Indicates Matter Stricken
Indicates New Matter

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

Our thought for today is from Isaiah 9:2: "The people who walked in darkness have seen a great light."
Let us pray. Almighty God, let Your light shine ever brighter upon these Representatives and staff as they deliberate on the affairs to make a difference in the lives of the people. As all of us have been confused by the darkness of violence, wars, immorality, and fear - may we look for the coming light to brighten our day. Look in favor upon our Nation, President, State, Governor, Speaker, this Honorable Assembly, and all who serve in these Halls of Government. Protect our defenders of freedom at home and abroad as they protect us. Hear our prayer, O Lord. Amen.

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

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

Rep. HOSEY moved that when the House adjourns, it adjourn in memory of Charles E. Riley of Fairfax, which was agreed to.

The following was received:

TO:       Clerk of the House
FROM:     Joint Transportation Review Committee
DATE:       February 29, 2008
RE:       Report of Candidate Qualifications

Act 114 of 2006 was enacted to restructure the Department of Transportation and the Department of Transportation Commission. Reforms were written to make the department and commission more accountable to the public, transparent in its operations, and more equitable in its delivery of services. A key component of Act 114 was the formation of the Joint Transportation Review Committee. The review committee's primary responsibility is to consider the qualifications of candidates for the Department of Transportation Commission and to determine whether the candidates meet the newly created statutory criteria for commissioners.

The Joint Transportation Review Committee is comprised of ten members, eight of whom are legislators and two of whom are appointed from the public at large. To fulfill its mandate, the review committee conducts a thorough investigation of each candidate's professional, personal, and financial affairs, and holds a public hearing during which each candidate may be questioned on a wide variety of issues. The review committee expects each candidate to demonstrate a level of experience or education applicable to the duties of a commissioner and to exhibit strong ethical standards. In conducting its review, the committee also took into consideration the candidates' general ability to perform the functions of the office of commissioner. The review committee's investigation focuses on whether the candidates meet the qualifications for service on the commission as established in Section 57-1-310(C):

The qualifications that each commission member must possess, include, but are not limited to:

(1) a baccalaureate or more advanced degree from:

(a) a recognized institution of higher learning requiring face-to-face contact between its students and instructors prior to completion of the academic program;
(b) an institution of higher learning that has been accredited by a regional or national accrediting body; or

(c) an institution of higher learning chartered before 1962; or

(2) a background of at least five years in any combination of the following fields of expertise:

(a) transportation;

(b) construction;

(c) finance;

(d) law;

(e) environmental issues;

(f) management; or

(g) engineering.

The review committee's investigation includes a (1) SLED background investigation and criminal records check, (2) a credit investigation, (3) a careful study of application materials including a comprehensive personal data questionnaire, (4) a test of basic knowledge related to policy within the Department of Transportation and the Commission, and (5) a personal interview with each candidate. The personal interview provides a candidate with the opportunity to discuss the specifics of his or her application and amend the materials if needed. The interview also provides the review committee with the opportunity to discuss routine questions related to ethical matters, the candidate's familiarity with the operations of the commission, the relationship between state, local, and regional transportation authorities, and general transportation related issues facing the state. The interview also allows the review committee to gauge the candidate's depth of experience and temperament.
On February 15, 2008 the terms of the current commissioners representing the First, Third, and Fifth Congressional districts expired. Sitting members may continue to serve for up to six months until their successors are elected. Members will be elected to a term of four years that expires on February 15, 2012.
The JTRC screened candidates for the First, Third and Fifth Congressional districts. Ten candidates were screened; three of these candidates withdrew from consideration.
This report contains the review committee's tentative findings of the qualifications of each candidate. However, no member of a congressional district delegation may pledge his or her vote to elect a nominee until the release of the final report.
The seven candidates in this report were each found to be qualified. Each member of the appropriate congressional delegation is provided a copy of this report for review and consideration. The review committee believes this report will help each member make a more

Members of the First, Third, and Fifth Congressional District delegations may meet to elect a commissioner to represent their district at any time after 12:00 noon on March 4, 2008 and before August 15, 2008.

Please note that pursuant to Section 57-1-325 congressional delegations must hold a duly called public meeting to elect a Department of Transportation Commissioner. Signing a 'pledge-sheet' does not constitute a vote in favor of a candidate nor does it replace the statutory requirement for a meeting.
Section 57-1-325 reads:

Legislators residing in the congressional district shall meet upon written call of a majority of the members of the delegation of each district at a time and place to be designated in the call for the purpose of electing a commissioner to represent the district. A majority present, either in person or by written proxy, of the delegation from a given congressional district constitutes a quorum for the purpose of electing a district commissioner. No person may be elected commissioner who fails to receive a majority vote of the members of the delegation.

The delegation must be organized by the election of a chairman and a secretary, and the delegations of each congressional district shall adopt such rules as they consider proper to govern the election. Any absentee may vote by written proxy. When the election is completed, the chairman and the secretary of the delegation shall immediately transmit the name of the person elected to the Secretary of State who shall issue to the person, after he has taken the usual oath of office, a certificate of election as commissioner. The Governor shall then issue a commission to the person, and pending the issuance of the commission, the certificate of election is sufficient warrant to the person to perform all of the duties and functions of his office as commissioner. Each commissioner shall serve until his successor is elected and qualified.

Related to commissioner's terms, Section 57-1-330 reads, in pertinent part:

(A) For the purposes of electing a commission member, a legislator shall vote only in the congressional district in which he resides. All commission members are elected to a term of office of four years which expires on February fifteenth of the appropriate year. Commissioners shall continue to serve until their successors are elected

COMMITTEE FINDING: QUALIFIED

Biographical Information:

Mr. Bunch is 65 years old and lives in Awendaw. He is part-owner and manager of three commercial truck dealerships. He is married to Judy R. Bunch and has one son.

The primary truck dealership, Hughes Motors, Inc., is a family company and is the nation's second-oldest Mack Truck dealership. Mr. Bunch also has interests in multiple real estate entities, a mini-storage facility, a KOA Kampground, and leasing companies.

Mr. Bunch is a member of the Rotary Club of North Charleston, the Executive Association of Greater Charleston, the Hibernian Society, and the North Charleston United Methodist Church. He is involved professional organizations related to the businesses, including the South Carolina Trucking Association, the South Carolina Automobile Dealer Association, the Georgia Automobile Association, and the Georgia Motor Trucking Association.
Statutory Qualifications:

Based on the Committee's investigation, Mr. Bunch meets the qualifications prescribed by law to serve as a member of the Commission.
Education:

Clemson University, B.S., Animal Science, 1973.
Areas of Expertise:

Mr. Bunch reports qualifying experience in the following statutory areas:

Mr. Bunch's family owns and operates the Mack Truck/Volvo heavy truck franchise in Charleston. He has been involved in this business since 1973.
Management:

Mr. Bunch oversees and makes executive management decisions for each of the companies he owns and operates. He stated he has managed people his entire professional career.
Professional Abilities:

The Committee found Mr. Bunch to be intelligent and straightforward, and to possess knowledge of transportation as it relates particularly to highways. His performance on the Committee's basic knowledge test exceeded expectations.
Character:

The Committee's investigation did not reveal anything to call Mr. Bunch' s character into question. He appears to have handled his business and personal financial affairs responsibly and SLED did not report a criminal record. Mr. Bunch fully answered all questions, both in the personal data questionnaire and in staff interviews.

The Committee's investigation did not reveal any evidence of possible conflicts of interest with the SCDOT or the Commission, and Mr. Bunch reported he knew of no conflicts. Mr. Bunch said that his company does not have any state or DOT-related contracts. The company sells to city/county governments infrequently and only on a bid basis. Mr. Bunch stated he would recuse himself from voting in the event a conflict arose.

Mr. Bunch testified he is aware of the statutory prohibition on members pledging votes until after the release of the Committee 's final report.

Mr. Bunch testified he has not sought or received the pledge of any legislator prior to screening; has not sought or been offered a conditional pledge of support by a legislator; and has not asked third persons to contact members of the General Assembly prior to screening.
Physical Health

Mr. Bunch appears to be physically capable of performing the duties of the office.
Letters of Recommendation:

Mr. T. Heyward Carter, Jr. -- Evans, Carter, Kunes & Bennett, P.A., Charleston

Mary Thornley, Ed.D -- Trident Technical College, Charleston

Mr. W. Ralph Phillips -- Santee industrial Products, Charleston

Mr. Hugh C. Lane, Jr. -- The Bank of South Carolina, Charleston

Mr. Edgar A. Buck, Sr. -- Charleston

Mr. C. Ronald Coward -- Coward Hund Construction, North Charleston
Additional Information:

Mr. Bunch demonstrated a general knowledge of transportation issues facing the State. He identified overall maintenance problems on secondary roads as a key concern. Mr. Bunch also commented on the importance of I-73, discussed the possibility of tolling I-95, and acknowledged infrastructure needs for both the Jasper Port and any inland warehousing facilities that may be built. He noted that the deteriorating condition of the State' s roads and bridges impacts not only existing businesses but can also hinder the State's ability to attract new businesses. He said he is particularly aware of the challenges that I-95 presents for shipping companies due to the poor conditions of the interstate and resulting wear and tear on vehicles.

Mr. Bunch identified the need to identify increased funding for the Department of Transportation. He stated he wants to serve on the commission so that he can give back to South Carolina, which has been good to him and his family.
Conclusion:

Mr. Bunch appears to be a reasonable, successful and forthcoming businessperson. The Committee believes he would be an effective member of the Commission. The Committee finds Mr. Bunch qualified and reports him to the resident members of the First District delegation for consideration.

COMMITTEE FINDING: QUALIFIED

Biographical Information:

Mr. Byrd is 58 years old and lives in Moncks Corner. He has been the President of Trees, Inc. in Berkeley County for 24 years. He is married to Shanda Taylor Byrd and has four children.

Trees, Inc. harvests and transports lumber to companies that process it, primarily for paper products. Due to a significant decline in the lumber market, Mr. Byrd recently sold at auction most of the vehicles and equipment used by Trees, Inc.

Mr. Byrd is a member of the S.C. Forestry Association, the S.C. Trucking Association and the Berkeley County Chamber of Commerce. He is a past board member of the S.C. Timber Producers Association and the American Logger's Council, and serves on the South Carolina Bank and Trust (SCB&T) local advisory board.
Statutory Qualifications:

Based on the Committee's investigation, Mr. Byrd meets the qualifications prescribed by law to serve as a member of the Commission.
Education:

Haywood Technical College, Associate of Applied Sciences - Forestry,   1970.
Areas of Expertise:

Mr. Byrd reports qualifying experience in the following statutory areas:
Transportation:

As owner of Trees, Inc., of Berkeley County, he stated he has experience in all phases of the trucking industry. He noted his company transported lumber for more than twenty years, during which time he maintained compliance with complex federal and state transportation laws.
Management:

Mr. Byrd stated he managed the overall operations and personnel of Trees, Inc.
Finance:

Mr. Byrd managed the finances of the company, regularly monitoring financial reports to gauge market conditions and arranging finances to withstand slow economic periods. Mr. Byrd also stated he negotiated with financial institutions to secure financing for equipment and negotiated contracts for his services with large and small corporate interests.

As a member of the SCB&T local advisory board, he reviews and analyzes financial data from the branch offices within the advisory board's jurisdiction and makes recommendations to the bank's central office concerning the local branch's financial performance.
Environmental:

Trees, Inc.'s activities were regulated by state and federal environmental protection agencies. Mr. Byrd stated he had to understand and maintain compliance with relevant state and federal laws and regulations, including protecting job sites in compliance with South Carolina's Best Management Practices.
Professional Abilities:

The Committee found Mr. Byrd to be intelligent and to possess general knowledge related to transportation in South Carolina. His performance on the Committee's basic knowledge test exceeded expectations.
Additional Information:

Mr. Byrd is married to Senator Larry Grooms' aunt. Senator Grooms recused himself from voting on Mr. Byrd's qualifications.

