Indicates Matter Stricken
Indicates New Matter
The House assembled at 12:00 noon.
Deliberations were opened with prayer by Rev. Charles E. Seastrunk, Jr., as follows:
Our thought for today is from Psalm 39:4: "Seize the day. Lord, let me know how fleeting life is."
Let us pray. Lord of life, help us to cherish today and every day by living it in service to others. Each of us have been called by You for service in this House, to do Your will and the will of the people. Guide us through these days with Your spirit in us. Bless our Nation, President, State, Governor, Speaker, this Honorable Assembly, and all who serve in these Halls of Government. Protect our defenders of freedom at home and abroad as they protect us. In the name of our Lord. Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.
After corrections to the Journal of the proceedings of Friday, the SPEAKER ordered it confirmed.
Rep. TALLEY moved that when the House adjourns, it adjourn in memory of Jeannine Kelly Smoak of Laurens, sister of Representative Kelly, which was agreed to.
The following was received:
Memorandum To: Clerk of the House
Clerk of the Senate
Re: Committee Hearings, April 1, 2008
The Committee to Screen Candidates for Boards of Trustees of State Colleges and Universities finds the following candidates for Boards of
The Citadel
At-large Glenn D. Addison
Clemson University
At-large one seat
(term to expire 2010) Pat Black, Jr.
John L. Cote, Jr.
Jack W. Erter, Jr. (withdrew Apr. 4)
Nicky McCarter
Neil C. Robinson, Jr.
Steven G. Strickland
Rodney Williams
Lander University
One Congressional District
1st District, Seat 2 Robert A. Brimmer
Winthrop University
One Congressional District
2nd District, Seat 2 Donna G. Tinsley
Respectfully submitted,
Rep. Olin Phillips, Chm. Sen. Thomas Alexander
Rep. Lanny F. Littlejohn Sen. Linda Short
Rep. Joan Brady Sen. Jake Knotts
Rep. Floyd Breeland Sen. Harvey S. Peeler, Jr.
The meeting was conducted on April 1, 2008 at 433 Blatt Building, Columbia, South Carolina, before Lisa F. Huffman, Court Reporter and Notary Public in and for the State of South Carolina.
Representative Olin Phillips, Chairman
Senator Jake Knotts, Vice-Chairman
Representative Floyd Breeland
Representative Joan Brady
Representative Lanny F. Littlejohn
Senator Harvey S. Peeler, Jr.
Also present:
Sophia Derrick
CHAIRMAN PHILLIPS: We'll go to the Citadel, Glen D. Addison. Please stand and raise your right hand. Will the information given here today be the truth, nothing but the truth, so help you God?
(Affirmation)
MR. ADDISON: Yes, sir.
CHAIRMAN PHILLIPS: Mr. Addison, do you have any health-related problems that the Screening Committee should be made aware of that would prevent you from serving on the board in a full capacity?
MR. ADDISON: No, sir.
CHAIRMAN PHILLIPS: Considering your present occupation and other activities, would you be able to attend board meetings on a regular basis?
MR. ADDISON: Yes, sir.
CHAIRMAN PHILLIPS: Do you have any interests, professionally or personally that present a conflict of interest because of your service on the board?
MR. ADDISON: No, sir.
CHAIRMAN PHILLIPS: Do you now hold any public position of honor or trust that, if elected to the board, would cause you to violate the dual office holding clause of the constitution?
MR. ADDISON: No, sir.
CHAIRMAN PHILLIPS: Thank you. Go ahead with a short statement, sir.
MR. ADDISON: Thank you, Mr. Chairman. And ladies and gentlemen, my name is Glen Addison. I'm currently a legislative elected member for the Citadel Board of Visitors, and have been on the board since 2002. In that time, I've served as both the Chairman of the Buildings and Grounds Committee, Chairman of the Strategic Planning Committee, which I currently serve in that capacity. Also, Chairman of
I have served also in the military for quite some time. In my 29th year now, and six of that was active duty in the Air Force upon graduation from the Citadel, 18 at the South Carolina Air National Guard of McIntyre, and since 2003, I've been the Regional Director for a program called AFNSEPA, which is Air Force National Security Emergency Preparedness Agency. We are the Air Force representatives for defense supports of the authorities. In that capacity, I've served in eight states as the director of what's known as FEMA Region Four. That brings me -- gives me a unique skill set that applies to working with our corp cadets, and I'm currently the only member of the board that has current military experience outside of General Spears, who's Adjutant General, and, of course, not a graduate of the Citadel, but he serves as an ex-officio member. So, I'm able to speak with our cadet corp, which quite a few, as you know, enter the military, on current matters dealing with the military, which gives me a unique perspective. I'm a businessman. I work with Merck Pharmaceutical. I currently live on Daniel Island in Charleston. And previously owned a business in that arena, and have served in quite a few different areas with the Citadel Alumni Affairs, both as President of the Citadel Club here, the Regional Director for our program for four counties, and then sought election as the Board of Visitors member back in 2002. I look forward to continuing my service to the school. It's been an honor to be able to do that, to represent the school down there, and here at the legislature, so I'll take any questions that you may have.
CHAIRMAN PHILLIPS: Do the committee members have any questions?
SENATOR PEELER: General, I just appreciate your willingness to serve.
MR. ADDISON: Thank you, sir.
SENATOR PEELER: Move for favorable report.
SENATOR KNOTTS: Second.
CHAIRMAN PHILLIPS: Knotts second. All in favor, signify by saying, Aye.
COMMITTEE: Aye.
MR. ADDITION: Thank you.
CHAIRMAN PHILLIPS: Next, in order, let's skip over Clemson at this time and do Lander. There's only one there, and it's Robert A. Brimmer, First District, Seat Two.
MR. BRIMMER: Good morning.
I'm a 1988 graduate alumnus of Lander University, and I feel very strongly that Lander does a very good job of it's commitment to quality education for South Carolina. Since being on the board, Dr. Ball and his staff at Lander have done a great job. We have been active in constructing very new, state-of-the-art facilities, as well as catching up on some long-term maintenance that needed to happen, as well as
We are consistently one of the lowest tuition schools in South Carolina, so we're very proud of that, being able to accomplish other goals, as well.
CHAIRMAN PHILLIPS: Are there any questions from any committee members?
REPRESENTATIVE BREELAND: Move forward.
SENATOR PEELER: Second.
CHAIRMAN PHILLIPS: Motion is approved. Second by Senator Peeler. All in favor, signify by saying, Aye.
COMMITTEE: Aye.
CHAIRMAN PHILLIPS: Unanimous. Thank you, sir.
MR. BRIMMER: Thank you very much.
CHAIRMAN PHILLIPS: We'll go to Winthrop University, Second District, Seat Two, Donna G. Tinsley.
MS. TINSLEY: Good morning, Mr. Chairman and members of the committee. My name is Donna Glen Tinsley.
CHAIRMAN PHILLIPS: Donna, raise your right hand.
MS. TINSLEY: Oh, excuse me.
CHAIRMAN PHILLIPS: Please stand and raise your right hand. Will the information given here today be the truth, nothing but the truth, so help you God?
(Affirmation)
CHAIRMAN PHILLIPS: Do you have any health-related problems that the Screening Committee should be made aware of that would prevent you from serving on the board in a full capacity?
MS. TINSLEY: No, sir.
CHAIRMAN PHILLIPS: Considering your present occupation and other activities, would you be able to attend board meetings on a regular basis?
MS. TINSLEY: Yes, sir.
CHAIRMAN PHILLIPS: Do you have any interests, professionally or personally, that present a conflict of interest because of your service on the board?
MS. TINSLEY: No, sir.
CHAIRMAN PHILLIPS: Do you now hold any public position of honor or trust that, if elected to the board, would cause you to violate the dual office holding clause of the constitution?
MS. TINSLEY: I'm a member of legislative council, now.
CHAIRMAN PHILLIPS: Go ahead.
I was elected the Secretary to the Board in 2007, and then again in 2008, and I served on some of the committees. It's an excellent school, and I'm very proud of what Dr. DiGiorgio, and the administration staff, and professors have done at this wonderful institution, and I thank you for the opportunity to do this.
CHAIRMAN PHILLIPS: Any questions for Donna?
REPRESENTATIVE BREELAND: Mr. Chairman, I move for approval.
REPRESENTATIVE BRADY: Second.
CHAIRMAN PHILLIPS: Senator Peeler?
MR. PEELER: Mr. Chairman, I just like to point out the Senator from Lexington that Ms. Tinsley quotes The World is Flat by Thomas Friedman. I don't want this to have any influence on others.
CHAIRMAN PHILLIPS: All in favor, signify by saying, Aye.
COMMITTEE MEMBERS: Aye.
CHAIRMAN PHILLIPS: It's unanimous. In the essence of time, the rest of you Clemson people running for the one seat that expires in 2010.
SENATOR KNOTTS: Mr. Chairman, I guarantee you none of the Clemson people read that book.
SENATOR PEELER: How many candidates do we have, seven?
CHAIRMAN PHILLIPS: Eight or nine. Eight. Seven. Let me ask Pat Black, Jr., will you stand?
MR. BLACK: Yes, sir.
CHAIRMAN PHILLIPS: Just stand right where you are at. John L. Cote, Jr., Jack W. Erter, Jr., Nicky McCarter, Neil C. Robinson, Jr., Steven G. Strickland, Rodney Williams to stand, please. All seven are present. Would you please all stand and raise your right hands. Will the information given here today be the truth, nothing but the truth, so help you God?
(Affirmation)
CHAIRMAN PHILLIPS: Do any of you have any health- related problems that the Screening Committee should be made aware of that would prevent you from serving on the board in a full capacity?
THE CANDIDATES: No, sir.
I want to serve for two paramount reasons. First of all, the experience that I have, and service to Clemson is exemplary. And also,
I think my service is well-documented to Clemson and other areas, as well as in the testimony that I've written to you. I've been described as Clemson orange, through and through. That's a description that I'm very proud of. I've been a member of the Clemson Alumni Association and IPTAY since graduation.
I've been privileged and honored to serve two terms on the Clemson Board of Visitors, and a term as Chairman. I also served on the Clemson University Ag Alumni Board. I served as Vice-President of that organization. One of the more interesting experiences I've had in service to Clemson is I have served as a mentor for the renowned "Call Me MISTER Program." It was established several years ago at Clemson. It makes significant contributions to minorities in South Carolina. And I am a very proud 2004 recipient of the Distinguished Service award for Clemson.
Because of my experience and my desire to serve, my belief in Clemson University's mission, and where it will go in the future, I will appreciate the opportunity, would be honored to serve as a member of the Clemson University Board of Trustees, elected by the South Carolina Legislature.
CHAIRMAN PHILLIPS: Any questions from the committee members? Mr. Black?
MR. BLACK: Yes, sir.
