South Carolina General Assembly
117th Session, 2007-2008
Journal of the House of Representatives


Printed Page 2483 . . . . . Tuesday, April 15, 2008

Tuesday, April 15, 2008
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

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

Our thought for today is from Psalm 39:4: "Seize the day. Lord, let me know how fleeting life is."
Let us pray. Lord of life, help us to cherish today and every day by living it in service to others. Each of us have been called by You for service in this House, to do Your will and the will of the people. Guide us through these days with Your spirit in us. Bless our Nation, President, State, Governor, Speaker, this Honorable Assembly, and all who serve in these Halls of Government. Protect our defenders of freedom at home and abroad as they protect us. In the name of our Lord. Amen.

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

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

MOTION ADOPTED

Rep. TALLEY moved that when the House adjourns, it adjourn in memory of Jeannine Kelly Smoak of Laurens, sister of Representative Kelly, which was agreed to.

REPORT RECEIVED

The following was received:

Findings of Fact

Memorandum To:   Clerk of the House

Clerk of the Senate
Re:   Committee Hearings, April 1, 2008

The Committee to Screen Candidates for Boards of Trustees of State Colleges and Universities finds the following candidates for Boards of


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Trustees qualified. Background reports from the State Law Enforcement Division show no felony charges against any of the candidates.

The Citadel

At-large               Glenn D. Addison

Clemson University

At-large one seat

(term to expire 2010)     Pat Black, Jr.

John L. Cote, Jr.

Jack W. Erter, Jr. (withdrew Apr. 4)

Nicky McCarter

Neil C. Robinson, Jr.

Steven G. Strickland

Rodney Williams

Lander University

One Congressional District
1st District, Seat 2         Robert A. Brimmer

Winthrop University

One Congressional District

2nd District, Seat 2     Donna G. Tinsley

Respectfully submitted,
Rep. Olin Phillips, Chm.     Sen. Thomas Alexander
Rep. Lanny F. Littlejohn     Sen. Linda Short
Rep. Joan Brady             Sen. Jake Knotts
Rep. Floyd Breeland         Sen. Harvey S. Peeler, Jr.

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

Tuesday, April 1, 2008
10:15 a.m. - 10:52 p.m.

The meeting was conducted on April 1, 2008 at 433 Blatt Building, Columbia, South Carolina, before Lisa F. Huffman, Court Reporter and Notary Public in and for the State of South Carolina.


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APPEARANCES:

Representative Olin Phillips, Chairman
Senator Jake Knotts, Vice-Chairman
Representative Floyd Breeland
Representative Joan Brady
Representative Lanny F. Littlejohn
Senator Harvey S. Peeler, Jr.

Also present:
Sophia Derrick

CHAIRMAN PHILLIPS: We'll go to the Citadel, Glen D. Addison. Please stand and raise your right hand. Will the information given here today be the truth, nothing but the truth, so help you God?
(Affirmation)
MR. ADDISON: Yes, sir.
CHAIRMAN PHILLIPS: Mr. Addison, do you have any health-related problems that the Screening Committee should be made aware of that would prevent you from serving on the board in a full capacity?
MR. ADDISON: No, sir.
CHAIRMAN PHILLIPS: Considering your present occupation and other activities, would you be able to attend board meetings on a regular basis?
MR. ADDISON: Yes, sir.
CHAIRMAN PHILLIPS: Do you have any interests, professionally or personally that present a conflict of interest because of your service on the board?
MR. ADDISON: No, sir.
CHAIRMAN PHILLIPS: Do you now hold any public position of honor or trust that, if elected to the board, would cause you to violate the dual office holding clause of the constitution?
MR. ADDISON: No, sir.
CHAIRMAN PHILLIPS: Thank you. Go ahead with a short statement, sir.
MR. ADDISON: Thank you, Mr. Chairman. And ladies and gentlemen, my name is Glen Addison. I'm currently a legislative elected member for the Citadel Board of Visitors, and have been on the board since 2002. In that time, I've served as both the Chairman of the Buildings and Grounds Committee, Chairman of the Strategic Planning Committee, which I currently serve in that capacity. Also, Chairman of


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the Honorary Degrees Committee. I currently serve as the Vice-Chairman of the Board of Visitors.

I have served also in the military for quite some time. In my 29th year now, and six of that was active duty in the Air Force upon graduation from the Citadel, 18 at the South Carolina Air National Guard of McIntyre, and since 2003, I've been the Regional Director for a program called AFNSEPA, which is Air Force National Security Emergency Preparedness Agency. We are the Air Force representatives for defense supports of the authorities. In that capacity, I've served in eight states as the director of what's known as FEMA Region Four.   That brings me -- gives me a unique skill set that applies to working with our corp cadets, and I'm currently the only member of the board that has current military experience outside of General Spears, who's Adjutant General, and, of course, not a graduate of the Citadel, but he serves as an ex-officio member. So, I'm able to speak with our cadet corp, which quite a few, as you know, enter the military, on current matters dealing with the military, which gives me a unique perspective.   I'm a businessman. I work with Merck Pharmaceutical. I currently live on Daniel Island in Charleston. And previously owned a business in that arena, and have served in quite a few different areas with the Citadel Alumni Affairs, both as President of the Citadel Club here, the Regional Director for our program for four counties, and then sought election as the Board of Visitors member back in 2002. I look forward to continuing my service to the school. It's been an honor to be able to do that, to represent the school down there, and here at the legislature, so I'll take any questions that you may have.
CHAIRMAN PHILLIPS: Do the committee members have any questions?
SENATOR PEELER: General, I just appreciate your willingness to serve.
MR. ADDISON: Thank you, sir.
SENATOR PEELER: Move for favorable report.
SENATOR KNOTTS: Second.
CHAIRMAN PHILLIPS: Knotts second. All in favor, signify by saying, Aye.
COMMITTEE: Aye.
MR. ADDITION: Thank you.
CHAIRMAN PHILLIPS: Next, in order, let's skip over Clemson at this time and do Lander. There's only one there, and it's Robert A. Brimmer, First District, Seat Two.
MR. BRIMMER: Good morning.


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CHAIRMAN PHILLIPS: Mr. Brimmer, please stand and raise your right hand. Will the information given here today be the truth, nothing but the truth, so help you God?
(Affirmation)
CHAIRMAN PHILLIPS: Mr. Brimmer, do you have any health-related problems that the Screening Committee should be made aware of that would prevent you from serving on the board in a full capacity?
MR. BRIMMER: No, sir.
CHAIRMAN PHILLIPS: Considering your present occupation and other activities, would you be able to attend board meetings on a regular basis?
MR. BRIMMER: Yes, sir.
CHAIRMAN PHILLIPS: Do you have any interests, professionally or personally, that present a conflict of interest because of your service on the board?
MR. BRIMMER: No, sir.
CHAIRMAN PHILLIPS: Do you now hold any public position of honor or trust that, if elected to the board, would cause you to violate the dual office holding clause of the constitution?
MR. BRIMMER: No, sir.
CHAIRMAN PHILLIPS: Give us a short statement, sir.
MR. BRIMMER: Yes, sir. My name is Bob Brimmer, and I'm a resident of Mount Pleasant, South Carolina. I've been serving on the Lander Board of Trustees since 2004, and during that time -- I actually served in Seat Number Two in the First Congressional District. During that time, I've been very active in serving on basically two committees, one Student Affairs and Inter-Collegiac Athletics, and the second, the Facility and Financial Management Committees. During my tenure so far, there's been 14 scheduled board meetings, and I'm proud to say that I've been able to attend 13 of those 14. I had one work conflict, but otherwise, have been a faithful attendant. Also, I've been an active attendant at graduations and other special events, being three and a half hours away, it does take a lot of a good part of the day. It's a commitment that I'm willing to make and happy to make for Lander.

I'm a 1988 graduate alumnus of Lander University, and I feel very strongly that Lander does a very good job of it's commitment to quality education for South Carolina. Since being on the board, Dr. Ball and his staff at Lander have done a great job. We have been active in constructing very new, state-of-the-art facilities, as well as catching up on some long-term maintenance that needed to happen, as well as


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maintaining Lander as being one of the best values in higher education in South Carolina today.

We are consistently one of the lowest tuition schools in South Carolina, so we're very proud of that, being able to accomplish other goals, as well.
CHAIRMAN PHILLIPS: Are there any questions from any committee members?
REPRESENTATIVE BREELAND: Move forward.
SENATOR PEELER: Second.
CHAIRMAN PHILLIPS: Motion is approved. Second by Senator Peeler. All in favor, signify by saying, Aye.
COMMITTEE: Aye.
CHAIRMAN PHILLIPS: Unanimous. Thank you, sir.
MR. BRIMMER: Thank you very much.
CHAIRMAN PHILLIPS: We'll go to Winthrop University, Second District, Seat Two, Donna G. Tinsley.
MS. TINSLEY: Good morning, Mr. Chairman and members of the committee. My name is Donna Glen Tinsley.
CHAIRMAN PHILLIPS: Donna, raise your right hand.
MS. TINSLEY: Oh, excuse me.
CHAIRMAN PHILLIPS: Please stand and raise your right hand. Will the information given here today be the truth, nothing but the truth, so help you God?
(Affirmation)
CHAIRMAN PHILLIPS: Do you have any health-related problems that the Screening Committee should be made aware of that would prevent you from serving on the board in a full capacity?
MS. TINSLEY: No, sir.
CHAIRMAN PHILLIPS: Considering your present occupation and other activities, would you be able to attend board meetings on a regular basis?
MS. TINSLEY: Yes, sir.
CHAIRMAN PHILLIPS: Do you have any interests, professionally or personally, that present a conflict of interest because of your service on the board?
MS. TINSLEY: No, sir.
CHAIRMAN PHILLIPS: Do you now hold any public position of honor or trust that, if elected to the board, would cause you to violate the dual office holding clause of the constitution?
MS. TINSLEY: I'm a member of legislative council, now.
CHAIRMAN PHILLIPS: Go ahead.


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MS. TINSLEY: Thank you. Excuse me for jumping. This is -- my name is Donna Glenn Tinsley. In 2005, I had the privilege of being elected to filling an expired term on the Winthrop University Board. I take this very seriously. It's an honor and a privilege, and this will be an election for a six-year term.

I was elected the Secretary to the Board in 2007, and then again in 2008, and I served on some of the committees. It's an excellent school, and I'm very proud of what Dr. DiGiorgio, and the administration staff, and professors have done at this wonderful institution, and I thank you for the opportunity to do this.
CHAIRMAN PHILLIPS: Any questions for Donna?
REPRESENTATIVE BREELAND: Mr. Chairman, I move for approval.
REPRESENTATIVE BRADY: Second.
CHAIRMAN PHILLIPS: Senator Peeler?
MR. PEELER: Mr. Chairman, I just like to point out the Senator from Lexington that Ms. Tinsley quotes The World is Flat by Thomas Friedman. I don't want this to have any influence on others.
CHAIRMAN PHILLIPS: All in favor, signify by saying, Aye.
COMMITTEE MEMBERS: Aye.
CHAIRMAN PHILLIPS: It's unanimous. In the essence of time, the rest of you Clemson people running for the one seat that expires in 2010.
SENATOR KNOTTS: Mr. Chairman, I guarantee you none of the Clemson people read that book.
SENATOR PEELER: How many candidates do we have, seven?
CHAIRMAN PHILLIPS: Eight or nine. Eight. Seven. Let me ask Pat Black, Jr., will you stand?
MR. BLACK: Yes, sir.
CHAIRMAN PHILLIPS: Just stand right where you are at. John L. Cote, Jr., Jack W. Erter, Jr., Nicky McCarter, Neil C. Robinson, Jr., Steven G. Strickland, Rodney Williams to stand, please. All seven are present. Would you please all stand and raise your right hands. Will the information given here today be the truth, nothing but the truth, so help you God?
(Affirmation)
CHAIRMAN PHILLIPS: Do any of you have any health- related problems that the Screening Committee should be made aware of that would prevent you from serving on the board in a full capacity?
THE CANDIDATES: No, sir.


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CHAIRMAN PHILLIPS: Considering your present occupations and other activities, would you be able to attend board meetings on a regular basis?
THE CANDIDATES: Yes, sir.
CHAIRMAN PHILLIPS: Do any of you have any interests, professionally or personally, that present a conflict of interest because of your service on the board?
MR. STRICKLAND: I am appointed to the Georgetown Pilotage Commission. I'm currently the secretary.
CHAIRMAN PHILLIPS: That's not a conflict, sir.
MR. ROBINSON: Mr. Chairman, I'm Senator McConnell's appointee to the Education Oversight Committee. If I was elected to the board position, it would be my intention to withdraw from that.
CHAIRMAN PHILIPS: Well, we have Representative Littlejohn joining us from Spartanburg. Any one else that would have a conflict of interest?
THE CANDIDATES: No, sir.
SENATOR KNOTTS: They're a couple Mr. Chairman that raised their hand back there, but they didn't say which boards or commissions they were on.
CHAIRMAN PHILLIPS: Any other commissions we need to know about?
UNIDENTIFIED AUDIENCE MEMBER: No, sir. I was raising my hand, Senator Knotts, taking the oath.
CHAIRMAN PHILLIPS: Oh, all right. Do you now hold any public position of honor or trust that, if elected to the board, would cause you to violate the dual office holding clause of the constitution?
THE CANDIDATES: No, sir.
CHAIRMAN PHILLIPS: Starting with Pat Black, come up and make a short statement.
MR. BLACK: Representative Phillips, Representatives of the Committee, I will stand here with propensity for a short statement. You have my statement of testimony in your packet, I believe. I want to thank you for the opportunity to meet with you this morning and share with you my feelings about being on the Clemson University Board of Trustees. I feel like my service, my past service at Clemson University, coupled with my experience in the education profession, economic development, and professional areas qualify me for this position and would make contributions to the board even further.

I want to serve for two paramount reasons. First of all, the experience that I have, and service to Clemson is exemplary. And also,


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I believe very strongly in the mission of Clemson University and our land grant college system in the United States. I'm a native of Orangeburg, South Carolina. A 1971 and 1973 graduate of Clemson University, with a Bachelor's and Master's degree in Agricultural Economics. I currently reside in Cameron, which is in Calhoun County, not too far from here. I have two grown daughters, and I live in Cameron with my wife, Kathy.

I think my service is well-documented to Clemson and other areas, as well as in the testimony that I've written to you. I've been described as Clemson orange, through and through. That's a description that I'm very proud of. I've been a member of the Clemson Alumni Association and IPTAY since graduation.

I've been privileged and honored to serve two terms on the Clemson Board of Visitors, and a term as Chairman. I also served on the Clemson University Ag Alumni Board. I served as Vice-President of that organization. One of the more interesting experiences I've had in service to Clemson is I have served as a mentor for the renowned "Call Me MISTER Program." It was established several years ago at Clemson. It makes significant contributions to minorities in South Carolina. And I am a very proud 2004 recipient of the Distinguished Service award for Clemson.

Because of my experience and my desire to serve, my belief in Clemson University's mission, and where it will go in the future, I will appreciate the opportunity, would be honored to serve as a member of the Clemson University Board of Trustees, elected by the South Carolina Legislature.
CHAIRMAN PHILLIPS: Any questions from the committee members? Mr. Black?
MR. BLACK: Yes, sir.
CHAIRMAN PHILLIPS: As you know, right now, we had a kind of tough period, economically and everything, going on. I'm kind of concerned about the newspaper print that I've seen about Clemson borrowing money, tuition fees.
MR. BLACK: Yes.
CHAIRMAN PHILLIPS: If you were elected, would you ask the board to ask for an outside audit of the tuition funds, grant money?
MR. BLACK: Well, as you well know Clemson is audited every year. We have an internal and external audit. I think any funds have to be scrutinized very closely. I think funds have to be looked at very closely by the board. If I were on there, it would not be real step forward. Every decision I would go into would be within the interest of the


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citizens of South Carolina, and the students, and the faculty and staff. I, too, have been concerned about the information that has been put in the press.

