could appear next week in the event that there is some problem with this week?
Mr. Stoddard: We have done all the candidates that way...if for some reason they couldn't come one day they could come another.
Mrs. Tinsley: I will notify her.
Mr. Wilson: Thank you very much.
Mr. Stoddard: Ms. McBride?
Mr. Martin: She is the one who couldn't come today.
Mr. Stoddard: That is correct. Mr. Rash?
Mr. Rash: Mr. Chairman, I am Ronald Rash from Irmo.
Mr. Stoddard: Do you have any health related problems that the screening committee should be made aware of that will prevent you from serving on the board in full capacity?
Mr. Rash: No, sir.
Mr. Stoddard: Considering your present occupation and other activities would you be able to attend board meetings on a regular basis?
Mr. Rash: Yes, sir.
Mr. Stoddard: Do you have any interest professionally or personally that will present a conflict of interest because of your service on the board?
Mr. Rash: No,sir.
Mr. Stoddard: Do you now hold any public position of honor or trust that if elected to the board will cause you to violate the dual office holding clause of the Constitution?
Mr. Rash: No, sir.
Mr. Stoddard: Any questions, gentlemen?
Mr. Foxworth: Mr. Rash, I noticed you are not in the education field...
Mr. Rash: I am an educator.
Mr. Foxworth: It says your present occupation is...
Mr. Rash: That is correct sir, I graduated from Newberry College in education and although I am not teaching I still consider myself an educator.
Mr. Foxworth: Oh okay, I just wondered how you developed the interest...
Mr. Stoddard: Thank you, sir. Mr. Stout.
Mr. Stout: My name is David Stout from Winnsboro.
Mr. Stoddard: Do you have any health related problems that the screening committee should be made aware of that will prevent you from serving on the board in full capacity?
Mr. Stout: No, sir.
Mr. Stoddard: Considering your present occupation and other activities would you be able to attend board meetings on a regular basis?
Mr Stout: Yes, sir.
Mr Stoddard: Do you have any interest professionally or personally that will present a conflict of interest because of your service on the board?
Mr Stout: No, sir.
Mr Stoddard: Do you now hold any public position of honor or trust that if elected to the board will cause you to violate the dual office holding clause of the Constitution?
Mr Stout: No, sir.
Mr Stoddard: Any questions for Mr. Stout?
Mr. Foxworth: Is this school funded...how?...it is funded separately isn't it?
Mr. Stout: Yes, sir it is not funded through the adult education...
Mr. Stoddard: It is a line item in the budget.
Mr. Foxworth: Yeah, that's what I thought.
Mr. Stoddard: Thank you, Mr. Stout. Ms. Wilson?
Ms. Wilson: I am Olive Wilson from Williamston.
Mr. Stoddard: Do you have any health related problems that the screening committee should be made aware of that will prevent you from serving on the board in full capacity?
Ms. Wilson: No, sir.
Mr. Stoddard: Considering your present occupation and other activities would you be able to attend board meetings on a regular basis?
Ms. Wilson: Well, I am recently retired and it didn't bother me when I was working, I was at practically every meeting, I think three out of the last twelve years I have missed...three meetings.
Mr. Stoddard: Do you have any interest professionally or personally that will present a conflict of interest because of your service on the board?
Ms. Wilson: No.
Mr. Stoddard: Do you now hold any public position of honor or trust that if elected to the board will cause you to violate the dual office holding clause of the Constitution?
Ms. Wilson: No, sir.
Mr Stoddard: Any questions for Ms. Wilson?
Mr Foxworth: How long have you been on the board, Ms. Wilson?
Ms. Wilson: '76, I think.
Mr. Foxworth: I didn't ask - are any of the other candidates presently on the board?
Ms. Wilson: No, none of them are here today. Mrs. McBride is serving her first term and Dr. Efron could not be here today.
Mr. Stoddard: Any other questions?
Ms. Wilson: I've just been out there almost as long as the gentleman a while ago did you talked about.
Mr. Foxworth: You are not that old. (laughter)
Mr. Stoddard: Thank you. That completes the (inaudible) for the Wil Lou Gray Opportunity School candidates..Mr. Swann, we will hear from you now. We finished the Clemson candidates while you were gone.:
Mr. Swann: Mr. Chairman, I am Joe Swann from Greenville. I apologize for being late.
Mr. Stoddard: Do you have any health related problems that the screening committee should be made aware of that will prevent you from serving on the board in full capacity?
Mr. Swann: No, sir, I don't.
Mr. Stoddard: Considering your present occupation and other activities would you be able to attend board meetings on a regular ba:sis?
Mr. Swann: Yes, sir.
Mr. Stoddard: Do you have any interest professionally or personally that will present a conflict of interest because of your service on the board?
Mr. Swann: No,sir.
Mr. Stoddard: Do you now hold any public position of honor or trust that if elected to the board will cause you to violate the dual office holding clause of the Constitution?
Mr. Swann: No, sir.
Mr. Stoddard: Any questions, gentlemen? Thank you, Mr. Swann. Next we have a candidate who couldn't appear at the regular time set for the Medical University of South Carolina which is next week. Mr. Allan Stalvey would you please appear now?
Mr. Stalvey: My name is Allan Stalvey from Columbia.
Mr. Stoddard: Do you have any health related problems that the screening committee should be made aware of that will prevent you from serving on the board in full capacity?
Mr. Stalvey: None that I have been diagnosed for.
Mr. Stoddard: Considering your present occupation and other activities would you be able to attend board meetings on a regular basis?
Mr. Stalvey: Yes,sir.
Mr. Stoddard: Do you have any interest professionally or personally that will present a conflict of interest because of your service on the board?
Mr. Stalvey: No, sir.
Mr. Stoddard: Do you now hold any public position of honor or trust that if elected to the board will cause you to violate the dual office holding clause of the Constitution?
Mr. Stalvey: No, sir.
Mr. Stoddard: Any questions of the gentleman?
Mr. Foxworth: How long have you been on the board now?
Mr. Stalvey: I have served one term.
Mr. Foxworth: One term.
Mr. Macaulay: Mr. Stalvey, I see that you have three children, how do you pronounce your son's name?
Mr. Stalvey: Alex.
Mr. Leatherman: Allan, looking at your statement on economic interest the word honorariam (inaudible) thirty five dollars a day.
Mr. Stalvey: Yes, sir.
Mr. Leatherman: That is not per diem...the word honorariam sort of...
Mr. Stalvey: That is what they call it, an honorariam. (inaudible) on my expense voucher when I fill it out. They pay thirty-five dollars a day to serve on the board. That is per meeting.
Mr. Stoddard: Per meeting.
Mr. Stalvey: It's a very lucrative business. (laughter)
Mr. Stoddard: I guess (inaudible) considered a school trustee that is a well paying job.
Mr. Leatherman: That's almost as good as the General Assembly. Isn't that about what we get when we attend a committee meeting, thirty-five dollars per diem?
Mr. Stoddard: How about that? Yeah, yeah. Join paupers row. Thank you, sir. South Carolina State College, is Mr. Hayward present?
Mr. Hayward: Good morning, I'm Albert Hayward from Georgetown, South Carolina.
Mr. Stoddard: Mr. Hayward, do you have any health related problems that the screening committee should be made aware of that will prevent you from serving on the board in full capacity?
Mr. Hayward: No, sir, I don't.
Mr. Stoddard: Considering your present occupation and other activities would you be able to attend board meetings on a regular basis?
Mr. Hayward: Yes, I will.
Mr. Stoddard: Do you have any interest professionally or personally that will present a conflict of interest because of your service on the board?
Mr. Hayward: No, sir.
Mr. Stoddard: Do you now hold any public position of honor or trust that if elected to the board will cause you to violate the dual office holding clause of the Constitution?
Mr. Hayward: No, sir.
Mr. Stoddard: Any questions?
Mr. Foxworth: What is your specific job, Dr. Hayward?
Mr. Hayward: Right now I'm employed with the Georgetown County School System on the school administration (inaudible).
Mr. Foxworth: And what I couldn't...
Mr. Hayward: (inaudible) recruiter and also in the public schools.
Mr. Stoddard: Any other questions? Thank you. Last, but not least, we have a candidate from the Winthrop Board.
Ms. Douglas: Mr. Chairman, I'm Mary Anne Dubose Douglas from Belton.
Mr. Stoddard: Ms. Douglas, do you have any health related problems that the screening committee should be made aware of that will prevent you from serving on the board in full capacity?
Ms. Douglas: No, sir.
Mr. Stoddard: Considering your present occupation and other activities would you be able to attend board meetings on a regular basis?
Ms. Douglas: Yes, I will.
Mr. Stoddard: Do you have any interest professionally or personally that will present a conflict of interest because of your service on the board?
Ms. Douglas: No.
Mr. Stoddard: Do you now hold any public position of honor or trust that if elected to the board will cause you to violate the dual office holding cause of the Constitution?
Ms. Douglas: No.
Mr. Stoddard: Any questions? On that last one you said no?
Ms. Douglas: What was the question?
Mr. Stoddard: Do you now hold any public position...
Ms. Douglas: No, sir.
Mr. Stoddard: Any questions? I appreciate all of you coming and certainly you'll be notified of favorable or unfavorable action by the committee.

HEARING OF MARCH 22, 1988
Before the Joint Legislative Screening Committee
to Investigate Candidates for Trustees
for Colleges and Universities
TRANSCRIPT OF HEARING

Second day of 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 (three seats-health professionals from the fourth, fifth and sixth congressional districts; three seats--lay or nonhealth related persons from first, second and third congressional districts), South Carolina State College, University of South Carolina (one each from the second, fourth, sixth, eighth, tenth, fourteenth, fifteenth and sixteenth judicial circuits), Wil Lou Gray Opportunity School and Winthrop College, held in Room 433, Blatt Building, Columbia, South Carolina, on Tuesday, March 22, 1988, 9:30 a.m.

Members of the Committee in attendance:

Representative Eugene C. Stoddard, Chairman

Senator Alexander S. Macaulay, Vice Chairman

Senator Joe Wilson

Representative Daniel E. Martin, Sr.