CHAIRMAN PHILLIPS: As you know, right now, we had a kind of tough period, economically and everything, going on. I'm kind of concerned about the newspaper print that I've seen about Clemson borrowing money, tuition fees.
MR. BLACK: Yes.
CHAIRMAN PHILLIPS: If you were elected, would you ask the board to ask for an outside audit of the tuition funds, grant money?
MR. BLACK: Well, as you well know Clemson is audited every year. We have an internal and external audit. I think any funds have to be scrutinized very closely. I think funds have to be looked at very closely by the board. If I were on there, it would not be real step forward. Every decision I would go into would be within the interest of the
Of course, that case is in the court system right now, so I will be watching any comments that we make, but with the amount that is there, and an organization as large as Clemson, the millions of dollars sounds like a lot, but when you compare it to the total budget of Clemson University, it is not that much. I've had to -- they've indicated -- administration has indicated that it's a 45 day fund, and I think most organizations would have that amount of funds to operate on, should something occur.
It will be interesting to see how this unfolds in the courts. It is probably not a good situation for anyone involved with Clemson, but I have firm confidence, great confidence in the administration board and others at Clemson University that everything will be fine, and that Clemson will continue to be one of the top Universities, not only in South Carolina, but in the nation.
CHAIRMAN PHILLIPS: Any other questions?
MR. PEELER: Chairman, I'm a 1970 graduate from Clemson. I spent a lot of time in the P & A Building. I won't say anything about you if you don't say anything about --
MR. BLACK: That's good. What happens in pool hall stays in pool hall, I understand. It was good times wasn't Senator Peeler?
SENATOR PEELER: Oh, man, if I could go back. Mr. Chairman, I move in favor of the board.
SENATOR KNOTTS: Second.
CHAIRMAN PHILLIPS: All in favor, say, Aye.
THE COMMITTEE: Aye.
MR. BLACK: Thank you.
CHAIRMAN PHILLIPS: We will let you know when you can come and seek pledges.
MR. BLACK: Yes, sir. Thank you.
CHAIRMAN PHILLIPS: Okay. We'll ask Mr. John L. Cote, Jr.
MR. COTE: I'm John Cote from Myrtle Beach in Horry County. I'm a 1975 graduate of Clemson with a B.S. in accounting. My wife also graduated from Clemson, although she started out at Winthrop. I'm the first graduate of my family to go to Clemson, and it's been 12 of us, now, so we're really proud of that. And it kind of speaks also to Horry County, and how much growth there has been in alumni, as the students that have attended Clemson University. It's a pretty big draw, and always has been, and will continue to be, and as we grow, it's
So that has driven some of my decisions to come forward and ask for the opportunity to do just that. I believe in giving back to our communities and those areas that have helped me and served me during my life, and Clemson, as well as Horry County, both fit into that category, and have been responsible for a lot of the things that I've been blessed with in my life. So, in any event, over the years, I've tried to give back to both the community and Clemson University, and at Clemson, I've served on the Alumni National Council. I was Marketing Chairman for that group. In addition, I was on the Advancement Board of College and Commerce and Industry at Clemson. I've been a member of the Capital Campaign Committee, still a member of that because we still need money, so we might take some of that money that I hear is floating around.
And I've been an IPTAY member, Lifetime donor, and a Heisman donor. In addition, for my community, I've served the on the Grand Strand Chamber of Commerce, held some leadership positions there, developed Coastal Carolina Board of Visitors for the Wall School of Business. As for my professional life, I've been CFO, Chief Financial Officer, and also the President Chief Operating Officer of a company called Waccamaw Corporation. Most people would know it as Waccamaw Pottery, and that was where my career really began. About eight years ago we sold that company, I started Wealth Management Group, and I now am founder and president of Financial Insights, which is a wealth advisory management group. We have offices in Myrtle Beach, as well as Wilmington and Charleston.
So, in any event, I feel that with that experience, and with my prior involvement with Clemson, I think that I would help in whatever decision-making that is very critical for a university to have. I think I'd be a member that could add to that in a very positive way, so I ask that I be approved for candidacy for that position.
CHAIRMAN PHILLIPS: Any questions from any committee members? I would ask the same thing, but I don't want to go through all that.
MR. COTE: Yes, sir. If I'm fortunate to be on there, I would definitely look into that, and recommend we do that.
CHAIRMAN PHILLIPS: Thank you, sir. Any motions?
REPRESENTATIVE BREELAND: Move for approval.
REPRESENTATIVE BRADY: Second.
So one of the reasons I've determined that I'd like to offer my candidacy for the Clemson Board is it's really just an extension of what I've been doing, and that is counseling the boards or serving on the boards. I'm fairly well-versed in committee work and those types of things that come up routinely in this sort of environment. I would like to comment on the -- on what you read in the paper about the lawsuit. I guess my take on that, straight-up, would be that I have a lot of confidence in the Clemson president, a whole lot of confidence in the current board, and I would like to see how this plays out in the court, and see how -- what response Clemson makes to these allegations, but I have all the faith in the world that it's going to be something that is favorable to Clemson in the long-run.
But if it weren't favorable, or if there is something that is amiss, I will be -- will not hesitate to take whatever action is necessary, including an outside audit, or whatever was seemed appropriate at the time under the circumstances. I've kind of like the Chairman, I'm suffering under a cough that I can't seem to shake, so I'm not going to try to prolong this too long. I would like to just say that as a graduate of Clemson, and a person that has expressed an ongoing interest in it over the years, I would like you to consider my candidacy, if you see appropriate approval.
CHAIRMAN PHILLIPS: Does the committee have any questions? Move for approval?
REPRESENTATIVE LITTLEJOHN: Move for approval.
CHAIRMAN PHILLIPS: Representative Littlejohn moves for approval.
I presently run -- am the president of Defender Services Corporation here in Columbia, South Carolina. We just started our 50th year in December. We currently work in 28 counties in this state, and 29 -- 28 counties in 29 states in the U.S., and employ 5500 employees. I feel that with this experience, I've been president since 1998.
I worked my way up from a graduate of Clemson as a salesperson, right through this leverage buyout, over the last 20 years. I feel like I have multiple task experience, and operate and work with people, budgets, covenants, all these type things that go with a university entrusting a job. Since we are out of time, I would ask for consideration to be nominated as a candidate for this role.
CHAIRMAN PHILLIPS: Do any committee members have any questions?
REPRESENTATIVE BRADY: I move for approval.
REPRESENTATIVE BREELAND: Second.
SENATOR KNOTTS: Second.
CHAIRMAN PHILLIPS: All in favor, signify by saying, Aye.
THE COMMITTEE: Aye.
CHAIRMAN PHILLIPS: Neil C. Robinson, Jr.
MR. ROBINSON: Mr. Chairman, Members of the Committee, my name is Neil Robinson. I'm from Charleston. I'm a graduate of Clemson in 1966, and a graduate of the University of South Carolina Law School in 1974. I currently chair the Practice Group of the Nexen Pruet Law Firm, which has seven offices throughout North and South Carolina. I'm based in Charleston, and my practice is exclusive and limited to real estate development. In that connection, I've been working with Clemson for a number of years on a lot of its real estate
This property was all donated to Clemson. This was finalized in this past year, and amounted to a gift value, appraised value of 40 million dollars, which is the largest gift ever made to Clemson. I feel that I'm uniquely qualified to serve as a member of the Clemson Board of Trustees by virtue of my background in real estate law because of the vast holdings that Clemson has in real estate, some 30,000 acres.
There's rarely an agenda before the board that doesn't include some significant issues involving the real estate holdings of Clemson. I currently serve on the Clemson University Foundation Board, and I am the appointee of that board to the Pate Foundation in Georgetown County which oversees Clemson's real estate holdings in that county. I'm also a member of the Board of Visitors, and I'm a founding member of the Clemson Real Estate Development Foundation, which helps the new Master's degree in real estate development get started at the university several years ago. I've served two terms as president of Clemson Advancement Foundation for Building and Design, and while in that capacity, was able to get the Foundation to agree to audited financial statements, which it did not have until that time, and which it does have now, and was able to help revamp the retirement program of Clemson employees and its foreign locations, notably in Italy, where the rules had changed regarding how our employees were to be treated in that country. We were able to straighten out that for Clemson. I have a great deal of experience dealing with boards, as you heard other candidates mention. I've been on the board for the Southeastern Wildlife Exposition for 20 years, and for the last 10 years have served as the chairman of that exposition, which is the largest single event held in the state of South Carolina, with an economic impact now of about 68 million dollars over a four-day period each year. So in representing Clemson interests and the various positions that I've served there, and representing my law firm and its real estate interests for its numerous clients doing projects in the hundreds of millions, billion of dollar range, as well as my interest -- longtime involvement with public education, I feel that this qualifies me for a position on the board of Clemson, and I would ask that this committee consider favorably endorsing my candidacy for that position.
We're celebrating our tenth year of service in the Coastal Carolinas, and I am one of the management positions with the company, having seen the company grow from three employees to fifty, most recently. I'm also the secretary of the Georgetown Pilotage Commission, which we oversee the safe passage of goods and materials into the Port of Georgetown. I'm here today to offer my services to South Carolina and Clemson University, and appreciation for what Clemson University has done for me.
I'm not going to stand here and say that I'm a bigger Clemson fan, or my blood's anymore orange than anyone else here. It goes without saying that every loyal Clemson alumni feels a bond with Clemson that runs deeper than family. I'm here because I feel a responsibility to South Carolina, and to Clemson, and to my children to assist in the governments and guidance of our great institution. Clemson has given me many opportunities, and I'd like the opportunity to give some back.
We've enjoyed our glory days. We've been students, we've graduates, and now, it's time for us to think about the next generation. My children, my grandchildren need to have the same opportunities that I've been given. Thank you.
CHAIRMAN PHILLIPS: Any questions?
SENATOR PEELER: Move for favorable.
SENATOR KNOTTS: Second.
CHAIRMAN PHILLIPS: Senator Peeler moves for favorable. Second, Senator Knotts. All in favor, signify by saying, Aye.
THE COMMITTEE: Aye.
Also, that we maintain the heritage that Clemson has for our kids, and for their kids. I am the CEO of Budweiser of Columbia and Budweiser of Greenville. We are a 150 million dollar company. I would say roughly a hundred -- excuse me, 260 employees. I feel like this would give me an opportunity and experience to help the board deal with legal issues, financial issues, personnel issues, anything that may come our way. I also have a unique perspective in a Clemson family, in that I played football at Clemson. I understand the importance of athletics. I also understand the responsibility of athletics, and that a student athletic has for the university.
So many of the university students, especially out-of-state students, found out about Clemson because of athletics. Student athletes should be held a little higher on the totem pole in responsibility for their actions because they do represent the university in other ways that regular students do not do. Thank you.
CHAIRMAN PHILLIPS: Any questions for Rodney?
SENATOR PEELER: Move in favorable report.
SENATOR KNOTTS: Second.