The Committee's investigation did not reveal anything to call Mr. Byrd's character into question. He appears to have handled his business and personal financial affairs responsibly and SLED did   not report a criminal record. Mr. Byrd fully answered all questions, both in the personal data questionnaire and in staff interviews.

As noted, Mr. Byrd recently auctioned off most of Trees, Inc's vehicles and equipment. As a result the business incurred a significant tax liability that was reflected on his financial disclosures. However, Mr. Byrd stated that the company has enough cash on hand to satisfy any debt.

Mr. Byrd said he knew of no conflicts with the SCDOT or Commission. He further stated he would disclose any conflicts and recuse himself from voting if necessary.

Mr. Byrd testified he is aware of the statutory prohibition on members pledging votes until after the formal release of the Committee's final report.

Mr. Byrd testified he has not sought or received the pledge of any legislator prior to screening; has not sought or been offered a conditional pledge of support by a legislator; and has not asked third persons to contact members of the General Assembly prior to screening.
Physical Health:

Mr. Byrd appears to be physically capable of performing the duties of the office.
Letters of Recommendation:

Mr. Johnny E. Ward, Moncks Corner

Mr. William O. Duke, Jr., Summerville

Mr. John S. West, Esq., Moncks Corner

Mr. Robert R. Scott, Columbia

Mr. Phil Denny, Columbia
Miscellaneous:

Mr. Byrd demonstrated a good general knowledge of transportation issues facing the state. He identified overall maintenance problems on secondary roads as a key concern, while also noting the importance of improving and maintaining I-95 and I-26. He cited the state's need to identify improved funding mechanisms for DOT. Mr. Byrd stated he wanted to serve on the commission to give back to the people of the State.
Conclusion:

Mr. Byrd appears to be a reasonable and successful businessperson. The Committee believes he would be an effective member of the Commission. The Committee finds Mr. Byrd qualified and reports him to the resident members of the First District delegation for consideration.

COMMITTEE FINDING: QUALIFIED

Biographical Information:

Mr. Isaac is 55 years old and lives in Myrtle Beach. He is married to Sally M. Isaac and has two children. He is the President of A&I Corporation and its North Carolina sister company, Alisco, Inc. Mr. Isaac serves on the Board of Directors of Crescent Bank, the Board of Directors of Electric Services of South Carolina, and is the treasurer of Benchmark Management. He holds a South Carolina residential builders license and a general contractor's license in both North and South Carolina.

Mr. Isaac is a member of the Myrtle Beach Rotary Club and various state and local chambers of commerce. He has had leadership roles with the Boy Scouts of America both locally and regionally. He also is involved in the Construction Management Technology program at Horry-Georgetown Technical College. Mr. Isaac is active in the Restoration Industry Association, the professional trade organization related to his profession.

Based on the Committee's investigation, Mr. Isaac meets the qualifications prescribed by law to serve as a member of the Commission.
Education:

The Citadel, B.S., 1974.
Qualifying Expertise:

Mr. Isaac claims qualifying experience in the following   statutory areas:
Construction:

A & I Corporation and Alisco, Inc. serve as full-service general contractors specializing in insurance repairs and property restoration. Mr. Isaac stated the company provides reconstruction services on small jobs as well as larger, multi-million dollar projects. Mr. Isaac reports he has been involved in all aspects of the business since its inception 34 years ago.
Finance:

Mr. Isaac serves on the Board of Directors and the loan committee of Crescent Bank, where he is a founding director. He stated he monitors the finances of the bank and is involved in resource management, acquisition, and investment. As Chairman of the Oversight Committee for Crescent Mortgage, Mr. Isaac stated he is responsible for monitoring the company to ensure a proper balance between the risk and reward in the company's lending. Crescent Mortgage's business is primarily focused on commercial buildings and real estate development projects.
Environmental:

A&I Corporation and Alisco, Inc. have both provided mold remediation services for the past ten years.
Management:

Mr. Isaac states he has managed the employees of A&I Corporation and Alisco, Inc. for 34 years.
Professional Abilities:

The Committee found Mr. Isaac to be knowledgeable and enterprising. His performance on the Committee's test of basic knowledge of DOT policy met expectations.
Character:

The Committee's investigation did not reveal matters that called Mr. Isaac's character into question. He appears to have handled his business and financial affairs responsibly and SLED did not report a

Mr. Isaac reported no known or potential conflicts with the Commission, and stated he would recuse himself from voting should a conflict arise.

Mr. Isaac testified he is aware of the statutory prohibition on members pledging votes until after the release of the Committee's final report. He further testified he has not sought or received the pledge of any legislator prior to screening; has not sought or been offered a conditional pledge of support by a legislator; and has not asked third persons to contact members of the General Assembly prior to screening.
Physical Health:

Mr. Isaac appears to be physically capable of performing the duties of the office.
Letters of Recommendation:

Mr. David Morrow -- Crescent Bank, Myrtle Beach

Mr. Brad Dean -- Myrtle Beach Area Chamber of Commerce, Myrtle Beach

Mr. William A. Alford - A & I Corporation, Myrtle Beach

Mr. Doug Wendel -- Burroughs & Chapin, Myrtle Beach

Mr. Tom Rice -- Rice, MacDonald, Winters & Breeden, Myrtle Beach
Additional Information:

Mr. Isaac demonstrated knowledge of transportation issues in South Carolina. He stated overall maintenance problems on secondary roads are a key concern, and discussed the importance of I-73 to the state. Mr. Isaac also stated an interest in increasing funding for the SCDOT.
Conclusion:

Mr. Isaac appears to be a successful and intelligent businessperson. The Committee believes he would be an effective member of the Commission. The Committee finds Mr. Isaac qualified and reports him to the resident members of the First District delegation for consideration.

COMMITTEE FINDING: QUALIFIED

Biographical Information:

Mr. Willingham is 68 years old and lives in Mt. Pleasant. He is married to Kaye Elizabeth Boyette Willingham.

Mr. Willingham is President of Thompson Trucking Company and has been in leadership positions there for 14 years. Mr. Willingham also is a partner in Wando Concrete, LLC, a ready mix producer. He has significant experience in other, construction-related businesses as well.

Mr. Willingham served in active duty in the Army Corps of Engineers and the Army Reserves. He is active in the S.C. Trucking Association and serves as chairman of its board. He is on the S.C. Mining Council, the Board of Directors of the S.C. Mining Association, is a member of the S.C. Legislative Committee of the Associated General Contractors of America (Carolinas Branch), and serves on the board of the Tri-County Regional Chamber of Commerce.

Mr. Willingham has at various times served in appointed positions on at least six boards and commissions responsible for public policy, ranging from the Charleston County Joint Planning Policy Committee to the Mt. Pleasant Economic Development Advisory Board. A former deacon at First Baptist Church of Charleston, he has served or currently serves on various non-profit and philanthropic boards.
Statutory Qualifications:

Based on the Committee's investigation, Mr. Willingham meets the qualifications prescribed by law to serve as a member of the Commission.
Education:

The Citadel, B.S., Civil Engineering, 1961.
Areas of Expertise:

Mr. Willingham claims qualifying experience in the following   statutory areas:
Transportation:

VP/General Manager, Thompson Trucking, 14 years,   currently serving as President. He also is Chairman of the Board of the         S.C. Trucking Association and represented the Association on the           Charleston Area Transportation Study Committee (CHATS).
Construction:

Primarily a hauling company, Thompson Trucking utilizes 70 bulk material haulers and supports its affiliate company, O.L. Thompson Construction, a Charleston-based site work construction company. Mr. Willingham also noted the following experience: VP of Tidewater Concrete Block & Pipe Co., 16 years; Sales Engineer for Wm Byrd Sales Corp, 16 years; S.C. Sales Manager, Lone Star Industries and Tarmac PLC, 8 years; VP, Southeast Region, Big River Industries, 3 years; S.C. Manager of Southern Aggregates, 2 years.
Management:

Mr. Willingham cited his experience in Management in conjunction with his experience in Transportation and Construction, above.
Environmental:

Charleston County appointee to the SCDHEC Coastal Zone Management Appellate Panel, 2001-2005.
Professional Abilities:

The Committee found Mr. Willingham to be thoughtful and intelligent and to possess extensive experience in construction-related businesses that depend heavily on transportation networks and infrastructure. His performance on the Committee's test of basic knowledge of DOT policy exceeded expectations.
Character:

The Committee's investigation did not find matters that would call Mr. Willingham's character into question. Mr. Willingham reported no known or potential conflicts with the Commission.

The Committee noted that Wando Concrete, the ready mix producer Mr. Willingham co-owns, was one of the companies that supplied cement for the construction of the Ravenel Bridge in Charleston.

Mr. Willingham noted the project was an unusually large one for the company. He stated that Wando is a supplier of raw materials to contractors/subcontractors only. He said the company has no direct contracts with any state agency or any local government. He took care to advise he would recuse himself from any votes where he faced a conflict of interest.

Mr. Willingham testified he is aware of the statutory prohibition on members pledging votes until after the release of the Committee's final report. He further testified he has not sought or received the pledge of

Mr. Willingham appears to be physically capable of performing the duties of the office.
Letters of Recommendation:

Mr. Robert W. Scoggin -- Mt. Pleasant

C. Mitchell Carnell, Jr., Ph.D. -- Charleston

Mr. Robert F. Clair, Jr. -- Meggett

Mr. Thomas J. Anderson, Jr. -- Wachovia Bank, Charleston

Albert J. Baciocco, Jr. -- VADM, USN, (Ret.), Mt. Pleasant
Additional Information:

Mr. Willingham demonstrated a solid working knowledge of construction and transportation issues. He stressed his knowledge of these industries gives him an understanding of the importance of maintaining and improving the state's transportation networks. He expressed concerns related to funding mechanisms for maintenance and new construction, and noted the poor condition generally of some portions of South Carolina's interstates.

Mr. Willingham was the only candidate to mention that he has attended recent commission meetings. He demonstrated an understanding of the MPO/COG planning process, as well as the State Infrastructure Bank's funding concerns.
Conclusion:

Mr. Willingham appears to be an intelligent, highly experienced businessperson. The Committee believes he would be an effective member of the Commission. The Committee finds Mr. Willingham qualified and reports him to the resident members of the First District delegation for consideration.

COMMITTEE FINDING: QUALIFIED

Biographical Information:

Mr. Dalton is 65 years old and lives in Easley. He is President and CEO of Blue Ridge Electric Cooperative, Inc., a position he has held since 1982. Married to Olivia Davis Dalton, he has three children. He is a member of the Board of Directors of the Electric Cooperatives of S.C., the Board of Directors of the Peoples Bancorporation and the Board of Directors of the Bank of Anderson. Mr. Dalton is also a member of the Greenville Rotary Club, the Better Business Bureau of the Foothills, and the Greater Greenville Chamber of Commerce. He is Secretary of Clemson University's IPTAY Board of Directors.

Mr. Dalton is a member of the Board of Directors of Cannon Memorial Hospital and is on the Greenville American Red Cross board. He also serves or has served on numerous other economic development and charitable boards. A former member of Pickens City Council, Mr. Dalton served on the S.C. Highway Commission from 1979-1983, and again from 1987-1991. He was chairman in 1983 and 1991.
Statutory Qualifications:

Based on the Committee's investigation, Mr. Bunch meets the qualifications prescribed by law to serve as a member of the Commission.
Education:

Clemson University, BS, Industrial Management, 1964.
Areas of Expertise:

Mr. Dalton claims qualifying experience in the following statutory areas:
Construction:

Owner/President, Dalton Furniture & Carpet, Inc., a retail furniture and interior design company, 1966-1982.
Finance:

Chairman, Audit Committee, Peoples Bancorporation; Director, Bank of Anderson, Anderson; President and CEO of Blue Ridge Electric Cooperative, Inc.

