Indicates Matter Stricken
Indicates New Matter

The House assembled at 10:00 a.m.
Deliberations were opened with prayer by Rev. Charles E. Seastrunk, Jr., as follows:

Our thought for today is from 2 Chronicles 20:21: "Give thanks to the Lord, for his mercy endures forever."
Let us pray. Almighty God, we give You thanks and praise for Your caring and guidance in all our deliberations and accomplishments. Be present with these Representatives and staff as they go about the affairs of state. At the same time, we ask that they do Your will to the best of their ability. Provide for us Your blessings and peace upon our Nation and all her leaders that they may be good stewards and good examples and work for the common good of all people. 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 yesterday, the SPEAKER ordered it confirmed.

Rep. HUGGINS moved that when the House adjourns, it adjourn in memory of Jerry Fowler of Chapin, which was agreed to.

The SPEAKER ordered the following Veto printed in the Journal:

September 4, 2008
The Honorable Robert W. Harrell, Jr.
Speaker of the House of Representatives
Post Office Box 11867
Columbia, South Carolina 29211

Dear Mr. Speaker and Members of the House:

I am hereby vetoing and returning without my approval H. 3649 (Word version), R. 274. This bill amends incentives for alternative fuel and energy production.

While the bill is certainly well intentioned, I am vetoing it for what boils down to two reasons.

One, we think that taking action on this should wait until we see if it works with, or is at cross purposes with, the findings of the Climate, Energy, and Commerce Advisory Committee (CECAC), chaired by Representative Ben Hagood. The CECAC was composed of business and environmental leaders from across the state and has met for the last year. The committee will come out with its report next month, and we think incorporating ideas like those contemplated in this bill would make more sense if we waited to see if they fit with the committee's extensive work.

Two, it is the administration's view that wherever possible, and certainly in new incentives offered, that incentives should start with the consumer. Supply over time always equals demand, and in the history of man, consumers armed with cash have, indeed, always been met with supply. Beginning with that premise is the key to a market-based solution, though, since the consumer starts this virtuous cycle.

In this regard, I continue to have reservations about how these incentives are enacted. What troubles us about these incentives is that they pick winners and losers in the marketplace by directly subsidizing businesses. We believe that while we should encourage alternative fuels, those incentives should be directed to the individual where the cost-benefit belongs. This is the reason why I signed H. 4312 in 2006, which gave a direct tax credit for hybrid vehicles and vetoed S. 243 in 2007, which included the original tax credits modified in this legislation.

First, the demand for the alternative fuels described in this legislation is simply not there yet. If you look at the demand from 2007 for alternative fuels versus petroleum, you will find that only 6.5 billion gallons of ethanol and 500 million gallons of biodiesel were sold in the U.S. compared to 142 billion gallons of gas. We believe in the laws of supply and demand. This model predicts that in a competitive market, prices adjust to equalize the quantity demanded by consumers and the quantity supplied by producers. However, in the case of this bill, the incentive is at the retailer level and unless you provide the incentive to the end user, there is no guarantee that the cost benefit is passed on to the consumer. As a result, we are supporting an industry that is otherwise not economically viable. We believe that a truly competitive market is a consumer-driven market.

In addition to giving retailers of these alternative fuels a per-gallon subsidy, these fuels are still subject to the South Carolina motor vehicle tax. This bill attempts to ensure that South Carolina will not lose the funding that is needed for road and highway maintenance. Unfortunately, it also means the retailers of alternative fuels are getting incentives to sell while the consumer still pays a tax. Moreover, most alternative fuels sold in this state contain petroleum in their mix. So, we are, in essence, encouraging a continued, though lessened, dependence, on petroleum products.

Last year, I vetoed S. 243 which dealt with incentives for hydrogen research. In that message, I raised concerns that these alternative technologies are not far along enough in their development to warrant taxpayer investment. It is still the position of this administration that it is not wise to put all of your eggs in one basket and that government should not "lead" the private sector. This is particularly true given that last month, British Petroleum announced an investment of $1.6 billion in biofuels research and General Electric is currently testing airplanes and their ability to fly using biofuels. It is simply foolish to think that government can pick the "winning" industry of tomorrow and beat the marketplace and private capital in this instance at a state level.

Ultimately, the cost for a consumer to utilize the technology that would, in turn, use the fuels in this bill simply prevents most South Carolinians from even considering this as an option due to their high cost. For example, it costs around $40,000 to fill a tank in one of Honda's experimental hydrogen prototypes, not to mention the nearly $2 million dollar price tag for the car. Even cars that utilize E85 ethanol blend as a fuel option on average cost over $50,000. To further harm the demand on this front, H. 3649 strips the only incentive for the consumer which was the sales tax rebate for automobiles that utilize E85 technology.

I would encourage the General Assembly to sustain this veto and pass legislation that contains market-based solutions such as incentives for consumers not corporations. Once consumers are able to afford the technologies that will utilize these fuels, then the demand that this legislation seeks to establish will grow and no incentive will be necessary for the alternative fuel industry to thrive in South Carolina.

For the above reasons, I am vetoing H. 3649, R. 274.

Sincerely,
Mark Sanford
Governor

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

H. 5192 (Word version) -- Reps. Scott, Agnew, Alexander, Allen, Anderson, Anthony, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bingham, Bowen, Bowers, Brady, Branham, Brantley, Breeland, G. Brown, R. Brown, Cato, Chalk, Clemmons, Clyburn, Cobb-Hunter, Coleman, Cooper, Cotty, Crawford, Daning, Dantzler, Davenport, Delleney, Duncan, Edge, Erickson, Frye, Funderburk, Gambrell, Govan, Gullick, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Hart, Harvin, Haskins, Hayes, Herbkersman, Hiott, Hodges, Hosey, Howard, Huggins, Hutson, Jefferson, Jennings, Kelly, Kennedy, Kirsh, Knight, 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, Sellers, Shoopman, Simrill, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Spires, Stavrinakis, Stewart, Talley, Taylor, Thompson, Toole, Umphlett, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Williams, Witherspoon and Young: A CONCURRENT RESOLUTION TO DECLARE THE MONTH OF OCTOBER 2008 AS GANG AWARENESS MONTH IN SOUTH CAROLINA IN ORDER TO RAISE PUBLIC AWARENESS OF THIS INCREASING PROBLEM IN OUR STATE.

Whereas, criminal gang activity has been on the rise in the State of South Carolina for more than ten years; and

Whereas, according to state law enforcement authorities, now present in the State are numerous gangs, among them 18th Street, Almighty Latin Kings and Queens, Crips, Bloods, G 27, Gangster Disciples, Folk and People Nations, Nuestra Familia, Brothers of Struggle, Mara Salvatrucha, Vice Lords, Ayran Brotherhood; and

Whereas, since one of the primary functions of government is the promotion of public safety, the General Assembly desires to promote public safety for the citizens of our State in part by focusing on the problem of criminal gangs; and

Whereas, since government cannot do this job alone, parents and the general public, as well as members of the General Assembly, law enforcement authorities, and school officials, need to be educated on the issue of gang violence and other criminal gang activities in order to help deter our young citizens from becoming members of criminal gangs; and

Whereas, during the month of October, faith-based, public safety, and other community organizations will provide services, programs, outreach, and various activities to help address this need and make a difference in the lives of children and their families; and

Whereas, the faith-based community includes more than seventy churches, led by the Honorable John L. Scott, Jr., Dr. Michael Ross, Dr. Tommie Brown, Dr. Charles Graham, Reverend John Williams, and Reverend Eddie Davis; and

Whereas, the citizens of South Carolina are urged to support individuals, law enforcement authorities, and organizations that are effectively working in this arena, such as Project GO "Gang Out," which identifies potential and existing gang members who are interested in leaving a gang and teaches them and their families how to explore positive alternatives that do not include gang life. Now, therefore,

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

That the members of the General Assembly of the State of South Carolina, by this resolution, declare the month of October 2008 as Gang Awareness Month in South Carolina in order to raise public awareness of this increasing problem in our State.

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

The following was introduced:

H. 5193 (Word version) -- Reps. Pinson, Parks, M. A. Pitts, Agnew, Alexander, Allen, Anderson, Anthony, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bingham, Bowen, Bowers, Brady, Branham, Brantley, Breeland, G. Brown, R. Brown, Cato, Chalk, Clemmons, Clyburn, Cobb-Hunter, Coleman, Cooper, Cotty, Crawford, Daning, Dantzler, Davenport, Delleney, Duncan, Edge, Erickson, Frye, Funderburk, Gambrell, Govan, Gullick, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Hart, Harvin, Haskins, Hayes, Herbkersman, Hiott, Hodges, Hosey, Howard, Huggins, Hutson, Jefferson, Jennings, Kelly, Kennedy, Kirsh, Knight, 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, Perry, Phillips, E. H. 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 RECOGNIZE AND HONOR DR. GARY GOFORTH FOR HIS MANY YEARS OF SERVICE AS A SOUTH CAROLINA FAMILY PHYSICIAN, MEMBER OF THE UNITED STATES ARMED FORCES, AND COMMUNITY LEADER, AND TO WISH DR. AND MRS. GOFORTH WELL AS THEY LEAVE THIS SUMMER TO TEACH IN AFGHANISTAN FOR A YEAR.

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

The following was introduced:

H. 5194 (Word version) -- Rep. Vick: A HOUSE RESOLUTION TO RECOGNIZE AND CONGRATULATE THE CHESTERFIELD HIGH SCHOOL "LADY RAMS" SOFTBALL TEAM OF CHESTERFIELD COUNTY ON ITS OUTSTANDING SEASON AND IMPRESSIVE WIN OF THE 2008 CLASS A STATE CHAMPIONSHIP TITLE.

The Resolution was adopted.

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

Alexander              Allen                  Anderson
Anthony                Bales                  Bannister
Barfield               Battle                 Bedingfield
Bingham                Bowen                  Bowers
Brady                  Branham                Brantley
Breeland               G. Brown               R. Brown
Cato                   Chalk                  Clemmons
Clyburn                Cobb-Hunter            Coleman
Cooper                 Crawford               Daning
Dantzler               Delleney               Duncan
Edge                   Erickson               Frye
Funderburk             Gambrell               Gullick
Hagood                 Haley                  Hamilton
Hardwick               Harrell                Harrison
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
Moss                   Mulvaney               J. H. Neal
J. M. Neal             Neilson                Owens
Parks                  Perry                  Phillips
Pinson                 E. H. Pitts            M. A. Pitts
Rice                   Sandifer               Scarborough
Scott                  Sellers                Shoopman
Skelton                D. C. Smith            F. N. Smith
G. R. Smith            J. E. Smith            J. R. Smith
W. D. Smith            Spires                 Stavrinakis
Talley                 Taylor                 Thompson
Toole                  Umphlett               Vick
Viers                  Walker                 Weeks
White                  Williams               Witherspoon

I came in after the roll call and was present for the Session on Thursday, May 22.

William R. "Bill" Whitmire        Harry Ott
James E. Stewart                  G. Murrell Smith
Jackson "Seth" Whipper            Jerry Govan
Ralph Davenport                   Harold Mitchell
Gary Simrill                      Chris Hart
Annette Young                     Bessie Moody-Lawrence
Todd Rutherford

The SPEAKER granted Rep. BALLENTINE a leave of absence for the day due to business reasons.

The SPEAKER granted Rep. COTTY a leave of absence for the day to attend his son's Change of Command Ceremony with the Army Special Forces at Ft. Bragg.

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

The SPEAKER granted Rep. TAYLOR a leave of absence for the remainder of the day due to business reasons.

Rep. OTT presented to the House the Calhoun Academy "Cavaliers" Varsity Boys Baseball Team, the 2008 South Carolina Independent Schools Association AA Champions, their coaches and other school officials.

Rep. SELLERS presented to the House the Bamberg-Ehrhardt High School "Red Raiders" Varsity Baseball Team, the 2008 Class A Champions, their coaches and other school officials.

Rep. HUGGINS presented to the House the Dutch Fork High School "Silver Foxes" Varsity Golf Team, the 2008 Class AAAA Champions, their coaches and other school officials.

I was temporarily out of the Chamber during the vote on Amendment No. 16A to House Bill 3567. If I had been present, I would have voted 'yea' to table the Amendment.

Rep. Nikki Haley

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

S. 638 (Word version) -- Senators Campsen, Fair, Bryant, Vaughn, Hawkins, Alexander, Grooms, Sheheen, Setzler, Cromer, McConnell, Land, Verdin, Peeler, Hayes, Ritchie, Anderson, Thomas, Scott, Martin, Knotts, Ryberg, Ceips, O'Dell, McGill and Malloy: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-1-160 SO AS TO ENACT THE "SOUTH CAROLINA PUBLIC PRAYER AND INVOCATION ACT" TO ALLOW A GOVERNING BODY OF A STATE OR LOCAL GOVERNMENT TO ADOPT, BY ORDINANCE OR RESOLUTION, A POLICY THAT PRESERVES THE TRADITION OF SOLEMNIZING PUBLIC PROCEEDINGS BY ALLOWING FOR AN OPENING INVOCATION USING ONE OF THREE METHODS AND TO DEFINE "PUBLIC INVOCATION" AND "DELIBERATIVE PUBLIC BODY".

S. 1048 (Word version) -- Senators Martin and Alexander: A BILL TO AMEND SECTION 61-4-120, AS AMENDED, RELATING TO THE SUNDAY SALE OF WINE OR BEER IN THIS STATE, SO AS TO PROVIDE AN EXCEPTION FOR WINE THAT IS HARVESTED, PROCESSED, FERMENTED, BOTTLED, AND SOLD AT THE SAME CONTIGUOUS LOCATION.

S. 991 (Word version) -- Senator McConnell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 60-11-120, SO AS TO PROVIDE FOR THE DISPOSITION OF DUPLICATIVE ARCHIVAL MATERIAL BY THE SOUTH CAROLINA COMMISSION OF ARCHIVES AND HISTORY; AND TO REPEAL SECTION 59-103-200, RELATING TO DISPOSITION OF DUPLICATIVE ARCHIVAL MATERIAL, THAT WAS ERRONEOUSLY CODIFIED UNDER THE COMMISSION OF HIGHER EDUCATION INSTEAD OF THE COMMISSION OF ARCHIVES AND HISTORY.

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

S. 968 (Word version) -- Senators McGill, O'Dell, Williams and Knotts: A BILL TO AMEND SECTION 16-23-405, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITION OF "WEAPON" AND THE HANDLING OF WEAPONS USED IN THE COMMISSION OF A CRIME, SO AS TO REMOVE "KNIFE WITH A BLADE OVER TWO INCHES LONG" FROM THE DEFINITION; AND TO AMEND SECTION 16-23-460, RELATING TO CARRYING CONCEALED WEAPONS, SO AS TO PROVIDE FOR THE EXCLUSION OF KNIVES WITHIN THE PURVIEW OF THE OFFENSE UNLESS THEY ARE USED WITH THE INTENT TO COMMIT A CRIME.

S. 1143 (Word version) -- Senators McConnell, Martin, Alexander, Hayes, Hutto, Ceips, Peeler, Leventis, Rankin, Setzler, Knotts and Malloy: A BILL TO AMEND SECTION 12-36-2120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM THE STATE SALES TAX, SO AS TO INCLUDE THE GROSS PROCEEDS OF SALES OR THE SALES PRICE OF ENERGY EFFICIENT APPLIANCES.

S. 75 (Word version) -- Senators Ryberg, Bryant and Verdin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-4-110, TO PROVIDE THAT THE SOUTH CAROLINA TUITION PREPAYMENT PROGRAM MAY NOT ACCEPT NEW PARTICIPANTS AND THE PROGRAM SHALL REMAIN IN OPERATION FOR EXISTING PARTICIPANTS.

S. 1171 (Word version) -- Senators Peeler and Setzler: A BILL TO AMEND SECTION 12-37-900 OF THE 1976 CODE, RELATING TO THE LISTING AND RETURNING OF PERSONAL PROPERTY, TO PROVIDE THAT A MANUFACTURER IS NOT REQUIRED TO LIST OR RETURN PERSONAL PROPERTY FOR AD VALOREM TAX PURPOSES IF THE PROPERTY REMAINS IN THIS STATE BUT HAS NOT BEEN USED IN OPERATIONS FOR THE ENTIRE REPORTING PERIOD OF THE MANUFACTURER.

S. 1329 (Word version) -- Senators McGill, Grooms and Bryant: A BILL TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING BY ADDING ARTICLE 101 SO AS TO PROVIDE FOR THE ISSUANCE OF "I BELIEVE" SPECIAL LICENSE PLATES.

The following Bill was taken up:

S. 96 (Word version) -- Senators Sheheen and Fair: A BILL TO AMEND CHAPTER 6, TITLE 61 OF THE 1976 CODE BY ADDING SECTION 61-6-4155, TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON TO USE, OFFER FOR USE, PURCHASE, OFFER TO PURCHASE, SELL, OFFER TO SELL, OR POSSESS AN ALCOHOL WITHOUT LIQUID DEVICE, AND TO PROVIDE PENALTIES AND EXCEPTIONS.

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\DKA\3891AHB08), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION   1.   Article 13, Chapter 6, Title 61 of the 1976 Code is amended by adding:

"Section 61-6-4155.   (A)   As used in this section, 'alcohol without liquid device' means a device, machine, apparatus, or appliance that is designed or marketed for the purpose of mixing alcohol with pure or diluted oxygen, or another gas, to produce an alcoholic vapor that an individual can inhale or snort. An alcohol without liquid device does not include an inhaler, nebulizer, atomizer, or other device that is designed and intended by the manufacturer to dispense a prescribed or over-the-counter medication.

(B)   It is unlawful for a person to use, offer for use, purchase, offer to purchase, sell, offer to sell, or possess an alcohol without liquid device.

A person who violates this section is guilty of a misdemeanor and, upon conviction, must be punished as follows:

(1)   for a first offense, by a fine of three hundred dollars;

(2)   for a second offense, by a fine of seven hundred fifty dollars or imprisonment for not more than six months, or both;

(3)   for a third or subsequent offense, by a fine of three thousand dollars or imprisonment for not more than two years, or both.

(C)   Except as provided in subsection (D) of this section, an alcohol without liquid device must be seized by a law enforcement officer and be taken before any magistrate of the county in which the alcohol without liquid device is seized, the magistrate shall immediately examine it, and if satisfied that it is an alcohol without liquid device, direct that it be destroyed immediately after conviction of the violator.

(D)   This section shall not apply to a health care provider that operates primarily for the purpose of conducting scientific research, a state institution conducting bona fide research, a private college or university conducting bona fide research, or to a pharmaceutical company or biotechnology company conducting bona fide research."
SECTION   2.   Section 61-4-160 of the 1976 Code is amended to read:

"Section 61-4-160.   (A) No A person who holds a biennial permit to sell beer or wine for on-premises consumption may not advertise, sell, or dispense these beverages for free, at a price less than one-half of the price regularly charged, or on a two or more for the price of one basis. Beer or wine may be sold at a price less than the price regularly charged from four o'clock p.m. until eight o'clock p.m. only.

(B)   The prohibition against dispensing the beverages for free does not apply to dispensing to a customer on an individual basis, to a fraternal organization in the course of its fund-raising activities, to a person attending a private function on premises for which a biennial permit has been issued, or to a customer attending a function sponsored by the person who holds a biennial permit. However, no more than two functions may be sponsored each year, and must be authorized by the department.

(C)   A person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined not less than one hundred dollars or imprisoned not less than three months, in the discretion of the court.

(D)   A person found guilty of a violation of Section 61-6-4550 and this section may not be sentenced under both sections for the same offense."
SECTION   3.   Section 61-6-20(2) of the 1976 Code, as last amended by Act 386 of 2006, is further amended to read:

"(2)   'Bona fide engaged primarily and substantially in the preparation and serving of meals' means a business which has been issued a Grade A retail establishment food permit prior to issuance of a license under Article 5 of this chapter, and in addition that provides facilities for seating not less fewer than forty persons simultaneously at tables for the service of meals and that:

(a)   is equipped with a kitchen that is utilized for the cooking, preparation, and serving of meals upon customer request at normal meal times;

(b)   has readily available to its guests and patrons either menus with the listing of various meals offered for service or a listing of available meals and foods posted in a conspicuous place readily discernible by the guests or patrons; and

(c)   prepares for service to customers, upon the demand of the customers, hot meals at least once each day the business establishment chooses to be open."
SECTION   4.   Section 61-6-1610 of the 1976 Code, as last amended by Act 386 of 2006, is further amended by adding an appropriately lettered subsection to read:

"( )   For the purpose of this section:

(1)   'Kitchen' means a separate and distinct area of the business establishment that is used only for the preparation, serving, and disposal of solid foods that make up meals. The area must be adequately equipped for cooking, serving, and storage of solid foods and must include at least twenty-one cubic feet of refrigerated space for food and a stove.

(2)   'Meal' means an assortment of various prepared foods available to guests on the licensed premises during the normal mealtimes that occur when the licensed business establishment is open to the public. Sandwiches, boiled eggs, sausages, and other snacks prepared off the licensed premises but sold there are not a meal within the meaning of this statute.

(3)   'Primarily' means that the serving of the meals by a business establishment is a regular source of business to the licensed establishment, that meals are served upon the demand of the guests and patrons during the normal mealtimes that occur when the licensed business establishment is open to the public, and that an adequate supply of food is present on the licensed premises to meet the demand."
SECTION   5.   Section 61-6-4550 of the 1976 Code is amended to read:

"Section 61-6-4550.   (A)   No A person who holds a biennial license to sell alcoholic liquors for on-premises consumption may not advertise, sell, or dispense these beverages for free, at a price less than one-half of the price regularly charged, or on a two or more for the price of one basis. Alcoholic liquors may be sold at a price less than the price regularly charged from four o'clock p.m. until eight o'clock p.m. only.

(B)   The prohibition against dispensing the beverages for free does not apply to dispensing to a customer on an individual basis, to a fraternal organization in the course of its fund-raising activities, to a person attending a private function on premises for which a biennial license has been issued, or to a customer attending a function sponsored by the person who holds a biennial license. However, no more than two functions may be sponsored each year, and must be authorized by the department.

(C)   A person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined not less than one hundred dollars or imprisoned not less than three months, in the discretion of the court."
SECTION   6.   This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.

Rep. G. M. SMITH explained the amendment.

Reps. KENNEDY and GULLICK requested debate on the Bill.

The amendment was then adopted.

Reps. HAGOOD, CRAWFORD and BALES proposed the following Amendment No. 2 (Doc Name COUNCIL\GGS\22117AB08), which was adopted:
Amend the bill, as and if amended, by striking SECTION 6 and inserting:
/   SECTION   6.   Section 61-6-1100 of the 1976 Code, as added by Act 415 of 1996, is amended to read:

"Section 61-6-1100.   (A)   No manufacturer may own or operate more than one plant, establishment, or place of business for the manufacture of alcoholic liquors in any one county of this State, nor may he permit the drinking of alcoholic liquors on his premises. A holder of a valid manufacturer's license issued by the State may:

(1)   manufacture, distill, rectify, blend, brew, ferment, and bottle alcoholic liquors with an alcohol content greater than seventeen percent;

(2)   sell these alcoholic liquors produced pursuant to item (1) to a wholesaler licensed by the State and transport these alcoholic liquors produced pursuant to item (1) out of state for sale outside of the State.

(B)   A manufacturer shall have no more than three places of operation in the State of South Carolina.

(C)   A manufacturer may permit tasting of the alcoholic liquors produced pursuant to item (1) and offered for retail sale at the onsite-licensed premises by adhering to the following rules:

(1)   A manufacturer shall follow all the rules in Section 61-6-1500 to and through Section 61-6-1530 as they pertain to retail dealers.

(2)   A manufacturer must be responsible to the State of South Carolina for the excise tax due on all liquor sold on its premise.

(3)   A manufacturer shall have an identified tasting area of a size and design so that a person serving the tastes can observe and control individuals in the area to ensure no minor or visibly intoxicated person possesses or consumes alcohol and that other liquor laws are followed. Customers may not remove the tasting from the identified tasting area.

(D)   A 'manufactured by manufacturer licensee' means the licensee distills, blends, rectifies, or otherwise produces the product on the manufacturer's premise in South Carolina.

(E)   Alcohol servers who pour tastings must be at least twenty-one years of age.

(F)   Tastings must be limited to three one-quarter-ounce servings per day and sales shall be limited to one case per person per day.

(G)   A manufacturer must be limited to 25,000 cases per year to be sold on premise."
SECTION   7.   This act takes effect upon the approval of the Governor. /
Renumber sections to conform.
Amend title to conform.

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

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

The following Bill was taken up:

S. 1221 (Word version) -- Senators Hutto and Massey: A BILL TO AMEND ARTICLE 3, CHAPTER 3, TITLE 22 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, AS AMENDED, RELATING TO CIVIL PROCEDURE IN MAGISTRATES COURT, SO AS TO DELETE SECTIONS THAT HAVE BEEN PROVIDED FOR BY THE SOUTH CAROLINA RULES OF MAGISTRATES COURT AND TO RENAME THE ARTICLE TO CONFORM WITH THE REVISIONS.

Rep. G. M. SMITH proposed the following Amendment No. 4 (Doc Name COUNCIL\GJK\20725AB08), which was adopted:
Amend the bill, as and if amended, in SECTION 1, by adding a new code section immediately after Section 22-3-320 on page 5 to read:
/   Section 22-3-330.   Notwithstanding another provision of law, a person charged with any misdemeanor offense requiring a warrant signed by non-law enforcement personnel to ensure the arrest of a person must be given a courtesy summons.   /
Renumber sections to conform.
Amend title to conform.

Rep. G. M. SMITH explained the amendment.
The amendment was then adopted.
Rep. HERBKERSMAN proposed the following Amendment No. 5 (Doc Name COUNCIL\GGS\22115AB08), which was ruled out of order:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/   SECTION   1.   Article 3, Chapter 3, Title 22 of the 1976 Code is amended to read:

Section 22-3-110.   The provisions of Title 15 respecting forms of actions, parties to actions, the times of commencing actions and the service of process upon corporations and the provisions of Title 19 respecting the rules of evidence shall apply to the courts of magistrates.

Section 22-3-120.   When twenty-five dollars or more is demanded, the complaint shall be served on the defendant not less than twenty days and when less than that sum is demanded not less than five days before the day therein fixed for trial. But if the plaintiff shall make out that he is apprehensive of losing his debt by such delay and the magistrate considers that there is good reason therefor (the grounds of such apprehension being set out in an affidavit and served with a copy of the complaint) he may make such process returnable in such time as the justice of the case may require.

Section 22-3-130.   Service of summons upon an absent defendant in any case in a court of a magistrate shall have the same binding force and effect as such service has in cases in the courts of common pleas.

Section 22-3-140.   A magistrate may, in an action brought in his court and within his jurisdiction, grant an order of publication against an absent defendant in the same manner and to the same extent as authorized in Section 15-9-710. The time for such publication shall be once a week for not less than three weeks.

Section 22-3-150.   The pleadings in the courts of magistrates are:

(1) The complaint by the plaintiff; and

(2) The answer by the defendant.

Section 22-3-160.   The complaint shall state, in a plain and direct manner, the facts constituting the cause of action.

Section 22-3-170.   The answer may contain a denial of the complaint or any part thereof and also a notice, in a plain and direct manner, of any facts constituting a defense or counterclaim.

Section 22-3-180.   Either party in a court of a magistrate may demur to a pleading of his adversary or to any part thereof when it is not sufficiently explicit to enable him to understand it or when it contains no cause of action or defense, although it be taken as true. If the court deem the objection well founded, it shall order the pleadings to be amended and, if the party refuse to amend, the defective pleading shall be disregarded.

Section 22-3-190.   The pleadings may, except as otherwise provided, be oral or in writing. If oral, the substance of them shall be entered by the magistrate in his docket. If in writing, they shall be filed by him and a reference to them shall be made in the docket. Pleadings are not required to be in any particular form, but must be such as to enable a person of common understanding to know what is intended.

Section 22-3-200.   The pleadings in a court of a magistrate may be amended at any time before or during the trial or upon appeal when by such amendment substantial justice will be promoted. If the amendment be made after the joining of the issue and it be made to appear to the satisfaction of the court, by oath, that an adjournment is necessary to the adverse party, in consequence of such amendment, an adjournment shall be granted. The court may also, in its discretion, require as a condition of an amendment the payment of costs to the adverse party.

Section 22-3-210.   When any civil action cognizable by a magistrate shall be brought in the wrong county the mere failure of the defendant to appear shall not be deemed a waiver of any objection such defendant may have to the jurisdiction of the magistrate. But nothing herein contained shall be construed to prevent any positive action of such defendant from which an intention to waive the jurisdictional objection might be inferred from operating as such waiver.

Section 22-3-220.   The defendant in a court of a magistrate may, on the return of process and before answering, make an offer in writing to allow judgment to be taken against him for an amount stated in such offer, with costs. The plaintiff shall thereupon, and before any other proceeding shall be had in the action, determine whether he will accept or reject such offer. If he accept the offer and give notice thereof in writing, the magistrate shall file the offer and the acceptance thereof and render judgment accordingly. If notice of acceptance be not given and if the plaintiff fail to obtain judgment for a greater amount, exclusive of costs, than has been specified in the offer he shall not recover costs but shall pay to the defendant his costs accruing subsequent to the offer.

Section 22-3-230.   Either party to a suit before a magistrate shall be entitled to a trial by jury.

Section 22-3-260.   A variance between the proof on the trial and the allegations in a pleading shall be disregarded, as immaterial, unless the court shall be satisfied that the adverse party has been misled to his prejudice thereby.

Section 22-3-270.   When a defendant in a court of a magistrate in an action on contract does not appear and answer the plaintiff may file proof of the service of the summons and complaint or of the summons on one or more of the defendants and that no answer or demurrer has been served upon him. When the action is for the recovery of money only, judgment may be given for the plaintiff by default if the demand be liquidated. If (a) the claim be unliquidated, (b) the plaintiff itemize his account and append thereto an affidavit that it is true and correct and no part of the sum sued for has been paid by discount or otherwise, (c) a copy of such account and affidavit be served with the summons on the defendant and (d) the defendant shall neither answer nor demur, the plaintiff shall have judgment for the sum sued for as in the case of liquidated demands. In all other cases when the defendant fails to appear and answer the plaintiff cannot recover without proving his case.