Mr. Stoddard: This is Representative Danny Martin from Charleston, Senator Joe Wilson from Lexington County and I'm Gene Stoddard from Laurens County. We have promised this lady who had to get back to Charleston, that's a pretty good drive I'm sure for several of ya'll, that's a pretty good drive, we have promised we would take her out of turn and first. Is she present...Elizabeth Alston? (Ms. Alston was not present.) We'll proceed down to Medical University of South Carolina, Charles B. Hanna, M.D. Dr. Hanna...To expedite matters, doctor, if you would raise your right hand and all of you can stand up and raise your right hand, we are going to swear you all in at one time.
Mrs. Tinsley: Do you swear or affirm to tell the truth, the whole truth and nothing but the truth, so help you God?
All: I do.
Mr. Stoddard: Thank you. I have a brief questionnaire of all the candidates, doctor...I should know it by heart. She's having to retrieve it for me. I believe you are unopposed, doctor.
Dr. Hanna: That's true.
Mr. Stoddard: Do you have any health related problems the screening committee should be made aware of that will prevent you from serving on the board ln the full capacity, doctor?
Dr. Hanna: Not to my knowledge.
Mr. Stoddard: Considering your present occupation and other activities would you be able to attend board meetings on a regular basis?
Dr. Hanna: I can.
Mr. Stoddard: Do you have any interest professionally or personally that will present a conflict of interest because of your service on the board?
Dr. Hanna: No.
Mr. Stoddard: Do you now hold any public position of honor or trust that if elected to the board will cause you to violate the dual office holding clause of the Constitution?
Dr. Hanna: I do not.
Mr. Stoddard: Any questions, gentlemen? Thank you, doctor. You may stay with us or you may leave, it's really up to you. Next we have the 5th District. We have Dr. Fishburne.
Mr. Stoddard: Do you have any health related problems the screening committee should be made aware of that will prevent you from serving on the board in the full capacity?
Dr. Fishburne: No, sir.
Mr. Stoddard: Considering your present occupation and other activities would you be able to attend board meetings on a regular basis?
Dr. Fishburne: Yes, sir.
Mr. Stoddard: Do you have any interest professionally or personally that will present a conflict of interest because of your service on the board?
Dr. Fishburne: No, sir.
Mr. Stoddard: Do you now hold any public position of honor or trust that if elected to the board will cause you to violate the dual office holding clause of the Constitution?
Dr. Fishburne: No, sir.
Mr. Stoddard: Any questions, gentlemen?
Mr. Wilson: As a native of Charleston and with another representative from Charleston present, I'm particularly pleased with your name - Cotesworth Pinckney.
Dr. Fishburne: Thank you.
Mr. Wilson: That's very noteworthy.
Dr. Fishburne: Very happy (inaudible)
Mr Stoddard: If there are no further questions.. thank you, doctor.
Dr Fishburne: Well, I...
Mr Martin: Oh, wait, are you an incumbent?
Dr. Fishburne: No, sir.
Mr Stoddard: There's no incumbent in this area.
Dr Fishburne: Dr. Pratt, Dr. John Pratt of York retired after 40 years on our seat this year.
Mr. Stoddard: Thank you, doctor. Dr. Dodge, I believe you are next.
Dr. Dodge: Yes.
Mr. Stoddard: Do you have any health related problems the screening committee should be made aware of that will prevent you from serving on the board in the full capacity?
Dr. Dodge: No.
Mr. Stoddard: Considering your present occupation and other activities would you be able to attend board meetings on a regular basis?
Dr. Dodge: Yes, sir, I would.
Mr. Stoddard: Do you have any interest professionally or personally that will present a conflict of interest because of your service on the board?
Dr. Dodge: No, I don't.
Mr. Stoddard: Do you now hold any public position of honor or trust that if elected to the board will cause you to violate the dual office holding clause of the Constitution?
Dr. Dodge: No, I don't.
Mr. Stoddard: Any questions? Thank you, sir. Dr. O'Bryan. Dr. O'Bryan is an unopposed incumbent.
Dr. O'Bryan: Thank you.
Mr. Stoddard: Do you have any health related problems the screening committee should be made aware of that will prevent you from serving on the board in the full capacity?
Dr. O'Bryan: No, I don't.
Mr. Stoddard: Considering your present occupation and other activities would you be able to attend board meetings on a regular basis?
Dr. O'Bryan: Yes.
Mr. Stoddard: Do you have any interest professionally or personally that will present a conflict of interest because of your service on the board?
Dr. O'Bryan: No.
Mr. Stoddard: Do you now hold any public position of honor or trust that if elected to the board will cause you to violate the dual office holding clause of the Constitution?
Dr. O'Bryan: No, I don't.
Mr. Stoddard: Any questions gentlemen? Thank you, doctor. The next gentleman is the incumbent, Mr. Berlinsky. Do you have any health related problems the screening committee should be made aware of that will prevent you from serving on the board in the full capacity?
Mr. Berlinsky: No, I don't.
Mr. Stoddard: Considering your present occupation and other activities would you be able to attend board meetings on a regular basis?
Mr. Berlinsky: Yes, I would.
Mr. Stoddard: Do you have any interest professionally or personally that will present a conflict of interest because of your service on the board?
Mr. Berlinsky: No.
Mr. Stoddard: Do you now hold any public position of honor or trust that if elected to the board will cause you to violate the dual office holding clause of the Constitution?
Mr. Berlinsky: No, I don't.
Mr. Stoddard: Any questions for Mr. Berlinsky?
Mr. Martin: Mr. Berlinsky, if you were to be elected, re-elected, would you serve as faithfully and noblly in the future as you have so faithfully and noblly done in the past?
Mr. Berlinsky: I should certainly hope so, Mr. Martin.
Mr. Martin: I'm glad to see a another fellow graduate of the high school of Charleston.
Mr. Berlinsky: Glad (inaudible)
Mr. Stoddard: Thank you, Mr. Berlinsky. Next we have Mr. Clemons. Mr. Clemons is not present.
Mr. Stoddard: Ms. Fitzpatrick? (not present) Green? (not present) Mr. Horne? (not present) Kizer?
Mr. Kizer: Yes.
Mr. Stoddard: Do you have any health related problems the screening committee should be made aware of that will prevent you from serving on the board in the full capacity?
Mr Kizer: No, sir.
Mr Stoddard: Considering your present occupation and other activities would you be able to attend board meetings on a regular basis?
Mr. Kizer: Yes, sir.
Mr. Stoddard: Do you have any interest professionally or personally that will present a conflict of interest because of your service on the board?
Mr. Kizer: None that I know of, sir.
Mr. Stoddard: Do you now hold any public position of honor or trust that if elected to the board will cause you to violate the dual office holding clause of the Constitution?
Mr. Kizer: No, sir.
Mr. Stoddard: Any questions gentlemen for Mr. Kizer? Thank you, sir.
Mr. Kizer: You're welcome
Mr. Macaulay: Mr. Chairman, I apologize for being late this morning, but I guess you know I have far to come as many of us do. It takes me a while to get started.
Mr. Stoddard: Senator Macaulay joins us now. He is in the far corner of the state called Oconee County. Was it chilly up there this morning?
Mr. Macaulay: Yes, sir.
Mr. Stoddard: Next, we have Mr. Ray. Do you have any health related problems the screening committee should be made aware of that will prevent you from serving on the board in the full capacity?
Mr. Ray: No, sir.
Mr. Stoddard: Considering your present occupation and other activities would you be able to attend board meetings on a regular basis?
Mr. Ray: Yes, sir.
Mr. Stoddard: Do you have any interest professionally or personally that will present a conflict of interest because of your service on the board?
Mr. Ray: No, sir.
Mr. Stoddard: Do you now hold any public position of honor or trust that if elected to the board will cause you to violate the dual office holding clause of the Constitution?
Mr. Ray: No, sir.
Mr. Stoddard: Any questions gentlemen? None?
Mr. Wilson: Is your father a dentist?
Mr. Ray: Yes, worked for Dr. Edmonds for many years.
Mr. Wilson: He was my dentist. I was one of his best clients. When I was seven years old I learned how to walk from downtown Charleston to his office.
Mr. Stoddard: Do you mean best paying client or (inaudible)
Mr. Wilson: In every way.
Mr. Stoddard: Thank you, sir.
Mr. Ray: Thank you.
Mr. Stoddard: Next, we have Dr. Spence. Do you have any health related problems the screening committee should be made aware of that will prevent you from serving on the board in the full capacity?
Dr. Spence: No, sir.
Mr. Stoddard: Considering your present occupation and other activities would you be able to attend board meetings on a regular basis?
Dr. Spence: No, sir.
Mr. Stoddard: I believe you mean yes, sir.
Dr. Spence: Yes, sir.
Mr. Stoddard: Considering your present occupation and other activities would you be able to attend board meetings on a regular basis?
Dr. Spence: Oh, absolutely, yes, sir.
Mr. Stoddard: Do you have any interest professionally or personally that will present a conflict of interest because of your service on the board?
Dr. Spence: No, sir.
Mr. Stoddard: Do you now hold any public position of honor or trust that if;elected to the board will cause you to violate the dual office holding clause of the Constitution?
Dr. Spence: No, sir.
Mr. Stoddard: Any questions gentlemen for Dr. Spence? Thank you doctor.
Mr. Macaulay: One real quick, colonel, doctor?
Dr. Spence: Yes, sir.
Mr. Macaulay: I see that you live on Soloman's Island.
Dr. Spence: That's right.
Mr. Macaulay: Well, I was born there and...
Dr. Spence: It's changed somewhat.
Mr. Macaulay: Last time I was there I noticed they tore down the place where I was born. I don't know if that's some reflection. It really has changed. You're also a professor emeritus at The Citadel, I was trying to read through this real quickly. What is your field, sir?
Dr. Spence: My major field at The Citadel was teaching foreign languages, primarily French, Spanish or German when someone had to go for his Ph.D.
Mr. Macaulay: Very good, thank you, sir.
Dr. Spence: Yes, sir.
Mr. Stoddard: Next, we have Dr. Ezell. (Dr. Ezell was not present.) We now go to the South Carolina State College candidates. First we have Mr. Campbell. Do you have any health related problems the screening committee should be made aware of that will prevent you from serving on the board in the full capacity?
Mr. Campbell: No, sir.
Mr. Stoddard: Considering your present occupation and other activities would you be able to attend board meetings on a regular basis?
Mr. Campbell: Yes, sir.
Mr. Stoddard: Do you have any interest professionally or personally that will present a conflict of interest because of your service on the board?
Mr. Campbell: No, sir.
Mr. Stoddard: Do you now hold any public position of honor or trust that if elected to the board will cause you to violate the dual office holding clause of the Constitution?
Mr. Campbell: No, sir.
Mr. Stoddard: Any questions gentlemen for Mr. Campbell?
Mr. Wilson: Mr. Chairman, how many seats are open on the State Board? One?
Mrs. Tinsley: One, unexpired term.
Mr. Stoddard: Only one. Any other questions? Thank you Mr. Campbell. Dr. McIver. Do you have any health related problems the screening committee should be made aware of that will prevent you from serving on the board in the full capacity?
Dr. McIver: No, sir.
Mr. Stoddard: Considering your present occupation and other activities would you be able to attend board meetings on a regular basis?
Dr. McIver: Yes, I would sir.
Mr. Stoddard: Do you have any interest professionally or personally that will present a conflict of interest because of your service on the board?
Dr. McIver: No, sir.
Mr. Stoddard: Do you now hold any public position of honor or trust that if elected to the board will cause you to violate the dual office holding clause of the Constitution?
Dr. McIver: No, sir.
Mr. Stoddard: Any questions gentlemen for Dr. McIver?
Mr. Wilson: :I would like to note that Senator Giese has sent a very warm and gracious letter on your behalf to the members of the Senate.
Dr. McIver: Thank you, sir, for calling that to my attention,
Mr. Stoddard: Thank you. Dr. Paschal. Do you have any.health related problems the screening committee should be made aware of that will prevent you from serving on the board in the full capacity?
Dr. Paschal: No, sir.
Mr. Stoddard: Considering, your present occupation and other activities would you be able to attend board meetings on a regular basis?
Dr. Paschal: Yes, sir.
Mr. Stoddard: Do you have any interest professionally or personally that will present a conflict of interest because of your service on the board?
Dr. Paschal: No, sir.
Mr. Stoddard: Do you now hold any public position of honor or trust that if elected to the board will cause you to violate the dual office holding clause of the Constitution?
Dr. Paschal: No, sir.
Mr. Stoddard: Any questions? Thank you, sir. Mr. Thomas. Mr. Thomas, do you have any health related problems the screening committee should be made aware of that will prevent you from serving on the board in the full capacity?
Mr. Thomas: No, I do not.
Mr. Stoddard: Considering your present occupation and other activities would you be able to attend board meetings on a regular basis?
Mr. Thomas: Yes, sir.
Mr. Stoddard: Do you have any interest professionally or personally that will present a conflict of interest because of your service on the board?
Mr. Thomas: No, I do not.
Mr. Stoddard: Do you now hold any public position of honor or trust that if elected to the board will cause you to violate the dual office holding clause of the Constitution?
Mr. Thomas: No, I do not.
Mr. Stoddard: Any questions for Mr. Thomas, gentlemen? Thank you, sir. Mr. Weaver. Mr. Weaver, do you have any health related problems the screening committee should be made aware of that will prevent you from serving on the board in the full capacity?
Mr. Weaver: No, sir.
Mr. Stoddard: Considering your present occupation and other activities would you be able to attend board meetings on a regular basis?
Mr. Weaver: Yes, sir.
Mr. Stoddard: Do you have any interest professionally or personally that will present a conflict of interest because of your service on the board?
Mr. Weaver: No, sir.
Mr. Stoddard: Do you now hold any public position of honor or trust that if elected to the board will cause you to violate the dual office holding clause of the Constitution?
Mr. Weaver: No, sir.
Mr. Stoddard: Any questions gentlemen for Mr. Weaver? Thank you, sir. Mr. Zimmerman.
Mr. Zimmerman: Mr. Chairman, if you don't mind.
Mr. Stoddard: That will be fine right there.
Mr. Zimmerman: Thank you very much.
Mr. Stoddard: Mr. Zimmerman, do you have any health related problems the screening committee should be made aware of that will prevent you from serving on the board in the full capacity?
Mr. Zimmerman: No, I do not.
Mr. Stoddard: Considering your present occupation and other activities would you be able to attend board meetings on a regular basis?
Mr. Zimmerman: I certainly would.
Mr. Stoddard: Do you have any interest professionally or personally that will present a conflict of interest because of your service on the board?
Mr. Zimmerman: No, I don't.
Mr. Stoddard: Do you now hold any public position of honor or trust that if elected to the board will cause you to violate the dual office holding clause of the Constitution?
Mr. Zimmerman: No, I do not.
Mr. Stoddard: Any questions gentlemen for Mr. Zimmerman? Thank you, sir.
Mr. Zimmerman: Thank you.
Mr. Stoddard: That completes the South Carolina State College candidates. We move now to the Winthrop College candidates. For the regular term we have, first, Dr. Bridges.
Mr. Stoddard: Dr. Bridges, do you have any health related problems the screening committee should be made aware of that will prevent you from serving on the board in the full capacity?
Dr. Bridges: No, sir.
Mr. Stoddard: Considering your present occupation and other activities would you be able to attend board meetings on a regular basis?
Dr. Bridges: Yes, sir.
Mr. Stoddard: Do you have any interest professionally or personally that will present a conflict of interest because of your service on the board?
Dr. Bridges: No, sir.
Mr. Stoddard: Do you now hold any public position of honor or trust that if elected to the board will cause you to violate the dual office holding clause of the Constitution?
Dr. Bridges: No, sir.
Mr. Stoddard: Any questions gentlemen? Thank you, sir. Mr. Franklin. Mr. Franklin, do you have any health related problems the screening committee should be made aware of that will prevent you from serving on the board in the full capacity?
Mr. Franklin: No, sir.
Mr. Stoddard: Considering your present occupation and other activities would you be able to attend board meetings on a regular basis?
Mr. Franklin: Yes, sir.
Mr. Stoddard: Do you have any interest professionally or personally that will present a conflict of interest because of your service on the board?
Mr. Franklin: No, sir.
Mr. Stoddard: Do you now hold any public position of honor or trust that if elected to the board will cause you to violate the dual office holding clause of the Constitution?
Mr. Franklin: No, sir.
Mr. Stoddard: Any questions gentlemen? Thank you, sir. Mr. Lindsay. Mr. Lindsay, do you have any health related problems the screening committee should be made aware of that will prevent you from serving on the board in the full capacity?
Mr. Lindsay: No, sir.
Mr. Stoddard: Considering your present occupation and other activities would you be able to attend board meetings on a regular basis?
Mr. Lindsay: Yes, sir.
Mr. Stoddard: Do you have any interest professionally or personally that will present a conflict of interest because of your service on the board?
Mr. Lindsay: No, sir.
Mr. Stoddard: Do you now hold any public position of honor or trust that if elected to the board will cause you to violate the dual office holding clause of the Constitution?
Mr. Lindsay: No, sir.
Mr. Stoddard: Any questions gentlemen?
Mr. Wilson: It should to be noted that Mr. Lindsay is an incumbent.
Mr. Lindsay: Correct.
Mr. Stoddard: Thank you, Mr. Lindsay. Our next candidate is Ms. McMillan.
Ms. McMillan, do you have any health related problems the screening committee should be made aware of that would prevent you from serving on the board in the full capacity?
Ms. McMillan: No, sir.
Mr. Stoddard: Considering your present occupation and other activities would you be able to attend board meetings on a regular basis?
Ms. McMillan: Yes, I will.
Mr. Stoddard: Do you have any interest professionally or personally that will present a conflict of interest because of your service on the board?
Ms. McMillan: No, I do not.
Mr. Stoddard: Do you now hold any public position of honor or trust that if elected to the board will cause you to violate the dual office holding clause of,the Constitution?
Ms. McMillan: No, sir.
Mr. Stoddard: Any questions of Ms. McMillan?
Mr. Macaulay: Mr. Chairman. Ms. McMillan, I noticed that you earned your baccalaureate degree from Winthrop between the years 1968 and 1971...in three years?
Ms. McMillan: Yes, sir.
Mr. Macaulay: Is that an accelerated program or...?
Ms. McMillan: I went to school year round and finished in three years.
Mr. Macaulay: Thank you.
Mr. Stoddard: Thank you. That completing the regular term, we go now to the unexpired term on the Winthrop Board. Mr. Bettis. Mr. Bettis, do you have any health related problems the screening committee should be made aware of that would prevent you from serving on the board in the full capacity?
Mr. Bettis: No, sir.
Mr. Stoddard: Considering your present occupation and other activities would you be able to attend board meetings on a regular basis?
Mr. Bettis: Yes, sir.
Mr. Stoddard: Do you have any interest professionally or personally that will present a conflict of interest because of your service on the board?
Mr. Bettis: No, sir.
Mr. Stoddard: Do you now hold any public position of honor or trust that if elected to the board will cause you to violate the dual office holding clause of the Constitution?
Mr. Bettis: No, sir.
Mr. Stoddard: Any questions of Mr. Bettis? Thank you, sir.
Mr. Bettis: Thank you.
Mr. Stoddard: Ms. Brock. Ms. Brock, do you have any health related problems the screening committee should be made aware of that would prevent you from serving on the board in the full capacity?
Ms. Brock: No, sir.
Mr. Stoddard: Considering your present occupation and other activities would you be able to attend board meetings on a regular basis?
Ms. Brock: Yes, sir.
Mr. Stoddard: Do you have any interest professionally or personally that will present a conflict of interest because of your service on the board?
Ms. Brock: No, sir
Mr. Stoddard: Do you now hold any public position of honor or trust that if elected to the board will cause you to violate the dual office holding clause of the Constitution?
Ms. Brock: No, sir.
Mr. Stoddard: Any questions of Ms. Brock? Thank you. Next we have Mr. Crane. Mr. Crane, do you have any health related problems the screening committee should be made aware of that would prevent you from serving on the board in the full capacity?
Mr. Crane: No, sir, I do not.
Mr. Stoddard: Considering your present occupation and other activities would you be able to attend board meetings on a regular basis?
Mr. Crane: Yes, sir, I will.
Mr. Stoddard: Do you have any interest professionally or personally that will present a conflict of interest because of your service on the board?
Mr. Crane: No, sir, I do not.
Mr. Stoddard: Do you now hold any public position Or honor or trust that if elected to the board will cause you to violate the dual office holding clause of the Constitution?
Mr. Crane: No, sir, I do not.
Mr. Stoddard: Any questions? Thank you, sir. Dr. Trout. Dr. Trout, do you have any health related problems the screening committee should be made aware of that would prevent you from serving on the board in the full capacity?
Dr. Trout: No, sir.
Mr. Stoddard: Considering your present occupation and other activities would you be able to attend board meetings on a regular basis?
Dr. Trout: Yes, sir.
Mr. Stoddard: Do you have any interest professionally or personally that will present a conflict of interest because of your service on the board?
Dr. Trout: No, sir.
Mr. Stoddard: Do you now hold any public position of honor or trust that if elected to the board will cause you to violate the dual office holding clause of the Constitution?
Dr. Trout: No, sir.
Mr. Stoddard: Any questions of Dr. Trout?
Mr. Macaulay: Dr. Trout.
Mr. Stoddard: Dr. Trout. Thank you, doctor. Ms. Yates. Is Ms. Yates not present? (Ms. Yates was not present.) We move now to The Citadel candidate unable to appear at the screening of candidates last week. Is Mr. Green present?
Mr. Green: Yes, sir.
Mr. Stoddard: Thank you, Mr. Green. Mr. Green, do you have any health related problems the screening committee should be made aware of that would prevent you from serving on the board in the full capacity?
Mr. Green: No, sir, I do not.
Mr. Stoddard: Considering your present occupation and other activities would you be able to attend board meetings on a regular basis?
Mr. Green: Yes, sir, I will.
Mr. Stoddard: Do you have any interest professionally or personally that will present a conflict of interest because of your service on the board?
Mr. Green: No, I do not.
Mr. Stoddard: Do you now hold any public position of honor or trust that if elected to the board will cause you to violate the dual office holding clause of the Constitution?
Mr. Green: I hold a non-pay, state constable's commission. If that would be deemed to be dual office holding I would resign that commission. I believe it was changed in last year's session, sir.
Mr. Stoddard: Any questions, gentlemen? Thank you, sir. Next we have three Clemson candidates who we have not heretofore screened. Mr. Harmon. Mr. Harmon, do you have any health related problems the screening committee should be made aware of that would prevent you from serving on the board in the full capacity?
Mr. Harmon: No, sir.
Mr. Stoddard: Considering your present occupation and other activities would you be able to attend board meetings on a regular basis?
Mr. Harmon: I will.
Mr. Stoddard: Do you have any interest professionally or personally that will present a conflict of interest because of your service on the board?
Mr. Harmon: No, sir.
Mr. Stoddard: Do you now hold any public position of honor or trust that if elected to the board will cause you to violate the dual office holding clause of the Constitution?
Mr. Harmon: No, sir.
Mr. Stoddard: Any questions of this gentleman? Thank you, sir.
Mr. Harmon: Thank you.
Mr. Stoddard: Mr. Lavender?
Mr. Lavender: Yes, sir.
Mr. Stoddard: Mr. Lavender, do you have any health related problems the screening committee should be made aware of that would prevent you from serving on the board in the full capacity?
Mr. Lavender: No, sir, not to my knowledge.
Mr. Stoddard: Considering your present occupation and other activities would you be able to attend board meetings on a regular basis?
Mr. Lavender: Yes, sir, I would.
Mr. Stoddard: Do you have any interest professionally or personally that will present a conflict of interest because of your service on the board?
Mr. Lavender: No, sir, I do not.
Mr. Stoddard: Do you now hold any public position of honor or trust that if elected to the board will cause you to violate the dual office holding clause of the Constitution"
Mr. Lavender: No, sir, I do not.
Mr. Stoddard: Any questions? Thank you, sir.
Mr. Lavender: Thank you.
Mr. Stoddard: Is Dr. Robinson present?
Dr. Robinson: Good morning.
Mr. Stoddard: Good morning, doctor. Do you have any health related problems the screening committee should be made aware of that would prevent you from serving on the board in the full capacity?
Dr. Robinson: No, sir.
Mr. Stoddard: Considering your present occupation and other activities would you be able to attend board meetings on a regular basis?
Dr. Robinson: Yes, sir.
Mr. Stoddard: Do you have any interest professionally or personally that will present a conflict of interest because of your service on the board?
Dr. Robinson: No, sir.
Mr. Stoddard: Do you now hold any public position of honor or trust that if elected to the board will cause you to violate the dual office holding clause of the Constitution?
Dr. Robinson: I am presently chairman of the Board of Veterinary Medical Examiners. If this presents a problem I will resign from that position.
Mr. Stoddard: Any questions of Dr. Robinson? Thank you, sir.
Dr. Robinson: Thank you, sir.
Mr. Stoddard: We've got two candidates for Wil Lou Gray Opportunity School. Dr. Efron. Dr. Efron, do you have any health related problems the screening committee should be made aware of that would prevent you from serving on the board in the full capacity?
Dr. Efron: No, sir.
Mr. Stoddard: Considering your present occupation and other activities would you be able to attend board meetings on a regular basis?
Dr. Efron: Yes, sir.
Mr. Stoddard: Do you have any interest professionally or personally that will present a conflict of interest because of your service on the board?
Dr. Efron: No, sir.
Mr. Stoddard: Do you now hold any public position of honor or trust that if elected to the board will cause you to violate the dual office holding clause of the Constitution?
Dr. Efron: No, sir.
Mr. Stoddard: Any questions, gentlemen?
Mr. Wilson: I'd like to note here that Dr. Efron is my optometrist. He does an excellent job. And more importantly, he is well thought of in Lexington County and Edgefield County.
Mr. Stoddard: Thank you, doctor. Next, we have Ms. McBride. Do you have any health related problems the screening committee should be made aware of that would prevent you from serving on the board in the full capacity?
Ms McBride: No, sir.
Mr. Stoddard: Considering your present occupation and other activities would you be able to attend board meetings on a regular basis?
Ms. McBride: Yes, sir.
Mr. Stoddard: Do you have any interest professionally or personally that will present a conflict of interest because of your service on the board?
Ms. McBride: No, sir.
Mr. Stoddard: Do you now hold any public position of honor or trust that if elected to the board will cause you to violate the dual office holding clause of the Constitution?
Ms. McBride: No, sir.
Mr. Stoddard: Any questions of Ms. McBride? Thank you.
Ms. McBride: Thank you.
Mr. Stoddard: I guess that concludes...anyone back there we left out? Appreciate you coming.