President & CEO of Blue Ridge Electric Cooperative, Inc.
Professional Abilities:

The Committee found Mr. Dalton to be intelligent and knowledgeable about transportation issues, and noted his previous experience on the Highway Commission. His performance on the Committee's basic knowledge test of Department policy met expectations.
Character:

The Committee's investigation did not reveal anything that called Mr. Dalton's character into question. He appears to have handled his personal and financial affairs responsibly and SLED did not report a criminal record. Mr. Dalton fully answered all questions, in both the personal data questionnaire and in staff interviews. He reported no known or potential conflicts with the Commission, and stated he would recuse himself from voting should a conflict arise.

Mr. Dalton testified he is aware of the statutory prohibition on members pledging votes until after the release of the Committee's final report.

Mr. Dalton testified he has not sought or received the pledge of any legislator prior to screening; has not sought or been offered a conditional pledge of support by a legislator; and has not asked third persons to contact members of the General Assembly prior to screening.
Physical Health:

Mr. Dalton appears to be physically capable of performing the duties of the office.
Letters of Recommendation:

The Honorable Gresham Barrett - Member, United States House of Representatives, Washington, D.C.

Mr. R.R. Ridgeway - Peoples Bancorporation, Easley

Mr. Michael J. Hayes - WYFF, Greenville

Dr. John M. Adams - First Baptist Church, Easley

Mr. Marvin G. Carmichael - Clemson University, Clemson

Mr. Mat Self - GMI Holding, Inc., Greenwood
Additional Information:

Mr. Dalton expressed a general understanding of the Commission and the Department of Transportation. He cited road and bridge quality issues as important, and said funding for new construction and maintenance are challenges that will face any new commissioner. Mr. Dalton stated he would work to see that DOT contractors ensure

Mr. Dalton appears to be a well-respected, responsible businessperson. The Committee believes he would be an effective member of the Commission. The Committee finds Mr. Dalton qualified and reports him to the resident members of the Third District delegation for consideration.

COMMITTEE FINDING: QUALIFIED

Biographical Information:

Mr. Lewis is 63 years old and lives in West Union. He is founding principal and Chairman of H2L, a Greenville-based engineering firm. Mr. Lewis is married to Irene Galloway Reames Lewis.

Mr. Lewis serves on the American Arbitration Association Panel of Neutrals as arbitrator and mediator for complex construction disputes. He is licensed in South Carolina as a professional engineer and he been or is licensed in nine other states as a professional engineer.

Mr. Lewis is the author of numerous professional articles and receives continuing education on various engineering topics. He is a member of several professional associations and has received a number of professional awards and recognitions. He serves on the Clemson University Research Foundation Board of Directors and is its past Chairman. Mr. Lewis attends Augusta Road Baptist Church in Greenville and Trinity Baptist Church in Seneca. He is also a member of the Poinsett Club.
Statutory Qualifications:

Based on the Committee's investigation, Mr. Lewis meets the qualifications prescribed by law to serve as a member of the Commission.
Education:

Clemson University, BSCE, 1966; Clemson University, MSCE, 1967.
Areas of Expertise:

Mr. Lewis claims qualifying experience in the following statutory areas:
Engineering:

Founding principal and Chairman, H2L Consulting Engineers, 1989 -   present. Mr. Lewis stated the firm offers in-house design, project management and consulting services. These services include engineering design and preparation of construction contracts for various private and public sector clients, and engineering consultation for large industrial projects, public utilities, insurance companies, law firms, and corporate clients for the resolution of design and construction disputes. Notable projects include the Newport News Shipyard's corporate tower and a naval shipyard in Georgia. The company also provides certain computer hardware, software and network management services to a number of small businesses.
Management:

Mr. Lewis's duties include general management of the corporation and management of assigned client accounts as senior consultant. He also is treasurer of the corporation.
Construction:

As part of Mr. Lewis' duties as an engineer, consultant and corporate manager, he stated he has responsible positions in contract administration related to construction and environmental matters.
Professional Abilities:

The Committee found Mr. Lewis to be an extremely knowledgeable and successful engineer. His performance on the Committee's test of basic knowledge of DOT policy exceeded expectations.
Character:

The Committee's investigation did not reveal anything that called Mr. Lewis' character into question. He appears to have handled his personal and financial affairs responsibly and SLED did not report a criminal record.

Mr. Lewis fully answered all questions asked of him in both the personal data questionnaire and in staff interviews. He reported no known or potential conflicts with the Commission, and stated he would seek Ethics Commission advice and/or recuse himself from voting should a conflict arise.

Mr. Lewis testified he is aware of the statutory prohibition on members pledging votes until after the release of the Committee's final

Mr. Lewis appears to be physically capable of performing the duties of the office.
Letters of Recommendation:

Mr. R. Arthur Seaver, Jr. -- Greenville First Bank, Greenville

Mr. Leo H. Hill -- Nelson Mullins, Greenville

Mr. W.O. Powers -- Powers Construction, Florence

Mr. Henry W. Brown -- Nexsen Pruet, Columbia

Mr. Robert T. Lyles -- Lyles & Lyles, LLC, Charleston
Additional Information:

Mr. Lewis expressed a general familiarity with the DOT Commission and the operation of the Department. Specifically, he cited achievement of the highway safety goals outlined in the DOT's Strategic Highway Plan as important. Further, he identified prioritization of current and future road construction projects as priorities for the growth of the State, and noted the immediate importance of road and bridge maintenance.

Mr. Lewis stated if elected he would not micromanage the department's progress, but rather would continue the recent improvements the department has made. He also expressed a familiarity with the workings of his local Council of Government, which would be helpful knowledge given the DOT's relationship with COGs.
Conclusion:

Mr. Lewis appears to be a well-organized, deliberate and successful businessperson. The Committee believes he would be an effective member of the Commission. The Committee finds Mr. Lewis qualified and reports him to the resident members of the Third District delegation for consideration.

COMMITTEE FINDING: QUALIFIED

Biographical Information:

Ms. Nuckles is 63 years old and lives in Rock Hill. She is owner of Pencilheads, LLC, a small business accounting, consulting, and business development company. She has two children.

Ms. Nuckles is active in local politics and her church. She is a former City Commissioner of the City of West Palm Beach, Florida.
Statutory Qualifications:

Based on the Committee's investigation, Ms. Nuckles meets the qualifications prescribed by law to serve as a member of the Commission.
Education:

Columbus Jr. College, Columbus, Ga., 1964-1966; Indian River Community   College, Ft. Pierce, Fla., various classes, 1966-1975; Florida Atlantic University (FAU),   Boca Raton, Fla., B.A., 1989; FAU, attended MBA program, 1991. Ms. Nuckles stated   the MBA program was not completed due to her marriage, a new business and elected office.
Areas of Expertise:

Ms. Nuckles claims qualifying experience in the following statutory areas.
Transportation:

Palm Beach County, Fla., MPO, 1993-1995. Ms. Nuckles served   on the Metropolitan Planning Organization in her official capacity as elected city   commissioner representing the City of West Palm Beach. She   stated she dealt   with rapid growth and infrastructure funding issues. She also noted she worked as   a special projects intern on the RFATS MPO in Rock Hill from 2004-2005, as a transportation planning and grants coordinator working with the Federal Highway Administration and SCDOT. She co-authored the local Public Involvement Plan, and   coordinated planning with the Catawba Regional COG.

Ms. Nuckles cited her work with Capital Management and Engineering, P.C., a   management consulting firm, from 2005-2008.

Ms. Nuckles was co-owner of Nuckles Flooring Inc. in Fla. and Nuckles Consulting in Rock Hill from 1992-2003. The firms were upscale   hardwood   flooring, design, and woodworking/cabinetry contracting and consulting companies.
Finance:

Ms. Nuckles was a budget officer and internal auditor for the Ft. Pierce,   Florida, Utilities Authority from 1970-1975. She was business manager and   general manager of Truck & Trailer Center, Inc., of Ft. Pierce, from 1980-1985.   As co-owner of Nuckles Flooring, she stated she was responsible for ensuring working capital, cash   flow,   lines of credit, and banking and franchise relationships. She stated she compiled financial reporting documents and profit and tax estimates, provided cash flow   management and did financial planning work with Capital Management and Engineering.
Management:

Ms. Nuckles was general manager of Truck & Trailer Center, Inc.; co-owner of Nuckles Flooring Center, where she oversaw eight employees; and   Director of Development for the Red Cross of Palm Beach County from June-   October of 1992.
Professional Abilities:

The Committee found Ms. Nuckles to be thoughtful, deliberate and intelligent. Her performance on the Committee's test of basic knowledge of DOT policy exceeded expectations.
Character:

The Committee's investigation did not reveal anything that called Ms. Nuckles' character into question. Ms. Nuckles appears to have handled her personal and financial affairs responsibly and SLED did not report a criminal record. Ms. Nuckles fully answered all questions in both the personal data questionnaire and in staff interviews. She reported no known or potential conflicts with the Commission, and stated she would recuse herself from voting should a conflict arise.

Ms. Nuckles testified she is aware of the statutory prohibition on members pledging votes until after the release of the Committee's final report. She further testified she has not sought or received the pledge of any legislator prior to screening; has not sought or been offered a conditional pledge of support by a legislator; and has not asked third

Ms. Nuckles appears to be physically capable of performing the duties of the office.
Letters of Recommendation:

Mr. Glenn McCall -- Rock Hill

Mrs. Larry (Kathy) Bigham -- Rock Hill

Mr. James H. Edwards -- Wilson Miller & Associates, Rock Hill

Mr. Hamp Atkins, Rock Hill

Mrs. Trudy Laub -- Palmetto Pregnancy Center, Rock Hill

Mr. Davis Guyton, Esq. -- Rock Hill

Mrs. Barbi B. Aiton -- First Citizens, Rock Hill
Additional Information:

Ms. Nuckles demonstrated a good working knowledge of transportation matters, particularly related to the technical components of state transportation policy. She stated her transportation experience is in three areas: technical, policy, and consulting. She demonstrated significant familiarity with the MPO and COG planning systems and discussed working knowledge of financing and management of public transportation projects.

Ms. Nuckles noted the state's growth presents a challenge for the DOT. She discussed demographic shifts and problems related to overall infrastructure, and demonstrated an awareness of funding concerns. Ms. Nuckles stated she favors a whole-state effort toward policy and planning, rather than the district-by-district approach the Commission has sometimes taken. Ms. Nuckles called for new approaches to be used in road and maintenance funding efforts, and she outlined these approaches with some specificity.
Conclusion:

Ms. Nuckles appears to be a thoughtful, careful and intelligent individual. The Committee believes she would an effective member of the Commission. The Committee finds Ms. Nuckles qualified and reports her to the resident members of the Fifth District delegation for consideration.

Respectfully submitted,
Sen. Lawrence K. Grooms, Chm.     Rep. Jay Lucas, Vice Chm.
Sen. Glenn F. McConnell           Rep. Annette Young
Sen. Hugh K. Leatherman           Rep. Nathan Ballentine
Sen. Danny Verdin                 Mr. Reid Banks
Sen. Gerald Malloy               Mr. Bob Harrell, Sr.

Addendum

The following items were received by the Joint Transportation Review Committee:

"I am recusing myself from voting on the qualifications of Mr. Charles Dalton, Mr. David Bunch and Mr. Kenneth Willingham. I do so out of caution and appearance because both of these gentlemen have contributed to my reelection campaign in the past."