Section 22-3-280.   In an action or defense in a court of a magistrate founded upon an account or an instrument for the payment of money only, it shall be sufficient for a party to deliver the account or instrument to the court and to state that there is due to him thereon from the adverse party a specified sum which he claims to recover or set off.

Section 22-3-290.   The court may at the joining of the issue require either party, at the request of the other, at that or some other specified time to exhibit his account or state the nature thereof as far as may be in his power and, in case of his default, preclude him from giving evidence of such parts thereof as shall not have been so exhibited or stated.

Section 22-3-300.   A magistrate, on the demand of a party in whose favor he shall have rendered a judgment, shall give a transcript thereof which may be filed and docketed in the office of the circuit court of the county in which the judgment was rendered. The time of the receipt of the transcript by the clerk shall be noted thereon and entered in the abstract of judgments and from that time the judgment shall be a judgment of the circuit court, but no sale shall be made under any execution issued upon such judgment in the circuit court until the time for appeal from the judgment in the magistrates court has expired, nor pending such appeal. If the judgment is set aside in the magistrates court, it shall have the effect of setting aside the judgment filed and docketed in the circuit court. The filing and docketing of such transcript in the circuit court shall not affect the right of the magistrate to grant a new trial. A certified transcript of such judgment may be filed and docketed in the clerk's office of any other county and with like effect in every respect as in the county in which the judgment was rendered.

Section 22-3-310.   Execution may be issued on a judgment heretofore or hereafter rendered in a magistrates court at any time within three years after the rendition thereof and shall be returnable sixty days from its date. But no sale shall be made under any such execution until after the time for appeal has expired, nor pending such appeal, and in cases for the claim and delivery of personal property when bond for the property claimed has been properly given by either party, the status of such property shall not be changed until after the expiration of the time for appealing has expired or until such appeal has terminated.

Section 22-3-320.   If the judgment be docketed with the clerk of the circuit court, the execution shall be issued by him to the sheriff of the county and have the same effect and be executed in the same manner as other executions and judgments of the circuit court."
SECTION   2.   Section 22-1-10(A) of the 1976 Code is amended to read:

"(A)   The Governor, by and with the advice and consent of the Senate and the House of Representatives, may appoint magistrates in each county of the State for a term of four years and until their successors are appointed and qualified.

Magistrates serving the counties of Abbeville, Allendale, Bamberg, Beaufort, Calhoun, Cherokee, Chesterfield, Clarendon, Colleton, Dillon, Edgefield, Florence, Greenville, Hampton, Jasper, Lancaster, Lee, Marion, McCormick, Oconee, Pickens, Saluda, Sumter, and Williamsburg shall serve terms of four years commencing May 1, 1990. Magistrates serving the counties of Aiken, Anderson, Barnwell, Berkeley, Charleston, Chester, Darlington, Dorchester, Fairfield, Georgetown, Greenwood, Horry, Kershaw, Laurens, Lexington, Marlboro, Newberry, Orangeburg, Richland, Spartanburg, Union, and York shall serve terms of four years commencing May 1, 1991.

At least ninety days before the date of the commencement of the terms provided in the preceding paragraph and every four years thereafter, each county governing body must inform, in writing, the Senators and House members representing that county of the number of full-time and part-time magistrate positions available in the county, the number of work hours required by each position, the compensation for each position, and the area of the county to which each position is assigned. If the county governing body fails to inform, in writing, the Senators and House members representing that county of the information as required in this section, then the compensation, hours, and location of the full-time and part-time magistrate positions available in the county remain as designated for the previous four years.

Each magistrate's number of work hours, compensation, and work location must remain the same throughout the term of office, except for a change (1) specifically allowed by statute or (2) authorized by the county governing body at least four years after the magistrate's most recent appointment and after a material change in conditions has occurred which warrants the change. Nothing provided in this section prohibits the raising of compensation or hours and compensation during a term of office. No magistrate may be paid for work not performed except for bona fide illness or as otherwise provided by law.

The number of magistrates to be appointed for each county and their territorial jurisdiction are as prescribed by law before March 2, 1897, for trial justices in the respective counties of the State, except as otherwise provided in this section."
SECTION   3.   Section 22-2-5(A) of the 1976 Code is amended to read:

"(A)   The South Carolina Court Administration, in cooperation with the technical college system, shall select and administer an eligibility examination to test basic skills of persons seeking an initial appointment as magistrate on or after July 1, 2001. In determining the persons to be recommended to the Governor for initial appointments as magistrates on or after July 1, 2001, a senatorial and house delegation must use the results of these eligibility examinations to assist in its selection of nominees. No person is eligible to be appointed as a magistrate unless he receives a passing score on the eligibility examination. The results of these eligibility examinations are valid for six months before and six months after the time the appointment is to be made."
SECTION   4.   Section 22-2-10 of the 1976 Code is amended to read:

"A senatorial and house delegation, in determining the persons to be recommended to the Governor for appointment as magistrates, may appoint a screening committee to assist them in their selection of nominees."
SECTION   5.   This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.

Rep. HERBKERSMAN explained the amendment.

Rep. SCOTT raised the Point of Order that Amendment No. 5 was out of order in that it was not germane to the Bill.
SPEAKER HARRELL stated that while the Bill dealt with magistrate procedures, the Amendment dealt with the selection process of magistrates. He, therefore, sustained the Point of Order and ruled the Amendment out of order.

Rep. F. N. SMITH proposed the following Amendment No. 6 (Doc Name COUNCIL\MS\7659AHB08):
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION   ___.   Section 5-7-12(A) of the 1976 Code is amended to read:

"(A)   The governing body of a municipality or county may upon the request of any other another governing body or of any other another political subdivision of the State, including school districts, designate certain officers to be assigned to the duty of a school resource officer and to work within the school systems of the municipality or county. The person assigned as a school resource officer shall have statewide jurisdiction to arrest persons committing gang-related incidents, drug or weapons crimes in connection with a school activity or school-sponsored event. In all other circumstances, a school resource officer may not arrest a student but shall issue a courtesy summons to appear to the student or students involved in the particular incident in connection with a school activity or school-sponsored event. When acting pursuant to this section and outside of the sworn municipality or county of the school resource officer, the officer shall enjoy all authority, rights, privileges, and immunities, including coverage under the workers' compensation laws that he would have enjoyed if operating in his sworn jurisdiction." /
Renumber sections to conform.
Amend title to conform.

Rep. G. M. SMITH explained the amendment.
Rep. F. N. SMITH spoke in favor of the amendment.

Rep. CRAWFORD moved to table the amendment.

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

Those who voted in the affirmative are:

Barfield               Bingham                Brady
Clemmons               Crawford               Daning
Dantzler               Davenport              Duncan
Edge                   Erickson               Frye
Gambrell               Gullick                Hardwick
Harrell                Hiott                  Huggins
Hutson                 Kelly                  Leach
Limehouse              Loftis                 Lowe
Lucas                  Mahaffey               Merrill
Moss                   Mulvaney               Owens
Pinson                 E. H. Pitts            M. A. Pitts
Rice                   Sandifer               Scarborough
Shoopman               Simrill                Skelton
G. M. Smith            Talley                 Thompson
Toole                  Umphlett               Viers
Walker                 White                  Whitmire
Witherspoon

Those who voted in the negative are:

Alexander              Allen                  Anderson
Anthony                Bales                  Bannister
Battle                 Bedingfield            Bowers
Branham                Brantley               Breeland
G. Brown               R. Brown               Cato
Clyburn                Cobb-Hunter            Coleman
Delleney               Funderburk             Govan
Hagood                 Hamilton               Hart
Harvin                 Haskins                Hodges
Hosey                  Howard                 Jefferson
Jennings               Kennedy                Kirsh
Knight                 Mack                   McLeod
Miller                 J. H. Neal             Neilson
Ott                    Parks                  Perry
Phillips               Scott                  Sellers
F. N. Smith            G. R. Smith            J. R. Smith
Spires                 Stavrinakis            Stewart
Vick                   Weeks                  Whipper
Williams

So, the House refused to table the amendment.

Rep. HARRISON moved to adjourn debate on the Bill, which was agreed to.

The following Bill was taken up:

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

The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\DT\27220BB08), which was tabled:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION   1.   Section 2-75-5 of the 1976 Code is amended to read:

"Section 2-75-5.   (A)   This chapter is known and may be cited as the 'South Carolina Research Centers of Economic Excellence Act'.

(B)   The General Assembly finds that:

(1)   it is in the public interest to create incentives for the senior research universities of South Carolina consisting of Clemson University, the Medical University of South Carolina, and the University of South Carolina to raise capital from the private sector to fund endowments for professorships in research areas targeted to create well-paying jobs and enhanced economic opportunities for the people of South Carolina;

(2)   these endowed professorships should be used to recruit and maintain leading scientists and engineers at the senior research universities of South Carolina for the purposes of developing and leveraging the research capabilities of the universities for the creation of well-paying jobs and enhanced economic opportunities in knowledge-based industries for all South Carolinians;

(3)   in communities across the United States in which better paying jobs and enhanced economic development in knowledge-based industries has flourished, the local or state government has created incentives and made a long-term commitment to public and private funding for a significant number of endowments for professorships in targeted knowledge-based industries;

(4)   the South Carolina Education Lottery provides a source of funding and an incentive for the senior research universities to raise, in dollar-for-dollar matching amounts, sums from private nonstate sources sufficient to create endowed professorships;

(5)   these endowed professorships should be awarded to the senior research universities through a competitive application process, provided that the competitive process must encourage the senior research universities to submit cooperative applications with one another as well as in cooperation with other institutions of higher education; and

(6)   these endowed professorships, funded equally from the South Carolina Education Lottery and from other private nonstate sources, provide a foundation for the creation of centers of economic excellence."
SECTION   2.   Section 2-75-10 of the 1976 Code is amended to read:

"Section 2-75-10.   There is created the Research Centers of Excellence Review Board. The board shall consist of nine members. Of the nine members, three must be appointed by the Governor, three must be appointed by the President Pro Tempore of the Senate, and three must be appointed by the Speaker of the House of Representatives. The terms of members are three years and members are eligible to be appointed for no more than two additional terms. Of the members initially appointed by the Governor, the President Pro Tempore, and the Speaker of the House, one shall be appointed for a term of one year, one for a term of two years, and one for a term of three years, the initial term of each member to be designated by the Governor, President Pro Tempore, and Speaker of the House when making the appointments. The Governor, the President Pro Tempore, and the Speaker of the House shall appoint persons with substantial experience in business, law, accounting, technology, manufacturing, engineering, or other professions and experience which provide an understanding of the purposes of this chapter. The board shall be responsible for providing annually to the Commission on Higher Education a schedule by which applications for funding are received and awarded on a competitive basis, the awarding of matching funds as provided in Section 2-75-60, and for oversight and operation of the fund created by Section 2-75-30. The Members of the review board shall serve without compensation and must provide an annual report to the General Assembly as well as the Budget and Control Board, which shall include an audit performed by an independent auditor."
SECTION   3.   Section 2-75-30 of the 1976 Code is amended to read:

"Section 2-75-30.   There is created the Centers of Excellence Matching Endowment. The endowment must be funded annually by appropriations from the South Carolina Education Lottery Account in an aggregate amount not to exceed $200,000,000 by 2010, except that endowment appropriations for the current fiscal year may not be funded until all state-supported scholarships are fully funded. The fund must be managed by the State Treasurer, subject to awards from the endowment as provided in this chapter. Interest earnings of the endowment must remain in the fund."
SECTION   4.   Section 2-75-50 of the 1976 Code is amended to read:

"Section 2-75-50.   (A)   An application for an award from the endowment shall:

(1)   provide to the board documentation of private matching funds, on hand, in an amount equal to the amount for which application is made;

(2)   provide to the board documentation that all matching funds have been committed and raised exclusively from sources other than South Carolina tax dollars, and that the funds have been committed and raised after January 1, 2002;

(3)   be in an amount of not less than two million dollars and not more than five million dollars;

(4)   document that the application has significant potential to provide for enhanced economic development for the citizens of South Carolina in a specified knowledge-based industry or field of commerce; and
    (5)   provide specific partnering activities with other institutions, businesses, or the community.

(B)   Eligible research universities are strongly encouraged to partner with other South Carolina colleges and universities to develop proposals that will enhance the economic competitiveness of our State, and to enhance science and engineering through collaborations in related disciplines."
SECTION   5.   Section 2-75-90 of the 1976 Code, as added by Act 187 of 2004, is amended to read:

"Section 2-75-90.   (A)   Notwithstanding the provisions of Sections 2-75-05(B)(4) and (6) and 2-75-50, To meet the endowed professorships matching requirement of those provisions, a research university may use funds specifically provided for use in the areas provided in subsection (B) that are derived from private or federal government sources, excluding state appropriations to the institution, tuition, or fees. Subject to the restrictions in subsection (B), only federal dollars received after July 1, 2003, may be used to meet the endowed professorships matching requirement.

(B)   The matching funds in subsection (A) may be used only in the areas of Engineering, Nanotechnology, Biomedical Sciences, Energy Sciences, Environmental Sciences, Information and Management Sciences, and for other sciences and research that create well-paying jobs and enhanced economic opportunities for the people of South Carolina and that are approved by the Research Centers of Excellence Review Board."
SECTION   6.   Chapter 75, Title 2 of the 1976 Code is amended by adding:

"Section 2-75-100.   (A)   The board may, at its discretion, permit the senior research universities to utilize a portion of the nonstate matching funds of any single award to pay for initial operating costs including, but not limited to, infrastructure improvement, purchase of equipment, and payment of salaries for junior faculty, researchers, technicians, and other support staff directly associated with the establishment of the professorship's research efforts and the creation of the center of economic excellence which the professorship serves. The portion established by the board must apply equally to all of the senior research universities' centers of economic excellence and endowed professorships created under this act. The portion established by the board may be modified by the board in order to facilitate program success.

(B)   The full amount of every state award, with the exception of programmatic support proposals, must be placed into and remain in endowment. Should a center of economic excellence be dissolved, withdrawn, or otherwise terminated, the entirety of the state award which has been drawn by the institution must be returned to the Centers of Excellence Matching Endowment."
SECTION   7.   Chapter 75, Title 2 of the 1976 Code is amended by adding:

"Section 2-75-110.   In addition to accepting and applying nonstate funds, as stipulated in Section 2-75-90(A), to meet the matching requirement of each state award, a senior research university may accept and apply cash equivalent and in-kind donations from nonstate sources. Such donations must directly impact and promote the research of the endowed professorship and the center of economic excellence which the professorship serves. Such donations may include, but are not limited to, donated or rent-discounted laboratory, and research facility space; buildings, including sale-lease back; equipment; furnishings; and infrastructure upgrades. The value of each cash equivalent or in-kind donations must be determined using standard accounting methods and a cost share accounting policy established by the board. The total value of cash equivalent and in-kind donations applicable per award may not exceed the portion of nonstate matching funds available for non-endowment use established by the board. Cash equivalent and in-kind donations may only be applied if received by a senior research university after July 1, 2002."
SECTION   8.   Title 59 of the 1976 Code is amended by adding:

Section 59-151-100.   (A)   The General Assembly declares that by this chapter it is establishing the South Carolina LightRail Consortium in response to growing demand for South Carolina academic institutions to expand their capacity for high speed, highly available bandwidth across the State, nation, and world in support of their missions, and to connect directly to national and regional networks for purposes directly related to their missions.

(B)   For this purpose, the South Carolina LightRail shall provide facilities-based advanced high performance communications infrastructure in support of the missions of the South Carolina academic institutions that are members of the South Carolina LightRail Consortium. The General Assembly declares its intent that this infrastructure must not compete with the commercial communications or information offerings of private sector participants.

(C)   The goal of the South Carolina LightRail Consortium is to promote collaboration among participating clinical, research, and educational institutions throughout the State, region, and nation to accomplish the objectives stated above.

Section 59-151-110.   (A)   For purposes of this chapter, the South Carolina LightRail is defined as a communication grid network where the South Carolina academic institutions that are members of the South Carolina LightRail Consortium, and private organizations and entities as permitted by subsection (C) of this section tap into facilities-based fiber optic including, the National Lambda Rail, Internet2, TeraGrid, and other regional and national networks which carry high volumes of data at high speed allowing faculty members at participating institutions in different locations to collaborate in real time.

(B)   The South Carolina LightRail is to be used as an academic network for the use of the South Carolina academic institutions that are members of the South Carolina LightRail Consortium for the exchange of information directly related to their missions and must not carry commercial traffic, commercial internet traffic, or K-12 traffic originated in South Carolina. Occasional and incidental use of the network by persons appropriately granted access to the network for purposes that are not directly related to the missions of the participating academic institutions is not considered a violation of this subsection.

(C)   Private organizations and entities may be provided access to the network only through formal documented partnerships with one or more of the South Carolina academic institutions that are members of the South Carolina LightRail Consortium that are directly related to the missions of the partnering institutions. This access must be consistent with guidelines and procedures approved by the consortium board. These guidelines and procedures, at a minimum, shall comply with the provisions of Section 59-151-115.

Section 59-151-115.   (A)   Prior to allowing any university employee or student access to the network, the board must adopt guidelines and procedures which, at a minimum, ensure that:

(1)   access to the network is limited to specific university employees and specific university students who have direct involvement in one or more formal documented partnerships that meet the requirements of Section 59-151-110(C);

(2)   these university employees and university students cease to have access to the network once they are no longer directly involved in such a formal documented partnership; and

(3)   the access to the network does not compete with the commercial communications or information offerings of private sector participants.

(B)   Prior to allowing any private organization or entity access to the network, the board must adopt guidelines and procedures which, at a minimum, ensure that:

(1)   access to the network is limited to specified employees of these private organizations or entities who have direct involvement in one or more formal documented partnerships that meet the requirements of Section 59-151-110(C);

(2)   these employees cease to have access to the network once they are no longer directly involved in such a formal documented partnership;

(3)   the access to the network does not compete with the commercial communications or information offerings of private sector participants; and

(4)   any South Carolina commercial entity has a separate commodity internet connection for its routine operations.

(C)   For purposes of this section, occasional and incidental use of the network by persons appropriately granted such access to the network for purposes that are not directly related to the missions of the participating institutions is not considered as competing with the commercial communications or information offerings of private sector participants.

Section 59-151-120.   Clemson University, the Medical University of South Carolina, and the University of South Carolina in Columbia are designated as the three charter member institutions of the South Carolina LightRail Consortium and through the consortium are directed to plan, procure, administer, oversee, and manage all functions associated with the South Carolina LightRail.

Section 59-151-130.   (A)   The South Carolina LightRail Consortium must be a joint venture exclusively among the three member universities, with administrative support to be provided by an appropriate department within one or more of the universities to include procurement, accounts payable, accounts receivable, web design and hosting, and similar administrative or technical support functions.

(B)   The South Carolina LightRail Consortium must be governed by a board of directors consisting of six members. The board of directors consists of two representatives each from Clemson University, the Medical University of South Carolina, and the University of South Carolina, to be appointed by the respective university presidents and to serve at their pleasure. The consortium must be chaired by a member of the board of directors from each member institution on a rotating basis among all institutions for a term of two years.

(C)   Membership on the board is not an office of honor or profit within the meaning of Section 3, Article VI of the Constitution of this State.

(D)   The board shall establish rules of procedure governing its operations and also may establish an executive committee of the board to act in the board's stead in the manner authorized by the full board.

Section 59-151-140.   (A)   The South Carolina LightRail Consortium is declared to be an instrumentality of this State and as such its board of directors has all powers and authority conferred upon public boards generally including the power to contract in its own name, to own property, and to sue and be sued.

(B)   The board shall ensure that the consortium functions in support of its mission and in the best interests of the State and the participating universities. In support of this task, the board shall:

(1)   assist and advise the chairman of the consortium board in matters related to scientific and administrative performance, consortium directions and needs, and government and interinstitutional interactions;

(2)   conduct an annual review of consortium status, activities, and plans to evaluate overall performance relative to its mission and strategic plan and to recommend possible changes to the strategic plan or South Carolina LightRail administration;

(3)   review and approve an annual budget request for the consortium; and

(4)   review the operations of the South Carolina LightRail annually to ensure relevance, to affirm the commitments of the participating institutions, and to confirm continued compliance with the provisions of Section 59-151-115.

(C)   Results of the annual review and budget request must be documented in a letter submitted to the presidents of the three universities.

Section 59-151-150.   (A)   The LightRail Consortium shall receive such funding as may be provided by the General Assembly in the annual general appropriations act, supplemental appropriations act, or in other provisions of law. This funding must be provided to its participating universities for purposes of the LightRail. Funds appropriated to Clemson University, the Medical University of South Carolina, and the University of South Carolina in the 2007-2008 general appropriations act for the South Carolina LightRail Consortium shall continue to be used for those purposes consistent with the requirements of this chapter and other applicable provisions of law.

(B)   The LightRail Consortium shall manage its own funding provided to it by the member institutions, based on a budget prepared and administered by the chairman of the board, and recommended by the board. The consortium funding appropriated to a particular member institution must be administered individually by that institution, except in those instances when consortium actions, services, or activities require joint budget action. Sufficient annual funding to meet the strategic and operational needs of South Carolina LightRail Consortium is the joint and co-equal responsibility of the member institutions, and the responsibility of each member institution to provide such funding must be determined annually by the board upon agreement of the institutions concerned.

Section 59-151-160.   The value of gifts, in-kind services, grants, appropriations, or other financial considerations directed to a single university for the primary purpose of support for South Carolina LightRail Consortium must be administered and accounted for in accordance with the policies of the recipient university. The value of gifts, in-kind services, grants, appropriations, or other financial considerations directed jointly to the three universities through the consortium must be divided into three equal shares, unless otherwise specified by a donor, and must be administered and accounted for by each recipient university in accordance with the policies of that university.

Section 59-151-170.   (A)   By unanimous vote, the three charter member institutions of the consortium shall create other categories of membership and include other institutions or organizations as consortium members, consistent with the mission and goals of the consortium.

(B)   New members may be admitted to the consortium at one of two levels: voting or nonvoting participation. The charter member institutions shall establish the financial commitments new members must meet at each of the two levels. The charter member institutions also may establish differential fee structures for not-for-profit and for-profit entities.

(C)   The board of directors must be expanded by one seat for each new voting member of the consortium admitted as provided in this section, the board member to be designated by the president of the newly admitted entity. Participatory, nonvoting members may form an advisory committee to provide advice and counsel to the board of directors on matters pertaining to current operations and future strategies of South Carolina LightRail Consortium.

(D)   Upon unanimous vote, the board of directors may include ex officio, nonvoting members at its discretion.

Section 59-151-180.   The South Carolina LightRail Consortium is considered a public body and as such is subject to all provisions of state law, including the Freedom of Information Act and state procurement requirements but is exempt from the planning, oversight, and project management regulations of the State Chief Information Officer. Procurement certification limits granted by the State Budget and Control Board are equivalent to the highest limit approved for any of the three charter member institutions. The board of the LightRail Consortium each year by February first shall submit to the chairman of the House Ways and Means Committee and the chairman of the Senate Finance Committee a report specifically identifying each entity with access to the network, the number of persons within each such entity with access to the network and a brief description of the formal documented partnership in which the persons are involved, and any payment, including without limitations, in-kind payment, that each such organization and entity is making for access to the network.

Section 59-151-190.   Upon unanimous vote of the board, the provisions of this chapter may be administratively supplemented by written agreement of all member institutions to reflect global capabilities and opportunities, statewide and institutional goals and resources, and annual assessment results. No such supplementation may be inconsistent with any of the provisions of this chapter."
SECTION   9.   This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.

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

Rep. COOPER proposed the following Amendment No. 2 (Doc Name COUNCIL\BBM\10663HTC08):
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION   1.   Section 2-75-5 of the 1976 Code is amended to read:

"Section 2-75-5.   (A)   This chapter is known and may be cited as the 'South Carolina Research Centers of Economic Excellence Act'.

(B)   The General Assembly finds that:

(1)   it is in the public interest to create incentives for the senior research universities of South Carolina consisting of Clemson University, the Medical University of South Carolina, and the University of South Carolina to raise capital from the private sector to fund endowments for professorships in research areas targeted to create well-paying jobs and enhanced economic opportunities for the people of South Carolina;

(2)   these endowed professorships should be used to recruit and maintain leading scientists and engineers at the senior research universities of South Carolina for the purposes of developing and leveraging the research capabilities of the universities for the creation of well-paying jobs and enhanced economic opportunities in knowledge-based industries for all South Carolinians;

(3)   in communities across the United States in which better paying jobs and enhanced economic development in knowledge-based industries has flourished, the local or state government has created incentives and made a long-term commitment to public and private funding for a significant number of endowments for professorships in targeted knowledge-based industries;

(4)   the South Carolina Education Lottery provides a source of funding and an incentive for the senior research universities to raise, in dollar-for-dollar matching amounts, sums from private nonstate sources sufficient to create endowed professorships;

(5)   these endowed professorships should be awarded to the senior research universities through a competitive application process, provided that the competitive process must encourage the senior research universities to submit cooperative applications with one another as well as in cooperation with other institutions of higher education; and

(6)   these endowed professorships, funded equally from the South Carolina Education Lottery and from other private nonstate sources, provide a foundation for the creation of centers of economic excellence."
SECTION   2.   Section 2-75-10 of the 1976 Code is amended to read:

"Section 2-75-10.   There is created the Research Centers of Excellence Review Board. The review board shall consist of nine eleven members. Of the nine eleven members, three must be appointed by the Governor, three must be appointed by the President Pro Tempore of the Senate, and three must be appointed by the Speaker of the House of Representatives., one by the chairman of the Senate Finance Committee, and one by the chairman of the House Ways and Means Committee. The terms of members are three years and members are eligible to be appointed for no more than two additional terms. Of the members initially appointed by the Governor, the President Pro Tempore, and the Speaker of the House, one shall be appointed for a term of one year, one for a term of two years, and one for a term of three years, the initial term of each member to be designated by the Governor, President Pro Tempore, and Speaker of the House when making the appointments. The Governor, the President Pro Tempore, and the Speaker of the House shall appoint persons with substantial experience in business, law, accounting, technology, manufacturing, engineering, or other professions and experience which provide an understanding of the purposes of this chapter. The review board shall be responsible for providing annually to the Commission on Higher Education a schedule by which applications for funding are received and awarded on a competitive basis, the awarding of matching funds as provided in Section 2-75-60, and for oversight and operation of the fund created by Section 2-75-30. The Members of the review board shall serve without compensation and must provide an annual report by October 1 of each calendar year to the General Assembly as well as the State Budget and Control Board, which shall include an audit performed by an independent auditor. This annual report must include, but not be limited to, a complete accounting for total state appropriations to the endowment and total proposals awarded up to the previous fiscal year."
SECTION   3.   Section 2-75-30 of the 1976 Code is amended to read:

"Section 2-75-30.   (A)   There is created the Centers of Excellence Matching Endowment. The endowment must be funded annually by appropriations from the South Carolina Education Lottery Account in an aggregate amount not to exceed $200,000,000 by 2010 in an amount equal to thirty million dollars annually, except that endowment appropriations for the current fiscal year may not be funded until all state-supported scholarships are fully funded and only if eighty percent of the total state appropriations have been awarded by the review board as of June thirtieth of the previous fiscal year. The total state appropriated funding amount shall include funds that have been returned to the endowment due to a dissolution, withdrawal, or termination of a center of excellence. The fund must be managed by the State Treasurer, subject to awards from the endowment as provided in this chapter. Interest earnings of the endowment must remain in the fund, and may be used at the review board's discretion for additional state awards. Interest earnings are not considered part of the total state appropriations unless used by the review board for additional state awards.

(B)   An endowed chair proposal is considered awarded once a full review process is complete and the review board has voted in an affirmative on each proposal. A full review process shall include the following, but is not limited to:

(1)   a technical and scientific review of each proposal. The three research universities shall work with the review board staff to nominate reviewers. The review board staff shall select no fewer than five technical reviewers to review each proposal, and a minimum of three technical and scientific reviews must be received by the review board staff for each proposal. The review board staff shall determine an appropriate number of technical reviewers and scientific and technical reviews. The review board staff shall limit the number of university-nominated reviewers to two per proposal;

(2)   an on-site review of each proposal. The review board staff shall contract with a minimum of five out-of-state expert reviewers, to include individuals with expertise in economic development as well as in appropriate scientific disciplines, to serve on a site review team that shall visit each of the research universities. The review board staff shall determine an appropriate number of expert reviewers. The on-site review team shall interview relevant investigators and other university personnel regarding proposals and shall have access to collected scientific and technical reviews as well as other materials germane to the proposed projects. The on-site review team shall evaluate the proposals using an approved set of metrics; each recommendation must include a detailed narrative which explains the on-site review team's recommendations; and

(3)   a presentation of findings. The on-site review team shall present its findings to the review board, which shall make final decisions on awards. The on-site review team shall recommend an appropriate level of funding to achieve successfully the stated goals of each project. The review board shall consider these recommendations in determining award amounts for each project."
SECTION   4.   Section 2-75-50 of the 1976 Code is amended to read:

"Section 2-75-50.   (A)   An application for an award from the endowment shall:

(1)   provide to the review board documentation of private matching funds, on hand, in an amount equal to the amount for which application is made;

(2)   provide to the review board documentation that all matching funds have been committed and raised exclusively from sources other than South Carolina tax dollars, and that the funds have been committed and raised after January 1, 2002;

(3)   be in an amount of not less than two million dollars and not more than five million dollars;

(4)   document that the application has significant potential to provide for enhanced economic development for the citizens of South Carolina in a specified knowledge-based industry or field of commerce; and

(5)   provide specific partnering activities with other institutions, businesses, or the community.