Of course, that case is in the court system right now, so I will be watching any comments that we make, but with the amount that is there, and an organization as large as Clemson, the millions of dollars sounds like a lot, but when you compare it to the total budget of Clemson University, it is not that much. I've had to -- they've indicated -- administration has indicated that it's a 45 day fund, and I think most organizations would have that amount of funds to operate on, should something occur.

It will be interesting to see how this unfolds in the courts. It is probably not a good situation for anyone involved with Clemson, but I have firm confidence, great confidence in the administration board and others at Clemson University that everything will be fine, and that Clemson will continue to be one of the top Universities, not only in South Carolina, but in the nation.
CHAIRMAN PHILLIPS: Any other questions?
MR. PEELER: Chairman, I'm a 1970 graduate from Clemson. I spent a lot of time in the P & A Building. I won't say anything about you if you don't say anything about --
MR. BLACK: That's good. What happens in pool hall stays in pool hall, I understand. It was good times wasn't Senator Peeler?
SENATOR PEELER: Oh, man, if I could go back. Mr. Chairman, I move in favor of the board.
SENATOR KNOTTS: Second.
CHAIRMAN PHILLIPS: All in favor, say, Aye.
THE COMMITTEE: Aye.
MR. BLACK: Thank you.
CHAIRMAN PHILLIPS: We will let you know when you can come and seek pledges.
MR. BLACK: Yes, sir. Thank you.
CHAIRMAN PHILLIPS: Okay. We'll ask Mr. John L. Cote, Jr.
MR. COTE: I'm John Cote from Myrtle Beach in Horry County. I'm a 1975 graduate of Clemson with a B.S. in accounting. My wife also graduated from Clemson, although she started out at Winthrop. I'm the first graduate of my family to go to Clemson, and it's been 12 of us, now, so we're really proud of that. And it kind of speaks also to Horry County, and how much growth there has been in alumni, as the students that have attended Clemson University. It's a pretty big draw, and always has been, and will continue to be, and as we grow, it's


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really the reason why I'm here, is that we feel really strongly that Horry County and the coast should be represented on the Board of Trustees at Clemson University.

So that has driven some of my decisions to come forward and ask for the opportunity to do just that. I believe in giving back to our communities and those areas that have helped me and served me during my life, and Clemson, as well as Horry County, both fit into that category, and have been responsible for a lot of the things that I've been blessed with in my life. So, in any event, over the years, I've tried to give back to both the community and Clemson University, and at Clemson, I've served on the Alumni National Council. I was Marketing Chairman for that group. In addition, I was on the Advancement Board of College and Commerce and Industry at Clemson. I've been a member of the Capital Campaign Committee, still a member of that because we still need money, so we might take some of that money that I hear is floating around.

And I've been an IPTAY member, Lifetime donor, and a Heisman donor. In addition, for my community, I've served the on the Grand Strand Chamber of Commerce, held some leadership positions there, developed Coastal Carolina Board of Visitors for the Wall School of Business. As for my professional life, I've been CFO, Chief Financial Officer, and also the President Chief Operating Officer of a company called Waccamaw Corporation. Most people would know it as Waccamaw Pottery, and that was where my career really began. About eight years ago we sold that company, I started Wealth Management Group, and I now am founder and president of Financial Insights, which is a wealth advisory management group. We have offices in Myrtle Beach, as well as Wilmington and Charleston.

So, in any event, I feel that with that experience, and with my prior involvement with Clemson, I think that I would help in whatever decision-making that is very critical for a university to have. I think I'd be a member that could add to that in a very positive way, so I ask that I be approved for candidacy for that position.
CHAIRMAN PHILLIPS: Any questions from any committee members? I would ask the same thing, but I don't want to go through all that.
MR. COTE: Yes, sir. If I'm fortunate to be on there, I would definitely look into that, and recommend we do that.
CHAIRMAN PHILLIPS: Thank you, sir. Any motions?
REPRESENTATIVE BREELAND: Move for approval.
REPRESENTATIVE BRADY: Second.


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CHAIRMAN PHILLIPS: All in favor, signify by saying, Aye.
THE COMMITTEE: Aye.
CHAIRMAN PHILLIPS: Thank you, sir.
MR. COTE: Thank you very much.
CHAIRMAN PHILLIPS: Jack W. Erter, Jr.
MR. ERTER: Mr. Chairman, Members of the Committee, I am Jack Erter from Sumter, a lifelong resident of Sumter County, and a 1968 graduate of Clemson. After Clemson, I went on to law school at the University of South Carolina, finished there in 1971, and have been a member of the Lee Law firm in Sumter since 1972 to the present. My field of expertise in law is really a corporate law practice, and in that connection, I've served on many, many boards, or been advisor for many, many boards and commissions. I served on the local school board, and have advised on both profit and non-profit organizations in Sumter County and neighboring counties over the years.

So one of the reasons I've determined that I'd like to offer my candidacy for the Clemson Board is it's really just an extension of what I've been doing, and that is counseling the boards or serving on the boards. I'm fairly well-versed in committee work and those types of things that come up routinely in this sort of environment. I would like to comment on the -- on what you read in the paper about the lawsuit. I guess my take on that, straight-up, would be that I have a lot of confidence in the Clemson president, a whole lot of confidence in the current board, and I would like to see how this plays out in the court, and see how -- what response Clemson makes to these allegations, but I have all the faith in the world that it's going to be something that is favorable to Clemson in the long-run.

But if it weren't favorable, or if there is something that is amiss, I will be -- will not hesitate to take whatever action is necessary, including an outside audit, or whatever was seemed appropriate at the time under the circumstances. I've kind of like the Chairman, I'm suffering under a cough that I can't seem to shake, so I'm not going to try to prolong this too long. I would like to just say that as a graduate of Clemson, and a person that has expressed an ongoing interest in it over the years, I would like you to consider my candidacy, if you see appropriate approval.
CHAIRMAN PHILLIPS: Does the committee have any questions? Move for approval?
REPRESENTATIVE LITTLEJOHN: Move for approval.
CHAIRMAN PHILLIPS: Representative Littlejohn moves for approval.


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REPRESENTATIVE BRADY: Second.
CHAIRMAN PHILLIPS: Second by Ms. Brady. All in favor, signify by saying, Aye.
THE COMMITTEE: Aye.
CHAIRMAN PHILLIPS: Nicky McCarter.
MR. MCCARTER: Thank you, Mr. Chairman and Members of the Committee. My name is Nicky McCarter. I was born and raised in Clover, South Carolina. I've been in Columbia for 28 years, now, in August. I'm a 1980 graduate of Clemson, presently serve on the Board of Visitors and Continuing Ed Professional Development Board at Clemson. Clemson -- my family background, both sides of my parents are farmers, so I've been involved with Clemson all my life. They have been awfully good to my family because everything we did had something direct with Clemson University.

I presently run -- am the president of Defender Services Corporation here in Columbia, South Carolina. We just started our 50th year in December. We currently work in 28 counties in this state, and 29 -- 28 counties in 29 states in the U.S., and employ 5500 employees. I feel that with this experience, I've been president since 1998.

I worked my way up from a graduate of Clemson as a salesperson, right through this leverage buyout, over the last 20 years. I feel like I have multiple task experience, and operate and work with people, budgets, covenants, all these type things that go with a university entrusting a job. Since we are out of time, I would ask for consideration to be nominated as a candidate for this role.
CHAIRMAN PHILLIPS: Do any committee members have any questions?
REPRESENTATIVE BRADY: I move for approval.
REPRESENTATIVE BREELAND: Second.
SENATOR KNOTTS: Second.
CHAIRMAN PHILLIPS: All in favor, signify by saying, Aye.
THE COMMITTEE: Aye.
CHAIRMAN PHILLIPS: Neil C. Robinson, Jr.
MR. ROBINSON: Mr. Chairman, Members of the Committee, my name is Neil Robinson. I'm from Charleston. I'm a graduate of Clemson in 1966, and a graduate of the University of South Carolina Law School in 1974. I currently chair the Practice Group of the Nexen Pruet Law Firm, which has seven offices throughout North and South Carolina. I'm based in Charleston, and my practice is exclusive and limited to real estate development. In that connection, I've been working with Clemson for a number of years on a lot of its real estate


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holdings, and have helped to acquire additional holdings in the last several years, most notably being the new site in Charleston for the Clemson Architecture Center, which is adjacent to the college in Charleston campus, and I also was able to facilitate bringing together the resources in North Charleston for what is known as the Clemson Restoration Institute.

This property was all donated to Clemson. This was finalized in this past year, and amounted to a gift value, appraised value of 40 million dollars, which is the largest gift ever made to Clemson. I feel that I'm uniquely qualified to serve as a member of the Clemson Board of Trustees by virtue of my background in real estate law because of the vast holdings that Clemson has in real estate, some 30,000 acres.

There's rarely an agenda before the board that doesn't include some significant issues involving the real estate holdings of Clemson. I currently serve on the Clemson University Foundation Board, and I am the appointee of that board to the Pate Foundation in Georgetown County which oversees Clemson's real estate holdings in that county. I'm also a member of the Board of Visitors, and I'm a founding member of the Clemson Real Estate Development Foundation, which helps the new Master's degree in real estate development get started at the university several years ago. I've served two terms as president of Clemson Advancement Foundation for Building and Design, and while in that capacity, was able to get the Foundation to agree to audited financial statements, which it did not have until that time, and which it does have now, and was able to help revamp the retirement program of Clemson employees and its foreign locations, notably in Italy, where the rules had changed regarding how our employees were to be treated in that country. We were able to straighten out that for Clemson. I have a great deal of experience dealing with boards, as you heard other candidates mention. I've been on the board for the Southeastern Wildlife Exposition for 20 years, and for the last 10 years have served as the chairman of that exposition, which is the largest single event held in the state of South Carolina, with an economic impact now of about 68 million dollars over a four-day period each year. So in representing Clemson interests and the various positions that I've served there, and representing my law firm and its real estate interests for its numerous clients doing projects in the hundreds of millions, billion of dollar range, as well as my interest -- longtime involvement with public education, I feel that this qualifies me for a position on the board of Clemson, and I would ask that this committee consider favorably endorsing my candidacy for that position.


Printed Page 2497 . . . . . Tuesday, April 15, 2008

CHAIRMAN PHILLIPS: Questions? None?
SENATOR PEELER: Move to favorable report.
SENATOR KNOTTS: Second.
CHAIRMAN PHILLIPS: Senator Peeler moved for favorable report. Senator Knotts, second. All in favor, signify by saying, Aye.
THE COMMITTEE: Aye.
CHAIRMAN PHILLIPS: Steven Strickland.
MR. STRICKLAND: Good morning. My name is Steve Strickland. I'm from Murrells Inlet. I'd like to thank the committee to be here. I'm a graduate of the college of engineering at Clemson University. I'm married to a Clemson CPA, and I've got two kids who have not yet decided their majors because they're nine and thirteen. I'm a licensed professional engineer in South Carolina, and North Carolina, and Georgia. I am president of the Earthworks Group, which is an engineering, architectural, survey, and environmental firm located in Myrtle Beach, South Carolina.

We're celebrating our tenth year of service in the Coastal Carolinas, and I am one of the management positions with the company, having seen the company grow from three employees to fifty, most recently. I'm also the secretary of the Georgetown Pilotage Commission, which we oversee the safe passage of goods and materials into the Port of Georgetown. I'm here today to offer my services to South Carolina and Clemson University, and appreciation for what Clemson University has done for me.

I'm not going to stand here and say that I'm a bigger Clemson fan, or my blood's anymore orange than anyone else here. It goes without saying that every loyal Clemson alumni feels a bond with Clemson that runs deeper than family. I'm here because I feel a responsibility to South Carolina, and to Clemson, and to my children to assist in the governments and guidance of our great institution. Clemson has given me many opportunities, and I'd like the opportunity to give some back.

We've enjoyed our glory days. We've been students, we've graduates, and now, it's time for us to think about the next generation. My children, my grandchildren need to have the same opportunities that I've been given. Thank you.
CHAIRMAN PHILLIPS: Any questions?
SENATOR PEELER: Move for favorable.
SENATOR KNOTTS: Second.
CHAIRMAN PHILLIPS: Senator Peeler moves for favorable. Second, Senator Knotts. All in favor, signify by saying, Aye.
THE COMMITTEE: Aye.


Printed Page 2498 . . . . . Tuesday, April 15, 2008

CHAIRMAN PHILLIPS: Unanimous. Thank you. Rodney Williams.
MR. WILLIAMS: Thank you, Mr. Chairman. My name is Rodney Williams. I am an '89 graduate of Clemson University. Being a relatively recent graduate of Clemson, I feel like I will have a better understanding of what's going on on campus. One of the things -- one of the main reasons I want to run, or are running for the board, and to be on the trustees, is because we need to make sure Clemson stays Clemson. And, I think, so often in big corporations, big business, which Clemson is, you have a tendency to forget what got you there. And running a business like I run, I have an experience to handle those issues, to make sure that we don't forget what Clemson is, what Clemson means to all of these alumni, all of these alumni that come before us, that'll come after us.

Also, that we maintain the heritage that Clemson has for our kids, and for their kids. I am the CEO of Budweiser of Columbia and Budweiser of Greenville. We are a 150 million dollar company. I would say roughly a hundred -- excuse me, 260 employees. I feel like this would give me an opportunity and experience to help the board deal with legal issues, financial issues, personnel issues, anything that may come our way. I also have a unique perspective in a Clemson family, in that I played football at Clemson. I understand the importance of athletics. I also understand the responsibility of athletics, and that a student athletic has for the university.

So many of the university students, especially out-of-state students, found out about Clemson because of athletics. Student athletes should be held a little higher on the totem pole in responsibility for their actions because they do represent the university in other ways that regular students do not do. Thank you.
CHAIRMAN PHILLIPS: Any questions for Rodney?
SENATOR PEELER: Move in favorable report.
SENATOR KNOTTS: Second.
CHAIRMAN PHILLIPS: Senator Peeler moves for favorable report. Senator Knotts, Floyd Breeland, Ms. Brady, and Lanny Littlejohn, second. All in favor signify by saying, Aye.
THE COMMITTEE: Aye.
CHAIRMAN PHILLIPS: Okay. Did I get everybody? Did I miss anybody?
SENATOR PEELER: Mr. Chairman, I'd like to point out, you all know how I feel towards Clemson University, and as many times as we've screened people over the years as I've served in the Senate, I'm so proud of this group of candidates for this one seat. I've never seen a


Printed Page 2499 . . . . . Tuesday, April 15, 2008

group more qualified. As a Clemson graduate, I appreciate all of you and your willingness to serve. I look forward to these few days and weeks to come. I appreciate everyone of you for offering your services to the university.
CHAIRMAN PHILLIPS: I have to echo that. Looking at the reports for this one seat, there's good caliber people. Good luck to all of you. I want to caution you, now, if you send a letter out telling you've been screened, do not ask for a commitment because you'd be violating the ethics law. We've had some to do that -- sent out a letter asking for a commitment in the same letter and the journal hasn't been printed. So, I caution you do not ask for commitments through a letter. You may contact them and tell them you've been screened, but you will talk to them at a later date -- at that time, you can ask for a commitment.

Please don't do that because somebody on the floor appointed had no opportunity to disregard your application. That's one of the rules of this election committee.

We'll ask you to leave. There's some other business to take care of. Thank you so much for coming. I appreciate you coming out.
(Adjourned at 10:52 a.m.)

Received as information.

