Indicates Matter Stricken
Indicates New Matter

The House assembled at 9:30 a.m.
Deliberations were opened with prayer by Rev. Charles E. Seastrunk, Jr. as follows:

Our thought for today is from 2 Corinthians 13:11: "Put things in order, listen to my appeal, agree with one another, live in peace."
Let us pray. Almighty God, giver of all good gifts. Look in favor on this legislative group with grace and guide the minds of those chosen to serve here. Grant them courage to stand for the cause they believe will lead our State in the right direction. Bless them with integrity and wisdom. Invoke Your divine care on our Nation, President, State and leaders. Protect our defenders of freedom and keep them safe. In Your Holy name. Amen.

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

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

Rep. HASKINS moved that when the House adjourns, it adjourn in memory of Dr. Elizabeth Edwards of Greenville, professor at Bob Jones University, which was agreed to.

The following was received:

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

The Citadel
At-large,one seat             Claude Burns III

Dudley Saleeby, Jr.

Coastal Carolina University

Five congressional districts, one at-large

2nd District, Seat 4                   James F. Kane

3rd District, Seat 6                   William Lyles, Jr.

4th District, Seat 8                   Keith S. Smith

5th District, Seat 10                   Robert D. Brown

6th District, Seat 12                   Cathy B. Harvin

At-large, Seat 14                     Billy Alford

South Carolina State
Four congressional districts, two at-large

1st District, Seat 1 (term expires 2007)     Karl V. Green

2nd District, Seat 2 (term expires 2007)     Frederick R. Gallant

5th District, Seat 5                   Linda K. Edwards

6th District, Seat 6                   Maurice G. Washington

Daniel W. Blue, Jr.

At-large, Seat 8                     Neville O. Lorick

Thaddeus J. Bell

At-large, Seat 10                     William C. Clinkscales

Jonathan Pinson
Wil Lou Gray Opportunity School
At-large, three seats                     Russell E. Hart

Elizabeth Thrailkill

Stewart Cooner
At-large, one seat (term expires 2008)       John W. Robinson

W. Wayne Sims

Winthrop University

At-large, seat 7                       Angela H. Bain

Tim Gause

Respectfully submitted,

Rep. Olin Phillips, Chm.           Sen. Thomas Alexander
Rep. Becky Martin                 Sen. Linda Short
Rep. Lanny F. Littlejohn           Sen. Jake Knotts
Rep. Jesse E. Hines               Sen. Harvey S. Peeler, Jr.

The candidate screening was conducted on March 7th, 2005 at 427 Blatt Building, Columbia, South Carolina, on the 7th day of March, 2005 before Sonya K. Grice, Court Reporter and Notary Public in and for the State of South Carolina.

Representative Olin Phillips
Representative Jesse Hines
Representative Lanny F. Littlejohn
Representative Becky Martin
Senator Thomas Alexander
Senator Linda Short
Senator Harvey S. Peeler, Jr.
Senator Jake Knotts