(B)   Eligible research universities are strongly encouraged to partner with other South Carolina colleges and universities to develop proposals to enhance the economic competitiveness of our State and to enhance science and engineering through collaborations in related disciplines."
SECTION   5.   Section 2-75-90 of the 1976 Code, as added by Act 187 of 2004, is amended to read:

"Section 2-75-90.   (A)   Notwithstanding the provisions of Sections 2-75-05(B)(4) and (6) and 2-75-50, To meet the endowed professorships matching requirement of those provisions, a research university may use funds specifically provided for use in the areas provided in subsection (B) that are derived from private or federal government sources, excluding state appropriations to the institution, tuition, or fees. Subject to the restrictions in subsection (B), only federal dollars received after July 1, 2003, may be used to meet the endowed professorships matching requirement.

(B)   The matching funds in subsection (A) may be used only in the areas of Engineering, Nanotechnology, Biomedical Sciences, Energy Sciences, Environmental Sciences, Information and Management Sciences, and for other sciences and research that create well-paying jobs and enhanced economic opportunities for the people of South Carolina and that are approved by the Research Centers of Excellence Review Board."
SECTION   6.   Chapter 75, Title 2 of the 1976 Code is amended by adding:

"Section 2-75-100.   (A)   The review board may, at its discretion, permit the senior research universities to utilize a portion of the nonstate matching funds of any single award to pay for initial operating costs including, but not limited to, infrastructure improvement, purchase of equipment, and payment of salaries for junior faculty, researchers, technicians, and other support staff directly associated with the establishment of the professorship's research efforts and the creation of the center of economic excellence which the professorship serves. The portion established by the review board must apply equally to all of the senior research universities' centers of economic excellence and endowed professorships created under this act. The portion established by the review board may be modified by the review board in order to facilitate program success.

(B   The full amount of every state award, with the exception of programmatic support proposals, must be placed into and remain in endowment. Should a center of economic excellence be dissolved, withdrawn, or otherwise terminated, the entirety of the state award which has been drawn by the institution must be returned to the Centers of Excellence Matching Endowment."
SECTION   7.   Chapter 75, Title 2 of the 1976 Code is amended by adding:

"Section 2-75-110.   In addition to accepting and applying nonstate funds, as stipulated in Section 2-75-90(A), to meet the matching requirement of each state award, a senior research university may accept and apply cash equivalent and in-kind donations from nonstate sources. Such donations must directly impact and promote the research of the endowed professorship and the center of economic excellence which the professorship serves. Such donations may include, but are not limited to, donated or rent-discounted laboratory, and research facility space; buildings, including sale-lease back; equipment; furnishings; and infrastructure upgrades. The value of each cash equivalent or in-kind donations must be determined using standard accounting methods and a cost share accounting policy established by the review board. The total value of cash equivalent and in-kind donations applicable per award may not exceed the portion of nonstate matching funds available for non-endowment use established by the board. Cash equivalent and in-kind donations may only be applied if received by a senior research university after July 1, 2002."
SECTION   8.   Title 59 of the 1976 Code is amended by adding:

Section 59-151-100.   (A)   The General Assembly declares that by this chapter it is establishing the South Carolina LightRail Consortium in response to growing demand for South Carolina academic institutions to expand their capacity for high speed, highly available bandwidth across the State, nation, and world in support of their missions, and to connect directly to national and regional networks for purposes directly related to their missions.

(B)   For this purpose, the South Carolina LightRail shall provide facilities-based advanced high performance communications infrastructure in support of the missions of the South Carolina academic institutions that are members of the South Carolina LightRail Consortium. The General Assembly declares its intent that this infrastructure must not compete with the commercial communications or information offerings of private sector participants.

(C)   The goal of the South Carolina LightRail Consortium is to promote collaboration among participating clinical, research, and educational institutions throughout the State, region, and nation to accomplish the objectives stated above.

Section 59-151-110.   (A)   For purposes of this chapter, the South Carolina LightRail is defined as a communication grid network where the South Carolina academic institutions that are members of the South Carolina LightRail Consortium, and private organizations and entities as permitted by subsection (C) of this section tap into facilities-based fiber optic including, the National Lambda Rail, Internet2, TeraGrid, and other regional and national networks which carry high volumes of data at high speed allowing faculty members at participating institutions in different locations to collaborate in real time.

(B)   The South Carolina LightRail is to be used as an academic network for the use of the South Carolina academic institutions that are members of the South Carolina LightRail Consortium for the exchange of information directly related to their missions and must not carry commercial traffic, commercial internet traffic, or K-12 traffic originated in South Carolina. Occasional and incidental use of the network by persons appropriately granted access to the network for purposes that are not directly related to the missions of the participating academic institutions is not considered a violation of this subsection.

(C)   Private organizations and entities may be provided access to the network only through formal documented partnerships with one or more of the South Carolina academic institutions that are members of the South Carolina LightRail Consortium that are directly related to the missions of the partnering institutions. This access must be consistent with guidelines and procedures approved by the consortium board. These guidelines and procedures, at a minimum, shall comply with the provisions of Section 59-151-115.

Section 59-151-115.   (A)   Prior to allowing any university employee or student access to the network, the board must adopt guidelines and procedures which, at a minimum, ensure that:

(1)   access to the network is limited to specific university employees and specific university students who have direct involvement in one or more formal documented partnerships that meet the requirements of Section 59-151-110(C);

(2)   these university employees and university students cease to have access to the network once they are no longer directly involved in such a formal documented partnership; and

(3)   the access to the network does not compete with the commercial communications or information offerings of private sector participants.

(B)   Prior to allowing any private organization or entity access to the network, the board must adopt guidelines and procedures which, at a minimum, ensure that:

(1)   access to the network is limited to specified employees of these private organizations or entities who have direct involvement in one or more formal documented partnerships that meet the requirements of Section 59-151-110(C);

(2)   these employees cease to have access to the network once they are no longer directly involved in such a formal documented partnership;

(3)   the access to the network does not compete with the commercial communications or information offerings of private sector participants; and

(4)   any South Carolina commercial entity has a separate commodity internet connection for its routine operations.

(C)   For purposes of this section, occasional and incidental use of the network by persons appropriately granted such access to the network for purposes that are not directly related to the missions of the participating institutions is not considered as competing with the commercial communications or information offerings of private sector participants.

Section 59-151-120.   Clemson University, the Medical University of South Carolina, and the University of South Carolina in Columbia are designated as the three charter member institutions of the South Carolina LightRail Consortium and through the consortium are directed to plan, procure, administer, oversee, and manage all functions associated with the South Carolina LightRail.

Section 59-151-130.   (A)   The South Carolina LightRail Consortium must be a joint venture exclusively among the three member universities, with administrative support to be provided by an appropriate department within one or more of the universities to include procurement, accounts payable, accounts receivable, web design and hosting, and similar administrative or technical support functions.

(B)   The South Carolina LightRail Consortium must be governed by a board of directors consisting of six members. The board of directors consists of two representatives each from Clemson University, the Medical University of South Carolina, and the University of South Carolina, to be appointed by the respective university presidents and to serve at their pleasure. The consortium must be chaired by a member of the board of directors from each member institution on a rotating basis among all institutions for a term of two years.

(C)   Membership on the board is not an office of honor or profit within the meaning of Section 3, Article VI of the Constitution of this State.

(D)   The board shall establish rules of procedure governing its operations and also may establish an executive committee of the board to act in the board's stead in the manner authorized by the full board.

Section 59-151-140.   (A)   The South Carolina LightRail Consortium is declared to be an instrumentality of this State and as such its board of directors has all powers and authority conferred upon public boards generally including the power to contract in its own name, to own property, and to sue and be sued.

(B)   The board shall ensure that the consortium functions in support of its mission and in the best interests of the State and the participating universities. In support of this task, the board shall:

(1)   assist and advise the chairman of the consortium board in matters related to scientific and administrative performance, consortium directions and needs, and government and interinstitutional interactions;

(2)   conduct an annual review of consortium status, activities, and plans to evaluate overall performance relative to its mission and strategic plan and to recommend possible changes to the strategic plan or South Carolina LightRail administration;

(3)   review and approve an annual budget request for the consortium; and

(4)   review the operations of the South Carolina LightRail annually to ensure relevance, to affirm the commitments of the participating institutions, and to confirm continued compliance with the provisions of Section 59-151-115.

(C)   Results of the annual review and budget request must be documented in a letter submitted to the presidents of the three universities.

Section 59-151-150.   (A)   The LightRail Consortium shall receive such funding as may be provided by the General Assembly in the annual general appropriations act, supplemental appropriations act, or in other provisions of law. This funding must be provided to its participating universities for purposes of the LightRail. Funds appropriated to Clemson University, the Medical University of South Carolina, and the University of South Carolina in the 2007-2008 general appropriations act for the South Carolina LightRail Consortium shall continue to be used for those purposes consistent with the requirements of this chapter and other applicable provisions of law.

(B)   The LightRail Consortium shall manage its own funding provided to it by the member institutions, based on a budget prepared and administered by the chairman of the board, and recommended by the board. The consortium funding appropriated to a particular member institution must be administered individually by that institution, except in those instances when consortium actions, services, or activities require joint budget action. Sufficient annual funding to meet the strategic and operational needs of South Carolina LightRail Consortium is the joint and co-equal responsibility of the member institutions, and the responsibility of each member institution to provide such funding must be determined annually by the board upon agreement of the institutions concerned.

Section 59-151-160.   The value of gifts, in-kind services, grants, appropriations, or other financial considerations directed to a single university for the primary purpose of support for South Carolina LightRail Consortium must be administered and accounted for in accordance with the policies of the recipient university. The value of gifts, in-kind services, grants, appropriations, or other financial considerations directed jointly to the three universities through the consortium must be divided into three equal shares, unless otherwise specified by a donor, and must be administered and accounted for by each recipient university in accordance with the policies of that university.

Section 59-151-170.   (A)   By unanimous vote, the three charter member institutions of the consortium shall create other categories of membership and include other institutions or organizations as consortium members, consistent with the mission and goals of the consortium.

(B)   New members may be admitted to the consortium at one of two levels: voting or nonvoting participation. The charter member institutions shall establish the financial commitments new members must meet at each of the two levels. The charter member institutions also may establish differential fee structures for not-for-profit and for-profit entities.

(C)   The board of directors must be expanded by one seat for each new voting member of the consortium admitted as provided in this section, the board member to be designated by the president of the newly admitted entity. Participatory, nonvoting members may form an advisory committee to provide advice and counsel to the board of directors on matters pertaining to current operations and future strategies of South Carolina LightRail Consortium.

(D)   Upon unanimous vote, the board of directors may include ex officio, nonvoting members at its discretion.

Section 59-151-180.   The South Carolina LightRail Consortium is considered a public body and as such is subject to all provisions of state law, including the Freedom of Information Act and state procurement requirements but is exempt from the planning, oversight, and project management regulations of the State Chief Information Officer. Procurement certification limits granted by the State Budget and Control Board are equivalent to the highest limit approved for any of the three charter member institutions. The board of the LightRail Consortium each year by February first shall submit to the chairman of the House Ways and Means Committee and the chairman of the Senate Finance Committee a report specifically identifying each entity with access to the network, the number of persons within each such entity with access to the network and a brief description of the formal documented partnership in which the persons are involved, and any payment, including without limitations, in-kind payment, that each such organization and entity is making for access to the network.

Section 59-151-190.   Upon unanimous vote of the board, the provisions of this chapter may be administratively supplemented by written agreement of all member institutions to reflect global capabilities and opportunities, statewide and institutional goals and resources, and annual assessment results. No such supplementation may be inconsistent with any of the provisions of this chapter."
SECTION   9.   If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.
SECTION   10.   This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.

Rep. COOPER explained the amendment.

Further proceedings were interrupted by expiration of time on the uncontested Calendar, the pending question being consideration of Amendment No. 2.

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

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

H. 5186 (Word version) -- Reps. G. M. Smith, Weeks and G. Brown: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF SOUTH CAROLINA HIGHWAY 261 IN SUMTER COUNTY FROM ITS INTERSECTION WITH UNITED STATES HIGHWAY 76/378 TO THE SUMTER/KERSHAW COUNTY LINE THE "MAJOR GENERAL GEORGE L. MABRY, JR., CONGRESSIONAL MEDAL OF HONOR RECIPIENT MEMORIAL HIGHWAY" AND ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS PORTION OF HIGHWAY THAT CONTAIN THE WORDS "MAJOR GENERAL GEORGE L. MABRY, JR., CONGRESSIONAL MEDAL OF HONOR RECIPIENT MEMORIAL HIGHWAY".
Ordered for consideration tomorrow.

The following was introduced:

H. 5195 (Word version) -- Rep. Duncan: A HOUSE RESOLUTION TO RECOGNIZE AND COMMEND THE LAURENS ACADEMY BASEBALL TEAM FOR ITS OUTSTANDING SEASON AND FOR CAPTURING THE 2008 SOUTH CAROLINA INDEPENDENT SCHOOL ASSOCIATION CLASS A STATE CHAMPIONSHIP TITLE.

The Resolution was adopted.

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

H. 5196 (Word version) -- Rep. Duncan: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE LAURENS ACADEMY BASEBALL 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 2008 SOUTH CAROLINA INDEPENDENT SCHOOL ASSOCIATION CLASS A 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 Laurens Academy baseball 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 2008 South Carolina Independent School Association Class A State Championship title.

The Resolution was adopted.

The following was introduced:

H. 5197 (Word version) -- Reps. G. Brown, Weeks, G. M. Smith, J. H. Neal and Lowe: A HOUSE RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE HOUSE OF REPRESENTATIVES UPON THE DEATH OF SERGEANT CARL WESLEY PRINGLE OF SUMTER COUNTY AND TO EXTEND TO HIS FAMILY AND MANY FRIENDS THEIR DEEPEST SYMPATHY.

The Resolution was adopted.

The following was introduced:

H. 5198 (Word version) -- Rep. Davenport: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION ERECT SIGNS IN SPARTANBURG COUNTY AT THE INTERSECTION OF SOUTH CAROLINA HIGHWAY 9 AND OLD FURNACE ROAD AND AT THE INTERSECTION OF SOUTH CAROLINA HIGHWAY 9 AND INTERSTATE HIGHWAY 85 THAT CONTAIN THE WORDS "BOILING SPRINGS HOME OF THE BOILING SPRINGS HIGH SCHOOL BULLDOGS 2008 CLASS AAAA STATE BASEBALL CHAMPIONS".
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

Rep. SCOTT moved to adjourn debate upon the following Bill until Tuesday, May 27, which was adopted:

S. 1221 (Word version) -- Senators Hutto and Massey: A BILL TO AMEND ARTICLE 3, CHAPTER 3, TITLE 22 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, AS AMENDED, RELATING TO CIVIL PROCEDURE IN MAGISTRATES COURT, SO AS TO DELETE SECTIONS THAT HAVE BEEN PROVIDED FOR BY THE SOUTH CAROLINA RULES OF MAGISTRATES COURT AND TO RENAME THE ARTICLE TO CONFORM WITH THE REVISIONS.

Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 2:

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

Rep. SCOTT moved to adjourn debate on the Bill.

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

Reps. SCOTT, GOVAN, WHIPPER, MACK, HODGES, R. BROWN and HOSEY requested debate on the Bill.

The following Bill was taken up:

S. 1050 (Word version) -- Senators Verdin and Ryberg: A BILL TO AMEND CHAPTER 3, TITLE 56 OF THE 1976 CODE, TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES MAY ISSUE OPERATION DESERT STORM-DESERT SHIELD VETERANS LICENSE PLATES, OPERATION ENDURING FREEDOM VETERANS LICENSE PLATES, AND OPERATION IRAQI FREEDOM VETERANS LICENSE PLATES.

The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\SWB\5558CM08), which was tabled:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION   1.   Chapter 3, Title 56 of the 1976 Code is amended by adding:

Section 56-3-10110.   (A)   The department may issue 'Operation Desert Storm-Desert Shield Veteran' special motor vehicle license plates to owners of private passenger-carrying motor vehicles or light pickups as defined in Section 56-3-630 registered in their names who are veterans of Operation Desert Storm-Desert Shield who served on active duty in the Persian Gulf at anytime during the period of August 2, 1990, to February 28, 1991. The motor vehicle owner must present the department with a DD214, or other official documentation that states that he served on active duty during Operation Desert Storm-Desert Shield, along with his application for this special license plate. The special license plate may have imprinted on it an emblem, a seal, or other symbol that honors veterans of Operation Desert Storm-Desert Shield. The special license plate must be issued or revalidated for a biennial period which expires twenty-four months from the month it is issued. The fee for this special license plate is the regular motor vehicle registration fee contained in Article 5, Chapter 3 of this title and a special motor vehicle license fee of twenty dollars.

(B)   Notwithstanding any other provision of law, from the fees collected pursuant to this section, the Comptroller General shall place sufficient funds into a special restricted account to be used by the Department of Motor Vehicles to defray the expenses of the department in producing and administering the special license plates. The remaining funds collected from the special motor vehicle license fee must be placed in the state's general fund.

(C)   The guidelines for the production of a special license plate under this section must meet the requirements of Section 56-3-8100."
SECTION   2.   Chapter 3, Title 56 of the 1976 Code is amended by adding:

Section 56-3-10210.   (A)   The department may issue 'Operation Enduring Freedom Veteran' special motor vehicle license plates to owners of private passenger-carrying motor vehicles or light pickups as defined in Section 56-3-630 registered in their names who are veterans of Operation Enduring Freedom who served on active duty fighting against terrorism at anytime following September 11, 2001, until the operation is completed. The motor vehicle owner must present the department with a DD214, or other official documentation that states that he served on active duty during Operation Enduring Freedom, along with his application for this special license plate. The special license plate may have imprinted on it an emblem, a seal, or other symbol that honors veterans of Operation Enduring Freedom. The special license plate must be issued or revalidated for a biennial period which expires twenty-four months from the month it is issued. The fee for this special license plate is the regular motor vehicle registration fee contained in Article 5, Chapter 3 of this title and a special motor vehicle license fee of twenty dollars.

(B)   Notwithstanding any other provision of law, from the fees collected pursuant to this section, the Comptroller General shall place sufficient funds into a special restricted account to be used by the Department of Motor Vehicles to defray the expenses of the department in producing and administering the special license plates. The remaining funds collected from the special motor vehicle license fee must be placed in the state's general fund.

(C)   The guidelines for the production of a special license plate under this section must meet the requirements of Section 56-3-8100."
SECTION   3.   Chapter 3, Title 56 of the 1976 Code is amended by adding:

Section 56-3-10310.   (A)   The department may issue 'Operation Iraqi Freedom Veteran' special motor vehicle license plates to owners of private passenger-carrying motor vehicles or light pickups as defined in Section 56-3-630 registered in their names who are veterans of Operation Iraqi Freedom who served on active duty in Iraq or the Persian Gulf at anytime from March 20, 2003, until the operation is completed. The motor vehicle owner must present the department with a DD214, or other official documentation that states that he served on active duty in Iraq during Operation Iraqi Freedom, along with his application for this special license plate. The special license plate may have imprinted on it an emblem, a seal, or other symbol that honors veterans of Operation Iraqi Freedom. The special license plate must be issued or revalidated for a biennial period which expires twenty-four months from the month it is issued. The fee for this special license plate is the regular motor vehicle registration fee contained in Article 5, Chapter 3 of this title and a special motor vehicle license fee of twenty dollars.

(B)   Notwithstanding any other provision of law, from the fees collected pursuant to this section, the Comptroller General shall place sufficient funds into a special restricted account to be used by the Department of Motor Vehicles to defray the expenses of the department in producing and administering the special license plates. The remaining funds collected from the special motor vehicle license fee must be placed in the state's general fund.

(C)   The guidelines for the production of a special license plate under this section must meet the requirements of Section 56-3-8100."
SECTION   4.   Chapter 3, Title 56 of the 1976 Code is amended by adding:

Section 56-3-10410.   (A)   The department may issue a 'Veteran' special motor vehicle license plate for use on a private passenger motor vehicle or motorcycle registered in a person's name in this State who served in the United States Armed Forces, active or reserve components, and who was honorably discharged from service. An application for this special motor vehicle license plate must include official military documentation showing the applicant was honorably discharged from service. Only two plates may be issued to a person.

(B)   The requirements for production and distribution of the plate are those set forth in Section 56-3-8100. The biennial fee for this plate is the regular registration fee set forth in Article 5, Chapter 3 of this title. The Department of Motor Vehicles shall imprint the special license plates with the word 'Veteran', with numbers the department may determine.

(C)   A license plate issued pursuant to this article may be transferred to another vehicle of the same weight class owned by the same person upon application being made and being approved by the Department of Motor Vehicles. It is unlawful for a person to whom the plate has been issued to knowingly permit it to be displayed on any vehicle except the one authorized by the department.

(D)   The provisions of this article do not affect the registration and licensing of motor vehicles as required by other provisions of this chapter but are cumulative to those other provisions. A person violating the provisions of this article or a person who (A) fraudulently gives false or fictitious information in any application for a special license plate, as authorized in this article, (B) conceals a material fact, or (C) otherwise commits fraud in the application or in the use of a special license plate issued is guilty of a misdemeanor and, upon conviction, must be punished by a fine of not more than one hundred dollars or by imprisonment for not more than thirty days, or both.
SECTION   5.   Chapter 3, Title 56 of the 1976 Code is amended by adding:

Section 56-3-10110.   The Department of Motor Vehicles may issue 'I Believe' special motor vehicle license plates to owners of private motor vehicles registered in their names. The plate must contain the words 'I Believe' and a cross superimposed on a stained glass window. The biennial fee for this special license plate is the same as the fee provided in Article 5, Chapter 3 of this title. The guidelines for the production of this special license plate must meet the requirements contained in Section 56-3-8100."
SECTION   6.   This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.

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

The Education and Public Works Committee proposed the following Amendment No. 1A (Doc Name COUNCIL\NBD\12373AC08), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION   1.   Chapter 3, Title 56 of the 1976 Code is amended by adding:

Section 56-3-10110.   (A)   The department may issue 'Operation Desert Storm-Desert Shield Veteran' special motor vehicle license plates to owners of private passenger-carrying motor vehicles or light pickups as defined in Section 56-3-630 registered in their names who are veterans of Operation Desert Storm-Desert Shield who served on active duty in the Persian Gulf at anytime during the period of August 2, 1990, to February 28, 1991. The motor vehicle owner must present the department with a DD214, or other official documentation that states that he served on active duty during Operation Desert Storm-Desert Shield, along with his application for this special license plate. The special license plate may have imprinted on it an emblem, a seal, or other symbol that honors veterans of Operation Desert Storm-Desert Shield. The special license plate must be issued or revalidated for a biennial period which expires twenty-four months from the month it is issued. The fee for this special license plate is the regular motor vehicle registration fee contained in Article 5, Chapter 3 of this title and a special motor vehicle license fee of twenty dollars.

(B)   Notwithstanding any other provision of law, from the fees collected pursuant to this section, the Comptroller General shall place sufficient funds into a special restricted account to be used by the Department of Motor Vehicles to defray the expenses of the department in producing and administering the special license plates. The remaining funds collected from the special motor vehicle license fee must be placed in the state's general fund.

(C)   The guidelines for the production of a special license plate under this section must meet the requirements of Section 56-3-8100."
SECTION   2.   Chapter 3, Title 56 of the 1976 Code is amended by adding:

Section 56-3-10210.   (A)   The department may issue 'Operation Enduring Freedom Veteran' special motor vehicle license plates to owners of private passenger-carrying motor vehicles or light pickups as defined in Section 56-3-630 registered in their names who are veterans of Operation Enduring Freedom who served on active duty fighting against terrorism at anytime following September 11, 2001, until the operation is completed. The motor vehicle owner must present the department with a DD214, or other official documentation that states that he served on active duty during Operation Enduring Freedom, along with his application for this special license plate. The special license plate may have imprinted on it an emblem, a seal, or other symbol that honors veterans of Operation Enduring Freedom. The special license plate must be issued or revalidated for a biennial period which expires twenty-four months from the month it is issued. The fee for this special license plate is the regular motor vehicle registration fee contained in Article 5, Chapter 3 of this title and a special motor vehicle license fee of twenty dollars.

(B)   Notwithstanding any other provision of law, from the fees collected pursuant to this section, the Comptroller General shall place sufficient funds into a special restricted account to be used by the Department of Motor Vehicles to defray the expenses of the department in producing and administering the special license plates. The remaining funds collected from the special motor vehicle license fee must be placed in the state's general fund.

(C)   The guidelines for the production of a special license plate under this section must meet the requirements of Section 56-3-8100."
SECTION   3.   Chapter 3, Title 56 of the 1976 Code is amended by adding:

Section 56-3-10310.   (A)   The department may issue 'Operation Iraqi Freedom Veteran' special motor vehicle license plates to owners of private passenger-carrying motor vehicles or light pickups as defined in Section 56-3-630 registered in their names who are veterans of Operation Iraqi Freedom who served on active duty in Iraq or the Persian Gulf at anytime from March 20, 2003, until the operation is completed. The motor vehicle owner must present the department with a DD214, or other official documentation that states that he served on active duty in Iraq during Operation Iraqi Freedom, along with his application for this special license plate. The special license plate may have imprinted on it an emblem, a seal, or other symbol that honors veterans of Operation Iraqi Freedom. The special license plate must be issued or revalidated for a biennial period which expires twenty-four months from the month it is issued. The fee for this special license plate is the regular motor vehicle registration fee contained in Article 5, Chapter 3 of this title and a special motor vehicle license fee of twenty dollars.

(B)   Notwithstanding any other provision of law, from the fees collected pursuant to this section, the Comptroller General shall place sufficient funds into a special restricted account to be used by the Department of Motor Vehicles to defray the expenses of the department in producing and administering the special license plates. The remaining funds collected from the special motor vehicle license fee must be placed in the state's general fund.

(C)   The guidelines for the production of a special license plate under this section must meet the requirements of Section 56-3-8100."
SECTION   4.   Chapter 3, Title 56 of the 1976 Code is amended by adding:

Section 56-3-10410.   (A)   The department may issue a 'Veteran' special motor vehicle license plate for use on a private passenger motor vehicle or motorcycle registered in a person's name in this State who served in the United States Armed Forces, active or reserve components, and who was honorably discharged from service. An application for this special motor vehicle license plate must include official military documentation showing the applicant was honorably discharged from service. Only two plates may be issued to a person.

(B)   The requirements for production and distribution of the plate are those set forth in Section 56-3-8100. The biennial fee for this plate is the regular registration fee set forth in Article 5, Chapter 3 of this title. The Department of Motor Vehicles shall imprint the special license plates with the word 'Veteran', with numbers the department may determine.

(C)   A license plate issued pursuant to this article may be transferred to another vehicle of the same weight class owned by the same person upon application being made and being approved by the Department of Motor Vehicles. It is unlawful for a person to whom the plate has been issued to knowingly permit it to be displayed on any vehicle except the one authorized by the department.

(D)   The provisions of this article do not affect the registration and licensing of motor vehicles as required by other provisions of this chapter but are cumulative to those other provisions. A person violating the provisions of this article or a person who (A) fraudulently gives false or fictitious information in any application for a special license plate, as authorized in this article, (B) conceals a material fact, or (C) otherwise commits fraud in the application or in the use of a special license plate issued is guilty of a misdemeanor and, upon conviction, must be punished by a fine of not more than one hundred dollars or by imprisonment for not more than thirty days, or both.
SECTION   5.   Section 56-3-8000(A) of the 1976 Code, as last amended by Act 398 of 2006, is further amended to read:

"(A)   The Department of Motor Vehicles may issue special motor vehicle license plates to owners of private passenger motor vehicles registered in their names which may have imprinted on the plate the emblem, a seal, or other symbol the department considers appropriate of an organization which has obtained certification pursuant to either Section 501(C)(3), 501(C)(6), 501(C)(7), or 501(C)(8) of the Federal Internal Revenue Code and maintained this certification for a period of five years. The biennial fee for this special license plate is the regular registration fee set forth in Article 5, Chapter 3 of this title plus an additional fee to be requested by the individual or organization seeking issuance of the plate. The initial fee amount requested may be changed only every five years from the first year the plate is issued. Of the additional fee collected pursuant to this section, the Comptroller General shall place sufficient funds into a special restricted account to be used by the Department of Motor Vehicles to defray the expenses of producing and administering special license plates. Any of the remaining fee not placed in the restricted account must be distributed to an organization designated by the individual or organization seeking issuance of the license plate. The special license plate must be issued or revalidated for a biennial period which expires twenty-four months from the month it is issued."
SECTION   6.   Chapter 3, Title 56 of the 1976 Code is amended by adding:

Section 56-3-10110.   The Department of Motor Vehicles may issue 'I Believe' special motor vehicle license plates to owners of private motor vehicles registered in their names. The plate must contain the words 'I Believe' and a cross superimposed on a stained glass window. The biennial fee for this special license plate is the same as the fee provided in Article 5, Chapter 3 of this title. The guidelines for the production of this special license plate must meet the requirements contained in Section 56-3-8100."
SECTION   7.   This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.

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

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

Rep. MCLEOD proposed the following Amendment No. 2 (Doc Name COUNCIL\BBM\10656HTC08), which was tabled:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION   __.   Section 56-3-1230(A) of the 1976 Code, as last amended by Act 57 of 2005, is further amended by adding a new paragraph at the end of the subsection to read:

"Beginning with the newly designed standard license plates issued after 2008, a standard license plate must display the name of the county in which the vehicle is registered and property tax is paid. The county treasurer's office shall distribute a county-name decal with the paid property tax receipt when the property tax is paid on a vehicle. The county-name decal must be placed on the standard license plate issued by the Department of Public Safety. The department shall produce and furnish the county-name decals to the county treasurers' offices for distribution." /
Renumber sections to conform.
Amend title to conform.

Rep. MCLEOD explained the amendment.

Rep. DUNCAN raised the Point of Order that Amendment No. 2 was out of order in that it was not germane to the Bill.
SPEAKER HARRELL stated that the Amendment would not have been germane to the original Bill, but was germane to the Bill, as it had been amended by the committee report. He, therefore, overruled the Point of Order.

Rep. DUNCAN raised the Point of Order that the Bill was out of order under Rule 5.13 in that there was no fiscal impact statement attached to the Bill.
SPEAKER HARRELL stated that a fiscal impact statement was attached to the Bill and he overruled the Point of Order.