CHAIRMAN PHILLIPS: Senator Peeler moves for favorable report. Senator Knotts, Floyd Breeland, Ms. Brady, and Lanny Littlejohn, second. All in favor signify by saying, Aye.
THE COMMITTEE: Aye.
CHAIRMAN PHILLIPS: Okay. Did I get everybody? Did I miss anybody?
SENATOR PEELER: Mr. Chairman, I'd like to point out, you all know how I feel towards Clemson University, and as many times as we've screened people over the years as I've served in the Senate, I'm so proud of this group of candidates for this one seat. I've never seen a
Please don't do that because somebody on the floor appointed had no opportunity to disregard your application. That's one of the rules of this election committee.
We'll ask you to leave. There's some other business to take care of. Thank you so much for coming. I appreciate you coming out.
(Adjourned at 10:52 a.m.)
Received as information.
The following Bills and Joint Resolutions were introduced, read the first time, and referred to appropriate committees:
H. 5014 (Word version) -- Reps. F. N. Smith, Brantley, Anderson, Whipper, Alexander, Allen, R. Brown, Cobb-Hunter, Hart, Hodges, Hosey, Howard, Jefferson, Mitchell, Scott, Weeks and Williams: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-1-350 SO AS TO PROVIDE THAT A PERSON, UNDER COLOR OF LAW, WHO DEPRIVES ANOTHER PERSON OF ANY RIGHTS, PRIVILEGES, OR IMMUNITIES IS SUBJECT TO LIABILITY IN A CIVIL ACTION FOR INJURY TO THE PERSON UNDER CERTAIN CIRCUMSTANCES INCLUDING INCIDENTS OF POLICE MISCONDUCT AND TO PROVIDE AN EXCEPTION.
Referred to Committee on Judiciary
H. 5015 (Word version) -- Reps. Gambrell, Cooper, Bowen, Thompson, Agnew and White: A BILL TO AMEND SECTION 7-7-80, AS AMENDED,
H. 5019 (Word version) -- Reps. Haley and Talley: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 2-7-67 SO AS TO REQUIRE A BILL OR JOINT RESOLUTION TEMPORARILY OR PERMANENTLY, DIRECTLY OR INDIRECTLY, ADDING, AMENDING, OR REPEALING ANY PROVISION OF LAW RELATING TO THE EXPENDITURE OF STATE FUNDS TO RECEIVE A RECORDED ROLL-CALL VOTE BEFORE IT PASSES THE HOUSE OF REPRESENTATIVES AND SENATE.
Rep. HALEY asked unanimous consent to have the Bill placed on the Calendar without reference.
Rep. PERRY objected.
Referred to Committee on Ways and Means
H. 5020 (Word version) -- Rep. Cato: A BILL TO AMEND SECTION 38-79-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS OF THE SOUTH CAROLINA MEDICAL MALPRACTICE LIABILITY JOINT UNDERWRITING ASSOCIATION TO ISSUE POLICIES OF INSURANCE, SO AS TO AUTHORIZE THE ASSOCIATION TO INCREASE THE LIMITS OF LIABILITY ON POLICIES OF INSURANCE SUBJECT TO LIMITS OF LIABILITY NOT TO EXCEED ONE MILLION DOLLARS FOR EACH CLAIMANT UNDER ONE POLICY AND THREE MILLION DOLLARS FOR ALL CLAIMANTS UNDER ONE POLICY IN ONE YEAR.
Referred to Committee on Labor, Commerce and Industry
H. 5021 (Word version) -- Rep. Duncan: A BILL TO AMEND SECTION 50-11-1920, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SALE UNDER CERTAIN CONDITIONS OF EXOTIC
S. 111 (Word version) -- Senators Leventis, Knotts and Scott: A BILL TO AMEND SECTION 56-5-970, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRAFFIC CONTROL SIGNALS, SO AS TO PROVIDE THAT A DRIVER OF A MOTORCYCLE OR MOPED MAY PROCEED THROUGH A HIGHWAY INTERSECTION CONTROLLED BY A TRAFFIC-CONTROL DEVICE UNDER CERTAIN CIRCUMSTANCES WHEN A VEHICLE SENSOR FAILS TO DETECT THE VEHICLE BECAUSE OF ITS WEIGHT OR SIZE.
Referred to Committee on Judiciary
S. 641 (Word version) -- Senator Thomas: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-63-35 SO AS TO PROVIDE THAT A SCHOOL SHALL DEFER TO THE DECISION OF PARENTS OF TWINS AS TO WHETHER OR NOT THE TWINS WILL BE IN THE SAME CLASSROOM.
Referred to Committee on Education and Public Works
S. 911 (Word version) -- Senators Martin and Sheheen: A BILL TO AMEND SECTION 7-17-220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MEETINGS OF THE BOARD OF STATE CANVASSERS, SO AS TO PROVIDE THAT A MEETING MAY BE CONVENED BY TELEPHONE OR ELECTRONIC COMMUNICATION INSTEAD OF IN PERSON AT THE OFFICE OF THE STATE ELECTION COMMISSION; AND TO AMEND SECTION 7-17-510, RELATING TO THE CONVENING OF THE COUNTY COMMISSIONERS OF ELECTION AS COUNTY BOARDS OF CANVASSERS, SO AS TO PROVIDE THAT ANY
S. 981 (Word version) -- Senator Grooms: A BILL TO AMEND SECTION 57-5-10 OF THE 1976 CODE, RELATING TO THE GENERAL COMPOSITION OF THE STATE HIGHWAY SYSTEM, TO PROVIDE THAT ALL HIGHWAYS IN THE STATE HIGHWAY SYSTEM MUST BE BUILT ACCORDING TO STATE STANDARDS, TO AMEND SECTION 57-5-70, RELATING TO ADDITIONS TO THE STATE HIGHWAY SECONDARY SYSTEM, TO ALLOW THE DEPARTMENT OF TRANSPORTATION TO ADD COUNTY AND MUNICIPAL ROADS TO THE STATE HIGHWAY SYSTEM WHEN NECESSARY FOR THE INTERCONNECTIVITY OF THE STATE HIGHWAY SYSTEM, TO AMEND SECTION 57-5-80, RELATING TO THE DELETION AND REMOVAL OF ROADS FROM THE STATE HIGHWAY SECONDARY SYSTEM, TO PROVIDE FOR THE REMOVAL OF ROADS FROM THE STATE HIGHWAY SYSTEM WHEN A COUNTY, MUNICIPALITY, SCHOOL, OR OTHER GOVERNMENTAL AGENCY AGREES TO ACCEPT THE ROAD INTO ITS OWN HIGHWAY SYSTEM, AND TO REPEAL SECTION 57-5-90, RELATING TO BELT LINES AND SPURS.
Referred to Committee on Education and Public Works
S. 987 (Word version) -- Senator Gregory: A BILL TO AMEND SECTION 50-21-80, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENFORCEMENT OF BOATING LAWS, SO AS TO FURTHER PROVIDE FOR THIS ENFORCEMENT, THE AUTHORITY OF ALL LAW ENFORCEMENT OFFICERS TO ENFORCE THESE PROVISIONS, AND TO PROVIDE PENALTIES FOR VIOLATION; TO AMEND SECTION 50-21-114, AS AMENDED, RELATING TO OPERATING A WATER DEVICE UNDER THE INFLUENCE OF ALCOHOL OR DRUGS AND THE IMPLIED CONSENT FOR A BREATH TEST TO DETERMINE BLOOD ALCOHOL LEVELS, SO AS TO FURTHER PROVIDE FOR PROCEDURAL MATTERS IN REGARD TO THESE TESTS; TO AMEND SECTION 50-21-130, AS AMENDED, RELATING TO DUTIES OF A VESSEL OPERATOR INVOLVED IN A COLLISION, SO AS TO FURTHER PROVIDE FOR THESE DUTIES INCLUDING WHEN AN ACCIDENT REPORT IS
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,
S. 1131 (Word version) -- Senator Thomas: A BILL TO AMEND SECTIONS 38-43-20, 38-43-70, BOTH AS AMENDED, 38-43-75, 38-43-80, AS AMENDED, 38-43-100, 38-43-101, BOTH AS AMENDED, 38-43-102, 38-43-106, 38-43-107, 38-43-110, 38-43-130, ALL AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, ALL RELATING TO INSURANCE PRODUCERS AND AGENCIES, SO AS TO CLARIFY LANGUAGE THAT AN EMPLOYEE OF A LICENSED PRODUCER WHO PERFORMS ONLY CLERICAL DUTIES MAY NOT SIGN AN APPLICATION FOR INSURANCE; TO PROVIDE THAT UNLESS DENIED LICENSURE A NONRESIDENT PERSON SHALL RECEIVE A NONRESIDENT PRODUCER'S LICENSE WITH THE SAME LINES OF AUTHORITY HELD IN THE PRODUCER'S HOME STATE; TO PROVIDE THAT LIMITED LINE INSURANCE INCLUDES CREDIT INSURANCE; TO PROVIDE FOR THE DEFINITION OF "BIENNIAL APPOINTMENT FEE", PROVIDE FOR THE PAYMENT OF THE FEE IF REJECTED BY A BANK, DELETE THE ADMINISTRATIVE FEE, AND AUTHORIZE PAY OF FEES BY A CREDIT OR DEBIT CARD; TO REQUIRE ALL APPLICANTS FOR A PRODUCER'S LICENSE TAKE AN EXAMINATION AND DELETE THE WAIVER OR EXEMPTION FOR CERTAIN APPLICANTS; TO PROVIDE THAT A PRODUCER MAY NOT TAKE THE SAME CONTINUING EDUCATION COURSE AND CASUALTY-LICENSED INSURANCE PRODUCER COURSE FOR CONTINUING EDUCATION CREDIT MORE THAN ONE TIME IN A BIENNIAL
S. 1159 (Word version) -- Senator Lourie: A BILL TO AMEND SECTION 61-4-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TRANSFER OF BEER OR WINE FOR CONSUMPTION BY PERSONS UNDER THE AGE OF TWENTY-ONE, SO AS TO DELETE A REFERENCE IN ONE CODE SECTION FOR CLARIFICATION; TO AMEND SECTION 61-6-4070, RELATING TO THE TRANSFER OF ALCOHOLIC LIQUORS TO PERSONS UNDER THE AGE OF TWENTY-ONE, SO AS TO DELETE A REFERENCE IN ONE CODE SECTION FOR CLARIFICATION; AND TO AMEND SECTIONS 20-7-8920 AND 20-7-8925, RELATING TO UNDERAGE PURCHASE, CONSUMPTION, OR POSSESSION OF BEER, WINE, OR ALCOHOLIC LIQUORS, SO AS TO ALLOW ESTABLISHMENTS TO USE PERSONS UNDER THE AGE OF TWENTY-ONE TO TEST COMPLIANCE.