Sophia Floyd

CHAIRMAN PHILLIPS: I'll call the meeting to order, and I also apologize and thank you for being on time and apologize for our lateness, because I think we were sitting about an hour and a half, Lannie, before me and you moved one inch? And y'all all know about the dead chickens. It was a chicken truck. Chickens was all over the road, and I expect they'll be there this afternoon. I'd like to welcome the two new committee members, Senator Harvey Peeler. Senator Peeler represents Cherokee; that's his main district, Cherokee and York, Union and Spartanburg. I guess we can call him the upstate senator. He's got all three counties in the upstate. And also Senator Jake Knotts from Lexington, and we welcome you to the committee, Senator Knotts. And our other committee members are Senator Linda Short from Chester/Fairfield.
SENATOR SHORT: Union and York.
CHAIRMAN PHILLIPS: Union and York, too, four counties. And Jesse Hines from Latta or Lamar, and Lanny Littlejohn from Spartanburg County, and Becky Martin from Anderson, and myself, Olin Phillips, from Cherokee. All right, we're going to start with the Citadel. There are two candidates, and the seats are at-large. There's only one seat, and the two candidates are Claude Burns III and Dudley Saleeby, Jr. And the first candidate is Claude Burns III. And Claude, if you can come forward?
MR. BURNS: (Mr. Burns approaches the front.)
CHAIRMAN PHILLIPS: Will you please raise your right hand, sir?
MR. BURNS: (Mr. Burns raises his right hand.)
CHAIRMAN PHILLIPS: Do you have any health problems that would cause you to be unable to fulfill the services should you be elected?
MR. BURNS: No, sir.
CHAIRMAN PHILLIPS: Do you have any connections that would cause you to have a conflict of interest, should you be elected, from your business standpoint?
MR. BURNS: No, sir.
CHAIRMAN PHILLIPS: Have you been appointed or elected to any other board or commissions, and do you serve on any at this present time?
MR. BURNS: No, sir.
CHAIRMAN PHILLIPS: Do your hobbies or anything that would pertain would prevent you from serving at any time either at a called meeting or on the board?
MR. BURNS: No, sir.
CHAIRMAN PHILLIPS: Sir, you can go ahead with your opening statements, and in essence of time, since we are running so short, if you'd keep your statements pretty brief because I know we've some people who would like to ask some questions. Thank you, sir. Go ahead.
MR. BURNS: Thank you. And good afternoon, now, ladies and gentlemen. It's a pleasure to be here before you.
CHAIRMAN PHILLIPS: Would you speak into the mic, sir?
MR. BURNS: I can't get it to stay up, but ... there it is. I'm Claude Burns from Rock Hill, South Carolina. I have a business there, and I'm a 1980 Citadel graduate. I have a son that will graduate from the Citadel in May, and I find that it's a unique time that I feel like my skills are well-suited to the needs of the Citadel. I have served on multiple boards in my community. I'm an elder and deacon in my church. I'm a past president of the South Carolina Automobile Dealers Association, and some of the skills that I've garnered over my 25-year career I feel like can be well used at the Citadel at this time. My company has about 100 employees, so over the past 25 years I've recruited, hired and trained an awful lot of employees with our President, General Grinalds and our Commandant, General Mace announcing their retirements effective August of this year, I think that it will be a unique time to be sure that the correct people are chosen to replace them, and that was a big reason that I chose to run at this time. Also, through my business I've built buildings on the same piece of property that I tore down the original buildings on, and the Citadel is in the process of having to do a lot of those things as well, and so I think that my skills at playing musical buildings, if you will, and matching budgets to projects, I think that these skills will serve the school very well. I'll defer any other comments in respect for whoever has to go last.
CHAIRMAN PHILLIPS: Okay. Thank you, Mr. Burns. Are there any questions of any committee members to Mr. Claude Burns?
REPRESENTATIVE HINES: Maybe just one, Mr. Chairman, if I may.
CHAIRMAN PHILLIPS: Senator Hines.
REPRESENTATIVE HINES: If you are successful in your endeavors in being elected, what would be your position on the acceptance of qualified African-American students?
MR. BURNS: Well, certainly we have a lot of qualified African-American students at the school right now, and I don't know any other way to respond other than certainly any qualified applicant, whether African-American, Caucasian or Chinese, should be accepted, if they're qualified.
REPRESENTATIVE HINES: Thank you, sir.
MR. BURNS: Yes, sir.
CHAIRMAN PHILLIPS: Any other questions from any committee members? (No Response.)
CHAIRMAN PHILLIPS: Thank you, Mr. Burns.
MR. BURNS: Thank you.
CHAIRMAN PHILLIPS: All right. At this time, we'll hear from Dudley Saleeby, Jr. Mr. Saleeby, would you please raise your right hand, sir?
MR. SALEEBY: Yes, sir.
CHAIRMAN PHILLIPS: I'll ask you the question; do you have any health-related problem that would prevent you from serving full-time on the Board?
MR. SALEEBY: No, sir.
CHAIRMAN PHILLIPS: Have you been elected or appointed to any position that would constitute a dual office-holding?
MR. SALEEBY: No, sir. But I do serve on the Board at this time in an alumni seat.
CHAIRMAN PHILLIPS: Okay.
MR. SALEEBY: It wouldn't be dual office-holding.
CHAIRMAN PHILLIPS: No. All right, sir. Do you have any hobbies or anything that would prevent you from serving at any time the Board calls?
MR. SALEEBY: No, sir.
CHAIRMAN PHILLIPS: No, sir; okay. All right. If you'll go ahead with your brief statement, sir.
MR. SALEEBY: I'll try to be brief. I'm appreciative of the time and the fact that we're running late. As I just mentioned to you, I've been serving on the Citadel Board for the past six years in a seat elected by our alumni. This is 30 years of service for me at the Citadel, first as a fund-raiser for my class, and then as an officer and a director of our Alumni Association. And what we are doing today and the work that I want to continue and why I offered for this seat is that we have just formulated and articulated our vision statement for the future and trying to formalize our leadership programs and our ethical form and foundation. As was mentioned, we're in the process of searching for a new president, and I have been selected to be on that Presidential Search Committee. I was on the Presidential Search Committee in 1989 when I sat with the Board as Alumni Association President, and I've been on the Search Committee for our number two office or our Provost. What I have to offer is experience at all levels with the school as a fund-raiser, as a budget-maker, as a worker in the trenches, and as a policymaker, and I, too, am proud to say that I have a son who graduated 2002. I'd be glad to answer any questions.
CHAIRMAN PHILLIPS: Any questions from any committee members for Mr. Saleeby? Senator Knotts?
SENATOR KNOTTS: Mr. Saleeby, you say you're on the Board now?
MR. SALEEBY: Yes, sir.
SENATOR KNOTTS: As an alumni?
MR. SALEEBY: That's correct. Alumni Association elected seat, and you cannot succeed yourself in that seat.
SENATOR KNOTTS: I was just trying to find out, you know, if you're on the Board, what would be the difference in being an alumni seat or a legislative seat, but you answered the question.
MR. SALEEBY: According to our state law, three of the seats are Alumni Association seats; they rotate every two years. The Alumni Association seat is one where you cannot succeed yourself, and that's why I'm offering at this time.
CHAIRMAN PHILLIPS: Any other questions? Senator Peeler?
SENATOR PEELER: So, Mr. Saleeby, how long did you serve as a member of the Alumni?
MR. SALEEBY: I have been active in the Alumni Association; and by active, I'm talking about on the Board of Directors and past President, for about 30 years.
SENATOR PEELER: But you've served on the Board only two years?
MR. SALEEBY: Six years. This is my sixth year on the Board.
SENATOR PEELER: Three two-year terms?
MR. SALEEBY: No, sir. One six-year term. These are six-year terms.
SENATOR PEELER: But what you're running for now is a four-year or a six-year?
MR. SALEEBY: It's a six-year term.
SENATOR PEELER: It's six also; okay.
MR. SALEEBY: I think it would be like your seats. If we had to run for this every two years, you probably wouldn't get many people to run.
SENATOR PEELER: [inaudible] ... they let us change that to every six, also.
CHAIRMAN PHILLIPS: Any other questions? Anybody? Any member of the committee? (No Response.)
CHAIRMAN PHILLIPS: There's no more questions. Thank you, Mr. Saleeby.
MR. SALEEBY: Thank you, sir. Do you wish for us to stay, or what is your preference?
CHAIRMAN PHILLIPS: No, I'm going to let you go. What we're going to do is I'll ask for a motion now that we report these two candidates out.
SENATOR SHORT: Move favorable.
SENATOR KNOTTS: Second.
CHAIRMAN PHILLIPS: All right. Motion by Senator Short, second by Senator Knotts, and we report you two candidates out, and you may solicit probably next Thursday. What we have to do ... let me go over this briefly. We have to ... and we've got a court stenographer here today, and I didn't ask ...
MS. FLOYD: Sonya.
CHAIRMAN PHILLIPS: Sonya. I didn't introduce our court stenographer.
MS. FLOYD: Or me.
CHAIRMAN PHILLIPS: Or Sophie, our secretary. I had chickens on my mind. What we will do is, she'll transcribe this. We will put it in the Journal, and that will probably be in next week's Tuesday and Wednesday Journal. So I suspect that you'll be able to solicit votes next Thursday. Have you got that date, Sophie?
MS. FLOYD: I don't have it with me, no.
CHAIRMAN PHILLIPS: It's supposed to be next Thursday. We'll give you that date in a minute. Next Thursday at 11:00.
MR. SALEEBY: Do you have a date for the election yet, sir?
CHAIRMAN PHILLIPS: The date of the election will be in April. We can't have the election ... the law is ... until after April because of the budget. We never know how many days in March that we're going to have the election. One thing that's holding us up is the House, and I'm not sure, is the Senate taking a week off, Senators? No? But see, the House will be out of session for one week and, after the budget, so, you know, that stalls us off.
UNIDENTIFIABLE MALE VOICE: Mr. Chairman, if you want to, we can elect them in the Senate.
CHAIRMAN PHILLIPS: Y'all do a good job over there. But, anyway, it'll be next Thursday at 11:00, you may seek ...
MS. FLOYD: March 17th.
CHAIRMAN PHILLIPS: March 17th, and that is budget week, so we'll have plenty of time while they're filibustering a budget and talking about the budget, that some of your people can walk the floor and solicit for you. That's at 11:00 on March the 17th. This is the ones that we're going to screen out. The ones that we have open and do not screen completely today cannot solicit until the 29th of March because we can't let some solicit and others not even been screened, so I'm sorry some couldn't be here today to do that. That's going to delay some other people, but it will not delay the Citadel because there's only one race, and both candidates have been screened, so you are eligible on March 17th at 11:00. Be sure you tell your friends now, because if they get caught soliciting before then, it could cause you a problem. It's to keep it on a clean playing field, it's 11:00, March 17th. And thank you very much for waiting and being here. I'm sorry that we were late for you.
MR. SALEEBY: Thank you, sir.
CHAIRMAN PHILLIPS: I'd like to ask the committee how they want to handle this one. Coastal Carolina University has five congressional district seats, one at-large, and I see no candidates have any opposition. All of them are unopposed. All of them are unopposed. Would you entertain a motion that we swear them and then turn around, or, in essence, if you have a quick question and rather than defray their going through the statements or whatever? You do have a copy of the statements in the folder. What is the pleasure of the committee on that? You'd rather screen them completely, or you want to ...
UNIDENTIFIABLE MALE VOICE: Make them all go up together; is that what you're saying?
CHAIRMAN PHILLIPS: Yes, sir.
SENATOR SHORT: Mr. Chairman, all but one is an incumbent; is that correct?
CHAIRMAN PHILLIPS: Yeah.
SENATOR SHORT: You might allow the one who is not an incumbent to make a statement, and the others ...
CHAIRMAN PHILLIPS: Yes, I'm sorry. All incumbents ... Billy Alford is not an incumbent? Okay. No, we will have to screen Mr. Alford, but there would be ... I'll read the names to you that will be 2nd District, Seat 4, James F. Kane; 3rd District, Seat 6, William Lyles, Jr.; 4th District, Seat 8, Keith S. Smith; 5th District, Seat 10, Robert D. Brown; 6th District, Seat 12, Cathy B. Harvin. That's the one that I was thinking about. Briefly introduce themselves and then if there are any brief questions; forego the statement because of ... is that all right with the committee? Hear a motion that we do that, or do you want to screen them, make them go through the opening statements and everything like we did the other two candidates? Since they're incumbents and been ...
REPRESENTATIVE MARTIN: I'll make a motion.
CHAIRMAN PHILLIPS: All right.
SENATOR SHORT: Second.
SENATOR ALEXANDER: Mr. Chairman, to clarify, if somebody's got a question of them while they're up here doing that, they certainly deserve the right ...
CHAIRMAN PHILLIPS: Yeah. I mean, what I'm going to do is forego their opening statements because it's already given to you in the book. If they have a question from one, they have a right to answer. All right, sir. We'll go ahead with the 2nd District, Seat 4, James F. Kane. Mr. Kane? Mr. Kane, please raise your right hand, sir.
MR. KANE: (Mr. Kane does as requested.)
CHAIRMAN PHILLIPS: Do you swear that you do not have any other appointments or any committee assignments that would cause dual office- holding?
MR. KANE: I do.
CHAIRMAN PHILLIPS: And your health has been good enough that you've had good attendance to all the board meetings that you've been to?
MR. KANE: Yes, I do.
CHAIRMAN PHILLIPS: And no conflict of interest from a business standpoint?
MR. KANE: No conflict of interest.
CHAIRMAN PHILLIPS: All right, sir. Anybody have any questions for Mr. Kane?
MR. KANE: Thank you, ladies and gentlemen.
CHAIRMAN PHILLIPS: Thank you, sir. All right. We'll ask that the 3rd District, Seat 6, William Lyles, Jr. Mr. Lyles, I'll ask you the same question. Have you been appointed or elected to any other positions in your community that we need to know about?
MR. LYLES: No, sir.
CHAIRMAN PHILLIPS: Your attendance at your board meetings, you've been regular in attending them, not to do any, you know, because of any health reasons?
MR. LYLES: Yes, sir.
CHAIRMAN PHILLIPS: Okay. And have you, your hobbies haven't prevented you from being a good member?
MR. LYLES: No, sir.
CHAIRMAN PHILLIPS: All right, sir. Go ahead. Any questions of Mr. Lyles? Thank you, sir.
MR. LYLES: Thank you.
CHAIRMAN PHILLIPS: 4th District, Keith S. Smith, and the 4th District, Seat 8. Mr. Smith?
MR. SMITH: Yes, sir.
CHAIRMAN PHILLIPS: Please raise your right hand.
MR. SMITH: (Mr. Smith does as requested.)
CHAIRMAN PHILLIPS: You haven't been appointed or elected to any position that would cause dual office-holding; have you?
MR. SMITH: No, sir.
CHAIRMAN PHILLIPS: And your committee ... your attendance at the Board has been good, sir?
MR. SMITH: Yes, sir.
CHAIRMAN PHILLIPS: And have no health problems that we need to know about at this time?
MR. SMITH: No, sir.
CHAIRMAN PHILLIPS: Any of the committee members got any questions of Mr. Smith? (No Response.)
CHAIRMAN PHILLIPS: None. Thank you, sir.
MR. SMITH: Thank you.
CHAIRMAN PHILLIPS: All right. We'll go to 5th District, Seat 10, Mr. Robert Brown. Thank you, Mr. Brown. Please raise your right hand. I'll ask you the same question.
MR. BROWN: (Mr. Brown does as requested.)
CHAIRMAN PHILLIPS: You haven't been elected or appointed to any position that would cause a dual office-holding; have you, sir?
MR. BROWN: No, I have not.
CHAIRMAN PHILLIPS: And your position in the meetings, the board meetings have been, attendance is well, sir?
MR. BROWN: Very well, sir.
CHAIRMAN PHILLIPS: Do you have any health problems that would cause you not to continue?
MR. BROWN: None whatsoever.
CHAIRMAN PHILLIPS: All right, sir. Any questions for Mr. Robert Brown? Mr. Knotts?
SENATOR KNOTTS: What is your win/loss record of your football clinic? I'm just kidding.
MR. BROWN: Won 10 and lost 1. Only if USC could do as well.
CHAIRMAN PHILLIPS: Okay, Robert. We're going to let you sit down. Okay. 6th District, Seat 12, Cathy B. Harvin. Cathy, how are you today?
MS. HARVIN: Just fine, sir. Good to see you.
CHAIRMAN PHILLIPS: Good. Tell Alex hello for us, and we hope he's doing well.
MS. HARVIN: I will. He'll be back to see y'all in the morning.
CHAIRMAN PHILLIPS: Well, thank you very much. Cathy, you haven't been elected or appointed to any other position other than what you now hold; have you?
MS. HARVIN: I have not, sir.
CHAIRMAN PHILLIPS: Okay. Do you have any health problems that would cause us to be alarmed that you wouldn't be able to attend?
MS. HARVIN: Nothing could stop me from serving on the Coastal Carolina Board of Trustees.
CHAIRMAN PHILLIPS: Well, I know you've been attending when you can. Thank you very much. Any questions for Cathy? (No Response.)
CHAIRMAN PHILLIPS: None whatsoever. Thank you very much. All right. You've heard all of those that we've just screened. What is the position of the committee now, that we report them out?
SENATOR SHORT: Favorable report.
SENATOR KNOTTS: Second.
CHAIRMAN PHILLIPS: Favorable, Ms. Short, second, Senator Knotts, that we give them permission to go ahead and seek on the 17th of March at 11:00. All right. Now, we'll get to Mr. Billy Alford. Thank you very much. You're welcome to go or stay, whatever. Mr. Alford, that's the At-large seat, Seat 14.
MR. ALFORD: Thank you, Mr. Chairman.
CHAIRMAN PHILLIPS: Will you please raise your right hand, sir?
MR. ALFORD: Yes, sir.
CHAIRMAN PHILLIPS: Mr. Alford, do you hold any positions that would constitute a dual office- holding back home?
MR. ALFORD: No, sir.
CHAIRMAN PHILLIPS: None? Sir, do you have any, your business would not cause a conflict of interest in any way; would it?
MR. ALFORD: No, sir, but our business does do work occasionally for Coastal.
CHAIRMAN PHILLIPS: Do you have any health problems which would prevent you from serving on a regular basis?
MR. ALFORD: No, sir.
CHAIRMAN PHILLIPS: Go ahead with your statement, sir.
MR. ALFORD: Thank you very much, Mr. Chairman. It's indeed a pleasure for me to be here today. My purpose in seeking a position on the Board of Coastal Carolina University is the fact that I am a graduate of the university. I served as President of the Alumni Association, Chairman of the Horry County Education Commission, as well as President of the Coastal Education Foundation. I feel Coastal is a very important part not only of our community but our state, and without the support of the university, it would have been extremely difficult to make such projects happen like the Carolina Base Parkway and the Conway Bypass. I'm a huge supporter of this university and feel like the impact the university could have not only to the sons and daughters of the state, but also to the General Assembly and other areas would be beneficial, and I'd just like to be a part of it.
CHAIRMAN PHILLIPS: Any questions for Mr. Alford from any committee member?
SENATOR SHORT: Mr. Chairman?
CHAIRMAN PHILLIPS: Ms. Short.
SENATOR SHORT: Billy, you indicated that the business that you have sometimes does work with the university?
MR. ALFORD: Yes. We are in the fine water restoration business, and every once in a while, very seldom, if something happens, they will call our company out.
SENATOR SHORT: So if there was something, there was a contractual, you would just recuse yourself on any voting ...
MR. ALFORD: Oh, yes, ma'am.
SENATOR SHORT: ... that might be held?
MR. ALFORD: No question.
SENATOR SHORT: Thank you.
CHAIRMAN PHILLIPS: You would also be required under the Ethics Committee to report any monies that you earned; are you aware of that, sir?
MR. ALFORD: Yes, sir.
CHAIRMAN PHILLIPS: Any other committee member got any questions?
SENATOR ALEXANDER: Mr. Chairman?
CHAIRMAN PHILLIPS: Yes, sir.
SENATOR ALEXANDER: Kind of following that same line, too, I'd like for the record to reflect that that was a pre-existing business, too. It's not been something that's started since he's become a member of the Board. He's had that relationship prior to that.
MR. ALFORD: 31 years.
SENATOR ALEXANDER: I just think that's important, too.
CHAIRMAN PHILLIPS: And any other questions from any committee members for Mr. Alford? None? What is the pleasure of the committee?
SENATOR SHORT: Move favorable.
CHAIRMAN PHILLIPS: Move favorable appointment Mr. Alford out favorable? Second by Senator Knotts. All in favor, say "aye". COMMITTEE: Aye.
CHAIRMAN PHILLIPS: Sir, you may on 3/17/05, also start your solicitation for votes.
MR. ALFORD: Thank you, sir.
CHAIRMAN PHILLIPS: I'd like to say, you know, just because some of these candidates are unopposed doesn't mean they're going to be elected that day. They can also be rejected on the floor of the House, as we have had them to do in the past. So I'm not, I don't want you to leave here thinking you don't have to solicit because sometimes things happen. We'll go to South Carolina State now, and there's four congressional districts and two of them are at- large, and the 1st District, Seat 1, and this terms expires in 2007, is Karl V. Green. And the 2nd District, Seat 2, the terms expires in 2007, and that's Fred ...
MS. FLOYD: He's on his way.
CHAIRMAN PHILLIPS: Oh, he's on the way? Okay. Karl V. Green is the first one and ... let's see, so Mr. Green is the only one that is unopposed at this time that we can screen at this time, so Mr. Green, will you come forward; are you up?
MR. GREEN: (Mr. Green approaches.)
CHAIRMAN PHILLIPS: Please raise your right hand, sir. I'll ask you the questions.
MR. GREEN: (Mr. Green does as requested.)
CHAIRMAN PHILLIPS: Do you have any appointments or anything that would cause a conflict of interest, sir?
MR. GREEN: No, sir.
CHAIRMAN PHILLIPS: Your business relations would not be in jeopardy of, or anything --
MR. GREEN: No, sir.
CHAIRMAN PHILLIPS: Okay, sir. Do you have any health problems that we need to know about at this time?
MR. GREEN: No, sir.
CHAIRMAN PHILLIPS: Have you attended the meetings?
MR. GREEN: Yes, sir, I can attend the meetings.
CHAIRMAN PHILLIPS: Okay. Good. Go ahead. Any questions of Mr. Green? (No response.)
CHAIRMAN PHILLIPS: No questions. Mr. Green here was appointed by ... let me say, you were appointed by the Governor; right?
MR. GREEN: Yes, sir, I was.
CHAIRMAN PHILLIPS: That's a Governor's appointee. Mr. Green is serving as a Governor's appointee. You have served almost a year so far; right?
MR. GREEN: I was, yes, sir. It's been almost a year now.
CHAIRMAN PHILLIPS: About one year. Who did you replace, Mr. Green?
MR. GREEN: Mr. Arnold Collins.
CHAIRMAN PHILLIPS: Okay. Any questions for Mr. Green? Senator Alexander?
SENATOR ALEXANDER: Thank you, Mr. Chairman. I was just, I thought it was interesting ... am I reading correct there, Mr. Green, that you are actually a graduate of Benedict College?
MR. GREEN: Yes, sir, I am a '75 graduate of Benedict College. My wife and my son are graduates of South Carolina State University.
SENATOR ALEXANDER: And that's where your interest in SC State comes from?
MR. GREEN: Yes.
SENATOR ALEXANDER: I was just curious about that.
CHAIRMAN PHILLIPS: Any other questions? What's the pleasure of the committee on Mr. Green?
REPRESENTATIVE LITTLEJOHN: Move for approval.
CHAIRMAN PHILLIPS: Move for approval, Representative Littlejohn.
SENATOR KNOTTS: Second.
CHAIRMAN PHILLIPS: Second by Senator Knotts. All in ...
REPRESENTATIVE HINES: Mr. Chairman, could I have one quick question?
CHAIRMAN PHILLIPS: Yeah, yeah.
REPRESENTATIVE HINES: A Gubernatorial appointee, did you serve a vacancy, or how were you appointed by the Governor?
MR. GREEN: Well, Mr. Collins had resigned from his seat, and the Governor appointed me to his seat.
REPRESENTATIVE HINES: Okay. And this is just ... the term is completed now except for a new term?
MR. GREEN: Yes, sir.
CHAIRMAN PHILLIPS: Let me clarify that, Senator. When we're not in session, the Governor has a right to appoint. He can't appoint any board trustees without, that is elected by this committee until we come back. They serve until we come back. Then they are up for election. So while we're in an interim, he can appoint somebody to serve that term but not as a full term. So they have to come back before the committee to be screened and be elected.
SENATOR KNOTTS: So will this be a full term that we're appointing ...
CHAIRMAN PHILLIPS: No. He'll have ... it will be a three-year term. He's already done one year as interim from the Governor's office.
SENATOR PEELER: And this just more or less confirms that appointment?
CHAIRMAN PHILLIPS: Yeah. Yeah. Sometimes the Governor's appointees don't want to come back, and so that's why we have to screen and re- elect and make sure we get that done.
SENATOR ALEXANDER: Mr. Chairman?
CHAIRMAN PHILLIPS: Yes, sir.
SENATOR ALEXANDER: Let me clarify that, and then if for some reason he was not elected, then it would be like other boards and commissions that go through the Senate, the confirmation process, and that would end when our session ends in June; is that correct?
CHAIRMAN PHILLIPS: No. This does not require Senate confirmation.
SENATOR ALEXANDER: Well, I know it's not Senate, but I'm just saying that the function of this committee, if he's not elected ...
REPRESENTATIVE LITTLEJOHN: It would open it back up.
SENATOR ALEXANDER: Then that would ... for some reason, and I'm not saying on him, but I'm just saying for any Gubernatorial appointee, they have to be elected by the body, basically, before the next General Assembly ends for them to be able to continue to serve out the remainder of that term; is that correct?
CHAIRMAN PHILLIPS: That's right.
SENATOR ALEXANDER: Okay. So that's basically the same as ... you can make any interim appointment, but there has to be some positive action taken by the General Assembly, in this case, prior to us adjourning?
CHAIRMAN PHILLIPS: Right. We always try to ... when we hear of a vacancy, we try to get it in as quick as possible to prevent from having that appointment rather than being screened and selected by the whole General Assembly. Okay. Thank you, sir.
MR. GREEN: Thank you.
CHAIRMAN PHILLIPS: On 3/15 [sic], you'll be able to solicit. Thank you, sir.
MR. GREEN: Thank you.
MS. FLOYD: 3/17.
CHAIRMAN PHILLIPS: 3/17. Yeah. I got 15. 3/17. All right. We'll go down to the 5th Congressional District, Seat 5, and Ms. Linda K. Edwards, is she here? Ms. Edwards?
MS. EDWARDS: Good afternoon.
CHAIRMAN PHILLIPS: Good afternoon. Please raise your right hand, ma'am.
MS. EDWARDS: (Ms. Edwards does as requested.)
CHAIRMAN PHILLIPS: Do you hold any other positions in the community which cause or constitute dual office-holding?
MS. EDWARDS: No, sir, I do not.
CHAIRMAN PHILLIPS: Your health problems have been good enough that you've made the board meetings and been very attentive to the meetings?
MS. EDWARDS: Yes, sir, they have.
CHAIRMAN PHILLIPS: Okay. And you have no hobbies that would prevent you from any meetings, being on time or anything?
MS. EDWARDS: No, sir, I do not.
CHAIRMAN PHILLIPS: Well, Linda Edwards, if you'll go ahead with your statement, please, ma'am.
MS. EDWARDS: Last year at this same time, I guess, I stood before you to complete an unexpired term for my district. And serving my university has been exciting, rewarding, humbling, as well as challenging. It has been exciting because as a State College alumni, continuing to see striving for excellence through our ninth President's vision has been very exciting, and also to see the many accomplishments that our university has had, is achieving has been rewarding. As an educator, I am committed to preparing students to meet the challenges and demands of life so that they can work and live productively in this dynamic global society in which we live. As a steward of the university, I am also challenged to extend my daily commitment to students at another stage in life but whose needs are no different. This task is not easy; however, I tackle it with enthusiasm and diligence. I have learned a lot in these few months, observing, working, listening, evaluating, interacting, participating and learning skills that are shaping me to become more adept at being a board member. I would like to continue my boardship. I would like to continue the legacy of South Carolina State College. University, I'm sorry. And I would like to see the upward mobility of my alma mater by serving as a board of trustee with the talented group that I am now a part of.
CHAIRMAN PHILLIPS: Any questions of Ms. Edwards? Senator Peeler.
SENATOR PEELER: Ms. Edwards?
MS. EDWARDS: Yes?
SENATOR PEELER: Did you dodge the chicken wreck on the way?
MS. EDWARDS: Yes, I did. I met chickens for quite a while, and thank goodness, I was able to get through. They let us, they let a few cars through. So I was in that group.
SENATOR PEELER: I move for a favorable report, Mr. Chairman.
CHAIRMAN PHILLIPS: Thank you, Ms. Edwards. You may have a seat.
MS. EDWARDS: Thank you.
CHAIRMAN PHILLIPS: I want to discuss something with the committee. Mr. Bridges left. It's my understanding Earl Bridges has moved out of the 5th Congressional District to Summerville. I wish he had stayed here and verified that. Summerville is not in the 5th Congressional District; it's in the 2nd or 3rd, 1st Congressional District. And he was a resident of Cherokee County, Senator, and I understand he's bought a Ford dealership in Summerville. And even though he may have not ... I don't know the status of him at this time, but to my knowledge, he has moved to Summerville. And I'm not sure if he thinks his is a statewide seat, but you have to qualify from the 5th Congressional District. And therefore, by moving to Summerville, even if he doesn't move now and moves his family, which he has a family, after the schools let out in June, he wouldn't take office until July if he was elected. He's scheduled to come back on the 29th?
MS. FLOYD: He said he would be back on the 29th. Uh-huh (affirmative response).
CHAIRMAN PHILLIPS: What is the pleasure of the committee? You want to just hold that one open and screen him at that time?
SENATOR KNOTTS: Mr. Chairman, could he be moved to ...
CHAIRMAN PHILLIPS: No, sir. The filing date is closed for transferring him to another district because that wouldn't be fair for those who qualified. At-large would be the only place he could go at this time.
REPRESENTATIVE LITTLEJOHN: Mr. Chairman, why don't we find out his residence, because if he's disqualified himself, that settles it.
SENATOR ALEXANDER: I would concur in that, Mr. Chairman. I think if you could get a letter from him stating where his residence is or something so that we would have that for the record and where ...
CHAIRMAN PHILLIPS: Let's do that and save him a trip back.
REPRESENTATIVE HINES: Sure.
CHAIRMAN PHILLIPS: Because, I mean, right now, it's my understanding he doesn't, he's not a resident of Cherokee County anymore, and also serves on the Board of Trustees at Limestone College, and also serves on the Board of Trustees at Upstate Carolina Hospital. So either one of those would, I mean, you know, he'd have to resign from one of them. Two of them.
SENATOR PEELER: Mr. Chairman, then procedurally, then, would we have to open this back up?
CHAIRMAN PHILLIPS: No, we would not have to open it because Ms. Edwards is an incumbent.
SENATOR PEELER: Oh, they would be running against each other?
CHAIRMAN PHILLIPS: Yeah.
SENATOR PEELER: I thought it was two different seats.
CHAIRMAN PHILLIPS: And that's why I was trying to clear it up where Ms. Edwards, where we know what we're going to do with Ms. Edwards. Let's ask him to verify ... would this motion be ... let's ask Sophie to clarify his address, and if he sends back that he is still a resident of Cherokee County, then we will screen him, but he's got to be. We can't receive his application ... I don't know how to handle it. I mean, you know, if he sends his address back as Cherokee County with the intentions of moving, then there's no point because it would be a moot situation. Before he even takes office, he'd be out of the district.
SENATOR KNOTTS: Mr. Chairman?
CHAIRMAN PHILLIPS: Sir?
SENATOR KNOTTS: If he would have wanted to run for the Board, and knowing that he was going to have this problem and moving to Summerville, could he have filed and not actually lived in Summerville, could he have filed at the time?
CHAIRMAN PHILLIPS: Yes, sir. But at this time when he filed, he hadn't sold his dealership in Gaffney. He owns Peachtree Ford in Gaffney, and he has since sold Peachtree Ford and bought the Ford dealership in Summerville. That's all occurred in the last two or three weeks before, Senator ...
SENATOR KNOTTS: I'm just trying to figure out, you know, if he was in a "catch 22", that he was moving and he couldn't file down there, but he wanted to serve on the Board, so he filed where he was at, knowing that the deadline was coming up. That's my only question.
CHAIRMAN PHILLIPS: The only other way he could ... he'll have to ... yeah, he'll have to sit out and wait for next year. There will be an opening in that district. He can come back for the 1st or whatever it is he lives in now. I think it's the 1st District or either one of the at-large seats.
SENATOR SHORT: Mr. Chairman, has he been made aware that his legal residence determined whether or not he could continue to serve if elected?
CHAIRMAN PHILLIPS: That was in his folder that was sent to him.
SENATOR SHORT: Not only that he must live there when elected, but in order to continue serving, that he ...
CHAIRMAN PHILLIPS: You've got to live there when you file.
SENATOR SHORT: But he was made aware of that?
CHAIRMAN PHILLIPS: He filed ... it's in your folder that he gave his address as Cherokee County at that time, which was legal as far as being a candidate, but now he's since moved. Why don't we just ... Ms. Edwards, let me do this. Why don't we just wait because Ms. Edwards is unopposed anyway. Either way it goes, if she's ... because of the fact that if he's ruled ineligible for the 5th Congressional seat, at this time he would be, so it really doesn't matter. She has no opposition other than Earl Bridges.
SENATOR ALEXANDER: Mr. Chairman?
CHAIRMAN PHILLIPS: Go ahead, Senator.
SENATOR ALEXANDER: I mean, I think we need to clarify it, though, because if he's going to, if he says he lives and is going to continue to live there ...
CHAIRMAN PHILLIPS: In Cherokee and commute back and forth to Summerville every day? That would clarify it. He could still be a candidate.
SENATOR ALEXANDER: I ...
CHAIRMAN PHILLIPS: But, he has to resign two other positions, and that would be appointed as a member of the Board of Trustees of Limestone College, which he's just beginning a five-year term.
SENATOR ALEXANDER: So you may want to get clarification on that, too, if he would be willing to do that. And if he's not, then obviously, that's another wrinkle that would destine his service.
CHAIRMAN PHILLIPS: Well, let's ask Sophie to write him a letter and explain all these options to him and get an answer back before the 29th.
REPRESENTATIVE LITTLEJOHN: Mr. Chairman, he needs to tell this committee what he wants to do. We don't need to go through all this. He needs to tell us what he's going to do.
CHAIRMAN PHILLIPS: Well, I'm sorry if we ... he was here, but we were late and ... he was here, right?
MS. FLOYD: Yeah, he was here.
CHAIRMAN PHILLIPS: He was here according to ...
REPRESENTATIVE HINES: And Just to follow that, we ought to do, what's appropriate to be done, too, as it relates to ...
SENATOR KNOTTS: He'll be coming back; won't he?
CHAIRMAN PHILLIPS: On the 29th.
SENATOR KNOTTS: In the meantime, find out. He may just give you a withdrawal letter.
CHAIRMAN PHILLIPS: We'll save him a, you know, ... We'll get together and draft him a letter and ask him to answer those four questions and tell him, make him doubly aware that he has to give up some of those positions. He may not want to do that. All right. We'll move on then. Ms. Edwards, if you will just remain kind of cool until we get a chance to clear this up, we'll be back, notify you in the mail; okay?
MS. EDWARDS: All right.
CHAIRMAN PHILLIPS: Thank you very much. While we've got Linda Edwards here, Senator Peeler made ... Senator Peeler, you made the motion to ...
SENATOR PEELER: Favorable report on Ms. Edwards.
CHAIRMAN PHILLIPS: Favorable, so, and now a second from Senator Knotts that you're qualified. So you don't have to come back. We want to clear that up.
MS. EDWARDS: Okay. Thank you.
CHAIRMAN PHILLIPS: We'll let you know what's happening through the mail. Sophie will send you a letter; okay?
MS. EDWARDS: Okay. Thank you.
CHAIRMAN PHILLIPS: Thank you very much. Now, we'll go to At-large, Seat 8, Neville Lorick. Mr. Lorick?
MS. FLOYD: You skipped six.
MR. CHAIRMAN PHILLIPS: Excuse me, Mr. Lorick, if you'll sit back down just a second. I skipped 6th. I'm sorry. Mr. Maurice G. Washington. Maurice?
MR. WASHINGTON: Morning.
CHAIRMAN PHILLIPS: Thank you, sir. Please raise your right hand, sir. Mr. Washington, you haven't been appointed to any other positions or hold any positions that would cause a conflict of interest; do you?
MR. WASHINGTON: No, sir.
CHAIRMAN PHILLIPS: Sir, do you have any health problems that the committee needs to be made aware of?
MR. WASHINGTON: No, sir.
CHAIRMAN PHILLIPS: And your business or profession doesn't hold any conflict either; does it, sir?
MR. WASHINGTON: No, sir.
CHAIRMAN PHILLIPS: Go ahead, sir.
MR. WASHINGTON: You have my statement of interest on file. I just want to briefly add that I've been involved with South Carolina State University either directly or indirectly for about 26 years. My wife and I are both graduates of South Carolina State University. I've served as President of the Charleston Alumni Chapter for several years. This is my third year as Chairman of the Board of Trustees. I've worked hard over the past four years, perfect attendance record, never missed a meeting. We're doing some great things at South Carolina State. We've forged wonderful relationships with the General Assembly, constitutional offices of the state, and we continue to make headways and blaze new trails. A lot of work still left to be done, looking forward to engaging in the process for another four years. I'd be more than happy to respond to any questions at this time.
REPRESENTATIVE LITTLEJOHN: Mr. Chairman?
CHAIRMAN PHILLIPS: Yes, sir, Representative Littlejohn.
REPRESENTATIVE LITTLEJOHN: Mr. Washington, what's the number one problem you see at SC State?
MR. WASHINGTON: Deferred maintenance. We have approximately identified over $37 plus million in deferred maintenance.
REPRESENTATIVE LITTLEJOHN: We put money into the budget for that, a little bit, so that'll help.
MR. WASHINGTON: Every bit counts, sir. We appreciate it very much.
REPRESENTATIVE LITTLEJOHN: We'll take care of all of that.
MR. WASHINGTON: Thank you.
CHAIRMAN PHILLIPS: Any other questions for Mr. Maurice Washington? (No response.)
REPRESENTATIVE LITTLEJOHN: Approval.
CHAIRMAN PHILLIPS: No other questions? Mr. Washington, please sit down, sir.
MR. WASHINGTON: Thank you.
CHAIRMAN PHILLIPS: All right. Now we have Daniel W. Blue, Jr. who is the opposition to the incumbent, Mr. Washington. Mr. Blue? Please raise your right hand if you're able, sir.
MR. BLUE: (Mr. Blue does as requested.)
CHAIRMAN PHILLIPS: Do you hold any other elected position which would cause a dual office- holding, sir?
MR. BLUE: No, sir.
CHAIRMAN PHILLIPS: And your line of business, would it conflict with this school, make a conflict of interest?
MR. BLUE: No, sir.
CHAIRMAN PHILLIPS: I see you're on crutches, but do you have any other health problems other than that?
MR. BLUE: No, sir, Mr. Chairman.
CHAIRMAN PHILLIPS: Thank you, sir. Go ahead with your statement, sir.
MR. BLUE: Yes, sir. Ladies and Gentlemen, just let me say that I was in a very serious automobile accident seven months ago. A trailer disconnected from the truck and came onto my lane and hit me. And a cable truck hit me. But I'm pretty well recovered now. The doctor said all the bones have been connected, and I just need to go on my crutches for another five or six weeks. So I just want to say that.
CHAIRMAN PHILLIPS: Yes, sir. Thank you for clearing that up, sir.
MR. BLUE: Yes, sir.
CHAIRMAN PHILLIPS: Can you give us a short, brief statement?
MR. BLUE: Yes, sir. Mr. Chairman and members of the committee, my statement is on file. I'm from the Pee Dee area, probably the highest unemployment area within the State of South Carolina. I live in Marion County, and I do know we are 18.2 percent. I'm very active in the community, very active in my church, Mt. Olive Baptist Church, and I'm also active with Economic Development Commission, the commission that seeks to bring jobs into the county. We have a big problem, and we realize that one of the problems that we have is a lack of education when the companies come and take a look at us. And we realize that we need to begin to connect with higher education, colleges, so we can get our people trained in the appropriate technological fields to encourage companies to come to our Pee Dee region. So I'm here representing the community. People asked me to apply so that we could begin to connect the universities and the tech schools and the job opportunity programs together so that we can show business and industry that we are capable of handling jobs when they come to the Pee Dee region. So I'm here for that, born and raised in South Carolina, attended elementary school, high school and college, and very much involved with the community. And I'm very interested in doing whatever I can to encourage businesses and industries to not look away from the Pee Dee and Marion County, in particular, but to know that we're doing everything we can to create people who are responsible and interested in doing quality jobs for them if they so desire to come. I'm here to answer any questions from the Chairman and members of the committee.
CHAIRMAN PHILLIPS: Any committee members got questions of Mr. Blue?
SENATOR SHORT: Mr. Chairman?
CHAIRMAN PHILLIPS: Senator Short.
SENATOR SHORT: Mr. Blue, do you have a connection with South Carolina State University ...
MR. BLUE: No, I don't have ...
SENATOR SHORT: ... any of your children or anything like that?
MR. BLUE: No, I don't have a connection with South Carolina State at all from that standpoint. I did attend school in Orangeburg. I attended Claflin University, and a lot of my friends attended South Carolina State, and a lot of my friends now are members of the South Carolina State organizations.
SENATOR SHORT: Have you familiarized yourself with the programs offered at South Carolina State, and what do you see as the most pressing need that they have?
MR. BLUE: I don't know the most pressing need that they have there since I'm not on the inside, but I think one of the most pressing needs that we're concerned about in the Pee Dee area is to be able to get people enrolled in South Carolina State and other universities to prepare them, to encourage businesses and industries to come into our area. I know quite a bit about policy and finance and housing and those kind of things. I know we do a lot of construction work. I have a lot of experience in that. I have run the second largest housing [inaudible] in America in Chicago, so I do know about construction and bids and contracts, et cetera.
SENATOR SHORT: Thank you very much.
CHAIRMAN PHILLIPS: Any other questions for Mr. Blue? (No Response.)
CHAIRMAN PHILLIPS: None? What is the pleasure of the committee on Mr. Washington and Mr. Blue?
SENATOR SHORT: Move favorable report.
SENATOR KNOTTS: Second.
CHAIRMAN PHILLIPS: Ms. Short moves favorable report; second by Senator Knotts. All in favor, say "aye".
COMMITTEE: Aye.
CHAIRMAN PHILLIPS: I assume Mack Drayton in the 6th District has withdrawn, so we don't have to worry about him so that leaves Mr. Washington and Mr. Blue able to seek on the 17th at 11:00, the 6th District, Seat 6. Now, we'll get to At-large, Seat 8, and now, Mr. Lorick, you come up. Do you hold any public position that would cause you to violate the dual office-holding?
MR. LORICK: No, I have not.
CHAIRMAN PHILLIPS: How has your attendance been with the Board since you've been on it?
MR. LORICK: It's been very good. I've been participating since the year 2000, and I've been participating since that time.
CHAIRMAN PHILLIPS: All right, sir. A short statement, sir.
MR. LORICK: As I said, it's an opportunity. I appreciate the opportunity to be considered for reappointment. I have served since the year 2000 as Vice-Chair and presently as Secretary, and I was recently appointed as Chairman to the Audit Committee. There are a number of initiatives that the university has taken on, and I would like to see those concluded and pushed forward so we can continue to achieve some of the things that we need to achieve. And with that said, I have a vested interest as President of South Carolina Electric and Gas that we produce high quality students in all our universities, and particularly from the aspect that we'll be hiring a number of those folks within our business and other businesses. So I'd like very much to pursue and continue this process.
CHAIRMAN PHILLIPS: Questions of Mr. Lorick? (No Response.)
CHAIRMAN PHILLIPS: None? Thank you, sir. All right. Mr. Thaddeus J. Bell. Mr. Bell, would you please raise your right hand?
MR. BELL: (Mr. Bell does as requested.)
CHAIRMAN PHILLIPS: Sir, do you hold any elected position that would cause a dual office- holding?
MR. BELL: No, I have not.
CHAIRMAN PHILLIPS: Okay, sir. Do you have any health problems that the committee needs to be made aware of?
MR. BELL: No, I do not.
CHAIRMAN PHILLIPS: And your businesses would not have any conflict of interest?
MR. BELL: No, sir.
CHAIRMAN PHILLIPS: Go ahead, sir.
MR. BELL: My name is Thaddeus John Bell. I'm a practicing physician in Charleston, South Carolina. I'm currently in private practice, and I also serve as Associate Dean for Minority Affairs at the College of Medicine at the Medical University of South Carolina. I'm a native of Columbia and a graduate of South Carolina State College. I am interested in my alma mater and have been since I graduated. The reason that I'm interested in being on the board, I'm interested in seeing the school go to the next level in all aspects. I think that I could bring something to the board inasmuch as I have been involved in higher education for a little more than ten years. I'm the immediate past Chairman of the Office of Diversity at the Medical University of South Carolina, so I am in academia still from a medical standpoint and also in private practice. And I love the university and, as I pointed out, have been involved in many aspects of its development already. So that is why I am seeking appointment to the board.
CHAIRMAN PHILLIPS: Thank you, sir. Any questions for Mr. Bell?
REPRESENTATIVE HINES: I'd just like to make an observation, Mr. Chairman. As a former student and graduate of South Carolina State University, I'm happy to hear you report your dedicated service to the school because it's so much needed, and I commend you in your efforts in doing that.
CHAIRMAN PHILLIPS: Thank you, Representative Hines. Any other comments or statements, questions? (No Response.)
CHAIRMAN PHILLIPS: None? What's the pleasure of the committee on Mr. Lorick and Mr. Bell?
SENATOR SHORT: Move favorable report.
SENATOR KNOTTS: Second.
CHAIRMAN PHILLIPS: Ms. Short moves for favorable, and second by Senator Knotts. They've been voted favorable and may start soliciting on 3/17 at 11:00 for Seat At-large, number 8. Thank you, sir.
MR. BELL: Thank you.
CHAIRMAN PHILLIPS: You may leave if you'd like, any of you that we've already screened. We'll go to At-large Seat Number 10, and Dr. William C. Clinkscales, the incumbent. Dr. Clinkscales?
DR. CLINKSCALES: Morning. Good afternoon.
CHAIRMAN PHILLIPS: Please raise your right hand, sir.
DR. CLINKSCALES: (Dr. Clinkscales does as requested.)
CHAIRMAN PHILLIPS: You haven't been appointed to any other position that would cause dual office-holding?
DR. CLINKSCALES: No, sir.
CHAIRMAN PHILLIPS: And your health problems have still been good?
DR. CLINKSCALES: Yes, sir.
CHAIRMAN PHILLIPS: You make board meetings and no conflict of interest of any nature, sir?
DR. CLINKSCALES: No, sir.
CHAIRMAN PHILLIPS: Go ahead, sir.
DR. CLINKSCALES: Thank you for the opportunity to be here this morning. I'm originally from Clemson, South Carolina. I'm a graduate of South Carolina State University, also Clemson University and Virginia Polytechnic Institute. I retired from Clemson University in 1998, as Assistant Director of Field Operation which was supervision and management of all field staff. I've served on the Board of Trustees, and I'm going into my eighth year. While serving on the Board, I served three years as Chair of the Board at South Carolina State University. During my tenure on the Board and as Chair, I instituted, put in place, an endowment for the Board of Trustees to give scholarships to needy and desirable students who want to come to South Carolina State University. One of my concerns at the university is that we increase private giving to the institution in an expedient manner. It is my interest to continue serving on the Board and to look at fulfilling some of the things that we've set in place over the last seven years at the institution. Thank you.
CHAIRMAN PHILLIPS: Any questions for Dr. Clinkscales?
SENATOR ALEXANDER: Move favorable report.
CHAIRMAN PHILLIPS: Senator Alexander moves favorable, do I hear a second?
REPRESENTATIVE MARTIN: Second.
CHAIRMAN PHILLIPS: Second from Representative Martin. All in favor, signify "aye".
COMMITTEE: Aye.
CHAIRMAN PHILLIPS: Ayes have it. Okay. Mr. Pinson. Jonathan Pinson. Mr. Pinson, please raise your right hand, sir.
MR. PINSON: (Mr. Pinson does as requested.)
CHAIRMAN PHILLIPS: Sir, will the information given here today be the truth, so help you God?
MR. PINSON: Yes.
CHAIRMAN PHILLIPS: Do you hold any office that would cause dual office-holding, sir?
MR. PINSON: No.
CHAIRMAN PHILLIPS: Do you have any health-related problems the committee needs to be made aware of?
MR. PINSON: No.
CHAIRMAN PHILLIPS: Do you have any business conflicts that might be a conflict of interest with South Carolina State?
MR. PINSON: No.
CHAIRMAN PHILLIPS: None; thank you, sir.
MR. PINSON: Good afternoon. As you've seen in my statement that I submitted, I'm a graduate from South Carolina State University as well as my wife. I finished up in 1993, and since then has been blessed to grow the largest diversity- owned company in the State of South Carolina in Greenville, South Carolina. We have a staffing company, and we're an employment agency, and we've been able to place over 10,000 people in various jobs over the last 12 years and feel like the relationships we have in Greenville is one that's very vital to South Carolina State University. I've been involved in the Greenville Chamber of Commerce, been Vice Chair for Minority Business there, Department of Economic Development Team. A lot of our clients are BMW, Michelin, GE, Lockheed Martin. We just picked up a deal with Blue Cross down here in Columbia. We'll be meeting with Toyota on Tuesday, and we're building some national relationships that we feel like is critical to South Carolina State University because we have the ICAR project going on in Greenville, and that's going more towards research which is the future of technology for the business climate here in the state. And I feel like Clemson is involved, USC is doing some things, and it looks like South Carolina State is kind of getting left out. We need to build that relationship to get them more involved in some of the business climate because as we're working with our clients, what they're looking for, the applicant keeps changing. The skill set is changing, and it's changing rapidly because South Carolina is recruiting a lot of international companies, and we've got to be on the cusp of making sure that our students are ready for that dynamic change and not giving them basic education, but giving them something that's a little bit more advanced, that will get them ready and prepared once they get in a work place. And our relationships with BMW and Michelin and so forth and so on, I think, would be critical for South Carolina State University going forward. The experience in being able to place folks on the jobs and keeping up with the changes of technology and what companies are looking for would be very vital. And, you know, relatively, as a young individual, really standing on the cusp of knowing and being able to talk to these students, because it's definitely a change in environment, and companies are looking for it. I also served on the South Carolina Competitiveness Council which is headed by Ed Sellers, Governor Sanford, Bob Faith, Darla Moore, and several other community leaders from across the state. They're starting to look at how can we make South Carolina competitive. And one of the things that Michael Porter, who's done this report that probably many of you have heard of, is saying that we've got to look at our asset. Our asset is what we have internally here in the State of South Carolina because South Carolina has been so focused on trying to land the next BMW, and that's getting competitive because we're not competing with just Georgia and North Carolina; we're competing with China and Asia and Malaysia and other foreign companies, so we're now putting more emphasis on what we have here in South Carolina, how do we enhance what we have in South Carolina, which will make us more competitive, and we're keeping those dollars circulating internally in the state. So with all the different programs I'm on and been involved in, over the last two years have been voted in Greenville's Magazine one of the top 50 influential in Greenville and want to be able to take all the accolades that I've been blessed with and be able to offer that to the university to help get South Carolina State on that very competitive level when it comes down to historical, national black colleges on a national level. I think we're doing a great job. I think the Board has done a great job, and I just want to be a part of the Board and be able to enhance what they're already doing down there.
CHAIRMAN PHILLIPS: Thank you, sir. Any questions for Mr. Pinson?
SENATOR PEELER: Move favorable report.
CHAIRMAN PHILLIPS: Senator Peeler moves favorable, Jonathan Pinson. All in favor signify by saying "aye".
COMMITTEE: Aye.
CHAIRMAN PHILLIPS: Thank you, sir. Okay. Dr. Clinkscales and Jonathan Pinson on 3/17 at 11:00 you may solicit support for Seat Number 10, At-large. Thank you, sir. Okay. We'll go to Wil Lou Gray Opportunity School, and it's at-large; there are three seats at-large. Russell E. Hart, Elizabeth Thrailkill ... and Mr. James L. Angle could not be here today; is that right? And Stewart Cooner. We'll ask Mr. Hart. Russell? Sir, please raise your right hand, Mr. Hart.
MR. HART: (Mr. Hart does as requested.)
CHAIRMAN PHILLIPS: You haven't been appointed to any other positions that would cause dual office-holding?
MR. HART: No, sir.
CHAIRMAN PHILLIPS: And your health's been good enough you've made the Board meetings?
MR. HART: Yes, sir.
CHAIRMAN PHILLIPS: I think you're Chair of the Board out there; right?
MR. HART: Yes, sir.
CHAIRMAN PHILLIPS: Yes, sir. Do you have any conflicts of interest, nothing to do that would conflict if you serve?
MR. HART: No, sir.
CHAIRMAN PHILLIPS: All right, sir. If you could give us a brief statement.
MR. HART: Okay. My career was in the public service field, a teacher and coach in the public schools of South Carolina, YMCA work, and parks and recreation work and have had an interest in youth, and it's been my pleasure and rewarding to be a part of an institution that has given our youth of the state a second chance, those that are at risk, and in order to help modify their behavior, for them to become productive citizens, have a positive impact rather than negative impact in society. And I'd like to very much continue my association with that fine institution.
CHAIRMAN PHILLIPS: Thank you, sir. Any questions for Mr. Russell Hart?
SENATOR KNOTTS: Move favorable report.
CHAIRMAN PHILLIPS: Okay. We will ask Ms. Elizabeth Thrailkill to come forward.
MR. HART: Thank you.
CHAIRMAN PHILLIPS: Good morning, Ms. Thrailkill. Please raise your right hand.
MS. THRAILKILL: (Ms. Thrailkill does as requested.)
CHAIRMAN PHILLIPS: You haven't been appointed to any position that would cause dual office- holding since elected to the Board; have you, Ms. Thrailkill?
MS. THRAILKILL: No, sir.
CHAIRMAN PHILLIPS: And no conflict of interest?
MS. THRAILKILL: No, sir.
CHAIRMAN PHILLIPS: And no health problems?
MS. THRAILKILL: None.
CHAIRMAN PHILLIPS: I wish you'd have been along this morning and got all them chickens. Don't you have the alligator pond?
MS. THRAILKILL: No, I don't, and I'm just glad they were chickens instead of turkeys.
CHAIRMAN PHILLIPS: I thought y'all were going to have an alligator pond.
MS. THRAILKILL: Well, I think they're working on that still as a way ...
CHAIRMAN PHILLIPS: I thought about you when I saw all them chickens.
MS. THRAILKILL: I said I hope they're not turkeys because that means a loss.
CHAIRMAN PHILLIPS: Yeah, a greater loss for the turkeys. Okay. Go ahead, Ms. Thrailkill.
MS. THRAILKILL: Mr. Chairman, committee members, thank you for your time today. I know it's been a time getting here, but, and I also want to thank you all, too, for being a part of the body that has supported the school over the years with your legislation, and it's very important to us. I'm currently an incumbent and Vice Chair of the Board, and I'm seeking reelection. You've got my resume or statement, and I knew Dr. Gray personally, and I think the statement about her was so very true. The members of the General Assembly often said that she was like getting chewing gum in your hair. If you didn't ... when she got her mind made up that she wanted something, she came to you, and you might as well give it to her or you had chewing gum in your hair. Her motto was lifelong learning, and she was a true pioneer of that, and she's still an inspiration for my service currently on that board. I knew her, and I guess that her mission in life is something that I just can't get away from, working with young people in some capacity and being on this board. We have a wonderful board and a wonderful school and a very fine Director that is an inspiration to want to be and continue to be on this board. We just appreciate all the things that y'all have done, and I'm a typical school teacher, I have a handout for you at some point so those of you who might not remember, this is Dr. Gray. This is a small booklet on the school and her mission as it began. You know, she really was quite a person. Strom Thurmond taught for her one summer, so she does have a legacy in this state, and I just have one for each of you on the screening committee.
CHAIRMAN PHILLIPS: Okay. Any questions of Ms. Thrailkill?
SENATOR SHORT: Move favorable report.
CHAIRMAN PHILLIPS: Move favorable. All right. Thank you very much. Now, we'll let Stewart Cooner. Mr. Cooner?
MR. COONER: Yes, sir.
CHAIRMAN PHILLIPS: Please raise your right hand, sir.
MR. COONER: (Mr. Cooner does as requested.)
CHAIRMAN PHILLIPS: Will the information given here today be the truth, nothing but the truth, so help you God?
MR. COONER: Yes, sir.
CHAIRMAN PHILLIPS: You don't hold any other elected positions, appointed positions that would cause a dual office-holding?
MR. COONER: I do serve as a Guardian ad Litem for the Eleventh Judicial District which is Lexington and Saluda County, but I do not think that it will cause a conflict, sir.
CHAIRMAN PHILLIPS: I don't think, so. Sir, do you have any business other than that that might cause a conflict of interest?
MR. COONER: No, sir.
CHAIRMAN PHILLIPS: How about your health problems; you have none?
MR. COONER: None, sir.
CHAIRMAN PHILLIPS: Thank you. Go ahead, Mr. Cooner.
MR. COONER: As each of you members well know, our founding fathers built this country on the belief that it was our right and our duty to act when we felt action was necessary. And they told us that those who have the ability to act also have the responsibility to act. I want to help make a difference in the lives of the students of Wil Lou Gray Opportunity School by helping to create opportunities for their success. I have the ability; I have the responsibility. And I do not take that responsibility lightheartedly. I am serious about serving. Tomorrow should be filled with the hope of future successes, not just seen as another day gone by. Wil Lou Gray Opportunity School builds the foundation on which that hope can become reality, and I would love to be a part of that hope and a part of that reality. Those students deserve it, and they're worth it.
CHAIRMAN PHILLIPS: Okay. Thank you. Any questions for Mr. Cooner? None?
SENATOR KNOTTS: Mr. Chairman, I move for a favorable report.
CHAIRMAN PHILLIPS: Senator Knotts and several others move favorable on Russell Hart, Elizabeth Thrailkill and Stewart Cooner. All in favor signify by saying "aye".
COMMITTEE: Aye.
CHAIRMAN PHILLIPS: Now, James Angle is also a candidate for a seat at-large, three seats, so we would ask you not to solicit until after we screen Mr. Angle. That would not be fair to him because he hasn't been screened to go out and solicit early. I'm sorry that had to happen, but he's not here today. We would have taken him next week, but we're on the budget, and the House is coming in at 11:00 on Monday which was, supposedly we were going to screen next Monday, and then we had to put that off. So, and the next week, the House is out of session, so there's nobody here, so it will be 3/29 before we screen Mr. Angle. And it shouldn't take but maybe a day to process those three or four that we're going to have to screen. I think it's going to be a total of about four, and so we should have that in the journal early on Tuesday of the next following week. So after that, I'd say by Wednesday of the following week you others would solicit.
MR. COONER: Thank you very much.
CHAIRMAN PHILLIPS: We'll let you know by mail on it.
MR. COONER: Okay. Thank you.
CHAIRMAN PHILLIPS: Okay. All right. At-large, Seat 1. This is a seat that expires in 2008. It's for a three-year term, and we have Mr. John W. Robinson. Mr. Robinson? Mr. Robinson, will the information given here today be the truth, nothing but the truth, so help you God?
MR. ROBINSON: Yes, sir.
CHAIRMAN PHILLIPS: Yes, sir. Okay. Do you hold any other elected or appointed positions that might cause a dual office-holding?
MR. ROBINSON: No, sir.
CHAIRMAN PHILLIPS: Do you have any health problems we need to know about?
MR. ROBINSON: No, sir.
CHAIRMAN PHILLIPS: And none of your business or hobbies would prevent you from serving as a member of the board?
MR. ROBINSON: No, sir.
CHAIRMAN PHILLIPS: Thank you, sir.
MR. ROBINSON: Mr. Chairman, members of the committee, thank you for the opportunity to speak before you today. I come to you with a humble heart in asking your permission to serve on the Wil Lou Gray Opportunity's board. I have 35 years experience in the field of public education. I've been a teacher, head teacher of an alternative school in Richland School District One for at-risk youth. I have been Coordinator for Alternative Program for At-Risk Youth for Richland School District One, an assistant principal. I've been Principal of the Wil Lou Gray Opportunity School, so I have that experience and background. I've also served ten years at the South Carolina Department of Education in such positions as Director of the Office of Accreditation and Assessment. I was also Director of the Office of Teacher Certification. I retired as a Deputy Superintendent in the Horry County School District. I also served as an ex officio member of the board, so I'm very familiar with the board. During the administration of Dr. Charlie Williams, I represented Dr. Williams on the board, and I also represented Dr. Bobby Nelson as an ex officio member of the Wil Lou Gray Board of Trustees. Thank you very much.
CHAIRMAN PHILLIPS: Any questions for Mr. Robinson? None. Thank you, sir. Okay. Mr. Wayne Sims. Please raise your right hand, Mr. Sims.
MR. SIMS: (Mr. Sims does as requested.)
CHAIRMAN PHILLIPS: Will the information given here today be the truth, nothing but the truth, so help you God?
MR. SIMS: Yes, sir.
CHAIRMAN PHILLIPS: Do you hold any other elected positions in the community that would cause dual office-holding, sir?
MR. SIMS: I only hold two. I don't know that it would be a problem. [inaudible] Review Board of my local district, and also I'm a member of the Hartsville Municipality Election Commission.
CHAIRMAN PHILLIPS: Election Commission would cause a constitution, would cause one, sir.
MR. SIMS: Okay. I ...
CHAIRMAN PHILLIPS: Do you, would you, if you're elected, would you ...
MR. SIMS: Resign.
CHAIRMAN PHILLIPS: ... resign that position? If you're elected, you promise to resign that commission?
MR. SIMS: Yes, sir.
CHAIRMAN PHILLIPS: All right, sir. Go ahead with your statement, then.
MR. SIMS: Thank you, Mr. Chairman, and members. First of all, when I got married, my wife and I had to make a decision. We either had to decide to serve or to be served. We decided to serve. We had two young daughters that we became very actively involved in their schooling, their outside activities, and what they were doing with their friends. And today I'm very proud of those two girls. They're both married. Both of them are college graduates. One is a pharmacist, and the other one is a social worker. Each one of them have one boy, and we have two sons-in-law, of course. I could have never done it by myself. My wife was my helpmate. Let me tell you, I'm a product of a first generation college graduate. Both of my parents were not even high school graduates. I started college back in 1968, when the University of South Carolina was at Florence which is now Francis Marion University. I went for two years, however, I was able to work and pay for two years, but in making the transition to Columbia, I was not financially able to do so at that time. A good friend of mine, he elected to go into the Air Force because he fell in the same situation, and I elected to stay back. I had initially agreed to go with him, but I elected to stay back. The reason I'm telling you some of this information is, you don't know where you're going unless you know where you've been. And I've been there. I went to work with Sunoco Products in Hartsville, South Carolina, I was very fortunate, right after we got married. And Sunoco provided me an opportunity to go back to college. Taking my lunch hours and going to classes at night, I was able to finish Coker College in 1976. Not only did I graduate from Coker College, but I immediately sought out where I could go to graduate school. I found Golden Gate University at Shaw Air Force Base. And by driving four nights a week, studying weekends, two and three of us teamed together, and we were able to graduate in 1978 after two hard years of commuting from Hartsville to Sumter. In 1981, there were some cutbacks at Sunoco, and I found myself looking for employment elsewhere. Fortunately enough, I was able to go to work with Florence- Darlington Technical College in 1982, the best day of my life. I started out in continuing education, and I'm still in continuing education. That's almost 30 years in education. People ask me what is continuing education, and it's a simple answer. It's everything you learn until you take the last breath, and then you know what your continuing education is. I've enjoyed educational opportunities, working with young people. I'm a basketball and football certified high school official. I've been officiating basketball for 38 years, and I guess I've officiated over 2,200 basketball games, girls and boys. Football games, I've officiated over 725, I've figured, in my years. I could have never done it without the support of my wife and my family. I'm here today for the opportunity to continue to serve. I saw the ad like lots of people did, and it reminded me of a story I heard one of my politicians tell who was elected as a Congressional House member. He talked about when he was a young boy, he and his dad drove through the country in the old pickup truck, and one day they ran across a branch that had fell across the road. And his dad said, he told his dad, said, "Dad, somebody should get out and move this limb so we can get by." And his dad looked at him and said, "You are somebody." When I saw the ad, someone has to serve, and, as I stated earlier, my wife and I made an obligation to serve and not to be served. And I appreciate your listening to me today and for your consideration.
CHAIRMAN PHILLIPS: Thank you very much. Any questions for Mr. Sims? None? Any questions for Mr. Sims? (No Response.)
CHAIRMAN PHILLIPS: None. All right, sir. Now, to William Champy, Jr. Mr. William Champy, Jr.? Did he sign in this morning?
MS. FLOYD: No.
CHAIRMAN PHILLIPS: He did not. Okay. All right. What we'll ... we'll notify Mr. Champy that he will have to appear on the 29th or we'll have to rule him as ineligible to run because that's our next screening. I'll ask the staff to notify Mr. Champy that he was not here today, he did not notify us that he was not coming, so, you know, anything could have happened. We'll give him the benefit of the doubt, so a letter will be sent to him that he'll have to appear on the 29th or be disqualified. Now, what is the pleasure for John Robinson and Wayne Sims?
SENATOR SHORT: Move favorable report.
SENATOR KNOTTS: Second.
CHAIRMAN PHILLIPS: Favorable report on each one, Mr. Robinson and Mr. Sims, by Senator Short and Senator Knotts. All in favor signify by saying "aye".
COMMITTEE: Aye.
CHAIRMAN PHILLIPS: And Mr. Robinson, Mr. Sims, I'm sorry you won't be able to solicit until after we find out if Mr. Champy is going to withdraw. If he does, we'll notify you by mail as quick as possible. We'll try to contact him as quick as we can to see if he has withdrawn or what's the situation with him. If not, you will be able sometime after the 29th, and I suspect that would be the Wednesday following. So thank you very much. Now, we'll go to Winthrop University, At-large, Seat Number 7, Angela H. Bain. Please raise your right hand.
MS. BAIN: (Ms. Bain does as requested.)
CHAIRMAN PHILLIPS: Will the information given here today be the truth, nothing but the truth, so help you God?
MS. BAIN: Yes, sir.
CHAIRMAN PHILLIPS: Ms. Bain, do you have any elected positions that the committee would consider as dual office-holding?
MS. BAIN: No, sir.
CHAIRMAN PHILLIPS: None. How about health-related problems? Any that we need to know about?
MS. BAIN: No, sir.
CHAIRMAN PHILLIPS: No activities or hobbies or business activities that would cause a conflict of interest?
MS. BAIN: No, sir.
CHAIRMAN PHILLIPS: None. Thank you very much. Go ahead.
MS. BAIN: I appreciate the time this afternoon. Mr. Chair, members of the Screening Committee, I know we've been in here for a while, and Winthrop starts with a W, so we get to be the last one. Well, coming in here, I'm assuming you're all from Winthrop. We're the only ones left. I am a graduate of Winthrop College, as you can see in my packet. I represent higher education and public education, P12 education, because I do teach in higher ed. I teach at Converse College part-time. I'm working with Converse with their INCATE accreditation, which is a teacher education accreditation program for the national accreditation. I also am a Personnel Director in Lexington School District Two right across the bridge here in Cayce-West Columbia. Mr. Knotts, we work together a great deal with Mr. Knotts and appreciate everything that all of you do for public education. I am very interested in serving on the Board at Winthrop because I've been there since 1976, graduated in '79, and I lived in Rock Hill, so I'm familiar with that territory. I also am familiar with the Alumni Association. I've been reading all the magazines. I get those every quarter, as do the other alumni. As a former student, I understand the importance of what a foundation Winthrop can give you. I've taken what I've learned in my career in psychology and expanded on that. I think everybody has to have that kind of opportunity, and, I guess, capitalizing on the President's latest report, I guess you could call it a conceptual framework, he talks about students ... that Winthrop needs to prepare students to be globally inter-dependent, and how we do that, we have to have the technology and the diversity in both the faculty and the students, and we have to recruit those diverse faculty and students. So I think that with my experience in traveling around the nation as a Board of Examiners member for the teacher accreditation programs, I can take a look at other colleges, other universities, and I do know that Winthrop is competitive in those fields. So I appreciate your time and will answer any questions for any of you.
CHAIRMAN PHILLIPS: Thank you. Any questions of Ms. Bain? (No Response.)
CHAIRMAN PHILLIPS: None. Thank you very much.
MS. BAIN: Thank you.
CHAIRMAN PHILLIPS: How about Mr. Tim Gause? Please raise your right hand, sir.
MR. GAUSE: (Mr. Gause does as requested.)
CHAIRMAN PHILLIPS: Will the information given here today be the truth, nothing but the truth, so help you God?
MR. GAUSE: Yes, sir.
CHAIRMAN PHILLIPS: Sir, do you hold any elected or appointed position within your community that would cause a dual office-holding?
MR. GAUSE: I am a member of the Lancaster County Commission for Higher Education. I do not believe that that is a conflict.
CHAIRMAN PHILLIPS: Is that a ... how are you elected there?
MR. GAUSE: I was appointed.
CHAIRMAN PHILLIPS: Did you take an oath of office?
MR. GAUSE: No, sir.
CHAIRMAN PHILLIPS: Okay. Your business would not cause a conflict of interest?
MR. GAUSE: I work for Duke Power. We do provide energy to Winthrop University.
CHAIRMAN PHILLIPS: You don't have any health reasons, ...
MR. GAUSE: No, sir.
CHAIRMAN PHILLIPS: ... related problems that would cause you not to serve? Go ahead Mr. Gause.
MR. GAUSE: Well, thank you for the opportunity to be here with you this afternoon. I became familiar with Winthrop as I worked on my MBA and completed my MBA there last year, and also have had an opportunity to work with the leadership at Winthrop through community events, their participation and my participation in public policy matters and forums and through the Chamber of Commerce. I've participated with Winthrop rising seniors in business administration by offering them best business practices in small groups in a campus setting there at the university. I have good business experience in economic development and public policy and chairing Economic Development Corporation in Lancaster County. I chaired the Public Policy Committee in Lancaster County, chaired the Government Relations Task Force in York County through the Chamber. And one of the things that I want to provide is a linkage between Winthrop University and the business world. I believe that I can connect the dots between business and economic development. We've got a wonderful campus situated in the heart of a growing area in the Piedmont, and I think that Winthrop is a tool or needs to be a tool in the tool kit for economic development for our region. The second point that I would like to make is with regard to my interest in becoming a Trustee is that I think it's important to maintain a diversity on the board at Winthrop. And by that, I mean a diversity and a balance between educators and business leaders on that board. This year Bob Thompson is stepping down. He is the person who has served on the Trustee Board, and he's a businessman. Next year we will lose another businessperson on the Board, and I think it's very, very critical and vital to keep a good blend of business and education on the Board of Trustees at Winthrop. Any questions?
CHAIRMAN PHILLIPS: Any questions for Mr. Gause?
REPRESENTATIVE LITTLEJOHN: Mr. Chairman, just for the record, can we get a ruling on the ...
CHAIRMAN PHILLIPS: Yeah. I was going to tell him that we will ... we will have to get a ruling on whether that committee that you serve on constitutes dual office-holding.
MR. GAUSE: Yes, sir.
CHAIRMAN PHILLIPS: Would you be willing to resign that if it did?
MR. GAUSE: Yes, sir.
CHAIRMAN PHILLIPS: Okay. We'll let you know on that. We'll have to review that one.
MR. GAUSE: Okay.
CHAIRMAN PHILLIPS: Okay. Any other questions?
SENATOR SHORT: Move favorable report.
SENATOR KNOTTS: Second.
CHAIRMAN PHILLIPS: Move favorable report on Ms. Bain and Mr. Gause by Senator Short, second by Senator Knotts. All in favor signify by saying "aye". COMMITTEE: Aye.
CHAIRMAN PHILLIPS: Okay. Mr. Raghu Korrapati and Susan J. Smith-Rex are not here, and they will be screened on the 29th, so that means that for that Winthrop seat, Winthrop will not be able to solicit until the Wednesday following the 29th.
SENATOR KNOTTS: Did you also do Charles Barnes?
CHAIRMAN PHILLIPS: Who? Now we'll ask ... I believe we had someone to leave and come back? Fred Gallant?
MS. FLOYD: He's on his way.
CHAIRMAN PHILLIPS: He's on the way. All right. Anybody else here to be screened, we haven't skipped any names or anything? Okay. Then you're welcome to go. Thank you very much for coming. Thank you for putting your application and wanting to serve the State of South Carolina on various boards and commissions, and we appreciate that opportunity to meet and talk with you here this morning. We're waiting on Mr. Gallant, and while he's on his way, we can continue on with the election of officers. The election of officers should be at this time. (Off the Record)
CHAIRMAN PHILLIPS: 2nd District, Seat 2, unexpired term, 2007, Mr. Frederick R. Gallant.
MR. GALLANT: Yes, sir.
CHAIRMAN PHILLIPS: In person.
MR. GALLANT: Yes, it's me, for sure.
CHAIRMAN PHILLIPS: Thank you, sir. Please raise your right hand.
MR. GALLANT: (Mr. Gallant does as requested.)
CHAIRMAN PHILLIPS: Will the information given here today be the truth, nothing but the truth, so help you God?
MR. GALLANT: Yes, sir.
CHAIRMAN PHILLIPS: Sir, do you hold any other elected or appointed positions that would cause a dual office-holding?
MR. GALLANT: No, I don't.
CHAIRMAN PHILLIPS: None. Do you have any health- related problems the committee needs to be made aware of?
MR. GALLANT: No, I don't.
CHAIRMAN PHILLIPS: None. Do you have any hobbies that would cause you not to be able to attend or any conflict of interest where you wouldn't be able to attend the board meetings?
MR. GALLANT: No, sir.
CHAIRMAN PHILLIPS: If elected, and you are elected. All right, sir. Just give us a brief, brief, brief statement.
MR. GALLANT: Okay. Well, thank you. I appreciate your patience in allowing us to get here today. As I said in my original writeup, I have a firm interest in being on the Board of Trustees at South Carolina State University. The university is the one that I've been familiar with basically all of my life. My father attended the university. My siblings did also, so I have a true love for the university. And also I feel that I would be an asset to the Board of Trustees given my business background. I think I can bring a lot of business and acumen to the board in helping them grow the university, reaching out to communities, reaching out to other businesses to help grow the financial base of the university also.
CHAIRMAN PHILLIPS: Have you got any questions of Mr. Gallant? Representative Martin.
REPRESENTATIVE MARTIN: So I take it that Representative Taylor here is a friend of yours?
MR. GALLANT: We're associates, yes, ma'am.
REPRESENTATIVE MARTIN: Well, that's a plus.
MR. GALLANT: Well, that's good. Thank you.
REPRESENTATIVE MARTIN: It sound like that you've got a lot of good things going here. I'll just make a motion that we approve his application also.
CHAIRMAN PHILLIPS: You make a motion that we ...
REPRESENTATIVE MARTIN: Since he's already ...
CHAIRMAN PHILLIPS: ... give him clearance that he can go ahead and start soliciting on 3/17, next Thursday at 11:00?
REPRESENTATIVE MARTIN: Do we have any others that we have to wait for?
CHAIRMAN PHILLIPS: No others.
REPRESENTATIVE MARTIN: Yes, sir, I do.
CHAIRMAN PHILLIPS: Thank you so much for wanting and being willing to serve. And we'll see you on the 17th or thereafter.
MR. GALLANT: All right. Thank you, sir. Thank you, ma'am.
CHAIRMAN PHILLIPS: On the 3/17 at 11:00, you are eligible to have Mr. Taylor start walking for you.
MR. GALLANT: Okay. All right.
CHAIRMAN PHILLIPS: Thank you.
MR. GALLANT: Thank you. I appreciate your patience. Thank you. All right. (Concluded at 1:40 p.m.)