INTRODUCTION OF BILLS

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

H. 5014 (Word version) -- Reps. F. N. Smith, Brantley, Anderson, Whipper, Alexander, Allen, R. Brown, Cobb-Hunter, Hart, Hodges, Hosey, Howard, Jefferson, Mitchell, Scott, Weeks and Williams: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-1-350 SO AS TO PROVIDE THAT A PERSON, UNDER COLOR OF LAW, WHO DEPRIVES ANOTHER PERSON OF ANY RIGHTS, PRIVILEGES, OR IMMUNITIES IS SUBJECT TO LIABILITY IN A CIVIL ACTION FOR INJURY TO THE PERSON UNDER CERTAIN CIRCUMSTANCES INCLUDING INCIDENTS OF POLICE MISCONDUCT AND TO PROVIDE AN EXCEPTION.
Referred to Committee on Judiciary

H. 5015 (Word version) -- Reps. Gambrell, Cooper, Bowen, Thompson, Agnew and White: A BILL TO AMEND SECTION 7-7-80, AS AMENDED,


Printed Page 2500 . . . . . Tuesday, April 15, 2008

CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN ANDERSON COUNTY, SO AS TO REVISE CERTAIN VOTING PRECINCTS IN ANDERSON COUNTY, TO REDESIGNATE A MAP NUMBER FOR THE MAP ON WHICH LINES OF THESE PRECINCTS ARE DELINEATED AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICS OF THE STATE BUDGET AND CONTROL BOARD.
On motion of Rep. GAMBRELL, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

H. 5019 (Word version) -- Reps. Haley and Talley: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 2-7-67 SO AS TO REQUIRE A BILL OR JOINT RESOLUTION TEMPORARILY OR PERMANENTLY, DIRECTLY OR INDIRECTLY, ADDING, AMENDING, OR REPEALING ANY PROVISION OF LAW RELATING TO THE EXPENDITURE OF STATE FUNDS TO RECEIVE A RECORDED ROLL-CALL VOTE BEFORE IT PASSES THE HOUSE OF REPRESENTATIVES AND SENATE.
Rep. HALEY asked unanimous consent to have the Bill placed on the Calendar without reference.
Rep. PERRY objected.
Referred to Committee on Ways and Means

H. 5020 (Word version) -- Rep. Cato: A BILL TO AMEND SECTION 38-79-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS OF THE SOUTH CAROLINA MEDICAL MALPRACTICE LIABILITY JOINT UNDERWRITING ASSOCIATION TO ISSUE POLICIES OF INSURANCE, SO AS TO AUTHORIZE THE ASSOCIATION TO INCREASE THE LIMITS OF LIABILITY ON POLICIES OF INSURANCE SUBJECT TO LIMITS OF LIABILITY NOT TO EXCEED ONE MILLION DOLLARS FOR EACH CLAIMANT UNDER ONE POLICY AND THREE MILLION DOLLARS FOR ALL CLAIMANTS UNDER ONE POLICY IN ONE YEAR.
Referred to Committee on Labor, Commerce and Industry

H. 5021 (Word version) -- Rep. Duncan: A BILL TO AMEND SECTION 50-11-1920, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SALE UNDER CERTAIN CONDITIONS OF EXOTIC


Printed Page 2501 . . . . . Tuesday, April 15, 2008

FARM-RAISED VENISON AND PENALTIES FOR VIOLATING THE PROVISIONS OF THIS SECTION, SO AS TO PROVIDE THAT THE PROHIBITIONS OF THIS SECTION DO NOT APPLY TO THE SALE OR PURCHASE OF PROCESSED PET FOODS OR PET TREATS CONTAINING EXOTIC FARM-RAISED VENISON, AND TO PROVIDE FOR CERTAIN REGISTRATION AND LABELING REQUIREMENTS OF THIS EXCEPTION.
Rep. DUNCAN asked unanimous consent to have the Bill placed on the Calendar without reference.
Rep. UMPHLETT objected.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs

S. 111 (Word version) -- Senators Leventis, Knotts and Scott: A BILL TO AMEND SECTION 56-5-970, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRAFFIC CONTROL SIGNALS, SO AS TO PROVIDE THAT A DRIVER OF A MOTORCYCLE OR MOPED MAY PROCEED THROUGH A HIGHWAY INTERSECTION CONTROLLED BY A TRAFFIC-CONTROL DEVICE UNDER CERTAIN CIRCUMSTANCES WHEN A VEHICLE SENSOR FAILS TO DETECT THE VEHICLE BECAUSE OF ITS WEIGHT OR SIZE.
Referred to Committee on Judiciary

S. 641 (Word version) -- Senator Thomas: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-63-35 SO AS TO PROVIDE THAT A SCHOOL SHALL DEFER TO THE DECISION OF PARENTS OF TWINS AS TO WHETHER OR NOT THE TWINS WILL BE IN THE SAME CLASSROOM.
Referred to Committee on Education and Public Works

S. 911 (Word version) -- Senators Martin and Sheheen: A BILL TO AMEND SECTION 7-17-220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MEETINGS OF THE BOARD OF STATE CANVASSERS, SO AS TO PROVIDE THAT A MEETING MAY BE CONVENED BY TELEPHONE OR ELECTRONIC COMMUNICATION INSTEAD OF IN PERSON AT THE OFFICE OF THE STATE ELECTION COMMISSION; AND TO AMEND SECTION 7-17-510, RELATING TO THE CONVENING OF THE COUNTY COMMISSIONERS OF ELECTION AS COUNTY BOARDS OF CANVASSERS, SO AS TO PROVIDE THAT ANY


Printed Page 2502 . . . . . Tuesday, April 15, 2008

REQUIRED MEETINGS MAY BE CONVENED BY TELEPHONE OR ELECTRONIC COMMUNICATION.
Referred to Committee on Judiciary

S. 981 (Word version) -- Senator Grooms: A BILL TO AMEND SECTION 57-5-10 OF THE 1976 CODE, RELATING TO THE GENERAL COMPOSITION OF THE STATE HIGHWAY SYSTEM, TO PROVIDE THAT ALL HIGHWAYS IN THE STATE HIGHWAY SYSTEM MUST BE BUILT ACCORDING TO STATE STANDARDS, TO AMEND SECTION 57-5-70, RELATING TO ADDITIONS TO THE STATE HIGHWAY SECONDARY SYSTEM, TO ALLOW THE DEPARTMENT OF TRANSPORTATION TO ADD COUNTY AND MUNICIPAL ROADS TO THE STATE HIGHWAY SYSTEM WHEN NECESSARY FOR THE INTERCONNECTIVITY OF THE STATE HIGHWAY SYSTEM, TO AMEND SECTION 57-5-80, RELATING TO THE DELETION AND REMOVAL OF ROADS FROM THE STATE HIGHWAY SECONDARY SYSTEM, TO PROVIDE FOR THE REMOVAL OF ROADS FROM THE STATE HIGHWAY SYSTEM WHEN A COUNTY, MUNICIPALITY, SCHOOL, OR OTHER GOVERNMENTAL AGENCY AGREES TO ACCEPT THE ROAD INTO ITS OWN HIGHWAY SYSTEM, AND TO REPEAL SECTION 57-5-90, RELATING TO BELT LINES AND SPURS.
Referred to Committee on Education and Public Works

S. 987 (Word version) -- Senator Gregory: A BILL TO AMEND SECTION 50-21-80, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENFORCEMENT OF BOATING LAWS, SO AS TO FURTHER PROVIDE FOR THIS ENFORCEMENT, THE AUTHORITY OF ALL LAW ENFORCEMENT OFFICERS TO ENFORCE THESE PROVISIONS, AND TO PROVIDE PENALTIES FOR VIOLATION; TO AMEND SECTION 50-21-114, AS AMENDED, RELATING TO OPERATING A WATER DEVICE UNDER THE INFLUENCE OF ALCOHOL OR DRUGS AND THE IMPLIED CONSENT FOR A BREATH TEST TO DETERMINE BLOOD ALCOHOL LEVELS, SO AS TO FURTHER PROVIDE FOR PROCEDURAL MATTERS IN REGARD TO THESE TESTS; TO AMEND SECTION 50-21-130, AS AMENDED, RELATING TO DUTIES OF A VESSEL OPERATOR INVOLVED IN A COLLISION, SO AS TO FURTHER PROVIDE FOR THESE DUTIES INCLUDING WHEN AN ACCIDENT REPORT IS


Printed Page 2503 . . . . . Tuesday, April 15, 2008

REQUIRED AND TO STIPULATE THE PERSONS AND ENTITIES WHO MAY OBTAIN A COPY OF THE REPORT; BY ADDING SECTION 50-21-118 SO AS TO PROVIDE THAT THE OPERATOR OF A WATERCRAFT IS STRICTLY LIABLE FOR THE ACTIONS AND CONDUCT OF ALL PERSONS ON BOARD AND ANY PERSONS BEING TOWED BY THE WATERCRAFT; TO AMEND SECTION 50-21-175, AS AMENDED, RELATING TO WATERCRAFT REQUIRED TO HEAVE, SO AS TO PROVIDE THAT THE MAGISTRATES COURT RETAINS JURISDICTION OVER VIOLATIONS OF THIS SECTION; BY ADDING SECTION 50-21-190 SO AS TO PROVIDE THAT IT IS UNLAWFUL TO ABANDON A WATERCRAFT OR OUTBOARD MOTOR ON THE PUBLIC LANDS OR WATERS OF THIS STATE OR ON PRIVATE PROPERTY WITHOUT PERMISSION OF THE PROPERTY OWNER AND TO ALSO PROVIDE PENALTIES FOR VIOLATIONS; TO AMEND SECTION 50-21-710, AS AMENDED, RELATING TO AIDS TO NAVIGATION AND REGULATORY MARKERS, SO AS TO PROVIDE THAT ALL NO WAKE ZONES HERETOFORE ESTABLISHED ARE CONSIDERED ESTABLISHED PURSUANT TO THE AUTHORITY OF THIS SECTION; AND TO REPEAL SECTIONS 50-21-132, 50-21-133, 50-21-135, 50-21-136, 50-21-137, 50-21-138, 50-21-139, 50-21-142, 50-21-143, 50-21-144, 50-21-145, 50-21-147, AND 50-21-149 RELATING TO NO WAKE ZONES OR OTHER REGULATION OF WATERCRAFT ACTIVITIES.
Referred to Committee on Judiciary

S. 996 (Word version) -- Senators Ceips, Grooms and Cleary: A BILL TO AMEND CHAPTER 15 OF TITLE 57 OF THE 1976 CODE, RELATING TO PROVISIONS AFFECTING FERRIES ONLY, TO PROVIDE THAT THE DEPARTMENT OF TRANSPORTATION IS AUTHORIZED TO ESTABLISH, OPERATE, MAINTAIN, AND SUPERVISE PUBLIC FERRIES CONNECTING PARTS OF THE STATE HIGHWAY SYSTEM, TO PROVIDE THAT THE GOVERNING BODY OF A COUNTY IS AUTHORIZED TO ESTABLISH, OPERATE, MAINTAIN, AND SUPERVISE PUBLIC FERRIES CONNECTING PARTS OF PUBLIC ROADS LOCATED WITHIN THE COUNTY NOT UNDER THE CONTROL OF THE DEPARTMENT OF TRANSPORTATION, TO PROVIDE THAT GOVERNING BODIES OF ADJOINING COUNTIES MAY ENTER INTO AN AGREEMENT TO ESTABLISH, OPERATE, MAINTAIN,


Printed Page 2504 . . . . . Tuesday, April 15, 2008

AND SUPERVISE PUBLIC FERRIES CONNECTING PARTS OF PUBLIC ROADS THAT LIE WITHIN EACH COUNTY THAT ARE NOT UNDER THE CONTROL OF THE DEPARTMENT OF TRANSPORTATION, TO PROVIDE THAT THE DEPARTMENT OF TRANSPORTATION AND COUNTY GOVERNING BODIES MAY ENTER INTO AGREEMENTS WITH PRIVATE ENTITIES TO FINANCE, IN WHOLE OR IN PART, THE COST OF ACQUIRING, EQUIPPING, MAINTAINING, AND OPERATING A PUBLIC FERRY, TO ESTABLISH CERTAIN MINIMUM SAFETY REQUIREMENTS, TO ALLOW FOR PRIVATE CONTRIBUTIONS FOR FERRY OPERATION AND MAINTENANCE, AND TO PROVIDE FOR A FERRY ON THE INTRACOASTAL WATERWAY IN GEORGETOWN COUNTY.
Referred to Committee on Education and Public Works

S. 1131 (Word version) -- Senator Thomas: A BILL TO AMEND SECTIONS 38-43-20, 38-43-70, BOTH AS AMENDED, 38-43-75, 38-43-80, AS AMENDED, 38-43-100, 38-43-101, BOTH AS AMENDED, 38-43-102, 38-43-106, 38-43-107, 38-43-110, 38-43-130, ALL AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, ALL RELATING TO INSURANCE PRODUCERS AND AGENCIES, SO AS TO CLARIFY LANGUAGE THAT AN EMPLOYEE OF A LICENSED PRODUCER WHO PERFORMS ONLY CLERICAL DUTIES MAY NOT SIGN AN APPLICATION FOR INSURANCE; TO PROVIDE THAT UNLESS DENIED LICENSURE A NONRESIDENT PERSON SHALL RECEIVE A NONRESIDENT PRODUCER'S LICENSE WITH THE SAME LINES OF AUTHORITY HELD IN THE PRODUCER'S HOME STATE; TO PROVIDE THAT LIMITED LINE INSURANCE INCLUDES CREDIT INSURANCE; TO PROVIDE FOR THE DEFINITION OF "BIENNIAL APPOINTMENT FEE", PROVIDE FOR THE PAYMENT OF THE FEE IF REJECTED BY A BANK, DELETE THE ADMINISTRATIVE FEE, AND AUTHORIZE PAY OF FEES BY A CREDIT OR DEBIT CARD; TO REQUIRE ALL APPLICANTS FOR A PRODUCER'S LICENSE TAKE AN EXAMINATION AND DELETE THE WAIVER OR EXEMPTION FOR CERTAIN APPLICANTS; TO PROVIDE THAT A PRODUCER MAY NOT TAKE THE SAME CONTINUING EDUCATION COURSE AND CASUALTY-LICENSED INSURANCE PRODUCER COURSE FOR CONTINUING EDUCATION CREDIT MORE THAN ONE TIME IN A BIENNIAL


Printed Page 2505 . . . . . Tuesday, April 15, 2008

COMPLIANCE PERIOD AND PROVIDE FOR THE NONWAIVER OF CONTINUING EDUCATION REQUIREMENTS; TO PROVIDE THAT INDIVIDUAL LICENSES CONTINUE ON A BIENNIAL BASIS ON THE LICENSEE'S MONTH OF BIRTH; AND TO REDEFINE THE ELEMENTS OF "DECEIVE OR DEALT UNJUSTLY WITH THE CITIZENS OF THE STATE"; TO AMEND SECTIONS 38-45-20, 38-45-30, BOTH AS AMENDED, AND SECTION 38-45-90, ALL RELATING TO BROKERS AND SURPLUS LINES, SO AS TO REQUIRE A PROPERTY AND CASUALTY-LICENSED INSURANCE PRODUCER TO PASS THE SOUTH CAROLINA BROKER LICENSING EXAMINATION IN ORDER TO BE LICENSED AS A BROKER AND TO PROVIDE PAYMENT OF THE BROKER'S PREMIUM TAX; AND TO REPEAL SECTION 38-43-105 RELATING TO EDUCATION REQUIREMENTS FOR LOCAL AND GENERAL PRODUCERS.
Referred to Committee on Labor, Commerce and Industry

S. 1159 (Word version) -- Senator Lourie: A BILL TO AMEND SECTION 61-4-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TRANSFER OF BEER OR WINE FOR CONSUMPTION BY PERSONS UNDER THE AGE OF TWENTY-ONE, SO AS TO DELETE A REFERENCE IN ONE CODE SECTION FOR CLARIFICATION; TO AMEND SECTION 61-6-4070, RELATING TO THE TRANSFER OF ALCOHOLIC LIQUORS TO PERSONS UNDER THE AGE OF TWENTY-ONE, SO AS TO DELETE A REFERENCE IN ONE CODE SECTION FOR CLARIFICATION; AND TO AMEND SECTIONS 20-7-8920 AND 20-7-8925, RELATING TO UNDERAGE PURCHASE, CONSUMPTION, OR POSSESSION OF BEER, WINE, OR ALCOHOLIC LIQUORS, SO AS TO ALLOW ESTABLISHMENTS TO USE PERSONS UNDER THE AGE OF TWENTY-ONE TO TEST COMPLIANCE.
Referred to Committee on Judiciary