Referred to Committee on Judiciary
S. 1227 (Word version) -- Senator Land: A BILL TO AMEND SECTIONS 30-5-10 AND 30-5-12 OF THE 1976 CODE, RELATING TO THE REGISTER OF DEEDS, TO ADD CLARENDON COUNTY TO THE LIST OF COUNTIES WHICH HAVE BOTH A REGISTER OF DEEDS AND A CLERK OF COURT AND TO PROVIDE THAT
S. 1252 (Word version) -- Senators Leatherman and Peeler: A BILL TO AMEND SECTION 2-75-30 OF THE 1976 CODE, RELATING TO THE CENTERS OF EXCELLENCE MATCHING ENDOWMENT, TO PROVIDE THAT THE INTEREST EARNINGS IN THE FUND MAY BE USED AT THE RESEARCH CENTERS OF EXCELLENCE REVIEW BOARD'S DISCRETION FOR ADDITIONAL STATE AWARDS.
Referred to Committee on Ways and Means
S. 1264 (Word version) -- Transportation Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF TRANSPORTATION, RELATING TO THE CHIEF INTERNAL AUDITOR OF THE DEPARTMENT OF TRANSPORTATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 3166, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Referred to Committee on Education and Public Works
S. 1265 (Word version) -- Transportation Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, RELATING TO THE COMMISSIONERS OF PILOTAGE, DESIGNATED AS REGULATION DOCUMENT NUMBER 3135, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Referred to Committee on Labor, Commerce and Industry
S. 1266 (Word version) -- Transportation Committee: A JOINT RESOLUTION TO APPROVE THE REGULATIONS OF THE DEPARTMENT OF TRANSPORTATION, RELATING TO THE SECRETARY OF TRANSPORTATION'S APPROVAL OF CERTAIN ACTIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 3168, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Referred to Committee on Labor, Commerce and Industry
The following was introduced:
H. 5016 (Word version) -- Reps. Clyburn, Agnew, Alexander, Allen, Anderson, Anthony, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bingham, Bowen, Bowers, Brady, Branham, Brantley, Breeland, G. Brown, R. Brown, Cato, Chalk, Clemmons, Cobb-Hunter, Coleman, Cooper, Cotty, Crawford, Daning, Dantzler, Davenport, Delleney, Duncan, Edge, Erickson, Frye, Funderburk, Gambrell, Govan, Gullick, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Hart, Harvin, Haskins, Hayes, Herbkersman, Hiott, Hodges, Hosey, Howard, Huggins, Hutson, Jefferson, Jennings, Kelly, Kennedy, Kirsh, Knight, Leach, Limehouse, Littlejohn, Loftis, Lowe, Lucas, Mack, Mahaffey, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, Moss, Mulvaney, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rice, Rutherford, Sandifer, Scarborough, Scott, Sellers, Shoopman, Simrill, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Spires, Stavrinakis, Stewart, Talley, Taylor, Thompson, Toole, Umphlett, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Williams, Witherspoon and Young: A HOUSE RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES UPON THE DEATH OF ABELLE NIVENS OF AIKEN COUNTY AND TO EXTEND THEIR DEEPEST SYMPATHY TO HER FAMILY AND MANY FRIENDS.
The Resolution was adopted.
The following was introduced:
H. 5017 (Word version) -- Rep. Bales: A CONCURRENT RESOLUTION TO EXPRESS THE HEARTIEST CONGRATULATIONS OF THE SOUTH CAROLINA GENERAL ASSEMBLY TO NOLAN T. RUSSELL III AND VERONICA J. ROLANDI, BOTH OF RICHLAND COUNTY, UPON THE OCCASION OF THEIR
The Concurrent Resolution was agreed to and ordered sent to the Senate.
On motion of Rep. HUGGINS, with unanimous consent, the following was taken up for immediate consideration:
H. 5018 (Word version) -- Reps. Huggins, Agnew, Alexander, Allen, Anderson, Anthony, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bingham, Bowen, Bowers, Brady, Branham, Brantley, Breeland, G. Brown, R. Brown, Cato, Chalk, Clemmons, Clyburn, Cobb-Hunter, Coleman, Cooper, Cotty, Crawford, Daning, Dantzler, Davenport, Delleney, Duncan, Edge, Erickson, Frye, Funderburk, Gambrell, Govan, Gullick, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Hart, Harvin, Haskins, Hayes, Herbkersman, Hiott, Hodges, Hosey, Howard, Hutson, Jefferson, Jennings, Kelly, Kennedy, Kirsh, Knight, Leach, Limehouse, Littlejohn, Loftis, Lowe, Lucas, Mack, Mahaffey, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, Moss, Mulvaney, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rice, Rutherford, Sandifer, Scarborough, Scott, Sellers, Shoopman, Simrill, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Spires, Stavrinakis, Stewart, Talley, Taylor, Thompson, Toole, Umphlett, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Williams, Witherspoon and Young: A CONCURRENT RESOLUTION TO DECLARE APRIL 2008 AS "FAIR HOUSING MONTH" IN SOUTH CAROLINA AND TO RECOGNIZE AND SUPPORT "FAIR HOUSING MONTH" IN OUR STATE.
Whereas, the year 2008 marks the fortieth anniversary of the passage of Title VIII of the Civil Rights Act, commonly referred to as the Federal Fair Housing Act, which declared a national policy to provide fair access to housing throughout the United States; and
Whereas, Title VIII of the Civil Rights Act of 1968 was amended in 1988 to provide stronger enforcement and a larger protected class; and
Whereas, our fair housing laws prohibit discrimination in housing on the basis of race, color, religion, sex, national origin, familial status, or disability; and
Whereas, fairness is the foundation of our way of life and reflects the best of our traditional American values; and
Whereas, invidious discriminatory housing practices undermine the strength and vitality of South Carolina and its citizens; and
Whereas, all South Carolinians must continue to work to assure there are no victims of discriminatory housing practices and to make the ideal of fair housing a reality; and
Whereas, the most basic physical needs of all members in any society include the need for shelter, and those citizens both within and outside of the real estate profession who ensure the rights of everyone to obtain residential housing, either by renting or by purchasing, facilitate and perpetuate the American dream of family housing. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly of the State of South Carolina, by this resolution, declare April 2008 as "Fair Housing Month" in South Carolina and recognize and support "Fair Housing Month" in our State.
Be it further resolved that a copy of this resolution be forwarded to the South Carolina Association of Realtors.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The Senate sent to the House the following:
S. 1284 (Word version) -- Senators Elliott, Sheheen and Lourie: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND BOBBY T. JONES OF CAMDEN FOR THREE TERMS OF FAITHFUL SERVICE ON THE SOUTH CAROLINA TRANSPORTATION COMMISSION AND TO WISH HIM SUCCESS AND HAPPINESS IN ALL HIS FUTURE ENDEAVORS.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The roll call of the House of Representatives was taken resulting as follows:
Agnew Alexander Allen Anderson Anthony Bales Ballentine Bannister Barfield Battle Bedingfield Bingham Bowen Bowers Brady Branham Brantley Breeland G. Brown R. Brown Cato Clemmons Clyburn Cobb-Hunter Coleman Cooper Crawford Daning Dantzler Davenport Delleney Duncan Erickson Frye Funderburk Gambrell Gullick Haley Hamilton Hardwick Harrell Harrison Hart Harvin Haskins Herbkersman Hiott Hodges Howard Huggins Hutson Jefferson Kennedy Kirsh Knight Leach Limehouse Littlejohn Loftis Lowe Mahaffey McLeod Merrill Miller Moody-Lawrence Moss Mulvaney J. H. Neal Neilson Ott Owens Parks Perry Phillips Pinson
M. A. Pitts Rice Sandifer Scarborough Scott Shoopman Simrill Skelton D. C. Smith F. N. Smith G. M. Smith G. R. Smith J. R. Smith W. D. Smith Spires Stavrinakis Stewart Talley Taylor Thompson Toole Umphlett Weeks White Whitmire Williams Witherspoon Young
I came in after the roll call and was present for the Session on Tuesday, April 15.
Jackie Hayes Edward H. "Ted" Pitts Todd Rutherford Lonnie Hosey Bakari Sellers Richard Chalk Ted Vick James Neal James Lucas Jerry Govan David Mack Harold Mitchell Jackson "Seth" Whipper Robert Walker
The SPEAKER granted Rep. KELLY a leave of absence for the day due to a family funeral.
Rep. HOWARD signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Thursday, April 10.
Announcement was made that Dr. Ted Watson of Anderson was the Doctor of the Day for the General Assembly.
In accordance with House Rule 5.2 below:
"5.2 Every bill before presentation shall have its title endorsed; every report, its title at length; every petition, memorial, or other paper,
Bill Number: H. 4554 (Word version)
Date: ADD:
04/15/08 BEDINGFIELD
Bill Number: H. 5003 (Word version)
Date: ADD:
04/15/08 HODGES
Bill Number: H. 5003 (Word version)
Date: ADD:
04/15/08 ERICKSON
Bill Number: H. 3101 (Word version)
Date: ADD:
04/15/08 OWENS
Bill Number: H. 3590 (Word version)
Date: ADD:
04/15/08 STAVRINAKIS
Bill Number: H. 4538 (Word version)
Date: ADD:
04/15/08 STAVRINAKIS
Bill Number: H. 4833 (Word version)
Date: ADD:
04/15/08 HODGES
Bill Number: H. 5019 (Word version)
Date: ADD:
04/15/08 TALLEY
Rep. COOPER moved to adjourn debate upon the following Bill, which was adopted:
H. 4520 (Word version) -- Reps. Cooper, Harrell, Cobb-Hunter, Walker, Perry, Battle, Skelton, Thompson, Alexander, Ballentine, Edge, Harrison, Hayes, Limehouse, J. H. Neal, Ott, Owens, Williams, Spires, Whipper, R. Brown, Hosey, Mitchell and Hodges: A BILL TO AMEND SECTION 59-147-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ISSUANCE OF REVENUE BONDS BY COLLEGES AND UNIVERSITIES, SO AS TO CLARIFY AND FURTHER SPECIFY WHAT FACILITIES ARE ELIGIBLE TO BE FINANCED UNDER THE HIGHER EDUCATION REVENUE BOND ACT; AND TO REPEAL SECTION 59-147-120 RELATING TO CERTAIN LIMITATIONS ON THE ISSUANCE OF REVENUE BONDS.
Rep. COOPER moved to adjourn debate upon the following Bill until Wednesday, April 16, which was adopted:
H. 4950 (Word version) -- Rep. Cooper: A BILL TO AMEND TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAXATION, SO AS TO MAKE MISCELLANEOUS CHANGES.