Glenn F. McConnell

February 7, 2008

I am recusing myself from voting on the qualifications of the following individuals: Mr. Kenneth Willingham because he contributed to my reelection campaign; and Mr. William Byrd because he is married to my mother's sister.

Larry K. Grooms

February 7, 2008

The Honorable Lawrence K. Grooms
Chairman, Senate Transportation Committee
203 Gressette Building
Columbia, South Carolina 29201

Dear Senator Grooms:

Because I have received campaign contributions from the following individuals or organizations with which the individuals may be affiliated, I hereby request to be recorded as recusing myself from the vote regarding qualifications for the following candidates for the Department of Transportation Commission:

District 1

Mr. David W. Bunch
Mr. Thomas W. Byrd
Mr. Daniel H. Isaac, Jr.
Mr. Kenneth R. Willingham

Mr. Charles E. Dalton

Even though I am recusing myself from voting, I found all of these candidates to be well qualified.

Hugh K. Leatherman

Member, Joint Transportation Review Committee

Received as information.

On motion of Rep. LEACH, with unanimous consent, the following were taken up for immediate consideration and accepted:

January 3, 2008
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Chairman Leach:

On behalf of the Mechanical Contractors Association of SC, the Members and attaches of the House of Representatives are invited to a barbecue. This event will be held on Wednesday, March 26, 2008, beginning at 6:00 p.m. at "The Coop".

Sincerely,
Mona Lisa Flowers
Managing Director

January 3, 2008
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Chairman Leach:

On behalf of the SC Chamber of Commerce, the SC Coalition for Small Business and Entrepreneurship, and the U.S. Small Business

Sincerely,
Haidee Stith
Director-SC Women's Business Center
Chairman, SC Coalition for Small Business & Entrepreneurship

January 3, 2008
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Chairman Leach:

On behalf of the SC Association of Municipal Power Systems, the Members of the House of Representatives are invited to a reception. This event will be held on Tuesday, April 1, 2008, from 6:00 p.m. until 8:30 p.m. at the Clarion Town House Hotel.

Sincerely,
John Bagwell
Orangeburg DPU
President

January 3, 2008
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Chairman Leach:

On behalf of the Transportation Association of SC, the Members and staff of the House of Representatives are invited to a reception. This event will be held on Tuesday, April 1, 2008, from 7:30 p.m. until 10:00 p.m. at Seawell's.

Sincerely,
Baylen T. Moore

Dear Chairman Leach:

On behalf of Prevent Child Abuse SC, the Members of the House of Representatives are invited to a breakfast. This event will be held on Wednesday, April 2, 2008, from 7:30 a.m. until 10:00 a.m. in Room 112 of the Blatt Building.

Sincerely,
Sue Oliver
Chief Executive Officer

January 3, 2008
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Chairman Leach:

On behalf of the School Nutrition Assoc. of SC, the Members and attaches of the House of Representatives are invited to a luncheon. This event will be held on Wednesday, April 2, 2008, from 12:00 noon until 2:00 p.m. in Room 112 of the Blatt Building.

Sincerely,
Todd A. Bedenbaugh
PP&L Committee Chair

January 3, 2008
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Chairman Leach:

On behalf of the Greater Sumter Chamber of Commerce, the Members and attaches of the House of Representatives are invited to a

Sincerely,
Nicole F. Norris
Past Chair and Legislative Event Coordinator

January 3, 2008
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Chairman Leach:

On behalf of the SC Aviation Association, the Members of the House of Representatives are invited to a breakfast. This event will be held on Thursday, April 3, 2008, from 8:00 a.m. until 10:00 a.m. in Room 112 of the Blatt Building.

Sincerely,
Katie English
Administrative Manager

January 3, 2008
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Chairman Leach:

On behalf of the State Farm Insurance Companies, the Members and attaches of the House of Representatives are invited to a luncheon. This event will be held on Tuesday, April 8, 2008, from 12:30 p.m. until 2:00 p.m. on the State House Grounds.

Sincerely,
Bruce White
State Farm Insurance Companies
Public Affairs/Marketing Department

Dear Chairman Leach:

On behalf of the Citadel Alumni Association, the Members of the House of Representatives and two guests are invited to a barbecue. This event will be held on Tuesday, April 8, 2008, beginning at 6:30 p.m. in the Cantey Building at the State Fairgrounds. Tickets will be provided.

Sincerely,
Michael F. Rogers
Executive Director

January 3, 2008
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Chairman Leach:

On behalf of the SC State Chapter of Zeta Phi Beta Sorority, Inc., the Members and attaches of the House of Representatives are invited to a breakfast. This event will be held on Wednesday, April 9, 2008, from 8:00 a.m. until 10:00 a.m. in Room 112 of the Blatt Building.

Sincerely,
Yvonne Jefferson Barnes, Ed.D., Ph.D.
Chairperson, Social Action Committee

January 3, 2008
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

On behalf of the SC Coroner's Association, the Members of the House of Representatives are invited to a breakfast. This event will be held on Wednesday, April 9, 2008, from 8:00 a.m. until 10:00 a.m. on the State House Grounds.

Sincerely,
Tim Carlton
President

January 3, 2008
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Chairman Leach:

On behalf of Omega Psi Phi Fraternity, Inc., of the Sixth District, the Members and attaches of the House of Representatives are invited to a luncheon. This event will be held on Wednesday, April 9, 2008, upon adjournment in Room 112 of the Blatt Building.

Sincerely,
Rep. Floyd Breeland

January 3, 2008
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Chairman Leach:

On behalf of the Congressional Sportsmen's Foundation, the Members and attaches of the House of Representatives are invited to a reception. This event will be held on Wednesday, April 9, 2008, from 6:00 p.m. until 8:00 p.m. at The Coop.

Sincerely,
Rep. Michael A. Pitts

Dear Chairman Leach:

On behalf of the College of Charleston Board of Trustees, the Members and attaches of the House of Representatives are invited to a reception. This event will be held on Wednesday, April 9, 2008, from 6:00 p.m. until 8:00 p.m. at the Clarion Town House Hotel.

Sincerely,
Elizabeth W. Kassebaum
Secretary to the Board of Trustees and Vice President for College Projects

January 3, 2008
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Chairman Leach:

On behalf of the SC Home Educators' Association, the Members of the House of Representatives are invited to a breakfast. This event will be held on Thursday, April 10, 2008, from 8:00 a.m. until 10:00 a.m. in Room 112 of the Blatt Building.

Sincerely,
Greta Clinton
Board Member

January 3, 2008
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

On behalf of FilmSC and the Media Arts Program in the Department of Art at USC, the Members and attaches of the House of Representatives are invited to a reception and viewing of "Hollywood Comes to SC". This event will be held on Tuesday, April 15, 2008, from 6:00 p.m. until 8:00 p.m. at the SC State Museum.

Sincerely,
Martin Bluford
President, FilmSC

January 3, 2008
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Chairman Leach:

On behalf of the Adult Education Division of the SC Assoc. of School Administrators, the Members of the House of Representatives are invited to a breakfast. This event will be held on Wednesday, April 16, 2008, from 8:00 a.m. until 10:00 a.m. in Room 112 of the Blatt Building.

Sincerely,
Molly M. Spearman
Executive Director

January 3, 2008
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Chairman Leach:

On behalf of the Hospitality Assoc. of SC, the Members and attaches of the House of Representatives are invited to "A Taste of South Carolina" luncheon. This event will be held on Wednesday, April 16, 2008, from 12:00 noon until 2:00 p.m. on the State House Grounds. Name badges will be provided for admittance.

January 3, 2008
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Chairman Leach:

On behalf of the Spartanburg Area Chamber of Commerce, the Members and attaches of the House of Representatives are invited to a reception. This event will be held on Wednesday, April 16, 2008, from 6:00 p.m. until 7:30 p.m. at the Clarion Town House Hotel.

Sincerely,
Sunnie Harmon
Government Relations Manager

January 3, 2008
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Chairman Leach:

On behalf of the SC World Trade Center, the Members and attaches of the House of Representatives are invited to a reception. This event will be held on Wednesday, April 16, 2008, beginning at 6:00 p.m. at the Capital City Club.

Sincerely,
Belinda G. Davis
Executive Director

January 3, 2008
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

On behalf of Piedmont Natural Gas, the Members and attaches of the House of Representatives are invited to a breakfast. This event will be held on Thursday, April 17, 2008, from 8:00 a.m. until 10:00 a.m. in Room 112 of the Blatt Building.

Sincerely,
Hank McCullough
Community Relations Manager

January 3, 2008
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Chairman Leach:

On behalf of Beach Music Assoc. International, the Members and attaches of the House of Representatives are invited to a Beach Music Reception. This event will be held on Tuesday, April 22, 2008, from 6:00 p.m. until 10:00 p.m. at the Clarion Town House Hotel.

Sincerely,
Harry Turner
President

January 3, 2008
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Chairman Leach:

On behalf of the SC Pain Initiative, the Members and attaches of the House of Representatives are invited to a breakfast. This event will be held on Wednesday, April 23, 2008, from 8:00 a.m. until 10:00 a.m. in Room 112 of the Blatt Building.

Sincerely,
Shannon Johnson, MSW, MPH
SCPI Coordinator

Dear Chairman Leach:

On behalf of the SC School Boards Assoc., the Members of the House of Representatives are invited to a luncheon. This event will be held on Wednesday, April 23, 2008, beginning at 1:00 p.m. at the Columbia Convention Center.

Sincerely,
Dr. Paul Krohne
Executive Director

January 3, 2008
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Chairman Leach:

On behalf of the SC Junior Golf Foundation, the Members and attaches of the House of Representatives are invited to a reception. This event will be held on Wednesday, April 23, 2008, from 6:00 p.m. until 8:00 p.m. at The Blue Marlin.

Sincerely,
Caroline Sheron

January 3, 2008
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Chairman Leach:

On behalf of the Principal Divisions of the SC Assoc. of School Administrators, the Members of the House of Representatives are invited to a breakfast. This event will be held on Thursday, April 24,

Sincerely,
Molly Spearman
Executive Director

January 3, 2008
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Chairman Leach:

On behalf of the Conservation Community, the Members of the House of Representatives are invited to an Oyster Roast. This event will be held on Tuesday, April 29, 2008, from 6:00 p.m. until 9:00 p.m. at the Siebel's House.

Sincerely,
Christie McGregor
Legislative Director
SC Coastal Conservation League

January 3, 2008
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Chairman Leach:

On behalf of the Carolinas Ready Mixed Concrete Assoc., the Members and attaches of the House of Representatives are invited to a reception. This event will be held on Tuesday, April 29, 2008, from 6:00 p.m. until 8:00 p.m. at the Clarion Town House Hotel.

Sincerely,
William L. Arent, P.E.
Executive Vice President

Dear Chairman Leach:

On behalf of the Mid-Atlantic Chapter of the National Multiple Sclerosis Society, the Members and attaches of the House of Representatives are invited to a breakfast. This event will be held on Wednesday, April 30, 2008, from 8:00 a.m. until 10:00 a.m. in Room 112 of the Blatt Building.

Sincerely,
Angela Jacildone
Advocacy Coordinator

January 3, 2008
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Chairman Leach:

On behalf of the York County Regional Chamber of Commerce, the Members and attaches of the House of Representatives are invited to a reception. This event will be held on Wednesday, April 30, 2008, from 6:00 p.m. until 8:00 p.m. at the Clarion Town House Hotel.