S. 1227 (Word version) -- Senator Land: A BILL TO AMEND SECTIONS 30-5-10 AND 30-5-12 OF THE 1976 CODE, RELATING TO THE REGISTER OF DEEDS, TO ADD CLARENDON COUNTY TO THE LIST OF COUNTIES WHICH HAVE BOTH A REGISTER OF DEEDS AND A CLERK OF COURT AND TO PROVIDE THAT


Printed Page 2506 . . . . . Tuesday, April 15, 2008

THE GOVERNING BODY OF CLARENDON COUNTY SHALL APPOINT THE REGISTER OF DEEDS.
On motion of Rep. HARVIN, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

S. 1252 (Word version) -- Senators Leatherman and Peeler: A BILL TO AMEND SECTION 2-75-30 OF THE 1976 CODE, RELATING TO THE CENTERS OF EXCELLENCE MATCHING ENDOWMENT, TO PROVIDE THAT THE INTEREST EARNINGS IN THE FUND MAY BE USED AT THE RESEARCH CENTERS OF EXCELLENCE REVIEW BOARD'S DISCRETION FOR ADDITIONAL STATE AWARDS.
Referred to Committee on Ways and Means

S. 1264 (Word version) -- Transportation Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF TRANSPORTATION, RELATING TO THE CHIEF INTERNAL AUDITOR OF THE DEPARTMENT OF TRANSPORTATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 3166, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Referred to Committee on Education and Public Works

S. 1265 (Word version) -- Transportation Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, RELATING TO THE COMMISSIONERS OF PILOTAGE, DESIGNATED AS REGULATION DOCUMENT NUMBER 3135, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Referred to Committee on Labor, Commerce and Industry

S. 1266 (Word version) -- Transportation Committee: A JOINT RESOLUTION TO APPROVE THE REGULATIONS OF THE DEPARTMENT OF TRANSPORTATION, RELATING TO THE SECRETARY OF TRANSPORTATION'S APPROVAL OF CERTAIN ACTIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 3168, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Referred to Committee on Labor, Commerce and Industry


Printed Page 2507 . . . . . Tuesday, April 15, 2008

HOUSE RESOLUTION

The following was introduced:

H. 5016 (Word version) -- Reps. Clyburn, Agnew, Alexander, Allen, Anderson, Anthony, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bingham, Bowen, Bowers, Brady, Branham, Brantley, Breeland, G. Brown, R. Brown, Cato, Chalk, Clemmons, Cobb-Hunter, Coleman, Cooper, Cotty, Crawford, Daning, Dantzler, Davenport, Delleney, Duncan, Edge, Erickson, Frye, Funderburk, Gambrell, Govan, Gullick, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Hart, Harvin, Haskins, Hayes, Herbkersman, Hiott, Hodges, Hosey, Howard, Huggins, Hutson, Jefferson, Jennings, Kelly, Kennedy, Kirsh, Knight, Leach, Limehouse, Littlejohn, Loftis, Lowe, Lucas, Mack, Mahaffey, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, Moss, Mulvaney, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rice, Rutherford, Sandifer, Scarborough, Scott, Sellers, Shoopman, Simrill, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Spires, Stavrinakis, Stewart, Talley, Taylor, Thompson, Toole, Umphlett, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Williams, Witherspoon and Young: A HOUSE RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES UPON THE DEATH OF ABELLE NIVENS OF AIKEN COUNTY AND TO EXTEND THEIR DEEPEST SYMPATHY TO HER FAMILY AND MANY FRIENDS.

The Resolution was adopted.

CONCURRENT RESOLUTION

The following was introduced:

H. 5017 (Word version) -- Rep. Bales: A CONCURRENT RESOLUTION TO EXPRESS THE HEARTIEST CONGRATULATIONS OF THE SOUTH CAROLINA GENERAL ASSEMBLY TO NOLAN T. RUSSELL III AND VERONICA J. ROLANDI, BOTH OF RICHLAND COUNTY, UPON THE OCCASION OF THEIR


Printed Page 2508 . . . . . Tuesday, April 15, 2008

MARRIAGE ON MAY 10, 2008, AND TO WISH THEM MUCH HAPPINESS IN THE YEARS AHEAD.

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

CONCURRENT RESOLUTION

On motion of Rep. HUGGINS, with unanimous consent, the following was taken up for immediate consideration:

H. 5018 (Word version) -- Reps. Huggins, Agnew, Alexander, Allen, Anderson, Anthony, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bingham, Bowen, Bowers, Brady, Branham, Brantley, Breeland, G. Brown, R. Brown, Cato, Chalk, Clemmons, Clyburn, Cobb-Hunter, Coleman, Cooper, Cotty, Crawford, Daning, Dantzler, Davenport, Delleney, Duncan, Edge, Erickson, Frye, Funderburk, Gambrell, Govan, Gullick, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Hart, Harvin, Haskins, Hayes, Herbkersman, Hiott, Hodges, Hosey, Howard, Hutson, Jefferson, Jennings, Kelly, Kennedy, Kirsh, Knight, Leach, Limehouse, Littlejohn, Loftis, Lowe, Lucas, Mack, Mahaffey, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, Moss, Mulvaney, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rice, Rutherford, Sandifer, Scarborough, Scott, Sellers, Shoopman, Simrill, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Spires, Stavrinakis, Stewart, Talley, Taylor, Thompson, Toole, Umphlett, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Williams, Witherspoon and Young: A CONCURRENT RESOLUTION TO DECLARE APRIL 2008 AS "FAIR HOUSING MONTH" IN SOUTH CAROLINA AND TO RECOGNIZE AND SUPPORT "FAIR HOUSING MONTH" IN OUR STATE.

Whereas, the year 2008 marks the fortieth anniversary of the passage of Title VIII of the Civil Rights Act, commonly referred to as the Federal Fair Housing Act, which declared a national policy to provide fair access to housing throughout the United States; and

Whereas, Title VIII of the Civil Rights Act of 1968 was amended in 1988 to provide stronger enforcement and a larger protected class; and


Printed Page 2509 . . . . . Tuesday, April 15, 2008

Whereas, Chapter 21 was added to Title 31 of the South Carolina Code of Laws in 1989 to enact the South Carolina Fair Housing Law, providing enforcement and protection at the state level; and

Whereas, our fair housing laws prohibit discrimination in housing on the basis of race, color, religion, sex, national origin, familial status, or disability; and

Whereas, fairness is the foundation of our way of life and reflects the best of our traditional American values; and

Whereas, invidious discriminatory housing practices undermine the strength and vitality of South Carolina and its citizens; and

Whereas, all South Carolinians must continue to work to assure there are no victims of discriminatory housing practices and to make the ideal of fair housing a reality; and

Whereas, the most basic physical needs of all members in any society include the need for shelter, and those citizens both within and outside of the real estate profession who ensure the rights of everyone to obtain residential housing, either by renting or by purchasing, facilitate and perpetuate the American dream of family housing. Now, therefore,

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

That the members of the General Assembly of the State of South Carolina, by this resolution, declare April 2008 as "Fair Housing Month" in South Carolina and recognize and support "Fair Housing Month" in our State.

Be it further resolved that a copy of this resolution be forwarded to the South Carolina Association of Realtors.

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


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CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1284 (Word version) -- Senators Elliott, Sheheen and Lourie: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND BOBBY T. JONES OF CAMDEN FOR THREE TERMS OF FAITHFUL SERVICE ON THE SOUTH CAROLINA TRANSPORTATION COMMISSION AND TO WISH HIM SUCCESS AND HAPPINESS IN ALL HIS FUTURE ENDEAVORS.

The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.

ROLL CALL

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

Agnew                  Alexander              Allen
Anderson               Anthony                Bales
Ballentine             Bannister              Barfield
Battle                 Bedingfield            Bingham
Bowen                  Bowers                 Brady
Branham                Brantley               Breeland
G. Brown               R. Brown               Cato
Clemmons               Clyburn                Cobb-Hunter
Coleman                Cooper                 Crawford
Daning                 Dantzler               Davenport
Delleney               Duncan                 Erickson
Frye                   Funderburk             Gambrell
Gullick                Haley                  Hamilton
Hardwick               Harrell                Harrison
Hart                   Harvin                 Haskins
Herbkersman            Hiott                  Hodges
Howard                 Huggins                Hutson
Jefferson              Kennedy                Kirsh
Knight                 Leach                  Limehouse
Littlejohn             Loftis                 Lowe
Mahaffey               McLeod                 Merrill
Miller                 Moody-Lawrence         Moss
Mulvaney               J. H. Neal             Neilson
Ott                    Owens                  Parks
Perry                  Phillips               Pinson

Printed Page 2511 . . . . . Tuesday, April 15, 2008

M. A. Pitts            Rice                   Sandifer
Scarborough            Scott                  Shoopman
Simrill                Skelton                D. C. Smith
F. N. Smith            G. M. Smith            G. R. Smith
J. R. Smith            W. D. Smith            Spires
Stavrinakis            Stewart                Talley
Taylor                 Thompson               Toole
Umphlett               Weeks                  White
Whitmire               Williams               Witherspoon
Young

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Tuesday, April 15.

Jackie Hayes                      Edward H. "Ted" Pitts
Todd Rutherford                   Lonnie Hosey
Bakari Sellers                    Richard Chalk
Ted Vick                          James Neal
James Lucas                       Jerry Govan
David Mack                        Harold Mitchell
Jackson "Seth" Whipper            Robert Walker

Total Present--117

LEAVE OF ABSENCE

The SPEAKER granted Rep. KELLY a leave of absence for the day due to a family funeral.

STATEMENT OF ATTENDANCE

Rep. HOWARD signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Thursday, April 10.

DOCTOR OF THE DAY

Announcement was made that Dr. Ted Watson of Anderson was the Doctor of the Day for the General Assembly.

CO-SPONSORS ADDED

In accordance with House Rule 5.2 below:
"5.2   Every bill before presentation shall have its title endorsed; every report, its title at length; every petition, memorial, or other paper,


Printed Page 2512 . . . . . Tuesday, April 15, 2008

its prayer or substance; and, in every instance, the name of the member presenting any paper shall be endorsed and the papers shall be presented by the member to the Speaker at the desk. A member may add his name to a bill or resolution or a co-sponsor of a bill or resolution may remove his name at any time prior to the bill or resolution receiving passage on second reading. The member or co-sponsor shall notify the Clerk of the House in writing of his desire to have his name added or removed from the bill or resolution. The Clerk of the House shall print the member's or co-sponsor's written notification in the House Journal. The removal or addition of a name does not apply to a bill or resolution sponsored by a committee."

CO-SPONSOR ADDED

Bill Number:   H. 4554 (Word version)
Date:   ADD:
04/15/08   BEDINGFIELD

CO-SPONSOR ADDED

Bill Number:   H. 5003 (Word version)
Date:   ADD:
04/15/08   HODGES

CO-SPONSOR ADDED

Bill Number:   H. 5003 (Word version)
Date:   ADD:
04/15/08   ERICKSON

CO-SPONSOR ADDED

Bill Number:   H. 3101 (Word version)
Date:   ADD:
04/15/08   OWENS

CO-SPONSOR ADDED

Bill Number:   H. 3590 (Word version)
Date:   ADD:
04/15/08   STAVRINAKIS


Printed Page 2513 . . . . . Tuesday, April 15, 2008

CO-SPONSOR ADDED

Bill Number:   H. 4538 (Word version)
Date:   ADD:
04/15/08   STAVRINAKIS

CO-SPONSOR ADDED

Bill Number:   H. 4833 (Word version)
Date:   ADD:
04/15/08   HODGES

CO-SPONSOR ADDED

Bill Number:   H. 5019 (Word version)
Date:   ADD:
04/15/08   TALLEY

H. 4520--DEBATE ADJOURNED

Rep. COOPER moved to adjourn debate upon the following Bill, which was adopted:

H. 4520 (Word version) -- Reps. Cooper, Harrell, Cobb-Hunter, Walker, Perry, Battle, Skelton, Thompson, Alexander, Ballentine, Edge, Harrison, Hayes, Limehouse, J. H. Neal, Ott, Owens, Williams, Spires, Whipper, R. Brown, Hosey, Mitchell and Hodges: A BILL TO AMEND SECTION 59-147-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ISSUANCE OF REVENUE BONDS BY COLLEGES AND UNIVERSITIES, SO AS TO CLARIFY AND FURTHER SPECIFY WHAT FACILITIES ARE ELIGIBLE TO BE FINANCED UNDER THE HIGHER EDUCATION REVENUE BOND ACT; AND TO REPEAL SECTION 59-147-120 RELATING TO CERTAIN LIMITATIONS ON THE ISSUANCE OF REVENUE BONDS.

H. 4950--DEBATE ADJOURNED

Rep. COOPER moved to adjourn debate upon the following Bill until Wednesday, April 16, which was adopted:

H. 4950 (Word version) -- Rep. Cooper: A BILL TO AMEND TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAXATION, SO AS TO MAKE MISCELLANEOUS CHANGES.


Printed Page 2514 . . . . . Tuesday, April 15, 2008

H. 4554--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

H. 4554 (Word version) -- Reps. Cobb-Hunter and Bedingfield: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-57-245 SO AS TO PROVIDE THAT THE GOVERNING BODY OF A COUNTY OR MUNICIPALITY MAY NOT IMPOSE A LICENSE, OCCUPATION, OR PROFESSIONAL TAX OR FEE UPON REAL ESTATE LICENSEES, EXCEPT UPON THE BROKER-IN-CHARGE AT THE PLACE WHERE THE REAL ESTATE LICENSEE SHALL MAINTAIN A PRINCIPAL OR BRANCH OFFICE AND TO PROVIDE THAT A MUNICIPALITY MAY IMPOSE AN OCCUPATION, LICENSE, OR PROFESSIONAL TAX OR FEE UPON REAL ESTATE BROKERS-IN-CHARGE BASED UPON GROSS RECEIPTS ONLY FOR REAL ESTATE TRANSACTIONS WITH RESPECT TO PROPERTY LOCATED WITHIN ITS CORPORATE LIMITS, AND A COUNTY GOVERNING AUTHORITY MAY IMPOSE AN OCCUPATION, LICENSE, OR PROFESSIONAL TAX OR FEE UPON REAL ESTATE BROKERS-IN-CHARGE BASED UPON GROSS RECEIPTS ONLY FOR REAL ESTATE TRANSACTIONS WITH RESPECT TO PROPERTY LOCATED WITHIN THE UNINCORPORATED AREAS OF THE COUNTY.

The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GJK\ 20628SD08), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION   1.   Section 6-1-315 of the 1976 Code is amended to read:

"Section 6-1-315.   (A)   By ordinance adopted by a positive majority vote, a local governing body may impose a business license tax or increase the rate of a business license tax, authorized by Sections 4-9-30(12) and 5-7-30.

(B)(1)   Notwithstanding any other provision of law, the governing body of a county or municipality may not impose a license, occupation, or professional tax or fee upon real estate licensees, except upon the broker-in-charge at the place where the real estate licensee shall maintain a principal or branch office. The license, occupation, or professional tax or fee shall permit the broker-in-charge and the broker's affiliated associate brokers, salespersons, and property


Printed Page 2515 . . . . . Tuesday, April 15, 2008

managers to engage in all of the brokerage activities described in Chapter 57 of Title 40 without further licensing or taxing, other than the state licenses issued pursuant to Chapter 57 of Title 40 or pursuant to other provisions of law. No license, occupation, or professional tax or fee shall be required of the affiliated associate brokers, salespersons, or property managers of a broker-in-charge for such gross receipts upon which a license, occupation, or professional tax or fee has already been paid.