Received as information.

The following were received and referred to the appropriate committee for consideration:

Document No. 2965
Agency: Department of Insurance
Statutory Authority: 1976 Code Sections 38-3-110, 38-55-50, 38-73-320; 1-23-10, et seq.
Agent Fees for DMV Compliance
Received by Speaker of the House of Representatives
March 15, 2005
Referred to Labor, Commerce and Industry Committee
Legislative Review Expiration July 13, 2005

Document No. 2967
Agency: Department of Insurance
Statutory Authority: 1976 Code Sections 38-3-110; 38-73-70; 38-73-495; 38-73-510; 1-23-10, et seq.
Workers' Compensation Advisory Board
Received by Speaker of the House of Representatives
March 15, 2005
Referred to Labor, Commerce and Industry Committee
Legislative Review Expiration July 13, 2005

Document No. 2968
Agency: Department of Insurance
Statutory Authority: 1976 Code Sections 38-3-110; 38-73-70; 38-73-640; 1-23-10, et seq.
Workers' Compensation Assigned Risk Rates
Received by Speaker of the House of Representatives
March 15, 2005
Referred to Labor, Commerce and Industry Committee
Legislative Review Expiration July 13, 2005 (Subject to Sine Die Revision)

Document No. 2966
Agency: Department of Insurance
Statutory Authority: 1976 Code Sections 38-3-110; 1-23-10, et seq.
Repeal 69-2, Annual Renewal Plan
Received by Speaker of the House of Representatives
March 15, 2005
Referred to Labor, Commerce and Industry Committee
Legislative Review Expiration July 13, 2005 (Subject to Sine Die Revision)

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

H. 3746 (Word version) -- Rep. Vick: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES OF THE STATE OF SOUTH CAROLINA TO THE CHESTERFIELD HIGH SCHOOL "RAMS" WRESTLING TEAM, HEAD COACH LANCE ABERNATHY, AND OTHER SCHOOL OFFICIALS AT A DATE AND TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF CONGRATULATING AND HONORING THE TEAM ON THEIR SECOND CONSECUTIVE CLASS AA/A STATE CHAMPIONSHIP.

Be it resolved by the House of Representatives:

That the privilege of the floor of the House of Representatives of the State of South Carolina is extended to the Chesterfield High School "Rams" Wrestling Team, Head Coach Lance Abernathy, and other school officials, at a date and time to be determined by the Speaker, for the purpose of congratulating and honoring the team for their second consecutive Class AA/A State Championship.

The Resolution was adopted.

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

H. 3747 (Word version) -- Reps. Taylor, M. A. Pitts and Duncan: A HOUSE RESOLUTION EXPRESSING THE DESIRE OF THE MEMBERS OF THE HOUSE OF REPRESENTATIVES OF THE STATE OF SOUTH CAROLINA THAT ALL FUTURE EDITIONS OF THE LEGISLATIVE MANUAL CONTAIN THE NAME OF EACH SOIL AND WATER CONSERVATION DISTRICT COMMISSIONER AND CONTACT INFORMATION.

Whereas, the House of Representatives of South Carolina causes to be published annually a South Carolina Legislative Manual; and

Whereas, the Legislative Manual is a highly regarded and keenly sought repository of facts and figures about the State of South Carolina and its elected and appointed officials; and

Whereas, Soil and Water Conservation District Commissioners are elected pursuant to Section 48-9-1220 of the South Carolina Code; and

Whereas, the lands of the State of South Carolina are among the basic and valuable assets of the State, and preservation of these lands is necessary to protect and promote the health, safety, and general welfare of its residents; and

Whereas, the commissioners dutifully serve the residents of this State through their commitment to the conservation of the soil and water resources of this State so as to preserve its beauty and value for future generations; and

Whereas, the interests of the residents of South Carolina would be served by including in the Legislative Manual the name of each commissioner and the name of the district in which each commissioner serves. Now, therefore,

Be it resolved by the House of Representatives:

That the Clerk of the House of Representatives shall cause to be included in the 2006 Legislative Manual, and each successive edition, the name, business address, and business telephone number of each Soil and Water Conservation District Commissioner and the name of the district for which the commissioner serves.

Be it further resolved that a copy of this resolution be forwarded to the Clerk of the House of Representatives.

The Resolution was adopted.

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

H. 3748 (Word version) -- Rep. Littlejohn: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO THE BROOME HIGH SCHOOL "CENTURIONS" BOYS' BASKETBALL TEAM, COACH HAL MCMANUS, AND OTHER SCHOOL OFFICIALS, AT A TIME AND DATE TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF CONGRATULATING AND HONORING THE TEAM ON ITS 2004-2005 STATE AA CHAMPIONSHIP.

Be it resolved by the House of Representatives:

That the members of the House of Representatives extend privilege of the floor to Broome High School "Centurions" boys' basketball team, Coach Hal McManus, and other school officials, at a time and date to be determined by the Speaker, for the purpose of congratulating and honoring the team on its 2004-2005 State AA Championship.

The Resolution was adopted.

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

H. 3749 -- Reps. Govan, Scott, Parks, Rutherford, Ott, Hosey and Cobb-Hunter: A HOUSE RESOLUTION GRANTING THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO THE 2004 SOUTH CAROLINA STATE UNIVERSITY FOOTBALL BULLDOGS AT A DATE AND TIME TO BE DETERMINED BY THE SPEAKER FOR THE PURPOSE OF RECOGNIZING THEM AND THEIR HEAD COACH BUDDY POUGH AND HIS STAFF ON THEIR STELLAR SEASON.

Be it resolved by the House of Representatives:

That the privilege of the floor of the House of Representatives is extended to the 2004 South Carolina State University football Bulldogs at a time and date to be determined by the Speaker for the purpose of recognizing them and their head coach Buddy Pough and his staff on their stellar season.

Be it further resolved that a copy of this resolution be presented to Coach Buddy Pough.

The Resolution was adopted.

The following was introduced:

H. 3750 (Word version) -- Reps. Thompson, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, Barfield, Battle, Bingham, Bowers, Brady, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Frye, Funderburk, Govan, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hiott, Hosey, Howard, Huggins, Jefferson, Jennings, Kennedy, Kirsh, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Norman, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rhoad, Rice, Rivers, Rutherford, Sandifer, Scarborough, Scott, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Stewart, Talley, Taylor, Toole, Townsend, Tripp, Umphlett, Vaughn, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A HOUSE RESOLUTION EXPRESSING THE APPRECIATION OF THE MEMBERS OF THE HOUSE OF REPRESENTATIVES FOR THE DISTINGUISHED PUBLIC SERVICE OF DR. NORMAN TRAVIS ROBERTSON, SR., ON BEHALF OF THE ANDERSON, OCONEE, PICKENS MENTAL HEALTH CENTER ON THE OCCASION OF HIS RETIREMENT IN APRIL, 2005.

The Resolution was adopted.

The following was introduced:

H. 3751 (Word version) -- Rep. Vick: A CONCURRENT RESOLUTION TO RECOGNIZE AND CONGRATULATE THE CHESTERFIELD HIGH SCHOOL "RAMS" WRESTLING TEAM, HEAD COACH LANCE ABERNATHY, AND HIS STAFF FOR THEIR OUTSTANDING 2004-2005 SEASON AND SECOND CONSECUTIVE CLASS AA/A STATE CHAMPIONSHIP.

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

The following was introduced:

H. 3752 (Word version) -- Rep. Littlejohn: A CONCURRENT RESOLUTION TO CONGRATULATE THE BROOME HIGH SCHOOL "CENTURIONS" OF SPARTANBURG COUNTY ON THEIR 2004-2005 STATE AA BASKETBALL CHAMPIONSHIP, AND TO HONOR THE PLAYERS AND COACH HAL MCMANUS AND HIS FINE STAFF ON THEIR IMPRESSIVE SEASON.

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

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

H. 3753 (Word version) -- Reps. Duncan, M. A. Pitts, Taylor, Altman, Hamilton, Hosey, Limehouse, Littlejohn and Umphlett: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-6-165 SO AS TO PROHIBIT A HOSPITAL THAT RECEIVES STATE FUNDS, INCLUDING MEDICAID FUNDS, TO PROVIDE NONREIMBURSABLE, NONEMERGENCY HEALTHCARE SERVICES TO AN ILLEGAL ALIEN UNLESS THAT PERSON PROVIDES PAYMENT FOR THESE SERVICES.
Referred to Committee on Medical, Military, Public and Municipal Affairs

H. 3754 (Word version) -- Reps. Duncan, Taylor, Skelton, R. Brown, Clemmons, Hagood, Hardwick, Herbkersman, Littlejohn, Mahaffey, McCraw, Sinclair, Whitmire and Witherspoon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-5100 SO AS TO ALLOW A TAXPAYER WHO WISHES TO MAKE A CONTRIBUTION TOWARD K-12 PUBLIC EDUCATION IN THIS STATE TO DO SO BY DESIGNATING FIVE DOLLARS TO BE PAID WITH HIS INCOME TAX RETURN IN THE MANNER PROVIDED BY THIS SECTION AND TO PROVIDE THAT FUNDS DERIVED FROM THESE CONTRIBUTIONS MUST BE TRANSFERRED TO THE STATE DEPARTMENT OF EDUCATION AND USED TO INCREASE THE BASE STUDENT COST PROVIDED PURSUANT TO THE EDUCATION FINANCE ACT.
Referred to Committee on Ways and Means

H. 3755 (Word version) -- Rep. Kirsh: A BILL TO AMEND CHAPTER 4 OF TITLE 6, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ALLOCATION OF THE ACCOMMODATIONS TAX REVENUES, SO AS TO PROVIDE FOR THE TOURISM EXPENDITURE REVIEW COMMITTEE AND TO MAKE TECHNICAL AND CLARIFICATION CHANGES.
Referred to Committee on Ways and Means

H. 3756 (Word version) -- Rep. Kirsh: A BILL TO AMEND SECTION 12-6-1130, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMPUTATION OF TAXABLE INCOME FOR STATE INCOME TAX PURPOSES, SO AS TO PROVIDE THAT A DEDUCTION MUST NOT BE TAKEN BY A RELATED PERSON FOR THE ACCRUAL OF INTEREST OR EXPENSE OR BY THE HOLDER OF AN OBLIGATION FOR INTEREST PAID AS A DIVIDEND EXCEPT AS PROVIDED.
Referred to Committee on Ways and Means

H. 3757 (Word version) -- Rep. Kirsh: A BILL TO AMEND SECTION 12-6-5060, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOLUNTARY CONTRIBUTIONS TO CERTAIN FUNDS AS DESIGNATED ON THE STATE INCOME TAX RETURN, SO AS TO INCLUDE ALL THE TRUST FUNDS THAT MAY BE DESIGNATED; AND TO REPEAL SECTIONS 12-6-5065, 12-6-5070, 12-6-5080, 12-6-5085, AND 12-6-5090 RELATING TO THE GIFT OF LIFE, VETERANS', DARE, LITTER CONTROL, AND LAW ENFORCEMENT ASSISTANCE TRUST FUNDS, RESPECTIVELY.
Referred to Committee on Ways and Means

H. 3758 (Word version) -- Rep. Kirsh: A BILL TO AMEND SECTION 12-54-250, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEPARTMENT OF REVENUE'S AUTHORITY TO REQUIRE PAYMENT WITH IMMEDIATELY AVAILABLE FUNDS FOR DEBTS OF AT LEAST TWENTY THOUSAND DOLLARS, SO AS TO PROVIDE THAT CERTAIN TAX RETURN PREPARERS ARE REQUIRED TO SUBMIT RETURNS AND MAKE PAYMENTS ASSOCIATED WITH THOSE RETURNS BY ELECTRONIC MEANS UNDER CERTAIN CIRCUMSTANCES, OR BY 2D BARCODE OR ANOTHER MEANS UNDER OTHER CIRCUMSTANCES, TO PROVIDE THAT THE DEPARTMENT MUST NOTIFY THE PUBLIC OF THIS REQUIREMENT, TO PROVIDE A DEFINITION FOR THE TERM "TAX RETURN PREPARER", TO ALLOW A TAX RETURN PREPARER TO BE EXEMPTED FROM THE REQUIREMENTS CONTAINED IN THIS PROVISION, AND TO PROVIDE A PENALTY.
Referred to Committee on Ways and Means

H. 3759 (Word version) -- Rep. Kirsh: A BILL TO AMEND SECTION 12-37-2720, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXEMPTION FROM PROPERTY TAXES OF MOTOR VEHICLES WHICH ARE PART OF THE INVENTORY HELD FOR SALE BY A LICENSED MOTOR VEHICLE DEALER AND WHICH ARE OPERATED ON THE HIGHWAYS UNDER A DEALER TAG, SO AS TO REQUIRE THAT THESE VEHICLES TO BE EXEMPT ALSO MUST BE USED EXCLUSIVELY FOR DEALER PURPOSES.
Referred to Committee on Ways and Means

H. 3760 (Word version) -- Rep. Kirsh: A BILL TO AMEND SECTION 12-36-110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF "RETAIL SALE" FOR PURPOSES OF THE SALES AND USE TAX, SO AS TO FURTHER PROVIDE FOR THE MANNER IN WHICH THE SALES TAX OR USE TAX ON BUILDING MATERIALS OF A MANUFACTURER USED IN THE PERFORMANCE OF A CONSTRUCTION CONTRACT MUST BE COMPUTED.
Referred to Committee on Ways and Means

H. 3761 (Word version) -- Rep. Kirsh: A BILL TO AMEND SECTION 12-36-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GROSS PROCEEDS FOR PURPOSES OF THE SALES AND USE TAX, SO AS TO EXCLUDE AS GROSS PROCEEDS THE FAIR MARKET VALUE OF TANGIBLE PERSONAL PROPERTY USED OR CONSUMED FROM BUSINESS OR STOCK IF THE PROPERTY IS REPLACING A DEFECTIVE PART IN CONNECTION WITH A WARRANTY OR SERVICE CONTRACT AND THE TAX WAS PAID EARLIER ON THE SALE OR RENEWAL OF THE CONTRACT OR THE TAX WAS PAID ON THE SALE OF THE DEFECTIVE PART OR THE PROPERTY IT WAS PART OF; TO AMEND SECTION 12-36-910, AS AMENDED, RELATING TO THE IMPOSITION OF THE SALES TAX ON TANGIBLE PERSONAL PROPERTY, SO AS TO INCLUDE THE GROSS PROCEEDS ACCRUING FROM THE SALE OR RENEWAL OF A WARRANTY OR SERVICE CONTRACT; AND SECTION 12-36-1310, AS AMENDED, RELATING TO IMPOSITION OF THE USE TAX, SO AS TO APPLY IT TO GROSS PROCEEDS ACCRUING FROM THE SALE OR RENEWAL OF A WARRANTY OR SERVICE CONTRACT.
Referred to Committee on Ways and Means

H. 3762 (Word version) -- Rep. Kirsh: A BILL TO AMEND SECTION 30-9-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FILING OF WRITTEN INSTRUMENTS, SO AS TO AUTHORIZE THE PERSON SUBMITTING A DOCUMENT THAT THE REGISTER OF DEEDS HAS REFUSED TO FILE TO COMMENCE SUIT REQUIRING THE CLERK OF COURT OR REGISTER OF DEEDS TO ACCEPT THE DOCUMENT FOR FILING, TO DELETE THE PROVISIONS THAT ESTABLISH A PROCEDURE FOR A PERSON TO HAVE A DOCUMENT ACCEPTED FOR FILING AFTER A SWORN AFFIDAVIT IS SUBMITTED, AND TO PROVIDE A PROCEDURE FOR PREVENTING THE CLERK OF COURT OR REGISTER OF DEEDS FROM REMOVING A DOCUMENT.
Referred to Committee on Judiciary

H. 3763 (Word version) -- Rep. Kirsh: A BILL TO AMEND SECTION 6-32-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY TAX CREDITS, SO AS TO MAKE A TECHNICAL CHANGE REGARDING THE TAXATION OF CERTAIN ENTITIES PURSUANT TO SUBCHAPTER K OF THE INTERNAL REVENUE CODE.
Referred to Committee on Ways and Means

H. 3764 (Word version) -- Rep. Kirsh: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 23 IN CHAPTER 35 OF TITLE 11 SO AS TO REQUIRE STATE PROCUREMENTS OF TANGIBLE PERSONAL PROPERTY TO BE MADE FROM VENDORS WHO ARE LICENSED BY THE SOUTH CAROLINA DEPARTMENT OF REVENUE AND WHO AGREE TO REMIT SOUTH CAROLINA SALES AND USE TAX, TO PROVIDE FOR EXCEPTIONS TO THIS REQUIREMENT, AND TO PROVIDE FOR THE ENFORCEMENT OF THIS REQUIREMENT.
Referred to Committee on Ways and Means

H. 3765 (Word version) -- Rep. Kirsh: A BILL TO AMEND SECTION 12-54-43, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CIVIL PENALTIES APPLICABLE TO TAX AND REVENUE LAW, SO AS TO PROVIDE THAT IF A TAXPAYER ASSERTS A VALUE FOR PROPERTY USED IN, OR OWNED BY, A BUSINESS FOR PROPERTY TAX PURPOSES THAT IS FIFTY PERCENT OR MORE BELOW THE PROPERTY'S PROPERTY TAX VALUE, THERE MUST BE ADDED TO THE TAX AN AMOUNT EQUAL TO FIFTY PERCENT OF THE UNDERPAYMENT WHICH WOULD HAVE RESULTED IF THE VALUE ASSERTED HAD BEEN ACCEPTED.
Referred to Committee on Ways and Means

