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

Printed Page 1975 . . . . . Friday, April 20, 2007

Friday, April 20, 2007
(Local Session)


Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 11:00 A.M., the hour to which it stood adjourned, and was called to order by the ACTING PRESIDENT, Senator RYBERG.

REPORT RECEIVED
Findings of Fact

Memorandum To: Clerk of the House
Clerk of the Senate

Re: Committee Hearings, March 27, 2007

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

South Carolina State University

2nd District, Seat 2       Mr. Reggie Gallant

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

COMMITTEE TO SCREEN CANDIDATES
FOR BOARDS OF TRUSTEES
OF STATE COLLEGES AND UNIVERSITIES
Tuesday, March 27, 2007
12:45 P.M. - 12:49 P.M.

The meeting was conducted on March 27, 2007, at the State House, Columbia, South Carolina, before Lisa F. Huffman, Court Reporter and Notary Public in and for the State of South Carolina.

Printed Page 1976 . . . . . Friday, April 20, 2007

APPEARANCES:
Senator Jake Knotts
Representative Joan Brady
Representative Floyd Breeland

Also Present:
Sophia Derrick

VICE CHAIRMAN KNOTTS: We're going to call to order the meeting of the Committee to Screen Candidates for Boards and Trustees of State Colleges and Universities. The introduction of the committee members present is Joan Brady, representative from Richland County, and Representative Floyd Breeland -- and where are you from?
MR. BREELAND: Charleston.
VICE CHAIRMAN KNOTTS: Charleston. Charleston. I knew we had to have somebody from Charleston, and myself, Jake Knotts, Senator from Lexington. Raise your right hand. Do you swear that the information you are giving to this committee today is the truth, the whole truth, and nothing but the truth?

(Affirmation)
VICE CHAIRMAN KNOTTS: State your name.
MR. GALLANT: Reggie Gallant.
VICE CHAIRMAN KNOTTS: Reggie Gallant?
MR. GALLANT: Yes, sir.
VICE CHAIRMAN KNOTTS: And you're a candidate for what Board?
MR. GALLANT: South Carolina State University.
VICE CHAIRMAN KNOTTS: South Carolina State University.
MR. GALLANT: Yes, sir.
VICE CHAIRMAN KNOTTS: Why do you want to be on the South Carolina State University Board?
MR. GALLANT: Currently, I serve as a trustee --
VICE CHAIRMAN KNOTTS: Right.
MR. GALLANT: -- and have been there for two years, and have worked diligently with the Board to really help move the university in the right direction. And we've accomplished a lot, and I would like to remain a trustee so that we can continue some of the work that we've done already.