(2)   Brokered transactions of real property in counties or municipalities other than those in which the broker-in-charge maintains a principal or branch office create a nexus for imposition of a license, occupation, or professional tax or fee only with respect to gross receipts derived from transactions of property located in that county or municipality."
SECTION   2.   Section 5-7-30 of the 1976 Code is amended to read:

"Section 5-7-30.   Each municipality of the State, in addition to the powers conferred to its specific form of government, may enact regulations, resolutions, and ordinances, not inconsistent with the Constitution and general law of this State, including the exercise of powers in relation to roads, streets, markets, law enforcement, health, and order in the municipality or respecting any subject which appears to it necessary and proper for the security, general welfare, and convenience of the municipality or for preserving health, peace, order, and good government in it, including the authority to levy and collect taxes on real and personal property and as otherwise authorized in this section, make assessments, and establish uniform service charges relating to them; the authority to abate nuisances; the authority to provide police protection in contiguous municipalities and in unincorporated areas located not more than three miles from the municipal limits upon the request and agreement of the governing body of such contiguous municipality or the county, including agreement as to the boundaries of such police jurisdictional areas, in which case the municipal law enforcement officers shall have the full jurisdiction, authority, rights, privileges, and immunities, including coverage under the workers' compensation law, which they have in the municipality, including the authority to make arrests, and to execute criminal process within the extended jurisdictional area; provided, however, that this shall not extend the effect of the laws of the municipality beyond its corporate boundaries; grant franchises for the use of public streets and make charges for them; grant franchises and make charges for the use of public beaches; engage in the recreation function; levy a business


Printed Page 2516 . . . . . Tuesday, April 15, 2008

license tax on gross income, but a wholesaler delivering goods to retailers in a municipality is not subject to the business license tax unless he maintains within the corporate limits of the municipality a warehouse or mercantile establishment for the distribution of wholesale goods; and a business engaged in making loans secured by real estate is not subject to the business license tax unless it has premises located within the corporate limits of the municipality and no entity which is exempt from the license tax under another law nor a subsidiary or affiliate of an exempt entity is subject to the business license tax; borrow in anticipation of taxes; and pledge revenues to be collected and the full faith and credit of the municipality against its note and conduct advisory referenda. The municipal governing body may fix fines and penalties for the violation of municipal ordinances and regulations not exceeding five hundred dollars or imprisonment not exceeding thirty days, or both. If the person or business taxed pays a license tax to a county or to another municipality, the gross income for the purpose of computing the tax must be reduced by the amount of gross income taxed in the other county or municipality.

For the purpose of providing and maintaining parking for the benefit of a downtown commercial area, a municipality may levy a surtax upon the business license of a person doing business in a designated area in an amount not to exceed fifty percent of the current yearly business license tax upon terms and conditions fixed by ordinance of the municipal council. The area must be designated by council only after a petition is submitted by not less than two-thirds of the persons paying a business license tax in the area and who paid not less than one-half of the total business license tax collected for the preceding calendar year requesting the designation of the area. The business within the designated area which is providing twenty-five or more parking spaces for customer use is required to pay not more than twenty-five percent of a surtax levied pursuant to the provisions of this paragraph."
SECTION   3.   This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.

Rep. HUGGINS explained the amendment.
The amendment was then adopted.

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


Printed Page 2517 . . . . . Tuesday, April 15, 2008

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

Yeas 102; Nays 0

Those who voted in the affirmative are:

Agnew                  Alexander              Allen
Anderson               Anthony                Bales
Ballentine             Bannister              Barfield
Battle                 Bedingfield            Bingham
Bowen                  Bowers                 Brady
Branham                Brantley               Breeland
G. Brown               R. Brown               Cato
Chalk                  Clemmons               Clyburn
Cobb-Hunter            Cooper                 Crawford
Daning                 Dantzler               Davenport
Duncan                 Erickson               Frye
Funderburk             Gambrell               Govan
Gullick                Haley                  Hardwick
Harrell                Harrison               Hart
Harvin                 Haskins                Hayes
Hiott                  Hodges                 Hosey
Huggins                Hutson                 Jefferson
Kirsh                  Knight                 Leach
Limehouse              Littlejohn             Loftis
Lowe                   Lucas                  Mahaffey
McLeod                 Merrill                Miller
Moody-Lawrence         Moss                   Mulvaney
J. H. Neal             J. M. Neal             Neilson
Ott                    Owens                  Parks
Perry                  Phillips               Pinson
E. H. Pitts            M. A. Pitts            Rice
Rutherford             Sandifer               Scarborough
Scott                  Sellers                Shoopman
Simrill                Skelton                G. M. Smith
G. R. Smith            J. R. Smith            Stavrinakis
Stewart                Talley                 Taylor
Thompson               Umphlett               Vick
Weeks                  White                  Whitmire
Williams               Witherspoon            Young

Total--102


Printed Page 2518 . . . . . Tuesday, April 15, 2008

Those who voted in the negative are:

Total--0

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

S. 1258--COMMITTED

The following Bill was taken up:

S. 1258 (Word version) -- Senators O'Dell and Drummond: A BILL TO PROVIDE THAT A SURVEYOR LICENSED IN THIS STATE MAY REVIEW COMPOSITE MAPS OF LAKE GREENWOOD AND CERTIFY TO THE FEDERAL ENERGY REGULATORY COMMISSION, BY SIGNING AND SEALING AN APPROPRIATE WORDED CERTIFICATE ON THE MAPS, THAT THE LINES SHOWN THEREON MEET OR EXCEED THE LEVEL OF ACCURACY REQUIRED BY FEDERAL REGULATIONS, TO PROVIDE THAT A MAP PREPARED IN ACCORDANCE WITH THE ABOVE IS NOT A LAND SURVEY, AND TO PROVIDE THAT IT SHALL BE UNLAWFUL FOR A PERSON TO EXECUTE A DEED, MORTGAGE, OR ANY OTHER CONVEYANCING INSTRUMENT REFERENCING SUCH A MAP, AND THAT ANY ATTEMPTED CONVEYANCE REFERENCING SUCH A MAP SHALL BE VOID.

Rep. HARRISON moved to commit the Bill to the Committee on Judiciary.

Rep. M. A. PITTS moved to table the motion, which was not agreed to.

The question then recurred to the motion to commit the Bill, which was agreed to.

S. 1077--DEBATE ADJOURNED

Rep. CATO moved to adjourn debate upon the following Bill until Wednesday, April 16, which was adopted:

S. 1077 (Word version) -- Senators Rankin, Hutto and McConnell: A BILL TO AMEND SECTION 11-35-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROCUREMENT, BY


Printed Page 2519 . . . . . Tuesday, April 15, 2008

EXEMPTING THE LICENSES GRANTED BY THE FEDERAL COMMUNICATIONS COMMISSION TO GREENVILLE TECHNICAL COLLEGE AND TRIDENT TECHNICAL COLLEGE THAT AUTHORIZE THE USE OF THE EDUCATIONAL BROADBAND SERVICE SPECTRUM.

S. 1039--DEBATE ADJOURNED

Rep. TALLEY moved to adjourn debate upon the following Bill until Wednesday, April 16, which was adopted:

S. 1039 (Word version) -- Senator Verdin: A BILL TO AMEND SECTION 23-31-510 OF THE 1976 CODE, RELATING TO THE PROHIBITION AGAINST REGULATION OF CERTAIN MATTERS, TO PROVIDE THAT COUNTIES AND MUNICIPALITIES MAY NOT ENACT REGULATIONS TO PROHIBIT A LANDOWNER FROM DISCHARGING A FIREARM ON HIS PROPERTY TO PROTECT FAMILY MEMBERS, EMPLOYEES, OR THE GENERAL PUBLIC FROM ANIMALS POSING A DIRECT THREAT OR DANGER ON A PARCEL OF LAND COMPRISED OF AT LEAST TWENTY-FIVE CONTIGUOUS ACRES.

H. 3359--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

H. 3359 (Word version) -- Reps. Gullick, Mulvaney, Simrill, Kirsh, Delleney and Shoopman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-3-135 SO AS TO PROVIDE THAT A MARRIAGE DECLARED VOID AB INITIO BY REASON OF FRAUD DOES NOT RELIEVE THE PARTY COMMITTING THE FRAUD OF THE REQUIREMENTS OF EQUITABLE DISTRIBUTION OR THE DUTY OF SPOUSAL SUPPORT OR CHILD SUPPORT AND TO PROVIDE THAT A CHILD BORN DURING THE RELATIONSHIP IS PRESUMED TO BE THE CHILD OF THE PARTIES FOR PURPOSES OF CHILD SUPPORT.

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\NBD\12244AC08), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:


Printed Page 2520 . . . . . Tuesday, April 15, 2008

/SECTION   1.   Article 1, Chapter 3, Title 20 of the 1976 Code is amended by adding:

"Section 20-3-135.   A marriage that would otherwise be lawful that is declared void ab initio by reason of fraud, does not relieve the party committing the fraud of the duty to provide spousal support that would have otherwise existed pursuant to Section 20-3-130."
SECTION   2.   This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.

Rep. TALLEY explained the amendment.
The amendment was then adopted.

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

H. 4864--DEBATE ADJOURNED

Rep. HARRISON moved to adjourn debate upon the following Bill until Wednesday, April 16, which was adopted:

H. 4864 (Word version) -- Reps. Edge and Cotty: A BILL TO AMEND SECTION 1-23-500, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ESTABLISHMENT OF THE SOUTH CAROLINA ADMINISTRATIVE LAW COURT, SO AS TO DELETE THE REFERENCE TO THE SPECIFIC RETIREMENT SYSTEM APPLICABLE TO JUDGES OF THIS COURT AND TO AMEND SECTION 9-11-25, AS AMENDED, RELATING TO THE ELECTION ALLOWED PROBATE JUDGES TO PARTICIPATE IN THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM (SCPORS), SO AS TO ALLOW A SIMILAR ELECTION FOR ADMINISTRATIVE LAW COURT JUDGES SERVING BEFORE JULY 1, 2008, AND TO PROVIDE THAT ALL ADMINISTRATIVE LAW COURT JUDGES TAKING OFFICE AFTER JUNE 30, 2008, SHALL PARTICIPATE IN SCPORS.


Printed Page 2521 . . . . . Tuesday, April 15, 2008

S. 71--DEBATE ADJOURNED

Rep. HARRISON moved to adjourn debate upon the following Bill until Wednesday, April 16, which was adopted:

S. 71 (Word version) -- Senators Ryberg, Bryant, Cromer, Richardson, Fair and Ford: A BILL TO AMEND SECTION 44-76-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO IMMUNITY FROM CIVIL LIABILITY FOR PERSONS ADMINISTERING, USING, ACQUIRING, OR PRESCRIBING AN AUTOMATED EXTERNAL DEFIBRILLATOR (AED), TO PROVIDE SUCH IMMUNITY FOR PERSONS PROVIDING TRAINING FOR CARDIOPULMONARY RESUSCITATION THAT INCLUDES TRAINING IN THE USE OF AN AED.

H. 3740--DEBATE ADJOURNED

Rep. HARRISON moved to adjourn debate upon the following Bill until Wednesday, April 16, which was adopted:

H. 3740 (Word version) -- Rep. Rutherford: A BILL TO AMEND SECTION 17-5-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VACANCIES IN THE OFFICE OF CORONER, SO AS TO REVISE THE MANNER IN WHICH A VACANCY IS FILLED AND FOR THE MANNER IN WHICH THE DUTIES OF THE CORONER SHALL BE PERFORMED; TO AMEND SECTION 17-5-70, AS AMENDED, RELATING TO THE APPOINTMENT OF DEPUTIES BY THE COUNTY CORONER, SO AS TO PERMIT THE COUNTY CORONER TO ALSO APPOINT INVESTIGATORS AS WELL AS DEPUTIES AND TO MAKE THESE APPOINTMENTS DISCRETIONARY RATHER THAN MANDATORY; TO AMEND SECTION 17-7-10, RELATING TO ORDERING OF AUTOPSIES, SO AS TO REQUIRE THE CORONER AND MEDICAL EXAMINER TO IMMEDIATELY REQUEST AN AUTOPSY IF A CHILD'S DEATH IS UNATTENDED; TO AMEND SECTION 20-7-5915, AS AMENDED, RELATING TO THE PURPOSES AND DUTIES OF THE STATE LAW ENFORCEMENT DIVISION IN REGARD TO INVESTIGATING CHILD DEATHS, SO AS TO FURTHER PROVIDE FOR THE MANNER IN WHICH AND CONDITIONS UNDER WHICH AUTOPSIES ARE PERFORMED IN THESE CIRCUMSTANCES; TO AMEND SECTION 20-7-5920, AS AMENDED, RELATING TO THE DUTIES OF THE STATE CHILD FATALITY ADVISORY COMMITTEE, SO AS TO


Printed Page 2522 . . . . . Tuesday, April 15, 2008

PROVIDE THAT THE COMMITTEE ALSO SHALL MEET WITH THE CORONER FROM THE COUNTY IN WHICH CHILD DEATHS OCCUR; AND TO REPEAL SECTION 17-5-80 RELATING TO A MAGISTRATE ACTING AS A CORONER IN CERTAIN CASES.

H. 3590--REQUESTS FOR DEBATE

The following Bill was taken up:

H. 3590 (Word version) -- Reps. G. R. Smith, Bowen, Duncan, Haskins, Littlejohn, Lowe, Bedingfield and Stavrinakis: A BILL TO ENACT THE "SOUTH CAROLINA RESTRUCTURING ACT OF 2007" INCLUDING PROVISIONS TO AMEND SECTION 1-30-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AGENCIES OF THE EXECUTIVE BRANCH OF STATE GOVERNMENT BY ADDING THE DEPARTMENT OF ADMINISTRATION; BY ADDING SECTION 1-30-125 SO AS TO ESTABLISH THE DEPARTMENT OF ADMINISTRATION AS AN AGENCY OF THE EXECUTIVE BRANCH OF STATE GOVERNMENT TO BE HEADED BY A DIRECTOR APPOINTED BY THE GOVERNOR UPON THE ADVICE AND CONSENT OF THE GENERAL ASSEMBLY, AND TO TRANSFER TO THIS NEWLY CREATED DEPARTMENT CERTAIN OFFICES AND DIVISIONS OF THE STATE BUDGET AND CONTROL BOARD, OFFICE OF THE GOVERNOR, AND OTHER AGENCIES, AND TO PROVIDE FOR TRANSITIONAL AND OTHER PROVISIONS NECESSARY TO ACCOMPLISH THE ABOVE; BY ADDING CHAPTER 8 TO TITLE 1 SO AS TO CREATE THE OFFICE OF STATE INSPECTOR GENERAL AS A SEPARATE DIVISION WITHIN THE DEPARTMENT OF ADMINISTRATION, TO PROVIDE THAT THE STATE INSPECTOR GENERAL MUST BE APPOINTED BY THE GOVERNOR UPON THE ADVICE AND CONSENT OF THE GENERAL ASSEMBLY, TO PROVIDE FOR THE PURPOSE, DUTIES, RESPONSIBILITIES, AND AUTHORITY OF THE STATE INSPECTOR GENERAL, TO PROVIDE A DEFINITION OF "EXECUTIVE AGENCIES" FOR PURPOSES OF THIS CHAPTER, AND TO PROVIDE FOR THE RECEIPT AND INVESTIGATION OF COMPLAINTS RELATING TO IMPROPER OR UNLAWFUL ACTIVITY WITHIN EXECUTIVE AGENCIES OF THE STATE GOVERNMENT; BY ADDING ARTICLE 6 TO CHAPTER 3 OF TITLE 1 SO AS TO ESTABLISH THE DIVISION


Printed Page 2523 . . . . . Tuesday, April 15, 2008

OF THE STATE CHIEF INFORMATION OFFICER WITHIN THE DEPARTMENT OF ADMINISTRATION TO BE HEADED BY THE STATE CHIEF INFORMATION OFFICER, TO PROVIDE THAT THE STATE CHIEF INFORMATION OFFICER SHALL BE APPOINTED BY THE GOVERNOR UPON THE ADVICE AND CONSENT OF THE GENERAL ASSEMBLY, AND TO PROVIDE FOR THE POWERS, DUTIES, AND FUNCTIONS OF THE DIVISION; TO CREATE A JOINT INFORMATION TECHNOLOGY REVIEW COMMITTEE, AN INFORMATION TECHNOLOGY BUSINESS CASE REVIEW PANEL, AND AN INFORMATION TECHNOLOGY ARCHITECTURE OVERSIGHT PANEL AND TO PROVIDE FOR THE FUNCTIONS, POWERS, AND RESPONSIBILITIES OF THE COMMITTEE AND PANELS; TO AMEND SECTION 11-35-1580, AS AMENDED, RELATING TO INFORMATION TECHNOLOGY PROCUREMENTS, SO AS TO DELETE CERTAIN RESPONSIBILITIES OF THE INFORMATION TECHNOLOGY MANAGEMENT OFFICE; TO AMEND SECTIONS 1-10-10, 1-11-20, AS AMENDED, 1-11-22, 1-11-55, 1-11-56, 1-11-58, 1-11-65, 1-11-67, 1-11-70, 1-11-80, 1-11-90, 1-11-100, 1-11-110, 1-11-180, 1-11-220, 1-11-225, 1-11-250, 1-11-260, 1-11-270, 1-11-280, 1-11-290, 1-11-300, 1-11-310, 1-11-315, 1-11-320, 1-11-335, 1-11-340, 1-11-435, 2-13-240, AS AMENDED, CHAPTER 9 OF TITLE 3; 10-1-10, 10-1-30, AS AMENDED, 10-1-40, 10-1-130, 10-1-190, AS AMENDED, CHAPTER 9 OF TITLE 10, 10-11-50, AS AMENDED, 10-11-90, 10-11-110, 10-11-140, 10-11-330; 11-9-610, 11-9-620, 11-9-630, 11-35-3810, 11-35-3820, 11-35-3830, 11-35-3840, 13-7-30, 13-7-830, ALL AS AMENDED, 48-46-30, AS AMENDED, 48-46-40, AS AMENDED, 48-46-50, 48-46-60, 48-46-90, 44-53-530, AS AMENDED, AND 44-96-140; AND TO ADD SECTION 1-11-185 ALL RELATING TO VARIOUS AGENCY OR DEPARTMENT PROVISIONS SO AS TO CONFORM THEM TO THE ABOVE PROVISIONS PERTAINING TO THE NEW DEPARTMENT OF ADMINISTRATION OR TO SUPPLEMENT SUCH PROVISIONS.