H. 3766 (Word version) -- Rep. Kirsh: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-58-190 SO AS TO PROVIDE THAT A REFUND MAY NOT BE DENIED OR DELAYED BECAUSE AN AUDIT FOR ANOTHER TAX OR TAX PERIOD IS PLANNED OR IN PROCESS, AND TO PROVIDE FOR DISCIPLINARY ACTION; AND TO REPEAL SECTION 12-58-170 RELATING TO AN ACTION AGAINST THE STATE FOR VIOLATION OF PROCEDURES PUBLISHED BY THE DEPARTMENT OF REVENUE.
Referred to Committee on Ways and Means

H. 3767 (Word version) -- Rep. Kirsh: A BILL TO AMEND SECTION 12-2-75, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SIGNATORIES TO TAX RETURNS, SO AS TO AUTHORIZE A QUALIFIED TAX PREPARER TO SIGN ELECTRONICALLY; TO AMEND SECTION 12-4-30, RELATING TO COMPOSITION OF THE DEPARTMENT OF REVENUE, SO AS TO DELETE OUT-DATED LANGUAGE; TO AMEND SECTION 12-4-540, RELATING TO APPRAISAL, ASSESSMENT, AND EQUALIZATION OF TAXABLE VALUES OF CORPORATE PROPERTY, SO AS TO MAKE A GRAMMATICAL CHANGE; TO AMEND SECTION 12-6-50, AS AMENDED, RELATING TO SECTIONS OF THE INTERNAL REVENUE CODE NOT ADOPTED BY SOUTH CAROLINA, SO AS TO ADD A CROSS REFERENCE; TO AMEND SECTION 12-6-1170, RELATING TO INCOME DEDUCTION FROM TAXABLE RETIREMENT INCOME, SO AS TO ADD CLARIFYING LANGUAGE; TO AMEND SECTION 12-6-1720, RELATING TO TAXABLE INCOME REPORTABLE BY A NONRESIDENT, SO AS TO INCLUDE LOTTERY AND BINGO WINNINGS; TO AMEND SECTION 12-6-3360, AS AMENDED, RELATING TO THE JOB TAX CREDIT, SO AS TO CORRECT A CROSS REFERENCE; TO AMEND SECTION 12-6-3570, AS AMENDED, RELATING TO TAX CREDITS FOR A MOTION PICTURE PRODUCTION COMPANY, SO AS TO CORRECT A CROSS REFERENCE; TO AMEND SECTION 12-10-80, AS AMENDED, RELATING TO JOB DEVELOPMENT CREDITS, SO AS TO PROVIDE THAT THE COUNTY DESIGNATION IS EFFECTIVE AS OF THE DATE THE APPLICATION FOR CREDITS IS RECEIVED; TO AMEND SECTION 12-54-55, AS AMENDED, RELATING TO INTEREST ON THE UNDERPAYMENT OF ESTIMATED TAX, SO AS TO INCLUDE SMALL AMOUNT PROVISIONS; TO AMEND SECTION 12-54-70, RELATING TO THE EXTENSION OF TIME FOR FILING TAX RETURNS, SO AS TO CLARIFY A CROSS REFERENCE; TO AMEND SECTION 12-54-110, AS AMENDED, RELATING TO THE POWER OF THE DEPARTMENT OF REVENUE TO SUMMON A PERSON, SO AS TO PROVIDE THAT AN ADMINISTRATIVE LAW JUDGE HOLD A CONTEMPT HEARING ON FAILURE TO COMPLY WITH A SUMMONS; AND TO AMEND SECTION 12-60-90, AS AMENDED, RELATING TO SANCTIONS AGAINST A PERSON AUTHORIZED TO REPRESENT A TAXPAYER ADMINISTRATIVELY, SO AS TO INCLUDE A MONETARY PENALTY AND MAKE A CLARIFICATION.
Referred to Committee on Ways and Means

H. 3768 (Word version) -- Rep. Kirsh: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-21-1085 SO AS TO PROVIDE FOR SALES AND USE TAXES ON BEER AND WINE; BY ADDING SECTION 12-28-1400 SO AS TO REQUIRE THE REPORTING THE DEPARTMENT OF REVENUE REQUIRES BY REGULATION FOR PURPOSES OF THE USER FEE ON MOTOR FUELS AND PROVIDE AN ADDITIONAL CIVIL PENALTY FOR VIOLATORS; BY ADDING SECTION 12-54-123 SO AS TO PROTECT FROM LIABILITY A PERSON WHO SURRENDERS THE PROPERTY OF ANOTHER LEVIED ON BY THE DEPARTMENT OF REVENUE; BY ADDING CHAPTER 55 TO TITLE 12, ENACTING THE OVERDUE DEBT COLLECTION ACT AUTHORIZING THE SOUTH CAROLINA DEPARTMENT OF REVENUE TO IMPOSE A COLLECTION ASSISTANCE FEE ON CERTAIN OVERDUE TAX DEBTS EQUAL TO TWENTY PERCENT OF THE OVERDUE AMOUNT AND TO ALLOW THE DEPARTMENT TO RETAIN A PORTION OF THE COLLECTION ASSISTANCE FEE FOR ITS OPERATION; BY ADDING SECTION 61-4-725 SO AS TO ALLOW A LICENSED WINERY TO SELL, DELIVER, AND PERMIT ON-PREMISES CONSUMPTION ON SUNDAYS IN JURISDICTIONS WHERE MINIBOTTLE SALES ARE ALLOWED ON SUNDAYS; TO AMEND SECTION 4-29-67, AS AMENDED, RELATING TO THE FEE IN LIEU OF PROPERTY TAX, SO AS TO DELETE THE NET PERCENT VALUE METHOD OF CALCULATING ANNUAL FEE PAYMENTS; TO AMEND SECTION 6-1-320, AS AMENDED, RELATING TO THE LIMITS ON ANNUAL INCREASES IN LOCAL GOVERNMENT AND SCHOOL DISTRICT PROPERTY TAX MILLAGE, SO AS TO CLARIFY THE METHOD OF CALCULATING THE ALLOWED CONSUMER PRICE INDEX INCREASE IN THE MILLAGE RATE; TO AMEND SECTIONS 12-6-40 AND 12-6-50, BOTH AS AMENDED, RELATING TO DEFINITIONS AND CONFORMITY PROVISIONS FOR PURPOSES OF THE SOUTH CAROLINA INCOME TAX ACT, SO AS TO UPDATE THE REFERENCE DATE BY WHICH THIS STATE ADOPTS VARIOUS PROVISIONS OF THE INTERNAL REVENUE CODE OF 1986 AND CLARIFY THOSE PROVISIONS NOT ADOPTED; TO AMEND SECTIONS 12-6-1110 AND 12-6-1130, RELATING TO CALCULATIONS OF INCOME, SO AS TO PROVIDE FOR CALCULATIONS WITHOUT SOME OF THE DEDUCTIONS ALLOWED BY THE INTERNAL REVENUE CODE; TO AMEND SECTION 12-6-1140, AS AMENDED, RELATING TO DEDUCTIONS FROM SOUTH CAROLINA INDIVIDUAL TAXABLE INCOME FOR PURPOSES OF THE STATE INCOME TAX, SO AS TO DELETE AN OBSOLETE DEDUCTION RELATING TO MEDICAL INSURANCE PREMIUMS; TO AMEND SECTION 12-6-2220, RELATING TO ALLOCATION AND APPORTIONMENT FOR PURPOSES OF THE STATE INCOME TAX, SO AS TO PROVIDE FOR THE ALLOCATION OF DIVIDENDS; TO AMEND SECTION 12-6-3360, AS AMENDED, RELATING TO THE TARGETED JOBS TAX CREDIT, SO AS TO REVISE THE DEFINITION OF "NEW JOB"; TO AMEND SECTION 12-6-3365, AS AMENDED, RELATING TO THE CORPORATE INCOME TAX MORATORIUM FOR JOB CREATION, SO AS TO CLARIFY THE APPLICATION OF THE MORATORIUM TO INSURANCE PREMIUM TAXES; TO AMEND SECTION 12-6-3480, RELATING TO TAX CREDITS, SO AS TO FURTHER PROVIDE THE MANNER IN WHICH CREDITS ARE ALLOWED AND MAY BE CLAIMED; TO AMEND SECTION 12-6-4910, AS AMENDED, RELATING TO THOSE REQUIRED TO FILE INCOME TAX RETURNS, SO AS TO PROVIDE FOR THOSE NONRESIDENTS REQUIRED TO FILE IN THIS STATE; TO AMEND SECTIONS 12-6-5020, AS AMENDED, AND 12-6-5030, RELATING TO THE FILING OF CONSOLIDATED CORPORATE INCOME TAX RETURNS AND COMPOSITE INDIVIDUAL INCOME TAX RETURNS, SO AS TO REQUIRE THE DETERMINATION OF CREDITS ON A CONSOLIDATED BASIS AND FURTHER PROVIDE FOR COMPOSITE RETURNS; TO AMEND SECTION 12-8-520 RELATING TO STATE INCOME TAX WITHHOLDING, SO AS TO PROVIDE FOR THE WITHHOLDING OF PARTNERSHIP AND SUBCHAPTER "S" CORPORATION INCOME OF NONRESIDENTS; TO AMEND SECTION 12-8-1520, RELATING TO STATE INCOME TAX WITHHOLDING, SO AS TO PROVIDE ADDITIONAL REQUIREMENTS FOR WITHHOLDING AGENTS; TO AMEND SECTION 12-10-105, RELATING TO ANNUAL FEES FOR JOB DEVELOPMENT CREDITS FOR PURPOSES OF THE ENTERPRISE ZONE ACT OF 1995, SO AS TO EXTEND THESE FEES TO JOB RETRAINING CREDITS IN EXCESS OF TEN THOUSAND DOLLARS AND PROVIDE FOR THE COLLECTION OF THESE FEES; TO AMEND SECTION 12-20-105, AS AMENDED, RELATING TO TAX CREDITS FOR PURPOSES OF THE CORPORATE LICENSE TAX, SO AS TO CLARIFY THE APPLICATION OF THESE CREDITS; TO AMEND SECTION 12-28-740, RELATING TO EXEMPTIONS FROM THE MOTOR FUELS USER FEE, SO AS TO DELETE A REFERENCE TO A CREDIT; TO AMEND SECTIONS 12-21-1090 AND 12-21-6550, RELATING TO LICENSE TAXES, SO AS TO PROVIDE FOR THE PERMISSIVE PROMULGATION OF REGULATIONS AND FURTHER PROVIDE FOR THE APPLICATIONS REQUIRED PURSUANT TO THE TOURISM INFRASTRUCTURE ADMISSIONS TAX ACT; TO AMEND SECTION 12-28-1730, AS AMENDED, RELATING TO PENALTIES FOR PURPOSES OF THE MOTOR FUELS TAX, SO AS TO DELETE A CIVIL PENALTY; TO AMEND SECTION 12-36-530, RELATING TO THE REQUIREMENT FOR THE RETURN OF A RETAIL LICENSE WHEN A BUSINESS CLOSES OR IS SOLD, SO AS TO ELIMINATE THE REQUIREMENT THAT THE TAX IS DUE AT THE TIME OF SALE AND CONSTITUTES A LIEN ON THE PROPERTY IN THE HANDS OF THE PURCHASER; TO AMEND SECTION 12-36-1310, AS AMENDED, RELATING TO THE SOUTH CAROLINA SALES AND USE TAX ACT, SO AS TO FURTHER PROVIDE FOR THE APPLICATION OF SALES TAX TO TELECOMMUNICATIONS SERVICES; TO AMEND SECTION 12-36-2120, AS AMENDED, RELATING TO SALES AND USE TAX EXEMPTIONS, SO AS TO EXEMPT PRESCRIPTIONS AND OVER-THE-COUNTER MEDICINES AND MEDICAL SUPPLIES SOLD TO A FREE CLINIC; TO AMEND SECTION 12-36-2510, RELATING TO THE SOUTH CAROLINA SALES AND USE TAX ACT, SO AS TO PROVIDE FURTHER FOR THE ISSUE OF CERTIFICATES BY THE DEPARTMENT OF REVENUE FOR DIRECT PAY AND EXEMPTIONS AND PROVIDE FOR MORE EFFICIENT ADMINISTRATION OF SALES TAXES AND SALES TAX EXEMPTIONS; TO AMEND SECTION 12-37-220, AS AMENDED, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO DELETE OBSOLETE REFERENCES IN EXISTING EXEMPTIONS; TO AMEND SECTION 12-37-230, RELATING TO SERVICE CONTRACTS WITH NONPROFIT HOUSING CORPORATIONS, SO AS TO ALLOW A COUNTY OR MUNICIPALITY TO CHARGE REASONABLE FEES FOR SERVICES NOT TO EXCEED TAXES THAT WOULD OTHERWISE BE DUE ON THE PROPERTY; TO AMEND SECTION 12-44-50, AS AMENDED, RELATING TO THE "FEE IN LIEU OF TAX SIMPLIFICATION ACT OF 1997", SO AS TO REVISE THE ELIGIBILITY TO USE THE NET PERCENT VALUE METHOD OF CALCULATING THE ANNUAL FEE PAYMENT; TO AMEND SECTIONS 12-54-42 AND 12-54-43, AS AMENDED, RELATING TO THE UNIFORM METHOD OF COLLECTION AND ENFORCEMENT OF STATE LEVIED TAXES, SO AS TO CLARIFY THE APPLICATION OF PENALTIES FOR FAILING TO PROVIDE WITHHOLDING STATEMENTS, AND CLARIFY AND REVISE THE APPLICATION OF CIVIL PENALTIES FOR FILING GROUNDLESS RETURNS OR FOR MISUSE OF A SALES TAX CERTIFICATE; TO AMEND SECTION 12-54-90, RELATING TO THE COLLECTION AND ENFORCEMENT OF STATE TAXES, SO AS TO ALLOW THE DEPARTMENT OF REVENUE TO REFUSE TO ISSUE A LICENSE TO A TAXPAYER IN VIOLATION; TO AMEND SECTIONS 12-54-210 AND 12-54-240, AS AMENDED, RELATING TO THE COLLECTION AND ENFORCEMENT OF STATE TAXES, SO AS TO INCREASE THE PENALTY FOR FAILURE TO KEEP RECORDS, FILE RETURNS, AND COMPLY WITH REGULATIONS, UPDATE REFERENCES RELATING TO THE CONFIDENTIALITY OF RETURNS, AND DELETE AN EXEMPTION TO THE CONFIDENTIALITY REQUIREMENTS FOR RECORDS SUBPOENAED BY A FEDERAL GRAND JURY; TO AMEND SECTION 12-58-185, AS AMENDED, RELATING TO THE TAXPAYERS' BILL OF RIGHTS, SO AS TO CLARIFY AND EXTEND THE APPLICATION OF HARDSHIP EXTENSIONS TO PAY; TO AMEND SECTIONS 12-60-420 AND 12-60-490, BOTH AS AMENDED, RELATING TO THE REVENUES PROCEDURE ACT, SO AS TO PROVIDE THAT THE APPLICATION OF A DIVISION DECISION OR A DETERMINATION OF DEFICIENCY APPLIES TO LOCAL TAXES ADMINISTERED BY THE DEPARTMENT OF REVENUE AND REQUIRE THE NOTICE TO PROVIDE THAT FAILURE TO FILE A PROTEST RESULTS IN A DECISION BECOMING FINAL AND TO PROVIDE, FURTHER, FOR SETOFFS AGAINST TAX REFUNDS; TO AMEND SECTION 61-4-747, RELATING TO REGULATION OF WINE, SO AS TO REQUIRE OUT-OF-STATE WINE SHIPPERS TO PAY SALES AND EXCISE TAXES ON WINE SHIPPED TO RESIDENTS OF THIS STATE BY JANUARY TWENTIETH OF EACH YEAR FOR THE PRECEDING YEAR; BY ADDING SECTION 33-14-420 SO AS TO FURTHER PROVIDE FOR CLAIMANTS AGAINST FUNDS OF A DISSOLVED CORPORATION; TO REPEAL SECTION 12-37-240, RELATING TO PAYMENTS IN LIEU OF TAXES BY EXEMPT NONPROFIT HOUSING CORPORATIONS AND SECTION 12-37-290, RELATING TO AN OBSOLETE HOMESTEAD EXEMPTION PROVISION.
Referred to Committee on Ways and Means

The following was introduced:

H. 3769 (Word version) -- Reps. Bingham, Ballentine, Clark, Frye, Haley, Huggins, McLeod, Ott, E. H. Pitts and Toole: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND MANY FRIENDS OF LOWELL C. "BUTCH" SPIRES, JR., OF LEXINGTON COUNTY UPON HIS DEATH AND TO EXPRESS THE GRATITUDE OF THE CITIZENS OF LEXINGTON COUNTY, THE MIDLANDS REGION, AND THE STATE OF SOUTH CAROLINA FOR HIS MANY CONTRIBUTIONS TO HIS COMMUNITY, COUNTY, AND STATE.

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

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

Agnew                  Altman                 Anderson
Anthony                Bales                  Ballentine
Barfield               Battle                 Bingham
Brady                  Branham                Breeland
J. Brown               R. Brown               Cato
Ceips                  Chalk                  Clark
Clemmons               Cooper                 Dantzler
Delleney               Duncan                 Edge
Frye                   Funderburk             Hagood
Haley                  Hardwick               Harrell
Harrison               Haskins                Hayes
Herbkersman            J. Hines               M. Hines
Hinson                 Hiott                  Hosey
Huggins                Jefferson              Kirsh
Leach                  Lee                    Littlejohn
Loftis                 Mahaffey               McCraw
McGee                  McLeod                 Merrill
Miller                 Moody-Lawrence         J. H. Neal
J. M. Neal             Neilson                Norman
Ott                    Owens                  Parks
Perry                  Pinson                 E. H. Pitts
M. A. Pitts            Rice                   Rivers
Sandifer               Scarborough            Scott
Simrill                Skelton                D. C. Smith
G. R. Smith            J. E. Smith            J. R. Smith
Stewart                Talley                 Taylor
Thompson               Toole                  Townsend
Umphlett               Vaughn                 Vick
Walker                 Weeks                  White
Whitmire               Wilkins                Witherspoon
Young

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

Phillip Sinclair                  James Lucas
Marty Coates                      Grady Brown
Daniel Tripp                      William Bowers
H.B. "Chip" Limehouse             David Mack
Glenn Hamilton                    Thad Viers
Jerry Govan                       Becky Martin
Kenneth Kennedy                   Gilda Cobb-Hunter
Karl Allen                        Ralph Davenport
Douglas Jennings                  G. Murrell Smith
Olin Phillips                     William Clyburn
Bill Cotty                        Doug Smith
Jackson "Seth"  Whipper           Eldridge Emory
George Bailey                     Fletcher Smith
Creighton Coleman                 Todd Rutherford
Leon Howard                       Alex Harvin
Converse Chellis

The SPEAKER granted Rep. RHOAD a leave of absence for the day due to a death in the family.

The SPEAKER granted Rep. Chellis a temporary leave of absence.

Announcement was made that Dr. John DuBose of Camden is the Doctor of the Day for the General Assembly.

In accordance with House Rule 5.2 below:
"5.2   Every bill before presentation shall have its title endorsed; every report, its title at length; every petition, memorial, or other paper, its prayer or substance; and, in every instance, the name of the member presenting any paper shall be endorsed and the papers shall be presented by the member to the Speaker at the desk. After a bill or resolution has been presented and given first reading, no further names of co-sponsors may be added. A member may add his name to a bill or resolution or a co-sponsor of a bill or resolution may remove his name at any time prior to the bill or resolution receiving passage on second reading. The member or co-sponsor shall notify the Clerk of the House in writing of his desire to have his name added or removed from the bill or resolution. The Clerk of the House shall print the member's or co-sponsor's written notification in the House Journal. The removal or addition of a name does not apply to a bill or resolution sponsored by a committee."

Bill Number:   H. 3213 (Word version)
Date:   ADD:
03/15/05   D. C. SMITH

Bill Number:   H. 3642 (Word version)
Date:   ADD:
03/15/05   COTTY

Bill Number:   H. 3693 (Word version)
Date:   ADD:
03/15/05   HAGOOD

Bill Number:   H. 3714 (Word version)
Date:   ADD:
03/15/05   HAGOOD

Bill Number:   H. 3727 (Word version)
Date:   ADD:
03/15/05   HAGOOD

Bill Number:   H. 3742 (Word version)
Date:   ADD:
03/15/05   HALEY

Bill Number:   H. 3742 (Word version)
Date:   ADD:
03/15/05   BALLENTINE

Bill Number:   H. 3264 (Word version)
Date:   ADD:
03/15/05   HARDWICK

Bill Number:   H. 3742 (Word version)
Date:   ADD:
03/15/05   MILLER

Bill Number:   H. 3742 (Word version)
Date:   ADD:
03/15/05   COBB-HUNTER

Bill Number:   H. 3742 (Word version)
Date:   ADD:
03/15/05   OTT

Bill Number:   H. 3742 (Word version)
Date:   ADD:
03/15/05   J. H. NEAL

Bill Number:   H. 3742 (Word version)
Date:   ADD:
03/15/05   ANTHONY

Bill Number:   H. 3742 (Word version)
Date:   ADD:
03/15/05   PHILLIPS

Bill Number:   H. 3742 (Word version)
Date:   ADD:
03/15/05   COLEMAN

Bill Number:   H. 3742 (Word version)
Date:   ADD:
03/15/05   BATTLE

Bill Number:   H. 3453 (Word version)
Date:   ADD:
03/15/05   CLEMMONS

Bill Number:   H. 3604 (Word version)
Date:   ADD:
03/15/05   HUGGINS

Bill Number:   H. 3604 (Word version)
Date:   ADD:
03/15/05   BINGHAM

Bill Number:   H. 3604 (Word version)
Date:   ADD:
03/15/05   CLARK

Bill Number:   H. 3742 (Word version)
Date:   ADD:
03/15/05   E. H. PITTS

Bill Number:   H. 3742 (Word version)
Date:   ADD:
03/15/05   MERRILL

Bill Number:   H. 3742 (Word version)
Date:   ADD:
03/15/05   HINSON

Bill Number:   H. 3742 (Word version)
Date:   ADD:
03/15/05   FRYE

Bill Number:   H. 3742 (Word version)
Date:   ADD:
03/15/05   CLARK

Bill Number:   H. 3742 (Word version)
Date:   ADD:
03/15/05   DUNCAN

Bill Number:   H. 3742 (Word version)
Date:   ADD:
03/15/05   BINGHAM

Bill Number:   H. 3742 (Word version)
Date:   ADD:
03/15/05   THOMPSON

Bill Number:   H. 3742 (Word version)
Date:   ADD:
03/15/05   CEIPS

Bill Number:   H. 3539 (Word version)
Date:   ADD:
03/15/05   HAGOOD

Bill Number:   H. 3778 (Word version)
Date:   ADD:
03/15/05   CHELLIS

Bill Number:   H. 3530 (Word version)
Date:   REMOVE:
03/15/05   BAILEY

Bill Number:   H. 3666 (Word version)
Date:   REMOVE:
03/15/05   FRYE

Debate was resumed on the following Bill, the pending question being the consideration of Part IB, Section 72.

H. 3716 -- Ways and Means Committee: A BILL TO MAKE APPROPRIATIONS AND TO PROVIDE REVENUES TO MEET THE ORDINARY EXPENSES OF STATE GOVERNMENT FOR THE FISCAL YEAR BEGINNING JULY 1, 2005; TO REGULATE THE EXPENDITURE OF SUCH FUNDS; AND TO FURTHER PROVIDE FOR THE OPERATION OF STATE GOVERNMENT DURING THE FISCAL YEAR AND FOR OTHER PURPOSES.

Reps. G. R. SMITH, KIRSH and J. R. SMITH proposed the following Amendment No. 1 (Doc Name h:\legwork\house\amend\h-wm\005\ 72.26 g.smith travel.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 72, GENERAL PROVISIONS, page 472, paragraph 26, line 24, by inserting after "lodging":/, not to exceed the current maximum lodging rates, excluding taxes, established by the U.S. General Services Administration. The lodging reimbursements for employees of a school district must also conform to these rates when that employee's travel reimbursement is paid by state funds that are transferred to the school district. /
Amend the bill further, as and if amended, page 472, paragraph 26, line 32, by striking /reasonable,/ and inserting /following maximum lodging rates as established by the U.S. General Services Administration. Any exceptions must have the written approval of the agency head,/
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Rep. G. R. SMITH explained the amendment.
The amendment was then adopted.

Rep. BRADY proposed the following Amendment No. 88 (Doc Name h:\legwork\house\amend\h-wm\008\brady 1.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 72, GENERAL PROVISIONS, page 483, paragraph 67, lines 26-31, by striking the paragraph in its entirety.
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Rep. BRADY explained the amendment.
The amendment was then adopted.

Reps. HARRELL and CEIPS proposed the following Amendment No. 35 (Doc Name h:\legwork\house\amend\council\ggs\ 22010htc05.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 72, GENERAL PROVISIONS, page 495, by adding an appropriately numbered new paragraph at the end to read:
/     72.____(GP:   Beaufort Water Festival)   Whereas, Beaufort is the second oldest city in the State, nestled on the coast between Charleston and Savannah, Georgia; and
Whereas, through the years the Beaufort Water Festival has become an important part of the city's unique culture and heritage. The family-oriented, totally volunteer-run event showcases the city's character and close connection with the water; and
Whereas, the Water Festival's origins date back to the 1930's when sailboat racing on the Beaufort River became popular. Members of the community later decided to create an event as a tribute to Beaufort's renowned southern hospitality and culturally diverse island lifestyle; and
Whereas, the first official Beaufort Water Festival was established in 1955; and
Whereas, the festival, which will be held from July 15-24, 2005, includes sporting events such as golf, tennis, croquet, bocce, and the ever-popular toad fishing. Live entertainment in the Waterfront Park includes music from the genres of Motown, Reggae, and Shag, just to name a few. Family entertainment includes a Children's Day, Teen Dance, and Talent Night; and
Whereas, the community's continuous dedication to providing visitors and residents quality entertainment has made the event one of the most popular volunteer festivals on the southeastern coast. Now, therefore, by this paragraph, July 2005, is proclaimed "Beaufort Water Festival Month" in South Carolina in recognition of the event's historic fiftieth anniversary.   /
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Rep. HARRELL explained the amendment.
The amendment was then adopted.

Rep. MERRILL proposed the following Amendment No. 81 (Doc Name h:\legwork\house\amend\h-wm\007\university lobbyist fund transfer merrill.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 72, GENERAL PROVISIONS, page 495, after line 29, by adding an appropriately numbered paragraph to read:
/(GP: Lobbyist Funds Transfer) The following agencies are directed to transfer the amounts listed, which have been used to pay contract lobbyists, to the State Treasurer's Office for deposit in Barnwell Subfund 4693, Atomic Wste Brl Fd. -Chm Nclr: University of Charleston, $7,500; Coastal Carolina University, $20,933; South Carolina State University, $17,175; University of South Carolina,
$15,709; Winthrop University, $20,833; and Technical and Comprehensive Education Board, $38,180./
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Rep. MERRILL explained the amendment.

Rep. SCOTT raised the Point of Order that under House Rule 5.3B Amendment No. 81 was not germane to the Bill in that it did not substantially relate directly to a line item in Part IA of the Appropriations Bill.
SPEAKER WILKINS stated that the amendment was germane and that a Part IB proviso was not required to relate to a line item in Part IA. He therefore overruled the Point of Order.

Rep. SCOTT moved to table the amendment.

Rep. MOODY-LAWRENCE demanded the yeas and nays which were taken, resulting as follows:

Those who voted in the affirmative are:

Allen                  Anderson               Anthony
Bales                  Battle                 Branham
Breeland               G. Brown               J. Brown
Cato                   Clemmons               Cooper
Funderburk             Govan                  Hayes
J. Hines               M. Hines               Hiott
Hosey                  Jefferson              Lee
Mack                   McCraw                 McLeod
Miller                 Moody-Lawrence         J. H. Neal
Perry                  Sandifer               Scott
Skelton                Stewart                Vick
Weeks

Those who voted in the negative are:

Agnew                  Altman                 Ballentine
Barfield               Bingham                Brady
Ceips                  Chalk                  Clark
Coates                 Cotty                  Dantzler
Delleney               Duncan                 Edge
Frye                   Hagood                 Haley
Hamilton               Hardwick               Harrell
Haskins                Herbkersman            Huggins
Kirsh                  Leach                  Limehouse
Littlejohn             Loftis                 Lucas
Mahaffey               Martin                 McGee
Merrill                Neilson                Norman
Owens                  Pinson                 E. H. Pitts
M. A. Pitts            Rice                   Scarborough
Simrill                Sinclair               D. C. Smith
G. R. Smith            J. R. Smith            Talley
Taylor                 Thompson               Toole
Townsend               Tripp                  Umphlett
Vaughn                 Viers                  Walker
White                  Whitmire               Wilkins
Witherspoon

So, the House refused to table the amendment.

The question then recurred to the adoption of the amendment, which was agreed to.

Rep. COBB-HUNTER proposed the following Amendment No. 85 (Doc Name h:\legwork\house\amend\h-wm\010\72 cja.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 72, GENERAL PROVISIONS, page 495, after line 29, by adding an appropriately numbered paragraph to read: /(GP: Criminal Justice Academy) To the extent that funds are available from the Sinking Fund, the Budget and Control Board shall transfer up to $2,000,000 to the Department of Public Safety Criminal Justice Academy for Academy Training Courses Refurbishment. /
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Rep. COBB-HUNTER explained the amendment.
The amendment was then adopted.

Rep. VIERS proposed the following Amendment No. 101 (Doc Name h:\legwork\house\amend\h-wm\004\newpaper exempt.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 72, GENERAL PROVISIONS, page 495, after line 29, by adding an appropriately numbered paragraph to read:
/For the current fiscal year, the provisions of Section 12-36-2120 (8) are suspended. Any and all revenue derived from this change is to be allocated to schools on a per pupil basis utilizing the 135 day count. School principals shall have the authority to exercise discretion in utilizing these funds./
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Rep. VIERS explained the amendment.

Rep. HARRELL spoke against the amendment.

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

Reps. EDGE and CHALK proposed the following Amendment No. 107 (Doc Name h:\legwork\house\amend\council\nbd\ 11582htc05.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 72, GENERAL PROVISIONS, page 495, by adding a new paragraph at the end appropriately numbered to read:
/72.__(GP: Use of State Accommodations Tax Revenue) Notwithstanding the provisions of Chapter 4 of Title 6 of the 1976 Code, and for the current fiscal year only, the first five percent of all revenues collected from the tax imposed pursuant to 12-36-2630(3) of the 1976 Code must be credited to the South Carolina Beach Restoration and Improvement Trust Fund established pursuant to Chapter 40, Title 48 of the 1976 Code./
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Rep. EDGE explained the amendment.
The amendment was then adopted.

Rep. NORMAN proposed the following Amendment No. 115 (Doc Name h:\legwork\house\amend\h-wm\005\norman.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 72, GENERAL PROVISIONS, page 474, paragraph 26, lines 10-15, by striking after /day./ : /When traveling on official business of the commission 50 or more miles outside the county of his official residence, each member shall be allowed a subsistence allowance in the amount as provided in this act for members of the General Assembly. When out-of-state, members of the Workers' Compensation Commission, Public Service Commission and the Employment Security Commission may claim the established amount of per diem, as stated in the General Appropriation Act, or actual expenses as deemed reasonable by the Comptroller General./
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Rep. NORMAN explained the amendment.

Rep. COOPER spoke against the amendment.

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

Section 72, as amended, was adopted.

Rep. COOPER proposed the following Amendment No. 15 (Doc Name h:\legwork\house\amend\h-wm\005\73.15 cooper regenesis.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 73, STATEWIDE REVENUE, page 505, paragraph 15, line 18, by striking /and $1,000,000/ and inserting /$750,000/
Amend the bill further, as and if amended, page 505, paragraph 15, line 19, by inserting after "Treatment":
/; and $250,000 for The ReGenesis Community Health Center/
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Rep. COOPER explained the amendment.

Rep. RICE moved to table the amendment, which was not agreed to.

The amendment was then adopted by a division vote of 58 to 16.