Received as information.

REPORTS OF STANDING COMMITTEES

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

S. 1288 -- Senator Doar: A BILL TO AMEND SECTIONS 54-15-10 AND 54-15-20, CODE OF LAWS OF SOUTH CAROLINA, 1916, RELATING TO THE COMMISSIONERS OF PILOTAGE FOR THE PORTS OF GEORGETOWN, LITTLE RIVER, AND PORT ROYAL, SO AS TO DELETE THE REQUIREMENT THAT THEY BE APPOINTED IN FEBRUARY OF ODD-NUMBERED YEARS AND TO PROVIDE THAT THE EXECUTIVE DIRECTOR OF THE PORT OF GEORGETOWN IS A MEMBER EX OFFICIO OF THE COMMISSIONERS OF PILOTAGE OF GEORGETOWN.

Ordered for consideration tomorrow.

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

H. 3464 -- Rep. Petty: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-6-155 SO AS TO REQUIRE EACH LICENSED AUCTIONEER TO ESTABLISH A PERSONAL PROPERTY TRUST FUND IN WHICH ALL MONIES BELONGING TO ANOTHER WHICH COME INTO HIS POSSESSION THROUGH AN AUCTION SALE MUST BE DEPOSITED.

Ordered for consideration tomorrow.

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

H. 3963 - - Reps. J.W. McLeod and R. Brown: A BILL TO AMEND TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 58 SO AS TO REQUIRE REGISTRATION OF MORTGAGE LOAN BROKERS.

Ordered for consideration tomorrow.

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

H. 4020 -- Reps. J.W. McLeod and McEachin: A BILL TO AMEND SECTIONS 37-3-log AND 37-3-202, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MAXIMUM CHARGES UNDER THE CONSUMER PROTECTION CODE, SO AS TO EXCLUDE FEES AND CHARGES PAID TO PERSONS REGISTERED AS MORTGAGE LOAN BROKERS FROM THE DEFINITION OF "LOAN FINANCE CHARGE" AND TO ALLOW AS AN ADDITIONAL CHARGE IN CONNECTION WITH A CONSUMER LOAN FEES AND CHARGES PAID TO PERSONS REGISTERED AS MORTGAGE LOAN BROKERS.

Ordered for consideration tomorrow.

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

H. 3416 - - Reps. J. Bradley, J.W. McLeod, M.O. Alexander and Neilson: A BILL TO AMEND ARTICLE 1, CHAPTER 77, TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AUTOMOBILE INSURANCE, BY ADDING SECTION 38-77-45 SO AS TO PROVIDE THAT NO USED MOTOR VEHICLE PARTS OR MOTOR VEHICLE PARTS OTHER THAN THOSE OF THE ORIGINAL EQUIPMENT MANUFACTURER MAY BE USED TO REPAIR A MOTOR VEHICLE AS A RESULT OF AN AUTOMOBILE ACCIDENT WHERE THE COST OF THE PROPERTY DAMAGE IS BEING PAID BY THE INSURER OF THE AT-FAULT PARTY, WITHOUT THE CONSENT OF THE OWNER OF THE VEHICLE BEING REPAIRED.

Ordered for consideration tomorrow.

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

H. 3903 - Reps. J. Bradley, Holt and Mappus: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-77-605 SO AS TO PROVIDE THAT EVERY PREMIUM NOTICE OR BILL FOR PRIVATE PASSENGER AUTOMOBILE INSURANCE MUST DISPLAY PROMINENTLY IN BOLD TYPE THE FACILITY RECOUPMENT CHARGE, BY COVERAGE, AND THE TOTAL FACILITY RECOUPMENT CHARGE FOR THAT POLICY OR BINDER.

Ordered for consideration tomorrow.

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

H.-4011 -- Rep. J.W. McLeod: A BILL TO AMEND SECTION 38-39-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CANCELLATION OF INSURANCE CONTRACTS BY A PREMIUM SERVICE COMPANY, SO AS TO INCREASE THE AMOUNT OF SURPLUS OVER THE AMOUNT DUE TO AN INSURED IN A RETURN OF PREMIUM WHICH IS NOT REQUIRED TO BE RETURNED FROM ONE DOLLAR TO FIVE DOLLARS.

Ordered for consideration tomorrow.

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

H. 4029 -- Rep. J.W. McLeod: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-77-630 SO AS TO PROVIDE THAT AN AUTOMOBILE LIABILITY INSURANCE POLICY MAY NOT BE CEDED TO THE SOUTH CAROLINA REINSURANCE FACILITY UNLESS IT IS ACCOMPANIED BY A RENEWAL NOTICE OR A MOTOR VEHICLE REPORT ISSUED WITHIN SIXTY DAYS OF THE DATE OF THE BINDER AND THE FULL, PROPER PREMIUM.

Ordered for consideration tomorrow.

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

H. 3861 -- Rep. Lewis: A BILL TO AMEND SECTION 33-55-210, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RECOVERY OF DAMAGES AGAINST CHARITABLE ORGANIZATIONS AND TO THE LIABILITY OF A HEALTH CARE PROVIDER FOR SERVICES RENDERED VOLUNTARILY AND WITHOUT COMPENSATION, SO AS TO, AMONG OTHER THINGS, DELETE CERTAIN PROVISIONS, PROVIDE THAT AN ACTION AGAINST ANY CHARITABLE ORGANIZATION UNDER SECTIONS 33-55-210 THROUGH 33-55-230 CONSTITUTES A COMPLETE BAR TO ANY RECOVERY BY THE CLAIMANT, BY REASON OF THE SAME SUBJECT MATTER, AGAINST THE EMPLOYEE OF THE CHARITABLE ORGANIZATION WHOSE ACT OR OMISSION GAVE RISE TO THE CLAIM EXCEPT UNDER CERTAIN CONDITIONS, AND PROVIDE THAT NO JUDGMENT AGAINST AN EMPLOYEE OF A CHARITABLE ORGANIZATION MAY BE RETURNED UNLESS A SPECIFIC FINDING IS MADE THAT THE EMPLOYEE ACTED IN A RECKLESS, WILFUL, OR GROSSLY NEGLIGENT MANNER; AND TO REPEAL SECTION 33-55-220, RELATING TO THE PROVISION THAT THE BAR TO ANY ACTION AGAINST THE EMPLOYEE OF A CHARITABLE ORGANIZATION DOES NOT APPLY WHERE THE EMPLOYEE IS ADJUDGED TO HAVE ACTED RECKLESSLY, WANTONLY, OR WITH GROSS NEGLIGENCE.

Ordered for consideration tomorrow.

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

S. 745 -- Senator Holland: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-5-125 SO AS TO PROVIDE FOR WRITTEN NOTIFICATION OF REGISTRATION TO VOTE; AND TO AMEND SECTION 7-13-710, RELATING TO PROOF OF THE RIGHT TO VOTE AND THE POLL LIST, SO AS TO REVISE THE VOTER IDENTIFICATION REQUIREMENTS BY PROVIDING FOR PROOF BY WRITTEN REGISTRATION NOTIFICATION.

Ordered for consideration tomorrow.

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

S. 924 -- Senator Wilson: A BILL TO AMEND SECTION 7-13-830, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIRED PROCEDURE WHEN A VOTER IS CHALLENGED, SO AS TO CLARIFY THE PROCEDURE FOR COUNTING BALLOTS UNSUCCESSFULLY CHALLENGED.

Ordered for consideration tomorrow.

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

S. 1223 -- Senator Fielding: A BILL TO AMEND SECTION 5-15-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROCEDURE FOR CHANGING THE NUMBER OR METHOD OF ELECTION OF MEMBERS TO THE GOVERNING BODY OF A MUNICIPALITY, SO AS TO REQUIRE A PETITION BE CERTIFIED AS VALID OR REJECTED BY THE MUNICIPAL ELECTION COMMISSION WITHIN SIXTY DAYS AFTER IT HAS BEEN DELIVERED TO THE COMMISSION.

Ordered for consideration tomorrow.

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

H. 3999 -- Reps. Wilkins, Huff and McElveen: A BILL TO AMEND SECTION 23-31-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF PERMITS TO POSSESS A WEAPON, SO AS TO PROVIDE FOR THE ISSUANCE TO CIRCUIT AND FAMILY COURT JUDGES.

Ordered for consideration tomorrow.

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

H. 4004 -- Reps. Wilkins, Huff and McElveen: A BILL TO AMEND SECTION 20-7-755, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONDUCT OF FAMILY COURT HEARINGS INVOLVING CHILDREN, SO AS TO PROVIDE FOR THE HEARINGS TO BE CONDUCTED IN A FORMAL INSTEAD OF INFORMAL MANNER AND DELETE THE PROVISION REQUIRING A TRANSCRIPT OF THE HEARINGS IF THE COURT ORDERS IT.

Ordered for consideration tomorrow.

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

H. 4005 -- Reps. Wilkins, Huff and McElveen: A BILL TO AMEND SECTION 20-7-736, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FAMILY COURT JURISDICTION AND REMOVAL PROCEEDINGS, SO AS TO LENGTHEN THE TIME WITHIN WHICH A HEARING MUST BE HELD ON A REMOVAL PETITION FROM THIRTY TO FORTY DAYS OF THE DATE THE PETITION IS RECEIVED.

Ordered for consideration tomorrow.

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

H. 4009 -- Reps. Wilkins, Huff and McElveen: A BILL TO AMEND SECTION 14-17-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CLERK OF THE COURT OF COMMON PLEAS SERVING AS CLERK OF ALL COURTS OF RECORD, SO AS TO INCLUDE THE FAMILY COURT.

Ordered for consideration tomorrow.

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

S. 958 -- Senators Saleeby, McConnell and Pope: A BILL TO AMEND SECTION 38-53-170, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO UNLAWFUL ACTS REGARDING BAIL BONDSMEN AND RUNNERS, SO AS TO DELETE THE PROVISION THAT LOITERING IN OR ABOUT A MAGISTRATE'S OFFICE OR ANY PLACE WHERE PRISONERS ARE CONFINED IS PRIMA FACIE EVIDENCE OF SOLICITING, TO PROVIDE THAT JUDICIAL OFFICERS, LAW ENFORCEMENT OFFICERS, AND JAILERS HAVE FULL RESPONSIBILITY, POWER, AND AUTHORITY TO ENFORCE CERTAIN PROVISIONS OF SECTION 38-53-170, AND TO REQUIRE THAT ANY ACTION TAKEN PURSUANT TO CERTAIN PROVISIONS OF SECTION 38-53-170 RESULTING IN A CONVICTION, GUILTY PLEA, OR PLEA OF NOLO CONTENDERE MUST BE REPORTED TO THE CHIEF INSURANCE COMMISSIONER.

Ordered for consideration tomorrow.

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

H. 4007 -- Reps. Wilkins, Huff and McElveen: A BILL TO AMEND SECTION 20-7-420, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FAMILY COURT JURISDICTION IN DOMESTIC MATTERS, SO AS TO PROVIDE FOR JURISDICTION TO COMPEL ACTION UNDER THE CHILDREN'S CODE, DOMESTIC ABUSE ACT, AND PROVISIONS PROTECTING DEVELOPMENTALLY DISABLED AND SENILE PERSONS; ON ATTORNEY FEES; AND TO APPOINT AND PROVIDE COMPENSATION FOR GUARDIANS AD LITEM.

Ordered for consideration tomorrow.

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

H. 3940 -- Reps. McAbee, Gentry, Waldrop, Davenport and White: A BILL TO AMEND SECTION 6-7-1030, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY OF A MUNICIPALITY OR COUNTY TO ADOPT SUBDIVISION REGULATIONS, SO AS TO AUTHORIZE THE GOVERNING BODY OF THE COUNTY TO CREATE SUBDIVISION DISTRICTS AND ADOPT SUBDIVISION REGULATIONS FOR A SPECIFIC DISTRICT.