Reps. HARRISON, MERRILL, SKELTON, HAYES, CRAWFORD, HERBKERSMAN, BEDINGFIELD, DANING, GAMBRELL, WEEKS, HALEY and LEACH requested debate on the Bill.


Printed Page 2524 . . . . . Tuesday, April 15, 2008

H. 4538--REQUESTS FOR DEBATE

The following Bill was taken up:

H. 4538 (Word version) -- Reps. Funderburk, McLeod and Stavrinakis: A BILL TO ENACT THE "GOVERNMENT ACCOUNTABILITY ACT OF 2008", INCLUDING PROVISIONS TO AMEND SECTION 8-27-10(4), RELATING TO THE DEFINITION OF REPORT FOR THE PURPOSES OF THE EMPLOYMENT PROTECTION FOR REPORTS OF VIOLATIONS OF STATE OR FEDERAL LAW OR REGULATION BY PROVIDING THAT A REPORT MAY BE A WRITTEN OR ORAL ALLEGATION OR TESTIMONY TO A LEGISLATIVE COMMITTEE; BY ADDING CHAPTER 2 TO TITLE 2, RELATING TO LEGISLATIVE OVERSIGHT OF EXECUTIVE DEPARTMENTS, TO PROVIDE THAT THE STANDING COMMITTEES OF THE GENERAL ASSEMBLY HAVE A DUTY TO REVIEW AND STUDY THE OPERATIONS OF THE STATE AGENCIES WITHIN THE COMMITTEE'S JURISDICTION, TO ESTABLISH COMMITTEE OVERSIGHT JURISDICTION, TO PROVIDE FOR THE PROCESS BY WHICH A COMMITTEE MAY INITIATE AN OVERSIGHT STUDY OR INVESTIGATION, TO PROVIDE FOR THE MANNER IN WHICH AN INVESTIGATING COMMITTEE MAY ACQUIRE EVIDENCE OR INFORMATION RELATED TO THE STUDY OR INVESTIGATION, TO PROVIDE FOR PROGRAM EVALUATION REPORTS, THE MANNER IN WHICH THEY ARE REQUESTED, AND THE CONTENTS OF THE REPORTS, TO PROVIDE THAT ALL TESTIMONY GIVEN TO AN INVESTIGATING COMMITTEE MUST BE GIVEN UNDER OATH, TO PROVIDE THAT WITNESSES TESTIFYING IN FRONT OF AN INVESTIGATING COMMITTEE MAY BE REPRESENTED BY COUNSEL, AND TO PROVIDE THAT WITNESSES ARE GIVEN THE BENEFIT OF ANY PRIVILEGE WHICH HE COULD HAVE CLAIMED IN COURT AS A PARTY TO A CIVIL ACTION; TO AMEND TITLE 11 OF CHAPTER 11 BY ADDING SECTION 11-11-85 TO REQUIRE THE GOVERNOR'S ANNUAL STATE BUDGET RECOMMENDATION AND THE REPORTS OF THE HOUSE COMMITTEE ON WAYS AND MEANS AND THE SENATE FINANCE COMMITTEE ON THE ANNUAL GENERAL APPROPRIATIONS ACT TO BE IN A PROGRAMMATIC FORMAT BY PROVIDING A NARRATIVE DESCRIPTION OF EACH SEPARATE PROGRAM ADMINISTERED BY A STATE


Printed Page 2525 . . . . . Tuesday, April 15, 2008

AGENCY AND PROVIDING THE ELEMENTS THAT MUST BE INCLUDED IN THE NARRATIVE, TO REQUIRE THE BUDGET RECOMMENDATION FOR AN AGENCY TO INCLUDE AN OVERALL BUDGET RECOMMENDATION BY BUDGET CATEGORY AND A SIMILAR RECOMMENDATION FOR EACH SEPARATE PROGRAM ADMINISTERED BY THE AGENCY AND THE SPECIFIC SOURCE OF FUNDS APPROPRIATED FOR THE AGENCY; TO REPEAL CHAPTER 3 OF TITLE 11, RELATING TO THE COMPTROLLER GENERAL, TO TRANSFER TO THE STATE AUDITOR THE COMPTROLLER GENERAL'S POWERS AND DUTIES, TO AMEND SECTION 1-11-10, RELATING TO THE COMPOSITION OF THE BUDGET AND CONTROL BOARD, TO PROVIDE THAT THE ATTORNEY GENERAL SHALL REPLACE THE COMPTROLLER GENERAL ON THE BUDGET AND CONTROL BOARD, TO AMEND SECTIONS 11-5-130 AND 11-5-180, RELATING TO THE COMPTROLLER GENERAL, TO CONFORM THEM TO THE PROVISIONS PERTAINING TO THE TRANSFER OF DUTIES TO THE STATE AUDITOR FROM THE COMPTROLLER GENERAL; TO REPEAL CHAPTER 5 OF TITLE 1, RELATING TO THE SECRETARY OF STATE, TO AMEND SECTION 1-30-25, RELATING TO THE DEPARTMENT OF COMMERCE, BY TRANSFERRING CERTAIN POWERS, DUTIES, AND FUNCTIONS TO THE DEPARTMENT OF COMMERCE FROM THE SECRETARY OF STATE, TO AMEND CHAPTER 7 OF TITLE 1, RELATING TO THE ATTORNEY GENERAL, BY ADDING ARTICLE 9 TO TRANSFER CERTAIN POWERS, DUTIES, AND FUNCTIONS TO THE ATTORNEY GENERAL FROM THE SECRETARY OF STATE; TO AMEND CHAPTER 1 OF TITLE 5, RELATING TO INCORPORATION OF MUNICIPAL CORPORATIONS, CHAPTER 1 OF TITLE 26, RELATING NOTARIES PUBLIC, CHAPTER 56 OF TITLE 33, RELATING TO SOLICITATION OF CHARITABLE FUNDS, ARTICLE 11, CHAPTER 15 OF TITLE 39, RELATING TO TRADEMARKS AND SERVICE MARKS, ARTICLE 3, CHAPTER 12 OF TITLE 58, RELATING TO STATE-ISSUED FRANCHISE AUTHORITY FOR CABLE SERVICE PROVIDERS, SECTIONS 39-57-60, 39-57-55, 5-3-90, 5-3-280, 26-6-190, 15-9-245, 6-11-1620, 6-11-1630, 6-11-1640, 39-15-420, 39-15-430, 39-15-440, 39-15-450, AND 39-15-490, ALL RELATING TO VARIOUS POWERS AND DUTIES OF THE SECRETARY OF STATE TO CONFORM THEM TO THE PROVISIONS TRANSFERRING THOSE POWERS, DUTIES, AND

Printed Page 2526 . . . . . Tuesday, April 15, 2008

FUNCTIONS TO THE DEPARTMENT OF COMMERCE AND THE ATTORNEY GENERAL, RESPECTIVELY; TO AMEND SECTION 46-3-30, RELATING TO THE QUALIFICATIONS FOR THE COMMISSIONER OF AGRICULTURE, TO PROVIDE THAT THE GOVERNOR APPOINTS THE COMMISSIONER WITH THE ADVICE AND CONSENT OF THE SENATE AND THAT THE COMMISSIONER MAY BE REMOVED FROM OFFICE BY THE GOVERNOR AS PROVIDED IN SECTION 1-3-240(C), TO REPEAL SECTION 46-3-40, RELATING TO THE ELECTION AND TERM OF THE COMMISSIONER OF AGRICULTURE, TO AMEND SECTION 1-3-240(C)(1), RELATING TO THE REMOVAL OF OFFICERS BY THE GOVERNOR, TO PROVIDE THAT THE GOVERNOR MAY REMOVE THE COMMISSIONER OF AGRICULTURE FROM OFFICE FOR MALFEASANCE, MISFEASANCE, INCOMPETENCY, ABSENTEEISM, CONFLICTS OF INTEREST, MISCONDUCT, PERSISTENT NEGLECT OF DUTY IN OFFICE, OR INCAPACITY; TO AMEND SECTION 1-3-240(C)(1), RELATING TO THE REMOVAL OF OFFICERS BY THE GOVERNOR, TO PROVIDE THAT THE STATE INSPECTOR GENERAL MAY BE REMOVED FROM OFFICE FOR MALFEASANCE, MISFEASANCE, INCOMPETENCY, ABSENTEEISM, CONFLICTS OF INTEREST, MISCONDUCT, PERSISTENT NEGLECT OF DUTY IN OFFICE, OR INCAPACITY, TO AMEND TITLE 1, RELATING TO GENERAL PROVISIONS FOR THE ADMINISTRATION OF THE GOVERNMENT, BY ADDING CHAPTER 6 TO CREATE THE OFFICE OF THE STATE INSPECTOR GENERAL, TO PROVIDE THAT THE STATE INSPECTOR GENERAL IS APPOINTED BY THE GOVERNOR WITH THE ADVICE AND CONSENT OF THE SENATE, TO AUTHORIZE THE STATE INSPECTOR GENERAL TO ADDRESS FRAUD, WASTE, ABUSE, AND WRONGDOING WITHIN THE SOUTH CAROLINA EXECUTIVE GOVERNMENT AGENCIES, AND TO PROVIDE THE POWERS, DUTIES, AND FUNCTIONS OF THE OFFICE; TO AMEND SECTION 1-30-10, RELATING TO THE AGENCIES OF THE EXECUTIVE BRANCH OF STATE GOVERNMENT, BY ADDING THE DEPARTMENT OF ADMINISTRATION; BY ADDING SECTION 1-30-125 TO ESTABLISH THE DEPARTMENT OF ADMINISTRATION AS AN AGENCY OF THE EXECUTIVE BRANCH OF STATE GOVERNMENT TO BE HEADED BY A DIRECTOR APPOINTED BY THE GOVERNOR UPON THE ADVICE AND CONSENT OF

Printed Page 2527 . . . . . Tuesday, April 15, 2008

THE SENATE, AND TO TRANSFER TO THIS NEWLY CREATED DEPARTMENT CERTAIN OFFICES AND DIVISIONS OF THE STATE BUDGET AND CONTROL BOARD, OFFICE OF THE GOVERNOR, AND OTHER AGENCIES, AND TO PROVIDE FOR TRANSITIONAL AND OTHER PROVISIONS NECESSARY TO ACCOMPLISH THE ABOVE; BY ADDING ARTICLE 6 TO CHAPTER 3 OF TITLE 1 SO AS TO ESTABLISH THE DIVISION OF THE STATE CHIEF INFORMATION OFFICER WITHIN THE DEPARTMENT OF ADMINISTRATION TO BE HEADED BY THE STATE CHIEF INFORMATION OFFICER, TO PROVIDE THAT THE STATE CHIEF INFORMATION OFFICER SHALL BE APPOINTED BY THE GOVERNOR UPON THE ADVICE AND CONSENT OF THE SENATE, AND TO PROVIDE FOR THE POWERS, DUTIES, AND FUNCTIONS OF THE DIVISION; TO CREATE A JOINT INFORMATION TECHNOLOGY REVIEW COMMITTEE, AN INFORMATION TECHNOLOGY BUSINESS CASE REVIEW PANEL, AND AN INFORMATION TECHNOLOGY ARCHITECTURE OVERSIGHT PANEL AND TO PROVIDE FOR THE FUNCTIONS, POWERS, AND RESPONSIBILITIES OF THE COMMITTEE AND PANELS; TO AMEND SECTION 11-35-1580, AS AMENDED, RELATING TO INFORMATION TECHNOLOGY PROCUREMENTS, SO AS TO DELETE CERTAIN RESPONSIBILITIES OF THE INFORMATION TECHNOLOGY MANAGEMENT OFFICE; TO AMEND SECTIONS 1-10-10, 1-11-20, AS AMENDED, 1-11-22, 1-11-55, 1-11-56, 1-11-58, 1-11-65, 1-11-67, 1-11-70, 1-11-80, 1-11-90, 1-11-100, 1-11-110, 1-11-180, 1-11-220, 1-11-225, 1-11-250, 1-11-260, 1-11-270, 1-11-280, 1-11-290, 1-11-300, 1-11-310, 1-11-315, 1-11-320, 1-11-335, 1-11-340, 1-11-435, 2-13-240, CHAPTER 9 OF TITLE 3; 10-1-10, 10-1-30, AS AMENDED, 10-1-40, 10-1-130, 10-1-190, CHAPTER 9 OF TITLE 10, 10-11-50, AS AMENDED, 10-11-90, 10-11-110, 11-9-610, 11-9-620, 11-9-630, 11-35-3810, 11-35-3820, 11-35-3830, 11-35-3840, 13-7-30, 13-7-830, ALL AS AMENDED, 48-46-30, 48-46-40, AS AMENDED, 48-46-50, 48-46-60, 48-46-90, 48-52-410, 48-52-440, AS AMENDED, 48-52-460, 48-52-680, 44-53-530, AS AMENDED, AND 44-96-140; AND TO ADD SECTION 1-11-185, ALL RELATING TO VARIOUS AGENCY OR DEPARTMENT PROVISIONS SO AS TO CONFORM THEM TO THE ABOVE PROVISIONS PERTAINING TO THE NEW DEPARTMENT OF ADMINISTRATION OR TO SUPPLEMENT SUCH PROVISIONS.


Printed Page 2528 . . . . . Tuesday, April 15, 2008

Reps. HARRISON, MERRILL, SKELTON, MULVANEY, WEEKS, TOOLE, SPIRES, STAVRINAKIS, SHOOPMAN, DAVENPORT, G. R. SMITH, ANTHONY, HARVIN and DANING requested debate on the Bill.

H. 4930--POINT OF ORDER

The following Bill was taken up:

H. 4930 (Word version) -- Rep. G. M. Smith: A BILL TO AMEND SECTION 16-17-680, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO UNLAWFUL PURCHASE OF COPPER, SO AS TO PROVIDE THAT THE PURCHASER OF CERTAIN METALS FROM A PERSON WHO IS NOT AN AUTHORIZED RETAILER OR WHOLESALER MUST PAY BY CHECK OR MONEY ORDER, OBTAIN THE SELLER'S IDENTIFICATION NUMBER AND LICENSE PLATE, AND MAINTAIN THE RECORD FOR FIVE YEARS; AND BY ADDING SECTION 16-11-523, SO AS TO PROVIDE THAT IT IS UNLAWFUL TO WILFULLY AND MALICIOUSLY CUT, MUTILATE, OR DEFACE REAL PROPERTY FOR THE PURPOSE OF OBTAINING CERTAIN METALS, TO PROVIDE PENALTIES, AND TO PROVIDE CIVIL LIABILITY FOR THE VICTIMS OF THE ATTEMPTED THEFT OF CERTAIN METALS.