Rep. COOPER proposed the following Amendment No. 5 (Doc Name h:\legwork\house\amend\h-wm\002\73-17 aging.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 73, STATEWIDE REVENUE, page 506, paragraph 17, line 33, by striking:
/Subfund 4508 Sr Cit Ctrs Perm Imp Fund $332,516;/
Amend the bill further, as and if amended, page 507, paragraph 17, after line 25, by inserting:
/E04 Lieutenant Governor's Office

Subfund 4508 Sr Cit Ctrs Perm Imp Fund $332,516;/
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Rep. COOPER explained the amendment.
The amendment was then adopted.

Rep. COOPER proposed the following Amendment No. 73 (Doc Name h:\legwork\house\amend\h-wm\002\73-17 lac.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 73, STATEWIDE REVENUE, page 508, paragraph 17, line 29, by striking:/HAVA 359,727;/
Amend the bill further, as and if amended, page 508, paragraph 17, after line 33, by inserting:
/Office of Research & Statistics: Election File Merging 65,000;/
Amend the bill further, as and if amended, page 509, paragraph 17, line 2, by striking /150,000/ and inserting /318,000/
Amend the bill further, as and if amended, page 509, paragraph 17, after line 2, by inserting:
/A20 Legislative Audit Council

Operating Expenses $70,000;
P28 Department of Parks, Recreation and Tourism

Competitive Grants Program $56,727; /
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Rep. COOPER explained the amendment.
The amendment was then adopted.

Rep. HARRELL proposed the following Amendment No. 110 (Doc Name h:\legwork\house\amend\h-wm\002\73-18 usc-clem def main.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 73, STATEWIDE REVENUE, page 511, paragraph 18, line 21, by striking:
/b) Reedy River/Bike & Walking Trail $875,000;/
Amend the bill further, as and if amended, page 511, paragraph 18, after line 21, by inserting appropriately numbered items to read: /( ) H27 University of South Carolina

Deferred Maintenance $475,000;

( ) H12 Clemson University

Deferred maintenance $400,000;/
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Rep. HARRELL explained the amendment.
The amendment was then adopted.

Rep. HARRELL proposed the following Amendment No. 3 (Doc Name h:\legwork\house\amend\h-wm\002\73-18 effective.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 73, STATEWIDE REVENUE, page 511, paragraph 18, line 24, by inserting at the end:
/This provision takes effect July 1, 2005./
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Rep. HARRELL explained the amendment.
The amendment was then adopted.

Rep. WHITE proposed the following Amendment No. 111 (Doc Name h:\legwork\house\amend\h-wm\009\white $5 mil conserv bank.doc) $15million.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 73, STATEWIDE REVENUE, page 511, after line 24, by adding an appropriately numbered paragraph to read:
/(SR: Use of Conservation Bank to Restore Barnwell) The Conservation Bank is directed to transfer $5,000,000 to the State Treasurer's Office to restore Barnwell Subfund 4693 Atmc Wste Brl Fd-Chm Nclr./
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Rep. WHITE explained the amendment.

Rep. RIVERS spoke against the amendment.
Rep. HARRELL spoke against the amendment.

Rep. HARRELL moved to table the amendment.

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

Those who voted in the affirmative are:

Agnew                  Altman                 Anderson
Anthony                Bales                  Ballentine
Battle                 Bingham                Brady
Branham                Breeland               J. Brown
R. Brown               Cato                   Ceips
Chalk                  Clark                  Clyburn
Coates                 Cobb-Hunter            Coleman
Cotty                  Dantzler               Delleney
Edge                   Funderburk             Hagood
Haley                  Hamilton               Harrell
Haskins                Hayes                  Herbkersman
J. Hines               M. Hines               Hinson
Hiott                  Huggins                Jefferson
Jennings               Kennedy                Kirsh
Leach                  Lee                    Limehouse
Littlejohn             Lucas                  Mack
Mahaffey               McCraw                 McGee
McLeod                 Miller                 J. M. Neal
Neilson                Ott                    Parks
Phillips               Pinson                 E. H. Pitts
Rivers                 Scarborough            Scott
Simrill                Sinclair               Skelton
G. M. Smith            G. R. Smith            J. E. Smith
J. R. Smith            W. D. Smith            Talley
Taylor                 Toole                  Viers
Walker                 Weeks                  Whipper
Whitmire               Wilkins                Young

Those who voted in the negative are:

Barfield               Clemmons               Cooper
Davenport              Duncan                 Frye
Hardwick               Hosey                  Loftis
Martin                 Merrill                Moody-Lawrence
J. H. Neal             Norman                 Owens
Perry                  M. A. Pitts            Rice
Rutherford             Sandifer               D. C. Smith
Stewart                Thompson               Townsend
Tripp                  Umphlett               White
Witherspoon

So, the amendment was tabled.

Reps. HARRELL, COOPER, ALTMAN, CLYBURN, COBB-HUNTER and PARKS proposed the following Amendment No. 113 (Doc Name h:\legwork\house\amend\h-wm\002\f30-cf2.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 73, STATEWIDE REVENUE, page 511, after line 24, by adding an appropriately numbered paragraph to read:
/(SR: Employee Benefits Carry Forward) Of the funds carried forward from the prior fiscal year in F30, Section 63B, Budget and Control Board, Employee Benefits, the Budget and Control Board shall transfer $527,835 to the Department of Education for Status Offender, $500,000 to the Judicial Department to improve security within and outside various county courthouses throughout the state, $500,000 to the State Law Enforcement Division for grants to local law enforcement agencies to enhance courthouse security, $200,000 to the Commission on Higher Education for the National foundation of Teaching entrepreneurship (NFTE), $500,000 to the Department of Public Safety for psychological testing services, and $600,000 to the Department of Mental Health for operating expenses. /
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Rep. HARRELL explained the amendment.
The amendment was then adopted.

Rep. KENNEDY proposed the following Amendment No. 122 (Doc Name h:\legwork\house\amend\h-wm\002\73.teacher pay.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 73, STATEWIDE REVENUE, page 511, after line 24, by adding an appropriately numbered paragraph to read:
/(SR: Funding Teacher Pay Increase) Additional funding in the amount of $51,000,000 shall be provided to the Department of Education to provide an additional 4% teacher pay increase. $2,000,000 identified for State Law Enforcement Division vehicles, $12,000,000 of Debt Service funds, and an additional $37,000,000 that shall be identified from all sources of funds in Section 56A - Governor's Office Executive Control of State and Section 56C - Governor's Office of Executive Policy and Programs shall be transferred to the Department of Education for the purpose of funding the additional 4% teacher pay increase./
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Rep. KENNEDY explained the amendment.
Rep. KENNEDY spoke in favor of the amendment.

Rep. KENNEDY continued speaking.

Rep. KIRSH moved to table the amendment, which was agreed to.
Rep. J.R. SMITH proposed the following Amendment No. 20 (Doc Name h:\legwork\house\amend\h-wm\004\bus flex sup.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 73, STATEWIDE REVENUE, page 511, paragraph 18, line 25 by inserting:
/Funds appropriated for school bus purchases may be used to purchase buses, fuel, parts, or other school bus related items./
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Rep. J. R. SMITH explained the amendment.
The amendment was then adopted.

Rep. HARRELL moved to reconsider the vote whereby Amendment No. 15 was adopted, which was agreed to.

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

Section 73, as amended, was adopted.

Reps. HARRELL, COOPER, PARKS, PINSON and CLYBURN proposed the following Amendment No. 119 (Doc Name h:\legwork\house\amend\h-wm\004\status off 1.47.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 1, DEPARTMENT OF EDUCATION, page 327, paragraph 47, lines 29-32, by inserting:
/1.47.   (SDE: Status Offenders/John de la Howe) The funds appropriated for the Status Offender Program shall be distributed to John de la Howe School to expand residential programs to include court ordered status offenders. Components of such a program shall include collaboration between the home school district and the residential school and treatment or related services to the families of students in placement./
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Rep. HARRELL explained the amendment.
The amendment was then adopted.

Rep. COTTY proposed the following Amendment No. 91 (Doc Name h:\legwork\house\amend\council\ms\7363ahb05.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 1, DEPARTMENT OF EDUCATION, page 335, paragraph 1.77, by striking lines 22-27, and inserting:
/ 1.77.   (SDE: SCGSAH Highly Qualified Teacher Designation) The South Carolina Governor's School for the Arts and Humanities' Board of Directors and the governing authorities of the Charleston School of the Arts and the Greenville County Fine Arts Center are authorized to promulgate administrative policy to address the "highly qualified" designation as mandated by "No Child Left Behind". Classroom teachers employed by the school or center who have achieved either National Board Certification or obtained the Advanced Fine Arts Certification shall be considered "highly qualified." A professional development plan, specific to non-certified teachers teaching in the art areas, must be adopted by the SCGSAH Board and the governing authorities of the Charleston School of the Arts and the Greenville County Fine Arts Center and approved by the Department of Education in order for these teachers to also be designated "highly qualified". /
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Rep. COTTY explained the amendment.
The amendment was then adopted.

Rep. J. E. SMITH proposed the following Amendment No. 94 (Doc Name h:\legwork\house\amend\council\10736mm05.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 1, DEPARTMENT OF EDUCATION, page 335, paragraph 1.78, by deleting lines 28-29, and inserting:

/ (SDE: Local Match Requirements) For the current fiscal year, school districts shall not be required to meet the local match requirements of the Education Finance Act. /
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Rep. J. E. SMITH explained the amendment.

Rep. HARRELL spoke against the amendment.

Rep. J. E. SMITH spoke in favor of the amendment.
Rep. SCOTT spoke in favor of the amendment.

Rep. YOUNG moved to table the amendment.

Rep. J. E. SMITH demanded the yeas and nays which were taken, resulting as follows:

Those who voted in the affirmative are:

Bailey                 Ballentine             Barfield
Bingham                Brady                  Cato
Ceips                  Chalk                  Clemmons
Cooper                 Davenport              Delleney
Edge                   Frye                   Hagood
Haley                  Hamilton               Hardwick
Harrell                Herbkersman            Hinson
Hiott                  Huggins                Kirsh
Leach                  Limehouse              Littlejohn
Loftis                 Lucas                  Mahaffey
Martin                 McCraw                 Merrill
Neilson                Norman                 Owens
Perry                  Phillips               E. H. Pitts
M. A. Pitts            Rice                   Sandifer
Scarborough            Sinclair               Skelton
D. C. Smith            G. M. Smith            G. R. Smith
J. R. Smith            W. D. Smith            Stewart
Talley                 Taylor                 Thompson
Toole                  Townsend               Umphlett
Vaughn                 Walker                 White
Wilkins                Witherspoon            Young

Those who voted in the negative are:

Agnew                  Allen                  Anderson
Anthony                Battle                 Bowers
Breeland               G. Brown               J. Brown
R. Brown               Clark                  Clyburn
Coates                 Cobb-Hunter            Coleman
Cotty                  Emory                  Funderburk
Govan                  Hayes                  J. Hines
M. Hines               Hosey                  Jefferson
Jennings               Lee                    Mack
McGee                  McLeod                 Miller
Moody-Lawrence         J. H. Neal             J. M. Neal
Ott                    Parks                  Pinson
Rivers                 Rutherford             Scott
F. N. Smith            J. E. Smith            Vick
Weeks                  Whipper                Whitmire

So, the amendment was tabled.

Reps. MCLEOD, J. M. NEAL, EMORY and HAYES proposed the following Amendment No. 97 (Doc Name h:\legwork\house\amend\h-wm\004\resource officers2.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 1, DEPARTMENT OF EDUCATION, page 335, after line 33, by adding an appropriately numbered paragraph to read:
/From the funds appropriated to the state department of education, the department is directed to allocate $3,200,000 to school districts to fund school resource officers./
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Rep. MCLEOD explained the amendment.

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

Rep. LOFTIS proposed the following Amendment No. 117 (Doc Name h:\legwork\house\amend\council\ggs\22022htc05.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 1, DEPARTMENT OF EDUCATION, page 335, by adding a new appropriately numbered paragraph at the end to read:
/   1._____   (SDE:   School District Study Committee)   From funds appropriated to the Department of Education, the department shall coordinate a committee to study the size of school districts in South Carolina and make recommendations on the school district size which will allow for more direct spending on teacher salary and instructional support. The committee shall consist of five members as follows:   two members appointed by the Governor, one of whom shall serve as chairman, the President Pro Tempore of the Senate or his designee, the Speaker of the House of Representatives or his designee, and the State Superintendent of Education or her designee. The committee shall report its recommendations to the General Assembly no later than January 15, 2006.   /
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Rep. LOFTIS explained the amendment.
The amendment was then adopted.

Rep. W.D. SMITH proposed the following Amendment No. 126 (Doc Name h:\legwork\house\amend\h-wm\004\efa uses1.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 1, DEPARTMENT OF EDUCATION, page 335, after line 33, by adding an appropriately numbered paragraph to read:
/in the current fiscal year, all local public school administrators shall have flexibility in implementing various strategies including but not limited to, merit pay increases, special rewards to high performing teachers and master/mentor teacher programs utilizing the 315,169,752 increased funding provided for the Education Finance Act in meeting the state's minimum salary schedule./
Renumber sections to conform.
Amend totals and titles to conform.

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

Rep. NEILSON proposed the following Amendment No. 127 (Doc Name h:\legwork\house\amend\h-wm\004\nbc study.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 1, DEPARTMENT OF EDUCATION, page 335, after line 33, by adding an appropriately numbered paragraph to read:
/(SDE: National Board Certification Study) The Department of Education is directed to utilize appropriated funds to conduct a study of the effectiveness of National Board Certification in improving student outcomes. The results of this study are to be reported to the General Assembly by January 1, 2006./
Renumber sections to conform.
Amend totals and titles to conform.

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

Section 1, as amended, was adopted.

The motion of Rep. HARRELL to reconsider the vote whereby Section 8 was adopted was taken up and agreed to.

Rep. HARRELL proposed the following Amendment No. 87 (Doc Name h:\legwork\house\amend\h-wm\008\rr rs rh.doc), which was adopted:
Amend the bill, as and if amended, Part IA, Section 8, DEPARTMENT OF HEALTH AND HUMAN SERVICES, page 82, line 25, opposite /other operating expenses/ by increasing the amount(s) in Columns 3 and 4 by:

Column 3   Column 4

104,990     104,990
Renumber sections to conform.
Amend totals and titles to conform.

The amendment was then adopted.

Rep. COOPER proposed the following Amendment No. 124 (Doc Name h:\legwork\house\amend\h-wm\008\cooper1.doc), which was adopted:
Amend the bill, as and if amended, Part IA, Section 8, DEPARTMENT OF HEALTH AND HUMAN SERVICES, page 84, immediately after line 23, by inserting a new line to read:

Column 3   Column 4
G. ReGenesis Community
Health Center   100,000   100,000
Renumber sections to conform.
Amend totals and titles to conform.

The amendment was then adopted.

Section 8, as amended, was adopted.

The motion of Rep. HARRELL to reconsider the vote whereby Section 15 was adopted was taken up and agreed to.

Rep. HOSEY proposed the following Amendment No. 109 (Doc Name h:\legwork\house\amend\h-wm\007\archives 25000 class hosey.doc), which was adopted:
Amend the bill, as and if amended, Part IA, Section 15, DEPARTMENT OF ARCHIVES AND HISTORY, page 127, line 5, opposite /Classified Positions/ by increasing the amount(s) in Columns 3 and 4 by:

Column 3   Column 4

25,000       25,000
Renumber sections to conform.
Amend totals and titles to conform.

The amendment was then adopted.

Section 15, as amended, was adopted.

The motion of Rep. HARRELL to reconsider the vote whereby Section 63 was adopted was taken up and agreed to.

Rep. GOVAN proposed the following Amendment No. 82 (Doc Name h:\legwork\house\amend\h-wm\002\63 internship.doc), which was adopted:
Amend the bill, as and if amended, Part IA, Section 63, BUDGET AND CONTROL BOARD, page 287, immediately after line 23, by inserting a new line to read:

Column 3   Column 4
Internship Program   1,000       1,000
Renumber sections to conform.
Amend totals and titles to conform.

The amendment was then adopted.

Section 63, as amended, was adopted.

The motion of Rep. HARRELL to reconsider the vote whereby Section 17 was adopted was taken up and agreed to.

Rep. HARRELL proposed the following Amendment No. 116 (Doc Name h:\legwork\house\amend\h-wm\007\state library $100 fix harrell.doc), which was adopted:
Amend the bill, as and if amended, by amending Amendment 7 doc. # \legwork\house\amend\h-wm\007\fund discus from life.doc, Part IA, Section 17, STATE LIBRARY, page 130, after line 15, opposite /DISCUS Program/ by increasing the amount(s) in Columns 3 and 4 by:

Column 3   Column 4

100         100
Renumber sections to conform.
Amend totals and titles to conform.

The amendment was then adopted.

Section 17, as amended, was adopted.

The motion of Rep. HARRELL to reconsider the vote whereby Section 10 was adopted was taken up and agreed to.
Rep. WHITE proposed the following Amendment No. 95 (Doc Name h:\legwork\house\amend\h-wm\008\white2.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 10, DEPARTMENT OF MENTAL HEALTH, page 381, paragraph 12, lines 19-20, by striking:/During Fiscal Year 2004-2005, the Department of Mental Health must expend for crisis stabilization programs not less than $2 million./
Renumber sections to conform.
Amend totals and titles to conform.

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

Section 10, as amended, was adopted.

The motion of Rep. HARRELL to reconsider the vote whereby Section 27 was adopted was taken up and agreed to.

Reps. EDGE and HARRELL proposed the following Amendment No. 118 (Doc Name h:\legwork\house\amend\h-wm\009\edge harrell interstate funding.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 27, DEPARTMENT OF COMMERCE, page 402, paragraph 22, lines 19-21, by striking the paragraph in its entirety and inserting /Of the funds authorized for the Coordinating Council Economic Development, one million $500,000 shall be made available for the routing, planning and construction of I-73 and $500,000 shall be made available for the routing, planning, and construction of I-74. Of the amount, $100,000 shall be distributed to the North East Strategic Alliance (NESA) to contract for staff coordination services for the I-73 Committee. /
Renumber sections to conform.
Amend totals and titles to conform.

The amendment was then adopted.

Section 27, as amended, was adopted.

The motion of Rep. HARRELL to reconsider the vote whereby Section 8 was adopted was taken up and agreed to.

Rep. J.H. NEAL proposed the following Amendment No. 112 (Doc Name h:\legwork\house\amend\h-wm\008\neal 4.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 8, DEPARTMENT OF HEALTH AND HUMAN SERVICES, page 369, paragraph 36, line 35, by inserting after /prevention grants./ and before /Grants must/ the words:
/Of these funds $1,000,000 shall be allocated to the Department of Health and Environmental Control for HIV Prevention./
Renumber sections to conform.
Amend totals and titles to conform.

The amendment was then adopted.

Section 8, as amended, was adopted.

The motion of Rep. HARRELL to reconsider the vote whereby Section 1 was adopted was taken up and agreed to.

Rep. RICE proposed the following Amendment No. 130 (Doc Name h:\legwork\house\amend\h-wm\002\sch dist study-teacher wk days.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 1, DEPARTMENT OF EDUCATION, page 335, an unnumbered paragraph, after line 33, by amending amendment number 117 doc no. h:\legwork\house\amend\ council\ggs\22022htc05.doc by amending the amend further on page 2, line 1, after /Carolna/ by inserting / and the number of teacher work days/
Renumber sections to conform.
Amend totals and titles to conform.

The amendment was then adopted.

Section 1, as amended, was adopted.

The motion of Rep. HARRELL to reconsider the vote whereby Section 1A was adopted was taken up.
Rep. HARRELL moved to table the motion, which was agreed to.

The motion of Rep. HARRELL to reconsider the vote whereby Section 72 was adopted was taken up.
Rep. COOPER moved to table the motion, which was agreed to.

The motion of Rep. HARRELL to reconsider the vote whereby Section 26 was adopted was taken up.
Rep. COOPER moved to table the motion, which was agreed to.

Rep. HARRELL moved to table all pending motions to reconsider, which was agreed to.

Rep. HARRELL gave notice of offering amendments on third reading if necessary, pursuant to Rule 9.2.

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

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

Those who voted in the affirmative are:

Agnew                  Allen                  Anderson
Anthony                Bales                  Ballentine
Barfield               Battle                 Bingham
Bowers                 Brady                  Breeland
J. Brown               R. Brown               Cato
Ceips                  Chalk                  Clark
Clemmons               Clyburn                Cobb-Hunter
Coleman                Cooper                 Cotty
Dantzler               Davenport              Delleney
Duncan                 Edge                   Emory
Frye                   Funderburk             Hagood
Haley                  Hamilton               Hardwick
Harrell                Harrison               Haskins
Hayes                  Herbkersman            J. Hines
M. Hines               Hinson                 Hiott
Hosey                  Huggins                Jefferson
Jennings               Kennedy                Kirsh
Leach                  Lee                    Loftis
Lucas                  Mack                   Mahaffey
Martin                 McCraw                 McLeod
Merrill                Miller                 Moody-Lawrence
J. H. Neal             J. M. Neal             Neilson
Norman                 Ott                    Owens
Parks                  Perry                  Phillips
Pinson                 E. H. Pitts            M. A. Pitts
Rice                   Rivers                 Rutherford
Sandifer               Scarborough            Scott
Simrill                Sinclair               Skelton
D. C. Smith            F. N. Smith            G. R. Smith
J. E. Smith            J. R. Smith            W. D. Smith
Stewart                Talley                 Taylor
Thompson               Toole                  Townsend
Umphlett               Vaughn                 Vick
Walker                 Weeks                  Whipper
White                  Whitmire               Wilkins
Witherspoon            Young

Those who voted in the negative are:

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

I was out of the Chamber when the vote on H. 3716 was taken. If present, I would have voted in favor of the Bill.

Rep. Jim McGee

I was out of the Chamber with constituents during the roll call vote on the budget and would have voted yes, in favor of H. 3716.

Rep. Jerry N. Govan

I would have voted in favor of the budget bill, H. 3716.

Rep. Grady Brown

If I had been present I would have voted in favor of the budget bill, H. 3716.

Rep. Lanny Littlejohn

I was temporarily out of the Chamber when we voted on H. 3716. I would like to go on record as voting in favor of H. 3716, had I been in the House Chamber.

Rep. George H. Bailey

During the Budget vote I was dealing with a constituent issue in the Blatt Building that prevented me from being on the House floor. I would have voted in favor of H. 3716, if I had been in the Chamber during the vote.

Rep. Thad Viers

I missed the final vote on H. 3716 due to a meeting with some constituents outside the Chamber. I support the budget and would have voted in favor of it, if I were present.

Rep. Murrell Smith

I was temporarily out of the Chamber and would have voted in favor of H. 3716.

Rep. Chip Limehouse

I was temporarily out of the Chamber and would have voted in favor of H. 3716.

Rep. Lester Branham, Jr.

I was temporarily out of the Chamber when the budget was passed. If I had been present I would have voted in favor of H. 3716.

Rep. Marty Coates

In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IA and Part IB, Sections 34, 35, 36A, 38, 43, 44, 45, 46, 49, 51, 55, 63 and 65
The reason for abstaining on the above referenced legislation is:

A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.

Rep. PAUL AGNEW

In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IA and Part IB, Sections 34, 35, 36A, 38, 43, 44, 45, 46, 49, 51, 55, 63 and 65
The reason for abstaining on the above referenced legislation is:
  A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.

Rep. KARL ALLEN

In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IA, Sections 31, 63

A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).

Rep. MARTY COATES

In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IA and Part IB, Sections 34, 35, 36A, 38, 43, 44, 45, 46, 49, 51, 55, 63 and 65

A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.

Rep. ALAN D. CLEMMONS

In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IA and IB, Sections 9, 10, 12, 13, and 39

The reason for abstaining on the above referenced legislation is:

A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).

Rep. GILDA COBB-HUNTER

In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IA and Part IB, Sections 34, 35, 36A, 38, 43, 44, 45, 46, 49, 51, 55, 63 and 65

A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.

Rep. CREIGHTON B. COLEMAN

In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IA and Part IB, Sections 34, 35, 36A, 38, 43, 44, 45, 46, 47, 49, 50, 51, 55, 63, 64 and 65

The reason for abstaining on the above referenced legislation is:

A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.

A potential conflict may exist under S.C. Code Section 8-13-745(C) because a contract for goods or services may be entered into within the next year with an agency, commission, board, department, or other entity funded through the general appropriation bill by myself, an individual with whom I am associated in partnership with or a business or partnership in which I have a greater than 5% interest.

Rep. BILL COTTY

In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IA and Part IB, Sections 34, 35, 36A, 38, 43, 44, 45, 46, 49, 51, 55, 63 and 65
The reason for abstaining on the above referenced legislation is:

A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.

Rep. F. GREG DELLENEY

`   In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IA and Part IB, Sections 34, 35, 36A, 38, 43, 44, 45, 46, 49, 51, 55, 63 and 65
The reason for abstaining on the above referenced legislation is:

A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.

Rep. LAURIE SLADE FUNDERBURK

In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IA and Part IB, Sections 9, 55, 69C, 40, and provisos 63.40 and 73.12

The reason for abstaining on the above referenced legislation is:

A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.

A potential conflict may exist under S.C. Code Section 8-13-745(C) because a contract for goods or services may be entered into within the next year with an agency, commission, board, department, or other entity funded through the general appropriation bill by myself, an individual with whom I am associated in partnership with or a business or partnership in which I have a greater than 5% interest.

Rep. BEN HAGOOD

In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IA and Part IB, Sections 49, 55, and 64
The reason for abstaining on the above referenced legislation is:

A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.

Rep. JAMES H. HARRISON

In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IA and Part IB, Sections 30, 34, 35, 36A, 37, 38, 39, 43, 44, 45, 46, 49, 51, 53, 55, 63 and 65
The reason for abstaining on the above referenced legislation is:

A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.

Rep. DOUG JENNINGS

In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IA, Section 18

The reason for abstaining on the above referenced legislation is:

A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).

Rep. BRENDA LEE

In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IA and Part IB, Sections 34, 35, 36A, 38, 43, 44, 45, 46, 49, 51, 55, 63 and 65
The reason for abstaining on the above referenced legislation is:

A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.

Rep. JAY LUCAS

In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IA and Part IB, Sections 35, 36A, 43, 44, 45, 51, 55, 56C, 64, 65, and provisos 51.2-51.6; 65.1-66.1; 36.1-36.16

The reason for abstaining on the above referenced legislation is:

A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).

A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.

A potential conflict may exist under S.C. Code Section 8-13-745(C) because a contract for goods or services may be entered into within the next year with an agency, commission, board, department, or other entity funded through the general appropriation bill by myself, an individual with whom I am associated in partnership with or a business or partnership in which I have a greater than 5% interest.

Rep. JAMES MCGEE

In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IA and Part IB, Sections 34, 35, 36A, 38, 43, 44, 45, 46, 49, 51 and 55
The reason for abstaining on the above referenced legislation is:

A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.

Rep. R. THAYER RIVERS

In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IA and Part IB, Sections 34, 35, 36A, 38, 43, 44, 45, 46, 49, 51 and 55
The reason for abstaining on the above referenced legislation is:

A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.

Rep. PHIL SINCLAIR

In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IB, Section 35.11

The reason for abstaining on the above referenced legislation is:

A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).

Rep. B. R. SKELTON

In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IA and Part IB, Sections 34, 35, 36A, 38, 40, 43, 44, 45, 46, 49, 51, 55, 63 and 65
The reason for abstaining on the above referenced legislation is:

A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.

Rep. FLETCHER N. SMITH

In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IA and Part IB, Sections 8, 30, 35, 36A, 38, 43, 44, 45, 46, 49, 51, 55, 62, 63, 64, 65 and 66

The reason for abstaining on the above referenced legislation is:

A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).

A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.

A potential conflict may exist under S.C. Code Section 8-13-745(C) because a contract for goods or services may be entered into within the next year with an agency, commission, board, department, or other entity funded through the general appropriation bill by myself, an individual with whom I am associated in partnership with or a business or partnership in which I have a greater than 5% interest.

Rep. G. MURRELL SMITH, JR.

In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IA and Part IB, Sections 6, 7, 8, 9, 24, 26, 30, 32, 33, 34, 35, 36, 38, 37, 38, 39, 42, 42A, 43, 44, 45, 46, 47, 50, 51, 55, 61 and 64
The reason for abstaining on the above referenced legislation is:

A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.

Rep. JAMES E. SMITH

In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IA and Part IB, Sections 3, 9, 27, 28, 32, 36, 36A, 38, 47, 49, 50 and 55

A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B)

A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.

Rep. W. DOUG SMITH

In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IA and Part IB, Sections 38, 40, 43, 50, 51 and 53

The reason for abstaining on the above referenced legislation is:

A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).

A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.

A potential conflict may exist under S.C. Code Section 8-13-745(C) because a contract for goods or services may be entered into within the next year with an agency, commission, board, department, or other entity funded through the general appropriation bill by myself, an individual with whom I am associated in partnership with or a business or partnership in which I have a greater than 5% interest.

Rep. SCOTT F. TALLEY

In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IA and Part IB, Sections 38, 40, 43, 50, 51 and 53

The reason for abstaining on the above referenced legislation is:

A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).

A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.

A potential conflict may exist under S.C. Code Section 8-13-745(C) because a contract for goods or services may be entered into within the next year with an agency, commission, board, department, or other entity funded through the general appropriation bill by myself, an individual with whom I am associated in partnership with or a business or partnership in which I have a greater than 5% interest.

Rep. J. DAVID WEEKS

In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IA and Part IB, Sections 38, 42, 43, 47 and 55
The reason for abstaining on the above referenced legislation is:

A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.

Rep. DAVID H. WILKINS

The following Joint Resolution was taken up:

H. 3717 (Word version) -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 2004-2005.

Rep. HARRELL proposed the following Amendment No. 1 (Doc Name h:\legwork\house\amend\council\gjk\20328sd05.doc), which was adopted:
Amend the resolution, as and if amended, by striking the first sentence of SECTION 2 and inserting:
/The Comptroller General shall post the appropriations contained in this joint resolution in fiscal year 2005-2006. /
Renumber sections to conform.
Amend totals and titles to conform.

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

Rep. COBB-HUNTER proposed the following Amendment No. 2 (Doc Name h:\legwork\house\amend\h-wm\010\cj ACADEMY roof.doc), which was adopted:
Amend the resolution, as and if amended, Department of Public Safety, page 2, line 6, by inserting the word Roof, prior to that of Dormitories./
Renumber sections to conform.
Amend totals and titles to conform.

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

Rep. J. R. SMITH proposed the following Amendment No. 3 (Doc Name h:\legwork\house\amend\h-wm\004\bus flex.doc), which was adopted:
Amend the resolution, as and if amended, on page 3, line 4 by inserting a new Section before Section 2/(SDE: Buses, Parts, and/or Fuel) Funds appropriated for school bus purchases may be used to purchase buses, fuel, parts, or other school bus related items.
Renumber sections to conform.
Amend totals and titles to conform.
Rep. HARRELL explained the amendment.
The amendment was then adopted.

Rep. HARRELL gave notice of offering amendments on third reading if necessary, pursuant to Rule 9.2.

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

Those who voted in the affirmative are:

Agnew                  Allen                  Anderson
Anthony                Bales                  Ballentine
Barfield               Battle                 Bingham
Bowers                 Brady                  Breeland
G. Brown               J. Brown               R. Brown
Cato                   Ceips                  Chalk
Clark                  Clemmons               Clyburn
Cobb-Hunter            Coleman                Cooper
Cotty                  Dantzler               Davenport
Delleney               Duncan                 Edge
Emory                  Frye                   Funderburk
Govan                  Hagood                 Haley
Hamilton               Hardwick               Harrell
Harrison               Haskins                Hayes
Herbkersman            J. Hines               M. Hines
Hinson                 Hiott                  Hosey
Huggins                Jefferson              Jennings
Kennedy                Kirsh                  Leach
Lee                    Loftis                 Lucas
Mack                   Mahaffey               Martin
McCraw                 McGee                  McLeod
Merrill                Miller                 Moody-Lawrence
J. H. Neal             J. M. Neal             Neilson
Norman                 Ott                    Owens
Parks                  Perry                  Phillips
Pinson                 E. H. Pitts            M. A. Pitts
Rice                   Rivers                 Rutherford
Sandifer               Scarborough            Scott
Simrill                Sinclair               Skelton
D. C. Smith            F. N. Smith            G. M. Smith
G. R. Smith            J. E. Smith            J. R. Smith
W. D. Smith            Stewart                Talley
Taylor                 Thompson               Toole
Townsend               Umphlett               Vaughn
Vick                   Weeks                  Whipper
White                  Whitmire               Wilkins
Witherspoon            Young

Those who voted in the negative are:

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

I was temporarily out of the Chamber and would have voted yes on H. 3717. I used my voting card at another desk and it appears that my vote did not record.