Rep. MCLEOD continued speaking.
Rep. MILLER spoke in favor of the amendment.

Rep. DUNCAN moved to table the amendment.

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

Those who voted in the affirmative are:

Bannister              Barfield               Battle
Bedingfield            Bingham                Bowen
Bowers                 Brady                  Cato
Chalk                  Clemmons               Crawford
Daning                 Dantzler               Davenport
Delleney               Duncan                 Erickson
Frye                   Gambrell               Gullick
Hagood                 Haley                  Hamilton
Hardwick               Harrell                Harrison
Hiott                  Kelly                  Knight
Leach                  Loftis                 Lowe
Lucas                  Mahaffey               Merrill
Mulvaney               Owens                  Perry
Pinson                 E. H. Pitts            M. A. Pitts
Rice                   Sandifer               Shoopman
Simrill                Skelton                D. C. Smith
G. M. Smith            G. R. Smith            J. R. Smith
Spires                 Stewart                Talley
Thompson               Toole                  Umphlett
Walker                 White                  Whitmire
Witherspoon            Young

Those who voted in the negative are:

Allen                  Anthony                Bales
Brantley               Breeland               G. Brown
R. Brown               Clyburn                Cobb-Hunter
Coleman                Funderburk             Govan
Hart                   Harvin                 Hayes
Hodges                 Hosey                  Howard
Hutson                 Jennings               Kennedy
Kirsh                  Limehouse              McLeod
Miller                 Mitchell               Moss
J. H. Neal             J. M. Neal             Neilson
Ott                    Parks                  Phillips
Scott                  Sellers                J. E. Smith
Stavrinakis            Vick                   Weeks
Williams

So, the amendment was tabled.

Rep. DUNCAN proposed the following Amendment No. 3 (Doc Name COUNCIL\NBD\12365AC08), which was adopted:
Amend the bill, as and if amended, by adding the following appropriately numbered SECTIONS:
/ SECTION   __.   Chapter 3, Title 56 of the 1976 Code is amended by adding:

Section 56-3-10610.   (A)   The Department of Motor Vehicles may issue 'Silver Star' special license plates to owners of private passenger carrying motor vehicles registered in their names who have been awarded the Silver Star. The motor vehicle owner must present the department with a DD214, or other official documentation that states that the owner received the Silver Star, along with the owner's application for this special license plate. The fee for this special license plate is the regular motor vehicle license fee contained in Article 5, Chapter 3 of this title. The license plates issued pursuant to this section must contain the words 'combat veteran' and an illustration of the Silver Star.

(B)   The production and issuance of this special license plate are exempt from the provisions contained in Section 56-3-8100."
SECTION   __.   Chapter 3, Title 56 of the 1976 Code is amended by adding:

Section 56-3-10710.   (A)   The Department of Motor Vehicles may issue 'Bronze Star' special license plates to owners of private passenger carrying motor vehicles registered in their names who have been awarded the Bronze Star. The motor vehicle owner must present the department with a DD214, or other official documentation that states that the owner received the Bronze Star, along with the owner's application for this special license plate. The fee for this special license plate is the regular motor vehicle license fee contained in Article 5, Chapter 3 of this title. The license plates issued pursuant to this section must contain the words 'combat veteran' and an illustration of the Bronze Star.

(B)   The production and issuance of this special license plate are exempt from the provisions contained in Section 56-3-8100." /
Renumber sections to conform.
Amend title to conform.

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

Rep. HAGOOD proposed the following Amendment No. 4 (Doc Name COUNCIL\NBD\12358AC08), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION   __.   Section 56-3-3310 of the 1976 Code, as last amended by Act 53 of 2005, is further amended to read:

"Section 56-3-3310.   The department may issue a permanent special motor vehicle license plate to a recipient of the Purple Heart for use on a private passenger motor vehicle or motorcycle. The biennial fee for the special license plate is the same as the fee provided in Article 5, Chapter 3 of this title, There is no fee for the license plate, and not more than two license plates may be issued to a person. The application for a special plate must include proof the applicant is a recipient of the Purple Heart."/
Renumber sections to conform.
Amend title to conform.

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

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

On motion of Rep. WALKER, with unanimous consent, it was ordered that S. 1050 (Word version) be read the third time tomorrow.

The SPEAKER granted Rep. JENNINGS a leave of absence for the remainder of the day to attend a funeral.

The following Bill was taken up:

S. 996 (Word version) -- Senators Ceips, Grooms and Cleary: A BILL TO AMEND CHAPTER 15 OF TITLE 57 OF THE 1976 CODE, RELATING TO PROVISIONS AFFECTING FERRIES ONLY, TO PROVIDE THAT THE DEPARTMENT OF TRANSPORTATION IS AUTHORIZED TO ESTABLISH, OPERATE, MAINTAIN, AND SUPERVISE PUBLIC FERRIES CONNECTING PARTS OF THE STATE HIGHWAY SYSTEM, TO PROVIDE THAT THE GOVERNING BODY OF A COUNTY IS AUTHORIZED TO ESTABLISH, OPERATE, MAINTAIN, AND SUPERVISE PUBLIC FERRIES CONNECTING PARTS OF PUBLIC ROADS LOCATED WITHIN THE COUNTY NOT UNDER THE CONTROL OF THE DEPARTMENT OF TRANSPORTATION, TO PROVIDE THAT GOVERNING BODIES OF ADJOINING COUNTIES MAY ENTER INTO AN AGREEMENT TO ESTABLISH, OPERATE, MAINTAIN, AND SUPERVISE PUBLIC FERRIES CONNECTING PARTS OF PUBLIC ROADS THAT LIE WITHIN EACH COUNTY THAT ARE NOT UNDER THE CONTROL OF THE DEPARTMENT OF TRANSPORTATION, TO PROVIDE THAT THE DEPARTMENT OF TRANSPORTATION AND COUNTY GOVERNING BODIES MAY ENTER INTO AGREEMENTS WITH PRIVATE ENTITIES TO FINANCE, IN WHOLE OR IN PART, THE COST OF ACQUIRING, EQUIPPING, MAINTAINING, AND OPERATING A PUBLIC FERRY, TO ESTABLISH CERTAIN MINIMUM SAFETY REQUIREMENTS, TO ALLOW FOR PRIVATE CONTRIBUTIONS FOR FERRY OPERATION AND MAINTENANCE, AND TO PROVIDE FOR A FERRY ON THE INTRACOASTAL WATERWAY IN GEORGETOWN COUNTY.

Rep. MILLER proposed the following Amendment No. 2 (Doc Name COUNCIL\SWB\5567CM08), which was adopted:
Amend the bill, as and if amended, Section 57-15-140, as contained in SECTION 1, by striking Section 57-15-140 and inserting:
/ Section 57-15-140.   (A)   The Department of Transportation shall take over, maintain, and operate the ferry across the intracoastal waterway which traverses State Highway No. 716 which extends from a point on U. S. Highway No. 17, south of Georgetown, in a southeasterly direction, to Winyah Bay, such ferry and its approaches to form a part of State Highway No. 716 in Georgetown County. The provisions of Article 13 of Chapter 5 of this title shall not apply to the operation, repair, or maintenance of any such ferry.

Contributions from private citizens or public or private agencies may be made with respect to defraying the operational or maintenance expenses of such ferry; provided, however, that any such contribution shall in no wise render legally liable or responsible any of the contributors.

(B)   This section is repealed effective July 1, 2009.

(C)   As of the date of repeal, the Department of Transportation will be free of any further obligation to operate the ferry required by this section and it may transfer the ferry vessel free of charge to the Department of Natural Resources for its use or disposition. /
Renumber sections to conform.
Amend title to conform.

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

The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\SWB\5560CM08), which was tabled:
Amend the bill, as and if amended, by striking Section 57-15-140 as contained in SECTION 1, pages 5 and 6 and inserting:
/ Section 57-15-140.   The Department of Transportation shall take over, maintain, and operate the ferry across the intracoastal waterway which traverses State Highway No. 716 which extends from a point on U. S. Highway No. 17, south of Georgetown, in a southeasterly direction, to Winyah Bay, such ferry and its approaches to form a part of State Highway No. 716 in Georgetown County. The provisions of Article 13 of Chapter 5 of this title shall not apply to the operation, repair, or maintenance of any such ferry.

Contributions from private citizens or public or private agencies may be made with respect to defraying the operational or maintenance expenses of such ferry; provided, however, that any such contribution shall in no wise render legally liable or responsible any of the contributors.

Section 57-15-150.   (A)   A study committee is established to study and investigate all feasible options among the parties represented on the committee for the continued maintenance and operation of the ferry across the intracoastal waterway which transverses State Highway No. 716 which extends from a point on U.S. Highway No. 17, south of Georgetown, in a southeasterly direction, to Winyah bay, such ferry and its approaches to form a part of State Highway No. 716 in Georgetown County. At all times, the study committee shall have as its central purpose the resolution of this matter in strict accordance with the provisions set forth in the Last Will and Testament of Tom Yawkey and the purposes for South Island as set forth in it.

(B)   The study committee must be composed of the following five members or their designee:

1.   The Chairman of the Board of Yawkey Foundation I;

2   The Chairman of the Senate Transportation Committee;

3.   The Chairman of the House Education and Public Works Committee;

4.   The Director of the Department of Natural Resources; and

5.   The Secretary of Transportation.

(C)   Vacancies in the membership of the study committee must be filled in the manner of original appointment.

(D)   The study committee shall file a report of its findings, recommendations, and proposed agreements to the President Pro Tempore of the Senate, the Speaker of the House of Representatives, Yawkey Foundation I, the Chairman of the Senate Finance Committee, the Chairman of the House Ways & Means Committee, the South Carolina Department of Natural Resources Board, the South Carolina Department of Transportation Commission, and the members of the Georgetown Legislative Delegation no later than February 1, 2009, at which time the study committee is dissolved.

(E)   The South Carolina Department of Natural Resources and the South Carolina Department of Transportation shall provide staffing for the study committee.

(F)   Notwithstanding the provisions of Section 8-13-770, members of the General Assembly may be appointed to serve on the study committee.

(G)   Members of the study committee may receive per diem, subsistence, and mileage as provided by law. /
Renumber sections to conform.
Amend title to conform.

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

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

On motion of Rep. MILLER, with unanimous consent, it was ordered that S. 996 (Word version) be read the third time tomorrow.

The following Bill was taken up:

S. 605 (Word version) -- Senator Grooms: A BILL TO AMEND SECTION 56-3-1240, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DISPLAY OF A MOTOR VEHICLE LICENSE PLATE, SO AS TO PROVIDE THAT IF A MOTORCYCLE IS EQUIPPED WITH VERTICALLY MOUNTED LICENSE PLATE BRACKETS, ITS LICENSE PLATE MUST BE MOUNTED VERTICALLY WITH ITS TOP FASTENED ALONG ITS RIGHT VERTICAL EDGE.

The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\SWB\5555CM08), which was adopted:
Amend the bill, as and if amended, by adding the following appropriately numbered SECTIONS:
/ SECTION   __.   Section 56-3-3800(A) of the 1976 Code is amended to read:

"(A)   The Department of Motor Vehicles may issue motor vehicle license plates to members of the American Legion for private motor vehicles and motorcycles registered in their names. The fee for this special license plate must be the regular motor vehicle license fee contained in Article 5, Chapter 3 of this title, the special fee required by Section 56-3-2020, and an additional special fee of forty dollars that must be distributed to the South Carolina American Legion. The forty-dollar special fee must be deposited in an account designated by the South Carolina American Legion, and must be used to off-set the expenses associated with the South Carolina Boys and Girls State Program. Notwithstanding any other provision of law, of the fees collected in accordance with Section 56-3-2020 for the special license plate, the Comptroller General shall place sufficient funds into a special restricted account to be used by the Department of Motor Vehicles to defray the expenses of the Department of Motor Vehicles in producing and administering the special plate. The license plates issued pursuant to this section must conform to a design agreed to by the department and the chief executive officer of the organization."
SECTION   __.   Section 56-3-4100(A) of the 1976 Code is amended to read:

"(A)   The Department of Motor Vehicles may issue special motor vehicle license plates to owners of private passenger motor vehicles, or light pickups having an empty weight of seven thousand pounds or less and a gross weight of nine thousand pounds or less, and motorcycles registered in their names which shall have imprinted on the plate the words 'South Carolina Elks Association'. The fee for this special license plate is the regular motor vehicle license fee set forth in Article 5 and the special fee required by Section 56-3-2020. This special license plate must be of the same size and general design of regular motor vehicle license plates. The special license plates must be issued or revalidated for a biennial period which expires twenty-four months from the month they are issued."
SECTION   __.   Section 56-3-4310(A) of the 1976 Code is amended to read:

"(A)   The Department of Motor Vehicles shall issue a special motor vehicle license plate for use on a private passenger motor vehicle vehicles and motorcycles owned by any retired member of the United States Armed Forces who is a resident of this State in accordance with the provisions of this section."
SECTION   __.   Section 56-3-4410(A) of the 1976 Code is amended to read:

"(A)   The Department of Motor Vehicles may issue 'Share the Road' special motor vehicle license plates to owners of private passenger-carrying motor vehicles, or light pickups having an empty weight of seven thousand pounds or less and a gross weight of nine thousand pounds or less, and motorcycles registered in their names which may have imprinted on the plate an emblem, a seal, or other symbol of the Palmetto Cycling Coalition, Inc. The Palmetto Cycling Coalition, Inc. shall submit to the department for its approval the emblem, seal, or other symbol it desires to be used for this special license plate. The Palmetto Cycling Coalition, Inc. may request a change in the emblem, seal, or other symbol not more than once every five years. The special license plate must be issued or revalidated for a biennial period which expires twenty-four months from the month it is issued. The fee for this special license plate is the regular motor vehicle registration fee contained in Article 5, Chapter 3 of this title and a special motor vehicle license fee of thirty dollars."
SECTION   __.   Section 56-3-4800(A) of the 1976 Code, as added by Act 21 of 2005, is amended to read:

"(A)   The department may issue Sons of Confederate Veterans special license plates to owners of private passenger-carrying motor vehicles and motorcycles registered in their names. The fee for each special license plate is thirty dollars every two years in addition to the regular motor vehicle license fee set forth in Article 5, Chapter 3 of this title. Each special license plate must be of the same size and general design of regular motor vehicle license plates. Each special license plate must be issued or revalidated for a biennial period which expires twenty-four months from the month the special license plate is issued."
SECTION   __.   Section 56-3-5400(A) of the 1976 Code, as amended by Act 398 of 2006, is amended to read:

"(A)   The department may issue 'Fraternal Order of Police' special license plates to owners of private passenger motor vehicles and motorcycles registered in their names who are active members in good standing with the Fraternal Order of Police. Identification of current membership must be presented at the time of initial application. The fee for each special license plate is thirty dollars every two years in addition to the regular motor vehicle license fee set forth in Article 5, Chapter 3 of this title. Each special license plate must be of the same size and general design of regular motor vehicle license plates. Each special license plate must be issued or revalidated for a biennial period which expires twenty-four months from the month the special license plate is issued. A person issued a special license plate pursuant to this section who is not or who ceases to be a member of the Fraternal Order of Police must remove the license plate from his vehicle on the date the license plate registration is due for renewal and obtain another valid license plate. A person who knowingly fails to surrender his license plate pursuant to this section is guilty of a misdemeanor and, upon conviction, may be fined one hundred dollars or sentenced to thirty days in jail, or both."
SECTION   __.   Section 56-3-6000(A) of the 1976 Code, as added by Act 158 of 2005, is amended to read:

"(A)   The department may issue special license plates for use on a private passenger motor vehicle vehicles and motorcycles owned or leased by residents of this State which separately honor the United States Army, United States Navy, United States Marines Corps, United States Air Force, and the United States Coast Guard. The biennial fee for the special license plate is the regular motor vehicle license plate fee contained in Article 5, Chapter 3 of this title plus thirty dollars."
SECTION   __.   Section 56-3-7100 of the 1976 Code is amended to read:

"Section 56-3-7100.   The Department of Motor Vehicles may issue special motor vehicle license plates to members of the Shriners for private motor vehicles and motorcycles registered in their names. The fee for the issuance of this special plate must be the regular motor vehicle registration fee set forth in Article 5, Chapter 3 of this title which must be deposited in the state general fund and the special fee required by Section 56-3-2020 which must be deposited with the Department of Revenue. Every five years the department shall assess the cost of production, administration, and issuance of this plate and provide this information to the General Assembly. Only one plate may be issued to a Shriner."
SECTION   __.   Section 56-3-7360 of the 1976 Code, as added by Act 398 of 2006, is amended to read:

"Section 56-3-7360.   The Department of Motor Vehicles may issue 'Korean War Veterans' special license plates to owners of private passenger motor vehicles and motorcycles registered in their names who are Korean War Veterans who served on active duty in Korea at anytime during the Korean War. The applicant must present the department with a DD214 or other official documentation that states that he served on active duty in Korea upon initial application for this special license plate. The requirements for production and distribution of the plate are those set forth in Section 56-3-8100. The biennial fee for this plate is the regular registration fee set forth in Article 5, Chapter 3 of this title plus an additional fee of twenty dollars. Any portion of the additional twenty-dollar fee not set aside by the Comptroller General to defray costs of production and distribution must be distributed to the state general fund."
SECTION   __.   Section 56-3-7780(A) of the 1976 Code, as last amended by Act 158 of 2005, is further amended to read:

"(A)   The department may issue 'Vietnam Veterans' special motor vehicle license plates to owners of private passenger-carrying motor vehicles, or light pickups having an empty weight of seven thousand pounds or less and a gross weight of nine thousand pounds or less, and motorcycles registered in their names who are Vietnam War Veterans who served on active duty in Vietnam at anytime during the period of February 28, 1961, to May 7, 1975. The motor vehicle owner must present the department with a DD214, or other official documentation that states that he was awarded the Vietnam Service Medal or that he served on active duty in Vietnam, along with his application for this special license plate. The special license plate may have imprinted on it an emblem, a seal, or other symbol that honors Vietnam War Veterans. The special license plate must be issued or revalidated for a biennial period which expires twenty-four months from the month it is issued. The fee for this special license plate is the regular motor vehicle registration fee contained in Article 5, Chapter 3 of this title and a special motor vehicle license fee of twenty dollars."
SECTION   __.   Section 56-3-7860 of the 1976 Code is amended to read:

"Section 56-3-7860.   The Department of Motor Vehicles may issue special motor vehicle license plates to members of the Shriners for private motor vehicles and motorcycles registered in their names. The fee for the issuance of this special plate must be the regular motor vehicle registration fee contained in Article 5, Chapter 3 of this title which must be deposited in the state general fund and the special fee required by Section 56-3-2020 which must be deposited with the Department of Motor Vehicles. The department shall assess the cost of production, administration, and issuance of this plate and provide this information to the General Assembly every five years."
SECTION   __.   Section 56-3-8000(A) of the 1976 Code, as last amended by Act 398 of 2006, is further amended to read:

"(A)   The Department of Motor Vehicles may issue special motor vehicle license plates to owners of private passenger motor vehicles and motorcycles registered in their names which may have imprinted on the plate the emblem, a seal, or other symbol the department considers appropriate of an organization which has obtained certification pursuant to either Section 501(C)(3), 501(C)(7), or 501(C)(8) of the Federal Internal Revenue Code and maintained this certification for a period of five years. The biennial fee for this special license plate is the regular registration fee set forth in Article 5, Chapter 3 of this title plus an additional fee to be requested by the individual or organization seeking issuance of the plate. The initial fee amount requested may be changed only every five years from the first year the plate is issued. Of the additional fee collected pursuant to this section, the Comptroller General shall place sufficient funds into a special restricted account to be used by the Department of Motor Vehicles to defray the expenses of producing and administering special license plates. Any of the remaining fee not placed in the restricted account must be distributed to an organization designated by the individual or organization seeking issuance of the license plate. The special license plate must be issued or revalidated for a biennial period which expires twenty-four months from the month it is issued."
SECTION   __.   Section 56-3-8300(A) of the 1976 Code, as last amended by Act 398 of 2006, is further amended to read:

"(A)   The Department of Motor Vehicles may issue special motor vehicle license plates to members of the Marine Corps League for private passenger motor vehicles and motorcycles registered in their names. The fee for this license plate is the fee set forth for special license plates in Section 56-3-8100. Any portion of the additional thirty-dollar fee not set aside by the Comptroller General to defray the costs of production and distribution must be distributed to the South Carolina Department of the Marine Corps League. The license plates issued pursuant to this section must conform to a design agreed to by the department and the chief executive officer of the organization."
SECTION   __.   Section 56-3-9300(A) of the 1976 Code is amended to read:

"(A)   The Department of Motor Vehicles may issue 'United We Stand' special motor vehicle license plates to owners of private passenger-carrying motor vehicles and motorcycles registered in their names. The fee for each special license plate is twenty-five dollars every two years in addition to the regular motor vehicle license fee set forth in Article 5. Each special license plate must be of the same size and general design of regular motor vehicle license plates. Each special license plate must be issued or revalidated for a biennial period which expires twenty-four months from the month the special license plate is issued."
SECTION   __.   Section 56-3-9500(A) of the 1976 Code is amended to read:

"(A)   The Department of Motor Vehicles may issue 'God Bless America' special motor vehicle license plates to owners of private passenger-carrying motor vehicles, or light pickups having an empty weight of seven thousand pounds or less and a gross weight of nine thousand pounds or less, and motorcycles registered in their names. The special license plates must bear the words 'God Bless America', the United States Flag, and the silhouette of the State of South Carolina. Before this special license plate is produced, the department must receive written authorization for the use of any copyrighted words, registered logos, trademarks, or designs that appear on this license plate. The special license plate must be issued or revalidated for a biennial period which expires twenty-four months from the month it is issued. The fee for this special license plate is the regular motor vehicle license fee contained in Article 5, Chapter 3 of this title and a special motor vehicle license fee of sixteen dollars."
SECTION   __.   Section 56-3-8000 of the 1976 Code, as last amended by Act 398 of 2006, is further amended by adding at the end:

"(G)   For each new classification of special vehicle license plate, including, but not limited to motorcycle license plates, created pursuant to this section must meet the requirements of Title 56, Chapter 3, Articles 81 and 82 as appropriate."
SECTION   __.   Section 56-3-8100 of the 1976 Code, as last amended by Act 90 of 2007, is further amended by adding at the end:

"(G)   For each new classification of special vehicle license plate, including, but not limited to motorcycle license plates, created pursuant to this section must meet the requirements of Title 56, Chapter 3, Articles 81 and 82 as appropriate."
SECTION   __.   Section 56-3-8800 of the 1976 Code, as last amended by Act 158 of 2005, is further amended to read:

"Section 56-3-8800.   Notwithstanding another provision of law, the department may issue special motor vehicle license plates to World War II veterans or their spouses for private motor vehicles and motorcycles registered in their names. The fee for the issuance of this special motor vehicle license plate is twenty dollars biennially, which must be distributed to the State Department of Education and used to support and promote ROTC programs in the state's public schools. This twenty dollar fee shall be in addition to the regular motor vehicle registration fee contained in Article 5, Chapter 3 of this title."/
Renumber sections to conform.
Amend title to conform.

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

Rep. E. H. PITTS proposed the following Amendment No. 2 (Doc Name COUNCIL\SWB\5570CM08), which was adopted:
Amend the bill, as and if amended, by adding the following appropriately numbered SECTION:
/ SECTION   __.   Section 57-25-30 of the 1976 Code is amended to read:

"Section 57-25-30.   (A)   Bus shelters and benches, including those on which commercial advertisements are placed, may be erected and maintained within the rights-of-way of public roads by the State at bus stops of public authorities. A bus shelter or bench located within the right-of-way of a state road shall must comply with all applicable requirements of the Department of Transportation, Title 23 of the United States Code, and Title 23 of the Code of Federal Regulations. A bus shelter or bench located within the right-of-way of a road other than a state road shall must comply with all applicable requirements of the municipality or county within whose jurisdiction it is located.

(B)   A person erecting a bus shelter or bench, including those on which commercial advertisements are placed, within the right-of-way of a state road shall obtain a permit for each all shelter location or bench locations from the Department of Transportation. The permit shall cost twenty-five dollars. Permit fees must be placed in the department's trust fund and used for public transportation purposes.

(C)   Commercial advertisements may be placed only on bus shelters or benches belonging to or permitted through a public owner who has awarded an advertising contract through a competitive bid process. Fees for special advertising permits must be assessed as follows:

(1)   an initial, nonrefundable permit application fee of one hundred dollars for each location;

(2)   an annual fee of fifty dollars for each bus shelter; or

(3)   an annual fee of twenty-five dollars for each bus bench.

Notwithstanding the provisions of items (2) and (3) of this subsection, the annual fee charged for a single location must not exceed fifty dollars.

(D)   Permit fees collected pursuant to this section must be placed in the State Highway Fund. The department shall report the amount of fees collected pursuant to this section to the General Assembly no later than 2010.

(E)   Payment of the annual permit fee must be made in the same manner as an outdoor advertising permit fee pursuant to Section 57-25-150(C).

(F)   Violators of this section are subject to the penalty provisions provided pursuant to Sections 57-25-160 and 57-25-180." /
Renumber sections to conform.
Amend title to conform.

Rep. E. H. PITTS explained the amendment.
The amendment was then adopted.

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

On motion of Rep. MILLER, with unanimous consent, it was ordered that S. 605 (Word version) be read the third time tomorrow.

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

S. 1182 (Word version) -- Senator Grooms: A JOINT RESOLUTION TO ESTABLISH A STUDY COMMITTEE TO STUDY THE FEASIBILITY AND BENEFITS OF THE CONSTRUCTION, OPERATION, AND MAINTENANCE OF TRANSPORTATION INFRASTRUCTURE THROUGH THE UTILIZATION OF PUBLIC PRIVATE PARTNERSHIPS AND VENTURES AND TO PROVIDE FOR THE OPERATIONS OF THE STUDY COMMITTEE.

Rep. E. H. PITTS explained the Joint Resolution.

On motion of Rep. E. H. PITTS, with unanimous consent, it was ordered that S. 1182 (Word version) be read the third time tomorrow.

The following Bill was taken up:

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

Rep. WALKER proposed the following Amendment No. 3 (Doc Name COUNCIL\GJK\20719SD08), which was adopted:
Amend the bill, as and if amended, in Section 57-5-10 of the 1976 Code, as contained in SECTION 1, by inserting a new sentence immediately following the first sentence of the section to read:
/The Department of Transportation may utilize funding sources including, but not limited to, the State Nonfederal Aid Highway Fund and the State Highway Fund as established by Section 57-11-20 in carrying out the provisions of this section.   /
Renumber sections to conform.
Amend title to conform.

Rep. WALKER explained the amendment.

The SPEAKER granted Rep. F. N. SMITH a leave of absence for the remainder of the day due to his son's graduation.

Rep. WALKER continued speaking.

The amendment was then adopted.

The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\SWB\5561CM08):
Amend the bill, as and if amended, by adding the following appropriately numbered SECTIONS:
/ SECTION   __.   The General Assembly finds that:

(1)   before a motor vehicle may be licensed and registered by the South Carolina Department of Motor Vehicles for the privilege of using the public highways of this State, that department either collects or confirms the collection of any applicable sales, use, and casual excise taxes due on the vehicle;

(2)   without the required registration and licensing it is unlawful for a motor vehicle to use the public highways of this State; and

(3)   the revenue of the sales, use, and casual excise tax required to be paid before a motor vehicle may be registered and licensed in this State is included within the "sources of revenue" that may be pledged to secure highway bonds pursuant to Section 13(6)(a), Article X of the Constitution of this State.
SECTION   __.   Article 25, Chapter 36, Title 12 of the 1976 Code is amended by adding:

"Section 12-36-2647.   (A)   Notwithstanding the provisions of Section 59-21-1010, an amount as provided in subsection (B) of this section of sales, use, and casual excise tax revenues derived from the sale, use, or titling of a vehicle required to be licensed and registered by the South Carolina Department of Motor Vehicles, otherwise required to be credited as provided pursuant to Section 59-21-1010, instead must be credited to the State Non-Federal Aid Highway Fund established pursuant to Section 57-11-20. Revenues credited to the State Non-Federal Aid Highway Fund pursuant to this section must be used exclusively for highway, road, and bridge maintenance.

(B)   In Fiscal Year 2008-2009, an amount equal to ten million dollars of the revenues specified in subsection (A) of this section must be credited to the State Non-Federal Aid Highway Fund. In each succeeding fiscal year, an additional thirty million dollars must be added to the cumulative total amount credited as provided pursuant to this subsection in the preceding fiscal year, until and after which all of the specified revenues must be so credited. For fiscal years beginning after June 30, 2009, an amount equal to ten percent of the revenue credited pursuant to this subsection in a fiscal year must be credited and apportioned as 'C' funds are credited and apportioned pursuant to Section 12-28-2740. All of the additional 'C' fund revenues apportioned pursuant to this subsection must be expended solely for rural road maintenance and construction and this additional allocation is not subject to the requirement for twenty-five percent of 'C' funds to be expended on the state highway system as provided pursuant to Section 12-28-2740(C). The balance of the revenue credited in a fiscal year pursuant to this subsection must be credited to the State Non-Federal Aid Highway Fund.

(C)   There is transferred from income tax revenues credited to the general fund of the State in each fiscal year to the Education Improvement Fund an amount sufficient to offset sales tax revenues not credited to the EIA Fund as a result of the reduction of sales tax revenues provided pursuant to this section.

(D)   In Fiscal Year 2008-2009, there must be transferred from nonstate tax revenues in the State Highway Fund to the State Highway Account of the South Carolina Transportation Infrastructure Bank an amount equal to ten million dollars. In each succeeding fiscal year, one-half of the amount required to be transferred to the State Non-Federal   Aid Highway Fund pursuant to subsection (B) in each fiscal year must be similarly transferred."
SECTION   __.   Section 12-28-2920 of the 1976 Code is amended to read:

"Section 12-28-2920.   (A)   The department shall review projects for the possibility of constructing toll roads to defray the cost of these projects pursuant to the authority granted the department in Section 57-5-1330. No project may be funded by means of imposing a toll on the users of the project unless in conjunction with federal funds authorized for use on toll roads it is determined to be substantially feasible by the department. The funds derived from tolls must be:

(1)   credited to the State Highway Fund or retained and applied by the entity or entities developing the toll road pursuant to an agreement authorized under Section 57-3-200 for the purpose of funding:

(a)   the cost of construction, financing, operation, and maintenance of the toll project; or

(b)   in the case of any Qualified Toll Project, the cost of acquisition, construction, equipping, improvement, financing, refinancing, operation, and maintenance of the toll project; or

(2)   used to service bonded indebtedness for highway transportation purposes incurred pursuant to Paragraph 9, Section 13, Article X of the South Carolina Constitution.