POINT OF ORDER

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

H. 4552--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

H. 4552 (Word version) -- Reps. Harrison, M. A. Pitts, Kirsh, Jennings and McLeod: A BILL TO AMEND ARTICLE 13, CHAPTER 13, TITLE 58, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIAL OFFICERS AND CONSTABLES, SO AS TO AUTHORIZE UTILITY POLICE OFFICERS, DEFINE TERMS RELATED TO INCLUDING UTILITY POLICE OFFICERS IN THE


Printed Page 2529 . . . . . Tuesday, April 15, 2008

ARTICLE, AND TO PROVIDE A PROCEDURE FOR THE APPOINTMENT OF UTILITY POLICE OFFICERS.

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\MS\7586AHB08), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION   1.   Article 13, Chapter 13, Title 58 of the 1976 Code is amended to read:

"Article 13
Special Officers, and Constables, and Utility Police Officers

Section 58-13-900.   As used in this article:

(a)   'Director of utility police' means the principal officer or employee designated by a utility to provide law enforcement services for that utility.

(b)   'Utility' means an electric or gas utility subject to regulation by the Public Service Commission pursuant to Chapters 5 and 27 of Title 58, which serves more than one hundred thousand customers in this State.

(c)   'Utility police officer' means an officer employed by a utility, or employed by an affiliate company of the utility, if the affiliate company provides law enforcement services to the utility, to provide law enforcement to that utility and duly trained and certified pursuant to Article 9, Chapter 6, Title 23, in accordance with the training and certification standards established for other state law enforcement officers. Utility police officers are vested with all powers and duties conferred by law upon state law enforcement officers with similar training and certification but are not eligible to participate in the Police Officers' Retirement System. Utility police officer does not include security personnel employed by a utility pursuant to 10 CFR Section 73.55 of the Nuclear Regulatory Commission regulations.

Section 58-13-910.   Upon the application of the superintendent or manager of a railway or other common carrier doing business in this State or the director of utility police, the Governor shall certify special officers, or constables, or utility police officers for the protection and safety of all property and interest of the common carrier or utility, if the officers, and constables, or utility police officers are paid by the common carrier or utility applying for their certification. Special officers, or constables, or utility police officers appointed pursuant to the laws of another state for protection of interstate shipments, passengers, assets, infrastructure, and employees of railroad or utility


Printed Page 2530 . . . . . Tuesday, April 15, 2008

companies commissioned as railroad or utility police officers in another state in which the common carrier or utility operates and who meet all law enforcement training standards required in this State must be certified under the doctrine of full faith and credit with capacity in this State to enforce the laws for the protection of interstate shipments, passengers, assets, infrastructure, and employees of railroad or utility companies. The capacity may not be interpreted as a state commission but exists by virtue of the State of South Carolina under the doctrine of full faith and credit recognizing and giving full force and effect under our laws to the legal capacity created in the complying state.

Section 58-13-920.   Such special Special officers, or constables, or utility police officers shall have all the powers, duties, and responsibilities of deputy sheriffs and other police officers, and their commissions shall continue so long as they are employed in such this capacity by the railway, or other common carrier, or utility. But the Governor shall revoke their commissions upon request of the superintendent or manager of the railway or other common carrier or the director of utility police upon whose application they were appointed and the Governor may also at any time revoke such these commissions for cause. The utility police officers may only take action in situations that pose an adverse effect on the utility, its infrastructure, or its employees and shall notify local or county law enforcement officials of their presence within the jurisdiction prior to taking law enforcement action except in the presence of an imminent threat, danger, or other emergency situation. In this case, notification must be made as soon as practical after the situation is rendered safe.

Section 58-13-930.   Each special officer, or constable, or utility police officer appointed under pursuant to the provisions of this chapter article shall be is required to enter into a good and sufficient bond in the sum of five hundred dollars, conditioned for the faithful performance of his duties, such the bond to be approved by the Attorney General.

Section 58-13-940.   Nothing herein shall The provisions of this article do not limit the liability of any a common carrier or utility for any a trespass or tort of such a special officer, or constable, or utility police officer.

Section 58-13-950.   The director of utility police shall appoint and designate persons for the position of utility police officer, unless after a due investigation, it appears these persons are not qualified to serve as a law enforcement officer of the State. Qualified persons must attend, be trained, and certified at the South Carolina Criminal Justice


Printed Page 2531 . . . . . Tuesday, April 15, 2008

Academy or successor agency at the sole expense of the utility. The utility must reimburse the academy for all expenses associated with the training. The appointment granted pursuant to the provisions of this section may be for a limited or general certification as the director of utility police requests and deems appropriate and is effective upon the completion of training and certification."
SECTION   2.   This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.

Rep. G. M. SMITH explained the amendment.
The amendment was then adopted.

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

ORDERED TO THIRD READING

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

H. 4433 (Word version) -- Reps. Bowers and Brantley: A BILL TO AMEND SECTION 7-7-300, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN HAMPTON COUNTY, SO AS TO DELETE POLLING PLACE LOCATIONS IN THE VOTING PRECINCTS OF HAMPTON COUNTY, TO DESIGNATE A MAP NUMBER FOR THE MAP ON WHICH LINES OF THESE PRECINCTS ARE DELINEATED AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICS OF THE STATE BUDGET AND CONTROL BOARD, AND TO AUTHORIZE THE HAMPTON COUNTY BOARD OF ELECTIONS AND VOTER REGISTRATION, WITH THE APPROVAL OF A MAJORITY OF THE HAMPTON COUNTY LEGISLATIVE DELEGATION, TO DETERMINE THE POLLING PLACES FOR THE PRECINCTS IN HAMPTON COUNTY.

H. 5003 (Word version) -- Reps. Miller, Hodges and Erickson: A JOINT RESOLUTION TO DIRECT THE STATE TREASURER IN FISCAL YEAR 2008-2009 TO TRANSFER FROM THE HOMESTEAD EXEMPTION FUND TO THE EDUCATION FINANCE ACT RESERVE FUND SUFFICIENT MONIES, AS DETERMINED BY


Printed Page 2532 . . . . . Tuesday, April 15, 2008

THE DEPARTMENT OF EDUCATION AFTER CONSULTATION WITH THE DEPARTMENT OF REVENUE, TO PROVIDE EACH SCHOOL DISTRICT OF THIS STATE WITH STATE FUNDING UNDER THE EDUCATION FINANCE ACT FOR FISCAL YEAR 2008-2009, AT LEAST EQUAL TO WHAT THE SCHOOL DISTRICT RECEIVED IN STATE FUNDING UNDER THE EDUCATION FINANCE ACT FOR FISCAL YEAR 2007-2008.

Rep. COOPER explained the Joint Resolution.

H. 5008--COMMITTED

The following Bill was taken up:

H. 5008 (Word version) -- Reps. Crawford, Lowe, Branham, Williams and Alexander: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 3 TO CHAPTER 133, TITLE 59 SO AS TO ALLOW THE FRANCIS MARION BOARD OF TRUSTEES TO ISSUE REVENUE BONDS FOR THE CONSTRUCTION OF ATHLETIC FACILITIES BY RESOLUTION, TO PROVIDE THE MANNER AND TERMS BY WHICH THE BONDS ARE ISSUED, AND TO DEFINE CERTAIN TERMS; AND TO DESIGNATE SECTIONS 59-133-10 THROUGH 59-133-60 AS ARTICLE 1, CHAPTER 133 OF TITLE 59.

Rep. COOPER moved to commit the Bill to the Committee on Ways and Means, which was agreed to.

H. 5021--RECALLED FROM COMMITTEE ON AGRICULTURE, NATURAL RESOURCES AND ENVIRONMENTAL AFFAIRS

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

H. 5021 (Word version) -- Rep. Duncan: A BILL TO AMEND SECTION 50-11-1920, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SALE UNDER CERTAIN CONDITIONS OF EXOTIC FARM-RAISED VENISON AND PENALTIES FOR VIOLATING THE PROVISIONS OF THIS SECTION, SO AS TO PROVIDE THAT THE PROHIBITIONS OF THIS SECTION DO NOT APPLY TO THE SALE OR PURCHASE OF PROCESSED PET FOODS OR


Printed Page 2533 . . . . . Tuesday, April 15, 2008

PET TREATS CONTAINING EXOTIC FARM-RAISED VENISON, AND TO PROVIDE FOR CERTAIN REGISTRATION AND LABELING REQUIREMENTS OF THIS EXCEPTION.

H. 5012--RECALLED FROM COMMITTEE ON MEDICAL, MILITARY, PUBLIC AND MUNICIPAL AFFAIRS

On motion of Rep. CHALK, with unanimous consent, the following Bill was ordered recalled from the Committee on Medical, Military, Public and Municipal Affairs:

H. 5012 (Word version) -- Rep. Chalk: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-33-25 SO AS TO PROVIDE THAT THE DEPARTMENT OF LABOR, LICENSING AND REGULATION MAY REQUIRE STATE AND NATIONAL CRIMINAL RECORDS CHECKS OF AN APPLICANT FOR LICENSURE TO PRACTICE NURSING AND TO PROVIDE THAT THE DEPARTMENT MAY REQUIRE SUCH CRIMINAL RECORDS CHECKS IN CONNECTION WITH AN INVESTIGATION OR DISCIPLINARY PROCEEDING OF A LICENSEE; AND BY ADDING SECTION 40-33-39 SO AS TO REQUIRE A LICENSED NURSE TO WEAR AN IDENTIFICATION BADGE BEARING THE NURSE'S FIRST OR LAST NAME, OR BOTH, AND TITLE.

H. 5000--RECALLED FROM COMMITTEE ON JUDICIARY

On motion of Rep. MOSS, with unanimous consent, the following Bill was ordered recalled from the Committee on Judiciary:

H. 5000 (Word version) -- Reps. Moss, Harrell, Agnew, Bowers, Chalk, Gullick, Hardwick, Harvin, Haskins, Kelly, Kirsh, Littlejohn, Lowe and Mahaffey: A BILL TO AMEND SECTION 23-1-212, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ENFORCEMENT OF STATE CRIMINAL LAWS BY FEDERAL LAW ENFORCEMENT OFFICERS, SO AS TO PROVIDE THAT NATIONAL PARK SERVICE PARK RANGERS ARE FEDERAL LAW ENFORCEMENT OFFICERS WHO ARE AUTHORIZED TO ENFORCE THE STATE'S CRIMINAL LAWS.


Printed Page 2534 . . . . . Tuesday, April 15, 2008

H. 5009--RECALLED AND REFERRED TO COMMITTEE ON JUDICIARY

On motion of Rep. CATO, with unanimous consent, the following Bill was ordered recalled from the Committee on Labor, Commerce and Industry and was referred to the Committee on Judiciary:

H. 5009 (Word version) -- Reps. G. M. Smith, Weeks and Clemmons: A BILL TO AMEND SECTION 40-80-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A CRIMINAL RECORDS CHECK FOR A FIREFIGHTER, SO AS TO PROVIDE NO PERSON MAY VOLUNTEER AS A FIREFIGHTER, BE EMPLOYED AS A FIREFIGHTER, OR PERFORM FIREFIGHTING DUTIES IF HE HAS BEEN CONVICTED OF, PLED GUILTY TO, OR PLED NOLO CONTENDERE TO ARSON.

OBJECTION TO RECALL

Rep. HALEY asked unanimous consent to recall H. 5019 (Word version) from the Committee on Ways and Means.
Rep. PERRY objected.

R. 205, S. 771--GOVERNOR'S VETO OVERRIDDEN

The Veto on the following Act was taken up:

(R205) S. 771 (Word version) -- Senator Hutto: AN ACT TO CREATE THE ALLENDALE COUNTY AERONAUTICS AND DEVELOPMENT COMMISSION AND TO PROVIDE FOR THE APPOINTMENT OF MEMBERS, THEIR TERMS, POWERS, DUTIES, AND RESPONSIBILITIES; AND TO REPEAL ACT 721 OF 1962 RELATING TO THE CREATION OF THE ALLENDALE COUNTY DEVELOPMENT BOARD AND ACT 842 OF 1973 RELATING TO THE ALLENDALE COUNTY AERONAUTICS COMMISSION.

The question was put, shall the Act become a part of the law, the Veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:

Yeas 1; Nays 0

Those who voted in the affirmative are:

Hosey

Total--1


Printed Page 2535 . . . . . Tuesday, April 15, 2008

Those who voted in the negative are:

Total--0

So, the Veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.

SENT TO THE SENATE

The following Joint Resolution was taken up, read the third time, and ordered sent to the Senate:

H. 4578 (Word version) -- Reps. Harrison, Hagood, Talley, W. D. Smith and G. R. Smith: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE VIII OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, BY ADDING SECTION 19 SO AS TO AUTHORIZE THE GENERAL ASSEMBLY, BY SPECIAL OR LOCAL LAW, TO ABOLISH A SPECIAL OR PUBLIC SERVICE DISTRICT AND TRANSFER ITS ASSETS AND LIABILITIES TO AN ASSUMING SERVICE PROVIDER.

RECURRENCE TO THE MORNING HOUR

Rep. COOPER moved that the House recur to the Morning Hour, which was agreed to.

INTRODUCTION OF BILLS

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

H. 5022 (Word version) -- Rep. Govan: A BILL TO AMEND SECTION 34-39-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RESTRICTIONS AND REQUIREMENTS FOR DEFERRED PRESENTMENT OR DEPOSIT OF CHECK, SO AS TO PROVIDE A CHECK ACCEPTED FOR DEFERRED PRESENTMENT OR DEPOSIT PURSUANT TO THIS CHAPTER MAY NOT BE REPAID BY MEANS OF ELECTRONIC TRANSFER OF FUNDS FROM AN ACCOUNT OF THE CUSTOMER.
Referred to Committee on Labor, Commerce and Industry

H. 5023 (Word version) -- Rep. Govan: A BILL TO AMEND SECTION 16-17-490, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFENSE OF CONTRIBUTING TO THE DELINQUENCY OF


Printed Page 2536 . . . . . Tuesday, April 15, 2008

A MINOR, SO AS TO PROVIDE MINIMUM FINES AND MINIMUM TERMS OF IMPRISONMENT FOR VIOLATIONS, AND TO PROVIDE THAT EACH DAY A VIOLATION OCCURS CONSTITUTES A SEPARATE OFFENSE.
Referred to Committee on Judiciary

H. 5024 (Word version) -- Rep. Sellers: A BILL TO AMEND SECTION 40-71-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MEMBERS OF CERTAIN PROFESSIONAL SOCIETIES WHO ARE EXEMPT FROM TORT LIABILITY, SO AS TO FURTHER PROVIDE FOR THE MEDICAL FACILITIES TO WHICH THIS EXEMPTION APPLIES IN REGARD TO ITS MEDICAL STAFF RESPONSIBLE FOR PROFESSIONAL STANDARDS.
Referred to Committee on Judiciary

CONCURRENT RESOLUTION

On motion of Rep. NEILSON, with unanimous consent, the following was taken up for immediate consideration:

H. 5025 (Word version) -- Reps. Neilson, McLeod, Leach, Agnew, Alexander, Allen, Anderson, Anthony, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bingham, Bowen, Bowers, Brady, Branham, Brantley, Breeland, G. Brown, R. Brown, Cato, Chalk, Clemmons, Clyburn, Cobb-Hunter, Coleman, Cooper, Cotty, Crawford, Daning, Dantzler, Davenport, Delleney, Duncan, Edge, Erickson, Frye, Funderburk, Gambrell, Govan, Gullick, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Hart, Harvin, Haskins, Hayes, Herbkersman, Hiott, Hodges, Hosey, Howard, Huggins, Hutson, Jefferson, Jennings, Kelly, Kennedy, Kirsh, Knight, Limehouse, Littlejohn, Loftis, Lowe, Lucas, Mack, Mahaffey, Merrill, Miller, Mitchell, Moody-Lawrence, Moss, Mulvaney, J. H. Neal, J. M. Neal, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rice, Rutherford, Sandifer, Scarborough, Scott, Sellers, Shoopman, Simrill, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Spires, Stavrinakis, Stewart, Talley, Taylor, Thompson, Toole, Umphlett, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Williams, Witherspoon and Young: A CONCURRENT RESOLUTION TO URGE COORDINATION OF GOVERNMENT AND PRIVATE RESOURCES IN THE STATE OF SOUTH CAROLINA TO


Printed Page 2537 . . . . . Tuesday, April 15, 2008

PROTECT OUR SENIOR CITIZENS FROM SCAMS AND OTHER SCHEMES THAT UNDERMINE THEIR FINANCIAL INDEPENDENCE.