Sincerely,
Chris Hardy
Vice President

Document No. 3154
Agency: Department of Health and Environmental Control
Statutory Authority: 1976 Code Sections 44-1-140(11), 44-1-150, and 48-1-10 to 48-1-350
Individual Sewage Treatment and Disposal Systems

The following was introduced:

H. 4787 (Word version) -- Rep. Herbkersman: A HOUSE RESOLUTION TO RECOGNIZE AND COMMEND THE BLUFFTON HIGH SCHOOL GIRLS VOLLEYBALL TEAM FOR A WINNING SEASON, AND TO CONGRATULATE THE PLAYERS AND COACHES FOR CAPTURING THE 2007 CLASS AAA STATE CHAMPIONSHIP TITLE.

The Resolution was adopted.

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

H. 4788 (Word version) -- Rep. Herbkersman: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE BLUFFTON HIGH SCHOOL GIRLS VOLLEYBALL TEAM, COACHES, AND SCHOOL OFFICIALS, AT A DATE AND TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF BEING RECOGNIZED AND COMMENDED FOR CAPTURING THE 2007 CLASS AAA STATE CHAMPIONSHIP TITLE.

Be it resolved by the House of Representatives:

That the privilege of the floor of the South Carolina House of Representatives be extended to the Bluffton High School girls volleyball team, coaches, and school officials, at a date and time to be determined by the Speaker, for the purpose of being recognized and

The Resolution was adopted.

The following was introduced:

H. 4789 (Word version) -- Reps. Cobb-Hunter, Agnew, Alexander, Allen, Anderson, Anthony, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bingham, Bowen, Bowers, Brady, Branham, Brantley, Breeland, G. Brown, R. Brown, Cato, Chalk, Clemmons, Clyburn, Coleman, Cooper, Cotty, Crawford, Dantzler, Davenport, Delleney, Duncan, Edge, Erickson, Frye, Funderburk, Gambrell, Govan, Gullick, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Hart, Harvin, Haskins, Hayes, Herbkersman, Hiott, Hodges, Hosey, Howard, Huggins, Hutson, Jefferson, Jennings, Kelly, Kennedy, Kirsh, Knight, Leach, Limehouse, Littlejohn, Loftis, Lowe, Lucas, Mack, Mahaffey, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, Moss, Mulvaney, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rice, Rutherford, Sandifer, Scarborough, Scott, Sellers, Shoopman, Simrill, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Spires, Stavrinakis, Stewart, Talley, Taylor, Thompson, Toole, Umphlett, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Williams, Witherspoon and Young: A HOUSE RESOLUTION TO RECOGNIZE AND COMMEND THE LIFE AND WORK OF SOUTH CAROLINA NATIVE SYLVIA WOODS, AND TO CONGRATULATE HER ON HER INTERNATIONAL SUCCESS THAT GREW FROM THE COURAGEOUS AND HUMBLE BEGINNINGS OF THE NOW FAMOUS SYLVIA'S RESTAURANT IN HARLEM, NEW YORK.

The Resolution was adopted.

The following was introduced:

H. 4790 (Word version) -- Reps. Cobb-Hunter, Agnew, Alexander, Allen, Anderson, Anthony, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bingham, Bowen, Bowers, Brady, Branham, Brantley, Breeland,

The Resolution was adopted.

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

H. 4791 (Word version) -- Reps. Cobb-Hunter, Agnew, Alexander, Allen, Anderson, Anthony, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bingham, Bowen, Bowers, Brady, Branham, Brantley, Breeland, G. Brown, R. Brown, Cato, Chalk, Clemmons, Clyburn, Coleman, Cooper, Cotty, Crawford, Dantzler, Davenport, Delleney, Duncan, Edge, Erickson, Frye, Funderburk, Gambrell, Govan, Gullick, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Hart, Harvin, Haskins, Hayes, Herbkersman, Hiott, Hodges, Hosey, Howard, Huggins, Hutson, Jefferson, Jennings, Kelly, Kennedy, Kirsh, Knight, Leach, Limehouse, Littlejohn, Loftis, Lowe, Lucas, Mack, Mahaffey, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, Moss, Mulvaney, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry,

Be it resolved by the House of Representatives:

That the privilege of the floor of the South Carolina House of Representatives be extended to the Holly Hill Academy football team, coaches, and school officials, at a date and time to be determined by the Speaker, for the purpose of recognizing and commending them on their outstanding season and for capturing the 2007 South Carolina Independent School Athletic Association 8-Man State Championship title.

The Resolution was adopted.

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

H. 4792 (Word version) -- Reps. Cobb-Hunter, Agnew, Alexander, Allen, Anderson, Anthony, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bingham, Bowen, Bowers, Brady, Branham, Brantley, Breeland, G. Brown, R. Brown, Cato, Chalk, Clemmons, Clyburn, Coleman, Cooper, Cotty, Crawford, Dantzler, Davenport, Delleney, Duncan, Edge, Erickson, Frye, Funderburk, Gambrell, Govan, Gullick, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Hart, Harvin, Haskins, Hayes, Herbkersman, Hiott, Hodges, Hosey, Howard, Huggins, Hutson, Jefferson, Jennings, Kelly, Kennedy, Kirsh, Knight, Leach,

Be it resolved by the House of Representatives:

That the privilege of the floor of the South Carolina House of Representatives be extended to the Holly Hill Academy girls volleyball team, coaches, and school officials, at a date and time to be determined by the Speaker, for the purpose of being recognized and commended for capturing the 2007 SCISA Class AA State Championship title.

The Resolution was adopted.

The following was introduced:

H. 4793 (Word version) -- Reps. Cobb-Hunter, Agnew, Alexander, Allen, Anderson, Anthony, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bingham, Bowen, Bowers, Brady, Branham, Brantley, Breeland, G. Brown, R. Brown, Cato, Chalk, Clemmons, Clyburn, Coleman, Cooper, Cotty, Crawford, Dantzler, Davenport, Delleney, Duncan, Edge, Erickson, Frye, Funderburk, Gambrell, Govan, Gullick, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Hart, Harvin, Haskins, Hayes, Herbkersman, Hiott, Hodges, Hosey, Howard, Huggins, Hutson, Jefferson, Jennings, Kelly, Kennedy, Kirsh, Knight, Leach, Limehouse, Littlejohn, Loftis, Lowe, Lucas, Mack, Mahaffey, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, Moss,

The Resolution was adopted.

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

H. 4794 (Word version) -- Reps. W. D. Smith and Mitchell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-63-105 SO AS TO REQUIRE THE SOUTH CAROLINA HIGH SCHOOL LEAGUE OR ANY OTHER ORGANIZATION WHICH GOVERNS HIGH SCHOOL ATHLETIC COMPETITION TO PROVIDE OR CAUSE TO BE PROVIDED VIDEO EQUIPMENT AT BASKETBALL AND FOOTBALL PLAYOFF OR CHAMPIONSHIP GAME LOCATIONS CAPABLE OF REPLAYING PORTIONS OF GAMES FOR THE PURPOSE OF REVIEWING AND ASSISTING REFEREES IN MAKING CALLS DURING THESE CONTESTS.
Referred to Committee on Education and Public Works

S. 979 (Word version) -- Senators Anderson, Ford, Matthews, Land, Malloy, Reese, Pinckney, Scott, Patterson, Hutto, Short, Williams, Jackson, Grooms, Elliott, McGill, Drummond, Bryant and Hawkins: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 24-21-1010 SO AS TO PROVIDE THAT CERTAIN PERSONS WHO RECEIVE A PARDON FOR THE CONVICTION OF A CRIME MAY PETITION THE COURT OF APPEALS TO RECOVER THE MONETARY VALUE OF THE

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

Allen                  Anderson               Anthony
Bales                  Ballentine             Bannister
Barfield               Bedingfield            Bingham
Bowen                  Bowers                 Brady
Branham                Brantley               Breeland
G. Brown               R. Brown               Cato
Chalk                  Clemmons               Clyburn
Cobb-Hunter            Cooper                 Crawford
Dantzler               Delleney               Edge
Erickson               Frye                   Gambrell
Gullick                Hagood                 Haley
Hamilton               Hardwick               Harrell
Harrison               Hart                   Haskins
Hayes                  Herbkersman            Hosey
Howard                 Huggins                Hutson
Jefferson              Jennings               Kelly
Kennedy                Kirsh                  Knight
Leach                  Limehouse              Littlejohn
Lowe                   Lucas                  Mahaffey
McLeod                 Merrill                Mitchell
Moss                   Mulvaney               J. H. Neal
J. M. Neal             Neilson                Ott
Owens                  Parks                  Perry
Phillips               E. H. Pitts            M. A. Pitts
Rice                   Rutherford             Sandifer
Scarborough            Scott                  Sellers
Shoopman               Simrill                Skelton
D. C. Smith            G. M. Smith            G. R. Smith
J. R. Smith            W. D. Smith            Spires
Stavrinakis            Stewart                Talley
Taylor                 Thompson               Toole
Umphlett               Walker                 Weeks
White                  Whitmire               Williams
Witherspoon            Young

I came in after the roll call and was present for the Session on Tuesday, March 4.

Paul Agnew                        Lewis E. Pinson
Dwight Loftis                     Terry Alexander
Ralph Davenport                   Fletcher Smith
Laurie Funderburk                 Bill Cotty
Thad Viers                        Jerry Govan
Vida Miller                       Jackson "Seth" Whipper
David Mack

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

The SPEAKER granted Rep. MOODY-LAWRENCE a leave of absence for the day.

The SPEAKER granted Rep. HODGES a leave of absence for today and tomorrow due to legislative business.

The SPEAKER granted Rep. DUNCAN a leave of absence for the day due to legislative business.

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

Announcement was made that Dr. Gary A. Goforth of Greenwood was 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

Bill Number:   H. 3395 (Word version)
Date:   ADD:
03/04/08   STAVRINAKIS

Bill Number:   H. 3395 (Word version)
Date:   ADD:
03/04/08   SANDIFER

Bill Number:   H. 4334 (Word version)
Date:   ADD:
03/04/08   KNIGHT

Bill Number:   H. 4685 (Word version)
Date:   ADD:
03/04/08   G. BROWN

Bill Number:   H. 4757 (Word version)
Date:   REMOVE:
03/04/08   BRANTLEY

Rep. COOPER moved to adjourn debate upon the following Bill until Tuesday, March 11, which was adopted:

H. 4520 (Word version) -- Reps. Cooper, Harrell, Cobb-Hunter, Walker, Perry, Battle, Skelton, Thompson, Alexander, Ballentine, Edge, Harrison,

Rep. HARRISON moved to adjourn debate upon the following Joint Resolution until Wednesday, March 5, which was adopted:

H. 4620 (Word version) -- Reps. Harrell, Harrison, Cato, Hagood, Howard, W. D. Smith, Walker, White, Stavrinakis, Bedingfield, G. R. Smith and Hart: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 7, ARTICLE VI, CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE CONSTITUTIONAL OFFICERS OF THIS STATE, SO AS TO DELETE THE ADJUTANT GENERAL, COMMISSIONER OF AGRICULTURE, SECRETARY OF STATE, AND SUPERINTENDENT OF EDUCATION FROM THE LIST OF STATE OFFICERS WHICH THE CONSTITUTION REQUIRES TO BE ELECTED AND PROVIDE THAT UPON THE EXPIRATION OF THE TERMS OF THESE OFFICERS SERVING IN OFFICE ON THE DATE OF THE RATIFICATION OF THIS PROVISION, THEY MUST BE APPOINTED BY THE GOVERNOR, UPON THE ADVICE AND CONSENT OF THE GENERAL ASSEMBLY, TO SERVE AT HIS PLEASURE AND TO BE REMOVABLE BY HIM FOR ANY REASON; PROPOSING AN AMENDMENT TO SECTION 4, ARTICLE XIII, RELATING TO THE ADJUTANT GENERAL AND HIS STAFF OFFICERS, SO AS TO UPDATE REFERENCES TO HIS TITLE AND MILITARY RANK, AND TO PROVIDE THAT UPON THE EXPIRATION OF THE TERM OF THE ADJUTANT GENERAL SERVING IN OFFICE ON THE DATE OF THE RATIFICATION OF THIS PROVISION, HE MUST BE APPOINTED BY THE GOVERNOR IN THE MANNER REQUIRED BY SECTION 7, ARTICLE VI; AND PROPOSING AN AMENDMENT TO SECTION 1, ARTICLE XI, RELATING TO THE STATE BOARD OF EDUCATION, SO AS TO ABOLISH THE BOARD EFFECTIVE UPON THE STATE

The following Bill was taken up:

S. 668 (Word version) -- Senator Alexander: A BILL TO AMEND SECTION 40-11-360, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM THE APPLICATION OF CHAPTER 11, TITLE 40 (CONTRACTORS LICENSING ACT), SO AS TO EXEMPT A PROJECT IF IT IS A METAL FARM BUILDING LESS THAN FIVE THOUSAND SQUARE FEET USED ONLY FOR LIVESTOCK OR STORAGE.