(B)   Upon repayment of the cost of construction and financing, toll charges shall cease, and in addition, in the case of any Qualified Toll Project upon the repayment of the cost of acquisition, construction, equipping, improvement, financing, refinancing, operation, maintenance, and satisfaction of the obligations of the department under any agreement authorized under Section 57-3-200, toll charges shall cease.

(C)   For purposes of this section and Section 57-3-200, a 'Qualified Toll Project' is a toll project on which tolls were being collected prior to January 1, 2008."
SECTION   __.   Section 57-3-200 of the 1976 Code is amended to read:

"Section 57-3-200.   (A)   From the funds appropriated to the Department of Transportation and from any other sources which may be available to the Department department, the Department of Transportation may expend such funds as it deems necessary to enter into partnership agreements with political subdivisions including authorized transportation authorities, and or private entities to finance, by tolls and other financing methods,:

(1)   the cost of acquiring, constructing, equipping, maintaining, and operating highways, roads, streets, and bridges in this State.;

(2)   in the case of any Qualified Toll Project (as defined in Section 12-28-2920), the cost of acquiring, constructing, equipping, improving, maintaining, financing, refinancing, and operating highways, roads, streets, and bridges in this State; or

(3)   the department shall establish the initial toll to be charged to the traveling public for the use of the transportation facility and any revisions to those tolls after providing public notice and a hearing.

(B)   The provisions of this section must not be construed to confer upon the Department of Transportation or political subdivisions any power to finance by tolls or other means the acquisition, construction, equipping, maintenance, or operation which the Department of Transportation or political subdivisions does not possess under other provisions of this Code code."
SECTION   __.   The Department of Transportation shall conduct a feasibility study regarding the Cross Island Parkway on US Highway 278 in Beaufort County on the question of whether or not the toll booths thereon should be automated in order to lower the toll charge. This feasibility study shall be completed no later than January 1, 2009, and the department's reports and recommendations shall be provided to the Governor and to the presiding officer of each house of the General Assembly. /
Renumber sections to conform.
Amend title to conform.

Rep. E. H. PITTS explained the amendment.

Reps. OTT, R. BROWN, VICK, MCLEOD, HOSEY, WHITMIRE, E. H. PITTS, M. A. PITTS, FRYE, ERICKSON, TOOLE, J. H. NEAL, JEFFERSON, UMPHLETT, KENNEDY, MOODY-LAWRENCE and WALKER requested debate on the Bill.

Rep. SCOTT withdrew his request for debate on S. 490 (Word version); however, other requests for debate remained on the Bill.

Reps. MACK, HOSEY and R. BROWN withdrew their requests for debate on the following Bill:

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

Rep. LIMEHOUSE withdrew his request for debate on S. 890 (Word version); however, other requests for debate remained on the Bill.

The motion of Rep. J. R. SMITH to reconsider the vote whereby the Veto on the following Bill, R. 244, H. 3084 was sustained was taken up:

(R244) H. 3084 (Word version) -- Reps. Clemmons and Witherspoon: AN ACT TO AMEND SECTION 56-16-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROCEDURE A MANUFACTURER WHO SEEKS TO ENTER INTO A FRANCHISE ESTABLISHING AN ADDITIONAL NEW MOTORCYCLE DEALERSHIP OR RELOCATING AN EXISTING NEW MOTORCYCLE DEALERSHIP IN A RELEVANT MARKET AREA WHERE THIS LINE-MAKE IS REPRESENTED MUST FOLLOW, SO AS TO DELETE THE TERM "NEW MOTORCYCLE" AND REPLACE IT WITH THE TERM "MOTORCYCLE", TO MAKE A TECHNICAL CHANGE, TO INCREASE THE SIZE OF THE RELEVANT MARKET AREA, TO REVISE THE PERIOD IN WHICH A CIVIL ACTION MAY COMMENCE UNDER THIS PROVISION AND THE METHOD OF NOTICE THAT MUST BE USED, AND TO REVISE THE CONDITIONS UPON WHICH A COURT SHALL ENJOIN OR PROHIBIT THE ESTABLISHMENT OF CERTAIN NEW OR RELOCATED DEALERSHIPS; BY ADDING SECTION 56-16-220 SO AS TO PROVIDE THAT THE STATE OF SOUTH CAROLINA IS THE VENUE FOR AN ACTION BROUGHT PURSUANT TO CHAPTER 16 OF TITLE 56, AND TO PROVIDE THAT A PROVISION OF A FRANCHISE OR OTHER AGREEMENT WITH CONTRARY PROVISIONS IS VOID AND UNENFORCEABLE; AND BY ADDING SECTION 56-16-230 SO AS TO PROVIDE STATUTE OF LIMITATIONS FOR ACTIONS ARISING OUT OF A PROVISION CONTAINED IN CHAPTER 16 OF TITLE 56.

Rep. HAGOOD moved to table the motion to reconsider.

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

Those who voted in the affirmative are:

Bedingfield            Bowers                 Delleney
Funderburk             Hagood                 Kennedy
Limehouse              Merrill                Moss
Mulvaney               E. H. Pitts            M. A. Pitts
Scarborough            Shoopman               Simrill
G. M. Smith            Stavrinakis            Stewart
Toole                  Umphlett               Young

Those who voted in the negative are:

Alexander              Allen                  Anderson
Anthony                Bales                  Bannister
Barfield               Battle                 Bingham
Bowen                  Brantley               Breeland
G. Brown               Cato                   Chalk
Clemmons               Clyburn                Cobb-Hunter
Cooper                 Crawford               Daning
Dantzler               Davenport              Duncan
Edge                   Erickson               Frye
Gambrell               Govan                  Gullick
Haley                  Hardwick               Harrell
Harrison               Hart                   Harvin
Haskins                Hayes                  Hosey
Huggins                Hutson                 Jefferson
Kelly                  Kirsh                  Leach
Loftis                 Lowe                   Lucas
Mack                   Mahaffey               Miller
Mitchell               Moody-Lawrence         J. H. Neal
J. M. Neal             Neilson                Ott
Parks                  Perry                  Phillips
Pinson                 Sandifer               Scott
Sellers                Skelton                D. C. Smith
J. R. Smith            Spires                 Thompson
Vick                   Walker                 Weeks
White                  Whitmire               Williams
Witherspoon

So, the House refused to table the motion to reconsider.

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

The Veto on the following Act was taken up:

(R244) H. 3084 (Word version) -- Reps. Clemmons and Witherspoon: AN ACT TO AMEND SECTION 56-16-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROCEDURE A MANUFACTURER WHO SEEKS TO ENTER INTO A FRANCHISE ESTABLISHING AN ADDITIONAL NEW MOTORCYCLE DEALERSHIP OR RELOCATING AN EXISTING NEW MOTORCYCLE DEALERSHIP IN A RELEVANT MARKET AREA WHERE THIS LINE-MAKE IS REPRESENTED MUST FOLLOW, SO AS TO DELETE THE TERM "NEW MOTORCYCLE" AND REPLACE IT WITH THE TERM "MOTORCYCLE", TO MAKE A TECHNICAL CHANGE, TO INCREASE THE SIZE OF THE RELEVANT MARKET AREA, TO REVISE THE PERIOD IN WHICH A CIVIL ACTION MAY COMMENCE UNDER THIS PROVISION AND THE METHOD OF NOTICE THAT MUST BE USED, AND TO REVISE THE CONDITIONS UPON WHICH A COURT SHALL ENJOIN OR PROHIBIT THE ESTABLISHMENT OF CERTAIN NEW OR RELOCATED DEALERSHIPS; BY ADDING SECTION 56-16-220 SO AS TO PROVIDE THAT THE STATE OF SOUTH CAROLINA IS THE VENUE FOR AN ACTION BROUGHT PURSUANT TO CHAPTER 16 OF TITLE 56, AND TO PROVIDE THAT A PROVISION OF A FRANCHISE OR OTHER AGREEMENT WITH CONTRARY PROVISIONS IS VOID AND UNENFORCEABLE; AND BY ADDING SECTION 56-16-230 SO AS TO PROVIDE STATUTE OF LIMITATIONS FOR ACTIONS ARISING OUT OF A PROVISION CONTAINED IN CHAPTER 16 OF TITLE 56.

Rep. SIMRILL spoke in favor of the Veto.

Rep. CLEMMONS spoke against the Veto.

Rep. RUTHERFORD spoke in favor of the Veto.

Rep. BOWEN spoke in favor of the Veto.

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

Those who voted in the affirmative are:

Anderson               Anthony                Bales
Barfield               Bowers                 Cato
Clemmons               Cobb-Hunter            Cooper
Crawford               Davenport              Edge
Gambrell               Govan                  Haley
Hardwick               Hayes                  Kelly
Kirsh                  Leach                  Loftis
Lucas                  Mahaffey               Miller
Mitchell               J. M. Neal             Neilson
Ott                    Parks                  Perry
Rice                   Sandifer               Sellers
J. E. Smith            Vick                   Whipper
White                  Whitmire               Williams
Witherspoon

Those who voted in the negative are:

Bannister              Battle                 Bedingfield
Bingham                Bowen                  Brady
Chalk                  Clyburn                Daning
Dantzler               Delleney               Duncan
Erickson               Frye                   Funderburk
Gullick                Hagood                 Hamilton
Harrell                Harrison               Haskins
Herbkersman            Hiott                  Hosey
Howard                 Huggins                Hutson
Jefferson              Kennedy                Knight
Limehouse              Lowe                   McLeod
Merrill                Moody-Lawrence         Moss
Mulvaney               Pinson                 E. H. Pitts
M. A. Pitts            Rutherford             Scarborough
Scott                  Shoopman               Simrill
Skelton                D. C. Smith            G. M. Smith
J. R. Smith            W. D. Smith            Spires
Stavrinakis            Stewart                Talley
Thompson               Toole                  Umphlett
Walker                 Weeks                  Young

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

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

S. 1115 (Word version) -- Senators Leventis, Land, Ford, Anderson, Hutto, Malloy, Matthews, Williams, Peeler, Short, Sheheen, Drummond, Jackson, Ceips and Lourie: A BILL TO AMEND SECTION 59-112-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO IN-STATE TUITION AT PUBLIC COLLEGES AND UNIVERSITIES FOR MILITARY PERSONNEL AND THEIR DEPENDENTS, SO AS TO FURTHER PROVIDE FOR THE MANNER IN WHICH AND CONDITIONS UNDER WHICH THESE PERSONNEL AND THEIR DEPENDENTS ARE ELIGIBLE TO RECEIVE AND RETAIN IN-STATE TUITION RATES.

Rep. WALKER asked unanimous consent to recall S. 965 (Word version) from the Committee on Education and Public Works.
Rep. HART objected.

Rep. SCOTT asked unanimous consent to recall S. 398 (Word version) from the Committee on Labor, Commerce and Industry.
Rep. CATO objected.

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

S. 1095 (Word version) -- Senator Hayes: A BILL TO AMEND SECTION 25-1-380, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AN ASSISTANT ADJUTANT GENERAL FOR THE ARMY, SO AS TO INCREASE THE NUMBER OF ASSISTANT ADJUTANT GENERALS TO TWO.

On motion of Rep. HARRISON, with unanimous consent, the following House Resolution was ordered recalled from the Committee on Judiciary:

H. 5089 (Word version) -- Rep. Govan: A HOUSE RESOLUTION TO ESTABLISH A TASK FORCE ON JUVENILE STATUS OFFENDERS; TO PROVIDE FOR ITS MEMBERS, POWERS, AND DUTIES; AND TO PROVIDE THAT THE TASK FORCE SHALL SUBMIT ITS REPORT AND RECOMMENDATIONS TO THE HOUSE OF REPRESENTATIVES BEFORE JANUARY 13, 2009, AT WHICH TIME THE TASK FORCE IS ABOLISHED.

Rep. HART asked unanimous consent to recall H. 3294 (Word version) from the Committee on Labor, Commerce and Industry.
Rep. CATO objected.

Rep. HART asked unanimous consent to recall H. 3448 (Word version) from the Committee on Labor, Commerce and Industry.
Rep. CATO objected.

Rep. HART asked unanimous consent to recall H. 3419 (Word version) from the Committee on Labor, Commerce and Industry.
Rep. CATO objected.

Rep. COOPER asked unanimous consent to recall S. 1007 (Word version) from the Committee on Ways and Means.
Rep. HART objected.

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

The following was introduced:

H. 5199 (Word version) -- Reps. G. M. Smith, G. Brown, Agnew, Alexander, Allen, Anderson, Anthony, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bingham, Bowen, Bowers, Brady, Branham, Brantley, Breeland, R. Brown, Cato, Chalk, Clemmons, Clyburn, Cobb-Hunter, Coleman, Cooper, Cotty, Crawford, Daning, Dantzler, Davenport, Delleney, Duncan, Edge, Erickson, Frye, Funderburk, Gambrell, Govan, Gullick, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Hart, Harvin, Haskins, Hayes, Herbkersman, Hiott, Hodges, Hosey, Howard, Huggins, Hutson, Jefferson, Jennings, Kelly, Kennedy, Kirsh, Knight, 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. 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 HONOR JACK DRAWDY FOR TWENTY-TWO YEARS OF SERVING THE CITIZENS OF SOUTH CAROLINA AS A BAIL BONDSMAN, AND TO WISH HIM MUCH SUCCESS AND HAPPINESS IN ALL HIS FUTURE ENDEAVORS.

The Resolution was adopted.

The following was introduced:

H. 5200 (Word version) -- Reps. McLeod, Agnew, Alexander, Allen, Anderson, Anthony, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bingham, Bowen, Bowers, Brady, Branham, Brantley, Breeland, G. Brown, R. Brown, Cato, Chalk, Clemmons, Clyburn, Cobb-Hunter, Coleman, Cooper, Cotty, Crawford, Daning, Dantzler, Davenport, Delleney, Duncan, Edge, Erickson, Frye, Funderburk, Gambrell, Govan, Gullick, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Hart, Harvin, Haskins, Hayes, Herbkersman, Hiott, Hodges, Hosey, Howard, Huggins, Hutson, Jefferson, Jennings, Kelly, Kennedy, Kirsh, Knight, Leach, Limehouse, Littlejohn, Loftis, Lowe, Lucas, Mack, Mahaffey, 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 EXTEND A WARM WELCOME TO ADMIRAL THAD W. ALLEN, COMMANDANT OF THE UNITED STATES COAST GUARD, ON THE OCCASION OF HIS VISIT TO THE PALMETTO STATE TO ATTEND A FESTIVAL HONORING HIM IN NEWBERRY COUNTY, AND TO OFFER BEST WISHES FOR A SUCCESSFUL TENURE LEADING THE UNITED STATES COAST GUARD.

The Resolution was adopted.

The following Bill was taken up:

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

Rep. COOPER proposed the following Amendment No. 2 (Doc Name COUNCIL\BBM\10663HTC08), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION   1.   Section 2-75-5 of the 1976 Code is amended to read:

"Section 2-75-5.   (A)   This chapter is known and may be cited as the 'South Carolina Research Centers of Economic Excellence Act'.

(B)   The General Assembly finds that:

(1)   it is in the public interest to create incentives for the senior research universities of South Carolina consisting of Clemson University, the Medical University of South Carolina, and the University of South Carolina to raise capital from the private sector to fund endowments for professorships in research areas targeted to create well-paying jobs and enhanced economic opportunities for the people of South Carolina;

(2)   these endowed professorships should be used to recruit and maintain leading scientists and engineers at the senior research universities of South Carolina for the purposes of developing and leveraging the research capabilities of the universities for the creation of well-paying jobs and enhanced economic opportunities in knowledge-based industries for all South Carolinians;

(3)   in communities across the United States in which better paying jobs and enhanced economic development in knowledge-based industries has flourished, the local or state government has created incentives and made a long-term commitment to public and private funding for a significant number of endowments for professorships in targeted knowledge-based industries;

(4)   the South Carolina Education Lottery provides a source of funding and an incentive for the senior research universities to raise, in dollar-for-dollar matching amounts, sums from private nonstate sources sufficient to create endowed professorships;

(5)   these endowed professorships should be awarded to the senior research universities through a competitive application process, provided that the competitive process must encourage the senior research universities to submit cooperative applications with one another as well as in cooperation with other institutions of higher education; and

(6)   these endowed professorships, funded equally from the South Carolina Education Lottery and from other private nonstate sources, provide a foundation for the creation of centers of economic excellence."
SECTION   2.   Section 2-75-10 of the 1976 Code is amended to read:

"Section 2-75-10.   There is created the Research Centers of Excellence Review Board. The review board shall consist of nine eleven members. Of the nine eleven members, three must be appointed by the Governor, three must be appointed by the President Pro Tempore of the Senate, and three must be appointed by the Speaker of the House of Representatives., one by the chairman of the Senate Finance Committee, and one by the chairman of the House Ways and Means Committee. The terms of members are three years and members are eligible to be appointed for no more than two additional terms. Of the members initially appointed by the Governor, the President Pro Tempore, and the Speaker of the House, one shall be appointed for a term of one year, one for a term of two years, and one for a term of three years, the initial term of each member to be designated by the Governor, President Pro Tempore, and Speaker of the House when making the appointments. The Governor, the President Pro Tempore, and the Speaker of the House shall appoint persons with substantial experience in business, law, accounting, technology, manufacturing, engineering, or other professions and experience which provide an understanding of the purposes of this chapter. The review board shall be responsible for providing annually to the Commission on Higher Education a schedule by which applications for funding are received and awarded on a competitive basis, the awarding of matching funds as provided in Section 2-75-60, and for oversight and operation of the fund created by Section 2-75-30. The Members of the review board shall serve without compensation and must provide an annual report by October 1 of each calendar year to the General Assembly as well as the State Budget and Control Board, which shall include an audit performed by an independent auditor. This annual report must include, but not be limited to, a complete accounting for total state appropriations to the endowment and total proposals awarded up to the previous fiscal year."
SECTION   3.   Section 2-75-30 of the 1976 Code is amended to read:

"Section 2-75-30.   (A)   There is created the Centers of Excellence Matching Endowment. The endowment must be funded annually by appropriations from the South Carolina Education Lottery Account in an aggregate amount not to exceed $200,000,000 by 2010 in an amount equal to thirty million dollars annually, except that endowment appropriations for the current fiscal year may not be funded until all state-supported scholarships are fully funded and only if eighty percent of the total state appropriations have been awarded by the review board as of June thirtieth of the previous fiscal year. The total state appropriated funding amount shall include funds that have been returned to the endowment due to a dissolution, withdrawal, or termination of a center of excellence. The fund must be managed by the State Treasurer, subject to awards from the endowment as provided in this chapter. Interest earnings of the endowment must remain in the fund, and may be used at the review board's discretion for additional state awards. Interest earnings are not considered part of the total state appropriations unless used by the review board for additional state awards.

(B)   An endowed chair proposal is considered awarded once a full review process is complete and the review board has voted in an affirmative on each proposal. A full review process shall include the following, but is not limited to:

(1)   a technical and scientific review of each proposal. The three research universities shall work with the review board staff to nominate reviewers. The review board staff shall select no fewer than five technical reviewers to review each proposal, and a minimum of three technical and scientific reviews must be received by the review board staff for each proposal. The review board staff shall determine an appropriate number of technical reviewers and scientific and technical reviews. The review board staff shall limit the number of university-nominated reviewers to two per proposal;

(2)   an on-site review of each proposal. The review board staff shall contract with a minimum of five out-of-state expert reviewers, to include individuals with expertise in economic development as well as in appropriate scientific disciplines, to serve on a site review team that shall visit each of the research universities. The review board staff shall determine an appropriate number of expert reviewers. The on-site review team shall interview relevant investigators and other university personnel regarding proposals and shall have access to collected scientific and technical reviews as well as other materials germane to the proposed projects. The on-site review team shall evaluate the proposals using an approved set of metrics; each recommendation must include a detailed narrative which explains the on-site review team's recommendations; and

(3)   a presentation of findings. The on-site review team shall present its findings to the review board, which shall make final decisions on awards. The on-site review team shall recommend an appropriate level of funding to achieve successfully the stated goals of each project. The review board shall consider these recommendations in determining award amounts for each project."
SECTION   4.   Section 2-75-50 of the 1976 Code is amended to read:

"Section 2-75-50.   (A)   An application for an award from the endowment shall:

(1)   provide to the review board documentation of private matching funds, on hand, in an amount equal to the amount for which application is made;

(2)   provide to the review board documentation that all matching funds have been committed and raised exclusively from sources other than South Carolina tax dollars, and that the funds have been committed and raised after January 1, 2002;

(3)   be in an amount of not less than two million dollars and not more than five million dollars;

(4)   document that the application has significant potential to provide for enhanced economic development for the citizens of South Carolina in a specified knowledge-based industry or field of commerce; and

(5)   provide specific partnering activities with other institutions, businesses, or the community.

(B)   Eligible research universities are strongly encouraged to partner with other South Carolina colleges and universities to develop proposals to enhance the economic competitiveness of our State and to enhance science and engineering through collaborations in related disciplines."
SECTION   5.   Section 2-75-90 of the 1976 Code, as added by Act 187 of 2004, is amended to read:

"Section 2-75-90.   (A)   Notwithstanding the provisions of Sections 2-75-05(B)(4) and (6) and 2-75-50, To meet the endowed professorships matching requirement of those provisions, a research university may use funds specifically provided for use in the areas provided in subsection (B) that are derived from private or federal government sources, excluding state appropriations to the institution, tuition, or fees. Subject to the restrictions in subsection (B), only federal dollars received after July 1, 2003, may be used to meet the endowed professorships matching requirement.

(B)   The matching funds in subsection (A) may be used only in the areas of Engineering, Nanotechnology, Biomedical Sciences, Energy Sciences, Environmental Sciences, Information and Management Sciences, and for other sciences and research that create well-paying jobs and enhanced economic opportunities for the people of South Carolina and that are approved by the Research Centers of Excellence Review Board."
SECTION   6.   Chapter 75, Title 2 of the 1976 Code is amended by adding:

"Section 2-75-100.   (A)   The review board may, at its discretion, permit the senior research universities to utilize a portion of the nonstate matching funds of any single award to pay for initial operating costs including, but not limited to, infrastructure improvement, purchase of equipment, and payment of salaries for junior faculty, researchers, technicians, and other support staff directly associated with the establishment of the professorship's research efforts and the creation of the center of economic excellence which the professorship serves. The portion established by the review board must apply equally to all of the senior research universities' centers of economic excellence and endowed professorships created under this act. The portion established by the review board may be modified by the review board in order to facilitate program success.

(B   The full amount of every state award, with the exception of programmatic support proposals, must be placed into and remain in endowment. Should a center of economic excellence be dissolved, withdrawn, or otherwise terminated, the entirety of the state award which has been drawn by the institution must be returned to the Centers of Excellence Matching Endowment."
SECTION   7.   Chapter 75, Title 2 of the 1976 Code is amended by adding:

"Section 2-75-110.   In addition to accepting and applying nonstate funds, as stipulated in Section 2-75-90(A), to meet the matching requirement of each state award, a senior research university may accept and apply cash equivalent and in-kind donations from nonstate sources. Such donations must directly impact and promote the research of the endowed professorship and the center of economic excellence which the professorship serves. Such donations may include, but are not limited to, donated or rent-discounted laboratory, and research facility space; buildings, including sale-lease back; equipment; furnishings; and infrastructure upgrades. The value of each cash equivalent or in-kind donations must be determined using standard accounting methods and a cost share accounting policy established by the review board. The total value of cash equivalent and in-kind donations applicable per award may not exceed the portion of nonstate matching funds available for non-endowment use established by the board. Cash equivalent and in-kind donations may only be applied if received by a senior research university after July 1, 2002."
SECTION   8.   Title 59 of the 1976 Code is amended by adding:

Section 59-151-100.   (A)   The General Assembly declares that by this chapter it is establishing the South Carolina LightRail Consortium in response to growing demand for South Carolina academic institutions to expand their capacity for high speed, highly available bandwidth across the State, nation, and world in support of their missions, and to connect directly to national and regional networks for purposes directly related to their missions.

(B)   For this purpose, the South Carolina LightRail shall provide facilities-based advanced high performance communications infrastructure in support of the missions of the South Carolina academic institutions that are members of the South Carolina LightRail Consortium. The General Assembly declares its intent that this infrastructure must not compete with the commercial communications or information offerings of private sector participants.

(C)   The goal of the South Carolina LightRail Consortium is to promote collaboration among participating clinical, research, and educational institutions throughout the State, region, and nation to accomplish the objectives stated above.

Section 59-151-110.   (A)   For purposes of this chapter, the South Carolina LightRail is defined as a communication grid network where the South Carolina academic institutions that are members of the South Carolina LightRail Consortium, and private organizations and entities as permitted by subsection (C) of this section tap into facilities-based fiber optic including, the National Lambda Rail, Internet2, TeraGrid, and other regional and national networks which carry high volumes of data at high speed allowing faculty members at participating institutions in different locations to collaborate in real time.

(B)   The South Carolina LightRail is to be used as an academic network for the use of the South Carolina academic institutions that are members of the South Carolina LightRail Consortium for the exchange of information directly related to their missions and must not carry commercial traffic, commercial internet traffic, or K-12 traffic originated in South Carolina. Occasional and incidental use of the network by persons appropriately granted access to the network for purposes that are not directly related to the missions of the participating academic institutions is not considered a violation of this subsection.

(C)   Private organizations and entities may be provided access to the network only through formal documented partnerships with one or more of the South Carolina academic institutions that are members of the South Carolina LightRail Consortium that are directly related to the missions of the partnering institutions. This access must be consistent with guidelines and procedures approved by the consortium board. These guidelines and procedures, at a minimum, shall comply with the provisions of Section 59-151-115.

Section 59-151-115.   (A)   Prior to allowing any university employee or student access to the network, the board must adopt guidelines and procedures which, at a minimum, ensure that:

(1)   access to the network is limited to specific university employees and specific university students who have direct involvement in one or more formal documented partnerships that meet the requirements of Section 59-151-110(C);

(2)   these university employees and university students cease to have access to the network once they are no longer directly involved in such a formal documented partnership; and

(3)   the access to the network does not compete with the commercial communications or information offerings of private sector participants.

(B)   Prior to allowing any private organization or entity access to the network, the board must adopt guidelines and procedures which, at a minimum, ensure that:

(1)   access to the network is limited to specified employees of these private organizations or entities who have direct involvement in one or more formal documented partnerships that meet the requirements of Section 59-151-110(C);

(2)   these employees cease to have access to the network once they are no longer directly involved in such a formal documented partnership;

(3)   the access to the network does not compete with the commercial communications or information offerings of private sector participants; and

(4)   any South Carolina commercial entity has a separate commodity internet connection for its routine operations.

(C)   For purposes of this section, occasional and incidental use of the network by persons appropriately granted such access to the network for purposes that are not directly related to the missions of the participating institutions is not considered as competing with the commercial communications or information offerings of private sector participants.

Section 59-151-120.   Clemson University, the Medical University of South Carolina, and the University of South Carolina in Columbia are designated as the three charter member institutions of the South Carolina LightRail Consortium and through the consortium are directed to plan, procure, administer, oversee, and manage all functions associated with the South Carolina LightRail.

Section 59-151-130.   (A)   The South Carolina LightRail Consortium must be a joint venture exclusively among the three member universities, with administrative support to be provided by an appropriate department within one or more of the universities to include procurement, accounts payable, accounts receivable, web design and hosting, and similar administrative or technical support functions.

(B)   The South Carolina LightRail Consortium must be governed by a board of directors consisting of six members. The board of directors consists of two representatives each from Clemson University, the Medical University of South Carolina, and the University of South Carolina, to be appointed by the respective university presidents and to serve at their pleasure. The consortium must be chaired by a member of the board of directors from each member institution on a rotating basis among all institutions for a term of two years.

(C)   Membership on the board is not an office of honor or profit within the meaning of Section 3, Article VI of the Constitution of this State.

(D)   The board shall establish rules of procedure governing its operations and also may establish an executive committee of the board to act in the board's stead in the manner authorized by the full board.

Section 59-151-140.   (A)   The South Carolina LightRail Consortium is declared to be an instrumentality of this State and as such its board of directors has all powers and authority conferred upon public boards generally including the power to contract in its own name, to own property, and to sue and be sued.

(B)   The board shall ensure that the consortium functions in support of its mission and in the best interests of the State and the participating universities. In support of this task, the board shall:

(1)   assist and advise the chairman of the consortium board in matters related to scientific and administrative performance, consortium directions and needs, and government and interinstitutional interactions;

(2)   conduct an annual review of consortium status, activities, and plans to evaluate overall performance relative to its mission and strategic plan and to recommend possible changes to the strategic plan or South Carolina LightRail administration;

(3)   review and approve an annual budget request for the consortium; and

(4)   review the operations of the South Carolina LightRail annually to ensure relevance, to affirm the commitments of the participating institutions, and to confirm continued compliance with the provisions of Section 59-151-115.

(C)   Results of the annual review and budget request must be documented in a letter submitted to the presidents of the three universities.

Section 59-151-150.   (A)   The LightRail Consortium shall receive such funding as may be provided by the General Assembly in the annual general appropriations act, supplemental appropriations act, or in other provisions of law. This funding must be provided to its participating universities for purposes of the LightRail. Funds appropriated to Clemson University, the Medical University of South Carolina, and the University of South Carolina in the 2007-2008 general appropriations act for the South Carolina LightRail Consortium shall continue to be used for those purposes consistent with the requirements of this chapter and other applicable provisions of law.