The following Bill was taken up:
H. 4554 (Word version) -- Reps. Cobb-Hunter and Bedingfield: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-57-245 SO AS TO PROVIDE THAT THE GOVERNING BODY OF A COUNTY OR MUNICIPALITY MAY NOT IMPOSE A LICENSE, OCCUPATION, OR PROFESSIONAL TAX OR FEE UPON REAL ESTATE LICENSEES, EXCEPT UPON THE BROKER-IN-CHARGE AT THE PLACE WHERE THE REAL ESTATE LICENSEE SHALL MAINTAIN A PRINCIPAL OR BRANCH OFFICE AND TO PROVIDE THAT A MUNICIPALITY MAY IMPOSE AN OCCUPATION, LICENSE, OR PROFESSIONAL TAX OR FEE UPON REAL ESTATE BROKERS-IN-CHARGE BASED UPON GROSS RECEIPTS ONLY FOR REAL ESTATE TRANSACTIONS WITH RESPECT TO PROPERTY LOCATED WITHIN ITS CORPORATE LIMITS, AND A COUNTY GOVERNING AUTHORITY MAY IMPOSE AN OCCUPATION, LICENSE, OR PROFESSIONAL TAX OR FEE UPON REAL ESTATE BROKERS-IN-CHARGE BASED UPON GROSS RECEIPTS ONLY FOR REAL ESTATE TRANSACTIONS WITH RESPECT TO PROPERTY LOCATED WITHIN THE UNINCORPORATED AREAS OF THE COUNTY.
The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GJK\ 20628SD08), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 6-1-315 of the 1976 Code is amended to read:
"Section 6-1-315. (A) By ordinance adopted by a positive majority vote, a local governing body may impose a business license tax or increase the rate of a business license tax, authorized by Sections 4-9-30(12) and 5-7-30.
(B)(1) Notwithstanding any other provision of law, the governing body of a county or municipality may not impose a license, occupation, or professional tax or fee upon real estate licensees, except upon the broker-in-charge at the place where the real estate licensee shall maintain a principal or branch office. The license, occupation, or professional tax or fee shall permit the broker-in-charge and the broker's affiliated associate brokers, salespersons, and property
(2) Brokered transactions of real property in counties or municipalities other than those in which the broker-in-charge maintains a principal or branch office create a nexus for imposition of a license, occupation, or professional tax or fee only with respect to gross receipts derived from transactions of property located in that county or municipality."
SECTION 2. Section 5-7-30 of the 1976 Code is amended to read:
"Section 5-7-30. Each municipality of the State, in addition to the powers conferred to its specific form of government, may enact regulations, resolutions, and ordinances, not inconsistent with the Constitution and general law of this State, including the exercise of powers in relation to roads, streets, markets, law enforcement, health, and order in the municipality or respecting any subject which appears to it necessary and proper for the security, general welfare, and convenience of the municipality or for preserving health, peace, order, and good government in it, including the authority to levy and collect taxes on real and personal property and as otherwise authorized in this section, make assessments, and establish uniform service charges relating to them; the authority to abate nuisances; the authority to provide police protection in contiguous municipalities and in unincorporated areas located not more than three miles from the municipal limits upon the request and agreement of the governing body of such contiguous municipality or the county, including agreement as to the boundaries of such police jurisdictional areas, in which case the municipal law enforcement officers shall have the full jurisdiction, authority, rights, privileges, and immunities, including coverage under the workers' compensation law, which they have in the municipality, including the authority to make arrests, and to execute criminal process within the extended jurisdictional area; provided, however, that this shall not extend the effect of the laws of the municipality beyond its corporate boundaries; grant franchises for the use of public streets and make charges for them; grant franchises and make charges for the use of public beaches; engage in the recreation function; levy a business
For the purpose of providing and maintaining parking for the benefit of a downtown commercial area, a municipality may levy a surtax upon the business license of a person doing business in a designated area in an amount not to exceed fifty percent of the current yearly business license tax upon terms and conditions fixed by ordinance of the municipal council. The area must be designated by council only after a petition is submitted by not less than two-thirds of the persons paying a business license tax in the area and who paid not less than one-half of the total business license tax collected for the preceding calendar year requesting the designation of the area. The business within the designated area which is providing twenty-five or more parking spaces for customer use is required to pay not more than twenty-five percent of a surtax levied pursuant to the provisions of this paragraph."
SECTION 3. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
Rep. HUGGINS explained the amendment.
The amendment was then adopted.
The question then recurred to the passage of the Bill, as amended, on second reading.
Those who voted in the affirmative are:
Agnew Alexander Allen Anderson Anthony Bales Ballentine Bannister Barfield Battle Bedingfield Bingham Bowen Bowers Brady Branham Brantley Breeland G. Brown R. Brown Cato Chalk Clemmons Clyburn Cobb-Hunter Cooper Crawford Daning Dantzler Davenport Duncan Erickson Frye Funderburk Gambrell Govan Gullick Haley Hardwick Harrell Harrison Hart Harvin Haskins Hayes Hiott Hodges Hosey Huggins Hutson Jefferson Kirsh Knight Leach Limehouse Littlejohn Loftis Lowe Lucas Mahaffey McLeod Merrill Miller Moody-Lawrence Moss Mulvaney J. H. Neal J. M. Neal Neilson Ott Owens Parks Perry Phillips Pinson E. H. Pitts M. A. Pitts Rice Rutherford Sandifer Scarborough Scott Sellers Shoopman Simrill Skelton G. M. Smith G. R. Smith J. R. Smith Stavrinakis Stewart Talley Taylor Thompson Umphlett Vick Weeks White Whitmire Williams Witherspoon Young
So, the Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up:
S. 1258 (Word version) -- Senators O'Dell and Drummond: A BILL TO PROVIDE THAT A SURVEYOR LICENSED IN THIS STATE MAY REVIEW COMPOSITE MAPS OF LAKE GREENWOOD AND CERTIFY TO THE FEDERAL ENERGY REGULATORY COMMISSION, BY SIGNING AND SEALING AN APPROPRIATE WORDED CERTIFICATE ON THE MAPS, THAT THE LINES SHOWN THEREON MEET OR EXCEED THE LEVEL OF ACCURACY REQUIRED BY FEDERAL REGULATIONS, TO PROVIDE THAT A MAP PREPARED IN ACCORDANCE WITH THE ABOVE IS NOT A LAND SURVEY, AND TO PROVIDE THAT IT SHALL BE UNLAWFUL FOR A PERSON TO EXECUTE A DEED, MORTGAGE, OR ANY OTHER CONVEYANCING INSTRUMENT REFERENCING SUCH A MAP, AND THAT ANY ATTEMPTED CONVEYANCE REFERENCING SUCH A MAP SHALL BE VOID.
Rep. HARRISON moved to commit the Bill to the Committee on Judiciary.
Rep. M. A. PITTS moved to table the motion, which was not agreed to.
The question then recurred to the motion to commit the Bill, which was agreed to.
Rep. CATO moved to adjourn debate upon the following Bill until Wednesday, April 16, which was adopted:
S. 1077 (Word version) -- Senators Rankin, Hutto and McConnell: A BILL TO AMEND SECTION 11-35-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROCUREMENT, BY
Rep. TALLEY moved to adjourn debate upon the following Bill until Wednesday, April 16, which was adopted:
S. 1039 (Word version) -- Senator Verdin: A BILL TO AMEND SECTION 23-31-510 OF THE 1976 CODE, RELATING TO THE PROHIBITION AGAINST REGULATION OF CERTAIN MATTERS, TO PROVIDE THAT COUNTIES AND MUNICIPALITIES MAY NOT ENACT REGULATIONS TO PROHIBIT A LANDOWNER FROM DISCHARGING A FIREARM ON HIS PROPERTY TO PROTECT FAMILY MEMBERS, EMPLOYEES, OR THE GENERAL PUBLIC FROM ANIMALS POSING A DIRECT THREAT OR DANGER ON A PARCEL OF LAND COMPRISED OF AT LEAST TWENTY-FIVE CONTIGUOUS ACRES.
The following Bill was taken up:
H. 3359 (Word version) -- Reps. Gullick, Mulvaney, Simrill, Kirsh, Delleney and Shoopman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-3-135 SO AS TO PROVIDE THAT A MARRIAGE DECLARED VOID AB INITIO BY REASON OF FRAUD DOES NOT RELIEVE THE PARTY COMMITTING THE FRAUD OF THE REQUIREMENTS OF EQUITABLE DISTRIBUTION OR THE DUTY OF SPOUSAL SUPPORT OR CHILD SUPPORT AND TO PROVIDE THAT A CHILD BORN DURING THE RELATIONSHIP IS PRESUMED TO BE THE CHILD OF THE PARTIES FOR PURPOSES OF CHILD SUPPORT.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\NBD\12244AC08), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
"Section 20-3-135. A marriage that would otherwise be lawful that is declared void ab initio by reason of fraud, does not relieve the party committing the fraud of the duty to provide spousal support that would have otherwise existed pursuant to Section 20-3-130."
SECTION 2. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
Rep. TALLEY explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
Rep. HARRISON moved to adjourn debate upon the following Bill until Wednesday, April 16, which was adopted:
H. 4864 (Word version) -- Reps. Edge and Cotty: A BILL TO AMEND SECTION 1-23-500, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ESTABLISHMENT OF THE SOUTH CAROLINA ADMINISTRATIVE LAW COURT, SO AS TO DELETE THE REFERENCE TO THE SPECIFIC RETIREMENT SYSTEM APPLICABLE TO JUDGES OF THIS COURT AND TO AMEND SECTION 9-11-25, AS AMENDED, RELATING TO THE ELECTION ALLOWED PROBATE JUDGES TO PARTICIPATE IN THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM (SCPORS), SO AS TO ALLOW A SIMILAR ELECTION FOR ADMINISTRATIVE LAW COURT JUDGES SERVING BEFORE JULY 1, 2008, AND TO PROVIDE THAT ALL ADMINISTRATIVE LAW COURT JUDGES TAKING OFFICE AFTER JUNE 30, 2008, SHALL PARTICIPATE IN SCPORS.
Rep. HARRISON moved to adjourn debate upon the following Bill until Wednesday, April 16, which was adopted:
S. 71 (Word version) -- Senators Ryberg, Bryant, Cromer, Richardson, Fair and Ford: A BILL TO AMEND SECTION 44-76-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO IMMUNITY FROM CIVIL LIABILITY FOR PERSONS ADMINISTERING, USING, ACQUIRING, OR PRESCRIBING AN AUTOMATED EXTERNAL DEFIBRILLATOR (AED), TO PROVIDE SUCH IMMUNITY FOR PERSONS PROVIDING TRAINING FOR CARDIOPULMONARY RESUSCITATION THAT INCLUDES TRAINING IN THE USE OF AN AED.