The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\DKA\ 812DW08), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION   1.   Section 40-11-360(A)(7) of the 1976 Code is amended to read:

"(7)   An owner constructing a portable storage building or a metal or wood-framed farm structure building with less than five thousand square feet of floor space and not used for human habitation or office facilities used only for livestock or storage;"
SECTION   2.   Section 40-11-360(B)(4) of the 1976 Code is amended to read:

"(4)   The project is a an owner-constructed portable storage building, or an owner-constructed metal or wood-framed farm building less than five thousand square feet used solely only for livestock or storage."
SECTION   3.   This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.

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

Rep. TOOLE proposed the following Amendment No. 2 (Doc Name COUNCIL\DT\27110BB08), which was adopted:

"(7)   An owner constructing a wood-framed farm structure building with less than five thousand square feet of floor space and not used for human habitation or office facilities used only for livestock or storage;"
SECTION   2.   Section 40-11-360(B)(4) of the 1976 Code is amended to read:

"(4)   The project is a wood-framed farm building less than five thousand square feet used solely only for livestock or storage."
SECTION   3.   This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.

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

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

Further proceedings were interrupted by the Joint Assembly.

At 12:30 p.m. the Senate appeared in the Hall of the House. The President of the Senate called the Joint Assembly to order and announced that it had convened under the terms of a Concurrent Resolution adopted by both Houses.

The Reading Clerk of the House read the following Concurrent Resolution:

H. 4427 (Word version) -- Rep. Leach: A CONCURRENT RESOLUTION TO INVITE THE NATIONAL COMMANDER OF THE AMERICAN LEGION, THE HONORABLE MARTIN "MARTY" F. CONASTER, TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION IN THE CHAMBER OF THE SOUTH CAROLINA HOUSE OF

The Honorable Martin "Marty" F. Conaster and distinguished party were escorted to the rostrum by Senators Anderson, Campbell, Massey, Hayes, Cromer and Elliott and Representatives HUTSON, MCLEOD, BEDINGFIELD, HARRISON, ERICKSON and BRANTLEY.

The Lieutenant Governor recognized our special guests and then introduced Mr. Martin "Marty" F. Conaster, the National Commander of the American Legion who gave the following remarks:

Greetings. Lt. Governor Bauer, I thank you for that wonderful introduction. I do appreciate your kind words.
I'm glad to be here and I thank you for the opportunity to speak to you today. Before I begin, let me take a moment to introduce members of The American Legion family who are with me today: the Commander of The American Legion Department of South Carolina, John D. Dellinger, from Rock Hill, South Carolina; the National Executive Committeeman for The American Legion Department of South Carolina, Billy Bell of Camden, South Carolina; the Adjutant of The American Legion Department of South Carolina, Jimmy Hawk of Irmo, South Carolina; the President of the American Legion Auxiliary Department of South Carolina, Dot Tunstall of Lexington, South Carolina; the Secretary of The American Legion, Auxiliary Department of South Carolina, Bobbie Sinner of Sumter, South Carolina; and the Commander of the Sons of The American Legion Detachment of South Carolina, Andrew Hornbuckle of Murrells Inlet, South Carolina.
On behalf of the 2.7 million Legionnaires around the world and more than 200 Legion Posts throughout the State of South Carolina, I want to thank each of you for what you do for our men and women who serve in our armed forces. And I would like to thank the 413,500 natives of the Palmetto State who have served our country honorably.
The men and women of this distinguished body can be proud of the service it has been providing to veterans of this great State. On December 14, the M. J. "Dolly" Cooper Veterans Cemetery began its operation. This beautiful cemetery, located in Anderson, is a result of the collaboration between the State, VA, and the Memorial Affairs Department. The American Legion is grateful to all who helped make this happen.

Upon conclusion of his address, the National Commander and his escort party retired from the Chamber.

The purposes of the Joint Assembly having been accomplished, the PRESIDENT announced that under the terms of the Concurrent Resolution the Joint Assembly would recede from business.
The Senate accordingly retired to its Chamber.

At 12:55 p.m. the House resumed, the SPEAKER in the Chair.

The following Bill was taken up:

H. 4594 (Word version) -- Reps. Sandifer, Cato, Huggins, McLeod, Toole, Walker, R. Brown and Whipper: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-59-35 SO AS TO PROHIBIT A PERSON FROM ENGAGING IN THE BUSINESS OF RESIDENTIAL HEATING AND AIR CONDITIONING CONTRACTING UNLESS LICENSED AS A RESIDENTIAL SPECIALTY CONTRACTOR AND TO PROVIDE EXCEPTIONS; TO PROHIBIT PROVIDING A POTENTIAL BUYER A PROPOSAL FOR SALE OR INSTALLATION OF RESIDENTIAL HEATING AND AIR CONDITIONING, OTHER THAN A WRITTEN ESTIMATE, BEFORE THE SPECIFICATIONS FOR THE SYSTEM HAVE BEEN REVIEWED AND APPROVED BY A LICENSED EMPLOYEE OF THE RETAIL SELLER, OR THE RETAIL SELLER; TO FURTHER SPECIFY CONTRACT REQUIREMENTS FOR THE SALE AND INSTALLATION OF A HEATING AND AIR CONDITIONING SYSTEM; AND TO AUTHORIZE THE DEPARTMENT OF LABOR, LICENSING AND

Rep. HUGGINS explained the Bill.

Reps. SIMRILL, MULVANEY, SCOTT, LOFTIS, SHOOPMAN, CATO, HUGGINS, LEACH, HAMILTON, PERRY, G. R. SMITH, D. C. SMITH, MAHAFFEY, KIRSH, CRAWFORD, BANNISTER, J. R. SMITH, LITTLEJOHN, YOUNG, ANDERSON, HART, HOSEY, FRYE, PARKS, SANDIFER, WHITMIRE, JEFFERSON and WILLIAMS requested debate on the Bill.

The following Bill was taken up:

H. 4350 (Word version) -- Rep. Chalk: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 29-5-26 SO AS TO DEFINE THE TERM "LANDSCAPE SERVICE" AND TO PROVIDE THAT A PERSON WHO PROVIDES A LANDSCAPE SERVICE ON A PARCEL OR REAL ESTATE BY VIRTUE OF AN AGREEMENT WITH THE OWNER OF THE REAL ESTATE, AND TO WHOM A DEBT IS DUE FOR HIS PERFORMANCE OF THE LANDSCAPING SERVICE, HAS A MECHANICS' LIEN ON THE REAL ESTATE TO SECURE PAYMENT OF DEBT DUE TO HIM.

The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GGS\ 22053AB08), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/   SECTION   1.   Chapter 5, Title 29 of the 1976 Code is amended by adding:

"Section 29-5-26.   (A)   A person who provides a landscape service on a parcel or real estate by virtue of an agreement with the owner of the real estate, and to whom a debt is due for his performance of the landscaping service, has a mechanics' lien on the real estate to secure payment of debt due to him as provided by Section 29-5-10 and Section 29-5-20. The lien is on the land and a building, structure, or other improvement on the land.

(B)   As used in this chapter, a landscape service includes:

(1)   land clearing, grading, filling, plant removal, natural obstruction removal, or other preparation of land;

(2)   the installation of a landscaping item including plant material, mulch, paving, walkway, swimming pool, fountain, retaining wall, bulkhead, deck, patio, lightscaping system, irrigation system, drainage structure, drainage system, underground utility, or other feature incidental and necessary to a landscape plan and or site design;

(3)   or both.
A landscaping service does not depend on whether the service is related to the construction, erection, alteration, or repair of a building or other structure."
SECTION   2.   This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.

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

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

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

H. 4065 (Word version) -- Rep. Harrison: A BILL TO AMEND SECTION 62-1-302, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO JURISDICTION OF THE PROBATE COURT, SO AS TO ADD THE WORD "GENERAL" BEFORE "PERSONAL REPRESENTATIVES" IN CONNECTION WITH FORMAL PROCEEDINGS FOR THEIR APPOINTMENT.

Rep. TALLEY explained the Bill.

S. 1005 (Word version) -- Senators Lourie, Scott, Courson, Jackson, Fair, Malloy, Anderson, Campbell, Hutto, Massey, Matthews, Ritchie and Knotts: A BILL TO AMEND SECTION 44-43-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AGE RESTRICTIONS FOR BLOOD DONORS, SO AS TO PROVIDE A PERSON SIXTEEN YEARS OF AGE MAY DONATE BLOOD WITH THE CONSENT OF HIS PARENT OR GUARDIAN.

S. 1109 (Word version) -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BUDGET AND CONTROL BOARD, RELATING TO DATA REPORTING REQUIREMENTS PERTAINING TO SOUTH CAROLINA HOSPITALS, DESIGNATED AS REGULATION DOCUMENT NUMBER 3179, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. HART explained the Joint Resolution.

H. 3906 (Word version) -- Reps. Witherspoon and Moss: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-15-125 SO AS TO REQUIRE A DENTAL LABORATORY THAT PERFORMS DENTAL TECHNOLOGICAL WORK OUTSIDE OF THIS STATE TO EMPLOY A PERSON WHO IS REGISTERED BY THE STATE BOARD OF DENTISTRY TO AUTHORIZE SUCH WORK BASED ON THE PRESCRIPTION OF A DENTIST LICENSED IN THIS STATE, TO REQUIRE THE LABORATORY TO PROVIDE INFORMATION CONCERNING THE LOCATION IN WHICH THE WORK WAS PERFORMED, AND TO REQUIRE THE LABORATORY TO PROVIDE A LIST OF THE MATERIALS USED IN THE WORK; AND TO AMEND SECTION 40-15-280, RELATING TO WORK AUTHORIZATIONS FOR DENTAL TECHNOLOGICAL WORK, SO AS TO REQUIRE THE INVOICE FOR A PRESCRIPTION TO INCLUDE THE CERTIFICATE NUMBER OF THE PERSON EMPLOYED BY THE LABORATORY WHICH IS TO PERFORM THE WORK.

Rep. PARKS explained the Bill.

The following Bill was taken up:

H. 4345 (Word version) -- Reps. W. D. Smith and Harrison: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-60-515 SO AS TO PROVIDE THAT UNDER THE STATE REVENUE APPEALS PROCEDURE, A TAXPAYER IS CONSIDERED TO HAVE EXHAUSTED HIS PREHEARING REMEDY WHEN THE DEPARTMENT OF REVENUE FAILS TO

Rep. HARRISON explained the Bill.

The question then recurred to the passage of the Bill.