Ordered for consideration tomorrow.

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

H. 3985 -- Reps. Dangerfield, Whipper, Aydlette, Washington, Mappus, J. Bradley, Holt, Foxworth, Winstead, D. Martin and Kohn: A BILL TO AMEND SECTION 6-25-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MANAGEMENT AND CONTROL OF A JOINT MUNICIPAL WATER SYSTEM, SO AS TO AUTHORIZE THE APPOINTMENT OF ADDITIONAL COMMISSIONERS BY THE GOVERNING BODY OF A MEMBER OF THE SYSTEM.

Ordered for consideration tomorrow.

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

S. 1196 -- Corrections and Penology Committee: A BILL TO AMEND SECTIONS 24-21-10, 24-21-13, 24-21-60, 24-21-70, 24-21-80, 24-21-90, 24-21-250, 24-21-260, 24-21-280, 24-21-290, 24-21-475, 24-21-480, 24-21-485, 24-21-650, AND 24-21-930, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PAROLE AND COMMUNITY CORRECTIONS BOARD, DEPARTMENT, AND OFFICERS AND EMPLOYEES, SO AS TO CHANGE THE NAME AND REFERENCES TO THE PROBATION, PAROLE, AND PARDON SERVICES BOARD, DEPARTMENT, AND OFFICERS AND EMPLOYEES AND TO DELETE ANTIQUATED AND OBSOLETE LANGUAGE.

Ordered for consideration tomorrow.

HOUSE RESOLUTION

The following was introduced:

H. 4093 -- Rep. Harvin: A HOUSE RESOLUTION TO SET BY SPECIAL ORDER S. 711, RELATING TO FEES PAID TO CLERKS OF COURT AND REGISTERS OF MESNE CONVEYANCES, FOR SECOND READING OR OTHER CONSIDERATION IMMEDIATELY FOLLOWING THE CALL OF THE UNCONTESTED CALENDAR ON WEDNESDAY, APRIL 6, 1988, AND TO PROVIDE FOR THE CONTINUING SPECIAL ORDER CONSIDERATION OF S. 711 UNTIL SECOND READING OR OTHER DISPOSITION.

The Resolution was ordered referred to the Committee on Rules.

INTRODUCTION OF BILLS

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

H. 4094 -- Reps. Carnell and Townsend: A BILL TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 41 SO AS TO AUTHORIZE SPECIAL LICENSE PLATES TO BE ISSUED TO RETIRED MEMBERS OF THE GENERAL ASSEMBLY.

Referred to Committee on Education and Public Works.

H. 4095 -- Reps. Fair and Hayes: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-21-1035 SO AS TO PROVIDE FOR A TWENTY PERCENT SURTAX ON BEER TAXES AND FOR ITS DISTRIBUTION; TO AMEND SECTION 44-49-40, RELATING TO THE POWERS AND DUTIES OF THE COMMISSION ON ALCOHOL AND DRUG ABUSE PERTAINING TO NARCOTICS AND CONTROLLED SUBSTANCES, SO AS TO PROVIDE FOR AN AUDIT OF AGENCIES OR ORGANIZATIONS IMPLEMENTING COUNTY PLANS FOR ALCOHOL AND DRUG ABUSE; AND SECTION 61-5-360, RELATING TO THE ADMINISTRATION AND ACCOUNTING PROCEDURES FOR THE COUNTY PLANS, SO AS TO ;PROVIDE FOR THE COUNTY GOVERNING BODY'S FISCAL CONTROL AND FUNDING OF ACCOUNTING PROCEDURES, FOR AUDIT GUIDELINES FOR THE AUDIT OF FISCAL RECORDS, AND FOR THE AUDIT OF LOCAL PROGRAMS.

Referred to Committee on Ways and Means.

H. 4096 -- Reps. Beasley and Baxley: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF DARLINGTON POST NO. 13 OF THE AMERICAN LEGION.

On motion of Rep. BEASLEY, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

H. 4097 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE PUBLIC SERVICE COMMISSION, RELATING TO PRACTICE AND PROCEDURE, DESIGNATED AS REGULATION DOCUMENT NUMBER 946, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Without reference.

H. 4098 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE PUBLIC SERVICE COMMISSION, RELATING TO COMMON CARRIERS AND MOTOR CARRIERS, DESIGNATED AS REGULATION DOCUMENT NUMBER 837, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Without reference.

H. 4099 -- 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 956, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Without reference.

H. 4100 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EXAMINERS IN PSYCHOLOGY, RELATING TO LICENSES, FEES, AND ADVERTISING, DESIGNATED AS REGULATION DOCUMENT NUMBER 915, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Without reference.

H. 4101 -- Medical, Military, Public and Municipal Affairs Committee: A BILL TO AMEND SECTION 40-47-600, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PHYSICIANS, SURGEONS, AND OSTEOPATHS, SO AS TO CHANGE CERTIFICATION REQUIREMENTS OF A RESPIRATORY CARE PRACTITIONER AND TO AMEND THE 1976 CODE BY ADDING SECTION 40-47-625 SO AS TO ALLOW THE ISSUANCE OF A TEMPORARY CERTIFICATE TO A RESPIRATORY CARE PRACTITIONER.

Without reference.

H. 4102 -- Rep. T.M. Burriss: A BILL TO AMEND SECTION 37-3-503, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SUPERVISED LOAN LICENSES FOR LENDERS UNDER THE PROVISIONS OF THE SOUTH CAROLINA CONSUMER PROTECTION CODE--LOANS, SO AS TO RAISE THE MINIMUM STANDARD OF FINANCIAL RESPONSIBILITY FOR APPLICANTS FROM TWENTY-FIVE THOUSAND DOLLARS IN ASSETS TO SEVENTY-FIVE THOUSAND DOLLARS.

Referred to Committee on Labor, Commerce and Industry.

H. 4103 -- Reps. McAbee, G. Brown, Humphries, T.M. Burriss, Hearn, Corning, Lewis, Day, O. Phillips and Davenport: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 57-11-100 SO AS TO AUTHORIZE THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO DEPOSIT CONTRACT RETAINAGE INTO INTEREST-BEARING ACCOUNTS.

Referred to Committee on Ways and Means.

H. 4104 -- Reps. Blanding, E.B. McLeod, McElveen and Baxley: A BILL TO TRANSFER CERTAIN PARCELS OF LAND IN SUMTER COUNTY FROM SCHOOL DISTRICT NO. 17 TO SCHOOL DISTRICT NO. 2.

Without reference.

H. 4105 -- Rep. Pearce: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-9-835 SO AS TO ALLOW RECIPROCAL AGREEMENTS BETWEEN THE DEPARTMENT OF WILDLIFE AND MARINE RESOURCES AND THE PROPER AUTHORITIES OF THE STATES OF GEORGIA AND NORTH CAROLINA TO ALLOW A BLIND PERSON TO FISH IN THE ADJOINING STATE WITHOUT A NONRESIDENT FISHING LICENSE.

Referred to Committee on Agriculture and Natural Resources.

H. 4107 -- Rep. Kirsh: A BILL TO AMEND SECTION 56-15-320, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE WHOLESALERS OR DEALERS, SO AS TO DELETE THE REQUIREMENT THAT A NEW BOND OR PROPER CONTINUATION CERTIFICATE MUST BE DELIVERED TO THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION ANNUALLY BEFORE THE LICENSE IS RENEWED.

Referred to Committee on Education and Public Works.

H. 4108 -- Rep. Hodges: a BILL TO AMEND CHAPTER 77, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEATH WITH DIGNITY ACT, SO AS TO REVISE THE DEFINITIONS PERTAINING TO THE ACT, PROVIDE WHEN LIFE SUSTAINING PROCEDURES MAY BE WITHHELD OR WITHDRAWN AND CLARIFY THE PHYSICIAN'S RESPONSIBILITIES, REVISE THE FORM AND PROCEDURES NECESSARY TO EXECUTE A VALID DECLARATION OF A DESIRE FOR A NATURAL DEATH, PROVIDE NEW REQUIREMENTS FOR REVOCATION OF A DECLARATION, PROVIDE THE CIRCUMSTANCES UNDER WHICH IMMUNITY APPLIES IN RELIANCE UPON A DECLARATION, DETAIL THE DUTIES OF A PHYSICIAN AND HEALTH CARE FACILITY IF A DECLARATION IS NOT EFFECTUATED, AND REVISE THE PENALTIES FOR NONCOMPLIANCE WITH THIS ACT.

Referred to Committee on Judiciary.

S. 1001 -- Senators Drummond, Dennis, Pope, Courson, Leatherman, Giese, Branton, Long, Thomas, Applegate, Thomas E. Smith, Jr., Shealy, Martschink, J. Verne Smith, McConnell, Wilson, Stilwell, Leventis, Macaulay, Lee, Peeler, Powell, Hinson, Horace C. Smith, Hayes, Setzler, Patterson, Fielding, McLeod, Doar, McGill, Waddell, Russell and Matthews: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 22 TO TITLE 1 SO AS TO PROVIDE FOR THE COMPLIANCE REVIEW ACT OF 1988 BY CREATING A FORMAL STRUCTURED PROCESS TO BE CONDUCTED BY THE REORGANIZATION COMMISSION TO DETERMINE THE DECREE OF AGENCY COMPLIANCE WITH THE FINDINGS AND RECOMMENDATIONS CONTAINED IN LEGISLATIVE AUDIT COUNCIL REPORTS AND TO PROVIDE FOR THE CHAPTER TO APPLY TO ANY AUDIT OR REPORT RELEASED TO THE PUBLIC AFTER DECEMBER 31, 1988.

On motion of Rep. KIRSH, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

S. 1222 -- Senators Doar, Waddell, Garrison and Bryan: A BILL TO AMEND SECTION 5-37-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN THE MUNICIPAL IMPROVEMENT ACT OF 1973, SO AS TO REDEFINE "ASSESSMENT", "IMPROVEMENTS", "IMPROVEMENT DISTRICT", AND "IMPROVEMENT PLAN"; SECTION 5-37-40, AS AMENDED, RELATING TO THE ESTABLISHMENT OF IMPROVEMENT DISTRICTS, SO AS TO DELETE THE REQUIREMENT THAT THE MUNICIPAL GOVERNING BODY OBTAIN WRITTEN CONSENT FROM A MAJORITY OF PROPERTY OWNERS IN THE PROPOSED DISTRICT BEFORE CREATING THE DISTRICT, DESCRIBE CERTAIN PROPERTY AS EXEMPT FROM AD VALOREM TAXATION AS PROVIDED BY LAW INSTEAD OF EXEMPT UNDER THE PROVISIONS OF THE INTERNAL REVENUE CODE FOR PURPOSES OF DETERMINING THE NUMBER OF OWNERS OF REAL PROPERTY WHICH MUST SIGN A PETITION TO REQUIRE A MUNICIPAL GOVERNING BODY TO ESTABLISH A DISTRICT, AND AUTHORIZE A MUNICIPAL GOVERNING BODY TO CREATE AN IMPROVEMENT DISTRICT BY ORDINANCE AFTER MAKING A FINDING OF CERTAIN CONSIDERATIONS; AND TO AMEND THE 1976 CODE BY ADDING SECTION 5-37-45 SO AS TO AUTHORIZE AN AREA TO BE INCLUDED IN AN IMPROVEMENT DISTRICT CREATED AFTER THE IMPROVEMENTS ARE BEGUN PURSUANT TO A PRECONSTRUCTION AGREEMENT.

Referred to Committee on Judiciary.

S. 1251 -- Senators Waddell and Long: A BILL TO AMEND CHAPTER 11, TITLE 55, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AIRPORTS, BY ADDING ARTICLE 7 SO AS TO PROVIDE CERTAIN 'STATE FUNDING FOR AIRLINE HUB TERMINAL FACILITIES TO BE CONSTRUCTED IN THIS STATE; AND TO AMEND SECTION 12-37-220, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO EXEMPT ALL PERSONAL PROPERTY OF AN AIRLINE COMPANY OPERATING AN AIRLINE HUB TERMINAL FACILITY IN THIS STATE.
Referred to Committee on Ways and Means.

SPECIAL INTRODUCTION

The Sumter Delegation introduced the Palmetto Association of Independent Schools Champion Wilson Hall Barons football team and its coaches.

CONCURRENT RESOLUTION

The following was introduced:

H. 4106 -- Rep. Tucker: A CONCURRENT RESOLUTION TO RECOGNIZE MS. MARTHA SHEELY OF ANDERSON UPON HER RETIREMENT FROM THE ANDERSON INDEPENDENT- MAIL AND TO WISH HER WELL IN HER FUTURE ENDEAVORS.

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

ROLL CALL

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

Alexander, M.O.        Alexander, T.C.        Altman
Arthur                 Aydlette               Bailey, G.
Bailey, K.             Baker                  Barfield
Baxley                 Beasley                Blackwell
Blanding               Boan                   Bradley, J.
Brown, H.              Brown, J.              Brown, R.
Burch                  Burriss, M.D.          Burriss, T.M.
Carnell                Chamblee               Clyborne
Cooper                 Cork                   Dangerfield
Day                    Elliott                Faber
Fair                   Foxworth               Gilbert
Gordon                 Harris, J.             Harris, P.
Harvin                 Haskins                Hayes
Hearn                  Hendricks              Hodges
Holt                   Huff                   Humphries
Johnson, J.C.          Johnson, J.W.          Jones
Kay                    Keyserling             Kirsh
Klapman                Mappus                 Martin, D.
Martin, L.             Mattos                 McAbee
McBride                McCain                 McEachin
McKay                  McLellan               McLeod, E.B.
McLeod, J.W.           Moss                   Neilson
Nesbitt                Nettles                Pearce
Pettigrew              Phillips, L.           Phillips, O.
Rhoad                  Rice                   Rogers, J.
Rogers, T.             Rudnick                Sharpe
Sheheen                Shelton                Simpson
Stoddard               Sturkie                Taylor
Thrailkill             Townsend               Tucker
Waldrop                Washington             Whipper
White                  Wilder                 Wilkins
Williams               Winstead

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on April 6, 1988.

Paul Derrick                      John H. Burriss
Derham Cole                       Carole Wells
Tee Ferguson                      Joseph Petty
Alfred McGinnis                   Ralph Davenport
Jack Gregory                      Doug McTeer
Steve Lanford                     Grady Brown
Robert Kohn                       L. Edward Bennett
Roland Corning                    T.W. Edwards
Larry Gentry                      Paul Short
Joseph McElveen                   John J. Snow
Philip T. Bradley                 John Felder
Total Present--117

STATEMENT OF ATTENDANCE

Rep. HOLT signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Tuesday, April 5, 1988.

DOCTOR OF THE DAY

Announcement was made that Dr. Leo L. Walker of Columbia is the Doctor of the Day for the General Assembly.

SILENT PRAYER

On motion of Rep. T. ROGERS the House stood in silent prayer in memory of Mrs. Pearl Garren, Mrs. Betty Amick's mother.

H. 3733--DEBATE ADJOURNED

Rep. WILKINS moved to adjourn debate upon the following Bill until Tuesday, April 12, which was adopted.

H. 3733 -- Rep. P. Bradley: A BILL TO PROVIDE FOR AN ADVISORY REFERENDUM TO DETERMINE IF THE QUALIFIED ELECTORS OF THE SCHOOL DISTRICT OF GREENVILLE COUNTY WISH TO GIVE ITS BOARD OF TRUSTEES UNLIMITED TAXING AUTHORITY.

ORDERED TO THIRD READING

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

H. 4087 -- Reps. Kay and Townsend: A BILL TO AUTHORIZE THE BOARD OF TRUSTEES OF ABBEVILLE COUNTY SCHOOL DISTRICT NO. 60 TO INCREASE MATERIAL FEES.

S. 1002 -- Senator Macaulay: A BILL TO AMEND SECTION 12-37-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO EXEMPT PROPERTY ACQUIRED BY CHARITABLE ENTITIES FOR THE PURPOSE OF BUILDING OR RENOVATING RESIDENTIAL STRUCTURES FOR SALE TO ECONOMICALLY DISADVANTAGED PERSONS.