Printed Page 1977 . . . . . Friday, April 20, 2007
VICE CHAIRMAN KNOTTS: How long have you been on the Board?
MR. GALLANT: Two years.
VICE CHAIRMAN KNOTTS: Two years.
MR. GALLANT: Yes, sir.
VICE CHAIRMAN KNOTTS: Did you fill in an unexpired term of someone?
MR. GALLANT: Yes, sir, Samuel Glover.
VICE CHAIRMAN KNOTTS: Samuel Glover.
MR. GALLANT: Yes, sir.
VICE CHAIRMAN KNOTTS: He went to the Parole Board.
MR. GALLANT: That's correct.
VICE CHAIRMAN KNOTTS: Tell us a little bit about yourself.
MR. GALLANT: I'm originally from Georgetown, South Carolina and went to school at Tennessee State University. I currently work for State Farm Insurance Company. I'm a vice president for State Farm and have responsibilities for South Carolina and Georgia. And married, wife, three children -- three boys, 13, 11 and 4.
VICE CHAIRMAN KNOTTS: And where do you live?
MR. GALLANT: I live in Irmo.
VICE CHAIRMAN KNOTTS: In Irmo?
MR. GALLANT: Yes, sir.
VICE CHAIRMAN KNOTTS: Let me ask you a few questions. Just housecleaning questions. 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. GALLANT: No, I don't.
VICE CHAIRMAN KNOTTS: Considering your present occupation and other activities, would you be able to attend Board meetings on a regular basis?
MR. GALLANT: Yes, sir.
VICE CHAIRMAN KNOTTS: Do you have any interests, professionally or personally, that present a conflict of interest because of your service on the Board?
MR. GALLANT: No, I do not.
VICE CHAIRMAN KNOTTS: 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. GALLANT: I do not.
Printed Page 1978 . . . . . Friday, April 20, 2007
VICE CHAIRMAN KNOTTS: What is your attendance rate since you are on the Board?
MR. GALLANT: I've been --
VICE CHAIRMAN KNOTTS: Have you missed any meetings?
MR. GALLANT: I've missed probably -- in two years, I've probably missed about three meetings.
VICE CHAIRMAN KNOTTS: Three meetings?
MR. GALLANT: Yes, sir.
VICE CHAIRMAN KNOTTS: How often do they meet?
MR. GALLANT: Four to five times a year.
VICE CHAIRMAN KNOTTS: Were those meetings -- I know in your mind, they're justified -- but would they be excusable meetings?
MR. GALLANT: Yes, sir. As a matter of fact, as a Board member, if you're going to miss a Board meeting, you need to notify the chairman a week prior to missing a Board meeting and the explanation of why you can't attend.
VICE CHAIRMAN KNOTTS: Ms. Brady or Mr. Breeland, do you have any questions?
MR. BREELAND: My question was, were you a graduate of South Carolina State, but you already answered that.
MR. GALLANT: Yes, sir. Well, my father is a graduate of South Carolina State. My oldest brother is a graduate of South Carolina State, and my oldest sister and my younger sister all attended and graduated from South Carolina State. So there are deep roots in South Carolina State in my family and me, even though I went to another university.
MR. BREELAND: Well, I had my first teaching job in Irmo.
MR. GALLANT: Oh, did you really?
MR. BREELAND: At Richlex High School.
MR. GALLANT: Oh, yeah. Okay.
MR. BREELAND: I know it's not there now.
MR. GALLANT: No, but that's still popular out in that area, for sure. Sure is, absolutely.
VICE CHAIRMAN KNOTTS: Do you have any questions?
MS. BRADY: I'm fine.
VICE CHAIRMAN KNOTTS: Do I hear a motion?
MR. BREELAND: I so move.
VICE CHAIRMAN KNOTTS: We have a motion moved --
MS. BRADY: Second.
VICE CHAIRMAN KNOTTS: -- and a second for approval. No discussion. All in favor, say 'aye.'
Printed Page 1979 . . . . . Friday, April 20, 2007
COMMITTEE: 'Aye.'
VICE CHAIRMAN KNOTTS: Let it be known it was unanimous. Thank you, sir.
MR. GALLANT: Well, thank you all, and I know this, hopefully wasn't a terrible inconvenience, but I do appreciate you taking the time to do it. Thank you so much.
VICE CHAIRMAN KNOTTS: Thank you.
MR. GALLANT: Thank you.
MS. BRADY: Thank you.

(The Screening Commission concluded at 12:49 P.M.)

THIRD READING BILLS

The following Bills and Joint Resolution were read the third time and ordered sent to the House of Representatives:

S. 99 (Word version) -- Senators Sheheen, Malloy and Ford: A BILL TO AMEND SECTIONS 7-11-20 AND 7-13-15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PARTY CONVENTIONS AND PARTY PRIMARY ELECTIONS CONDUCTED BY THE STATE ELECTION COMMISSION AND COUNTY ELECTION COMMISSIONS, SO AS TO PROVIDE THAT THE STATE ELECTION COMMISSION CONDUCT PRESIDENTIAL PRIMARIES AND THAT THE STATE COMMITTEE OF THE PARTY SET THE DATE AND THE FILING REQUIREMENTS FOR THE PRESIDENTIAL PRIMARIES AND TO CLARIFY CERTAIN EXISTING PROVISIONS CONCERNING PRIMARIES; AND TO REPEAL SECTION 7-11-25 RELATING TO POLITICAL PARTIES NOT PROHIBITED FROM CONDUCTING PRESIDENTIAL PREFERENCE OR ADVISORY PRIMARIES.