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

Those who voted in the affirmative are:

Alexander              Allen                  Anderson
Anthony                Bales                  Ballentine
Bannister              Barfield               Bedingfield
Bingham                Bowen                  Brady
Branham                Breeland               G. Brown
R. Brown               Cato                   Clemmons
Clyburn                Cobb-Hunter            Cooper
Cotty                  Crawford               Dantzler
Davenport              Delleney               Frye
Funderburk             Gambrell               Gullick
Hagood                 Haley                  Hamilton
Hardwick               Harrell                Harrison
Hart                   Haskins                Hayes
Hosey                  Howard                 Huggins
Hutson                 Jefferson              Kelly

Kirsh                  Knight                 Leach
Limehouse              Littlejohn             Loftis
Lowe                   Mahaffey               McLeod
Merrill                Mitchell               Moss
Mulvaney               J. H. Neal             J. M. Neal
Neilson                Ott                    Owens
Parks                  Perry                  Pinson
E. H. Pitts            M. A. Pitts            Rice
Sandifer               Scarborough            Scott
Sellers                Shoopman               Simrill
Skelton                D. C. Smith            F. N. Smith
G. M. Smith            G. R. Smith            J. R. Smith
Spires                 Stavrinakis            Talley
Taylor                 Thompson               Toole
Umphlett               Viers                  Walker
White                  Whitmire               Williams
Witherspoon            Young

Those who voted in the negative are:

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

Rep. HAGOOD moved to adjourn debate upon the following Joint Resolution until Wednesday, March 5, which was adopted:

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

Rep. G. M. SMITH moved to adjourn debate upon the following Bill until Wednesday, March 5, which was adopted:

S. 110 (Word version) -- Senators Thomas, Elliott, Knotts and Ford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY DESIGNATING THE EXISTING SECTIONS OF CHAPTER 22, TITLE 17 AS ARTICLE 1 AND BY ADDING ARTICLE 3 SO AS TO ENACT THE "UNIFORM EXPUNGEMENT OF CRIMINAL RECORDS ACT", TO PROVIDE A PROCEDURE WHICH MUST BE FOLLOWED REGARDING APPLICATIONS FOR EXPUNGEMENT OF ALL CRIMINAL RECORDS, AND TO AUTHORIZE EACH SOLICITOR'S OFFICE IN THE STATE TO ADMINISTER THE PROCEDURE.

The following Bill was taken up:

H. 3912 (Word version) -- Rep. White: A BILL TO AMEND SECTION 40-47-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT TO BE LICENSED TO PRACTICE MEDICINE AND TO SPECIFY WHAT IS NOT TO BE CONSTRUED AS PRACTICING MEDICINE, SO AS TO CLARIFY THAT A PHYSICIAN MAY DELEGATE CERTAIN TASKS TO AN UNLICENSED PERSON IF THE PHYSICIAN IS IMMEDIATELY AVAILABLE AND TO PROVIDE THAT A PHYSICIAN IS NOT PROHIBITED FROM PRACTICING IN CONSULTATION WITH A SOUTH CAROLINA PHYSICIAN CONCERNING AN OPINION FOR THE SOUTH CAROLINA PHYSICIAN IN MANAGING THE CASE AND TREATMENT OF A PATIENT IN THIS STATE; TO AMEND SECTION 40-47-32, RELATING TO REQUIREMENTS FOR LICENSURE TO PRACTICE MEDICINE, SO AS TO PROVIDE THAT A PHYSICIAN WHO GRADUATED FROM A SCHOOL OUTSIDE OF THE UNITED STATES OR CANADA AND WHO HAS BEEN LICENSED FOR FIVE YEARS, RATHER THAN TEN YEARS, IN ANOTHER STATE, THE PHYSICIAN IS ONLY REQUIRED TO DOCUMENT ONE YEAR OF POST GRADUATE RESIDENCY TRAINING AND TO REVISE THE TIME WITHIN WHICH CERTAIN SPECIALTY EDUCATION REQUIREMENTS MUST BE UNDERTAKEN IN ORDER TO BE SUBSTITUTED FOR REQUIRED EXAMINATIONS; AND TO AMEND SECTION 40-47-

Reps. WHITE, SKELTON, COBB-HUNTER, HART, PARKS, J. H. NEAL, SELLERS, RUTHERFORD, TAYLOR, WHITMIRE, SANDIFER, GAMBRELL, THOMPSON, BRADY, HAYES, HOSEY, CLYBURN, MULVANEY, UMPHLETT, G. BROWN, R. BROWN, ANDERSON, OWENS, LIMEHOUSE, BEDINGFIELD, MAHAFFEY, SHOOPMAN, LEACH, BREELAND, GULLICK, HUTSON, LOWE, CRAWFORD, ALEXANDER, G. R. SMITH and GOVAN requested debate on the Bill.

The following Bill was taken up:

H. 4334 (Word version) -- Reps. J. M. Neal, Harrell, Clyburn, Haskins, Hosey, Cotty, Toole, Mahaffey, Moss, Mulvaney and Knight: A BILL TO AMEND SECTION 44-61-80, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REQUIREMENTS TO BE CERTIFIED AS AN EMERGENCY MEDICAL TECHNICIAN, SO AS TO ALSO REQUIRE AN APPLICANT TO UNDERGO A CRIMINAL RECORDS CHECK FOR CERTIFICATION AND FOR RENEWAL OF CERTIFICATION.

Rep. JEFFERSON explained the Bill.

Further proceedings were interrupted by expiration of time on the uncontested Calendar, the pending question being consideration of the Bill, Rep. JEFFERSON having the floor.

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

The following was introduced:

H. 4795 (Word version) -- Rep. Breeland: A HOUSE RESOLUTION TO RECOGNIZE AND HONOR THE RIGHT REVEREND ZEDEKIAH LAZETT GRADY FOR HIS FAITHFUL SERVICE AS A MINISTER OF THE GOSPEL OF JESUS CHRIST, AND TO CONGRATULATE HIM UPON THE OCCASION OF HIS FIFTIETH ANNIVERSARY IN THE AFRICAN METHODIST EPISCOPAL CHURCH.

The Resolution was adopted.

The following was introduced:

H. 4796 (Word version) -- Rep. Gullick: A HOUSE RESOLUTION TO RECOGNIZE AND HONOR MATTHEW ALEXANDER OF YORK COUNTY FOR HIS ACCOMPLISHMENTS IN THE BOY SCOUTS OF AMERICA, AND TO CONGRATULATE HIM FOR EARNING THE EAGLE SCOUT AWARD, THE HIGHEST ACHIEVEMENT IN SCOUTING.

The Resolution was adopted.

The Senate sent to the House the following:

S. 1177 (Word version) -- Senators Knotts, Alexander, Anderson, Bryant, Campbell, Campsen, Ceips, Cleary, Courson, Cromer, Drummond, Elliott, Fair, Ford, Gregory, Grooms, Hawkins, Hayes, Hutto, Jackson, Land, Leatherman, Leventis, Lourie, Malloy, Martin, Massey, Matthews, McConnell, McGill, O'Dell, Patterson, Peeler, Pinckney, Rankin, Reese, Ritchie, Ryberg, Scott, Setzler, Sheheen, Short, Thomas, Vaughn, Verdin and Williams: A CONCURRENT RESOLUTION TO HONOR THE SEVENTEEN MEMBERS OF THE UNITED STATES ARMED SERVICES FROM SOUTH CAROLINA OR WITH TIES TO SOUTH CAROLINA WHO HAVE DIED IN THE WARS IN IRAQ AND AFGHANISTAN IN 2007, AND TO THANK

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

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

H. 4797 (Word version) -- Rep. Scarborough: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-1-180 SO AS TO PROHIBIT A MUNICIPALITY OR COUNTY FROM IMPOSING A FEE OR SEEKING REIMBURSEMENT OF COSTS OR EXPENSES INCURRED AS A RESULT OF RESPONDING TO A MOTOR VEHICLE ACCIDENT.
Referred to Committee on Ways and Means

H. 4798 (Word version) -- Reps. E. H. Pitts, Chalk, Gullick, Ballentine, Haley, Bowen, Huggins, Mulvaney, Toole and Bingham: A BILL TO AMEND SECTION 11-11-156, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MANNER IN WHICH THE SCHOOL DISTRICTS OF THE STATE RECEIVE REIMBURSEMENTS FROM THE HOMESTEAD EXEMPTION FUND, SO AS TO PROVIDE THAT FROM THE TOTAL TIER THREE REIMBURSEMENT INCREASES ATTRIBUTABLE TO POPULATION INCREASES, A SCHOOL DISTRICT MUST RECEIVE AN AMOUNT REFLECTING THE PROPORTION THAT THE POPULATION INCREASE OF THAT PARTICULAR SCHOOL DISTRICT IS OF STATEWIDE POPULATION GROWTH BUT NOT LESS THAN THE AMOUNT IT RECEIVED PURSUANT TO THIS CALCULATION FOR THE PRIOR YEAR.
Referred to Committee on Ways and Means

H. 4799 (Word version) -- Reps. Mitchell, F. N. Smith, Allen, Bowers, Hardwick, Hosey, Littlejohn, Mulvaney and W. D. Smith: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 14, ARTICLE X, AS AMENDED, OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO BONDED INDEBTEDNESS OF POLITICAL SUBDIVISIONS, SO AS TO PROVIDE THAT ADDED INCREMENTAL TAX REVENUES

H. 4800 -- 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, 2008, TO REGULATE THE EXPENDITURE OF SUCH FUNDS, AND TO FURTHER PROVIDE FOR THIS OPERATION OF STATE GOVERNMENT DURING THIS FISCAL YEAR AND FOR OTHER PURPOSES.
Without Reference

H. 4801 (Word version) -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 2007-2008.
Without Reference

H. 4802 (Word version) -- Reps. G. R. Smith, Haskins, Limehouse, J. R. Smith, Leach, Littlejohn, Mahaffey and Spires: A BILL TO AMEND SECTION 53-5-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LEGAL HOLIDAYS, SO AS TO ESTABLISH "CAROLINA DAY" ON JUNE TWENTY-EIGHTH AS A STATE HOLIDAY.
Referred to Committee on Invitations and Memorial Resolutions

Debate was resumed on the following Bill, the pending question being the consideration of the Bill, Rep. JEFFERSON having the floor:

H. 4334 (Word version) -- Reps. J. M. Neal, Harrell, Clyburn, Haskins, Hosey, Cotty, Toole, Mahaffey, Moss, Mulvaney and Knight: A BILL TO AMEND SECTION 44-61-80, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REQUIREMENTS TO

Rep. JEFFERSON continued speaking.

The Bill was read second time and ordered to third reading.

The following Bill was taken up:

H. 3803 (Word version) -- Reps. Haley and Kirsh: A BILL TO AMEND SECTION 40-13-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF THE PROFESSION OF COSMETOLOGY, SO AS TO DELETE REFERENCES TO CERTAIN PRACTICES THAT CONSTITUTE THE PRACTICE OF COSMETOLOGY.

The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GGS\22057AB08), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION   1.   Section 40-13-360 of the 1976 Code is amended to read:

"Section 40-13-360.   The following persons and activities are exempt from this chapter while engaged in the proper discharge of their professional duties:

(1)   manufacturers' representatives a manufacturer's representative or sales persons in retail outlets person who demonstrate products demonstrates a product or techniques technique for a promotional purposes purpose;

(2)   an educational activities activity conducted in connection with any a monthly, annual, or other special program from which the general public is excluded, provided. This this exemption applies only to the specific days of the special program; and

(3)   a demonstration conducted by manufacturers and wholesalers a manufacturer or a wholesaler for the purpose of exhibiting the technical application and use of products a product; and

(4)   an unlicensed person employed in a cosmetology salon whose duties are expressly confined to shampooing hair under the direct supervision of a cosmetologist."   /
SECTION   2.   This act takes effect upon approval by the Governor.
Renumber sections to conform.
Amend title to conform.