Rep. KIRSH explained the Bill.

S. 1008 -- Senator Drummond: A JOINT RESOLUTION TO PROVIDE THAT THE TIME FOR FILING OF APPLICATIONS FOR AD VALOREM PROPERTY TAX EXEMPTION REQUIRED BY SECTION 12-3-145, CODE OF LAWS OF SOUTH CAROLINA, 1976, FOR THE 1986, 1987, AND 1988 TAXABLE YEARS IS EXTENDED UNTIL JULY 1, 1988.

H. 3686 -- Reps. Carnell, Townsend, Hearn, Lockemy, Baker, Blackwell, G. Brown, McAbee, Beasley, Pearce, Day, Holt, Foxworth, Sheheen, Elliott, Cooper, Felder, Snow, Waldrop, Altman, Moss, McKay, M.D. Burriss, T.M. Burriss, White, McGinnis, O. Phillips, H. Brown, M.O. Alexander, Stoddard, Rhoad, Mattos, Arthur, Barfield, Limehouse, D. Martin, Washington, Dangerfield and J.W. Johnson: A BILL TO AMEND SECTION 8-21-15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST ANY STATE AGENCY SETTING A FEE FOR PERFORMING ANY DUTY, RESPONSIBILITY, OR FUNCTION, UNLESS THE FEE IS AUTHORIZED BY STATUTORY' LAW, SO AS TO PROVIDE THAT THIS PROHIBITION ALSO APPLIES TO INCREASES IN EXISTING FEES.

H. 3686--ORDERED TO BE READ THIRD
TIME TOMORROW

On motion of Rep.. CARNELL, with unanimous consent, it was ordered that H. 3686 be read the third time tomorrow.

S. 640--DEBATE ADJOURNED

Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 2, Rep. GILBERT having the floor.

S. 640 - Senator Garrison: A BILL TO AMEND SECTION 59-30-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUTIES OF THE STATE BOARD OF EDUCATION CONCERNING THE BASIC SKILLS ASSESSMENT PROGRAM, SO AS TO PROVIDE FOR THE SCHEDULE FOR TAKING THE EXIT EXAMINATION AND TO PROVIDE FOR A SPECIAL DIPLOMA FOR HANDICAPPED STUDENTS.

Debate was resumed on Amendment No. 2, which was proposed on Tuesday, April 5, by Rep. AYDLETTE.

Rep. GILBERT continued speaking and moved to adjourn debate upon the Bill until Thursday, April 7, which was adopted.

H. 3983--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

H. 3983 -- Education and Public Works Committee: BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 104 TO TITLE 59 SO AS TO PROVIDE INITIATIVES FOR RESEARCH AND ACADEMIC EXCELLENCE BY DETAILING THE GOALS OF THE COMMISSION ON HIGHER EDUCATION RELATING TO EXCELLENCE FOR STUDENTS, INSTRUCTION AND EDUCATIONAL SERVICES, RESEARCH FOR ECONOMIC DEVELOPMENT, AND IMPROVING ACCOUNTABILITY THROUGH PLANNING AND ASSESSMENT AND BY ADDING SECTION 59-112-65 SO AS TO PROVIDE FOR THE PAYMENT BY OUT-OF-STATE UNDERGRADUATE STUDENTS AT STATE SUPPORTED COLLEGES AND UNIVERSITIES OF THE EDUCATIONAL AND GENERAL OPERATIONS OF THE INSTITUTION IN WHICH THEY ARE ENROLLED; TO AMEND SECTION 59-103-10, RELATING TO THE MEMBERSHIP OF THE COMMISSION, SO AS TO PROVIDE FOR THE APPOINTMENT OF THE MEMBERS FROM EACH CONGRESSIONAL DISTRICT TO BE BASED UPON THE RECOMMENDATION OF THE MAJORITY OF THE LEGISLATIVE DELEGATION MEMBERS FROM THE DISTRICT, PROVIDE THAT SIX MEMBERS MUST BE APPOINTED FROM THE STATE AT LARGE WITH THE ADVICE AND CONSENT OF THE SENATE, PROVIDE FOR THE DETERMINATION OF WHEN A MEMBER HAS SERVED THE MAXIMUM NUMBER OF TERMS, REQUIRE MEMBERS RECOMMENDED BY THE GENERAL ASSEMBLY TO BE RESIDENTS OF THE APPROPRIATE CONGRESSIONAL DISTRICT, AND DELETE PROVISIONS RELATING TO REPRESENTATION ON THE COMMISSION AND NOTIFICATION OF MEETINGS; SECTION 59-103-35, RELATING TO SUBMISSION OF BUDGETS TO THE COMMISSION BY PUBLIC INSTITUTIONS OF HIGHER LEARNING, SO AS TO REQUIRE THE BUDGETS TO INCLUDE FUNDS DERIVED FROM APPROVED PRIVATE PRACTICE PLANS, PROVIDE FOR PROGRAMS AT A TECHNICAL AND COMPREHENSIVE EDUCATION INSTITUTION NOT TO BE TERMINATED PURSUANT TO THE COMMISSION'S RECOMMENDATION WHICH IS THE SUBJECT OF AN APPEAL, AND DELETE THE PROVISIONS DETAILING TIME LIMITS ON FEDERAL GRANT REVIEW AND BUDGET REVIEW FORMAT REQUIREMENTS AND THE PROVISIONS REQUIRING GENERAL ASSEMBLY APPROVAL OF A NEW PROGRAM, LIMITING THE APPLICATION OF THE CHAPTER, AND LIMITING THE TERMINATION OF EXISTING PROGRAMS; AND SECTION 59-113-10, RELATING TO THE HIGHER EDUCATION TUITION GRANT COMMITTEE, SO AS TO CHANGE THE REFERENCE TO COMMITTEE TO COMMISSION, PROVIDE FOR THE CHIEF EXECUTIVE OFFICER OF THE COMMISSION ON HIGHER EDUCATION OR HIS DESIGNEE TO SERVE ON THIS COMMISSION, PROVIDE FOR THIS COMMISSION TO BE RESPONSIBLE SOLELY TO THE GENERAL ASSEMBLY AND REPORT AT LEAST ANNUALLY TO THAT BODY, AND DELETE THE PROVISIONS FOR THE INITIAL COMMITTEE MEMBERS; TO REPEAL SECTION 59-112-70, RELATING TO ABATEMENT OF RATES FOR NONRESIDENTS ON SCHOLARSHIP; TO PROVIDE FOR THE CONTINUED SERVICE OF THE PRESENT COMMISSION MEMBERS; AND TO DIRECT THE CODE COMMISSIONER TO CHANGE THE REFERENCES TO THE HIGHER EDUCATION TUITION GRANT COMMITTEE IN THE CODE TO THE HIGHER EDUCATION TUITION GRANT COMMISSION.

AMENDMENT NO. 1--TABLED

Debate was resumed on Amendment No. 1, which was proposed on Wednesday, March 23, by Rep. RUDNICK.

Rep. RUDNICK explained the amendment.

Rep. BEASLEY spoke against the amendment and moved to table the amendment, which was agreed to by a division vote of 85 to 1.

AMENDMENT NO. 2--ADOPTED

Debate was resumed on Amendment No. 2, which was proposed on Wednesday, March 23, by Rep. BEASLEY.

Rep. BEASLEY explained the amendment.

The amendment was then adopted.

Rep. BEASLEY proposed the following Amendment No. 3 (Doc. No. 2884J), which was adopted.

Amend the bill, as and if amended, Section 59-104-230, as contained in SECTION 1, page 3983-7, after line 45, by inserting:

/The State Treasurer shall establish a separate fund consisting of any funds appropriated for the endowed professorships plus accrued interest. Any amount remaining in the established fund at the end of any fiscal year must be carried forward to the next fiscal year to be used for endowed professorships. Funds in the specified amounts to support each endowment may be transferred by the Treasurer to each eligible institution only upon a request from the commission./

Amend further, Section 59-104-240, as contained in SECTION 1, page 3983-8, after line 20, by inserting:

/(C) The State Treasurer shall establish a separate fund consisting of any funds appropriated for the salary enhancements plus accrued interest. Any amount remaining in the established fund at the end of any fiscal year must be carried forward to the next fiscal year to be used for salary enhancements. Funds in the specified amounts to support each salary enhancement may be transferred by the Treasurer to each eligible institution only upon a request from the commission./

Renumber sections to conform.

Amend title to conform.

Rep. BEASLEY explained the amendment.

The amendment was then adopted.

The Bill, as amended, was read the second time and ordered to third reading.

H. 3983--ORDERED TO BE READ THIRD
TIME TOMORROW

On motion of Rep. BEASLEY, with unanimous consent, it was ordered that H. 3983 be read the third time tomorrow.

S. 235--DEBATE ADJOURNED

Rep. McLELLAN moved to adjourn debate upon the following Bill until Thursday, April 7, which was adopted.

S. 235 -- Senators Mitchell, Giese, Lourie, Patterson, Fielding and Matthews: A BILL TO AMEND TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 85 SO AS TO ESTABLISH THE SOUTH CAROLINA INTERAGENCY COUNCIL ON HUNGER AND NUTRITION AND TO PRESCRIBE ITS POWERS AND DUTIES.

S. 505--DEBATE ADJOURNED

Rep. KLAPMAN moved to adjourn debate upon the following Bill until Tuesday, April 12, which was adopted.

S. 505 -- Senators Lee, Peeler and Thomas: A BILL TO AMEND SECTION 12-51-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COLLECTION OF DELINQUENT PROPERTY TAXES, SO AS TO REQUIRE THE NOTICE OF DELINQUENT TAXES TO BE MAILED TO ANY SUBSEQUENT GRANTEE OF THE PROPERTY OWNER.

H. 3460--DEBATE ADJOURNED

Rep. McLELLAN moved to adjourn debate upon the following Bill until Thursday, April 7, which was adopted.

H. 3460 -- Rep. Petty: A BILL TO AMEND SECTION 40-6-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FEES FOR AUCTIONEERS' LICENSES, SO AS TO INCREASE THE FEE FOR AN APPRENTICE AUCTIONEER LICENSE FROM FIFTY DOLLARS TO ONE HUNDRED DOLLARS.

H. 3493--DEBATE ADJOURNED

Rep. DAVENPORT moved to adjourn debate upon the following Bill until Thursday, April 7, which was adopted.

H. 3493 -- Reps. Edwards, Felder and Winstead: A BILL TO AMEND SECTION 59-53-51, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATIONAL AND FINANCIAL ACCOUNTABILITY FOR THE OPERATION OF TECHNICAL EDUCATION INSTITUTIONS, SO AS TO PROVIDE THAT LOCALLY APPROPRIATED COUNTY FUNDS ALSO ARE CONSIDERED LOCAL FUNDS OF THE INSTITUTION AND TO PROVIDE THAT LOCAL FUNDS OF AN INSTITUTION MUST BE RETAINED AND EXPENDED LOCALLY UNDER GUIDELINES OF THE STATE BOARD FOR TECHNICAL AND COMPREHENSIVE EDUCATION, AND TO AMEND SECTION 59-53-53, RELATING TO BORROWING BY AREA COMMISSIONS, SO AS TO PROVIDE THAT AN AREA COMMISSION MAY ISSUE COVENANTS, ENTER INTO MORTGAGES, AND GRANT LIENS LIMITING THE SALE OR USE OF CERTAIN PARCELS OF REAL OR PERSONAL PROPERTY IN ITS POSSESSION WHEN REQUIRED AS A CONDITION OF ACCEPTING A GRANT, LOAN, OR DONATION FOR SPECIFIED CAPITAL IMPROVEMENT PROJECTS.

H. 3667--OBJECTION AND DEBATE ADJOURNED

The following Bill was taken up.

H. 3667 -- Reps. Kirsh, McTeer, Elliott and McLellan: A BILL TO AMEND SECTION 12-43-220, RELATING TO CLASSIFICATION OF PROPERTY FOR PURPOSES OF PROPERTY TAXATION AND THE APPLICABLE ASSESSMENT RATIOS, SO AS TO PROVIDE A FORMULA FOR DETERMINING FAIR MARKET VALUE FOR AGRICULTURAL PURPOSES FOR AGRICULTURAL REAL PROPERTY FOR TAX YEARS BEGINNING AFTER 1987 AND TO REQUIRE THE SOUTH CAROLINA TAX COMMISSION TO PROMULGATE REGULATIONS ESTABLISHING A CLASSIFICATION FOR TIMBER WETLANDS FOR PURPOSES OF PROPERTY TAXATION.

Rep. KIRSH explained the Bill.

Rep. E.B. McLEOD objected to the Bill.

Rep. KIRSH continued speaking and moved to adjourn debate upon the Bill until Thursday, April 7, which was adopted.

H. 3701--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

H. 3701 -- Reps. Winstead and Edwards: A BILL TO AMEND TITLE 41, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 44 SO AS TO AUTHORIZE THE ESTABLISHMENT OF THE PALMETTO SEED CAPITAL CORPORATION AND THE PALMETTO SEED CAPITAL FUND LIMITED PARTNERSHIP WHICH SHALL PROVIDE EQUITY FINANCING TO NEW BUSINESSES OPERATING IN SOUTH CAROLINA OR WHICH PROPOSE TO OPERATE IN SOUTH CAROLINA, THE PALMETTO SEED CAPITAL CORPORATION AND THE PALMETTO SEED CAPITAL FUND LIMITED PARTNERSHIP BEING PRIVATE, FOR-PROFIT ENTITIES CAPITALIZED BY INVESTORS FROM THE PRIVATE SECTOR WHICH WILL INVEST PREDOMINANTLY IN START-UP BUSINESSES.

The Ways and Means Committee proposed the following Amendment No. 1 (Doc. No. 2705J), which was adopted.

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

/SECTION 1. The purpose of this act is to establish the Palmetto Seed Capital Corporation and Palmetto Seed Capital Fund Limited Partnership whose purposes will include but are not limited to increasing the rate of capital formation; stimulating new growth-oriented business formations; creating new jobs for South Carolina; developing new technology; enhancing tax revenue for the State; and supplementing conventional business financing.

SECTION 2. Title 41 of the 1976 Code is amended by adding:

"CHAPTER 44
Palmetto Seed Capital Corporation
and Palmetto Seed Capital Fund
Limited Partnership

Section 41-44-10. (A) The 'Fund' means the Palmetto Seed Capital Fund Limited Partnership, a limited partnership, established and operated as described in Section 41-44-60.

(B) The 'Corporation' means the Palmetto Seed Capital Corporation, the general partners of the Fund.

(C) 'Qualified investment' means qualified stock or a qualified interest which stock or interest is purchased solely for cash.

(D) 'Qualified stock' means a share or shares of stock in the Corporation if the stock, when purchased by the taxpayer, is authorized but unissued.

(E) 'Qualified interest' means, in the case of the Corporation, a general partnership interest in the Fund, and in the case of all other persons, a limited partnership interest in the Fund.

(F) 'State tax liability' means a taxpayer's total income tax liability that is incurred under Title 12 as computed after the application of credits, except the credits provided by this chapter.

(G) 'Taxpayer' means any individual, corporation, partnership, trust, or other entity that has any state tax liability and has made a qualified investment.

(H) 'Seed capital' means investments in either the common stock, preferred stock, or bonds convertible to either common or preferred stock, or options, warrants, or rights to receive any of the foregoing or any other similar investment in a South Carolina business.

(I) 'South Carolina business' means a corporation, general partnership, limited partnership, joint venture, trust, proprietorship or any other similar entity or organization which is either established and operating or will be established to operate in South Carolina.

(J) 'Pre-start-up business' means a South Carolina business which is in the process of developing a product or service and prior to such time as the product or service is offered for sale in the ordinary course of business.

(K) 'Start-up business' means a South Carolina business which is in the first thirty-six months of providing goods or services in the ordinary course of business.

(L) 'Less Developed Area' has the same meaning as' set forth in the Section 12-7-616(a).

Section 41-44-20. A taxpayer is entitled to a credit determined in accordance with Section 41-44-30 which must be applied against any state tax liability which may be imposed on the taxpayer.