Rep. HARRISON moved to adjourn debate upon the following Bill until Wednesday, April 16, which was adopted:
H. 3740 (Word version) -- Rep. Rutherford: A BILL TO AMEND SECTION 17-5-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VACANCIES IN THE OFFICE OF CORONER, SO AS TO REVISE THE MANNER IN WHICH A VACANCY IS FILLED AND FOR THE MANNER IN WHICH THE DUTIES OF THE CORONER SHALL BE PERFORMED; TO AMEND SECTION 17-5-70, AS AMENDED, RELATING TO THE APPOINTMENT OF DEPUTIES BY THE COUNTY CORONER, SO AS TO PERMIT THE COUNTY CORONER TO ALSO APPOINT INVESTIGATORS AS WELL AS DEPUTIES AND TO MAKE THESE APPOINTMENTS DISCRETIONARY RATHER THAN MANDATORY; TO AMEND SECTION 17-7-10, RELATING TO ORDERING OF AUTOPSIES, SO AS TO REQUIRE THE CORONER AND MEDICAL EXAMINER TO IMMEDIATELY REQUEST AN AUTOPSY IF A CHILD'S DEATH IS UNATTENDED; TO AMEND SECTION 20-7-5915, AS AMENDED, RELATING TO THE PURPOSES AND DUTIES OF THE STATE LAW ENFORCEMENT DIVISION IN REGARD TO INVESTIGATING CHILD DEATHS, SO AS TO FURTHER PROVIDE FOR THE MANNER IN WHICH AND CONDITIONS UNDER WHICH AUTOPSIES ARE PERFORMED IN THESE CIRCUMSTANCES; TO AMEND SECTION 20-7-5920, AS AMENDED, RELATING TO THE DUTIES OF THE STATE CHILD FATALITY ADVISORY COMMITTEE, SO AS TO
The following Bill was taken up:
H. 3590 (Word version) -- Reps. G. R. Smith, Bowen, Duncan, Haskins, Littlejohn, Lowe, Bedingfield and Stavrinakis: A BILL TO ENACT THE "SOUTH CAROLINA RESTRUCTURING ACT OF 2007" INCLUDING PROVISIONS TO AMEND SECTION 1-30-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AGENCIES OF THE EXECUTIVE BRANCH OF STATE GOVERNMENT BY ADDING THE DEPARTMENT OF ADMINISTRATION; BY ADDING SECTION 1-30-125 SO AS TO ESTABLISH THE DEPARTMENT OF ADMINISTRATION AS AN AGENCY OF THE EXECUTIVE BRANCH OF STATE GOVERNMENT TO BE HEADED BY A DIRECTOR APPOINTED BY THE GOVERNOR UPON THE ADVICE AND CONSENT OF THE GENERAL ASSEMBLY, AND TO TRANSFER TO THIS NEWLY CREATED DEPARTMENT CERTAIN OFFICES AND DIVISIONS OF THE STATE BUDGET AND CONTROL BOARD, OFFICE OF THE GOVERNOR, AND OTHER AGENCIES, AND TO PROVIDE FOR TRANSITIONAL AND OTHER PROVISIONS NECESSARY TO ACCOMPLISH THE ABOVE; BY ADDING CHAPTER 8 TO TITLE 1 SO AS TO CREATE THE OFFICE OF STATE INSPECTOR GENERAL AS A SEPARATE DIVISION WITHIN THE DEPARTMENT OF ADMINISTRATION, TO PROVIDE THAT THE STATE INSPECTOR GENERAL MUST BE APPOINTED BY THE GOVERNOR UPON THE ADVICE AND CONSENT OF THE GENERAL ASSEMBLY, TO PROVIDE FOR THE PURPOSE, DUTIES, RESPONSIBILITIES, AND AUTHORITY OF THE STATE INSPECTOR GENERAL, TO PROVIDE A DEFINITION OF "EXECUTIVE AGENCIES" FOR PURPOSES OF THIS CHAPTER, AND TO PROVIDE FOR THE RECEIPT AND INVESTIGATION OF COMPLAINTS RELATING TO IMPROPER OR UNLAWFUL ACTIVITY WITHIN EXECUTIVE AGENCIES OF THE STATE GOVERNMENT; BY ADDING ARTICLE 6 TO CHAPTER 3 OF TITLE 1 SO AS TO ESTABLISH THE DIVISION
Reps. HARRISON, MERRILL, SKELTON, HAYES, CRAWFORD, HERBKERSMAN, BEDINGFIELD, DANING, GAMBRELL, WEEKS, HALEY and LEACH requested debate on the Bill.
The following Bill was taken up:
H. 4538 (Word version) -- Reps. Funderburk, McLeod and Stavrinakis: A BILL TO ENACT THE "GOVERNMENT ACCOUNTABILITY ACT OF 2008", INCLUDING PROVISIONS TO AMEND SECTION 8-27-10(4), RELATING TO THE DEFINITION OF REPORT FOR THE PURPOSES OF THE EMPLOYMENT PROTECTION FOR REPORTS OF VIOLATIONS OF STATE OR FEDERAL LAW OR REGULATION BY PROVIDING THAT A REPORT MAY BE A WRITTEN OR ORAL ALLEGATION OR TESTIMONY TO A LEGISLATIVE COMMITTEE; BY ADDING CHAPTER 2 TO TITLE 2, RELATING TO LEGISLATIVE OVERSIGHT OF EXECUTIVE DEPARTMENTS, TO PROVIDE THAT THE STANDING COMMITTEES OF THE GENERAL ASSEMBLY HAVE A DUTY TO REVIEW AND STUDY THE OPERATIONS OF THE STATE AGENCIES WITHIN THE COMMITTEE'S JURISDICTION, TO ESTABLISH COMMITTEE OVERSIGHT JURISDICTION, TO PROVIDE FOR THE PROCESS BY WHICH A COMMITTEE MAY INITIATE AN OVERSIGHT STUDY OR INVESTIGATION, TO PROVIDE FOR THE MANNER IN WHICH AN INVESTIGATING COMMITTEE MAY ACQUIRE EVIDENCE OR INFORMATION RELATED TO THE STUDY OR INVESTIGATION, TO PROVIDE FOR PROGRAM EVALUATION REPORTS, THE MANNER IN WHICH THEY ARE REQUESTED, AND THE CONTENTS OF THE REPORTS, TO PROVIDE THAT ALL TESTIMONY GIVEN TO AN INVESTIGATING COMMITTEE MUST BE GIVEN UNDER OATH, TO PROVIDE THAT WITNESSES TESTIFYING IN FRONT OF AN INVESTIGATING COMMITTEE MAY BE REPRESENTED BY COUNSEL, AND TO PROVIDE THAT WITNESSES ARE GIVEN THE BENEFIT OF ANY PRIVILEGE WHICH HE COULD HAVE CLAIMED IN COURT AS A PARTY TO A CIVIL ACTION; TO AMEND TITLE 11 OF CHAPTER 11 BY ADDING SECTION 11-11-85 TO REQUIRE THE GOVERNOR'S ANNUAL STATE BUDGET RECOMMENDATION AND THE REPORTS OF THE HOUSE COMMITTEE ON WAYS AND MEANS AND THE SENATE FINANCE COMMITTEE ON THE ANNUAL GENERAL APPROPRIATIONS ACT TO BE IN A PROGRAMMATIC FORMAT BY PROVIDING A NARRATIVE DESCRIPTION OF EACH SEPARATE PROGRAM ADMINISTERED BY A STATE
The following Bill was taken up:
H. 4930 (Word version) -- Rep. G. M. Smith: A BILL TO AMEND SECTION 16-17-680, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO UNLAWFUL PURCHASE OF COPPER, SO AS TO PROVIDE THAT THE PURCHASER OF CERTAIN METALS FROM A PERSON WHO IS NOT AN AUTHORIZED RETAILER OR WHOLESALER MUST PAY BY CHECK OR MONEY ORDER, OBTAIN THE SELLER'S IDENTIFICATION NUMBER AND LICENSE PLATE, AND MAINTAIN THE RECORD FOR FIVE YEARS; AND BY ADDING SECTION 16-11-523, SO AS TO PROVIDE THAT IT IS UNLAWFUL TO WILFULLY AND MALICIOUSLY CUT, MUTILATE, OR DEFACE REAL PROPERTY FOR THE PURPOSE OF OBTAINING CERTAIN METALS, TO PROVIDE PENALTIES, AND TO PROVIDE CIVIL LIABILITY FOR THE VICTIMS OF THE ATTEMPTED THEFT OF CERTAIN METALS.
Rep. MULVANEY made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up:
H. 4552 (Word version) -- Reps. Harrison, M. A. Pitts, Kirsh, Jennings and McLeod: A BILL TO AMEND ARTICLE 13, CHAPTER 13, TITLE 58, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIAL OFFICERS AND CONSTABLES, SO AS TO AUTHORIZE UTILITY POLICE OFFICERS, DEFINE TERMS RELATED TO INCLUDING UTILITY POLICE OFFICERS IN THE
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\MS\7586AHB08), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Article 13, Chapter 13, Title 58 of the 1976 Code is amended to read:
Section 58-13-900. As used in this article:
(a) 'Director of utility police' means the principal officer or employee designated by a utility to provide law enforcement services for that utility.
(b) 'Utility' means an electric or gas utility subject to regulation by the Public Service Commission pursuant to Chapters 5 and 27 of Title 58, which serves more than one hundred thousand customers in this State.
(c) 'Utility police officer' means an officer employed by a utility, or employed by an affiliate company of the utility, if the affiliate company provides law enforcement services to the utility, to provide law enforcement to that utility and duly trained and certified pursuant to Article 9, Chapter 6, Title 23, in accordance with the training and certification standards established for other state law enforcement officers. Utility police officers are vested with all powers and duties conferred by law upon state law enforcement officers with similar training and certification but are not eligible to participate in the Police Officers' Retirement System. Utility police officer does not include security personnel employed by a utility pursuant to 10 CFR Section 73.55 of the Nuclear Regulatory Commission regulations.
Section 58-13-910. Upon the application of the superintendent or manager of a railway or other common carrier doing business in this State or the director of utility police, the Governor shall certify special officers, or constables, or utility police officers for the protection and safety of all property and interest of the common carrier or utility, if the officers, and constables, or utility police officers are paid by the common carrier or utility applying for their certification. Special officers, or constables, or utility police officers appointed pursuant to the laws of another state for protection of interstate shipments, passengers, assets, infrastructure, and employees of railroad or utility
Section 58-13-920. Such special Special officers, or constables, or utility police officers shall have all the powers, duties, and responsibilities of deputy sheriffs and other police officers, and their commissions shall continue so long as they are employed in such this capacity by the railway, or other common carrier, or utility. But the Governor shall revoke their commissions upon request of the superintendent or manager of the railway or other common carrier or the director of utility police upon whose application they were appointed and the Governor may also at any time revoke such these commissions for cause. The utility police officers may only take action in situations that pose an adverse effect on the utility, its infrastructure, or its employees and shall notify local or county law enforcement officials of their presence within the jurisdiction prior to taking law enforcement action except in the presence of an imminent threat, danger, or other emergency situation. In this case, notification must be made as soon as practical after the situation is rendered safe.