Rep. MAHAFFEY explained the amendment.
Rep. HALEY spoke in favor of the amendment.
The amendment was then adopted.

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

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

H. 4767 (Word version) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO STANDARDS FOR LICENSING NURSING HOMES, DESIGNATED AS REGULATION DOCUMENT NUMBER 3134, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. HART explained the Joint Resolution.

The following Joint Resolution was taken up:

H. 3395 (Word version) -- Reps. Funderburk, Toole, Stavrinakis and Sandifer: A JOINT RESOLUTION TO PROVIDE THAT THE SOUTH CAROLINA ENERGY OFFICE AND THE OFFICE OF REGULATORY STAFF SHALL PROVIDE A REPORT TO THE GENERAL ASSEMBLY NOT LATER THAN OCTOBER 1, 2007, THAT RECOMMENDS PROCESS AND PROCEDURES FOR ESTABLISHING NET METERING PROGRAMS AT ALL DISTRIBUTION ELECTRIC UTILITIES IN SOUTH CAROLINA, INCLUDING INVESTOR-OWNED ELECTRIC UTILITIES,

The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GJK\ 20564SD08), which was adopted:
Amend the joint resolution, as and if amended, by striking SECTION 2 and inserting:
/SECTION   2.   The South Carolina Energy Office and the Office of Regulatory Staff, not later than January 1, 2009, shall provide a report to the General Assembly that recommends process and procedures for establishing net metering programs at all distribution electric utilities in South Carolina, including investor-owned electric utilities and the South Carolina Public Service Authority. In order that this report may be as comprehensive as possible, the General Assembly requests that each electric cooperative and municipal-owned electric utility provide recommendations for process and procedures for establishing net metering programs to the South Carolina Energy Office and the Office of Regulatory Staff by December 1, 2008.

The report must consider net metering requirements of adjacent states, and make recommendations that facilitate interstate uniformity for utilities that serve both South Carolina and a neighboring state. The report also must consider requirements of the federal Energy Policy Act and make recommendations that are consistent with requirements of the federal Energy Policy Act. The report must also consider the need to facilitate consistency with Green Power electricity purchase programs operating in South Carolina.

In preparing the net metering report, the South Carolina Energy Office and the Office of Regulatory Staff shall consult with all affected electric utilities, the State Consumer Advocate, representatives of environmental interests, and the South Carolina Energy Advisory Committee.   /
Renumber sections to conform.
Amend title to conform.

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

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

The following Joint Resolution was taken up:

H. 4735 (Word version) -- Reps. Harrell, Cato, Funderburk, Loftis, Sandifer, Thompson, Owens and Harvin: A JOINT RESOLUTION TO DIRECT THE SOUTH CAROLINA EDUCATIONAL TELEVISION NETWORK TO MAKE ALL NECESSARY FILINGS WITH THE FEDERAL COMMUNICATIONS COMMISSION AS SOON AS PRACTICABLE, TO INDICATE AN INTENTION TO RETAIN LICENSES CURRENTLY OPERATED BY THE EDUCATIONAL TELEVISION NETWORK AND AN INTENTION TO FORM A PUBLIC/PRIVATE PARTNERSHIP TO COMPLETE THE NECESSARY TRANSITION FROM AN ANALOG TO DIGITAL SYSTEM, AND TO DIRECT THE STATE BUDGET AND CONTROL BOARD TO HIRE A NATIONALLY-RECOGNIZED TELECOMMUNICATIONS CONSULTANT TO ASSIST WITH THE DEVELOPMENT OF A REQUEST FOR PROPOSAL AND AN ANALYSIS OF VARIOUS BUSINESS MODELS FOR THE LEASING OF EXCESS CAPACITY ON THE SPECTRUM AND TO PROVIDE AN ESTIMATE OF THE VALUE OF LICENSES OPERATED BY THE EDUCATIONAL TELEVISION NETWORK.

The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\DT\27106BB08):
Amend the joint resolution, as and if amended, by striking all after the enacting clause and inserting:
/SECTION   1.   The Educational Television Network is directed to make all necessary filings with the Federal Communications Commission as soon as practicable to indicate an intention to retain licenses currently operated by the Educational Television Network and an intention to form a public/private partnership to complete the necessary transition from an analog to digital system. However, Educational Television Network may not sell, lease, or otherwise alienate or obligate telecommunications and information technology infrastructure of the State until provided for by the General Assembly.
SECTION   2.   The executive director of the State Budget and Control Board is directed to hire, using funds from approved accounts of the Department of Commerce, a nationally-recognized telecommunications consultant to provide an estimate of the value of licenses operated by the Educational Television Network, to analyze various business models for the leasing of excess capacity on the

Rep. SANDIFER explained the amendment.

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

The following Bill was taken up:

H. 4707 (Word version) -- Rep. Haskins: A BILL TO PROVIDE THAT GREENVILLE COUNTY PUBLIC SCHOOLS MUST PUBLISH NUTRITION INFORMATION FOR ALL FOOD SERVICE OPTIONS IN ANY DISSEMINATION OF INFORMATION THAT INCLUDES SCHOOL MENU OPTIONS.

Rep. F. N. SMITH explained the Bill.

Rep. RICE raised the Point of Order that the Bill was out of order in that the Bill had been improperly reported out of the Greenville County Delegation Committee.
SPEAKER HARRELL stated that the Point of Order came too late, as the Point should have been raised when the Bill had earlier been reported out of the Delegation and read across the desk. He therefore overruled the Point of Order.

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

On motion of Rep. SPIRES, with unanimous consent, the following Bill was ordered recalled from the Committee on Medical, Military, Public and Municipal Affairs and was referred to the Committee on Labor, Commerce and Industry:

H. 4786 (Word version) -- Reps. Spires, Lowe, Brantley, Huggins, Allen, Duncan, Frye, Haley, Jefferson, Leach, Littlejohn, Mitchell, Moss and D.C. Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 18 TO CHAPTER 71, TITLE 38 SO AS TO ENACT THE "PHARMACY PATIENT PROTECTION ACT", TO PROVIDE FOR THE LICENSURE AND REGISTRATION OF PHARMACY BENEFIT MANAGERS, PROVIDE FOR THE REQUIREMENTS OF A CERTIFICATE OF REGISTRATION, AND PROVIDE FOR THE CONDITIONS UNDER WHICH A PRESCRIPTION BENEFITS MANAGER SHALL OPERATE; TO REQUIRE CERTAIN FINANCIAL AND UTILIZATION INFORMATION BE MADE AVAILABLE FOR REVIEW; TO PROVIDE REQUIREMENTS FOR RECORD KEEPING; TO PROVIDE FOR PRICING GUIDELINES THAT MUST BE USED; TO PROVIDE THAT A PHARMACY BENEFITS MANAGER MAY NOT DISCRIMINATE WHEN CONTRACTING WITH PHARMACIES ON THE BASIS OF CO-PAYMENTS OR DAYS OF SUPPLY; AND TO AUTHORIZE THE DIRECTOR OF THE DEPARTMENT OF INSURANCE TO MAKE RULES AND PROMULGATE REGULATIONS TO IMPLEMENT THIS ARTICLE.

The Senate Amendments to the following Concurrent Resolution were taken up for consideration:

S. 795 (Word version) -- Senator Grooms: A CONCURRENT RESOLUTION REQUESTING THAT THE NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION (NOAA) RENAME SHUTES FOLLY REACH IN CHARLESTON HARBOR FOR THE LATE REAR ADMIRAL RICHARD E. BENNIS.

Rep. SCARBOROUGH explained the Senate Amendments.

The House refused to agree to the Senate Amendments and a message was ordered sent accordingly.

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

S. 360 (Word version) -- Senator Grooms: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 48-52-215 TO DEFINE "RENEWABLE ENERGY RESOURCES" FOR PURPOSES OF THE SOUTH CAROLINA ENERGY EFFICIENCY ACT.

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

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

S. 453 (Word version) -- Banking and Insurance Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ENACT THE "FINANCIAL IDENTITY FRAUD AND IDENTITY THEFT PROTECTION ACT", BY ADDING CHAPTER 20 TO

Rep. TALLEY 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.

The following Concurrent Resolution was taken up:

H. 4770 (Word version) -- Reps. Miller and Anderson: A CONCURRENT RESOLUTION TO RECOGNIZE THE IMPORTANCE OF THE PORT OF GEORGETOWN AND SUPPORT FUTURE EFFORTS BY GEORGETOWN COUNTY AND THE SOUTH CAROLINA STATE PORTS AUTHORITY TO GROW CARGO VOLUMES FOR THE ECONOMIC BETTERMENT OF THE COMMUNITY AND STATE.

Whereas, South Carolina's rich maritime heritage dates to Spanish explorers who established a settlement in Georgetown in 1526; and

Whereas, over the centuries, the Port of Georgetown has enjoyed many periods of prosperity and endured times of hardship; and

Whereas, in the twentieth century, Georgetown found its niche in the state's port system as a specialty port serving specific local industries, and these industries in turn have dominated the port's development, progress, and business; and

Whereas, the port and trade remain vital components of the local Georgetown economy; and

Whereas, the Port of Georgetown was hit hard by the changes at the steel mill, driving cargo volume and ship traffic down; and

Whereas, port cargo volume and ship traffic are absolutely essential to justifying maintenance dredging in the shipping channel; and

Whereas, to engage the port more closely with industry in the area, local and state economic development officials are encouraged to work with the South Carolina State Ports Authority when attracting new and expanding industries; and

Whereas, the South Carolina State Ports Authority remains committed to Georgetown and is pursuing new business and economic opportunities for the port and the community. Now, therefore,

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

That the members of the South Carolina General Assembly, by this resolution, recognize the importance of the Port of Georgetown and support future efforts by Georgetown County and the South Carolina State Ports Authority to grow cargo volumes for the economic betterment of the community and State.

Be it further resolved that a copy of this resolution be forwarded to the governing body of Georgetown County and the South Carolina State Ports Authority.

The Concurrent Resolution was adopted and sent to the Senate.

Rep. F. N. SMITH moved that the House do now adjourn, which was agreed to.

The Senate returned to the House with concurrence the following:

H. 4781 (Word version) -- Reps. Gullick, Agnew, Alexander, Allen, Anderson, Anthony, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bingham, Bowen, Bowers, Brady, Branham, Brantley, Breeland, G. Brown, R. Brown, Cato, Chalk, Clemmons, Clyburn, Cobb-Hunter, Coleman, Cooper, Cotty, Crawford, Dantzler, Davenport, Delleney, Duncan, Edge, Erickson, Frye, Funderburk, Gambrell, Govan, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Hart, Harvin, Haskins, Hayes, Herbkersman, Hiott, Hodges, Hosey, Howard, Huggins, Hutson, Jefferson, Jennings, Kelly, Kennedy, Kirsh, Knight, Leach, Limehouse, Littlejohn, Loftis, Lowe, Lucas, Mack, Mahaffey, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, Moss, Mulvaney, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rice, Rutherford, Sandifer, Scarborough, Scott, Sellers, Shoopman, Simrill, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Spires, Stavrinakis, Stewart, Talley, Taylor, Thompson, Toole, Umphlett, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Williams, Witherspoon and Young: A CONCURRENT RESOLUTION TO HONOR AND REMEMBER THE LIFE OF DE'ANDRE "DRE" ADAMS, WINTHROP UNIVERSITY BASKETBALL PLAYER, AND TO CELEBRATE THE LEGACY HE LEFT TO THE MANY PEOPLE WHOSE LIVES HE TOUCHED.

At 1:48 p.m. the House, in accordance with the motion of Rep. HOSEY, adjourned in memory of Charles E. Riley of Fairfax, to meet at 10:00 a.m. tomorrow.

This web page was last updated on Monday, June 22, 2009 at 12:02 P.M.