Section 41-44-30. Subject to Section 41-44-50, the amount of the credit that a taxpayer may receive under this chapter for a particular taxable year is equal to the lesser of:

(1) the taxpayer's state tax liability for that taxable year;

(2) the amount determined in Step Three of the following steps:

Step One: Add the consideration paid for all qualified investments of the taxpayer during the taxable year of the taxpayer.

Step Two: Multiply the amount determined in Step One by three-tenths.

Step Three: Add the product determined in Step Two to the credit carryover, if any, to which the taxpayer is entitled for the taxable year under Section 41-44-40; or

(3) one-half of all the qualified investments of the taxpayer multiplied by three-tenths.

Section 41-44-40. If the amount of the credit determined under Section 41-44-30(2) exceeds the credit allowed under Section 41-44-30 for that taxable year, then the taxpayer may carry the excess over to the immediately succeeding taxable years. However, the credit carryover may not be used for any taxable year that begins on or after ten years from the date of the qualified investment. The amount of the credit carryover from a taxable year must be reduced to the extent that the carryover is used by the taxpayer to obtain a credit under this chapter for any subsequent taxable year.

Section 41-44-50. The total amount of credits allowed under this chapter may not exceed in the aggregate five million dollars for all taxpayers and all taxable years, excluding any allowable tax credits of the Corporation. The credit must be allowed to taxpayers in the order of the time of the purchase of the qualified investments.

Section 41-44-60. (A) The Corporation must be formed and operated, pursuant to the laws of this State. The articles of incorporation, bylaws, and any other agreement relating to the organization or operation of the Corporation must comply with the provisions set forth in this section.

(B) The Governor shall cause the Corporation to be formed, and he shall designate the incorporators. The initial board of directors must consist of three members, one of whom must be appointed by the Governor and two of whom must be appointed by the State Development Board. Members of the initial board of directors shall serve three year terms. The initial board of directors must be representative of the State as a whole. The articles of incorporation must provide that the name of the Corporation is the 'Palmetto Seed Capital Corporation' and the registered agent must be designated by the Governor. The Corporation's existence begins upon filing of the articles of incorporation. The Corporation's existence is perpetual, unless dissolved as provided herein. The Corporation is authorized to issue shares of a number, class, and par or no-par value, as provided in its articles of incorporation. The general nature of the business of the Corporation is to serve as general partner of the Palmetto Seed Capital Fund Limited Partnership, to provide seed capital to South Carolina businesses and to undertake any acts appropriate or necessary to carry out the foregoing. The bylaws, the organizational minutes, the election of officers, the issuance of any stock of the Corporation and any other actions appropriate or necessary for the organization and operation of the Corporation must be of that form and content as determined by the board of directors. Nothing contained in the chapter may prohibit the shareholders or board of directors of the Corporation from altering, amending, or otherwise modifying the articles of incorporation, bylaws, or any other agreement governing the Corporation as otherwise permitted pursuant to the laws of this State, except that, the general nature of the business of the Corporation may not be amended, altered, or otherwise modified or restricted, and, except that the Corporation may be dissolved, merged, or otherwise cease to exist pursuant to the appropriate vote of the board of directors and shareholders. The Governor may expend those discretionary funds as he has available and considers appropriate for the purpose of organizing the Corporation and promoting the sale of the qualified investments.

(C) The directors of the Corporation need not be shareholders in the Corporation, and there must be not less than three nor more than seven directors, with the initial three directors selecting any additional directors as provided by the bylaws. After the terms of initial directors expire, successors must be chosen in the manner provided by the bylaws of the Corporation. Members of the initial board are eligible to succeed themselves.

(D) The Corporation shall cause the Fund to be formed as a limited partnership established pursuant to Chapter 41 of Title 33. The partnership agreement relating to the organization and operation of the Fund must be of that form and content as determined by the board of directors of the Corporation. The Corporation must be the sole general partner of the Fund, and the initial limited partner must be a person or entity designated by the Corporation's board of directors. Additional limited partners may be admitted to the Fund in accordance with the terms of the partnership agreement.

(E) The Fund shall raise funds to be used to provide financing to South Carolina businesses. The Fund may provide financing by providing seed capital to any South Carolina business, this seed capital to be used primarily for the purpose of enhancing the production capacity of that business or its ability to do business in South Carolina. Seventy percent of the interests acquired by the Fund must be restricted to seed capital financing of either start-up businesses or pre-start-up businesses. The remaining thirty percent may be invested as the general partner of the Fund determines.

(F) No business may be transacted or indebtedness incurred except that as is incidental to the organization of the Corporation or the Fund or to obtaining subscriptions to or payment for either its qualified stock or qualified interests, until consideration for the five million dollars has been paid to the Corporation or to the Fund.

Section 41-44-70. (A) The Corporation, but not the shareholders thereof, is exempt from all State income taxes and also corporate license fees.

(B) To the extent that the Fund derives taxable income from a South Carolina business which is either established and operated in a Less Developed Area, invested in agriculture, aquaculture, or a related business or invested in a minority-owned business then each partner shall exclude fifty percent of his proportionate share of this income from the partner's determination of gross income.

Section 41-44-80. (A) If a qualified investment which is the basis for a credit under this chapter is redeemed by the Fund or the Corporation, within five years of the date it is purchased, the credit provided by this chapter for the qualified investment is disallowed, and any credit previously claimed and allowed with respect to the qualified investment so redeemed must be paid to the Tax Commission with the appropriate return of the taxpayer covering the period in which the redemption occurred. When payments are made to the Commission under this section, the amount collected must be handled in the same manner as if no credit had been allowed.

(B) However, neither a distribution by the Fund nor dividends or other distributions by the Corporation are considered to be redemption of a qualified investment unless either the amount of qualified stock owned by the taxpayer or the qualified interest held by the taxpayer, after the distribution or dividend is less than the amount of qualified stock or qualified interest held by the taxpayer immediately prior to the distribution or dividend.

Section 41-44-90. To receive the credit provided by this chapter, a taxpayer shall:

(1) claim the credit on the taxpayer's annual state tax return in the manner prescribed by the Tax Commission; and

(2) file with the Commission and with the taxpayer's annual state tax return a copy of the form issued by the Corporation as to the qualified investment by the taxpayer, which includes an undertaking by the taxpayer to report to the Commission any redemption of the qualified investment within the meaning of Section 41-44-80.

Section 41-44-100. The Corporation shall complete forms prescribed by the Tax Commission which must show as to each qualified investment in the Fund the following:

(1) the name, address, and identification number of the taxpayer who purchased a qualified investment; and

(2) the nature of the qualified investment purchased by the taxpayer and the amount paid for it.

These forms must be filed with the Commission on or before the fifteenth day of the third month following the month in which the qualified investment is purchased. Copies of the forms to be provided to the Commission must be mailed to the taxpayer on or before the fifteenth day of the second month following the month in which the qualified investment is purchased."

SECTION 3. This act takes effect upon approval by the Governor./

Renumber sections to conform.

Amend title to conform.

Rep. McABEE explained the amendment.

The amendment was then adopted.

Rep. KIRSH proposed the following Amendment No. 3 (Doc. No. 3088J), which was adopted.

Amend the report of the Committee on Ways and Means, as and if amended, in Section 41-44-60(C), page 3701-5, by adding on line 33:

/Directors shall receive no salary but may receive mileage, subsistence, and per diem provided by law for members of state boards, committees, and commissions. If a director is a full-time state employee, he may not receive per diem./

Amend title to conform.

Rep. KIRSH explained the amendment.

The amendment was then adopted.

The Bill, as amended, was read the second time and ordered to third reading.

H. 3701--ORDERED TO BE READ THIRD
TIME TOMORROW

On motion of Rep. McABEE, with unanimous consent, it was ordered that H. 3701 be read the third time tomorrow.

H. 3175--ORDERED TO THIRD READING

The following Bill was taken up.

H. 3175 -- Reps. Wilkins, Tucker, Wilder, J.W. Johnson, D. Martin, McEachin, Hayes, Hendricks, H. Brown, Nettles, J. Rogers, Clyborne, Haskins, McElveen, Waldrop and Rhoad: A BILL TO AMEND CHAPTER 11 OF TITLE 23, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SHERIFFS, BY ADDING SECTION 23-11-110 SO AS TO PROVIDE QUALIFICATIONS AND TRAINING REQUIREMENTS FOR SHERIFFS.

The question then recurred to the passage of the Bill on second reading.

Pursuant to Rule 7.7 the Yeas and Nays were taken resulting as follows:

Yeas 98; Nays 2

Those who voted in the affirmative are:

Alexander, M.O.        Alexander, T.C.        Altman
Bailey, G.             Bailey, K.             Baker
Barfield               Baxley                 Beasley
Blanding               Bradley, J.            Brown, G.
Brown, H.              Brown, J.              Brown, R.
Burch                  Burriss, M.D.          Carnell
Chamblee               Clyborne               Cole
Cooper                 Cork                   Dangerfield
Davenport              Day                    Derrick
Edwards                Elliott                Faber
Fair                   Ferguson               Foster
Foxworth               Gregory                Harris, J.
Harris, P.             Harvin                 Haskins
Hayes                  Hearn                  Hendricks
Hodges                 Holt                   Huff
Humphries              Johnson, J.C.          Johnson, J.W.
Jones                  Keyserling             Kirsh
Klapman                Kohn                   Koon
Lanford                Lewis                  Lockemy
Mappus                 Martin, D.             Martin, L.
Mattos                 McAbee                 McBride
McCain                 McEachin               McElveen
McGinnis               McKay                  McLellan
McLeod, E.B.           McTeer                 Moss
Neilson                Nesbitt                Pearce
Pettigrew              Petty                  Phillips, L.
Rice                   Rogers, J.             Rogers, T.
Rudnick                Sharpe                 Sheheen
Shelton                Simpson                Stoddard
Sturkie                Thrailkill             Townsend
Tucker                 Washington             Wells
Whipper                White                  Wilder
Wilkins                Winstead.

Total--98

Those who voted in the negative are:

Arthur                 Blackwell

Total--2

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

RECORD FOR VOTING

House Bill 3175 - I was out of the Chamber when the vote was taken. I want to vote in favor of this Bill.
Rep. DAVE C. WALDROP

STATEMENT BY REPS. T.M. BURRISS AND SIMPSON

Reps. T.M. BURRISS and SIMPSON made statements relative to the 100th Anniversary of Clemson University.

MOTION ADOPTED

Rep. T.M. BURRISS moved that when the House adjourns it adjourn in honor of Clemson University's 100th Anniversary, which was agreed to.

MESSAGE FROM THE SENATE

Columbia, S.C., April 6, 1988

Mr Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it requests the return of: S. 1367
S. 1367 -- Senators Moore, Shealy and Setzler: A BILL TO PROVIDE FOR THE NUMBER, DISTRICTS, AND LOCATION OF OFFICES OF MAGISTRATES IN AIKEN COUNTY AND TO REPEAL ACT 254 OF 1985 RELATING TO THE MAGISTRATES IN AIKEN COUNTY.

Very respectfully,
President

No. 2

S. 1367--RECALLED AND RETURNED TO THE SENATE

On motion of Rep. HUFF, with unanimous consent, the Bill was ordered recalled from the Aiken Delegation and returned to the Senate as requested.

MESSAGE FROM THE SENATE

Columbia, S.C., April 6, 1988

Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it requests the return of: S. 1241
S. 1241 -- Senator Waddell: A BILL TO AMEND TITLE 41, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 44 SO AS TO AUTHORIZE THE ESTABLISHMENT OF THE PALMETTO SEED CAPITAL CORPORATION AND THE PALMETTO SEED CAPITAL FUND LIMITED PARTNERSHIP WHICH SHALL PROVIDE EQUITY FINANCING TO NEW BUSINESSES OPERATING IN SOUTH CAROLINA OR WHICH PROPOSE TO OPERATE IN SOUTH CAROLINA, THE PALMETTO SEED CAPITAL CORPORATION AND THE PALMETTO SEED CAPITAL FUND LIMITED PARTNERSHIP BEING PRIVATE, FOR-PROFIT ENTITIES CAPITALIZED BY INVESTORS FROM THE PRIVATE SECTOR WHICH WILL INVEST PREDOMINANTLY IN START-UP BUSINESSES.
Very respectfully,
President

No. 3

S. 1241--HOUSE REFUSES TO RETURN BILL

On motion of Rep. McLELLAN the House refused to return the Bill.

S. 457--AMENDED AND INTERRUPTED DEBATE

The following Bill was taken up.

S. 457 -- Senators Giese, Thomas, Macaulay and McConnell: A BILL TO AMEND SECTION 59-65-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSTRUCTION OF STUDENTS AT HOME, SO AS TO PERMIT A PARENT OR GUARDIAN TO EDUCATE HIS CHILD OR WARD AT HOME AND TO ESTABLISH REQUIREMENTS FOR HOME INSTRUCTION.

Rep. WASHINGTON moved to table the Bill.

Rep. KIRSH demanded the yeas and nays, which were taken resulting as follows:

Yeas 7; Nays 82

Those who voted in the affirmative are:

Bailey, K.             Beasley                Brown, R.
Foster                 Lewis                  Rogers, J.
Washington

Total--7

Those who voted in the negative are:

Alexander, M.O.        Alexander, T.C.        Arthur
Baker                  Barfield               Baxley
Blackwell              Bradley, J.            Brown, H.
Brown, J.              Burch                  Burriss, M.D.
Burriss, T.M.          Carnell                Chamblee
Clyborne               Cole                   Cooper
Cork                   Dangerfield            Davenport
Day                    Derrick                Edwards
Elliott                Faber                  Fair
Ferguson               Foxworth               Gilbert
Gregory                Harris, J.             Harris, P.
Haskins                Hayes                  Hearn
Hendricks              Hodges                 Huff
Humphries              Johnson, J.C.          Johnson, J.W.
Jones                  Keyserling             Kirsh
Klapman                Kohn                   Koon
Lanford                Lockemy                Mappus
Martin, L.             Mattos                 McAbee
McBride                McCain                 McEachin
McElveen               McGinnis               McKay
McLellan               McLeod, E.B.           Moss
Neilson                Nesbitt                Pearce
Pettigrew              Petty                  Phillips, L.
Rice                   Rudnick                Sharpe
Sheheen                Simpson                Stoddard
Sturkie                Thrailkill             Townsend
Tucker                 Wells                  Wilder
Wilkins

Total--82

So, the House refused to table the Bill.

RECORD FOR VOTING

By mistake I cast my vote and Mr. Beasley's vote Aye on a motion to table. When I realized my mistake the poll was closed.
Rep. JOHN I. ROGERS

The Education and Public Works Committee proposed the following Amendment No. 1 (Doc. No. 5314Y), which was adopted.

Amend the bill, as and if amended, by striking subsections (C) and (D) and inserting:

/(C) Within the first fifteen instructional days of the public school year, students participating in home instruction and eligible for enrollment in the first grade of the public schools must be tested to determine their readiness for the first grade using the readiness instrument approved by the State Board of Education for public school students. If a student is determined to be 'not ready' or is determined to lack the necessary emotional maturity, the parent must be advised by appropriate school district personnel whether a kindergarten or a first grade curriculum should be used for the child. Nothing in this section may be interpreted to conflict with a parent's right to exempt his child from kindergarten as provided in Section 59-65-10(A).

(D) Should a student in a home schooling program score below the test requirements of the promotion standard prescribed for public school students by the State Board of Education for one year, the district board of trustees shall decide whether or not the student shall receive appropriate instructional placement in the public school, special services as a handicapped student, or home schooling with an instructional support system at parental expense. The right of a parent to enroll his child in a private or parochial school as provided in Section 59-65-10(A) is unaffected by this provision./

Amend title to conform.

Rep. TOWNSEND explained the amendment.

The amendment was then adopted.

Rep. HAWKINS proposed the following Amendment No. 2 (Doc. No. 5658Y), which was ruled out of order.

Amend the bill, as and if amended, Section 59-65-40, by inserting immediately after /approved/ on line 34 on page 1: /prior to the beginning of the school year/.

Amend further, Section 59-65-40, by adding at the end of subsection (8) as contained on page 3: /Parents must agree in writing to hold the district, its board members, and employees harmless from any claim arising out of any educational deficiencies of the student sustained on account of home instruction./

Amend title to conform.