Section 58-13-930. Each special officer, or constable, or utility police officer appointed under pursuant to the provisions of this chapter article shall be is required to enter into a good and sufficient bond in the sum of five hundred dollars, conditioned for the faithful performance of his duties, such the bond to be approved by the Attorney General.
Section 58-13-940. Nothing herein shall The provisions of this article do not limit the liability of any a common carrier or utility for any a trespass or tort of such a special officer, or constable, or utility police officer.
Section 58-13-950. The director of utility police shall appoint and designate persons for the position of utility police officer, unless after a due investigation, it appears these persons are not qualified to serve as a law enforcement officer of the State. Qualified persons must attend, be trained, and certified at the South Carolina Criminal Justice
Rep. G. M. SMITH explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill and Joint Resolution were taken up, read the second time, and ordered to a third reading:
H. 4433 (Word version) -- Reps. Bowers and Brantley: A BILL TO AMEND SECTION 7-7-300, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN HAMPTON COUNTY, SO AS TO DELETE POLLING PLACE LOCATIONS IN THE VOTING PRECINCTS OF HAMPTON COUNTY, TO DESIGNATE A MAP NUMBER FOR THE MAP ON WHICH LINES OF THESE PRECINCTS ARE DELINEATED AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICS OF THE STATE BUDGET AND CONTROL BOARD, AND TO AUTHORIZE THE HAMPTON COUNTY BOARD OF ELECTIONS AND VOTER REGISTRATION, WITH THE APPROVAL OF A MAJORITY OF THE HAMPTON COUNTY LEGISLATIVE DELEGATION, TO DETERMINE THE POLLING PLACES FOR THE PRECINCTS IN HAMPTON COUNTY.
H. 5003 (Word version) -- Reps. Miller, Hodges and Erickson: A JOINT RESOLUTION TO DIRECT THE STATE TREASURER IN FISCAL YEAR 2008-2009 TO TRANSFER FROM THE HOMESTEAD EXEMPTION FUND TO THE EDUCATION FINANCE ACT RESERVE FUND SUFFICIENT MONIES, AS DETERMINED BY
Rep. COOPER explained the Joint Resolution.
The following Bill was taken up:
H. 5008 (Word version) -- Reps. Crawford, Lowe, Branham, Williams and Alexander: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 3 TO CHAPTER 133, TITLE 59 SO AS TO ALLOW THE FRANCIS MARION BOARD OF TRUSTEES TO ISSUE REVENUE BONDS FOR THE CONSTRUCTION OF ATHLETIC FACILITIES BY RESOLUTION, TO PROVIDE THE MANNER AND TERMS BY WHICH THE BONDS ARE ISSUED, AND TO DEFINE CERTAIN TERMS; AND TO DESIGNATE SECTIONS 59-133-10 THROUGH 59-133-60 AS ARTICLE 1, CHAPTER 133 OF TITLE 59.
Rep. COOPER moved to commit the Bill to the Committee on Ways and Means, which was agreed to.
On motion of Rep. UMPHLETT, with unanimous consent, the following Bill was ordered recalled from the Committee on Agriculture, Natural Resources and Environmental Affairs:
H. 5021 (Word version) -- Rep. Duncan: A BILL TO AMEND SECTION 50-11-1920, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SALE UNDER CERTAIN CONDITIONS OF EXOTIC FARM-RAISED VENISON AND PENALTIES FOR VIOLATING THE PROVISIONS OF THIS SECTION, SO AS TO PROVIDE THAT THE PROHIBITIONS OF THIS SECTION DO NOT APPLY TO THE SALE OR PURCHASE OF PROCESSED PET FOODS OR
On motion of Rep. CHALK, with unanimous consent, the following Bill was ordered recalled from the Committee on Medical, Military, Public and Municipal Affairs:
H. 5012 (Word version) -- Rep. Chalk: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-33-25 SO AS TO PROVIDE THAT THE DEPARTMENT OF LABOR, LICENSING AND REGULATION MAY REQUIRE STATE AND NATIONAL CRIMINAL RECORDS CHECKS OF AN APPLICANT FOR LICENSURE TO PRACTICE NURSING AND TO PROVIDE THAT THE DEPARTMENT MAY REQUIRE SUCH CRIMINAL RECORDS CHECKS IN CONNECTION WITH AN INVESTIGATION OR DISCIPLINARY PROCEEDING OF A LICENSEE; AND BY ADDING SECTION 40-33-39 SO AS TO REQUIRE A LICENSED NURSE TO WEAR AN IDENTIFICATION BADGE BEARING THE NURSE'S FIRST OR LAST NAME, OR BOTH, AND TITLE.
On motion of Rep. MOSS, with unanimous consent, the following Bill was ordered recalled from the Committee on Judiciary:
H. 5000 (Word version) -- Reps. Moss, Harrell, Agnew, Bowers, Chalk, Gullick, Hardwick, Harvin, Haskins, Kelly, Kirsh, Littlejohn, Lowe and Mahaffey: A BILL TO AMEND SECTION 23-1-212, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ENFORCEMENT OF STATE CRIMINAL LAWS BY FEDERAL LAW ENFORCEMENT OFFICERS, SO AS TO PROVIDE THAT NATIONAL PARK SERVICE PARK RANGERS ARE FEDERAL LAW ENFORCEMENT OFFICERS WHO ARE AUTHORIZED TO ENFORCE THE STATE'S CRIMINAL LAWS.
On motion of Rep. CATO, with unanimous consent, the following Bill was ordered recalled from the Committee on Labor, Commerce and Industry and was referred to the Committee on Judiciary:
H. 5009 (Word version) -- Reps. G. M. Smith, Weeks and Clemmons: A BILL TO AMEND SECTION 40-80-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A CRIMINAL RECORDS CHECK FOR A FIREFIGHTER, SO AS TO PROVIDE NO PERSON MAY VOLUNTEER AS A FIREFIGHTER, BE EMPLOYED AS A FIREFIGHTER, OR PERFORM FIREFIGHTING DUTIES IF HE HAS BEEN CONVICTED OF, PLED GUILTY TO, OR PLED NOLO CONTENDERE TO ARSON.
Rep. HALEY asked unanimous consent to recall H. 5019 (Word version) from the Committee on Ways and Means.
Rep. PERRY objected.
The Veto on the following Act was taken up:
(R205) S. 771 (Word version) -- Senator Hutto: AN ACT TO CREATE THE ALLENDALE COUNTY AERONAUTICS AND DEVELOPMENT COMMISSION AND TO PROVIDE FOR THE APPOINTMENT OF MEMBERS, THEIR TERMS, POWERS, DUTIES, AND RESPONSIBILITIES; AND TO REPEAL ACT 721 OF 1962 RELATING TO THE CREATION OF THE ALLENDALE COUNTY DEVELOPMENT BOARD AND ACT 842 OF 1973 RELATING TO THE ALLENDALE COUNTY AERONAUTICS COMMISSION.
The question was put, shall the Act become a part of the law, the Veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Hosey
So, the Veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.
The following Joint Resolution was taken up, read the third time, and ordered sent to the Senate:
H. 4578 (Word version) -- Reps. Harrison, Hagood, Talley, W. D. Smith and G. R. Smith: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE VIII OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, BY ADDING SECTION 19 SO AS TO AUTHORIZE THE GENERAL ASSEMBLY, BY SPECIAL OR LOCAL LAW, TO ABOLISH A SPECIAL OR PUBLIC SERVICE DISTRICT AND TRANSFER ITS ASSETS AND LIABILITIES TO AN ASSUMING SERVICE PROVIDER.
Rep. COOPER moved that the House recur to the Morning Hour, which was agreed to.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 5022 (Word version) -- Rep. Govan: A BILL TO AMEND SECTION 34-39-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RESTRICTIONS AND REQUIREMENTS FOR DEFERRED PRESENTMENT OR DEPOSIT OF CHECK, SO AS TO PROVIDE A CHECK ACCEPTED FOR DEFERRED PRESENTMENT OR DEPOSIT PURSUANT TO THIS CHAPTER MAY NOT BE REPAID BY MEANS OF ELECTRONIC TRANSFER OF FUNDS FROM AN ACCOUNT OF THE CUSTOMER.
Referred to Committee on Labor, Commerce and Industry
H. 5023 (Word version) -- Rep. Govan: A BILL TO AMEND SECTION 16-17-490, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFENSE OF CONTRIBUTING TO THE DELINQUENCY OF
H. 5024 (Word version) -- Rep. Sellers: A BILL TO AMEND SECTION 40-71-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MEMBERS OF CERTAIN PROFESSIONAL SOCIETIES WHO ARE EXEMPT FROM TORT LIABILITY, SO AS TO FURTHER PROVIDE FOR THE MEDICAL FACILITIES TO WHICH THIS EXEMPTION APPLIES IN REGARD TO ITS MEDICAL STAFF RESPONSIBLE FOR PROFESSIONAL STANDARDS.
Referred to Committee on Judiciary
On motion of Rep. NEILSON, with unanimous consent, the following was taken up for immediate consideration:
H. 5025 (Word version) -- Reps. Neilson, McLeod, Leach, Agnew, Alexander, Allen, Anderson, Anthony, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bingham, Bowen, Bowers, Brady, Branham, Brantley, Breeland, G. Brown, R. Brown, Cato, Chalk, Clemmons, Clyburn, Cobb-Hunter, Coleman, Cooper, Cotty, Crawford, Daning, Dantzler, Davenport, Delleney, Duncan, Edge, Erickson, Frye, Funderburk, Gambrell, Govan, Gullick, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Hart, Harvin, Haskins, Hayes, Herbkersman, Hiott, Hodges, Hosey, Howard, Huggins, Hutson, Jefferson, Jennings, Kelly, Kennedy, Kirsh, Knight, Limehouse, Littlejohn, Loftis, Lowe, Lucas, Mack, Mahaffey, Merrill, Miller, Mitchell, Moody-Lawrence, Moss, Mulvaney, J. H. Neal, J. M. Neal, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rice, Rutherford, Sandifer, Scarborough, Scott, Sellers, Shoopman, Simrill, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Spires, Stavrinakis, Stewart, Talley, Taylor, Thompson, Toole, Umphlett, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Williams, Witherspoon and Young: A CONCURRENT RESOLUTION TO URGE COORDINATION OF GOVERNMENT AND PRIVATE RESOURCES IN THE STATE OF SOUTH CAROLINA TO
Whereas, senior citizens are the most rapidly growing segment of South Carolina's population, with 1.3 million baby boomers joining seven hundred seventy-five thousand individuals already sixty and older, and this group can be especially vulnerable to scams; and
Whereas, there were more than six thousand total fraud complaints made through the South Carolina Department of Consumer Affairs in 2007 and presumably many more that went unreported; and
Whereas, the top South Carolina frauds consisted of magazine subscriptions, shop-at-home/catalog sales, foreign-money offers, Internet services, prizes/sweepstakes, and lotteries; and
Whereas, it falls to government to provide support to those senior adults who have been financially exploited through calculating theft of their resources by unscrupulous persons. Therefore, it is in the public interest of the State of South Carolina to preserve and enhance the ability of its senior citizens to both provide for themselves financially and safeguard their assets; and
Whereas, to help protect our seniors' resources, the Omnibus Adult Protection Act provides penalties for those who neglect, abuse, or exploit vulnerable adults, but further protection is needed. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the South Carolina General Assembly, by this resolution, urge coordination of government and private resources in the State of South Carolina to protect our senior citizens from scams and other schemes that undermine their financial independence.