(B)   The LightRail Consortium shall manage its own funding provided to it by the member institutions, based on a budget prepared and administered by the chairman of the board, and recommended by the board. The consortium funding appropriated to a particular member institution must be administered individually by that institution, except in those instances when consortium actions, services, or activities require joint budget action. Sufficient annual funding to meet the strategic and operational needs of South Carolina LightRail Consortium is the joint and co-equal responsibility of the member institutions, and the responsibility of each member institution to provide such funding must be determined annually by the board upon agreement of the institutions concerned.

Section 59-151-160.   The value of gifts, in-kind services, grants, appropriations, or other financial considerations directed to a single university for the primary purpose of support for South Carolina LightRail Consortium must be administered and accounted for in accordance with the policies of the recipient university. The value of gifts, in-kind services, grants, appropriations, or other financial considerations directed jointly to the three universities through the consortium must be divided into three equal shares, unless otherwise specified by a donor, and must be administered and accounted for by each recipient university in accordance with the policies of that university.

Section 59-151-170.   (A)   By unanimous vote, the three charter member institutions of the consortium shall create other categories of membership and include other institutions or organizations as consortium members, consistent with the mission and goals of the consortium.

(B)   New members may be admitted to the consortium at one of two levels: voting or nonvoting participation. The charter member institutions shall establish the financial commitments new members must meet at each of the two levels. The charter member institutions also may establish differential fee structures for not-for-profit and for-profit entities.

(C)   The board of directors must be expanded by one seat for each new voting member of the consortium admitted as provided in this section, the board member to be designated by the president of the newly admitted entity. Participatory, nonvoting members may form an advisory committee to provide advice and counsel to the board of directors on matters pertaining to current operations and future strategies of South Carolina LightRail Consortium.

(D)   Upon unanimous vote, the board of directors may include ex officio, nonvoting members at its discretion.

Section 59-151-180.   The South Carolina LightRail Consortium is considered a public body and as such is subject to all provisions of state law, including the Freedom of Information Act and state procurement requirements but is exempt from the planning, oversight, and project management regulations of the State Chief Information Officer. Procurement certification limits granted by the State Budget and Control Board are equivalent to the highest limit approved for any of the three charter member institutions. The board of the LightRail Consortium each year by February first shall submit to the chairman of the House Ways and Means Committee and the chairman of the Senate Finance Committee a report specifically identifying each entity with access to the network, the number of persons within each such entity with access to the network and a brief description of the formal documented partnership in which the persons are involved, and any payment, including without limitations, in-kind payment, that each such organization and entity is making for access to the network.

Section 59-151-190.   Upon unanimous vote of the board, the provisions of this chapter may be administratively supplemented by written agreement of all member institutions to reflect global capabilities and opportunities, statewide and institutional goals and resources, and annual assessment results. No such supplementation may be inconsistent with any of the provisions of this chapter."
SECTION   9.   If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.
SECTION   10.   This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.

The amendment was then adopted.

Rep. GOVAN proposed the following Amendment No. 3 (Doc Name COUNCIL\BBM\10664HTC08), which was tabled:
Amend the bill, as and if amended, page 1252-10 by inserting after line 29:

/ Section 59-151-195.   All interest earned on unexpended funds must be credited to a separate trust fund and distributed to non-research institutions for need-based grants. /
Renumber sections to conform.
Amend title to conform.

Rep. GOVAN explained the amendment.

Rep. COOPER moved to table the amendment, which was agreed to by a division vote of 53 to 26.

Rep. GOVAN proposed the following Amendment No. 4 (Doc Name COUNCIL\BBM\10665HTC08), which was tabled:
Amend the bill, as and if amended, page 1252-10 by inserting after line 29:

/ Section 59-151-195.   All interest earned on unexpended funds must be credited to a separate trust fund and distributed to all state institutions of higher education for need-based grants. /
Renumber sections to conform.
Amend title to conform.

Rep. GOVAN explained the amendment.

Rep. COOPER moved to table the amendment, which was agreed to by a division vote of 51 to 27.

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

On motion of Rep. COOPER, with unanimous consent, it was ordered that S. 1252 (Word version) be read the third time tomorrow.

The following Bill was taken up:

H. 5144 (Word version) -- Rep. Clemmons: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 11 TO CHAPTER 11 OF TITLE 55 SO AS TO ESTABLISH THE GRAND STRAND AIRPORT DISTRICT, DEFINE ITS AREA, ESTABLISH ITS GOVERNING COMMISSION, DESCRIBE THE FUNCTIONS, AND POWERS OF THE DISTRICT AND ITS COMMISSION, MAKE PROVISIONS FOR BORROWING BY THE DISTRICT INCLUDING THE ISSUANCE OF GENERAL OBLIGATION BONDS, AND PROVIDE FOR THE CONTINUING OPERATION OF THE FACILITIES OF THE DISTRICT.

Rep. CLEMMONS proposed the following Amendment No. 1 (Doc Name COUNCIL\SWB\5571CM08), which was adopted:
Amend the bill, as and if amended, Section 55-11-1020, as contained in SECTION 1, by deleting / Section 55-11-400 / on line 24, page 13, and inserting / Section 55-11-1010 /.
Renumber sections to conform.
Amend title to conform.

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

Rep. CLEMMONS proposed the following Amendment No. 2 (Doc Name COUNCIL\BBM\10644HTC08), which was adopted:
Amend the bill, as and if amended, in Section 55-11-940, as contained in SECTION 1, page 6, by striking item (13) beginning on line 7 and inserting:

/ (13)   make contracts for the construction, erection, maintenance, and repair of the facilities in its charge, by competitive bidding, after adequate notice of the invitation for bids has been given at a reasonable time, but no less than ten days, before the date bids are due, if the contracts are in excess of ten thousand dollars. However, if the contracts are less than ten thousand dollars, then the commission may enter into these contracts without competitive bids; /
Renumber sections to conform.
Amend title to conform.

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

Rep. CLEMMONS proposed the following Amendment No. 3 (Doc Name COUNCIL\GJK\20730SD08):
Amend the bill, as and if amended, in item (22) of Section 55-11-940 of the 1976 Code, by inserting after /district/ on line 1, page 9,
/, upon approval of the qualified electors of the district in a referendum for this purpose called by the commission the cost of which shall be paid by the district,   /
Amend the bill further, as and if amended, in subitem (f) of item (22) of Section 55-11-940 of the 1976 Code, by striking /Comptroller General of South Carolina/ on line 24, page 10, and inserting /auditor of Horry County/
Renumber sections to conform.
Amend title to conform.

Rep. CLEMMONS explained the amendment.
Rep. HARDWICK spoke against the amendment.

Rep. HARDWICK moved to commit the Bill to the Horry Delegation.

Rep. CLEMMONS moved to table the motion, which was rejected by a division vote of 5 to 10.

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

Rep. HART withdrew his request for debate on S. 490 (Word version); however, other requests for debate remained on the Bill.

Rep. SCOTT withdrew his request for debate on the following Bill:

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

Rep. J. R. SMITH withdrew his request for debate on S. 890 (Word version); however, other requests for debate remained on the Bill.

Reps. BREELAND, HOSEY, LEACH, CLYBURN, CATO, JEFFERSON, LUCAS, COOPER, CRAWFORD, BEDINGFIELD, SELLERS, SANDIFER, G. M. SMITH, HERBKERSMAN, HARVIN and DUNCAN withdrew their requests for debate on the following Bill:

S. 490 (Word version) -- Senators McConnell, Martin, Peeler, Leventis, Ryberg, Knotts, Ford, Campsen and Vaughn: A BILL TO AMEND SECTION 15-77-300, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ALLOWANCE OF ATTORNEY'S FEES IN STATE-INITIATED ACTIONS, SO AS TO LIMIT THE FEE TO A REASONABLE HOURLY RATE.

Rep. HART asked unanimous consent to recall H. 3412 (Word version) from the Committee on Ways and Means.
Rep. WHITE objected.

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

S. 1007 (Word version) -- Senator Hayes: A BILL TO AMEND CHAPTER 6 OF TITLE 34, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA UNIFORM MANAGEMENT OF INSTITUTIONAL FUNDS ACT, SO AS TO REVISE ITS NAME TO THE "SOUTH CAROLINA UNIFORM PRUDENT MANAGEMENT OF INSTITUTIONAL FUNDS ACT" AND TO PROVIDE UPDATED ARTICULATIONS OF THE PRUDENCE STANDARDS FOR THE MANAGEMENT AND INVESTMENT OF CHARITABLE FUNDS AND FOR ENDOWMENT SPENDING, APPLY PRINCIPLES OF MANAGEMENT AND INVESTMENT OF INSTITUTIONAL FUNDS TO CHARITIES ORGANIZED AS A TRUST, A NONPROFIT CORPORATION, OR OTHER ENTITY, IMPOSE ADDITIONAL DUTIES ON THOSE WHO MANAGE AND INVEST CHARITABLE FUNDS, AND UPDATE RULES GOVERNING EXPENDITURES FROM ENDOWMENT FUNDS AND PROVISIONS GOVERNING THE RELEASE AND MODIFICATION OF RESTRICTIONS ON CHARITABLE FUNDS.

Rep. GOVAN asked unanimous consent to recall S. 1207 (Word version) from the Committee on Education and Public Works.
Rep. SKELTON objected.

Rep. WHITMIRE asked unanimous consent to recall S. 965 (Word version) from the Committee on Education and Public Works.
Rep. HART objected.

Rep. MOODY-LAWRENCE asked unanimous consent to recall H. 4755 (Word version) from the Committee on Judiciary.
Rep. G. M. SMITH objected.

Rep. HART asked unanimous consent to recall S. 398 (Word version) from the Committee on Labor, Commerce and Industry.
Rep. CATO objected.

Rep. HART asked unanimous consent to recall H. 3294 (Word version) from the Committee on Labor, Commerce and Industry.
Rep. CATO objected.

Rep. HART asked unanimous consent to recall H. 3448 (Word version) from the Committee on Labor, Commerce and Industry.
Rep. CATO objected.

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

S. 241 (Word version) -- Senators Lourie, Knotts, Reese, Leventis, Jackson, Thomas, Pinckney, McGill, Hutto, Sheheen, Williams, Matthews, Patterson, Cromer, Scott, Setzler and Bryant: A BILL TO AMEND ARTICLE 1, CHAPTER 16, TITLE 9 OF THE 1976 CODE, BY ADDING SECTION 9-16-55, TO REQUIRE THE RETIREMENT SYSTEM INVESTMENT COMMISSION, ACTING CONSISTENTLY WITH ITS FIDUCIARY RESPONSIBILITY, TO DIVEST ITS PORTFOLIO OF INVESTMENTS IN CERTAIN COMPANIES THAT IN THEIR OPERATIONS ARE COMPLICIT WITH THE GOVERNMENT OF SUDAN IN THE DARFUR GENOCIDE AND TO PROHIBIT FUTURE INVESTMENTS BY THE COMMISSION IN SUCH COMPANIES.

Rep. GOVAN asked unanimous consent to recall H. 5022 (Word version) from the Committee on Labor, Commerce and Industry.
Rep. CATO objected.

Rep. GOVAN asked unanimous consent to recall H. 4905 (Word version) from the Committee on Education and Public Works.
Rep. BEDINGFIELD objected.

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

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

Rep. G. M. SMITH proposed the following Amendment No. 1A (Doc Name COUNCIL\MS\7648AHB08), which was adopted:
Amend the bill, as and if amended, by deleting Section 16-11-523(C), as contained in SECTION 2, beginning on page 5, beginning on line 23, and inserting:
/ (C)   A person who violates the provisions of this section is guilty of a:

(1)   misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned not more than thirty days, or both, if the direct injury to the property, the amount of loss in value to the property, the amount of repairs necessary to return the property to its condition before the act, or the property loss, including fixtures or improvements, is one thousand dollars or less;

(2)   felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than five years, or both, if the direct injury to the property, the amount of loss in value to the property, the amount of repairs necessary to return the property to its condition before the act, or the property loss, including fixtures or improvements, is more than one thousand dollars but less than five thousand dollars; or

(3)   felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than ten years, or both, if the direct injury to the property, the amount of loss in value to the property, the amount of repairs necessary to return the property to its condition before the act, or the property loss, including fixtures or improvements, is five thousand dollars or more. /
Renumber sections to conform.
Amend title to conform.

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

The Senate Amendments, as amended, were then agreed to and the Bill was ordered returned to the Senate.

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

H. 3058 (Word version) -- Reps. W. D. Smith, Haskins, Young, G. R. Smith, Cobb-Hunter, Kirsh, Mahaffey, Sandifer, Brady, Bedingfield, Funderburk, Mitchell, M. A. Pitts, Whipper and R. Brown: A BILL TO AMEND SECTION 16-25-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFENSE OF CRIMINAL DOMESTIC VIOLENCE, SO AS TO ADD THAT CRIMINAL DOMESTIC VIOLENCE CONVICTIONS IN OTHER STATES ARE TO BE CONSIDERED WHEN DETERMINING A PREVIOUS CONVICTION FOR PURPOSES OF ENHANCING THE PENALTY.

Rep. G. M. SMITH moved to adjourn debate upon the Senate Amendments until Tuesday, May 27, which was agreed to.

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

H. 3326 (Word version) -- Reps. Harrison and Cotty: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-23-120 SO AS TO PROVIDE A PROCEDURE WHEREBY A GOVERNMENTAL ENTITY WHICH HAS ASSUMED THE COST OF TRAINING A LAW ENFORCEMENT OFFICER MAY BE REIMBURSED FOR THESE COSTS BY A GOVERNMENTAL ENTITY THAT SUBSEQUENTLY HIRES THE LAW ENFORCEMENT OFFICER.

Rep. HAGOOD 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 Senate Amendments to the following Bill were taken up for consideration:

H. 4363 (Word version) -- Reps. Harrison, G. M. Smith, Delleney, Bales, McLeod, Hart and Weeks: A BILL TO AMEND SECTION 1-23-660, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ESTABLISHMENT OF THE DIVISION OF MOTOR VEHICLE HEARINGS WITHIN THE ADMINISTRATIVE LAW COURT, SO AS TO MAKE TECHNICAL CHANGES, DELETE THE PROVISION THAT REQUIRES THE ADMINISTRATIVE LAW COURT TO HIRE AND SUPERVISE A LAW CLERK TO ASSIST THE JUDGES WHO HEAR DEPARTMENT OF MOTOR VEHICLE HEARING APPEALS WITH THE ADMINISTRATION OF THOSE APPEALS, TO PROVIDE THAT IF THE DEPARTMENT OF MOTOR VEHICLES ELECTS TO NOT APPEAR AT CERTAIN HEARINGS, IT WAIVES ITS RIGHT TO APPEAL A FINAL DECISION OF A HEARING OFFICER, TO DELETE THE PROVISION THAT REQUIRES THE DEPARTMENT OF MOTOR VEHICLES TO PROVIDE FACILITIES FOR CERTAIN ADMINISTRATIVE HEARINGS, TO PROVIDE THAT THE STATE ETHICS COMMISSION IS RESPONSIBLE FOR THE ENFORCEMENT AND ADMINISTRATION OF CERTAIN APPELLATE COURT RULES AND FOR THE ISSUANCE OF CERTAIN ADVISORY OPINIONS, TO PROVIDE THAT CERTAIN PERSONS MAY ATTEND CERTAIN JUDICIAL-RELATED OR BAR-RELATED FUNCTIONS, AND TO DELETE THE PROVISION THAT ALLOWS THE CHIEF ADMINISTRATIVE LAW JUDGE TO ADJUDICATE CASES UNDER SECTION 1-23-600; TO AMEND SECTION 56-1-10, AS AMENDED, RELATING TO THE DEFINITION OF TERMS RELATING TO MOTOR VEHICLES, SO AS TO MAKE TECHNICAL CHANGES; TO AMEND SECTION 56-1-170, RELATING TO THE ISSUANCE OF RESTRICTED DRIVER'S LICENSE, SO AS TO DELETE THE PROVISION THAT PROVIDES THAT A HOLDER OF A RESTRICTED DRIVER'S LICENSE IS ENTITLED TO A HEARING UPON A SUSPENSION OR REVOCATION OF HIS LICENSE, AND TO PROVIDE THAT A HOLDER OF THE LICENSE MAY REQUEST A HEARING BEFORE THE OFFICE OF MOTOR VEHICLE HEARINGS UNDER CERTAIN CIRCUMSTANCES; TO AMEND SECTION 56-1-820, RELATING TO A DRIVER'S LICENSE HOLDER'S REQUEST FOR A HEARING AFTER HAVING RECEIVED A NOTICE OF SUSPENSION, SO AS TO MAKE TECHNICAL CHANGES; TO AMEND SECTION 56-1-1030, AS AMENDED, RELATING TO THE REVOCATION OF THE LICENSE OF A HABITUAL OFFENDER, SO AS TO MAKE TECHNICAL CHANGES, AND TO PROVIDE THAT THE OFFICE OF MOTOR VEHICLE HEARINGS HAS EXCLUSIVE JURISDICTION TO CONDUCT A HABITUAL OFFENDER DRIVER'S LICENSE REVOCATION HEARING; TO AMEND SECTION 56-1-1090, AS AMENDED, RELATING TO THE ISSUANCE OF A DRIVER'S LICENSE TO A HABITUAL OFFENDER, SO AS TO MAKE TECHNICAL CHANGES; TO AMEND SECTION 56-5-2942, RELATING TO THE IMMOBILIZATION OF A VEHICLE OWNED BY A PERSON WHO HAS BEEN CONVICTED OF CERTAIN DRIVING OFFENSES, SO AS TO REVISE THE PROCEDURE WHEREBY THE DEPARTMENT OF MOTOR VEHICLES PERMITS OR DENIES THE RELEASE OF AN IMMOBILIZED VEHICLE, AND WHEREBY AN OWNER OF A VEHICLE MAY SEEK RELIEF FROM A DECISION TO HAVE A VEHICLE IMMOBILIZED; TO AMEND SECTION 56-5-2951, AS AMENDED, RELATING TO THE SUSPENSION OF THE DRIVER'S LICENSE OF A PERSON WHO REFUSES TO SUBMIT TO TESTING TO DETERMINE HIS LEVEL OF ALCOHOL CONCENTRATION, SO AS TO MAKE TECHNICAL CHANGES; TO AMEND SECTION 56-5-2952, AS AMENDED, RELATING TO THE FILING FEE TO REQUEST AN ADMINISTRATIVE HEARING, SO AS TO MAKE TECHNICAL CHANGES; TO AMEND SECTION 56-9-60, AS AMENDED, RELATING TO SELF-INSURER'S FOR MOTOR VEHICLES, SO AS TO MAKE TECHNICAL CHANGES RELATING TO THE CANCELLATION OF A SELF-INSURER'S STATUS; TO AMEND SECTION 56-9-363, AS AMENDED, RELATING TO CERTAIN FORMS PRESCRIBED BY THE DEPARTMENT OF MOTOR VEHICLES, SO AS TO MAKE TECHNICAL CHANGES; TO AMEND SECTION 56-10-510, RELATING TO THE REGISTRATION OF AN UNINSURED MOTOR VEHICLE, SO AS TO MAKE TECHNICAL CHANGES; TO AMEND SECTION 56-10-530, RELATING TO AN UNINSURED VEHICLE INVOLVED IN CERTAIN ACCIDENTS, SO AS TO MAKE TECHNICAL CHANGES; TO AMEND SECTION 56-15-350 AND SECTION 56-16-180, BOTH AS AMENDED, RELATING TO THE DENIAL OF, THE ISSUANCE OF, SUSPENSION, AND REVOCATION OF A DRIVER'S LICENSE, SO AS TO MAKE TECHNICAL CHANGES.

Rep. HARRISON moved to adjourn debate upon the Senate Amendments until Tuesday, May 27, which was agreed to.

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

H. 4601 (Word version) -- Reps. W. D. Smith, Cobb-Hunter, Talley, Hagood, Scott, Viers, Mitchell, Clemmons and Whipper: A BILL TO AMEND SECTION 16-3-1180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VICTIMS' COMPENSATION AWARDS, SO AS TO ALLOW THE CRIME VICTIM'S ADVISORY BOARD TO AUTHORIZE ADDITIONAL COUNSELING FOR VICTIMS BASED ON DOCUMENTED NEED; TO AMEND SECTION 16-3-1230, AS AMENDED, RELATING TO CRIME VICTIMS' COMPENSATION CLAIMS, SO AS TO ALLOW CLAIM SUBMISSION VIA FACSIMILE OR OTHER ELECTRONIC MEANS; TO AMEND ARTICLE 14, CHAPTER 3 OF TITLE 16, RELATING TO THE VICTIM/WITNESS ASSISTANCE PROGRAM, SO AS TO RESTRUCTURE THE PROGRAM SO AS TO EMPOWER THE STATE OFFICE OF VICTIM ASSISTANCE TO PROVIDE CERTAIN SERVICES CURRENTLY PROVIDED BY THE VICTIM COMPENSATION FUND, TO RESTRUCTURE THE VICTIMS' SERVICES TO BE PROVIDED, TO CREATE THE VICTIM SERVICES COORDINATING COUNCIL AND PROVIDE FOR ITS MEMBERSHIP, AND TO CREATE THE OFFICE OF VICTIM SERVICES EDUCATION AND CERTIFICATION WITHIN THE OFFICE OF THE CRIME VICTIMS' OMSBUDSMAN AND ESTABLISH CERTIFICATION AND CONTINUING EDUCATION REQUIREMENTS FOR VICTIM SERVICE PROVIDERS; AND BY ADDING SECTION 16-3-1680 SO AS TO AUTHORIZE THE CRIME VICTIMS' OMSBUDSMAN TO PROMULGATE NECESSARY REGULATIONS.

Rep. W. D. SMITH moved to adjourn debate upon the Senate Amendments until Tuesday, May 27, which was agreed to.

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

H. 4328 (Word version) -- Reps. Harrison, Delleney, Haskins, G. M. Smith, Cotty, McLeod and Hart: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-23-505 SO AS TO DEFINE CERTAIN TERMS; BY ADDING SECTION 1-23-535 SO AS TO PROVIDE THAT THE ADMINISTRATIVE LAW COURT SHALL HAVE AN OFFICIAL SEAL; TO AMEND SECTION 1-23-310, RELATING TO DEFINITIONS FOR PURPOSES OF ADMINISTRATIVE PROCEDURES, SO AS TO CHANGE A REFERENCE TO THE ADMINISTRATIVE LAW JUDGE DIVISION TO THE ADMINISTRATIVE LAW COURT; TO AMEND SECTION 1-23-320, RELATING TO CONTESTED CASE HEARINGS, SO AS TO DELETE A PROVISION REGARDING THE HANDLING OF ATTENDANCE AND TESTIMONY OF WITNESSES, PRODUCTION OF BOOKS, PAPERS, AND RECORDS, AND OTHER PROCEDURAL MATTERS AND TO PROVIDE FOR ENFORCEMENT OR RELIEF FROM AN AGENCY SUBPOENA BEFORE THE COURT; TO AMEND SECTION 1-23-380, AS AMENDED, RELATING TO JUDICIAL REVIEW AFTER EXHAUSTION OF ADMINISTRATIVE REMEDIES, SO AS TO DELETE REFERENCES TO THE ADMINISTRATIVE LAW COURT AND TO REVIEW BY AN ADMINISTRATIVE LAW JUDGE OF A FINAL DECISION IN A CONTESTED CASE TO CONFORM THE PROCEDURES TO OTHER PROCEDURAL PROVISIONS REGARDING THE COURT; TO AMEND SECTION 1-23-560, RELATING TO THE APPLICATION OF THE CODE OF JUDICIAL CONDUCT TO THE ADMINISTRATIVE LAW COURT, SO AS TO PROVIDE THAT THE CODE OF JUDICIAL CONDUCT SERVES AS THE SOLE GROUNDS FOR DISCIPLINE OF ADMINISTRATIVE LAW JUDGES AND TO ALLOW ADMINISTRATIVE LAW JUDGES AND SPOUSES TO ACCEPT INVITATIONS TO CERTAIN JUDICIAL-RELATED FUNCTIONS; TO AMEND SECTION 1-23-600, AS AMENDED, RELATING TO HEARINGS AND PROCEEDINGS OF THE ADMINISTRATIVE LAW COURT, SO AS TO CONFORM THE PROCEDURES TO OTHER PROCEDURAL PROVISIONS REGARDING THE COURT AND TO PROHIBIT THE HEARING OF CERTAIN INMATE APPEALS BY THE COURT; TO AMEND SECTION 1-23-610, AS AMENDED, RELATING TO REVIEW OF DECISIONS OF THE ADMINISTRATIVE LAW COURT, SO AS TO CONFORM THE PROCEDURES TO OTHER PROCEDURAL PROVISIONS REGARDING THE COURT AND TO DELETE THE PROVISION REQUIRING APPROPRIATED MONIES TO BE USED FOR THE SAME PURPOSE INDEFINITELY; AND TO AMEND SECTION 1-23-640, RELATING TO THE VENUE WHERE ADMINISTRATIVE LAW COURT CASES ARE HEARD, SO AS TO PROVIDE THAT CONTESTED CASES WILL BE HEARD AT THE PRINCIPAL OFFICES OR AT ANOTHER SUITABLE LOCATION UNDER CERTAIN CIRCUMSTANCES.

Rep. HAGOOD proposed the following Amendment No. 1A (Doc Name COUNCIL\NBD\12346AC08), which was tabled:
Amend the bill, as and if amended, by deleting Section 1-23-600(H)(2) on page 10, lines 5 though 20 and inserting:
/     (2)   A request for a contested case hearing for an agency order stays the order. A request for a contested case hearing for an order to revoke or suspend a license stays the revocation or suspension. A request for a contested case hearing for a decision to renew a license for an ongoing activity stays the renewed license, the previous license remaining in effect pending completion of administrative review. A request for a contested case hearing for a decision to issue a new license stays all actions for which the license is a prerequisite; matters not affected by the request may not be stayed by the filing of the request. Requests for contested case hearings challenging only the amount of fines or penalties must be deemed not to affect those portions of orders imposing substantive requirements. /
Amend the bill further, Section 1-23-600(H)(4) on page 10, line 29 deleting /three/ and inserting /five business/ and on page 10, line 31 by deleting /three/ and inserting /five/.
Renumber sections to conform.
Amend title to conform.

Rep. HAGOOD explained the amendment.
Rep. MCLEOD spoke against the amendment.
Rep. HARRISON spoke against the amendment.
Rep. HAGOOD spoke in favor of the amendment.

Rep. HARRISON moved to table the amendment.

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

Those who voted in the affirmative are:

Alexander              Allen                  Anthony
Bales                  Bannister              Barfield
Battle                 Bedingfield            Bingham
Bowen                  Bowers                 Branham
Breeland               Cato                   Chalk
Clyburn                Cobb-Hunter            Cooper
Crawford               Daning                 Dantzler
Delleney               Duncan                 Frye
Gambrell               Govan                  Haley
Hamilton               Hardwick               Harrell
Harrison               Hart                   Haskins
Hayes                  Hiott                  Hosey
Huggins                Kennedy                Leach
Limehouse              Loftis                 Lowe
Lucas                  Mack                   Mahaffey
Miller                 Mitchell               Moss
Mulvaney               Neilson                Ott
Owens                  Parks                  Perry
Phillips               Pinson                 E. H. Pitts
M. A. Pitts            Rice                   Sandifer
Scott                  Shoopman               Skelton
D. C. Smith            G. M. Smith            G. R. Smith
J. R. Smith            Spires                 Stewart
Talley                 Thompson               Walker
Weeks                  White                  Whitmire
Williams               Witherspoon            Young

Those who voted in the negative are:

Anderson               Brady                  Brantley
R. Brown               Davenport              Erickson
Funderburk             Gullick                Hagood
Harvin                 Herbkersman            Hutson
Jefferson              Kelly                  Kirsh
Knight                 McLeod                 Merrill
Moody-Lawrence         J. H. Neal             J. M. Neal
Scarborough            Sellers                Simrill
W. D. Smith            Stavrinakis            Toole
Umphlett               Whipper

So, the amendment was tabled.

The question then recurred to concur or non-concur in the Senate Amendments.