Rep. Robert Walker

Rep. HARRELL moved that the House recede until 3:00 p.m., which was agreed to.

At 3:00 p.m. the House resumed, the SPEAKER in the Chair.

The question of a quorum was raised.
A quorum was later present.

Rep. W. D. SMITH moved that the House recur to the Morning Hour, which was agreed to.

The following was introduced:

H. 3770 (Word version) -- Rep. Allen: A HOUSE RESOLUTION TO COMMEND MR. KENNETH BELUE ON HIS SUCCESS AS AN AWARD-WINNING GO-KART RACER AND FOR HIS SUCCESS IN AUTO SHOW COMPETITIONS.

The Resolution was adopted.

The following was introduced:

H. 3771 (Word version) -- Reps. Breeland, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, Barfield, Battle, Bingham, Bowers, Brady, Branham, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Frye, Funderburk, Govan, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hiott, Hosey, Howard, Huggins, Jefferson, Jennings, Kennedy, Kirsh, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Norman, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rhoad, Rice, Rivers, Rutherford, Sandifer, Scarborough, Scott, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Stewart, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Umphlett, Vaughn, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A CONCURRENT RESOLUTION TO CONGRATULATE THE CLASS OF 1955 OF ALLEN UNIVERSITY AS IT CELEBRATES ITS FIFTIETH ANNIVERSARY AND TO COMMEND THE MEMBERS OF THIS OUTSTANDING CLASS FOR THEIR CONTRIBUTIONS TO THEIR COMMUNITY, STATE, AND NATION.

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

The following was introduced:

S. 622 (Word version) -- Senator Grooms: A CONCURRENT RESOLUTION TO HONOR AND CONGRATULATE THE GEORGIA PACIFIC CORPORATION'S RUSSELLVILLE PLANT AND ITS EMPLOYEES FOR ACCEPTANCE INTO THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY'S NATIONAL ENVIRONMENTAL PERFORMANCE TRACK PROGRAM.

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

The following was introduced:

S. 624 (Word version) -- Senators Knotts, Alexander, Anderson, Bryant, Campsen, Cleary, Courson, Cromer, Drummond, Elliott, Fair, Ford, Gregory, Grooms, Hawkins, Hayes, Hutto, Jackson, Land, Leatherman, Leventis, Lourie, Malloy, Martin, Matthews, McConnell, McGill, Mescher, Moore, O'Dell, Patterson, Peeler, Pinckney, Rankin, Reese, Richardson, Ritchie, Ryberg, Scott, Setzler, Sheheen, Short, J. V. Smith, Thomas, Verdin and Williams: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND MANY FRIENDS OF LOWELL C. "BUTCH" SPIRES, JR., OF LEXINGTON COUNTY UPON HIS DEATH AND TO EXPRESS THE GRATITUDE OF THE CITIZENS OF LEXINGTON COUNTY, THE MIDLANDS REGION, AND THE STATE OF SOUTH CAROLINA FOR HIS MANY CONTRIBUTIONS TO HIS COMMUNITY, COUNTY, AND STATE.

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

The following was introduced:

S. 625 (Word version) -- Senators Lourie, Alexander, Anderson, Bryant, Campsen, Cleary, Courson, Cromer, Drummond, Elliott, Fair, Ford, Gregory, Grooms, Hawkins, Hayes, Hutto, Jackson, Knotts, Land, Leatherman, Leventis, Malloy, Martin, Matthews, McConnell, McGill, Mescher, Moore, O'Dell, Patterson, Peeler, Pinckney, Rankin, Reese, Richardson, Ritchie, Ryberg, Scott, Setzler, Sheheen, Short, J. V. Smith, Thomas, Verdin and Williams: A CONCURRENT RESOLUTION TO COMMEND AND CONGRATULATE RICHLAND COUNTY SHERIFF LEON LOTT ON BEING NAMED "SHERIFF OF THE YEAR" FOR 2004 BY THE SOUTH CAROLINA SHERIFFS' ASSOCIATION AND TO WISH HIM CONTINUED SUCCESS IN THE FUTURE.

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

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

H. 3772 (Word version) -- Reps. Ceips, Limehouse, Whipper, Rivers, Altman, Bales, Battle, Bowers, Breeland, R. Brown, Chalk, Clemmons, Coates, Dantzler, Herbkersman, Jefferson, McGee, Miller, Perry, Scarborough, Umphlett, Viers and Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-1-710 SO AS TO DESIGNATE THE MARSH TACKY AS THE OFFICIAL STATE HORSE OF SOUTH CAROLINA.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs

H. 3773 (Word version) -- Rep. Vick: A BILL TO AMEND SECTION 12-36-2120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SALES TAX EXEMPTIONS, SO AS TO EXEMPT FROM SALES TAX THE GROSS PROCEEDS OF SALES OR SALES PRICE OF GOLD, SILVER, AND PLATINUM BULLION, COINS, AND CURRENCY AND TO REQUIRE THE RETAILER TO MAINTAIN PROPER DOCUMENTATION AS REQUIRED BY THE SOUTH CAROLINA DEPARTMENT OF REVENUE FOR EACH EXEMPT SALE.
Referred to Committee on Ways and Means

H. 3774 (Word version) -- Rep. Rutherford: A BILL TO AMEND SECTION 38-53-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LICENSES FOR BAIL BONDSMEN AND RUNNERS, SO AS TO PROVIDE THAT LICENSED BAIL BONDSMEN AND RUNNERS MUST BE ISSUED IDENTIFICATION CARDS WHICH THEY MUST POSSESS WHEN THEY PERFORM THEIR DUTIES.
Referred to Committee on Judiciary

H. 3775 (Word version) -- Reps. Harrison, Wilkins, Cato, W. D. Smith, Merrill and Ott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-38-15 SO AS TO PROVIDE IN AN ACTION TO RECOVER DAMAGES RESULTING FROM PERSONAL INJURY, WRONGFUL DEATH, DAMAGE TO PROPERTY, OR TO RECOVER DAMAGES FOR ECONOMIC LOSS OR NONECONOMIC LOSS, JOINT AND SEVERAL LIABILITY DOES NOT APPLY TO A DEFENDANT WHO IS LESS THAN FIFTY PERCENT AT FAULT; TO PROVIDE FOR APPORTIONMENT OF PERCENTAGES OF FAULT AMONG DEFENDANTS; AND TO PROVIDE THAT THE PROVISIONS OF THIS SECTION DO NOT APPLY TO A DEFENDANT WHOSE CONDUCT IS WILFUL, WANTON, RECKLESS, GROSSLY NEGLIGENT, INTENTIONAL, OR CONDUCT INVOLVING THE ILLEGAL OR ILLICIT USE, SALE, OR POSSESSION OF ALCOHOL OR DRUGS.
Rep. HARRISON asked unanimous consent to have the Bill placed on the Calendar without reference.
Rep. J. E. SMITH objected.
Referred to Committee on Judiciary

S. 205 (Word version) -- Senator Courson: A BILL TO AMEND SECTION 12-37-220 OF THE 1976 CODE, RELATING TO PROPERTY TAX EXEMPTIONS, TO ADD THE MARINE CORPS LEAGUE TO THE LIST OF VETERANS ORGANIZATIONS EXEMPT FROM THE AD VALOREM TAX.
Referred to Committee on Ways and Means

S. 363 (Word version) -- Senators Lourie, Mescher, Setzler, Ford, Knotts, Malloy, Sheheen, Hutto, Short, Patterson, McGill, Leventis, Scott, Drummond, Land, Matthews, Ryberg, Grooms, Moore, Fair, Verdin, Peeler, Leatherman, Thomas, McConnell, Jackson, Campsen and J. V. Smith: A BILL TO AMEND SECTION 12-45-75, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSTALLMENT PAYMENTS OF REAL PROPERTY TAXES, SO AS TO AUTHORIZE MONTHLY INSTALLMENTS.
Referred to Committee on Ways and Means

S. 490 (Word version) -- Senator Land: A BILL TO AMEND SECTION 5-7-300, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COLLECTION OF DELINQUENT AD VALOREM PROPERTY TAX BY A MUNICIPALITY, SO AS TO MAKE A LIEN FOR MUNICIPAL TAXES WHEN PAYING A LIEN FOR STATE OR COUNTY TAXES, A FIRST LIEN WHEN PAYMENT OF A MUNICIPAL LIEN IS NOT MADE; AND TO AMEND SECTION 12-51-130, AS AMENDED, RELATING TO THE EXECUTION AND DELIVERY OF A TAX TITLE, SO AS TO PROVIDE THAT, IF THE TAX SALE OF AN ITEM PRODUCES MORE CASH THAN THE FULL AMOUNT DUE, THE COVERAGE MUST BE APPLIED TO ANY OUTSTANDING MUNICIPAL TAX LIENS ON THE PROPERTY.
Referred to Committee on Ways and Means

Rep. SINCLAIR moved to adjourn debate upon the following Bill until Tuesday, March 29, which was adopted:

H. 3728 (Word version) -- Reps. Mahaffey, Sinclair, Davenport and Lee: A BILL TO AMEND ACT 1105 OF 1956, AS AMENDED, RELATING TO THE CREATION OF THE STARTEX-JACKSON-WELLFORD-DUNCAN WATER DISTRICT IN SPARTANBURG COUNTY, SO AS TO REQUIRE THAT ALL COMMISSIONERS OF THE DISTRICT SHALL RESIDE IN THE DISTRICT OR IN ITS SERVICE AREA.

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

S. 426 (Word version) -- Senator Land: A BILL TO AMEND ACT 355 OF 2004, RELATING TO THE CLARENDON COUNTY SCHOOL DISTRICTS' PROPERTY TAX RELIEF ACT, AND THE ONE PERCENT SALES TAX AUTHORIZED TO BE IMPOSED IN CLARENDON COUNTY FOR SCHOOL CONSTRUCTION, SO AS TO DELETE THE EXEMPTION ALLOWED IN THE CLARENDON COUNTY SALES AND USE TAX FOR FOOD WHICH MAY BE PURCHASED WITH UNITED STATES DEPARTMENT OF AGRICULTURE FOOD COUPONS.

The following Bills were taken up, read the third time, and ordered sent to the Senate:

H. 3577 (Word version) -- Reps. Witherspoon, Frye, Hiott, Ott and Vick: A BILL TO AMEND SECTION 46-13-45, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PESTICIDE REGISTRATION FEES, SO AS TO INCREASE THE ANNUAL BASIC REGISTRATION FEE, TO PROVIDE A PROCEDURE FOR FUTURE INCREASES, AND FURTHER PROVIDE FOR THE USE OF THESE FUNDS.

H. 3578 (Word version) -- Reps. Witherspoon, Frye, Hiott, Ott and Vick: A BILL TO AMEND SECTION 46-25-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN REGARD TO FERTILIZER REGULATIONS, SO AS TO REVISE THE DEFINITION OF "SOIL AMENDMENT"; TO AMEND SECTION 46-25-30, AS AMENDED, RELATING TO ANALYSIS OF PLANT NUTRIENTS, SO AS TO PERMIT THE STATE CROP PEST COMMISSION TO REQUIRE PROOF OF CLAIMS MADE FOR FERTILIZER; AND TO AMEND SECTION 46-25-810, AS AMENDED, RELATING TO AN INSPECTION TAX AND TONNAGE REPORTS IN REGARD TO COMMERCIAL FERTILIZER, SO AS TO INCREASE THE INSPECTION TAX AND FURTHER PROVIDE FOR THE TONNAGE REPORT ON FERTILIZER SOLD, AND FOR CERTAIN ACTIONS WHICH WILL BE TAKEN IF THE REQUIRED TAXES AND REPORTS ARE NOT MADE.

H. 3454 (Word version) -- Reps. Cotty and Harrison: A BILL TO AMEND SECTION 29-3-330, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO METHODS OF ENTERING A MORTGAGE SATISFACTION, SO AS TO FURTHER PROVIDE FOR THE CONTENTS OF THE AFFIDAVIT THAT AN ATTORNEY IS PERMITTED TO FILE IN REGARD TO A MORTGAGE WHICH HE HAS SATISFIED.

H. 3413 (Word version) -- Rep. Talley: A BILL TO AMEND SECTIONS 59-1-390, 59-1-448, 59-1-452, AS AMENDED, 59-5-61, 59-5-65, AS AMENDED, 59-5-140, 59-18-920, 59-20-40, AS AMENDED, 59-24-10, AS AMENDED, 59-24-130, 59-39-100, AS AMENDED, 59-54-20, AS AMENDED, 59-54-40, AS AMENDED, 59-54-50, 59-54-60, AND ARTICLE 21, CHAPTER 53, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, ALL RELATING TO VOCATIONAL EDUCATION, SO AS TO CHANGE REFERENCES FROM "VOCATIONAL EDUCATION", "VOCATIONAL TRAINING", "VOCATIONAL PROGRAMS", AND OTHERS TO "CAREER AND TECHNOLOGY EDUCATION", "CAREER AND TECHNOLOGY TRAINING", "CAREER AND TECHNOLOGY PROGRAMS", TO MAKE OTHER CORRESPONDING CHANGES, TO FURTHER PROVIDE FOR PROCEDURES REGARDING THE EXPENDITURE OF CERTAIN FUNDING, AND TO MAKE TECHNICAL CORRECTIONS.

H. 3024 (Word version) -- Reps. Davenport, Barfield, Leach, Rice, Simrill and Mahaffey: A BILL TO AMEND SECTION 56-3-3950, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE "KEEP SOUTH CAROLINA BEAUTIFUL" SPECIAL LICENSE PLATES, SO AS TO SPECIFY THE PROJECTS THAT THE "KEEP SOUTH CAROLINA BEAUTIFUL FUND" MAY BE USED TO FINANCE, AND TO REVISE THE ALLOCATION OF THE FEES COLLECTED FROM THE ISSUANCE OF "KEEP SOUTH CAROLINA BEAUTIFUL" SPECIAL LICENSE PLATES.

H. 3503 (Word version) -- Reps. Limehouse and Scarborough: A BILL TO AMEND SECTION 56-3-2010, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF PERSONALIZED LICENSE PLATES BY THE DEPARTMENT OF MOTOR VEHICLES, SO AS TO PROVIDE THAT PERSONALIZED LICENSE PLATES ISSUED TO MEMBERS OF FEDERAL COMMISSIONS AND BOARDS EXPIRE JANUARY THIRTY-FIRST EACH YEAR IN WHICH A NEW SESSION OF THE GENERAL ASSEMBLY BEGINS.

H. 3392 (Word version) -- Reps. Toole, Clyburn, Jefferson, Limehouse, Vaughn, Pinson and Vick: A BILL TO AMEND SECTION 59-150-360, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TUITION ASSISTANCE TO ATTEND A STATE TECHNICAL COLLEGE OR A TWO-YEAR INSTITUTION, SO AS TO PROVIDE THAT IF A STUDENT FEELS THAT HE WILL DEFINITELY NOT QUALIFY TO RECEIVE FEDERAL FINANCIAL AID, THE STUDENT MAY COMPLETE A SIMPLE FORM OF MINIMUM QUESTIONS TO DETERMINE IF THE STUDENT DEFINITELY WILL NOT QUALIFY TO RECEIVE FEDERAL FINANCIAL AID, AND IF SO, THE STUDENT IS EXEMPT FROM COMPLETING THE FREE APPLICATION FOR FEDERAL STUDENT AID.

H. 3072 (Word version) -- Reps. Cobb-Hunter, Viers, Brady, Toole, Ceips and Scarborough: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 74 TO CHAPTER 3, TITLE 56 SO AS TO PROVIDE FOR "BREAST CANCER AWARENESS" SPECIAL LICENSE PLATES.

The following Bill was read the third time, passed and, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification:

S. 113 (Word version) -- Senators Verdin, Knotts, Elliott and Campsen: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 48 TO CHAPTER 3, TITLE 56 SO AS TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES MAY ISSUE SONS OF CONFEDERATE VETERANS SPECIAL LICENSE PLATES.

Rep. WITHERSPOON moved to adjourn debate upon the following Joint Resolution, which was adopted:

S. 493 (Word version) -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION-ENVIRONMENTAL CERTIFICATION BOARD, RELATING TO CHAPTER REVISION, DESIGNATED AS REGULATION DOCUMENT NUMBER 2931, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

On motion of Rep. TOWNSEND, with unanimous consent, the following Bill was ordered recalled from the Committee on Education and Public Works:

S. 3 (Word version) -- Senators Leatherman, Verdin, Gregory and Grooms: A BILL TO AMEND SECTION 56-3-3950, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE "KEEP SOUTH CAROLINA BEAUTIFUL" SPECIAL LICENSE PLATES, SO AS TO REVISE THE ALLOCATION OF THE FEES COLLECTED FROM THE ISSUANCE OF "KEEP SOUTH CAROLINA BEAUTIFUL" SPECIAL LICENSE PLATES.

On motion of Rep. HARRELL, with unanimous consent, the following Bill was ordered recalled from the Committee on Ways and Means:

S. 339 (Word version) -- Senator Leatherman: A BILL TO AMEND ARTICLE 7, CHAPTER 21, TITLE 12 OF THE 1976 CODE, BY ADDING SECTION 12-21-1085, TO PROVIDE WITH CERTAIN EXCEPTIONS THAT THE TAXES PROVIDED FOR IN ARTICLE 7 ARE IN LIEU OF ALL OTHER TAXES ON BEER AND WINE.

Rep. SCOTT asked unanimous consent to recall H. 3346 from the Committee on Education and Public Works.
Rep. WALKER objected.

H. 3346 (Word version) -- Reps. Scott, Govan, J. Brown, McLeod, Clyburn, J. Hines, Hosey, Miller, M. Hines, Haskins, Phillips, J. H. Neal, Bales, Battle, Breeland, R. Brown, Howard, Jennings, J. E. Smith and Clark: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 45, TITLE 44 TO ENACT THE SOUTH CAROLINA CHILDREN'S HEALTH OBESITY ACT, INCLUDING PROVISIONS TO CREATE THE CHILD HEALTH ADVISORY COMMITTEE; TO PROVIDE FOR ITS MEMBERSHIP, POWERS AND DUTIES, INCLUDING DEVELOPING NUTRITION AND PHYSICAL ACTIVITY STANDARDS AND RECOMMENDATIONS TO BE IMPLEMENTED BY THE DEPARTMENT OF EDUCATION; TO PROVIDE FOR CERTAIN HEALTH AND NUTRITION SPECIALISTS TO BE EMPLOYED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL AND THE DEPARTMENT OF EDUCATION, CONTINGENT UPON AVAILABLE FUNDING; TO REQUIRE SCHOOL DISTRICTS TO CONVENE NUTRITION AND PHYSICAL ACTIVITY ADVISORY COMMITTEES; TO REQUIRE STUDENT AND SCHOOL REPORT CARDS TO CONTAIN CERTAIN HEALTH DATA; AND TO REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL AND THE DEPARTMENT OF EDUCATION TO REPORT TO CERTAIN LEGISLATIVE COMMITTEES ON THE IMPLEMENTATION OF THIS ACT.

The Senate amendments to the following Bill were taken up for consideration:

H. 3008 (Word version) -- Reps. Cato, Bales, Clark, Barfield, Huggins, Frye, Sandifer, E. H. Pitts, Taylor, Anthony, Bailey, Battle, Bingham, Ceips, Chalk, Chellis, Clemmons, Cooper, Dantzler, Davenport, Duncan, Edge, Hamilton, Hardwick, Harrell, Hinson, Kirsh, Leach, Limehouse, Littlejohn, Loftis, McCraw, Norman, Owens, Perry, Pinson, Rice, Simrill, Skelton, D. C. Smith, G. R. Smith, J. R. Smith, Stewart, Thompson, Toole, Townsend, Tripp, Umphlett, Vaughn, Vick, Viers, Walker, White, Whitmire, Wilkins, Witherspoon, Coates, Brady, Ballentine, Ott, Mahaffey, Haley, Hagood, Bowers and Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 32 TO TITLE 15, SO AS TO ENACT THE "SOUTH CAROLINA ECONOMIC DEVELOPMENT, CITIZENS, AND SMALL BUSINESS PROTECTION ACT OF 2005", PROVIDING FOR DEFINITIONS OF THE TERMS "DAMAGES", "FAULT", AND "PERSON", SEVERAL LIABILITY IN AN ACTION FOR PERSONAL INJURY, PROPERTY DAMAGE, OR WRONGFUL DEATH, A PROCEDURE FOR ASSESSING PERCENTAGES OF FAULT, JOINT LIABILITY ON ALL WHO CONSCIOUSLY AND DELIBERATELY PURSUE A COMMON PLAN TO COMMIT A TORTIOUS ACT, PLACEMENT OF THE BURDEN OF PROVING FAULT ON THE PERSON SEEKING TO ESTABLISH FAULT, AND AN EXCEPTION TO THE PROVISIONS OF THE CHAPTER; TO AMEND SECTION 15-3-640, RELATING TO AN ACTION BASED UPON A DEFECTIVE OR UNSAFE IMPROVEMENT TO REAL PROPERTY, SO AS TO DECREASE THE TIME AN ACTION MAY BE BROUGHT FROM THIRTEEN TO SIX YEARS AFTER THE SUBSTANTIAL COMPLETION OF THE IMPROVEMENT; TO AMEND SECTION 15-7-30, RELATING TO ACTIONS THAT MUST BE TRIED WHERE THE DEFENDANT RESIDES, SO AS TO DEFINE KEY TERMS AND TO PROVIDE FACTORS FOR THE COURT TO CONSIDER WHEN DETERMINING THE PRINCIPAL PLACE OF BUSINESS; TO AMEND SECTION 15-36-10, AS AMENDED, RELATING TO LIABILITY FOR ATTORNEY'S FEES AND COSTS OF FRIVOLOUS LAWSUITS, SO AS TO REPLACE THE EXISTING PROVISIONS WITH PROVISIONS REQUIRING THE SIGNATURE OF AN ATTORNEY OR PARTY ON ALL PLEADINGS AND OTHER DOCUMENTS FILED IN A CIVIL OR ADMINISTRATIVE ACTION, TO PROVIDE A PROCEDURE FOR ADMINISTERING SANCTIONS FOR A VIOLATION, AND TO PROVIDE FOR THE REPORTING OF AN ATTORNEY TO THE COMMISSION ON LAWYER CONDUCT; TO AMEND SECTION 36-2-803, RELATING TO PERSONAL JURISDICTION BASED UPON CONDUCT, SO AS TO ALLOW THE COURT TO CHANGE THE PLACE OF TRIAL WHEN THE CONVENIENCE OF WITNESSES AND THE ENDS OF JUSTICE WOULD BE PROMOTED BY THE CHANGE; TO REPEAL SECTIONS 15-36-20, 15-36-30, 15-36-40, AND 15-36-50 ALL RELATING TO FRIVOLOUS LAWSUITS, AND SECTION 58-23-90 RELATING TO VENUE IN ACTIONS AGAINST LICENSED MOTOR CARRIERS.

Rep. MERRILL moved to adjourn debate on the Senate Amendments, which was agreed to.

The Senate amendments to the following Bill were taken up for consideration:

H. 3026 (Word version) -- Reps. Cato, G. M. Smith, Edge, Sandifer, Coates, Kirsh and Bales: A BILL TO AMEND SECTION 6-9-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ADOPTION AND PROMULGATION OF CERTAIN BUILDING CODES AND STANDARDS, SO AS TO PROVIDE THE MODIFICATIONS PROMULGATED PURSUANT TO THE PROVISIONS OF THIS SECTION DO NOT REQUIRE READOPTION BY THE BUILDING CODES COUNCIL FOR SUBSEQUENT EDITIONS OF THE BUILDING CODES, AND TO PROVIDE A PROCEDURE TO RECONSIDER EXISTING MODIFICATIONS.

Rep. CATO explained the Senate Amendments.

The Senate amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.

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

Rep. FUNDERBURK, from the Kershaw Delegation, submitted a favorable report on:

S. 598 (Word version) -- Senators Sheheen and Lourie: A BILL TO AMEND ACT 930 OF 1970, AS AMENDED, RELATING TO SCHOOL TRUSTEES FOR KERSHAW COUNTY, SO AS TO REVISE THE ELECTION DISTRICTS FROM WHICH THE MEMBERS OF THE BOARD OF TRUSTEES ARE ELECTED; AND TO DESIGNATE A MAP NUMBER FOR THE MAP ON WHICH THESE LINES OF THE ELECTION DISTRICTS FOR TRUSTEES ARE DELINEATED AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICS OF THE STATE BUDGET AND CONTROL BOARD.
Ordered for consideration tomorrow.

The following was introduced:

H. 3776 (Word version) -- Reps. Harvin, G. M. Smith, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, Barfield, Battle, Bingham, Bowers, Brady, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Frye, Funderburk, Govan, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hiott, Hosey, Howard, Huggins, Jefferson, Jennings, Kennedy, Kirsh, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Norman, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rhoad, Rice, Rivers, Rutherford, Sandifer, Scarborough, Scott, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Stewart, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Umphlett, Vaughn, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A HOUSE RESOLUTION COMMENDING AND CONGRATULATING RAYMOND RICHBURG ON HIS RECENT APPOINTMENT TO CHIEF OF THE BUREAU OF PROTECTIVE SERVICES AND WISHING HIM CONTINUED SUCCESS IN THE FUTURE AS HE LEADS THIS VITAL LAW ENFORCEMENT AGENCY.

The Resolution was adopted.

Rep. WITHERSPOON moved to adjourn debate upon the following Joint Resolution until Wednesday, March 16, which was adopted:

S. 493 (Word version) -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION-ENVIRONMENTAL CERTIFICATION BOARD, RELATING TO CHAPTER REVISION, DESIGNATED AS REGULATION DOCUMENT NUMBER 2931, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

The Senate amendments to the following Bill were taken up for consideration:

H. 3008 (Word version) -- Reps. Cato, Bales, Clark, Barfield, Huggins, Frye, Sandifer, E. H. Pitts, Taylor, Anthony, Bailey, Battle, Bingham, Ceips, Chalk, Chellis, Clemmons, Cooper, Dantzler, Davenport, Duncan, Edge, Hamilton, Hardwick, Harrell, Hinson, Kirsh, Leach, Limehouse, Littlejohn, Loftis, McCraw, Norman, Owens, Perry, Pinson, Rice, Simrill, Skelton, D. C. Smith, G. R. Smith, J. R. Smith, Stewart, Thompson, Toole, Townsend, Tripp, Umphlett, Vaughn, Vick, Viers, Walker, White, Whitmire, Wilkins, Witherspoon, Coates, Brady, Ballentine, Ott, Mahaffey, Haley, Hagood, Bowers and Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 32 TO TITLE 15, SO AS TO ENACT THE "SOUTH CAROLINA ECONOMIC DEVELOPMENT, CITIZENS, AND SMALL BUSINESS PROTECTION ACT OF 2005", PROVIDING FOR DEFINITIONS OF THE TERMS "DAMAGES", "FAULT", AND "PERSON", SEVERAL LIABILITY IN AN ACTION FOR PERSONAL INJURY, PROPERTY DAMAGE, OR WRONGFUL DEATH, A PROCEDURE FOR ASSESSING PERCENTAGES OF FAULT, JOINT LIABILITY ON ALL WHO CONSCIOUSLY AND DELIBERATELY PURSUE A COMMON PLAN TO COMMIT A TORTIOUS ACT, PLACEMENT OF THE BURDEN OF PROVING FAULT ON THE PERSON SEEKING TO ESTABLISH FAULT, AND AN EXCEPTION TO THE PROVISIONS OF THE CHAPTER; TO AMEND SECTION 15-3-640, RELATING TO AN ACTION BASED UPON A DEFECTIVE OR UNSAFE IMPROVEMENT TO REAL PROPERTY, SO AS TO DECREASE THE TIME AN ACTION MAY BE BROUGHT FROM THIRTEEN TO SIX YEARS AFTER THE SUBSTANTIAL COMPLETION OF THE IMPROVEMENT; TO AMEND SECTION 15-7-30, RELATING TO ACTIONS THAT MUST BE TRIED WHERE THE DEFENDANT RESIDES, SO AS TO DEFINE KEY TERMS AND TO PROVIDE FACTORS FOR THE COURT TO CONSIDER WHEN DETERMINING THE PRINCIPAL PLACE OF BUSINESS; TO AMEND SECTION 15-36-10, AS AMENDED, RELATING TO LIABILITY FOR ATTORNEY'S FEES AND COSTS OF FRIVOLOUS LAWSUITS, SO AS TO REPLACE THE EXISTING PROVISIONS WITH PROVISIONS REQUIRING THE SIGNATURE OF AN ATTORNEY OR PARTY ON ALL PLEADINGS AND OTHER DOCUMENTS FILED IN A CIVIL OR ADMINISTRATIVE ACTION, TO PROVIDE A PROCEDURE FOR ADMINISTERING SANCTIONS FOR A VIOLATION, AND TO PROVIDE FOR THE REPORTING OF AN ATTORNEY TO THE COMMISSION ON LAWYER CONDUCT; TO AMEND SECTION 36-2-803, RELATING TO PERSONAL JURISDICTION BASED UPON CONDUCT, SO AS TO ALLOW THE COURT TO CHANGE THE PLACE OF TRIAL WHEN THE CONVENIENCE OF WITNESSES AND THE ENDS OF JUSTICE WOULD BE PROMOTED BY THE CHANGE; TO REPEAL SECTIONS 15-36-20, 15-36-30, 15-36-40, AND 15-36-50 ALL RELATING TO FRIVOLOUS LAWSUITS, AND SECTION 58-23-90 RELATING TO VENUE IN ACTIONS AGAINST LICENSED MOTOR CARRIERS.

Rep. MERRILL moved cloture on the entire matter.

Rep. J. E. SMITH demanded the yeas and nays which were taken, resulting as follows:

Those who voted in the affirmative are:

Bailey                 Barfield               Battle
Bingham                Brady                  Cato
Chalk                  Clark                  Clemmons
Cooper                 Cotty                  Dantzler
Davenport              Duncan                 Edge
Frye                   Hagood                 Hamilton
Hardwick               Harrell                Harrison
Haskins                Herbkersman            Hinson
Hiott                  Huggins                Kirsh
Leach                  Lee                    Limehouse
Littlejohn             Loftis                 Lucas
Mahaffey               Martin                 Merrill
Norman                 Owens                  Perry
Pinson                 E. H. Pitts            Rice
Sandifer               Scarborough            Simrill
Skelton                D. C. Smith            G. M. Smith
G. R. Smith            J. R. Smith            Talley
Taylor                 Toole                  Townsend
Umphlett               Vaughn                 Walker
White                  Whitmire               Wilkins
Witherspoon            Young

Those who voted in the negative are:

Agnew                  Anderson               Anthony
Bales                  Ballentine             Branham
Breeland               G. Brown               J. Brown
Clyburn                Coates                 Coleman
Delleney               Emory                  Funderburk
Govan                  Harvin                 Hayes
J. Hines               M. Hines               Hosey
Howard                 Jefferson              Jennings
Kennedy                McGee                  McLeod
Miller                 Moody-Lawrence         J. H. Neal
J. M. Neal             Neilson                Ott
Parks                  M. A. Pitts            Rivers
Scott                  Sinclair               F. N. Smith
J. E. Smith            Thompson               Tripp
Vick                   Weeks

So, cloture was ordered.

Reps. J. E. SMITH and JENNINGS proposed the following Amendment No. 2A (Doc Name COUNCIL\PT\2442AHB05), which was tabled:
Amend the bill, as and if amended, by striking in its entirety SECTION 6, page 11, beginning on line 40, and inserting:
/   SECTION   6.   Chapter 38, Title 15 of the 1976 Code is amended by adding:

"Section 15-38-15.   (A)(1)   In an action to recover damages resulting from personal injury, wrongful death, or damage to property or to recover damages for economic loss or for noneconomic loss such as mental distress, loss of enjoyment, pain, suffering, loss of reputation, or loss of companionship resulting from tortious conduct, if indivisible damages are determined to be proximately caused by more than one defendant, joint and several liability does not apply to any defendant whose conduct is determined to be less than fifty percent of the total fault for the indivisible damages.