Be it further resolved that, by this resolution, the members of the General Assembly declare protection of vulnerable adults against unlawful and unscrupulous scams to be a high priority for all tax-funded agencies and institutions.
Be it further resolved that, by this resolution, the members of the General Assembly urge the strengthening of South Carolina's efforts to protect our senior adults against fraud through an educational campaign that calls upon the voluntary resources of the civic-minded South Carolina Cable Association, South Carolina Press Association, South Carolina Broadcasters Association, and other such groups in order to create appropriate public-service announcements and special programming on commercial and cable television stations, as well as newspaper features and reports.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Bill was taken up:
H. 4520 (Word version) -- Reps. Cooper, Harrell, Cobb-Hunter, Walker, Perry, Battle, Skelton, Thompson, Alexander, Ballentine, Edge, Harrison, Hayes, Limehouse, J. H. Neal, Ott, Owens, Williams, Spires, Whipper, R. Brown, Hosey, Mitchell and Hodges: A BILL TO AMEND SECTION 59-147-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ISSUANCE OF REVENUE BONDS BY COLLEGES AND UNIVERSITIES, SO AS TO CLARIFY AND FURTHER SPECIFY WHAT FACILITIES ARE ELIGIBLE TO BE FINANCED UNDER THE HIGHER EDUCATION REVENUE BOND ACT; AND TO REPEAL SECTION 59-147-120 RELATING TO CERTAIN LIMITATIONS ON THE ISSUANCE OF REVENUE BONDS.
(B) The bonds issued pursuant to this act shall be secured by a pledge of and payable from the amounts received from the federal government for the leasing of the CH building pursuant to the lease agreement with the university (Lease and Occupancy Agreement). The faith and credit of the State shall not be pledged for the payment of the principal and interest on the bonds, and there shall be on the face of each bond a statement plainly worded to that effect. Neither the trustees nor any other person signing the bonds shall be personally liable for the bonds.
(C) In order to avail themselves of the authorization set forth in this act, the trustees shall adopt a resolution providing for the issuance of the bonds, within the limitations of this act. The resolution shall prescribe, or authorize the delivery of trust indenture documentation subscribing, the tenor, terms, and conditions of the bonds. The bonds may be issued as serial or term bonds, maturing in such amounts, at such times, and on such occasions as the trustees or their designee shall determine; provided, that the last maturing bonds shall mature not later than the earlier of the original stated termination date of the Lease and Occupancy Agreement or thirty years from the date of the issuance of the bonds. The bonds shall bear the rates of interest and shall be payable on the occasion as the trustees or their designee shall prescribe. The bonds shall be issued in specific denominations and shall be payable in a medium of payment at
(D) The bonds authorized by this act and all interest to become due on them have the tax exempt status prescribed by Section 12-2-50.
(E) It is lawful for all executors, administrators, guardians, and fiduciaries, all sinking fund commissions, the board, as trustee of the South Carolina Retirement System, and all other governmental entities within this State to invest any monies in their hands in the bonds.
(F) The bonds and the coupons, if any, attached thereto, shall be executed manually or by facsimile in the name of the university in the manner and by persons as the trustees determine, and the seal of the university shall be affixed to, or impressed, or reproduced on each bond. The bonds may be registrable as to principal and interest on books kept for them by or on behalf of the university, including by a corporate registrar. The delivery of the executed bonds shall be valid notwithstanding changes in officers or in the seal occurring after the execution. Notwithstanding the foregoing, the bonds may be issued as fully registered noncertificated book-entry securities.
(G) The bonds shall be sold in a manner as the trustees shall determine, at public or private sale. If the trustees elect to sell the bonds at public sale, at least one advertisement of the sale shall be published in the manner prescribed by the State Treasurer not less than seven days prior to the time fixed for the opening of bids. The bonds may be sold at a discount or for a premium as may be determined by the trustees or their designee as being in the best interest of the university.
(H) Proceeds of the bonds shall be delivered to the State Treasurer or its corporate trust designee and retained in a special fund or funds and applied solely to the purposes for which the bonds are issued. Any withdrawal from the fund shall be made on the order or requisition of the university and shall be in the form the State Treasurer prescribes. The State Treasurer may make temporary investments of funds derived from the proceeds of bonds in the manner prescribed by law. Any interest earned in the fund or funds shall remain in the fund or funds.
(I) To the end that provision be made for the adequate payment of the principal and interest of the bonds, the trustees shall determine prior to the issuance of the bonds that applicable annual payments to be received by the university pursuant to the Lease and Occupancy Agreement shall be sufficient to enable the university to meet its annual debt service payments of the bonds, as well as any obligation to maintain the required balance in any reserve fund required to be established. The trustees shall
(J) To the end that the payment of the principal and interest of the bonds shall be adequately secured, the trustees shall be empowered in their discretion to:
(1) pledge any portion of payments to be received by the university pursuant to the Lease and Occupancy Agreement as security for the payment of the bonds and maintenance of the facilities financed by the bonds; provided, however, that any surplus of the payments available upon final maturity for the benefit of the bonds may be used for any university purpose;
(2) covenant:
(a) to maintain facilities subject to the applicable portion of the Lease and Occupancy Agreement, and to insure the facilities against risks and hazards;
(b) to create and maintain an adequate reserve for contingencies and for repairs and replacement of the facilities;
(c) to pay the principal and interest of the bonds as they respectively become due;
(d) to create and maintain any reserve fund established in connection with the issuance of the bonds;
(e) against the disposal or further encumbrance of receipts and revenues pledged to the payment of the bonds, for the benefit of the holders of the bonds; and
(f) for the mandatory redemption of bonds on the terms and conditions as the resolution authorizing the bonds prescribes;
(3) provide for the terms, form, registration, exchange, execution, and authentication of bonds, and for the replacement of lost, destroyed, or mutilated bonds;
(4) provide for early defeasance of the bonds through the establishment of a special escrow account maintained by a corporate trustee, which may be the State Treasurer;
(5) prescribe the procedure, if any, by which the terms of the contract with the bondholders may be amended, the number of bonds whose holders must consent to the amendment, and the manner in which consent shall be given;
(6) prescribe the events of default and the terms and conditions upon which all or any bonds shall become or may be declared due before
(7) establish on or before the occasion of the delivery of the bonds, or thereafter, any reserve fund and to cause the fund to be maintained by the State Treasurer or its designee, and to that end, the trustees shall be empowered to utilize any moneys available for the funding of any reserve fund. In the discretion of the trustees or their designee, in lieu of cash, any reserve fund may be funded with a surety bond, insurance policy, letter of credit, line of credit, or similar guarantee, and the university may obligate itself for the reimbursement of any amounts drawn under the guarantee, with interest. At the discretion of the trustees or their designee, the university may purchase an insurance policy or provide any other acceptable surety for payment of both principal and interest on any bonds;
(8) appoint a corporate trustee and a paying agent for the bondholders, with the consent of the State Treasurer, either of whom may be the State Treasurer, and to prescribe the manner in which applicable payments received by the university under the Lease and Occupancy Agreement shall be utilized and disposed of. Any corporate trustee shall serve in a fiduciary capacity as trustee for the bondholders under the resolution of the trustees or applicable bond indenture pursuant to which the bonds shall be issued; and
(9) enter into an indenture of trust with a corporate trustee, which may be the State Treasurer, in order to provide for the issuance of the bonds and for any of the other related matters authorized by this act.
(K) The authorizations of the university and the trustees shall remain in full force and effect until the time as payment in full of the bonds shall have been made to the bondholders.
SECTION 2. This act takes effect upon approval by the Governor./
Amend the title to read:
/TO AUTHORIZE THE UNIVERSITY OF SOUTH CAROLINA TO ISSUE REVENUE BONDS TO PROVIDE FUNDS FOR THE ACQUISITION, CONSTRUCTION, AND EQUIPPING OF A NEW BUSINESS SCHOOL FACILITY AND FOR THE RENOVATION OF THE CLOSE-HIPP BUILDING FOR LEASE AND OCCUPANCY BY AN AGENCY OF THE FEDERAL GOVERNMENT, TO PROVIDE THAT THE REVENUE BONDS SHALL BE SECURED BY AND PAYABLE FROM A PLEDGE OF THE LEASE PAYMENTS, AND TO PROVIDE THE PROCESS BY WHICH THE REVENUE BONDS MAY BE ISSUED. /
Rep. COOPER explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
Rep. R. BROWN moved that the House do now adjourn, which was agreed to.
The Senate returned to the House with concurrence the following:
H. 4872 (Word version) -- Reps. Kirsh, Simrill, Gullick, Moody-Lawrence, Delleney and Mulvaney: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR YORK COUNTY AS A VITAL PART OF THIS STATE, AND TO DECLARE APRIL 30, 2008, YORK COUNTY DAY IN SOUTH CAROLINA.
H. 4995 (Word version) -- Reps. Hutson, Harrell, Knight and Young: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR THE SUMMERVILLE HIGH SCHOOL BOYS BASKETBALL TEAM FOR A WINNING SEASON, AND TO CONGRATULATE THE PLAYERS AND COACHES FOR CAPTURING THE 2008 CLASS AAAA STATE CHAMPIONSHIP TITLE.
H. 5005 (Word version) -- Rep. J. R. Smith: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR THE REVEREND WILLIAM REESE UPON THE OCCASION OF HIS FIFTY-FOURTH ANNIVERSARY AS FOUNDING PASTOR OF LAKESIDE BAPTIST CHURCH IN AIKEN COUNTY AND TO CONGRATULATE HIM UPON THE OCCASION OF HIS RETIREMENT ON MAY 18, 2008.
H. 5006 (Word version) -- Reps. Hutson, Harrell, Knight and Young: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR THE PINEWOOD PREPARATORY SCHOOL BOYS BASKETBALL TEAM FOR CAPTURING THE 2008 SOUTH CAROLINA INDEPENDENT SCHOOL ASSOCIATION CLASS AAA STATE CHAMPIONSHIP TITLE, AND TO
At 1:14 p.m. the House, in accordance with the motion of Rep. TALLEY, adjourned in memory of Jeannine Kelly Smoak of Laurens, sister of Representative Kelly, to meet at 10:00 a.m. tomorrow.
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