POINT OF ORDER

Rep. TOWNSEND raised the Point of Order that Amendment No. 2 was out of order as the sole sponsor of the amendment was no longer a member of the House.

Rep. McTEER argued that, as the amendment had been previously placed on the desk, it was now the property of the House and was in order.

The SPEAKER stated unless the previous question was invoked, the amendment is the property of the sponsor and could be withdrawn prior to any action being taken by the House upon it, and he sustained the Point of Order and ruled the amendment out of order.

Reps. E.B. McLEOD and BLANDING proposed the following Amendment No. 4, which was tabled.

Amend as and if amended, page 3 line 1 strike "may" and insert "must".

Rep. E.B. McLEOD explained the amendment.

Reps. HASKINS and J. ROGERS spoke against the amendment.

Rep. J. ROGERS moved to table the amendment, which was agreed to by a division vote of 71 to 15.

Rep. McTEER proposed the following Amendment No. 5 (Doc. No. 2969J), which was tabled.

Amend the bill, as and if amended, in Section 59-65-40, as contained in SECTION 1, beginning on page 1, by striking lines 40 through 42 and inserting:

/(1) the parent holds a bachelor's degree or with the permission of the district board of trustees the parent holds at least a high school diploma or the equivalent general educational development (GED) certificate;/

Amend title to conform.

Rep. McTEER explained the amendment.

Reps. HASKINS and STURKIE spoke against the amendment.

Reps. FERGUSON and WASHINGTON spoke in favor of the amendment.

LEAVE OF ABSENCE

The SPEAKER granted Rep. T. ROGERS a temporary leave of absence.

Rep. McEACHIN spoke against the amendment.

Rep. HASKINS moved to table the amendment.

Rep. DAVENPORT demanded the yeas and nays, which were taken resulting as follows:

Yeas 65; Nays 34

Those who voted in the affirmative are:

Arthur                 Aydlette               Bailey, G.
Baker                  Barfield               Baxley
Beasley                Blackwell              Bradley, J.
Brown, H.              Burriss, M.D.          Burriss, T.M.
Carnell                Chamblee               Clyborne
Cole                   Cooper                 Cork
Corning                Davenport              Day
Derrick                Edwards                Elliott
Fair                   Felder                 Foxworth
Gilbert                Haskins                Hayes
Hearn                  Holt                   Huff
Humphries              Johnson, J.C.          Jones
Kirsh                  Klapman                Koon
Lanford                Lockemy                Mappus
Mattos                 McAbee                 McCain
McEachin               McElveen               McKay
Moss                   Nettles                Pettigrew
Petty                  Phillips, L.           Rogers, J.
Rudnick                Sharpe                 Shelton
Simpson                Stoddard               Sturkie
Thrailkill             Townsend               Tucker
Wells                  Winstead

Total--65

Those who voted in the negative are:

Alexander, M.O.        Alexander, T.C.        Bailey, K.
Brown, J.              Burch                  Dangerfield
Faber                  Ferguson               Foster
Gentry                 Gregory                Harris, J.
Hendricks              Hodges                 Johnson, J.W.
Kay                    Keyserling             Lewis
Martin, D.             Martin, L.             McBride
McGinnis               McLellan               McLeod, E.B.
McTeer                 Neilson                Nesbitt
Rice                   Sheheen                Waldrop
Washington             Whipper                Wilder
Williams

Total--34

So, the amendment was tabled.

Rep. TOWNSEND moved immediate cloture on the entire matter.

Rep. McLELLAN demanded the yeas and nays, which were taken resulting as follows:

Yeas 54; Nays 49

Those who voted in the affirmative are:

Alexander, M.O.        Altman                 Arthur
Bailey, G.             Baker                  Barfield
Beasley                Blackwell              Brown, H.
Burch                  Burriss, M.D.          Carnell
Chamblee               Clyborne               Cole
Day                    Derrick                Edwards
Elliott                Gilbert                Gregory
Harris, J.             Harris, P.             Haskins
Hayes                  Hearn                  Hendricks
Huff                   Humphries              Kay
Kirsh                  Klapman                Koon
Lanford                Mattos                 McEachin
McGinnis               McKay                  Nesbitt
Nettles                Petty                  Phillips, L.
Rice                   Rogers, J.             Sharpe
Sheheen                Shelton                Simpson
Stoddard               Sturkie                Thrailkill
Townsend               Tucker                 Wells

Total--54

Those who voted in the negative are:

Alexander, T.C.        Aydlette               Bailey, K.
Baxley                 Blanding               Bradley, J.
Brown, G.              Brown, J.              Brown, R.
Cooper                 Cork                   Corning
Dangerfield            Davenport              Faber
Fair                   Ferguson               Foster
Foxworth               Gentry                 Hodges
Holt                   Johnson, J.C.          Johnson, J.W.
Jones                  Keyserling             Lewis
Lockemy                Mappus                 Martin, D.
Martin, L.             McAbee                 McBride
McCain                 McElveen               McLellan
McLeod, E.B.           McTeer                 Moss
Neilson                Pearce                 Pettigrew
Rudnick                Waldrop                Washington
Whipper                Wilder                 Williams
Winstead

Total--49

So, immediate cloture was invoked.

Rep. McTEER proposed the following Amendment No. 6 (Doc. No. 2974J), which was tabled.

Amend the bill, as and if.amended, in Section 59-65-40, as contained in SECTION 1, beginning on page 1, by striking lines 40 through 42 and inserting:

/(1) for grades eight and above the parent holds a bachelor's degree and for other grades the parent holds at least a high school diploma or the equivalent general education development (GED) certificate;/

Amend title to conform.

Rep. McTEER explained the amendment.

POINT OF ORDER

Rep. HASKINS raised the Point of Order that Amendment No. 6 was out of order as it was identical to Amendment No. 5.

The SPEAKER overruled the Point of Order.

Reps. STURKIE and HASKINS spoke against the amendment.

Rep. HASKINS moved to table the amendment.

Rep. HUMPHRIES demanded the yeas and nays, which were taken resulting as follows:

Yeas 64; Nays 40

Those who voted in the affirmative are:

Alexander, M.O.        Altman                 Arthur
Aydlette               Baker                  Barfield
Baxley                 Beasley                Bradley, J.
Brown, H.              Burriss, M.D.          Burriss, T.M.
Chamblee               Clyborne               Cole
Cork                   Corning                Davenport
Day                    Derrick                Edwards
Elliott                Fair                   Foxworth
Gentry                 Gilbert                Gregory
Harris, P.             Haskins                Hayes
Hearn                  Huff                   Humphries
Johnson, J.C.          Jones                  Kirsh
Klapman                Koon                   Lanford
Lockemy                Mappus                 Mattos
McAbee                 McCain                 McEachin
Moss                   Pettigrew              Petty
Phillips, L.           Rice                   Rogers, J.
Rudnick                Sharpe                 Shelton
Simpson                Snow                   Stoddard
Sturkie                Thrailkill             Townsend
Tucker                 Wells                  Wilkins
Winstead

Total--64

Those who voted in the negative are:

Bailey, K.             Blackwell              Blanding
Brown, G.              Brown, J.              Brown, R.
Burch                  Carnell                Cooper
Dangerfield            Faber                  Ferguson
Foster                 Harris, J.             Hendricks
Hodges                 Holt                   Johnson, J.W.
Kay                    Keyserling             Lewis
Martin, D.             Martin, L.             McBride
McGinnis               McKay                  McLellan
McLeod, E.B.           McTeer                 Neilson
Nesbitt                Pearce                 Rogers, T.
Sheheen                Short                  Waldrop
Washington             Whipper                White
Wilder

Total--40

So, the amendment was tabled.

Further proceedings were interrupted by a Conference Report, the pending question being consideration of amendments, immediate cloture having been ordered.

S. 546--CONFERENCE REPORT ADOPTED

The following was received.

CONFERENCE REPORT

The General Assembly, Columbia, S.C., March 23, 1988

The Committee of Conference, to whom was referred:
S. 546 -- Senators Nell W. Smith, Garrison, Leatherman, Matthews, Waddell, Hayes and Giese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 32 TO TITLE 59 SO AS TO PROVIDE FOR THE ESTABLISHMENT OF A COMPREHENSIVE HEALTH EDUCATION PROGRAM IN ELEMENTARY AND SECONDARY SCHOOLS THROUGH APPROPRIATE PROGRAM DEVELOPMENT, ADEQUATE TEACHER TRAINING, REQUIRED HOURS OF HEALTH INSTRUCTION, AND AN EXEMPTION FOR STUDENT PARTICIPATION.
Beg leave to report that they have duly and carefully considered the same and recommend:

That the bill do pass amended as follows: Amend the bill, as and if amended, by striking all after the enacting words and inserting:

/SECTION 1. This may be cited as the "Comprehensive Health Education Act".

SECTION 2. The purpose of this act is to foster the development and dissemination of educational activities and materials which will assist South Carolina students, teachers, administrators, and parents in the perception, appreciation, and understanding of health principles and problems and responsible sexual behavior.

SECTION 3. Title 59 of the 1976 Code is amended by adding:

"CHAPTER 32
Comprehensive Health Education Program
Section 59-32-10. as used in this chapter:

(1) 'Comprehensive health education means health education in a school setting that is planned and carried out with the purpose of maintaining, reinforcing, or enhancing the health, health-related skills, and health attitudes and practices of children and youth that are conducive to their good health and that promote wellness, health maintenance, and disease prevention. It includes age-appropriate, sequential instruction in health either as part of existing courses or as a special course.

(2) 'Reproductive health education' means instruction in human physiology, conception, prenatal care and development, childbirth, and postnatal care, but does not include instruction concerning sexual practices outside marriage or practices unrelated to reproduction except within the context of the risk of disease. Abstinence and the risks associated with sexual activity outside of marriage must be strongly emphasized.

(3) 'Family life education' means instruction intended to: (a) develop an understanding of the physical, mental, emotional, social, economic, and psychological aspects of close personal relationships and an understanding of the physiological, psychological, and cultural foundations of human development;

(b) provide instruction that will support the development of responsible personal values and behavior and aid in establishing a strong family life for themselves in the future and emphasize the responsibilities of marriage.

(c) provide instruction as to the laws of this State relating to the sexual conduct of minors, including criminal sexual conduct.

(4) 'Pregnancy prevention education' means instruction intended to:

(a) stress the importance of abstaining from sexual activity until marriage;

(b) help students develop skills to enable them to resist peer pressure and abstain from sexual activity;

(c) explain methods of contraception, and the risks and benefits of each method. Abortion must not be included as a method of birth control. Instruction explaining the methods of contraception must not be included in any education program for grades kindergarten through fifth. Contraceptive information must be given in the context of future family planning.

(5) 'Local school board' means the governing board of public school districts as well as those of other state-supported institutions which provide educational services to students at the elementary and secondary school level. For purposes of this chapter, programs or services provided by the Department of Health and Environmental Control in educational settings must be approved by the local school board.

(6) 'Board' means the State Board of Education.

(7) 'Department' means the State Department of Education.

Section 59-32-20. Before August 1, 1988, the board, through the department, shall select or develop an instructional unit with separate components addressing the subjects of reproductive health education, family life education, pregnancy prevention education, and sexually transmitted diseases and make the instructional unit available to local school districts. The board, through the department, also shall make available information about other programs developed by other states upon request of a local school district.

Section 59-32-30. (A) Pursuant to guidelines developed by the board, each local school board shall implement the following program of instruction:

(1) Beginning with the 1988-89 school year, for grades kindergarten through five, instruction in comprehensive health education must include the following subjects: community health, consumer health, environmental health, growth and development, nutritional health, personal health, prevention and control of diseases and disorders, safety and accident prevention, substance use and abuse, dental health, and mental and emotional health. Sexually transmitted diseases as defined in the annual Department of Health and Environmental Control List of Reportable Diseases are to be excluded from instruction on the prevention and control of diseases and disorders. At the discretion of the local board, age-appropriate instruction in reproductive health may be included.

(2) Beginning with the 1988-89 school year, for grades six through eight, instruction in comprehensive health must include the following subjects: community health, consumer health, environmental health, growth and development, nutritional health, personal health, prevention and control of diseases and disorders, safety and accident prevention, substance use and abuse, dental health, mental and emotional health, and reproductive health education. Sexually transmitted diseases are to be included as a part of instruction. At the discretion of the local board, instruction in family life education or pregnancy prevention education or both may be included, but instruction in these subjects may not include an explanation of the methods of contraception before the sixth grade.

(3) Beginning with the 1989-90 school year, at least one time during the four years of grades nine through twelve, each student shall receive instruction in comprehensive health education, including at least seven hundred fifty minutes of reproductive health education and pregnancy prevention education.

(4) The South Carolina Educational Television Commission shall work with the department in developing instructional programs and materials that may be available to the school districts. Films and other materials may be designed for the purpose of explaining bodily functions or the human reproductive process. These materials may not contain actual or simulated portrayals of sexual activities or sexual intercourse.

(5) The program of instruction provided for in this section may not include a discussion of alternate sexual lifestyles from heterosexual relationships including, but not limited to, homosexual relationships except in the context of instruction concerning sexually transmitted diseases.

(6) In grades nine through twelve, students must also be given appropriate instruction that adoption is a positive alternative.

(B) Local school boards may use the instructional unit made available by the board pursuant to Section 59-32-20, or local boards may develop or select their own instructional materials addressing the subjects of reproductive health education, family life education, and pregnancy prevention education. To assist in the selection of components and curriculum materials, each local school board shall appoint a thirteen-member local advisory committee consisting of two parents, three clergy, two health professionals, two teachers, two students, one being the president of the student body of a high school, and two other persons not employed by the local school district.

(C) The time required for health instruction for students in kindergarten through eighth grade must not be reduced below the level required during the 1986-87 school year. Health instruction for students in grades nine through twelve may be given either as part of an existing course or as a special course.

(D) No contraceptive device or contraceptive medication may be distributed in or on the school grounds of any public elementary or secondary school. No school district may contract with any contraceptive provider for their distribution in or on the school grounds. Except as to that instruction provided by this chapter relating to complications which may develop from all types of abortions, school districts may not offer programs, instruction, or activities including abortion counseling, information about abortion services, or assist in obtaining abortion and materials containing this information must not be distributed in schools. Nothing in this section prevents school authorities from referring students to a physician for medical reasons after making reasonable efforts to notify the student's parents or legal guardians or the appropriate court, if applicable.

(E) Any course or instruction in sexually transmitted diseases must be taught within the reproductive health, family life, or pregnancy prevention education components, or it must be presented as a separate component.

(F) Instruction in pregnancy prevention education must be presented separately to male and female students.

Section 59-32-40. As part of their program for staff development, the department and local school boards shall provide appropriate staff development activities for educational personnel participating in the comprehensive health education program. Local school boards are encouraged to coordinate the activities with the department and institutions of higher learning.

Section 59-32-50. Pursuant to policies and guidelines adopted by the local school board, public school principals shall develop a method of notifying parents of students in the relevant grades of the content of the instructional materials concerning reproductive health, family life, pregnancy prevention, and of their option to exempt their child from this instruction, and sexually transmitted diseases if instruction in the diseases is presented as a separate component. Notice must be provided sufficiently in advance of a student's enrollment in courses using these instructional materials to allow parents and legal guardians the opportunity to preview the materials and exempt their children.

A public school principal, upon receipt of a statement signed by a student's parent or legal guardian stating that participation by the student in the health education program conflicts with the family's beliefs, shall exempt that student from any portion or all of the units on reproductive health, family life, and pregnancy prevention where any conflicts occur. No student must be penalized as a result of an exemption. School districts shall use procedures to ensure that students exempted from the program by their parents or guardians are not embarrassed by the exemption.

Section 59-32-60. The department shall assure district compliance with this chapter. Each local school board shall consider the programs addressed in this chapter in developing its annual district report.

Section 59-32-70. The provisions of this chapter do not apply to private schools.

Section 59-32-80. Any teacher violating the provisions of this chapter or who refuses to comply with the curriculum prescribed by the school board as provided by this chapter is subject to dismissal.