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

Those who voted in the affirmative are:

Allen                  Anderson               Anthony
Bales                  Bannister              Barfield
Battle                 Bedingfield            Bingham
Bowen                  Brady                  Branham
Cato                   Chalk                  Clyburn
Cobb-Hunter            Cooper                 Crawford
Daning                 Dantzler               Delleney
Duncan                 Frye                   Gambrell
Govan                  Haley                  Hamilton
Hardwick               Harrell                Harrison
Hart                   Haskins                Hayes
Hiott                  Hosey                  Howard
Huggins                Kirsh                  Leach
Limehouse              Loftis                 Lowe
Lucas                  Mack                   Mahaffey
Merrill                Miller                 Mitchell
Moody-Lawrence         Moss                   Mulvaney
J. H. Neal             Neilson                Ott
Owens                  Parks                  Perry
Phillips               Pinson                 E. H. Pitts
M. A. Pitts            Rice                   Sandifer
Scarborough            Scott                  Shoopman
Simrill                Skelton                D. C. Smith
G. M. Smith            G. R. Smith            J. R. Smith
W. D. Smith            Spires                 Stewart
Talley                 Thompson               Umphlett
Walker                 Weeks                  White
Whitmire               Witherspoon            Young

Those who voted in the negative are:

Bowers                 Brantley               Breeland
R. Brown               Davenport              Erickson
Funderburk             Gullick                Hagood
Harvin                 Herbkersman            Hutson
Jefferson              Kelly                  McLeod
J. M. Neal             Sellers                Stavrinakis
Toole                  Whipper

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

Rep. HARRISON moved to reconsider the vote whereby the Senate Amendments to the following Bill were concurred in:

H. 4328 (Word version) -- Reps. Harrison, Delleney, Haskins, G. M. Smith, Cotty, McLeod and Hart: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-23-505 SO AS TO DEFINE CERTAIN TERMS; BY ADDING SECTION 1-23-535 SO AS TO PROVIDE THAT THE ADMINISTRATIVE LAW COURT SHALL HAVE AN OFFICIAL SEAL; TO AMEND SECTION 1-23-310, RELATING TO DEFINITIONS FOR PURPOSES OF ADMINISTRATIVE PROCEDURES, SO AS TO CHANGE A REFERENCE TO THE ADMINISTRATIVE LAW JUDGE DIVISION TO THE ADMINISTRATIVE LAW COURT; TO AMEND SECTION 1-23-320, RELATING TO CONTESTED CASE HEARINGS, SO AS TO DELETE A PROVISION REGARDING THE HANDLING OF ATTENDANCE AND TESTIMONY OF WITNESSES, PRODUCTION OF BOOKS, PAPERS, AND RECORDS, AND OTHER PROCEDURAL MATTERS AND TO PROVIDE FOR ENFORCEMENT OR RELIEF FROM AN AGENCY SUBPOENA BEFORE THE COURT; TO AMEND SECTION 1-23-380, AS AMENDED, RELATING TO JUDICIAL REVIEW AFTER EXHAUSTION OF ADMINISTRATIVE REMEDIES, SO AS TO DELETE REFERENCES TO THE ADMINISTRATIVE LAW COURT AND TO REVIEW BY AN ADMINISTRATIVE LAW JUDGE OF A FINAL DECISION IN A CONTESTED CASE TO CONFORM THE PROCEDURES TO OTHER PROCEDURAL PROVISIONS REGARDING THE COURT; TO AMEND SECTION 1-23-560, RELATING TO THE APPLICATION OF THE CODE OF JUDICIAL CONDUCT TO THE ADMINISTRATIVE LAW COURT, SO AS TO PROVIDE THAT THE CODE OF JUDICIAL CONDUCT SERVES AS THE SOLE GROUNDS FOR DISCIPLINE OF ADMINISTRATIVE LAW JUDGES AND TO ALLOW ADMINISTRATIVE LAW JUDGES AND SPOUSES TO ACCEPT INVITATIONS TO CERTAIN JUDICIAL-RELATED FUNCTIONS; TO AMEND SECTION 1-23-600, AS AMENDED, RELATING TO HEARINGS AND PROCEEDINGS OF THE ADMINISTRATIVE LAW COURT, SO AS TO CONFORM THE PROCEDURES TO OTHER PROCEDURAL PROVISIONS REGARDING THE COURT AND TO PROHIBIT THE HEARING OF CERTAIN INMATE APPEALS BY THE COURT; TO AMEND SECTION 1-23-610, AS AMENDED, RELATING TO REVIEW OF DECISIONS OF THE ADMINISTRATIVE LAW COURT, SO AS TO CONFORM THE PROCEDURES TO OTHER PROCEDURAL PROVISIONS REGARDING THE COURT AND TO DELETE THE PROVISION REQUIRING APPROPRIATED MONIES TO BE USED FOR THE SAME PURPOSE INDEFINITELY; AND TO AMEND SECTION 1-23-640, RELATING TO THE VENUE WHERE ADMINISTRATIVE LAW COURT CASES ARE HEARD, SO AS TO PROVIDE THAT CONTESTED CASES WILL BE HEARD AT THE PRINCIPAL OFFICES OR AT ANOTHER SUITABLE LOCATION UNDER CERTAIN CIRCUMSTANCES.

Rep. HARRISON moved to table the motion to reconsider, which was agreed to.

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

The following was received:

Columbia, S.C., May 22, 2008
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has overridden the Veto by the Governor on R. 249, H. 3543 by a vote of 45 to 0:

(R249, H3543 (Word version)) -- Reps. Funderburk and Mulvaney: AN ACT TO AMEND SECTION 40-23-230, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE, RENEWAL, AND REINSTATEMENT OF A LICENSE ISSUED BY THE ENVIRONMENTAL CERTIFICATION BOARD, AMONG OTHER THINGS, SO AS TO CHANGE THE PERIOD IN WHICH A LICENSEE MAY FILE AN APPLICATION TO REINSTATE A LAPSED LICENSE FROM NINETY DAYS TO THREE HUNDRED SIXTY-FIVE DAYS, AND TO REQUIRE THAT AN APPLICANT SEEKING REINSTATEMENT OF A LAPSED LICENSE MEET CERTAIN CONTINUING EDUCATION REQUIREMENTS.

Very respectfully,
President
Received as information.

The following was received:

Columbia, S.C., May 22, 2008
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has overridden the Veto by the Governor on R. 261, H. 4774 by a vote of 45 to 0:

(R261, H4774 (Word version)) -- Reps. Littlejohn, Brantley, Whipper, Anthony, Bales, Bowers, Breeland, Clyburn, Erickson, Hardwick, Herbkersman, Hodges, Hosey, Jefferson, Kelly, Loftis, Lowe, Mack, Mahaffey, Owens, Phillips, Rice, W.D. Smith, Williams and Witherspoon: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-3750 SO AS TO PROVIDE FOR A NONREFUNDABLE INCOME TAX CREDIT FOR ANY MEAT PACKER, BUTCHER, OR PROCESSING PLANT LICENSED OR PERMITTED BY THIS STATE OR THE UNITED STATES DEPARTMENT OF AGRICULTURE THAT, DURING THE TAX YEAR FOR WHICH THE CREDIT IS CLAIMED, HAD A VALID CONTRACT WITH A NONPROFIT ORGANIZATION TO PROCESS DEER FOR DONATION TO ANY CHARITABLE ORGANIZATION ENGAGED IN DISTRIBUTING FOOD TO THE NEEDY, AND TO PROVIDE THAT THE AMOUNT OF THE CREDIT SHALL BE FIFTY DOLLARS FOR EACH CARCASS PROCESSED AND DONATED.

Very respectfully,
President
Received as information.

The following was received:

Columbia, S.C., May 22, 2008
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has overridden the Veto by the Governor on R. 256, H. 4520 by a vote of 45 to 0:

(R256, H4520 (Word version)) -- Reps. Cooper, Harrell, Cobb-Hunter, Walker, Perry, Battle, Skelton, Thompson, Alexander, Ballentine, Edge, Harrison, Hayes, Limehouse, J.H. Neal, Ott, Owens, Williams, Spires, Whipper, R. Brown, Hosey, Mitchell and Hodges: AN ACT TO AUTHORIZE THE UNIVERSITY OF SOUTH CAROLINA TO ISSUE REVENUE BONDS TO PROVIDE FUNDS FOR THE ACQUISITION, CONSTRUCTION, AND EQUIPPING OF A NEW BUSINESS SCHOOL FACILITY AND FOR THE RENOVATION OF THE CLOSE-HIPP BUILDING FOR LEASE AND OCCUPANCY BY AN AGENCY OF THE FEDERAL GOVERNMENT, TO PROVIDE THAT THE REVENUE BONDS SHALL BE SECURED BY AND PAYABLE FROM A PLEDGE OF THE LEASE PAYMENTS, AND TO PROVIDE THE PROCESS, PROCEDURES, AND PROVISIONS UNDER WHICH THE REVENUE BONDS MAY BE ISSUED AND CIRCUMSTANCES UNDER WHICH THE BONDS MAY BE REFINANCED.

Very respectfully,
President
Received as information.

The following was received:

Columbia, S.C., May 22, 2008
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has overridden the Veto by the Governor on R. 263, H. 4844 by a vote of 45 to 0:

(R263, H4844 (Word version)) -- Rep. Hayes: AN ACT TO AMEND ACT 137 OF 2007, RELATING TO ACQUISITION AGREEMENTS FOR SCHOOL BUILDINGS AND OTHER SCHOOL FACILITIES, SO AS TO PROVIDE THAT NO ACQUISITION AGREEMENT MAY BE ENTERED INTO UNTIL THE DILLON COUNTY BOARD OF EDUCATION PROJECTS THAT ALL SALES TAX REVENUE, BOND REVENUE, AND ALL OTHER SOURCES OF AVAILABLE REVENUE ARE SUFFICIENT TO PAY AMOUNTS OWED UNDER THE ACQUISITION AGREEMENT.

Very respectfully,
President
Received as information.

The following was received:

Columbia, S.C., May 22, 2008
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has overridden the Veto by the Governor on R. 252, H. 3816 by a vote of 45 to 0:

(R252, H3816 (Word version)) -- Reps. G.M. Smith, Weeks and G. Brown: AN ACT TO AMEND SECTION 15-41-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY EXEMPT FROM ATTACHMENT, LEVY, AND SALE, SO AS TO INCREASE THE AMOUNT OF DEBTOR'S INTEREST IN CERTAIN DELINEATED PROPERTIES THAT ARE EXEMPT FROM ATTACHMENT, LEVY, AND SALE UNDER ORDER OF A COURT OR AS A RESULT OF A BANKRUPTCY PROCEEDING.

Very respectfully,
President
Received as information.

The following was received:

Columbia, S.C., May 21, 2008
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 1168:

S. 1168 (Word version) -- Senators Peeler and Alexander: A BILL TO AMEND SECTION 15-9-510, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SERVICE OF PROCESS ON THE SUPERINTENDENT OF A STATE MENTAL HOSPITAL, SO AS TO SUBSTITUTE "DIRECTOR" FOR "SUPERINTENDENT" OF SUCH HOSPITAL; TO AMEND SECTION 44-9-50, RELATING TO DIVIDING THE DEPARTMENT OF MENTAL HEALTH INTO DIVISIONS, SO AS TO DELETE THE PROVISION REQUIRING A MEDICAL DIVISION TO BE HEADED BY A MEDICAL DOCTOR; TO AMEND SECTION 44-9-60, RELATING TO THE APPOINTMENT AND QUALIFICATIONS OF THE SUPERINTENDENT OF EACH HOSPITAL UNDER THE DEPARTMENT OF MENTAL HEALTH, SO AS TO SUBSTITUTE "DIRECTOR" FOR "SUPERINTENDENT" OF SUCH HOSPITALS; TO AMEND SECTION 44-9-90, RELATING TO THE POWERS AND DUTIES OF THE MENTAL HEALTH COMMISSION, SO AS TO DELETE REFERENCES TO EPILEPSY AND TO CERTAIN OBSOLETE TERMS, TO MAKE TECHNICAL CORRECTIONS, AND TO SUBSTITUTE "DIRECTOR" FOR "SUPERINTENDENT" OF A MENTAL HEALTH HOSPITAL; TO AMEND SECTION 44-9-100, RELATING TO AREAS OF RESPONSIBILITY OVER WHICH THE MENTAL HEALTH COMMISSION MAY EXERCISE ITS AUTHORITY, SO AS TO DELETE OBSOLETE TERMS, MAKE TECHNICAL CORRECTIONS, AND SUBSTITUTE "DIRECTOR" FOR "SUPERINTENDENT" OF A MENTAL HEALTH HOSPITAL; TO AMEND SECTION 44-22-220, RELATING TO PATIENT RIGHTS GRIEVANCE PROCEDURES, SO AS TO PROVIDE THAT A GRIEVANCE MUST BE REVIEWED BY THE DEPARTMENT AND THAT A DETERMINATION MUST BE MADE WHETHER CORRECTIVE ACTION IS WARRANTED; TO AMEND SECTION 44-23-10, RELATING TO DEFINITION OF TERMS USED IN CONNECTION WITH THE DEPARTMENT OF MENTAL HEALTH AND THE CARE AND TREATMENT OF PERSONS WITH MENTAL ILLNESS, SO AS TO REVISE CERTAIN DEFINITIONS; TO AMEND SECTION 44-23-210, RELATING TO THE TRANSFER OF PATIENTS BETWEEN PUBLIC AND PRIVATE MENTAL HEALTH AND MENTAL RETARDATION FACILITIES, SO AS TO MAKE TECHNICAL CORRECTIONS AND TO SUBSTITUTE "DIRECTOR" FOR "SUPERINTENDENT" OF A MENTAL HEALTH INSTITUTION OR FACILITY; TO AMEND SECTION 44-23-250, RELATING TO THE SIGNATURE OF A "SUPERINTENDENT OF ANY INSTITUTION" OF THE DEPARTMENT OF MENTAL HEALTH, SO AS TO PROVIDE THAT IT MEANS THE "DIRECTOR" OF SUCH INSTITUTIONS; TO REPEAL SECTION 44-11-80 RELATING TO THE MENTAL HEALTH COMMISSION SETTING THE SALARIES OF OFFICERS AND EMPLOYEES OF STATE MENTAL HEALTH FACILITIES; AND TO REPEAL SECTION 44-23-30 RELATING TO A NONRESIDENT PHYSICIAN EXAMINING AN INSTITUTIONALIZED PATIENT OUT OF STATE.
and has ordered the Bill enrolled for ratification.

Very respectfully,
President
Received as information.

The following was received:

Columbia, S.C., May 22, 2008
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to H. 3567:

H. 3567 (Word version) -- Reps. Rice, Gullick, Cotty and Agnew: A BILL TO AMEND SECTION 12-21-620, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAXATION ON CIGARETTES, SO AS TO INCREASE THE AMOUNT OF TAX ON EACH CIGARETTE FROM THREE AND ONE-HALF MILLS TO TWO CENTS; TO ADD SECTION 44-6-157 SO AS TO PROVIDE THAT THE REVENUE GENERATED FROM THE TAXATION ON CIGARETTES MUST BE USED TO EXPAND MEDICAID COVERAGE TO CHILDREN EIGHTEEN YEARS OF AGE AND YOUNGER WHOSE FAMILY INCOME DOES NOT EXCEED TWO HUNDRED PERCENT OF THE FEDERAL POVERTY LEVEL; AND TO CREATE THE HEALTH CARE TRUST FUND TO PROVIDE MEDICAID BENEFITS TO INDIVIDUALS WHOSE FAMILY INCOME DOES NOT EXCEED ONE HUNDRED PERCENT OF THE FEDERAL POVERTY LEVEL AND WHO ARE UNINSURED AND TO PROVIDE THAT REVENUE IN EXCESS OF THE CHILDREN'S MEDICAID COVERAGE FROM THE CIGARETTE TAX MUST BE CREDITED TO THE HEALTH CARE TRUST FUND; AND TO AMEND SECTION 12-36-910, AS AMENDED, RELATING TO SALES TAXES GENERALLY, SO AS TO PROVIDE THAT AS OF JULY 1, 2009, THE THREE PERCENT SALES TAX IS ELIMINATED ON UNPREPARED FOOD WHICH LAWFULLY MAY BE PURCHASED WITH UNITED STATES DEPARTMENT OF AGRICULTURE FOOD COUPONS, TO PROVIDE FOR CERTAIN GENERAL FUND TRANSFERS TO THE EDUCATION IMPROVEMENT ACT FUND FOR EACH FISCAL YEAR TO OFFSET EIA REVENUES LOST AS A RESULT OF THE LOSS OF SALES TAX ON THE SALE OF UNPREPARED FOOD, AND TO REDUCE THE SALES TAX ON UNPREPARED FOOD TO TWO PERCENT AS OF JULY 1, 2007, AND ONE PERCENT AS OF JULY 1, 2008.
and has ordered the Bill enrolled for ratification.

Very respectfully,
President
Received as information.

The following was received:

Columbia, S.C., May 22, 2008
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has overridden the Veto by the Governor on R. 270, S. 401 by a vote of 45 to 0:

(R270, S401 (Word version)) -- Senators Setzler and Leatherman: AN ACT TO AMEND SECTION 11-35-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE CONSOLIDATED PROCUREMENT CODE, SO AS TO DELETE THE DEFINITION FOR "OFFICE"; TO AMEND SECTION 11-35-1524, AS AMENDED, RELATING TO VENDOR PREFERENCES, SO AS TO PROVIDE FOR PREFERENCES FOR END PRODUCTS FROM SOUTH CAROLINA AND FROM THE UNITED STATES AND FOR CONTRACTORS AND SUBCONTRACTORS WHO EMPLOY INDIVIDUALS DOMICILED IN SOUTH CAROLINA, TO DEFINE CERTAIN TERMS, PROVIDE FOR ELIGIBILITY REQUIREMENTS FOR THE PREFERENCES, PROVIDE FOR APPLICATION FOR THE PREFERENCES AND PENALTIES FOR FALSE APPLICATION, AND TO MAKE EXCEPTIONS TO THE PREFERENCES; TO AMEND SECTION 11-35-40, AS AMENDED, RELATING TO COMPLIANCE WITH FEDERAL REQUIREMENTS, SO AS TO PROVIDE FOR COMPLIANCE WITH THE CONSOLIDATED PROCUREMENT CODE; TO AMEND SECTION 11-35-3215, RELATING TO CONTRACTS FOR DESIGN SERVICES, SO AS TO PROVIDE FOR A RESIDENT PREFERENCE; AND TO REPEAL SECTION 11-35-3025 RELATING TO APPROVAL OF CHANGE ORDERS IN CONNECTION WITH CERTAIN CONTRACTS.

Very respectfully,
President
Received as information.

The SPEAKER ordered the following Veto printed in the Journal:

May 21, 2008
The Honorable André Bauer
President of the Senate
State House, 1st Floor East Wing
Columbia, South Carolina 29202

Dear Mr. President and Members of the Senate:

I am hereby vetoing and returning without my signature S. 401 (Word version), R. 270. The bill amends the resident vendor preferences in the state procurement code by adding a seven percent preference for government contractors and subcontractors who employ South Carolina residents.

This bill is well intentioned. There is nothing seemingly more unfair to South Carolina taxpayers than their government retaining services from an out-of-state firm while local firms are somehow disadvantaged in the reverse. Despite these good intentions, the effect of this bill would be to create greater problems for both taxpayers and private firms down the road. Our thinking is as follows:

One, we do not believe it is the role of government to be in the businesses of picking winners and losers in the commercial marketplace. This bill does. At some point, those of us who are Republicans need to start acting like Republicans who believe in the market, rather than erecting barriers that prevent whoever has the best price and best service to win business. Procurement, it would seem to us, ought to be about getting the best value in service and price for the money. If you go for other objectives, in time you end up with things as harmful to the economy as the price support system that has existed for years in sugar and some other agricultural products.

Two, on the same front, we believe it is the private sector's job to create jobs and government's job is to most efficiently offer its services to its people - rather than go into the jobs creation program by way of erecting barriers.

Three, this will make the cost of government more expensive by requiring the state to purchase goods and services at less than competitive rates. According to the Budget and Control Board's fiscal impact statement, this would mean the state could pay up to 10 percent more on some government contracts.

Today, the cost of government in South Carolina is 130 percent of the national average. Legislation like this, though popular in the political season, does nothing to reduce this cost to the average taxpayer. In that regard, some would say this legislation typifies the view that government can afford to remain inefficient and uncompetitive simply because it's the government.

This legislation only amplifies some of the poor fiscal decisions that have been made in the past few years. While times were good over the past four years, spending increased by 42 percent. Meanwhile, long-term liabilities in both the State Retirement System and the Other Post-Employment Benefits have climbed above $20 billion - saddling future generations with the decisions made in Columbia today. Simply put, our children and grandchildren cannot afford any more politically popular ideas.

The present legislation is especially troubling at a time when government will be bringing in less revenue than in recent years. As the Senate Finance Chairman surely knows - he is the bill's sponsor - revenues are expected to drop for only the second time in fifty years. In the face of diminishing revenue, we should be looking for ways to cut the costs of government rather than inflate them.

Finally, we also have doubts about the bill's constitutionality. The Privileges and Immunities Clause of the United States Constitution prohibits the state from arbitrarily denying rights - including the right to do business - to out-of-state residents. This legislation appears to violate this clause by discriminating against out-of-state employers and employees by making them less competitive in providing goods and services through government contracts. This legislation is similar to the local government ordinances regarding employment practices of government contractors struck down by the U.S. Supreme Court in United Building & Construction Trades Council v. City of Camden.

For these reasons, I am vetoing and returning without my signature S. 401, R. 270.

Sincerely,
Mark Sanford
Governor

The following was introduced:

H. 5201 (Word version) -- Reps. Huggins, McLeod and Ballentine: A HOUSE RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES UPON THE DEATH OF MR. JERRY LEON FOWLER OF LEXINGTON COUNTY AND TO EXTEND THEIR DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

The Resolution was adopted.

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

H. 5202 (Word version) -- Reps. G. R. Smith, Bannister, Bedingfield and Kelly: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 58-9-281 SO AS TO REQUIRE A COMMUNICATIONS SERVICE PROVIDER TO PROVIDE BROADBAND SERVICE TO CONSUMERS LOCATED IN ITS SERVICE AREA.
Referred to Committee on Labor, Commerce and Industry

S. 1392 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO ADVANCED PLACEMENT, DESIGNATED AS REGULATION DOCUMENT NUMBER 3191, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Referred to Committee on Education and Public Works

S. 1395 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO REQUIREMENTS FOR ADDITIONAL AREAS OF CERTIFICATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 3192, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Referred to Committee on Education and Public Works

The following was introduced:

H. 5203 (Word version) -- Reps. Haley, Ballentine, Bingham, Frye, Huggins, McLeod, Ott, E. H. Pitts, Spires and Toole: A HOUSE RESOLUTION TO RECOGNIZE AND COMMEND THE GILBERT HIGH SCHOOL BASEBALL TEAM FOR ITS OUTSTANDING SEASON AND FOR CAPTURING THE 2008 CLASS AA STATE CHAMPIONSHIP TITLE.

The Resolution was adopted.

The Senate sent to the House the following:

S. 1401 (Word version) -- Senator Matthews: A CONCURRENT RESOLUTION TO HONOR AND RECOGNIZE EDWARD RAYMOND MOORE, SR., OF RICHLAND COUNTY, UPON THE OCCASION OF HIS NINETY-SECOND BIRTHDAY AND TO WISH HIM MANY MORE YEARS OF CONTINUED HEALTH AND HAPPINESS.

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

The Senate sent to the House the following:

S. 1403 (Word version) -- Senators Sheheen and Malloy: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE BRIDGE THAT CROSSES THE LYNCHES RIVER WHICH FORMS THE BOUNDARY FOR CHESTERFIELD AND LANCASTER COUNTIES ALONG SOUTH CAROLINA HIGHWAY 9 THE "JUDGE PAUL M. BURCH BRIDGE" AND ERECT APPROPRIATE MARKERS OR SIGNS AT THIS BRIDGE THAT CONTAIN THE WORDS "JUDGE PAUL M. BURCH BRIDGE".
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

Rep. TALLEY moved to adjourn debate upon the following Joint Resolution until Tuesday, May 27, which was adopted:

H. 3533 (Word version) -- Reps. Talley, Kelly and Bannister: A JOINT RESOLUTION TO CREATE A STUDY COMMITTEE TO DETERMINE THE FEASIBILITY OF ESTABLISHING WIND ENERGY PRODUCTION FARMS IN SOUTH CAROLINA, TO PROVIDE FOR THE STUDY COMMITTEE'S MEMBERSHIP, AND TO REQUIRE THE STUDY COMMITTEE TO REPORT ITS FINDINGS AND RECOMMENDATIONS TO THE GENERAL ASSEMBLY BEFORE JANUARY 1, 2008, AT WHICH TIME THE STUDY COMMITTEE IS ABOLISHED.

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

S. 1366 (Word version) -- Senator Land: A BILL TO AMEND SECTION 7-7-190, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN CLARENDON COUNTY, SO AS TO REDESIGNATE A MAP NUMBER FOR THE MAP ON WHICH LINES OF THESE PRECINCTS ARE DELINEATED AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICS OF THE STATE BUDGET AND CONTROL BOARD, AND CORRECT CERTAIN REFERENCES.

S. 1372 (Word version) -- Senator Land: A BILL TO DESIGNATE MAP DOCUMENT NUMBERS FOR MAPS DELINEATING THE BOUNDARY BETWEEN SCHOOL DISTRICTS NO. 1 AND 2 IN CLARENDON COUNTY AND TO PROVIDE THAT THE MAPS DELINEATING THIS BOUNDARY BE FILED AND MAINTAINED IN THE OFFICE OF RESEARCH AND STATISTICS OF THE STATE BUDGET AND CONTROL BOARD.

On motion of Rep. HARVIN, with unanimous consent, it was ordered that S. 1366 (Word version) be read the third time tomorrow.

On motion of Rep. HARVIN, with unanimous consent, it was ordered that S. 1372 (Word version) be read the third time tomorrow.

The COMMITTEE OF CONFERENCE, to whom was referred:

H. 4800 -- Ways and Means Committee: GENERAL APPROPRIATION BILL 2008-2009 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.

Beg leave to report that they have duly and carefully considered the same and recommend:

That the same do pass with the following amendments:

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

Amend title to conform.

Sen. Hugh K. Leatherman           Rep. Daniel T. Cooper
Sen. John C. Land III             Rep. James H. Merrill
Sen. Harvey S. Peeler             Rep. Joseph H. Neal
On Part of the Senate.             On Part of the House.

Rep. COOPER explained the Conference Report.

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

We wish to record our vote of 'nay' on H. 4800, the General Appropriation Bill. As fiscal conservatives, it is our belief that we overspent in certain areas. We also cannot believe that we could not get enough support to make this vote a recorded roll call vote. We should have completed illegal immigration reform before we passed the budget.

Reps. Phillip Shoopman and Eric Bedingfield

I wish to record my vote of 'nay' on H. 4800, the General Appropriation Bill. As a fiscal conservative, I believe we have misspent our resources, having funded some items and deleted other items in this budget which have merit and needed our attention.

Rep. Gloria Haskins

I wish to record my vote of 'nay' on H. 4800, the General Appropriation Bill. Among several other considerations, the 22% cut to the USC-Lancaster budget is an affront to public education in this State.

Rep. Mick Mulvaney

The General Assembly, Columbia, S.C., May 22, 2008
The COMMITTEE OF CONFERENCE, to whom was referred:
H. 4801 (Word version) -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 2007-2008.
Beg leave to report that they have duly and carefully considered the same and recommend:

That the same do pass with the following amendments:

Amend the joint resolution, as and if amended, by striking all after the enacting words and inserting:
/   SECTION   1.   In accordance with the provisions of Article III, Section 36(B)(2) and (3), Constitution of South Carolina, 1895, and Section 11-11-320(C) and (D) of the 1976 Code, there is appropriated from the monies available in the Capital Reserve Fund for Fiscal Year 2007-2008 the following amounts:

(1)   Department of Education

School Bus Operations                   $20,853,307

(2)   Election Commission

General Election 2008                   3,125,000

(3)   Department of Parks, Recreation & Tourism

Destination Specific Grants               5,000,000

(4)   Clemson University

LightRail                               800,000

(5)   University of South Carolina-Columbia

LightRail                               800,000

(6)   Medical University of South Carolina

LightRail                               800,000

(7)   Commission on Higher Education

Research Authority - Hydrogen Grants       2,500,000
Total                                   $33,878,307
SECTION   2.   The Comptroller General shall post the appropriations contained in this joint resolution as provided in Section 11-11-320(D) of the 1976 Code. Unexpended funds appropriated pursuant to this joint resolution may be carried forward to succeeding fiscal years and expended for the same purpose.
SECTION   3.   This joint resolution takes effect thirty days after the completion of the 2007-2008 fiscal year in accordance with the provisions of Article III, Section 36(B)(3)(a), Constitution of South Carolina, 1895, and Section 11-11-320(D)(1) of the 1976 Code.   /

Amend title to conform.

Sen. Hugh K. Leatherman           Rep. Daniel T. Cooper
Sen. John C. Land III             Rep. James H. Merrill
Sen. Harvey S. Peeler             Rep. Joseph H. Neal
On Part of the Senate.            On Part of the House.

Rep. COOPER explained the Conference Report.

Pursuant to the provisions of the Constitution the yeas and nays were taken, resulting as follows:

Those who voted in the affirmative are:

Alexander              Allen                  Anderson
Anthony                Bales                  Bannister
Barfield               Battle                 Bingham
Bowen                  Bowers                 Brady
Branham                Brantley               Breeland
R. Brown               Cato                   Chalk
Clyburn                Cobb-Hunter            Cooper
Crawford               Daning                 Delleney
Edge                   Erickson               Frye
Funderburk             Gambrell               Govan
Gullick                Haley                  Hamilton
Hardwick               Harrell                Harrison
Harvin                 Hayes                  Herbkersman
Hiott                  Hosey                  Howard
Huggins                Hutson                 Jefferson
Kelly                  Kennedy                Kirsh
Knight                 Leach                  Limehouse
Lowe                   Lucas                  Mack
McLeod                 Merrill                Miller
Mitchell               Moody-Lawrence         Moss
J. H. Neal             J. M. Neal             Neilson
Ott                    Owens                  Parks
Phillips               Pinson                 E. H. Pitts
Rice                   Sandifer               Scarborough
Scott                  Sellers                Shoopman
Simrill                Skelton                D. C. Smith
G. M. Smith            G. R. Smith            J. R. Smith
Spires                 Stavrinakis            Talley
Thompson               Toole                  Umphlett
Vick                   Walker                 Weeks
Whipper                White                  Whitmire
Williams               Witherspoon            Young

Those who voted in the negative are:

Bedingfield            Davenport              Duncan
Haskins                Mulvaney               M. A. Pitts

So, the Conference Report was adopted and a message was ordered sent to the Senate accordingly.

The following was received:

Columbia, S.C., May 22, 2008
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Conference on H. 4800:

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 THE OPERATION OF STATE GOVERNMENT DURING THIS FISCAL YEAR AND FOR OTHER PURPOSES.
Very respectfully,
President
Received as information.

The following was received:

Columbia, S.C., May 22, 2008
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Conference on H. 4801:

H. 4801 (Word version) -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 2007-2008.

Very respectfully,
President
Received as information.

The following was received:

Columbia, S.C. May 22, 2008
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that the Report of the Committee of Conference on the following Bill, having been adopted by both Houses, it was ordered that the title be changed to that of an Act and the Act enrolled for ratification:

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 THE OPERATION OF STATE GOVERNMENT DURING THIS FISCAL YEAR AND FOR OTHER PURPOSES.

Very respectfully,
President
Received as information.

The following was received:

Columbia, S.C., May 22, 2008
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that the Report of the Committee of Conference on the following Joint Resolution, having been adopted by both Houses, it was ordered that the title be changed to that of an Act and the Act enrolled for ratification:

H. 4801 (Word version) -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 2007-2008.

Very respectfully,
President
Received as information.