(B)   Apportionment of percentages of fault among defendants is to be determined as specified in subsection (C).

(C)   The jury, or the court if there is no jury, shall:

(1)   specify the amount of damages;

(2)   determine the percentage of fault, if any, of plaintiff and the amount of recoverable damages under applicable rules concerning 'comparative negligence'; and

(3)   upon a motion by at least one defendant, where there is a verdict under items (1) and (2) above for damages against two or more defendants for the same indivisible injury, death, or damage to property, specify in a separate verdict under the procedures described at subitem (b) below the percentage of liability that proximately caused the indivisible injury, death, damage to property, or economic loss from tortious conduct, as determined by item (1) above, that is attributable to each defendant whose actions are a proximate cause of the indivisible injury, death, or damage to property.

(a)   For this purpose, the court may determine that two or more persons are to be treated as a single party. Such treatment must be used where two or more defendants acted in concert or where, by reason of agency, employment, or other legal relationship, a defendant is vicariously responsible for the conduct of another defendant.

(b)   After the initial verdict awarding damages is entered and before the special verdict on percentages of liability is rendered, the parties shall be allowed oral argument, with the length of such argument subject to the discretion of the trial judge, on the determination of the percentage attributable to each defendant. However, no additional evidence shall be allowed.

(D)   A defendant shall retain any right he may have pursuant to common law to assert that another potential tortfeasor, whether or not a party, contributed to the alleged injury or damages and/or may be liable for any or all of the damages alleged by any other party.

(E)   Notwithstanding the application of this section, setoff from any settlement received from any potential tortfeasor prior to the verdict shall be applied in proportion to each defendant's percentage of liability as determined pursuant to subsection (C).

(F)   This section does not apply to a defendant whose conduct is determined to be wilful, wanton, reckless, grossly negligent, or intentional or conduct involving the use, sale, or possession of alcohol or drugs." /
Renumber sections to conform.
Amend title to conform.

Rep. J. E. SMITH explained the amendment.

Rep. YOUNG moved to table the amendment.

Rep. J. E. SMITH demanded the yeas and nays which were taken, resulting as follows:

Those who voted in the affirmative are:

Anthony                Bailey                 Ballentine
Barfield               Battle                 Bingham
Brady                  Cato                   Ceips
Chalk                  Clark                  Clemmons
Cooper                 Cotty                  Dantzler
Davenport              Duncan                 Edge
Frye                   Hagood                 Haley
Hamilton               Hardwick               Harrell
Haskins                Hayes                  Herbkersman
Hinson                 Hiott                  Huggins
Kirsh                  Leach                  Limehouse
Littlejohn             Loftis                 Mahaffey
Martin                 McCraw                 Norman
Owens                  E. H. Pitts            M. A. Pitts
Rice                   Sandifer               Scarborough
Simrill                Skelton                D. C. Smith
G. M. Smith            G. R. Smith            J. R. Smith
Talley                 Taylor                 Thompson
Toole                  Tripp                  Umphlett
Vaughn                 Viers                  Walker
White                  Whitmire               Wilkins
Witherspoon            Young

Those who voted in the negative are:

Agnew                  Anderson               Breeland
G. Brown               Clyburn                Coates
Cobb-Hunter            Coleman                Delleney
Emory                  Funderburk             Govan
Harvin                 J. Hines               M. Hines
Hosey                  Howard                 Jefferson
Jennings               Kennedy                Lee
Lucas                  McGee                  McLeod
Miller                 Moody-Lawrence         J. H. Neal
J. M. Neal             Neilson                Ott
Parks                  Rivers                 Scott
Sinclair               F. N. Smith            J. E. Smith
Vick                   Weeks

So, the amendment was tabled.

Rep. JENNINGS proposed the following Amendment No. 3A (Doc Name COUNCIL\MS\7283AHB05), which was tabled:
Amend the bill, as and if amended, by striking in its entirety Section 15-32-40, as contained in SECTION 3, and inserting:
/ Section 15-32-40.   (A)   Joint and several liability must be imposed on the following:

(1)   a defendant whose fault is greater than twenty percent;

(2)   those defendants who consciously and deliberately pursue a common plan or design to commit a tortious act, or actively take part in it;

(3)   a defendant who commits an intentional tort;

(4)   a defendant who by reason of agency, employment, or other legal relationship is vicariously responsible for the conduct of another party; or

(5)   a defendant whose liability arises pursuant to another provision of law that otherwise provides for joint and several liability.

(B)   A defendant held jointly and severally liable pursuant to the provisions of this section has a right of contribution from other defendants held jointly and severally liable pursuant to this section to the extent provided for by Chapter 38, Title 15.

(C)   A defendant held jointly and severally liable pursuant to subsection (A)(2) must be held jointly and severally liable only for the total portion of fault assessed to those defendants with whom he acted in concert.

(D)   A defendant held jointly and severally liable pursuant to subsection (A)(4) must be held jointly and severally liable only for the total portion of fault assigned to the other party. For purposes of determining a share of fault a defendant who by reason of agency, employment, or other legal relationship is vicariously responsible for the conduct of another party and the other party shall be treated as a single party.

(E)   In an action subject to this chapter, a party seeking to establish that two or more defendants in an action should be treated as a single party for purposes of assigning a portion of fault based on common law principles of piercing the corporate veil affirmatively shall plead and the court shall determine, based on common law principles of piercing the corporate veil, whether these defendants should be treated as a single party so that the conduct of one defendant is attributed to the others or the individual shares of fault are aggregated for the purpose of applying joint and several liability as provided in subsection (A).

(F)   In a jury trial in any action in which the comparative fault of the parties or non-parties is an issue for determination by the jury, the trial court shall not instruct the jury on the effect of its finding as to the degree or percentage of negligence or fault of a party or non-party. /
Renumber sections to conform.
Amend title to conform.

Rep. JENNINGS explained the amendment.

Rep. CATO moved to table the amendment.

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

Those who voted in the affirmative are:

Bailey                 Ballentine             Barfield
Battle                 Bingham                Brady
Cato                   Ceips                  Chalk
Clark                  Clemmons               Cooper
Cotty                  Dantzler               Davenport
Delleney               Duncan                 Edge
Frye                   Funderburk             Hagood
Haley                  Hamilton               Hardwick
Harrell                Haskins                Hayes
Hinson                 Hiott                  Huggins
Kirsh                  Leach                  Limehouse
Littlejohn             Loftis                 Lucas
Mahaffey               Martin                 McCraw
McGee                  Norman                 Owens
Perry                  Pinson                 E. H. Pitts
M. A. Pitts            Rice                   Sandifer
Scarborough            Simrill                Sinclair
Skelton                D. C. Smith            G. M. Smith
G. R. Smith            J. R. Smith            Talley
Taylor                 Thompson               Toole
Tripp                  Vaughn                 Vick
White                  Whitmire               Wilkins
Witherspoon            Young

Those who voted in the negative are:

Agnew                  Anderson               Bowers
Branham                Breeland               G. Brown
Clyburn                Coleman                Emory
Harvin                 J. Hines               M. Hines
Hosey                  Jefferson              Jennings
Kennedy                Lee                    McLeod
Miller                 Moody-Lawrence         J. H. Neal
J. M. Neal             Neilson                Parks
Rivers                 Scott                  F. N. Smith
J. E. Smith            Weeks

So, the amendment was tabled.

Reps. DELLENEY, JENNINGS and F. N. SMITH proposed the following Amendment No. 6A (Doc Name COUNCIL\MS\ 7273AHB05), which was tabled:
Amend the bill, as and if amended, by striking in its entirety Section 15-7-30(C), as contained in SECTION 5, and inserting:
/ (C)   A civil action tried pursuant to this section against a resident individual defendant must be brought and tried in the county in which the:

(1)   defendant resides at the time the cause of action arose;

(2)   plaintiff resides at the time the cause of action arose; or

(3)   cause of action arose. /
Renumber sections to conform.
Amend title to conform.

Rep. JENNINGS explained the amendment.
Rep. KENNEDY spoke against the amendment.

Rep. KENNEDY moved to table the amendment.

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

Those who voted in the affirmative are:

Anthony                Bailey                 Ballentine
Barfield               Battle                 Bingham
Brady                  Cato                   Ceips
Chalk                  Clemmons               Coates
Cooper                 Cotty                  Dantzler
Davenport              Delleney               Duncan
Edge                   Frye                   Hagood
Haley                  Hamilton               Hardwick
Harrell                Haskins                Hayes
Herbkersman            Hinson                 Hiott
Huggins                Kennedy                Kirsh
Leach                  Limehouse              Loftis
Lucas                  Mahaffey               Martin
McCraw                 McGee                  Norman
Owens                  Perry                  Pinson
E. H. Pitts            M. A. Pitts            Rice
Sandifer               Scarborough            Simrill
Sinclair               Skelton                D. C. Smith
G. M. Smith            G. R. Smith            J. R. Smith
Talley                 Taylor                 Thompson
Toole                  Townsend               Tripp
Umphlett               Vaughn                 Vick
Viers                  Walker                 White
Wilkins                Witherspoon            Young

Those who voted in the negative are:

Agnew                  Anderson               Bowers
Branham                Breeland               G. Brown
J. Brown               Clyburn                Coleman
Emory                  Funderburk             Govan
Harvin                 J. Hines               M. Hines
Hosey                  Jefferson              Jennings
Littlejohn             McLeod                 Miller
Moody-Lawrence         J. H. Neal             J. M. Neal
Neilson                Rivers                 Scott
F. N. Smith            J. E. Smith            Weeks
Whipper

So, the amendment was tabled.

Reps. DELLENEY, JENNINGS and F. N. SMITH proposed the following Amendment No. 7A (Doc Name COUNCIL\MS\ 7275AHB05), which was tabled:
Amend the bill, as and if amended, by striking SECTION 3 in its entirety and inserting:
/ SECTION   3.   Chapter 38, Title 15 is amended to read:

Section 15-38-10.   This chapter may be cited as the Uniform Contribution Among Tortfeasors Act.

Section 15-38-15.   (A)   In an action to recover damages resulting from personal injury, wrongful death, or damage to property, if the damages are determined to be proximately caused by more than one defendant, each defendant against whom recovery is allowed is liable to the claimant only for the defendant's proportionate share of the recoverable damages except as provided in subsection (D).

(B)   The proportionate share of damages for which each defendant is liable is calculated by multiplying the damages by a fraction in which the numerator is the defendant's percentage of liability determined pursuant to subsection (C), and the denominator is the total of the percentages of liability determined pursuant to subsection (C), to be attributable to all defendants whose actions are a proximate cause of the injury, death, or damage to property including settled or released persons pursuant to Section 15-38-50. A percentage of liability attributable to the claimant may not be included in the denominator of the fraction.

(C)   The jury or court, if there is no jury, shall specify:

(1)   the amount of damages;

(2)   findings of fact necessary for the court to specify recoverable damages; and

(3)   the percentage of liability that proximately caused the injury, death, or damage to property in relation to one hundred percent, that is attributable to each defendant whose actions are a proximate cause of the injury, death, or damage to property including settled or released persons pursuant to Section 15-38-50.

(D)(1)   Upon motion by the claimant to open the judgment filed, after good faith efforts by the claimant to collect from a liable defendant, at least one year but not more than two years after judgment becomes final through lapse of time or through exhaustion of appeal, whichever occurs later, the court shall determine whether all or part of a defendant's proportionate share of the recoverable damages is not collectible from that defendant, and shall reallocate that amount among the other defendants in accordance with the provisions of this section.

(2)   The court shall order that the portion of the amount not collectible be reallocated among the other defendants. The court shall reallocate to the other defendants an amount equal to the amount not collectible of recoverable damages multiplied by a fraction in which the numerator is the defendant's percentage of liability and the denominator is the total of the percentages of liability of all defendants excluding any defendant whose liability is reallocated.

(3)   The defendant whose liability is reallocated remains subject to contribution pursuant to the provisions of this chapter and to any continuing liability to the claimant on the judgment.

Section 15-38-20.   (A)   Except as otherwise provided in this chapter, where two or more persons become jointly or severally liable in tort for the same injury to person or property or for the same wrongful death, there is a right of contribution among them even though judgment has not been recovered against all or any of them.

(B)   The right of contribution exists only in favor of a tortfeasor who has paid more than his pro rata proportionate share of the common liability as determined by the jury or court at the time of judgment, and his total recovery is limited to the amount paid by him in excess of his pro rata proportionate share as determined by the jury or court at the time of judgment. No tortfeasor is compelled to make contribution beyond his own pro rata proportionate share of the entire liability as determined by the jury or court at the time of judgment.

(C)   There is no right of contribution in favor of any tortfeasor who has intentionally caused or contributed to the injury or wrongful death.

(D)   A tortfeasor who enters into a settlement with a claimant is not entitled to recover contribution from another tortfeasor whose liability for the injury or wrongful death is not extinguished by the settlement nor in respect to any amount paid in a settlement which is in excess of what was reasonable.

(E)   A liability insurer, who by payment has discharged in full or in part the liability of a tortfeasor and has thereby discharged in full its obligation as insurer, is subrogated to the tortfeasor's right of contribution to the extent of the amount it has paid in excess of the tortfeasor's pro rata proportionate share of the common liability as determined by the jury or court at the time of judgment. This provision does not limit or impair any right of subrogation arising from any other relationship.

(F)   This chapter does not impair any right of indemnity under existing law. Where one tortfeasor is entitled to indemnity from another, the right of the indemnity obligee is for indemnity and not contribution, and the indemnity obligor is not entitled to contribution from the obligee for any portion of his indemnity obligation.

(G)   This chapter does not apply to breaches of trust or of other fiduciary obligation.

Section 15-38-30.   In determining the pro rata shares of tortfeasors in the entire liability (1) their relative degrees of fault shall not be considered; (2) if equity requires, the collective liability of some as a group shall constitute a single share; and (3) principles of equity applicable to contribution generally shall apply.

Section 15-38-40.   (A)   Whether or not judgment has been entered in an action against two or more tortfeasors for the same injury or wrongful death, contribution may be enforced by separate action.

(B)   Where a judgment has been entered in an action against two or more tortfeasors for the same injury or wrongful death, contribution may be enforced in that action by judgment in favor of one against other judgment defendants by motion upon notice to all parties to the action. Provided, however, contribution may not be enforced in the action until the issue of liability, and the resulting damages against the defendant or defendants named in the action, and the proportionate fault of the defendant is determined. Once the issue of liability has been resolved, subject to Section 15-38-20(B), a defendant has the right to seek contribution against any judgment defendant and other persons who were not made parties to the action.

(C)   If there is a judgment for the injury or wrongful death against the tortfeasor seeking contribution, any separate action by him to enforce contribution must be commenced within one year after the party seeking contribution has made the final payment in excess of that party's share of the judgment after the judgment has become final by lapse of time for appeal or after appellate review.

(D)   If there is no judgment for the injury or wrongful death against the tortfeasor seeking contribution, his right of contribution is barred unless he has either (1) discharged by payment the common liability within the statute of limitations period applicable to claimant's right of action against him and has commenced his action for contribution within one year after payment, or (2) agreed while action is pending against him to discharge the common liability and has within one year after the agreement paid the liability and commenced his action for contribution.

(E)   The recovery of a judgment for an injury or wrongful death against one tortfeasor does not of itself discharge the other tortfeasors from liability for the injury or wrongful death unless the judgment is satisfied. The satisfaction of the judgment does not impair any right of contribution.

(F)   The judgment of the court in determining the liability of the several defendants to the claimant for an injury or wrongful death shall be binding as among such defendants in determining their right to contribution.

Section 15-38-50.   When a release or a covenant not to sue or not to enforce judgment is given in good faith to one of two or more persons liable in tort for the same injury or the same wrongful death:

(1)   it does not discharge any of the other tortfeasors from liability for the injury or wrongful death unless its terms so provide, but it reduces the claim against the others to the extent of any amount stipulated by the release or the covenant, or in the amount of the consideration paid for it, whichever is the greater; and

(2)   it discharges the tortfeasor to whom it is given from all liability for contribution to any other tortfeasor.

Section 15-38-60.   This chapter shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those that enact it.

Section 15-38-65.   No payment shall be made from state appropriated funds or other public funds to satisfy claims or judgments against governmental entities or governmental employees acting within the scope of their official duties arising under the Uniform Contribution Among Tortfeasors Act. The South Carolina Tort Claims Act is the exclusive and sole remedy for any tort committed by an employee of a governmental entity while acting within the scope of his official duty. The Uniform Contribution Among Tortfeasors Act shall not apply to governmental entities.

Section 15-38-70.   All acts or parts of acts which are inconsistent with the provisions of this chapter are hereby repealed." /
Renumber sections to conform.
Amend title to conform.

Rep. F. N. SMITH explained the amendment.

Rep. CATO moved to table the amendment.

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

Those who voted in the affirmative are:

Anthony                Bailey                 Ballentine
Barfield               Battle                 Bingham
Brady                  Cato                   Ceips
Chalk                  Clark                  Clemmons
Coates                 Cooper                 Cotty
Dantzler               Davenport              Delleney
Duncan                 Edge                   Frye
Funderburk             Hagood                 Haley
Hamilton               Hardwick               Harrell
Hayes                  Herbkersman            Hinson
Hiott                  Huggins                Kirsh
Leach                  Lee                    Limehouse
Littlejohn             Loftis                 Lucas
Mahaffey               Martin                 McCraw
McGee                  McLeod                 Norman
Owens                  Parks                  Perry
Pinson                 E. H. Pitts            M. A. Pitts
Rice                   Sandifer               Scarborough
Simrill                Sinclair               Skelton
D. C. Smith            G. M. Smith            G. R. Smith
J. R. Smith            Talley                 Taylor
Thompson               Toole                  Townsend
Umphlett               Vaughn                 Vick
Viers                  Walker                 White
Whitmire               Wilkins                Witherspoon
Young

Those who voted in the negative are:

Agnew                  Allen                  Anderson
Bowers                 Branham                Breeland
G. Brown               J. Brown               R. Brown
Cobb-Hunter            Coleman                Govan
Harvin                 J. Hines               M. Hines
Hosey                  Jefferson              Jennings
Kennedy                Miller                 Moody-Lawrence
J. H. Neal             Neilson                Rivers
Scott                  F. N. Smith            J. E. Smith
Weeks

So, the amendment was tabled.

Reps. DELLENEY, JENNINGS, J. E. SMITH and F. N. SMITH proposed the following Amendment No. 8A (Doc Name COUNCIL\MS\7249AHB05), which was tabled:
Amend the bill, as and if amended, by striking SECTION 5 in its entirety and inserting:
/ SECTION   5.   Section 15-7-30 of the 1976 Code is amended to read:

"Section 15-7-30.   (A)   As used in this section:

( 1)   'Domestic corporation' means a 'domestic corporation' as defined in Section 33-1-400.

( 2)   'Domestic limited partnership' means a 'domestic limited partnership' as defined in Section 33-42-20.

( 3)   'Domestic limited liability company' means a 'domestic limited liability partnership' as defined in Section 33-41-1110 with its principal place of business within this State.

( 4)   'Domestic limited liability partnership' means a 'domestic limited liability partnership' as defined in Section 33-41-1110 with its principal place of business within this State.

( 5)   'Foreign corporation' means a 'foreign corporation' as defined in Section 33-1-400.

( 6)   'Foreign limited partnership' means a 'foreign limited partnership' as defined in Section 33-42-20.

( 7)   'Foreign limited liability company' means a 'foreign limited liability partnership' as defined in Section 33-41-1150 with its principal place of business outside of the State.

( 8)   'Foreign limited liability partnership' means a 'foreign limited liability partnership' as defined in Section 33-41-1150 with its principal place of business outside of the State.

( 9)   'Nonresident individual' means a person who is not domiciled in this State.

(10)   'Principal place of business' means:

(a)   the corporation's home office location from which the corporation's officers direct, control, or coordinate its activities within the State;

(b)   the location of the corporation's manufacturing, sales, or purchasing facility within the State if the corporation does not have a home office within the State; or

(c)   the location at which the majority of corporate activity takes place if the corporation has multiple centers of manufacturing, sales, or purchasing located within the State. The following factors may be considered when determining the location at which the majority of corporate activity takes place:

( i)     the number of employees located in any one county;

( ii)   the authority of the employees located in any one county; and

(iii)   the tangible corporate assets that exist in any one county; and

(11)   'Resident individual' means a person who is domiciled in this State.

(B)   In all other cases not provided for in Sections 15-7-10, 15-7-20, or 15-78-100, and except as provided in Section 15-7-100, the action shall must be tried in the county in which the defendant resides at the time of the commencement of the action it properly may be brought and tried against the defendant according to the provisions of this section. If there be is more than one defendant, then the action may be tried in any county in which one or more of the defendants to such action resides at the time of the commencement of the an action properly may be maintained against one of the defendants pursuant to this section. If none of the parties shall reside in the State the action may be tried in any county which the plaintiff shall designate in his complaint. This section is subject however to the power of the court to change the place of trial in certain cases as provided by law.

(C)   A civil action tried pursuant to this section against a resident individual defendant must be brought and tried in the county in which the:

(1)   plaintiff resides at the time the cause of action arose;

(2)   defendant resides at the time the cause of action arose; or

(3)   cause of action arose.

(D)   A civil action tried pursuant to this section against a nonresident individual defendant must be brought and tried in the county in which the:

(1)   plaintiff resides at the time the cause of action arose; or

(2)   cause of action arose.

(E)   A civil action tried pursuant to this section against a domestic corporation, domestic limited partnership, domestic limited liability company, or domestic limited liability partnership must be brought and tried in the county in which the:

(1)   plaintiff resides at the time the cause of action arose;

(2)   corporation's principal place of business at the time the cause of action arose; or

(3)   cause of action arose.

(F)   A civil action tried pursuant to this section against a foreign corporation, foreign limited partnership, foreign limited liability company, or foreign limited liability partnership must be brought and tried in the county in which the:

(1)   plaintiff resides at the time the cause of action arose;

(2)   foreign corporation, foreign limited partnership, foreign limited liability company, or foreign limited liability partnership has its principal place of business in this State at the time the cause of action arose; or

(3)   cause of action arose." /
Renumber sections to conform.
Amend title to conform.
Rep. F. N. SMITH explained the amendment.

Rep. KENNEDY spoke against the amendment.

Rep. KENNEDY moved to table the amendment.

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

Those who voted in the affirmative are:

Agnew                  Anderson               Anthony
Bailey                 Bales                  Ballentine
Barfield               Battle                 Bingham
Brady                  Cato                   Ceips
Chalk                  Clark                  Clemmons
Coates                 Cooper                 Dantzler
Davenport              Delleney               Duncan
Edge                   Emory                  Frye
Funderburk             Govan                  Hagood
Haley                  Hamilton               Hardwick
Harrell                Hayes                  Herbkersman
Hinson                 Hiott                  Huggins
Kennedy                Kirsh                  Leach
Lee                    Limehouse              Littlejohn
Loftis                 Lucas                  Mahaffey
Martin                 McCraw                 McGee
Miller                 Norman                 Owens
Parks                  Perry                  Pinson
E. H. Pitts            M. A. Pitts            Rice
Sandifer               Scarborough            Simrill
Sinclair               Skelton                D. C. Smith
G. M. Smith            G. R. Smith            J. R. Smith
Talley                 Taylor                 Thompson
Toole                  Townsend               Tripp
Umphlett               Vaughn                 Vick
Viers                  Walker                 White
Whitmire               Wilkins                Witherspoon
Young

Those who voted in the negative are:

Allen                  Bowers                 Branham
Breeland               G. Brown               J. Brown
Coleman                Harvin                 J. Hines
M. Hines               Hosey                  Jefferson
Jennings               McLeod                 Moody-Lawrence
Rivers                 Scott                  J. E. Smith
Weeks                  Whipper

So, the amendment was tabled.

Reps. DELLENEY, JENNINGS, J. E. SMITH and F. N. SMITH proposed the following Amendment No. 9A (Doc Name COUNCIL\MS\7250AHB05), which was tabled:
Amend the bill, as and if amended, by striking SECTION 5 in its entirety and inserting:
/ SECTION   5.   Section 15-7-30 of the 1976 Code is amended to read:

"Section 15-7-30.   (A)   As used in this section:

( 1)   'Domestic corporation' means a 'domestic corporation' as defined in Section 33-1-400.

( 2)   'Domestic limited partnership' means a 'domestic limited partnership' as defined in Section 33-42-20.

( 3)   'Domestic limited liability company' means a 'domestic limited liability partnership' as defined in Section 33-41-1110 with its principal place of business within this State.

( 4)   'Domestic limited liability partnership' means a 'domestic limited liability partnership' as defined in Section 33-41-1110 with its principal place of business within this State.

( 5)   'Foreign corporation' means a 'foreign corporation' as defined in Section 33-1-400.

( 6)   'Foreign limited partnership' means a 'foreign limited partnership' as defined in Section 33-42-20.

( 7)   'Foreign limited liability company' means a 'foreign limited liability partnership' as defined in Section 33-41-1150 with its principal place of business outside of the State.

( 8)   'Foreign limited liability partnership' means a 'foreign limited liability partnership' as defined in Section 33-41-1150 with its principal place of business outside of the State.

( 9)   'Nonresident individual' means a person who is not domiciled in this State.

(10)   'Principal place of business' means:

(a)   the corporation's home office location from which the corporation's officers direct, control, or coordinate its activities within the State;

(b)   the location of the corporation's manufacturing, sales, or purchasing facility within the State if the corporation does not have a home office within the State; or

(c)   the location at which the majority of corporate activity takes place if the corporation has multiple centers of manufacturing, sales, or purchasing located within the State. The following factors may be considered when determining the location at which the majority of corporate activity takes place:

( i)     the number of employees located in any one county;

( ii)   the authority of the employees located in any one county; and

(iii)   the tangible corporate assets that exist in any one county; and

(11)   'Resident individual' means a person who is domiciled in this State.

(B)   In all other cases not provided for in Sections 15-7-10, 15-7-20, or 15-78-100, and except as provided in Section 15-7-100, the action shall must be tried in the county in which the defendant resides at the time of the commencement of the action it properly may be brought and tried against the defendant according to the provisions of this section. If there be is more than one defendant, then the action may be tried in any county in which one or more of the defendants to such action resides at the time of the commencement of the an action properly may be maintained against one of the defendants pursuant to this section. If none of the parties shall reside in the State the action may be tried in any county which the plaintiff shall designate in his complaint. This section is subject however to the power of the court to change the place of trial in certain cases as provided by law.

(C)   A civil action tried pursuant to this section against a resident individual defendant must be brought and tried in the county in which the:

(1)   defendant resides at the time the cause of action arose; or

(2)   cause of action arose.

(D)   A civil action tried pursuant to this section against a nonresident individual defendant must be brought and tried in the county in which the:

(1)   plaintiff resides at the time the cause of action arose; or

(2)   cause of action arose.

(E)   A civil action tried pursuant to this section against a domestic corporation, domestic limited partnership, domestic limited liability company, or domestic limited liability partnership must be brought and tried in the county in which the:

(1)   corporation's principal place of business at the time the cause of action arose; or

(2)   cause of action arose.

(F)   A civil action tried pursuant to this section against a foreign corporation, foreign limited partnership, foreign limited liability company, or foreign limited liability partnership must be brought and tried in the county in which the:

(1)   plaintiff resides at the time the cause of action arose;

(2)   foreign corporation, foreign limited partnership, foreign limited liability company, or foreign limited liability partnership has its principal place of business in this State at the time the cause of action arose; or

(3)   cause of action arose." /
Renumber sections to conform.
Amend title to conform.

Rep. RIVERS explained the amendment.

Rep. HOSEY spoke against the amendment.

Rep. CATO moved to table the amendment.

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

Those who voted in the affirmative are:

Agnew                  Anderson               Anthony
Bailey                 Barfield               Battle
Bingham                Brady                  Cato
Ceips                  Chalk                  Clark
Clemmons               Cooper                 Cotty
Dantzler               Davenport              Delleney
Duncan                 Frye                   Funderburk
Hagood                 Haley                  Hamilton
Hardwick               Harrell                Hayes
Herbkersman            Hinson                 Hiott
Hosey                  Huggins                Kennedy
Kirsh                  Leach                  Lee
Limehouse              Loftis                 Lucas
Mahaffey               Martin                 McCraw
McGee                  Miller                 Norman
Owens                  Perry                  Pinson
E. H. Pitts            Rice                   Sandifer
Scarborough            Simrill                Sinclair
Skelton                D. C. Smith            G. M. Smith
G. R. Smith            J. R. Smith            Talley
Taylor                 Thompson               Toole
Townsend               Tripp                  Umphlett
Vaughn                 Vick                   Viers
Walker                 White                  Wilkins
Young

Those who voted in the negative are:

Allen                  Bowers                 Branham
Breeland               J. Brown               Harvin
J. Hines               M. Hines               Jefferson
McLeod                 Moody-Lawrence         Rivers
Scott                  J. E. Smith            Weeks

So, the amendment was tabled.

Rep. KENNEDY moved to reconsider the vote whereby Amendment 6A was tabled.

Rep. YOUNG moved to table the motion to reconsider.

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

Those who voted in the affirmative are:

Bailey                 Barfield               Battle
Bingham                Brady                  Cato
Ceips                  Chalk                  Clemmons
Coates                 Cooper                 Cotty
Dantzler               Davenport              Duncan
Emory                  Frye                   Funderburk
Hagood                 Haley                  Hamilton
Hardwick               Harrell                Herbkersman
Hinson                 Hiott                  Huggins
Kirsh                  Leach                  Limehouse
Loftis                 Lucas                  Mahaffey
McCraw                 McGee                  Miller
Neilson                Norman                 Owens
Perry                  Pinson                 E. H. Pitts
M. A. Pitts            Rice                   Sandifer
Scarborough            Simrill                Skelton
D. C. Smith            G. R. Smith            J. R. Smith
Talley                 Taylor                 Toole
Umphlett               Vaughn                 Vick
Walker                 White                  Witherspoon
Young

Those who voted in the negative are:

Agnew                  Allen                  Anderson
Anthony                Branham                J. Brown
Govan                  J. Hines               M. Hines
Hosey                  Jefferson              Kennedy
Moody-Lawrence         Parks                  Rivers
Scott                  G. M. Smith            J. E. Smith
Thompson               Viers                  Weeks

So, the motion to reconsider was tabled.

Reps. DELLENEY, JENNINGS, J. E. SMITH and F. N. SMITH proposed the following Amendment No. 10A (Doc Name COUNCIL\MS\7251AHB05), which was tabled:
Amend the bill, as and if amended, by striking SECTION 5 in its entirety and inserting:
/ SECTION   5.   Section 15-7-30 of the 1976 Code is amended to read:

"Section 15-7-30   (A)   As used in this section:

(1)   'Domestic corporation' means a 'domestic corporation' as defined in Section 33-1-400.

(2)   Domestic limited partnership' means a 'domestic limited partnership' as defined in Section 33-42-20.

(3)   'Domestic limited liability company' means a 'domestic limited liability partnership' as defined in Section 33-41-1110 with its principal place of business within this State.

(4)   'Domestic limited liability partnership' means a 'domestic limited liability partnership' as defined in Section 33-41-1110 with its principal place of business within this State.

(5)   'Foreign corporation' means a 'foreign corporation' as defined in Section 33-1-400.

(6)   'Foreign limited partnership' means a 'foreign limited partnership' as defined in Section 33-42-20.

(7)   'Foreign limited liability company' means a 'foreign limited liability partnership' as defined in Section 33-41-1150 with its principal place of business outside this State.

(8)   'Foreign limited liability partnership' means a 'foreign limited liability partnership' as defined in Section 33-41-1150 with its principal place of business outside this State.

(9)   'Nonresident individual' means a person who is not domiciled in this State.

(10)   'Principal place of business' means:

(a)   the corporation's home office location from which the corporation's officers direct, control, or coordinate its activities within the State;

(b)   the location of the corporation's manufacturing, sales, or purchasing facility within the State if the corporation does not have a home office within the State; or

(c)   the location at which the majority of corporate activity takes place if the corporation has multiple centers of manufacturing, sales, or purchasing located within the State if the corporation does not have a home office within the State and has more than one manufacturing, sales, or purchasing facility within the State. The following factors may be considered when determining the location at which the majority of corporate activity takes place:

(i)   the number of employees located in any one county;

(ii)   the authority of the employees located in any one county;

(iii)   the tangible corporate assets that exist in any one county.