Section 59-32-90. Films, pictures, or diagrams in any comprehensive health education program in public schools must be designed solely for the purpose of explaining bodily functions or the human reproduction process and may not include actual or simulated portrayals of sexual activities or sexual intercourse."

SECTION 4. School districts which provide comprehensive health education programs on the effective date of this act may continue their existing programs while implementing the provisions of Chapter 32 of Title 59 of the Code of Laws of South Carolina, 1976.

SECTION 5. For school years 1988-89 and 1989-90, school district and state agency school employees required by the State Board of Education to hold State Board of Education certification shall receive first priority for reimbursement of tuition from the funds allocated for the program established by Section 59-21-150 of the 1976 Code for completion of a three-hour course determined by the board to be a course in comprehensive health education.

SECTION 6. This act takes effect upon approval by the Governor./

Amend title to conform.

/s/Nell W. Smith                  /s/Harriet H. Keyserling
/s/Warren K. Giese                /s/Ronald P. Townsend
/s/John C. Hayes                  /s/Michael L. Fair
  On Part of the Senate.            On Part of the House.

Rep. TOWNSEND explained the Conference Report.

The report was adopted and a message was ordered sent to the Senate accordingly.

S. 457--AMENDED AND ORDERED TO THIRD READING

Debate was resumed on the following Bill, the. pending question being the consideration of amendments, immediate cloture having been ordered.

S. 457 -- Senators Giese, Thomas, Macaulay and McConnell: A BILL TO AMEND SECTION 59-65-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSTRUCTION OF STUDENTS AT HOME, SO AS TO PERMIT A PARENT OR GUARDIAN TO EDUCATE HIS CHILD OR WARD AT HOME AND TO ESTABLISH REQUIREMENTS FOR HOME INSTRUCTION.

Reps. SHELTON and HARVIN proposed the following Amendment No. 7 (Doc. No. 2983J), which was tabled.

Amend the bill, as and if amended, by striking lines 40 through 42 on page 0457-3 and inserting:

/(1) the Parent holds a bachelor's degree or its equivalent or has successfully passed the Education Entrance Examination and the National Teacher's Examination in that order;/

Amend title to conform.

Rep. SHELTON explained the amendment.

Rep. CORNING moved to table the amendment.

Rep. SHELTON demanded the yeas and nays, which were not ordered.

The amendment was then tabled by a division vote of 63 to 27.

Rep. TOWNSEND proposed the following Amendment No. 8 (Doc. No. 2928J), which was adopted.

Amend the bill, as and if amended, page 1, by striking lines 40, 41, and 42 and inserting:

/(1) the parent holds at least a high school diploma or the equivalent general educational development (GED) certificate and attains a passing score on the basic skills examination developed pursuant to Section 59-26-30(b)(1);/

Amend title to conform.

Rep. TOWNSEND explained the amendment.

Rep. STURKIE moved to table the amendment.

Rep. TOWNSEND demanded the yeas and nays, which were not ordered.

The House refused to table the amendment by a division vote of 37 to 63.

Reps. HASKINS and STURKIE spoke against the amendment.

The question then recurred to the adoption of the amendment.

Rep. PETTIGREW demanded the yeas and nays, which were taken resulting as follows:

Yeas 57; Nays 47

Those who voted in the affirmative are:

Altman                 Arthur                 Bailey, K.
Baxley                 Beasley                Blanding
Bradley, J.            Brown, G.              Brown, J.
Burch                  Carnell                Chamblee
Cooper                 Dangerfield            Day
Faber                  Ferguson               Foster
Gentry                 Gregory                Harris, J.
Harris, P.             Hendricks              Hodges
Huff                   Johnson, J.W.          Jones
Kay                    Keyserling             Lewis
Martin, D.             Mattos                 McBride
McElveen               McGinnis               McKay
McLeod, E.B.           McTeer                 Moss
Neilson                Nesbitt                Pearce
Phillips, L.           Rice                   Rogers, J.
Rudnick                Sheheen                Shelton
Short                  Snow                   Townsend
Waldrop                Washington             Whipper
White                  Wilder                 Williams

Total--57

Those who voted in the negative are:

Alexander, M.O.        Alexander, T.C.        Aydlette
Bailey, G.             Baker                  Barfield
Blackwell              Brown, H.              Burriss, M.D.
Clyborne               Cole                   Cork
Corning                Davenport              Derrick
Edwards                Elliott                Fair
Foxworth               Gilbert                Haskins
Hayes                  Hearn                  Humphries
Johnson, J.C.          Kirsh                  Klapman
Koon                   Lanford                Lockemy
Mappus                 Martin, L.             McAbee
McCain                 McEachin               McLellan
Nettles                Pettigrew              Petty
Sharpe                 Simpson                Stoddard
Sturkie                Thrailkill             Tucker
Wells                  Winstead

Total--47

So, the amendment was adopted.

Rep. TOWNSEND proposed the following Amendment No. 9 (Doc. No. 5494Y), which was tabled.

Amend the bill, as and if amended, Section 59-65-40, as contained in SECTION 1, by striking subsection (B) and inserting:

/(B) The district board of trustees shall provide for an application process which elicits the information necessary for processing the home schooling request, including a description of the program, the texts and materials to be used, the methods of program evaluation, and the place of instruction. Parents must be notified in advance of the date, place, and time of the meeting at which the application is considered by the board and parents may be heard at the meeting.

Application for approval of a program of home instruction must be made for each year for which approval is requested. The application must be made prior to the year for which approval is requested and before the district begins student instruction for that year. Applications for approval of a program of home instruction for a school year that are made after the district begins student instruction for that year shall not be considered or approved./

Renumber sections to conform.

Amend title to conform.

Rep. TOWNSEND explained the amendment.

Rep. HASKINS spoke against the amendment and moved to table the amendment, which was agreed to by a division vote of 64 to 33.

Rep. CARNELL moved that the House recede until 2:15, which was rejected.

Rep. TOWNSEND proposed the following Amendment No. 10 (Doc. No. 5670Y), which was adopted.

Amend the bill, as and if amended, Section 59-65-40 as contained in SECTION 1, page 2, by striking on line 26 /and/.

Amend the section further, page 2, line 37, by striking the period and inserting /; and/.

Amend the section further, page 2, by adding a new subitem (7) to item (A) of Section 59-65-40 on page 2 to read:

/(7) parents must agree in writing to hold the district, the district board of trustees and the district's employees harmless for any educational deficiencies of the student sustained as a result of home instruction./

Amend title to conform.

Rep. TOWNSEND explained the amendment.

The amendment was then adopted.

Rep. TOWNSEND proposed the following Amendment No. 11 (Doc. No. 2976J), which was adopted.

Amend the bill, as and if amended, by striking SECTION 2 and inserting:

/SECTION 2. Section 59-20-40(1)(c) of the 1976 Code is amended by adding at the end:

"School districts may count each student who is instructed at home under the provisions of Section 59-65-40 in the district's weighted pupil units at a weighting of .25, if the student would otherwise attend the schools of the district and if employees of the district spend at least eighteen hours during the school year supervising, overseeing, or reviewing the student's program of home instruction. No local match is required for students instructed at home under the provisions of Section 59-65-40."

SECTION 3. This act takes effect July 1, 1988./

Amend title to conform.

Rep. TOWNSEND explained the amendment.

The amendment was then adopted.

Rep. McGINNIS proposed the following Amendment No. 12 (Doc. No. 3098J), which was tabled.

Amend the bill, as and if amended, Section 59-65-40(A), as contained in SECTION 1, page 0457-3, line 37, by striking /shall/ and inserting /may/.

Amend title to conform.

Rep. McGINNIS explained the amendment.

Rep. HASKINS spoke against the amendment and moved to table the amendment, which was agreed to.

Reps. E.B. McLEOD and BLANDING proposed the following Amendment No. 13, which was tabled.

Amend as and if amended by adding Section 59-65-40 (A)(1) on page 1, and inserting:

(1) The parent holds at least a baccalaureate degree from an accredited institution of higher learning when teaching grades 8-12.

Amend title to conform.

POINT OF ORDER

Rep. HASKINS raised the Point of Order that Amendment No. 13 was out of order as it was identical to a previous amendment.

The SPEAKER overruled the Point of Order.

Rep. E.B. McLEOD explained the amendment.

Rep. HASKINS moved to table the amendment.

Rep. BLANDING demanded the yeas and nays, which were taken resulting as follows:

Yeas 65; Nays 37

Those who voted in the affirmative are:

Alexander, M.O.        Alexander, T.C.        Altman
Arthur                 Aydlette               Bailey, G.
Baker                  Barfield               Baxley
Beasley                Blackwell              Bradley, J.
Brown, H.              Burriss, M.D.          Chamblee
Clyborne               Cole                   Cooper
Cork                   Corning                Dangerfield
Davenport              Day                    Derrick
Edwards                Elliott                Fair
Foxworth               Gentry                 Gilbert
Haskins                Hayes                  Hearn
Hendricks              Huff                   Humphries
Johnson, J.W.          Kirsh                  Klapman
Koon                   Lanford                Lockemy
Martin, L.             Mattos                 McAbee
McCain                 McEachin               McLellan
Moss                   Nettles                Pettigrew
Petty                  Phillips, L.           Rogers, J.
Sharpe                 Shelton                Simpson
Stoddard               Sturkie                Thrailkill
Townsend               Tucker                 Wells
Wilkins                Winstead

Total--65

Those who voted in the negative are:

Bailey, K.             Blanding               Brown, G.
Brown, J.              Brown, R.              Burch
Carnell                Faber                  Ferguson
Foster                 Gregory                Harris, J.
Harris, P.             Hodges                 Johnson, J.C.
Jones                  Kay                    Keyserling
Lewis                  Mappus                 Martin, D.
McBride                McGinnis               McLeod, E.B.
McTeer                 Neilson                Nesbitt
Pearce                 Rudnick                Sheheen
Short                  Taylor                 Waldrop
Washington             Whipper                White
Wilder

Total--37

So, the amendment was tabled.

Rep. HUMPHRIES proposed the following Amendment No. 14 (Doc. No. 2450J), which was tabled.

Amend the bill, as and if amended, in Section 59-65-40(A)(1)of the 1976 Code, as contained in SECTION 1, page 1, by striking lines 40, 41, and 42 and inserting:

/(1) (a) the parent holds at least a high school diploma and presents other evidence of the ability to teach including, but not limited to, an Associate Arts Degree, previous teaching experience, student grades on a nationally recognized standardized test at or above the requirements of the promotion standard prescribed for public school students by the State Board of Education, the use of agreed-upon consultant services or a qualified tutor;

(b) in addition to the requirements provided in subitem (a) of this item, instructors in grades 9-12 must have a Bachelors Degree from a college or university recognized by the South Carolina Department of Education as a four-year college program;/

Amend title to conform.

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

Rep. McGINNIS proposed the following Amendment No. 15 (Doc. No. 3094J), which was adopted.

Amend the bill, as and if amended, page 2, by inserting before the semicolon on line 6 /and in grades seven through twelve, composition and literature/.

Amend title to conform.

Rep. McGINNIS explained the amendment.

The amendment was then adopted.

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:

Yeas 94; Nays 11

Those who voted in the affirmative are:

Alexander, M.O.        Alexander, T.C.        Altman
Arthur                 Aydlette               Bailey, G.
Baker                  Barfield               Baxley
Beasley                Blackwell              Bradley, J.
Brown, H.              Burch                  Burriss, M.D.
Burriss, T.M.          Carnell                Chamblee
Clyborne               Cole                   Cooper
Cork                   Corning                Dangerfield
Davenport              Day                    Derrick
Edwards                Elliott                Fair
Felder                 Foster                 Foxworth
Gentry                 Gilbert                Gregory
Harris, J.             Harris, P.             Harvin
Haskins                Hayes                  Hearn
Hendricks              Hodges                 Holt
Huff                   Humphries              Johnson,     J.C.
Johnson, J.W.          Jones                  Keyserling
Kirsh                  Klapman                Koon
Lanford                Lockemy                Mappus
Martin, L.             Mattos                 McAbee
McCain                 McEachin               McElveen
McGinnis               McKay                  McLellan
McLeod, E.B.           McTeer                 Moss
Neilson                Nesbitt                Nettles
Pearce                 Pettigrew              Petty
Phillips, L.           Rogers, J.             Rudnick
Sharpe                 Sheheen                Shelton
Short                  Simpson                Snow
Stoddard               Sturkie                Thrailkill
Townsend               Tucker                 Wells
Whipper                Wilder                 Wilkins
Winstead

Total--94

Those who voted in the negative are:

Bailey, K.             Blanding               Brown, G.
Brown, J.              Brown, R.              Faber
Lewis                  Martin, D.             McBride
Taylor                 Washington

Total--37

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

OBJECTION TO MOTION

Rep. HASKINS asked unanimous consent that S. 457 be read a third time tomorrow.

Rep. BLANDING objected.

HOUSE TO MEET AT 11:00 A.M. TOMORROW

Rep. McLELLAN moved that when the House adjourns it adjourn to meet at 11:00 A.M. tomorrow, which was agreed to.

Rep. WINSTEAD moved that the House recede until 2:30.

Rep. HOLT moved that the House do now adjourn, which was adopted by a division vote of 60 to 43.

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 3788 -- Reps. Stoddard, Foxworth, D. Martin and McAbee: A CONCURRENT RESOLUTION TO FIX 11:00 A.M. ON WEDNESDAY, APRIL 13, 1988, AS THE TIME FOR ELECTING MEMBERS OF THE BOARD OF VISITORS OF THE CITADEL AND MEMBERS OF THE BOARDS OF TRUSTEES OF CLEMSON UNIVERSITY, THE MEDICAL UNIVERSITY OF SOUTH CAROLINA, SOUTH CAROLINA STATE COLLEGE, THE UNIVERSITY OF SOUTH CAROLINA, WINTHROP COLLEGE, AND THE WIL LOU GRAY OPPORTUNITY SCHOOL TO SUCCEED THOSE MEMBERS WHOSE TERMS EXPIRE IN 1988.

H. 3874 -- Reps. Keyserling and T. Rogers: A CONCURRENT RESOLUTION TO RECOGNIZE THE EFFORTS OF THE MEMBERS OF THE ARTS IN BASIC CURRICULUM STEERING COMMITTEE FOR THEIR CONTRIBUTIONS TO THE DEVELOPMENT OF A PLAN FOR QUALITY ARTS EDUCATION IN SOUTH CAROLINA.

H. 4037 -- Rep. Shelton: A CONCURRENT RESOLUTION TO INVITE THE WINNERS OF THE 1988 SOUTH CAROLINA FOLK HERITAGE AWARD AND THE THE MEMBERS OF THE 1988 SOUTH CAROLINA FOLK HERITAGE AWARD ADVISORY COMMITTEE TO ATTEND A JOINT SESSION OF THE HOUSE OF REPRESENTATIVES AND THE SENATE IN THE HALL OF THE HOUSE IMMEDIATELY FOLLOWING THE CONCLUSION OF THE ELECTION OF SOUTH CAROLINA COLLEGE AND UNIVERSITY BOARDS OF TRUSTEES SET BY THE PROVISIONS OF H. 3788 OF 1988, AND TO RECOGNIZE AND COMMEND THEM FOR THEIR OUTSTANDING CONTRIBUTIONS TO FOLK ART IN SOUTH CAROLINA.

H. 4077 -- Reps. Koon, Sturkie, Derrick, Sharpe and Klapman: A CONCURRENT RESOLUTION TO DECLARE SATURDAY, MAY 14, 1988, AS ANSEL MURPHY DAY IN LEXINGTON COUNTY IN HONOR OF THIS FINE SOUTH CAROLINIAN.

H. 4106 -- Rep. Tucker: A CONCURRENT RESOLUTION TO RECOGNIZE MS. MARTHA SHEELY OF ANDERSON UPON HER RETIREMENT FROM THE ANDERSON INDEPENDENT MAIL AND TO WISH HER WELL IN HER FUTURE ENDEAVORS.

ADJOURNMENT

At 1:00 P.M. the House in accordance with the motion of Rep. T.M. BURRISS adjourned in honor of Clemson University's 100th Anniversary to meet at 11:00 A.M. tomorrow.

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