Columbia, S.C., May 22, 2008
Mr. Speaker and Members of the House:

The Senate respectfully invites your Honorable Body to attend in the Senate Chamber at 3:10 p.m. today for the purpose of ratifying Acts.

Very respectfully,
President

On motion of Rep. LIMEHOUSE the invitation was accepted.

Rep. GOVAN moved that upon the completion of the Ratification of Acts, the House stand adjourned, which was agreed to.

At 3:00 p.m. the House attended in the Senate Chamber, where the following Acts and Joint Resolutions were duly ratified:

(R281, S. 111 (Word version)) -- Senators Leventis, Knotts and Scott: AN ACT TO AMEND SECTION 56-5-970, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRAFFIC-CONTROL SIGNALS, SO AS TO PROVIDE THE CIRCUMSTANCES IN WHICH A DRIVER OF A MOTORCYCLE OR MOPED, OR A BICYCLE RIDER MAY PROCEED THROUGH A HIGHWAY INTERSECTION CONTROLLED BY A TRAFFIC CONTROL DEVICE THAT IS DISPLAYING A STEADY RED LIGHT.

(R282, S. 638 (Word version)) -- Senators Campsen, Fair, Bryant, Vaughn, Hawkins, Alexander, Grooms, Sheheen, Setzler, Cromer, McConnell, Land, Verdin, Peeler, Hayes, Ritchie, Anderson, Thomas, Scott, Martin, Knotts, Ryberg, Ceips, O'Dell, McGill and Malloy: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-1-160 SO AS TO ENACT THE "SOUTH CAROLINA PUBLIC INVOCATION ACT" TO ALLOW A GOVERNING BODY OF A STATE OR LOCAL GOVERNMENT BODY TO ADOPT, BY ORDINANCE, RESOLUTION, OR POLICY STATEMENT, A POLICY THAT PRESERVES THE TRADITION OF SOLEMNIZING PUBLIC PROCEEDINGS BY ALLOWING FOR AN OPENING INVOCATION USING ONE OF THREE METHODS AND TO DEFINE "PUBLIC INVOCATION" AND "DELIBERATIVE PUBLIC BODY".

(R283, S. 991 (Word version)) -- Senator McConnell: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 60-11-120 SO AS TO PROVIDE FOR THE DISPOSITION OF DUPLICATIVE ARCHIVAL MATERIAL BY THE SOUTH CAROLINA COMMISSION OF ARCHIVES AND HISTORY; AND TO REPEAL SECTION 59-103-200 RELATING TO DISPOSITION OF DUPLICATIVE ARCHIVAL MATERIAL.

(R284, S. 1048 (Word version)) -- Senators Martin and Alexander: AN ACT TO AMEND SECTION 61-4-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SUNDAY SALE OF WINE OR BEER IN THIS STATE, SO AS TO PROVIDE AN EXCEPTION FOR WINE THAT IS HARVESTED, PROCESSED, FERMENTED, BOTTLED, AND SOLD AT THE SAME CONTIGUOUS LOCATION, LICENSING AND TAXING REQUIREMENTS ARE MET, AND THE COUNTY OR MUNICIPAL GOVERNING BODY ADOPTS AN ORDINANCE PERMITTING WINE SALES ON SUNDAY.

(R285, S. 1085 (Word version)) -- Senators McConnell and Hayes: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-13-1331 SO AS TO PROVIDE A CORPORATION OR COMMITTEE OF A CORPORATION MAY SOLICIT CONTRIBUTIONS FROM ITS SHAREHOLDERS AND EXECUTIVE OR ADMINISTRATIVE PERSONNEL AND FAMILY MEMBERS OF PERSONNEL OF THE CORPORATION OR ITS SUBSIDIARIES, BRANCHES, AND DIVISIONS, AMONG OTHER THINGS; TO AMEND SECTION 8-13-100, AS AMENDED, RELATING TO CERTAIN DEFINITIONS RELATED TO ETHICS AND GOVERNMENT ACCOUNTABILITY, SO AS TO PROVIDE THE APPROPRIATE SUPERVISORY OFFICE FOR THE FILING OF CERTAIN ETHICS AND ACCOUNTABILITY REPORTS BY SENATE STAFF MEMBERS IS THE SENATE ETHICS COMMITTEE AND THE APPROPRIATE SUPERVISORY OFFICE FOR THE FILING OF CERTAIN ETHICS AND ACCOUNTABILITY REPORTS BY HOUSE OF REPRESENTATIVES STAFF MEMBERS IS THE HOUSE OF REPRESENTATIVES ETHICS COMMITTEE; TO AMEND SECTION 8-13-320, AS AMENDED, RELATING TO DUTIES AND POWERS OF THE STATE ETHICS COMMISSION, SO AS TO PROVIDE EXEMPT SENATE AND HOUSE OF REPRESENTATIVES STAFF MEMBERS FROM CERTAIN INVESTIGATORY POWERS OF THE STATE ETHICS COMMISSION; TO AMEND SECTION 8-13-1300, AS AMENDED, RELATING TO CERTAIN DEFINITIONS RELATED TO CAMPAIGN PRACTICES, SO AS TO PROVIDE THE APPROPRIATE SUPERVISORY OFFICE FOR THE FILING OF CERTAIN ETHICS AND ACCOUNTABILITY REPORTS BY SENATE STAFF MEMBERS IS THE SENATE ETHICS COMMITTEE AND THE APPROPRIATE SUPERVISORY OFFICE FOR THE FILING OF CERTAIN ETHICS AND ACCOUNTABILITY REPORTS BY HOUSE OF REPRESENTATIVES STAFF MEMBERS IS THE HOUSE OF REPRESENTATIVES ETHICS COMMITTEE; TO AMEND SECTION 8-13-530, AS AMENDED, RELATING TO ADDITIONAL POWERS AND DUTIES OF THE STATE ETHICS COMMISSION, SO AS TO INCLUDE LEGISLATIVE STAFF; TO AMEND SECTION 8-13-1306, AS AMENDED, RELATING TO THE REQUIREMENTS OF A STATEMENT OF ORGANIZATION OF A COMMITTEE OR BALLOT MEASURE COMMITTEE, SO AS TO PROVIDE THESE STATEMENTS MUST INCLUDE THE NAME AND ADDRESS OF SPECIFIC AFFILIATED COMMITTEES; AND TO AMEND SECTION 8-13-1308, AS AMENDED, RELATING TO THE FILING OF CERTIFIED CAMPAIGN REPORTS BY CANDIDATES AND COMMITTEES, SO AS TO PROVIDE A COMMITTEE OF A CORPORATION THAT SOLICITS CONTRIBUTIONS PURSUANT TO SECTION 8-13-1331 MUST CERTIFY COMPLIANCE WITH THAT SECTION ON A FORM PROVIDED BY THE STATE ETHICS COMMISSION.

(R286, S. 1161 (Word version)) -- Senator Williams: AN ACT TO AMEND ACT 254 OF 1981, RELATING TO THE MARION COURT LIBRARY COMMISSION AND THE MARION COURT LIBRARY, TO PROVIDE THAT FUNDS REMAINING IN THE MARION COURT LIBRARY FUND AFTER PURCHASING BOOKS, LEGAL PERIODICALS, AND OTHER NECESSARY LIBRARY SUPPLIES MAY BE USED FOR THE COURT SYSTEM IN MARION COUNTY.

(R287, S. 1339 (Word version)) -- Senators Leatherman and McGill: AN ACT TO AMEND ACT 1095 OF 1962, RELATING TO THE LOWER FLORENCE COUNTY HOSPITAL DISTRICT, TO PROVIDE THAT THE DISTRICT SHALL BE COMPRISED OF THAT PORTION OF FLORENCE COUNTY THAT IS SOUTH OF THE LYNCHES RIVER.

(R288, H. 3567 (Word version)) -- Reps. Rice, Gullick, Cotty and Agnew: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-21-625 SO AS TO IMPOSE A SURTAX ON EACH CIGARETTE IN AN AMOUNT OF TWO AND ONE-HALF CENTS, PROVIDE FOR THE CREDITING OF THE REVENUE FROM THE SURTAX TO THE SMOKING PREVENTION AND CESSATION TRUST FUND, THE DEPARTMENT OF AGRICULTURE FOR MARKETING STATE-GROWN CROPS, THE MEDICAID TRUST FUND, AND THE HEALTH CARE TRUST FUND, PROVIDE FOR REPORTING, PAYMENT, COLLECTION, AND ENFORCEMENT OF THE SURTAX, AND DEFINE "CIGARETTE"; TO AMEND SECTION 12-21-620, RELATING TO THE ORIGINAL CIGARETTE TAX, SO AS TO CONFORM DEFINITIONS; BY ADDING SECTION 11-11-230 SO AS TO CREATE AND ESTABLISH IN THE STATE TREASURY THE SMOKING PREVENTION AND CESSATION TRUST FUND, THE MEDICAID TRUST FUND, THE HEALTH CARE TRUST FUND, AND THE PALMETTO HEALTH CARE SAFETY NET TRUST FUND, ALL SO AS TO RECEIVE DEPOSITS OF THE REVENUES FROM THE CIGARETTE SURTAX AS SPECIFIED; TO PROVIDE FOR USE OF THE MEDICAID TRUST FUND FOR MEDICAID SERVICES TO LOW INCOME FAMILIES WITH INCOMES UP TO ONE HUNDRED PERCENT OF THE PREVAILING POVERTY LEVEL, PROVIDE FOR ADDITIONAL COVERAGE FOR THE STATE CHILDREN'S HEALTH INSURANCE PROGRAM AND THE AGED, BLIND, AND DISABLED PROGRAM WITH ANY EXCESS FUNDS, AND TO PROVIDE FOR ANNUAL REPORTS ON THE MEDICAID TRUST FUND; BY ADDING CHAPTER 62 TO TITLE 38 SO AS TO CREATE AND ESTABLISH THE PALMETTO HEALTH CARE PREMIUM ASSISTANCE PROGRAM, PROVIDING FOR PREMIUM ASSISTANCE IN THE AVERAGE AMOUNT OF TWO THOUSAND DOLLARS TO AN ELIGIBLE INDIVIDUAL TOWARD THE PURCHASE OF A QUALIFYING HEALTH INSURANCE PLAN, DESCRIBING ELIGIBILITY REQUIREMENTS AND THE CERTIFICATION PROCESS, DEFINING THE QUALIFYING INDIVIDUALLY OR EMPLOYER-SPONSORED INSURANCE PLANS, AND PROVIDING FOR ADMINISTRATION AND REPORTING BY THE DEPARTMENT OF INSURANCE; BY ADDING SECTION 38-74-75 SO AS TO CREATE THE PALMETTO HEALTH CARE SAFETY NET PROGRAM, ESTABLISHING A SELF-SUSTAINING AND FINANCIALLY INDEPENDENT PORTION OF THE PREMIUM ASSISTANCE POOL, AND PROVIDING FOR ELIGIBILITY REQUIREMENTS, ADMINISTRATION, AND REPORTING BY THE DEPARTMENT OF INSURANCE AND OPERATING GUIDELINES; TO PROHIBIT THE EXCESSIVE PURCHASE OF CIGARETTES FOR RESALE IN ANTICIPATION OF THE APPLICATION OF THE SURTAX; AND TO CREATE A STUDY COMMITTEE ON HEALTH CARE ACCESS AND AFFORDABILITY, PROVIDE FOR ITS MEMBERSHIP, AND REQUIRE A REPORT ON ITS FINDINGS AND RECOMMENDATIONS BY JANUARY 1, 2010.

(R289, H. 3906 (Word version)) -- Reps. Witherspoon and Moss: AN ACT 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.

(R290, H. 4328 (Word version)) -- Reps. Harrison, Delleney, Haskins, G.M. Smith, Cotty, McLeod and Hart: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-23-505 SO AS TO DEFINE CERTAIN TERMS; BY ADDING SECTION 1-23-535 SO AS TO PROVIDE THAT THE ADMINISTRATIVE LAW COURT SHALL HAVE AN OFFICIAL SEAL; TO AMEND SECTION 1-23-310, RELATING TO DEFINITIONS FOR PURPOSES OF ADMINISTRATIVE PROCEDURES, SO AS TO CHANGE A REFERENCE TO THE ADMINISTRATIVE LAW JUDGE DIVISION TO THE ADMINISTRATIVE LAW COURT; TO AMEND SECTION 1-23-320, RELATING TO CONTESTED CASE HEARINGS, SO AS TO DELETE A PROVISION REGARDING THE HANDLING OF ATTENDANCE AND TESTIMONY OF WITNESSES, PRODUCTION OF BOOKS, PAPERS, AND RECORDS, AND OTHER PROCEDURAL MATTERS AND TO PROVIDE FOR ENFORCEMENT OR RELIEF FROM AN AGENCY SUBPOENA BEFORE THE COURT; TO AMEND SECTION 1-23-380, AS AMENDED, RELATING TO JUDICIAL REVIEW AFTER EXHAUSTION OF ADMINISTRATIVE REMEDIES, SO AS TO DELETE REFERENCES TO THE ADMINISTRATIVE LAW COURT AND TO REVIEW BY AN ADMINISTRATIVE LAW JUDGE OF A FINAL DECISION IN A CONTESTED CASE TO CONFORM THE PROCEDURES TO OTHER PROCEDURAL PROVISIONS REGARDING THE COURT; TO AMEND SECTION 1-23-560, RELATING TO THE APPLICATION OF THE CODE OF JUDICIAL CONDUCT TO THE ADMINISTRATIVE LAW COURT, SO AS TO PROVIDE THAT THE CODE OF JUDICIAL CONDUCT SERVES AS THE SOLE GROUNDS FOR DISCIPLINE OF ADMINISTRATIVE LAW JUDGES AND TO ALLOW ADMINISTRATIVE LAW JUDGES AND SPOUSES TO ACCEPT INVITATIONS TO CERTAIN JUDICIAL-RELATED FUNCTIONS; TO AMEND SECTION 1-23-600, AS AMENDED, RELATING TO HEARINGS AND PROCEEDINGS OF THE ADMINISTRATIVE LAW COURT, SO AS TO CONFORM THE PROCEDURES TO OTHER PROCEDURAL PROVISIONS REGARDING THE COURT AND TO PROHIBIT THE HEARING OF CERTAIN INMATE APPEALS BY THE COURT; TO AMEND SECTION 1-23-610, AS AMENDED, RELATING TO REVIEW OF DECISIONS OF THE ADMINISTRATIVE LAW COURT, SO AS TO CONFORM THE PROCEDURES TO OTHER PROCEDURAL PROVISIONS REGARDING THE COURT AND TO DELETE THE PROVISION REQUIRING APPROPRIATED MONIES TO BE USED FOR THE SAME PURPOSE INDEFINITELY; AND TO AMEND SECTION 1-23-640, RELATING TO THE VENUE WHERE ADMINISTRATIVE LAW COURT CASES ARE HEARD, SO AS TO PROVIDE THAT CONTESTED CASES WILL BE HEARD AT THE PRINCIPAL OFFICES OR AT ANOTHER SUITABLE LOCATION UNDER CERTAIN CIRCUMSTANCES.

(R291, H. 4735 (Word version)) -- Reps. Harrell, Cato, Funderburk, Loftis, Sandifer, Thompson, Owens, Harvin, Bedingfield, Leach, Bales, Whipper and R. Brown: A JOINT RESOLUTION TO CREATE THE SOUTH CAROLINA EDUCATIONAL BROADBAND SERVICE COMMISSION FOR THE PURPOSE OF OBTAINING AND EVALUATING PROPOSALS FROM COMMERCIAL ENTITIES FOR THE LEASING OF SPECTRUM CAPACITY LICENSED TO THE SOUTH CAROLINA EDUCATIONAL TELEVISION NETWORK, TO PROVIDE A PROCESS FOR APPROVAL OF THE LEASES, TO PROVIDE THAT REVENUE RECEIVED FROM THE LEASE OF SPECTRUM CAPACITY MUST BE DEPOSITED INTO THE STATE GENERAL FUND, TO EXEMPT THE LEASES FROM THE CONSOLIDATED PROCUREMENT CODE, AND TO PROVIDE FOR THE MEMBERSHIP, POWERS, AND DUTIES OF THE COMMISSION.

(R292, H. 4750 (Word version)) -- Reps. Cobb-Hunter and McLeod: AN ACT TO AMEND SECTION 37-11-100, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISCIPLINARY PROCEDURES FOR THOSE WHO MANAGE CONTINUING CARE FACILITIES, SO AS TO DELETE OBSOLETE PROVISIONS, PROVIDE GROUNDS FOR WHICH DISCIPLINARY ACTION MAY BE TAKEN, PROVIDE TYPES OF DISCIPLINARY ACTION THAT MAY BE TAKEN, REQUIRE THAT DISCIPLINARY ACTION OCCUR SUBJECT TO THE ADMINISTRATIVE PROCEDURES ACT, AND REQUIRE A PERSON WHO HAS UNDERTAKEN UNLAWFUL CONDUCT TO REPAY COSTS OF ENFORCEMENT OF THE CHAPTER; BY ADDING SECTION 37-11-125 SO AS TO PROVIDE THAT THE ATTORNEY GENERAL MAY FILE AN ACTION IN THE ADMINISTRATIVE LAW COURT OR CIVIL COURT TO ENFORCE PROVISIONS OF THIS CHAPTER; TO AMEND SECTION 37-11-135, RELATING TO EXEMPTIONS FROM DISCIPLINARY PROCEDURES, SO AS TO PROVIDE THAT EXEMPT COMMUNITIES MUST OBTAIN A LETTER OF NONAPPLICABILITY; BY ADDING SECTION 37-11-137 SO AS TO PROVIDE THAT FUNDS COLLECTED BY THE DEPARTMENT MUST BE USED TO IMPLEMENT THE PROVISIONS OF THIS CHAPTER; AND TO AMEND SECTION 37-11-140, RELATING TO THE EFFECTIVE DATE OF THE CHAPTER, SO AS TO DELETE OBSOLETE PROVISIONS.

(R293, H. 4800 ) -- Ways and Means Committee: AN ACT 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 THE OPERATION OF STATE GOVERNMENT DURING THIS FISCAL YEAR AND FOR OTHER PURPOSES.

(R294, H. 4801 (Word version)) -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 2007-2008.

(R295, H. 4876 (Word version)) -- Reps. Cooper and Cotty: AN ACT TO AMEND SECTION 9-1-1810, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AWARD OF ANNUAL COST-OF-LIVING INCREASES IN BENEFITS PAID BY THE SOUTH CAROLINA RETIREMENT SYSTEM TO REFLECT INCREASES IN THE CONSUMER PRICE INDEX, SO AS TO INCREASE FROM ONE PERCENT TO TWO PERCENT THE GUARANTEED ANNUAL ADJUSTMENT AND TO REVISE THE CRITERIA, INCLUDING INCREASED EMPLOYER CONTRIBUTIONS, WHICH MUST BE MET BEFORE FURTHER INCREASES MAY BE AWARDED SUBJECT TO THE CURRENT OVERALL FOUR PERCENT LIMIT ON ANNUAL COST-OF-LIVING INCREASES; TO AMEND SECTION 9-11-310, AS AMENDED, RELATING TO THE AWARD OF AN ANNUAL COST-OF-LIVING INCREASE IN BENEFITS PAID BY THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM TO REFLECT INCREASES IN THE CONSUMER PRICE INDEX, SO AS TO PROVIDE A GUARANTEED TWO PERCENT ANNUAL ADJUSTMENT AND TO REVISE THE CRITERIA, INCLUDING INCREASED EMPLOYER CONTRIBUTIONS, WHICH MUST BE MET BEFORE FURTHER INCREASES MAY BE AWARDED SUBJECT TO THE CURRENT OVERALL FOUR PERCENT LIMIT ON ANNUAL COST-OF-LIVING INCREASES, TO PROVIDE FOR THE MANNER IN WHICH THE ABOVE PROVISIONS SHALL READ UPON CERTAIN CONDITIONS, AND TO PROVIDE THE ACTIONS REQUIRED BY THE STATE BUDGET AND CONTROL BOARD FOR THE ABOVE PROVISIONS TO BECOME EFFECTIVE; TO AMEND SECTION 9-8-125, AS AMENDED, RELATING TO THE ELECTION OF A MEMBER OF THE RETIREMENT SYSTEM FOR JUDGES AND SOLICITORS TO RECEIVE BENEFITS FROM THE GENERAL ASSEMBLY RETIREMENT SYSTEM UNDER CERTAIN CONDITIONS, SO AS TO LOWER THE REQUIRED AGE OF THE MEMBER; TO AMEND SECTIONS 9-1-1020, 9-1-1620, 9-1-1680, AND 9-1-1970, ALL AS AMENDED, RELATING TO THE SOUTH CAROLINA RETIREMENT SYSTEM, AND BY ADDING SECTIONS 9-1-1625, 9-1-1665, 9-1-1975, AND 9-1-1980 ALL SO AS TO COMPLY WITH THE QUALIFICATION REQUIREMENTS OF THE INTERNAL REVENUE CODE FOR THIS RETIREMENT SYSTEM WITH REGARD TO EMPLOYEE BENEFITS, EMPLOYER CONTRIBUTIONS, AND OTHER RELATED MATTERS PERTAINING TO PARTICIPATION IN AND PROCEDURES FOR THIS SYSTEM; TO AMEND SECTIONS 9-8-130, 9-8-190, BOTH AS AMENDED, AND 9-8-240, RELATING TO THE RETIREMENT SYSTEM FOR JUDGES AND SOLICITORS, AND BY ADDING SECTIONS 9-8-245, 9-8-250, 9-8-260, AND 9-8-270 ALL SO AS TO COMPLY WITH THE QUALIFICATION REQUIREMENTS OF THE INTERNAL REVENUE CODE FOR THIS SYSTEM WITH REGARD TO EMPLOYEE BENEFITS, EMPLOYER CONTRIBUTIONS, AND OTHER RELATED MATTERS PERTAINING TO PARTICIPATION IN AND PROCEDURES FOR THIS SYSTEM; TO AMEND SECTIONS 9-9-70, AS AMENDED, 9-9-120, 9-9-180, AS AMENDED, AND 9-9-240, RELATING TO THE RETIREMENT SYSTEM FOR MEMBERS OF THE GENERAL ASSEMBLY, AND BY ADDING SECTIONS 9-9-245, 9-9-250, 9-9-255, AND 9-9-260 ALL SO AS TO COMPLY WITH THE QUALIFICATION REQUIREMENTS OF THE INTERNAL REVENUE CODE FOR THIS RETIREMENT SYSTEM WITH REGARD TO EMPLOYEE BENEFITS, EMPLOYER CONTRIBUTIONS, AND OTHER RELATED MATTERS PERTAINING TO PARTICIPATION IN AND PROCEDURES FOR THIS SYSTEM; TO AMEND SECTIONS 9-11-150, 9-11-210, 9-11-270, ALL AS AMENDED, AND 9-11-350, RELATING TO THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM, AND BY ADDING SECTIONS 9-11-155, 9-11-175, 9-11-355, AND 9-11-360 ALL SO AS TO COMPLY WITH THE QUALIFICATION REQUIREMENTS OF THE INTERNAL REVENUE CODE FOR THIS RETIREMENT SYSTEM WITH REGARD TO EMPLOYEE BENEFITS, EMPLOYER CONTRIBUTIONS, AND OTHER RELATED MATTERS PERTAINING TO PARTICIPATION IN AND PROCEDURES FOR THIS SYSTEM; TO AMEND SECTION 9-16-20, AS AMENDED, RELATING TO THE INVESTMENT OF ASSETS OF THE SOUTH CAROLINA RETIREMENT SYSTEMS, SO AS TO COMPLY WITH THE QUALIFICATION REQUIREMENTS OF THE INTERNAL REVENUE CODE; BY ADDING CHAPTER 12 TO TITLE 9 SO AS TO PROVIDE FOR QUALIFIED EXCESS BENEFIT ARRANGEMENTS; TO AMEND SECTIONS 9-1-10, 9-1-1140, AND 9-1-1620, ALL AS AMENDED, RELATING TO THE SOUTH CAROLINA RETIREMENT SYSTEMS, AND BY ADDING SECTIONS 9-1-320, 9-1-1135, AND 9-1-1775 ALL SO AS TO CODIFY CERTAIN REGULATIONS TO FURTHER IDENTIFY THE PLAN DOCUMENT FOR COMPLIANCE WITH THE QUALIFICATION REQUIREMENTS OF THE INTERNAL REVENUE CODE FOR THIS RETIREMENT SYSTEM; TO AMEND SECTION 9-8-70, AS AMENDED, RELATING TO THE RETIREMENT SYSTEM FOR JUDGES AND SOLICITORS, AND BY ADDING SECTIONS 9-8-35 AND 9-8-185 ALL SO AS TO CODIFY CERTAIN REGULATIONS TO FURTHER IDENTIFY THE PLAN DOCUMENT FOR COMPLIANCE WITH THE QUALIFICATION REQUIREMENTS OF THE INTERNAL REVENUE CODE FOR THIS RETIREMENT SYSTEM; TO AMEND SECTION 9-9-70, AS AMENDED, RELATING TO THE RETIREMENT SYSTEM FOR MEMBERS OF THE GENERAL ASSEMBLY, AND BY ADDING SECTIONS 9-9-31 AND 9-9-175 ALL SO AS TO FURTHER IDENTIFY THE PLAN DOCUMENT FOR COMPLIANCE WITH THE REQUIREMENTS OF THE INTERNAL REVENUE CODE FOR THIS SYSTEM; TO AMEND SECTIONS 9-11-50 AND 9-11-150, BOTH AS AMENDED, RELATING TO THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM, AND BY ADDING SECTIONS 9-11-35, 9-11-125, AND 9-11-265 ALL SO AS TO CODIFY CERTAIN REGULATIONS TO FURTHER IDENTIFY THE PLAN DOCUMENT FOR COMPLIANCE WITH THE QUALIFICATION REQUIREMENTS OF THE INTERNAL REVENUE CODE FOR THIS RETIREMENT SYSTEM; TO AMEND SECTION 12-6-40, AS AMENDED, RELATING TO THE REFERENCE DATE BY WHICH THIS STATE ADOPTS VARIOUS PROVISIONS OF THE INTERNAL REVENUE CODE OF 1986, SO AS TO PROVIDE A REFERENCE DATE OF DECEMBER 31, 2007; AND TO PROVIDE THAT UPON THE EFFECTIVE DATE OF THIS ACT, REGULATIONS 19-900 THROUGH 19-997 OF THE SOUTH CAROLINA CODE OF REGULATIONS SHALL HAVE NO APPLICATION TO THE OPERATION OF TITLE 9 OF THE 1976 CODE.

The Senate returned to the House with concurrence the following:

H. 4850 (Word version) -- Reps. Witherspoon, Clemmons and Hardwick: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE BRIDGE THAT CROSSES MAPLE SWAMP ALONG ADRIAN HIGHWAY IN HORRY COUNTY "JULIAN A. BOOTH MEMORIAL BRIDGE" AND ERECT APPROPRIATE MARKETS OR SIGNS AT THIS BRIDGE THAT CONTAIN THE WORDS "JULIAN A. BOOTH MEMORIAL BRIDGE".

H. 5187 (Word version) -- Rep. Toole: A CONCURRENT RESOLUTION TO CONGRATULATE DEREK ALLAN COTHRAN OF LEXINGTON COUNTY FOR ACHIEVING THE ELITE RANK OF EAGLE SCOUT, AND TO WISH HIM EVERY SUCCESS IN ALL HIS FUTURE ENDEAVORS.

H. 5188 (Word version) -- Rep. Toole: A CONCURRENT RESOLUTION TO CONGRATULATE ANDERSON ELMS CULVERN OF LEXINGTON COUNTY FOR ACHIEVING THE ELITE RANK OF EAGLE SCOUT, AND TO WISH HIM EVERY SUCCESS IN ALL HIS FUTURE ENDEAVORS.

H. 5189 (Word version) -- Reps. Jefferson and Williams: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR MADELIN J. GIBSON-GUY OF BERKELEY COUNTY FOR HER SERVICE THROUGHOUT THIRTY-SIX YEARS AS AN EDUCATOR, AND TO CONGRATULATE HER UPON THE OCCASION OF HER RETIREMENT AS PRINCIPAL OF BERKELEY INTERMEDIATE SCHOOL.

H. 5190 (Word version) -- Rep. Hayes: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND DR. JULIE S. VON FRANK OF FLORENCE COUNTY FOR HER SERVICE THROUGHOUT THIRTY-FOUR YEARS AS AN EDUCATOR, UPON THE OCCASION OF HER RETIREMENT AND TO WISH HER SUCCESS AND HAPPINESS IN ALL HER FUTURE ENDEAVORS.

H. 5193 (Word version) -- Reps. Pinson, Parks, M. A. Pitts, Agnew, Alexander, Allen, Anderson, Anthony, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bingham, Bowen, Bowers, Brady, Branham, Brantley, Breeland, G. Brown, R. Brown, Cato, Chalk, Clemmons, Clyburn, Cobb-Hunter, Coleman, Cooper, Cotty, Crawford, Daning, Dantzler, Davenport, Delleney, Duncan, Edge, Erickson, Frye, Funderburk, Gambrell, Govan, Gullick, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Hart, Harvin, Haskins, Hayes, Herbkersman, Hiott, Hodges, Hosey, Howard, Huggins, Hutson, Jefferson, Jennings, Kelly, Kennedy, Kirsh, Knight, 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, Perry, Phillips, E. H. 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 RECOGNIZE AND HONOR DR. GARY GOFORTH FOR HIS MANY YEARS OF SERVICE AS A SOUTH CAROLINA FAMILY PHYSICIAN, MEMBER OF THE UNITED STATES ARMED FORCES, AND COMMUNITY LEADER, AND TO WISH DR. AND MRS. GOFORTH WELL AS THEY LEAVE THIS SUMMER TO TEACH IN AFGHANISTAN FOR A YEAR.

At 4:04 p.m. the House, in accordance with the motion of Rep. HUGGINS, adjourned in memory of Jerry Fowler of Chapin, to meet at 10:00 a.m. tomorrow.

This web page was last updated on Monday, June 22, 2009 at 12:03 P.M.