Whereas, senior citizens are the most rapidly growing segment of South Carolina's population, with 1.3 million baby boomers joining seven hundred seventy-five thousand individuals already sixty and older, and this group can be especially vulnerable to scams; and

Whereas, there were more than six thousand total fraud complaints made through the South Carolina Department of Consumer Affairs in 2007 and presumably many more that went unreported; and

Whereas, the top South Carolina frauds consisted of magazine subscriptions, shop-at-home/catalog sales, foreign-money offers, Internet services, prizes/sweepstakes, and lotteries; and

Whereas, it falls to government to provide support to those senior adults who have been financially exploited through calculating theft of their resources by unscrupulous persons. Therefore, it is in the public interest of the State of South Carolina to preserve and enhance the ability of its senior citizens to both provide for themselves financially and safeguard their assets; and

Whereas, to help protect our seniors' resources, the Omnibus Adult Protection Act provides penalties for those who neglect, abuse, or exploit vulnerable adults, but further protection is needed. Now, therefore,

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

That the members of the South Carolina General Assembly, by this resolution, urge coordination of government and private resources in the State of South Carolina to protect our senior citizens from scams and other schemes that undermine their financial independence.

Be it further resolved that, by this resolution, the members of the General Assembly declare protection of vulnerable adults against unlawful and unscrupulous scams to be a high priority for all tax-funded agencies and institutions.


Printed Page 2538 . . . . . Tuesday, April 15, 2008

Be it further resolved that the Lieutenant Governor's Office on Aging shall coordinate with the Department of Consumer Affairs, the Office of Secretary of State, the Office of Attorney General, South Carolina Educational Television, the South Carolina Law Enforcement Division, members of the Adult Protection Coordinating Council, and other state agencies, private groups, local law enforcement, solicitors, magistrates, and media organizations to shield our senior citizens from fraudulent businesses and individuals who seek to take what seniors have worked hard their entire lives to obtain.

Be it further resolved that, by this resolution, the members of the General Assembly urge the strengthening of South Carolina's efforts to protect our senior adults against fraud through an educational campaign that calls upon the voluntary resources of the civic-minded South Carolina Cable Association, South Carolina Press Association, South Carolina Broadcasters Association, and other such groups in order to create appropriate public-service announcements and special programming on commercial and cable television stations, as well as newspaper features and reports.

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

H. 4520--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

H. 4520 (Word version) -- Reps. Cooper, Harrell, Cobb-Hunter, Walker, Perry, Battle, Skelton, Thompson, Alexander, Ballentine, Edge, Harrison, Hayes, Limehouse, J. H. Neal, Ott, Owens, Williams, Spires, Whipper, R. Brown, Hosey, Mitchell and Hodges: A BILL TO AMEND SECTION 59-147-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ISSUANCE OF REVENUE BONDS BY COLLEGES AND UNIVERSITIES, SO AS TO CLARIFY AND FURTHER SPECIFY WHAT FACILITIES ARE ELIGIBLE TO BE FINANCED UNDER THE HIGHER EDUCATION REVENUE BOND ACT; AND TO REPEAL SECTION 59-147-120 RELATING TO CERTAIN LIMITATIONS ON THE ISSUANCE OF REVENUE BONDS.


Printed Page 2539 . . . . . Tuesday, April 15, 2008

Reps. COOPER, HARRELL and MERRILL proposed the following Amendment No. 1 (Doc Name COUNCIL\GJK\ 20646SD08), which was adopted:
Amend the bill, as and if amended, by inserting immediately after the title and before the enacting words:
/ Whereas, the principal facilities of the Moore School of Business of the University of South Carolina are currently located in the Close-Hipp Building (the CH building) on the campus of the university in Columbia, South Carolina; and
Whereas, the university has determined that in order to provide for the growth and development of the Moore School, and to continue the excellence of its nationally recognized International Business and other undergraduate and graduate programs, a new facility should be constructed in the Innovista District on the Columbia Campus; and
Whereas, the university has received preliminary indications from an agency of the federal government that the federal government desires to lease and occupy the CH building for an approximate twenty-five-year period and thereby locate substantially skilled white-collar employment in the State through a lease agreement with the university (the Lease and Occupancy Agreement); and
Whereas, the university has indicated its determination to pledge the rent payments to be received from the federal government for its use of the CH building to pay and secure revenue bond indebtedness issued by the university to acquire, construct, and equip the new facility, to make certain renovations to the CH building for use by the federal government, and to pay related costs; and
Whereas, the university has demonstrated the need for the new facility and the benefits, financial and otherwise, to be received by the university from the proposed arrangement with the federal government and that additional funds are needed to provide for the acquisition, construction, renovation, and equipping of the projects; and
Whereas, consideration has been given to the need for and desirability of the projects and the methods of funding the projects, and it has been determined to be in the best interests of the people of this State to authorize the university to issue, from time to time, in one or more series, revenue bonds in an aggregate amount not exceeding one hundred twenty-five million dollars in order to provide for the acquisition, construction, equipping, and renovation of the projects and to pay related costs, provided that the revenue bonds are payable from and secured solely by payments to be received by the university from the federal government. Now, therefore,   /

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Amend the bill further, as and if amended, by striking all after the enacting words and inserting:
/   SECTION   1.   (A)   Upon receiving approval of the South Carolina State Budget and Control Board and upon review by the Joint Bond Review Committee, the Board of Trustees of the University of South Carolina is authorized to cause the issuance of revenue bonds of the university, from time to time, in one or more series, for the purposes of acquiring, constructing, and equipping a new facility for the Moore School in the Innovista District on the Columbia Campus and renovating the Close-Hipp Building (CH building) and related facilities for the purpose of leasing the building to the federal government. The revenue bonds shall be payable solely as provided in this act. A portion of the proceeds of the bonds issued may also be used to fund or establish any debt service reserve fund securing the bonds, to pay interest on the bonds during construction, and to pay costs of issuance, including costs of credit or liquidity enhancement, of the bonds, all as may be determined necessary by the trustees or their designee. The aggregate principal amount of bonds to be issued may not exceed one hundred twenty-five million dollars.

(B)   The bonds issued pursuant to this act shall be secured by a pledge of and payable from the amounts received from the federal government for the leasing of the CH building pursuant to the lease agreement with the university (Lease and Occupancy Agreement). The faith and credit of the State shall not be pledged for the payment of the principal and interest on the bonds, and there shall be on the face of each bond a statement plainly worded to that effect. Neither the trustees nor any other person signing the bonds shall be personally liable for the bonds.

(C)   In order to avail themselves of the authorization set forth in this act, the trustees shall adopt a resolution providing for the issuance of the bonds, within the limitations of this act. The resolution shall prescribe, or authorize the delivery of trust indenture documentation subscribing, the tenor, terms, and conditions of the bonds. The bonds may be issued as serial or term bonds, maturing in such amounts, at such times, and on such occasions as the trustees or their designee shall determine; provided, that the last maturing bonds shall mature not later than the earlier of the original stated termination date of the Lease and Occupancy Agreement or thirty years from the date of the issuance of the bonds. The bonds shall bear the rates of interest and shall be payable on the occasion as the trustees or their designee shall prescribe. The bonds shall be issued in specific denominations and shall be payable in a medium of payment at


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the place the resolution prescribes. The bonds may be issued with a provision permitting their redemption on any date prior to maturity, at the redemption price the trustees or their designee prescribe.

(D)   The bonds authorized by this act and all interest to become due on them have the tax exempt status prescribed by Section 12-2-50.

(E)   It is lawful for all executors, administrators, guardians, and fiduciaries, all sinking fund commissions, the board, as trustee of the South Carolina Retirement System, and all other governmental entities within this State to invest any monies in their hands in the bonds.

(F)   The bonds and the coupons, if any, attached thereto, shall be executed manually or by facsimile in the name of the university in the manner and by persons as the trustees determine, and the seal of the university shall be affixed to, or impressed, or reproduced on each bond. The bonds may be registrable as to principal and interest on books kept for them by or on behalf of the university, including by a corporate registrar. The delivery of the executed bonds shall be valid notwithstanding changes in officers or in the seal occurring after the execution. Notwithstanding the foregoing, the bonds may be issued as fully registered noncertificated book-entry securities.

(G)   The bonds shall be sold in a manner as the trustees shall determine, at public or private sale. If the trustees elect to sell the bonds at public sale, at least one advertisement of the sale shall be published in the manner prescribed by the State Treasurer not less than seven days prior to the time fixed for the opening of bids. The bonds may be sold at a discount or for a premium as may be determined by the trustees or their designee as being in the best interest of the university.

(H)   Proceeds of the bonds shall be delivered to the State Treasurer or its corporate trust designee and retained in a special fund or funds and applied solely to the purposes for which the bonds are issued. Any withdrawal from the fund shall be made on the order or requisition of the university and shall be in the form the State Treasurer prescribes. The State Treasurer may make temporary investments of funds derived from the proceeds of bonds in the manner prescribed by law. Any interest earned in the fund or funds shall remain in the fund or funds.

(I)   To the end that provision be made for the adequate payment of the principal and interest of the bonds, the trustees shall determine prior to the issuance of the bonds that applicable annual payments to be received by the university pursuant to the Lease and Occupancy Agreement shall be sufficient to enable the university to meet its annual debt service payments of the bonds, as well as any obligation to maintain the required balance in any reserve fund required to be established. The trustees shall


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cause to be established with the State Treasurer or its corporate trust designee on or before the occasion of the delivery of the bonds a fund into which shall be deposited annually sufficient funds to meet the payment of principal and interest of the bonds for the year.

(J)   To the end that the payment of the principal and interest of the bonds shall be adequately secured, the trustees shall be empowered in their discretion to:

(1)   pledge any portion of payments to be received by the university pursuant to the Lease and Occupancy Agreement as security for the payment of the bonds and maintenance of the facilities financed by the bonds; provided, however, that any surplus of the payments available upon final maturity for the benefit of the bonds may be used for any university purpose;

(2)   covenant:

(a)   to maintain facilities subject to the applicable portion of the Lease and Occupancy Agreement, and to insure the facilities against risks and hazards;

(b)   to create and maintain an adequate reserve for contingencies and for repairs and replacement of the facilities;

(c)   to pay the principal and interest of the bonds as they respectively become due;

(d)   to create and maintain any reserve fund established in connection with the issuance of the bonds;

(e)   against the disposal or further encumbrance of receipts and revenues pledged to the payment of the bonds, for the benefit of the holders of the bonds; and

(f)     for the mandatory redemption of bonds on the terms and conditions as the resolution authorizing the bonds prescribes;

(3)   provide for the terms, form, registration, exchange, execution, and authentication of bonds, and for the replacement of lost, destroyed, or mutilated bonds;

(4)   provide for early defeasance of the bonds through the establishment of a special escrow account maintained by a corporate trustee, which may be the State Treasurer;

(5)   prescribe the procedure, if any, by which the terms of the contract with the bondholders may be amended, the number of bonds whose holders must consent to the amendment, and the manner in which consent shall be given;

(6)   prescribe the events of default and the terms and conditions upon which all or any bonds shall become or may be declared due before


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maturity, as well as other remedies available to the bondholders or their fiduciary upon the occurrence of any event of default;

(7)   establish on or before the occasion of the delivery of the bonds, or thereafter, any reserve fund and to cause the fund to be maintained by the State Treasurer or its designee, and to that end, the trustees shall be empowered to utilize any moneys available for the funding of any reserve fund. In the discretion of the trustees or their designee, in lieu of cash, any reserve fund may be funded with a surety bond, insurance policy, letter of credit, line of credit, or similar guarantee, and the university may obligate itself for the reimbursement of any amounts drawn under the guarantee, with interest. At the discretion of the trustees or their designee, the university may purchase an insurance policy or provide any other acceptable surety for payment of both principal and interest on any bonds;

(8)   appoint a corporate trustee and a paying agent for the bondholders, with the consent of the State Treasurer, either of whom may be the State Treasurer, and to prescribe the manner in which applicable payments received by the university under the Lease and Occupancy Agreement shall be utilized and disposed of. Any corporate trustee shall serve in a fiduciary capacity as trustee for the bondholders under the resolution of the trustees or applicable bond indenture pursuant to which the bonds shall be issued; and

(9)   enter into an indenture of trust with a corporate trustee, which may be the State Treasurer, in order to provide for the issuance of the bonds and for any of the other related matters authorized by this act.

(K)   The authorizations of the university and the trustees shall remain in full force and effect until the time as payment in full of the bonds shall have been made to the bondholders.
SECTION   2.   This act takes effect upon approval by the Governor./
Amend the title to read:
/TO AUTHORIZE THE UNIVERSITY OF SOUTH CAROLINA TO ISSUE REVENUE BONDS TO PROVIDE FUNDS FOR THE ACQUISITION, CONSTRUCTION, AND EQUIPPING OF A NEW BUSINESS SCHOOL FACILITY AND FOR THE RENOVATION OF THE CLOSE-HIPP BUILDING FOR LEASE AND OCCUPANCY BY AN AGENCY OF THE FEDERAL GOVERNMENT, TO PROVIDE THAT THE REVENUE BONDS SHALL BE SECURED BY AND PAYABLE FROM A PLEDGE OF THE LEASE PAYMENTS, AND TO PROVIDE THE PROCESS BY WHICH THE REVENUE BONDS MAY BE ISSUED.   /


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Renumber sections to conform.
Amend title to conform.

Rep. COOPER explained the amendment.
The amendment was then adopted.

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

Rep. R. BROWN moved that the House do now adjourn, which was agreed to.

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 4872 (Word version) -- Reps. Kirsh, Simrill, Gullick, Moody-Lawrence, Delleney and Mulvaney: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR YORK COUNTY AS A VITAL PART OF THIS STATE, AND TO DECLARE APRIL 30, 2008, YORK COUNTY DAY IN SOUTH CAROLINA.

H. 4995 (Word version) -- Reps. Hutson, Harrell, Knight and Young: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR THE SUMMERVILLE HIGH SCHOOL BOYS BASKETBALL TEAM FOR A WINNING SEASON, AND TO CONGRATULATE THE PLAYERS AND COACHES FOR CAPTURING THE 2008 CLASS AAAA STATE CHAMPIONSHIP TITLE.

H. 5005 (Word version) -- Rep. J. R. Smith: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR THE REVEREND WILLIAM REESE UPON THE OCCASION OF HIS FIFTY-FOURTH ANNIVERSARY AS FOUNDING PASTOR OF LAKESIDE BAPTIST CHURCH IN AIKEN COUNTY AND TO CONGRATULATE HIM UPON THE OCCASION OF HIS RETIREMENT ON MAY 18, 2008.

H. 5006 (Word version) -- Reps. Hutson, Harrell, Knight and Young: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR THE PINEWOOD PREPARATORY SCHOOL BOYS BASKETBALL TEAM FOR CAPTURING THE 2008 SOUTH CAROLINA INDEPENDENT SCHOOL ASSOCIATION CLASS AAA STATE CHAMPIONSHIP TITLE, AND TO


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CONGRATULATE THE TEAM'S EXCEPTIONAL PLAYERS, COACHES, AND STAFF ON AN OUTSTANDING SEASON.

ADJOURNMENT

At 1:14 p.m. the House, in accordance with the motion of Rep. TALLEY, adjourned in memory of Jeannine Kelly Smoak of Laurens, sister of Representative Kelly, to meet at 10:00 a.m. tomorrow.

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