(11)   'Resident individual' means a person who is domiciled in this State.

(B)   In all other cases not provided for in Sections 15-7-10, 15-7-20, or 15-78-100, the action shall must be tried in the county in which the defendant resides at the time of the commencement of the action where it properly may be brought and tried against the defendant according to the provisions of this section. If there be is more than one defendant, then the action may be tried in any county in which one or more of the defendants to such action resides at the time of the commencement of the action where the action properly may be maintained against one of the defendants pursuant to this section. If none of the parties shall reside in the State the action may be tried in any county which the plaintiff shall designate in his complaint. This section is subject however to the power of the court in the county where the action properly may be maintained according to this section to change the place of trial as provided in Section 15-7-100 or as otherwise in certain cases as provided by law.

(C)   A civil action tried pursuant to this section against a resident individual defendant must be brought and tried in the county in which the:

(1)   defendant resides at the time the cause of action arose; or

(2)   most substantial part of the alleged act or omission giving rise to the cause of action occurred.

(D)   A civil action tried pursuant to this section against a nonresident individual defendant must be brought and tried in the county in which the:

(1)   most substantial part of the alleged act or omission giving rise to the cause of action occurred; or

(2)   plaintiff resides at the time the cause of action arose, or if the plaintiff is a domestic corporation, domestic limited partnership, domestic limited liability company, domestic limited liability partnership, foreign corporation, foreign limited partnership, foreign limited liability company, or foreign limited liability partnership, at its principal place of business at the time the cause of action arose.

(E)   A civil action tried pursuant to this section against a domestic corporation, domestic limited partnership, domestic limited liability company, or domestic limited liability partnership, must be brought and tried in the county in which the:

(1)   corporation, limited partnership, limited liability company, or limited liability partnership has its principal place of business at the time the cause of action arose; or

(2)   most substantial part of the alleged act or omission giving rise to the cause of action occurred.

(F)   A civil action tried pursuant to this section against a foreign corporation required to possess a certificate of authority pursuant to the provisions of Section 33-15-101 et seq., a foreign limited partnership required to possess a certificate of authority pursuant to the provisions of Section 33-15-101 et seq., foreign limited liability company required to possess a certificate of authority pursuant to the provisions of Section 33-15-101 et seq., or foreign limited liability partnership required to possess a certificate of authority pursuant to the provisions of Section 33-15-101 et seq. must be brought and tried in the county in which the:

(1)   most substantial part of the alleged act or omission giving rise to the cause of action occurred; or

(2)   foreign corporation, foreign limited partnership, foreign limited liability company, or foreign limited liability partnership has its principal place of business at the time the cause of action arose.

(G)   A civil action tried pursuant to this section against a foreign corporation not required to possess a certificate of authority pursuant the provisions of Section 33-15-101 et seq., foreign limited partnership not required to possess a certificate of authority pursuant to the provisions of Section 33-15-101 et seq., foreign limited liability company not required to possess a certificate of authority pursuant to the provisions of Section 33-15-101 et seq., or foreign limited liability partnership not required to possess a certificate of authority pursuant to the provisions of Section 33-15-101 et seq. must be brought and tried in the county in which the:

(1)   most substantial part of the alleged act or omission giving rise to the cause of action occurred;

(2)   plaintiff resides at the time the cause of action arose, or if the plaintiff is a domestic corporation, domestic limited partnership, domestic limited liability company, domestic limited liability partnership, foreign corporation, foreign limited partnership, foreign limited liability company, or foreign limited liability partnership, at its principal place of business at the time the cause of action arose; or

(3)   foreign corporation, foreign limited partnership, foreign limited liability company, or foreign limited liability partnership has its principal place of business at the time the cause of action arose.

(H)   Owning property and transacting business in a county is insufficient in and of itself to establish the principal place of business for a corporation for purposes of this section." /
Renumber sections to conform.
Amend title to conform.

Rep. F. N. SMITH explained the amendment.

Rep. VICK moved that the House do now adjourn.

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

Those who voted in the affirmative are:

Agnew                  Allen                  Anderson
Branham                Breeland               Cobb-Hunter
Funderburk             Hosey                  Lee
Moody-Lawrence         Ott                    Parks
J. E. Smith            Vick

Those who voted in the negative are:

Anthony                Bailey                 Ballentine
Barfield               Battle                 Bingham
Brady                  J. Brown               Cato
Ceips                  Chalk                  Clark
Clemmons               Clyburn                Coates
Cooper                 Cotty                  Dantzler
Davenport              Delleney               Duncan
Frye                   Govan                  Hagood
Haley                  Hamilton               Hardwick
Herbkersman            M. Hines               Hinson
Hiott                  Jefferson              Kennedy
Kirsh                  Leach                  Limehouse
Littlejohn             Loftis                 Lucas
Mahaffey               McCraw                 McGee
McLeod                 Miller                 J. H. Neal
Neilson                Norman                 Owens
Pinson                 E. H. Pitts            Rice
Sandifer               Scarborough            Simrill
Sinclair               Skelton                D. C. Smith
G. R. Smith            J. R. Smith            Talley
Taylor                 Thompson               Toole
Tripp                  Umphlett               Vaughn
Viers                  Walker                 Weeks
White                  Whitmire               Wilkins
Witherspoon            Young

So, the House refused to adjourn.

Rep. VICK spoke against the amendment.

Rep. VICK continued speaking.

Rep. CATO moved to table the amendment.

Rep. J. E. SMITH demanded the yeas and nays which were taken, resulting as follows:

Those who voted in the affirmative are:

Anthony                Bailey                 Ballentine
Barfield               Battle                 Bingham
Bowers                 Brady                  Cato
Ceips                  Clark                  Clemmons
Coates                 Cooper                 Davenport
Delleney               Duncan                 Edge
Emory                  Frye                   Funderburk
Hagood                 Haley                  Hamilton
Hardwick               Harrell                Herbkersman
Hinson                 Hiott                  Huggins
Kennedy                Kirsh                  Leach
Limehouse              Littlejohn             Loftis
Lucas                  Mahaffey               Martin
McCraw                 McGee                  McLeod
Miller                 Norman                 Owens
Pinson                 E. H. Pitts            M. A. Pitts
Rice                   Sandifer               Scarborough
Simrill                Sinclair               Skelton
D. C. Smith            F. N. Smith            G. R. Smith
J. R. Smith            Stewart                Talley
Taylor                 Thompson               Toole
Umphlett               Vick                   Viers
Walker                 White                  Whitmire
Wilkins                Witherspoon            Young

Those who voted in the negative are:

Agnew                  Allen                  Anderson
Branham                Breeland               G. Brown
Coleman                Harvin                 Hosey
Howard                 Jefferson              Moody-Lawrence
Rivers                 J. E. Smith            Weeks

So, the amendment was tabled.

Rep. KENNEDY moved to reconsider the vote whereby Amendment 9A was tabled.

Rep. COATES moved to table the motion to reconsider.

Rep. J. E. SMITH demanded the yeas and nays which were taken, resulting as follows:

Those who voted in the affirmative are:

Anthony                Bailey                 Barfield
Battle                 Bingham                Bowers
Brady                  Branham                Cato
Ceips                  Clark                  Clemmons
Coates                 Cooper                 Cotty
Davenport              Delleney               Edge
Funderburk             Hagood                 Haley
Hamilton               Harrell                Harvin
Herbkersman            Hinson                 Hiott
Huggins                Kennedy                Kirsh
Leach                  Limehouse              Littlejohn
Loftis                 Lucas                  Mahaffey
Martin                 McCraw                 McGee
McLeod                 Miller                 Norman
Owens                  Perry                  Pinson
E. H. Pitts            Rice                   Sandifer
Scarborough            Simrill                Sinclair
Skelton                D. C. Smith            F. N. Smith
G. R. Smith            J. R. Smith            Talley
Taylor                 Thompson               Toole
Umphlett               Vaughn                 White
Whitmire               Wilkins                Young

Those who voted in the negative are:

Agnew                  Allen                  Breeland
G. Brown               Hosey                  Jefferson
Moody-Lawrence         Rivers                 J. E. Smith
Weeks

So, the motion to reconsider was tabled.

Rep. G. M. SMITH proposed the following Amendment No. 11A (Doc Name COUNCIL\MS\7230AHB05), which was tabled:
Amend the bill, as and if amended, by striking SECTION 8 in its entirety and inserting:
/ SECTION 8.   Sections 15-36-20, 15-36-30, 15-36-40, 15-36-50, and 58-23-90 and Chapter 38, Title 15 of the 1976 Code are repealed. /
Renumber sections to conform.
Amend title to conform.

Rep. J. E. SMITH explained the amendment.

Rep. RIVERS spoke against the amendment.

Rep. YOUNG moved to table the amendment.

Rep. J. E. SMITH demanded the yeas and nays which were taken, resulting as follows:

Those who voted in the affirmative are:

Agnew                  Anderson               Anthony
Bailey                 Bales                  Barfield
Battle                 Bingham                Bowers
Brady                  Branham                Cato
Ceips                  Clark                  Clemmons
Coates                 Cooper                 Dantzler
Davenport              Delleney               Duncan
Edge                   Frye                   Funderburk
Govan                  Hagood                 Haley
Hamilton               Hardwick               Harrell
Harvin                 Hayes                  Hinson
Hiott                  Huggins                Kennedy
Leach                  Limehouse              Littlejohn
Loftis                 Lucas                  Mahaffey
Martin                 McCraw                 McGee
McLeod                 Miller                 Norman
Owens                  Perry                  Pinson
E. H. Pitts            Rice                   Sandifer
Scarborough            Simrill                Sinclair
Skelton                F. N. Smith            G. M. Smith
G. R. Smith            J. R. Smith            Stewart
Talley                 Taylor                 Thompson
Toole                  Tripp                  Umphlett
Vaughn                 Vick                   Walker
White                  Whitmire               Wilkins
Witherspoon            Young

Those who voted in the negative are:

Allen                  Breeland               Coleman
Hosey                  Jefferson              Moody-Lawrence
Rivers                 J. E. Smith            Weeks

So, the amendment was tabled.

Rep. JENNINGS proposed the following Amendment No. 13A (Doc Name COUNCIL\NBD\11490AC05), which was tabled:
Amend the bill, as and if amended, Section 15-32-20 page 3, line 24 after /joint/ by inserting /, except as provided for in Section 15-32-45/.
Amend the bill further, page 4, immediately after line 21 by inserting:
/Section 15-32-45.   In an action for personal injury, property damage, or wrongful death, the liability of each defendant for damages is joint and several if the defendant had a duty not to injure the plaintiff and breached that duty. A person held jointly liable pursuant to the provisions of this section has a right of contribution from the other defendants./
Renumber sections to conform.
Amend title to conform.

Rep. J. E. SMITH explained the amendment.

Rep. KENNEDY spoke against the amendment.

Rep. YOUNG moved to table the amendment.

Rep. COBB-HUNTER demanded the yeas and nays which were taken, resulting as follows:

Those who voted in the affirmative are:

Bailey                 Bales                  Ballentine
Barfield               Battle                 Bingham
Bowers                 Brady                  Cato
Ceips                  Chalk                  Clark
Clemmons               Coates                 Cooper
Davenport              Delleney               Duncan
Edge                   Frye                   Funderburk
Haley                  Hamilton               Hardwick
Harrell                Hayes                  Herbkersman
Hinson                 Hiott                  Huggins
Kennedy                Kirsh                  Leach
Limehouse              Littlejohn             Loftis
Lucas                  Mahaffey               McCraw
McGee                  Merrill                Miller
Norman                 Owens                  Perry
Pinson                 E. H. Pitts            Rice
Sandifer               Scarborough            Simrill
Sinclair               Skelton                D. C. Smith
G. M. Smith            G. R. Smith            J. R. Smith
W. D. Smith            Stewart                Talley
Taylor                 Thompson               Toole
Tripp                  Umphlett               Vaughn
Vick                   Walker                 White
Whitmire               Witherspoon            Young

Those who voted in the negative are:

Agnew                  Allen                  Breeland
G. Brown               Coleman                Harvin
Hosey                  Jefferson              Moody-Lawrence
Rivers                 J. E. Smith            Weeks

So, the amendment was tabled.

Reps. McLEOD and JENNINGS proposed the following Amendment No. 14A (Doc Name COUNCIL\NBD\11488AC05), which was tabled:
Amend the bill, as and if amended, Section 15-32-20 page 3, line 24 after /joint/ by inserting /, except as provided for in Section 15-32-45/.
Amend the bill further, page 4, immediately after line 21 by inserting:
/   Section 15-32-45.   In an action for personal injury, property damage, or wrongful death due to an intentional tort or toxic tort, the liability of each defendant for damages is joint and several. A person held jointly liable pursuant to the provisions of this section has a right of contribution from the other defendants./
Renumber sections to conform.
Amend title to conform.

Rep. MCLEOD explained the amendment.

Rep. WEEKS spoke against the amendment.

Rep. YOUNG moved to table the amendment.

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

Those who voted in the affirmative are:

Agnew                  Anderson               Anthony
Bailey                 Bales                  Ballentine
Barfield               Battle                 Bingham
Bowers                 Brady                  Branham
G. Brown               Cato                   Ceips
Chalk                  Clark                  Clemmons
Dantzler               Davenport              Delleney
Duncan                 Edge                   Frye
Hagood                 Haley                  Hamilton
Hardwick               Harrell                Hayes
J. Hines               M. Hines               Hinson
Hiott                  Howard                 Huggins
Kennedy                Kirsh                  Leach
Limehouse              Loftis                 Lucas
Mahaffey               Martin                 McCraw
McGee                  Norman                 Ott
Owens                  Perry                  Pinson
E. H. Pitts            M. A. Pitts            Rice
Sandifer               Scarborough            Simrill
Sinclair               Skelton                D. C. Smith
G. M. Smith            G. R. Smith            J. R. Smith
W. D. Smith            Stewart                Talley
Taylor                 Thompson               Toole
Umphlett               Vaughn                 Vick
Viers                  Walker                 Weeks
White                  Whitmire               Witherspoon
Young

Those who voted in the negative are:

Allen                  Breeland               J. Brown
Coleman                Funderburk             Govan
Harvin                 Jefferson              McLeod
Miller                 Parks                  Rivers
Scott                  J. E. Smith

So, the amendment was tabled.

Rep. JENNINGS proposed the following Amendment No. 15A (Doc Name COUNCIL\NBD\11487AC05), which was tabled:
Amend the bill, as and if amended, by deleting Section 15-36-10(B)(3)(c) as contained in SECTION 6 of the bill and inserting:
/(c)   a directive of a nonmonetary nature designed to deter the person from bringing a future frivolous action or defense or an action or defense in bad faith./
Renumber sections to conform.
Amend title to conform.

Rep. J. E. SMITH explained the amendment.

Rep. WEEKS spoke against the amendment.
Rep. YOUNG moved to table the amendment.

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

Those who voted in the affirmative are:

Agnew                  Altman                 Anthony
Bailey                 Bales                  Ballentine
Barfield               Battle                 Bingham
Bowers                 Brady                  G. Brown
Cato                   Ceips                  Chalk
Clark                  Clemmons               Cooper
Delleney               Duncan                 Edge
Emory                  Frye                   Funderburk
Govan                  Hagood                 Haley
Hamilton               Hardwick               Harrell
Harrison               Hayes                  J. Hines
M. Hines               Hinson                 Hiott
Huggins                Kennedy                Kirsh
Leach                  Limehouse              Littlejohn
Loftis                 Lucas                  Mahaffey
McCraw                 McGee                  Norman
Owens                  Perry                  Pinson
E. H. Pitts            Rice                   Sandifer
Scarborough            Simrill                Skelton
G. M. Smith            G. R. Smith            J. R. Smith
W. D. Smith            Stewart                Talley
Taylor                 Townsend               Umphlett
Vaughn                 Vick                   Viers
Weeks                  White                  Whitmire
Witherspoon            Young

Those who voted in the negative are:

Breeland               J. Brown               Harvin
Hosey                  Jefferson              McLeod
Rivers                 Scott                  J. E. Smith

So, the amendment was tabled.

Reps. ALTMAN and JENNINGS proposed the following Amendment No. 16A (Doc Name COUNCIL\NBD\11491AC05), which was tabled:
Amend the bill, as and if amended, SECTION 3, page 4, immediately after line 24 by inserting:
/   Section 15-32-55.   When charging a jury on several liability the court shall also disclose to the jury the applicable insurance coverage limits for all defendants in the action./
Renumber sections to conform.
Amend title to conform.

Rep. RIVERS explained the amendment.

Rep. WEEKS spoke against the amendment.

Rep. YOUNG moved to table the amendment.

Rep. J. E. SMITH demanded the yeas and nays which were taken, resulting as follows:

Those who voted in the affirmative are:

Agnew                  Anderson               Anthony
Bailey                 Ballentine             Barfield
Battle                 Bingham                Bowers
Brady                  Branham                G. Brown
Cato                   Ceips                  Chalk
Clemmons               Coleman                Cooper
Cotty                  Dantzler               Davenport
Delleney               Duncan                 Edge
Frye                   Funderburk             Govan
Hagood                 Haley                  Hamilton
Hardwick               Harrell                Hayes
J. Hines               M. Hines               Hinson
Hiott                  Huggins                Kennedy
Kirsh                  Leach                  Lee
Limehouse              Littlejohn             Loftis
Lucas                  Mahaffey               McCraw
McGee                  Merrill                Miller
J. H. Neal             J. M. Neal             Norman
Owens                  Perry                  E. H. Pitts
M. A. Pitts            Rice                   Sandifer
Scarborough            Simrill                Sinclair
Skelton                D. C. Smith            F. N. Smith
G. M. Smith            G. R. Smith            J. R. Smith
W. D. Smith            Stewart                Talley
Taylor                 Thompson               Toole
Tripp                  Umphlett               Vaughn
Vick                   Viers                  Walker
Weeks                  White                  Whitmire
Wilkins                Witherspoon            Young

Those who voted in the negative are:

Allen                  Bales                  Breeland
J. Brown               Emory                  Harvin
Hosey                  Jefferson              Jennings
McLeod                 Moody-Lawrence         Neilson
Rivers                 Scott                  J. E. Smith

So, the amendment was tabled.

Rep. JENNINGS proposed the following Amendment No. 17A (Doc Name COUNCIL\MS\7282AHB05), which was tabled:
Amend the bill, as and if amended, by striking in its entirety Section 15-32-40, as contained in SECTION 3, and inserting:
/ Section 15-32-40.   (A)   Joint and several liability must be imposed on the following:

(1)   a defendant whose fault is greater than forty percent;

(2)   those defendants who consciously and deliberately pursue a common plan or design to commit a tortious act, or actively take part in it;

(3)   a defendant who commits an intentional tort;

(4)   a defendant who by reason of agency, employment, or other legal relationship is vicariously responsible for the conduct of another party; or

(5)   a defendant whose liability arises pursuant to another provision of law that otherwise provides for joint and several liability.

(B)   A defendant held jointly and severally liable pursuant to the provisions of this section has a right of contribution from other defendants held jointly and severally liable pursuant to this section to the extent provided for by Chapter 38, Title 15.

(C)   A defendant held jointly and severally liable pursuant to subsection (A)(2) must be held jointly and severally liable only for the total portion of fault assessed to those defendants with whom he acted in concert.

(D)   A defendant held jointly and severally liable pursuant to subsection (A)(4) must be held jointly and severally liable only for the total portion of fault assigned to the other party. For purposes of determining a share of fault a defendant who by reason of agency, employment, or other legal relationship is vicariously responsible for the conduct of another party and the other party shall be treated as a single party.

(E)   In an action subject to this chapter, a party seeking to establish that two or more defendants in an action should be treated as a single party for purposes of assigning a portion of fault based on common law principles of piercing the corporate veil affirmatively shall plead and the court shall determine, based on common law principles of piercing the corporate veil, whether these defendants should be treated as a single party so that the conduct of one defendant is attributed to the others or the individual shares of fault are aggregated for the purpose of applying joint and several liability as provided in subsection (A).

(F)   In a jury trial in any action in which the comparative fault of the parties or non-parties is an issue for determination by the jury, the trial court shall not instruct the jury on the effect of its finding as to the degree or percentage of negligence or fault of a party or non-party. /
Renumber sections to conform.
Amend title to conform.

Rep. RIVERS explained the amendment.

Rep. WEEKS spoke against the amendment.

Rep. YOUNG moved to table the amendment.

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

Those who voted in the affirmative are:

Agnew                  Anderson               Anthony
Bailey                 Bales                  Ballentine
Barfield               Battle                 Bingham
Bowers                 Brady                  G. Brown
Cato                   Ceips                  Chalk
Clark                  Clemmons               Coates
Cooper                 Cotty                  Dantzler
Davenport              Delleney               Duncan
Edge                   Frye                   Funderburk
Hagood                 Haley                  Hamilton
Hardwick               Harrell                Harvin
Hayes                  J. Hines               M. Hines
Hinson                 Hiott                  Huggins
Kennedy                Kirsh                  Leach
Lee                    Limehouse              Littlejohn
Lucas                  Mahaffey               McCraw
McGee                  J. M. Neal             Neilson
Norman                 Owens                  Perry
E. H. Pitts            M. A. Pitts            Rice
Sandifer               Scarborough            Simrill
Sinclair               Skelton                D. C. Smith
F. N. Smith            G. M. Smith            G. R. Smith
J. R. Smith            W. D. Smith            Stewart
Talley                 Taylor                 Thompson
Townsend               Umphlett               Vick
Viers                  Walker                 Weeks
White                  Whitmire               Wilkins
Witherspoon            Young

Those who voted in the negative are:

Allen                  Breeland               Hosey
Jefferson              McLeod                 Moody-Lawrence
Rivers                 Scott

So, the amendment was tabled.

Rep. JENNINGS proposed the following Amendment No. 18A (Doc Name COUNCIL\NBD\11489AC05), which was tabled:
Amend the bill, as and if amended, Section 15-32-20 page 3, line 24 after /joint/ by inserting /, except as provided for in Section 15-32-45/.
Amend the bill further, page 4, immediately after line 21 by inserting:
/Section 15-32-45.   In an action for personal injury, property damage, or wrongful death, the liability of each defendant for damages is joint and several if the use of alcohol or drugs by a defendant contributed to the injury. A person held jointly liable pursuant to the provisions of this section has a right of contribution from the other defendants./
Renumber sections to conform.
Amend title to conform.

Rep. RIVERS explained the amendment.

Rep. COBB-HUNTER spoke against the amendment.

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

Rep. COBB-HUNTER continued speaking.

Rep. YOUNG moved to table the amendment.

Rep. J. H. NEAL demanded the yeas and nays which were taken, resulting as follows:

Those who voted in the affirmative are:

Agnew                  Anthony                Bailey
Bales                  Ballentine             Barfield
Battle                 Bowers                 Brady
Branham                Cato                   Ceips
Chalk                  Clark                  Clemmons
Coates                 Cooper                 Cotty
Dantzler               Davenport              Delleney
Duncan                 Edge                   Frye
Funderburk             Hagood                 Haley
Hamilton               Hardwick               Harrell
Hayes                  Hinson                 Hiott
Huggins                Kirsh                  Leach
Limehouse              Loftis                 Lucas
Mahaffey               McCraw                 McGee
McLeod                 Neilson                Norman
Owens                  Perry                  M. A. Pitts
Rice                   Sandifer               Scarborough
Simrill                Sinclair               Skelton
D. C. Smith            F. N. Smith            G. M. Smith
G. R. Smith            J. R. Smith            W. D. Smith
Stewart                Talley                 Taylor
Thompson               Toole                  Townsend
Umphlett               Vaughn                 Viers
White                  Whitmire               Wilkins
Witherspoon            Young

Those who voted in the negative are:

Allen                  Breeland               G. Brown
Harvin                 J. Hines               M. Hines
Hosey                  Jefferson              Mack
J. H. Neal             Rivers                 Weeks

So, the amendment was tabled.

Rep. CATO moved to adjourn debate on the Senate Amendments, which was agreed to.

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

Rep. LEACH, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:

H. 3722 (Word version) -- Reps. Littlejohn and W. D. Smith: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF CANNONS CAMPGROUND ROAD IN SPARTANBURG COUNTY FROM ITS INTERSECTION WITH SOUTH CAROLINA HIGHWAY 110 TO DRAYTON AVENUE "LANCE CORPORAL TRAVIS FOX MEMORIAL HIGHWAY", AND TO ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS PORTION OF HIGHWAY THAT CONTAIN THE WORDS "LANCE CORPORAL TRAVIS FOX MEMORIAL HIGHWAY".
Ordered for consideration tomorrow.

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

H. 3777 (Word version) -- Reps. Ceips, Loftis, Breeland, Scott, Whipper, Bowers, Hosey, Vaughn, Anthony, Battle, Chalk, Clyburn, Dantzler, Hardwick, Harvin, Herbkersman, J. Hines, Howard, Jefferson, Kirsh, Lee, Martin, McCraw, Miller, Moody-Lawrence, J. H. Neal, Perry, M. A. Pitts, Rivers, Scarborough, Simrill, Toole and Umphlett: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-17-605 SO AS TO DEFINE THE TERMS "GEOCACHE", "GEOCACHING", AND "LETTERBOXING", TO PROVIDE THAT IT IS UNLAWFUL TO ENGAGE IN GEOCACHING OR LETTERBOXING IN CEMETERIES, ARCHEOLOGICAL SITES, OR ON THE HISTORIC PROPERTIES OF THE STATE, AND TO PROVIDE A PENALTY.
Referred to Committee on Judiciary

H. 3778 (Word version) -- Reps. Harrison, Wilkins, Cato, W. D. Smith, Merrill, Jennings, J. E. Smith and Chellis: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ENACT THE TORT REFORM ACT OF 2005.
On motion of Rep. JENNINGS, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

H. 3779 (Word version) -- Rep. Herbkersman: A BILL TO AMEND SECTIONS 6-33-30 AND 31-6-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE TAX INCREMENT FINANCING ACT FOR COUNTIES AND THE TAX INCREMENT FINANCING LAW, SO AS TO REVISE THE DEFINITIONS OF "BLIGHTED AREA" AND "CONSERVATION AREA" TO INCLUDE THE PRESENCE OF OR POTENTIAL ENVIRONMENTAL HAZARD, LACK OF STORM DRAINAGE, AND INADEQUATE TRANSPORTATION INFRASTRUCTURE AND TO PROVIDE THAT A CONSERVATION AREA MAY INCLUDE VACANT LAND, AND TO REPEAL CHAPTER 7 OF TITLE 31, RELATING TO AN UNNECESSARY DUPLICATIVE ENACTMENT OF THE TAX INCREMENT FINANCING ACT FOR COUNTIES.
Referred to Committee on Ways and Means

H. 3780 (Word version) -- Reps. Rice, Owens, Hardwick, Hiott and Ott: A BILL TO AMEND SECTION 48-1-87, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AQUATIC LIFE PROTECTION ACT, SO AS TO FURTHER PROVIDE FOR THE MANNER IN WHICH AND CONDITIONS UNDER WHICH THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL MAY IMPOSE NPDES PERMIT LIMITATIONS FOR TOXICITY IF A DISCHARGE HAS THE REASONABLE POTENTIAL TO CAUSE OR CONTRIBUTE TO A VIOLATION OF WATER QUALITY STANDARDS, AND TO AMEND ACT 258 OF 2004, ALSO RELATING TO THE AQUATIC LIFE PROTECTION ACT, SO AS TO PROVIDE THE CIRCUMSTANCES WHEN THE PROVISIONS OF THIS ACT DO NOT APPLY, AS STAYED, OR MAY BE ADMINISTRATIVELY MODIFIED.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs

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

The Senate returned to the House with concurrence the following:

H. 3269 (Word version) -- Reps. Ceips, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, Barfield, Battle, Bingham, Bowers, Brady, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Chalk, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Frye, Funderburk, Govan, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hiott, Hosey, Howard, Huggins, Jefferson, Jennings, Kennedy, Kirsh, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Norman, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rhoad, Rice, Rivers, Rutherford, Sandifer, Scarborough, Scott, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Stewart, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Umphlett, Vaughn, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A CONCURRENT RESOLUTION TO PROCLAIM JULY 2005 "BEAUFORT WATER FESTIVAL MONTH" IN SOUTH CAROLINA IN RECOGNITION OF THE BEAUFORT WATER FESTIVAL'S HISTORIC FIFTIETH ANNIVERSARY.

H. 3743 (Word version) -- Reps. Govan, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, Barfield, Battle, Bingham, Bowers, Brady, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Frye, Funderburk, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hiott, Hosey, Howard, Huggins, Jefferson, Jennings, Kennedy, Kirsh, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Norman, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rhoad, Rice, Rivers, Rutherford, Sandifer, Scarborough, Scott, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Stewart, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Umphlett, Vaughn, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A CONCURRENT RESOLUTION WELCOMING THE NATIONAL JURISDICTION OF BLACK METHODISTS FOR CHURCH RENEWAL, INC., (BMCR) TO THE 38TH ANNUAL MEETING OF THE GROUP, HOSTED THIS YEAR BY THE STATE OF SOUTH CAROLINA CHAPTER IN MYRTLE BEACH.

H. 3744 (Word version) -- Reps. Govan, Hosey, Scott, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, Barfield, Battle, Bingham, Bowers, Brady, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Frye, Funderburk, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hiott, Howard, Huggins, Jefferson, Jennings, Kennedy, Kirsh, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Norman, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rhoad, Rice, Rivers, Rutherford, Sandifer, Scarborough, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Stewart, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Umphlett, Vaughn, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A CONCURRENT RESOLUTION CONGRATULATING THE SOUTH CAROLINA STATE UNIVERSITY "BULLDOGS" 2004 FOOTBALL TEAM OF ORANGEBURG COUNTY FOR ITS SUCCESSFUL SEASON, CULMINATING IN RANKINGS IN THE TOP 25 DIVISION I-AA TEAMS BY THE SPORTS NETWORK AND USA TODAY/ESPN, AND HONORING THE PLAYERS AND HEAD COACH BUDDY POUGH.

H. 3745 (Word version) -- Rep. Ballentine: A CONCURRENT RESOLUTION TO CONGRATULATE AND EXTEND BEST WISHES TO THE MEMBERS OF THE RIVERLAND HILLS BAPTIST CHURCH UPON THE OCCASION OF THE COMPLETION OF THEIR NEW WORSHIP, EDUCATIONAL, AND ADMINISTRATIVE FACILITIES INTO WHICH THE CONGREGATION WILL MOVE IN THE FALL OF 2005.

H. 3751 (Word version) -- Rep. Vick: A CONCURRENT RESOLUTION TO RECOGNIZE AND CONGRATULATE THE CHESTERFIELD HIGH SCHOOL "RAMS" WRESTLING TEAM, HEAD COACH LANCE ABERNATHY, AND HIS STAFF FOR THEIR OUTSTANDING 2004-2005 SEASON AND SECOND CONSECUTIVE CLASS AA/A STATE CHAMPIONSHIP.

H. 3752 (Word version) -- Rep. Littlejohn: A CONCURRENT RESOLUTION TO CONGRATULATE THE BROOME HIGH SCHOOL "CENTURIONS" OF SPARTANBURG COUNTY ON THEIR 2004-2005 STATE AA BASKETBALL CHAMPIONSHIP, AND TO HONOR THE PLAYERS AND COACH HAL MCMANUS AND HIS FINE STAFF ON THEIR IMPRESSIVE SEASON.

H. 3769 (Word version) -- Reps. Bingham, Ballentine, Clark, Frye, Haley, Huggins, McLeod, Ott, E. H. Pitts and Toole: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND MANY FRIENDS OF LOWELL C. "BUTCH" SPIRES, JR., OF LEXINGTON COUNTY UPON HIS DEATH AND TO EXPRESS THE GRATITUDE OF THE CITIZENS OF LEXINGTON COUNTY, THE MIDLANDS REGION, AND THE STATE OF SOUTH CAROLINA FOR HIS MANY CONTRIBUTIONS TO HIS COMMUNITY, COUNTY, AND STATE.

At 6:20 p.m. the House, in accordance with the motion of Rep. HASKINS, adjourned in memory of Dr. Elizabeth Edwards of Greenville, professor at Bob Jones University, to meet at 10:00 a.m. tomorrow.

This web page was last updated on Wednesday, June 24, 2009 at 9:55 A.M.