By prior motion of Senator SHEHEEN, with unanimous consent

S. 534 (Word version) -- Senator Leventis: A BILL TO AMEND ACT 620 OF 1992 AND ACT 741 OF 1990, BOTH AS AMENDED, RELATING TO THE REAPPORTIONMENT OF THE ELECTION DISTRICTS FROM WHICH TRUSTEES OF SCHOOL DISTRICTS 2 AND 17 OF SUMTER COUNTY ARE ELECTED, SO AS TO FURTHER REAPPORTION THESE DISTRICTS AND TO DESIGNATE A MAP NUMBER FOR THE TWO MAPS ON WHICH THESE NEW LINES OF THE ELECTION DISTRICTS FOR TRUSTEES ARE DESIGNATED AND MAINTAINED BY THE OFFICE OF

Printed Page 1980 . . . . . Friday, April 20, 2007
RESEARCH AND STATISTICS OF THE STATE BUDGET AND CONTROL BOARD.

By prior motion of Senator LEVENTIS

S. 639 (Word version) -- Senator Leventis: A BILL TO PROVIDE THAT SUMTER COUNTY ON JULY 1, 2011, SHALL CONSIST OF ONE SCHOOL DISTRICT TO BE KNOWN AS THE SUMTER COUNTY CONSOLIDATED SCHOOL DISTRICT AND TO ABOLISH THE EXISTING SCHOOL DISTRICTS IN SUMTER COUNTY; TO PROVIDE THAT THE CONSOLIDATED SCHOOL DISTRICT BE GOVERNED BY A BOARD OF TRUSTEES ELECTED IN NONPARTISAN ELECTIONS ON SPECIFIED DATES; TO PROVIDE FOR THE COMPOSITION AND MANNER OF ELECTION OF THE BOARD; TO PROVIDE A SUPERINTENDENT FOR THE DISTRICT TO BE APPOINTED BY THE BOARD; TO PROVIDE FOR THE POWERS AND DUTIES OF THE BOARD AND SUPERINTENDENT; TO PROVIDE FOR THE MANNER IN WHICH SCHOOL BUDGETS MUST BE PRESENTED AND THE SCHOOL TAX MILLAGE BE IMPOSED AND CALCULATED; TO PROVIDE FOR THE TRANSFER OF THE ASSETS AND LIABILITIES OF THE TWO PRESENT SCHOOL DISTRICTS TO THE CONSOLIDATED DISTRICT WITH CERTAIN EXCEPTIONS; TO PROVIDE THE MANNER IN WHICH THE CONSTITUTIONAL DEBT LIMITATION OF THE CONSOLIDATED SCHOOL DISTRICT FOR THE ISSUANCE OF A GENERAL OBLIGATION BOND MUST BE DETERMINED; AND TO PROVIDE FOR A SIX-MEMBER TRANSITION TEAM TO BE APPOINTED BY THE BOARDS OF DISTRICT TWO AND DISTRICT SEVENTEEN TO MAKE RECOMMENDATIONS CONCERNING ATTENDANCE ZONES AND OTHER MATTERS.

By prior motion of Senator LEVENTIS

H. 3505 (Word version) -- Reps. Harrell, W.D. Smith, Cato, Chellis, Cooper, Harrison, Walker, Witherspoon, Merrill, Cotty, Duncan, Hagood, Huggins, Scarborough, Haley, Davenport, Ballentine, Bannister, Battle, Bedingfield, Bingham, Bowen, Brady, Breeland, G. Brown, Ceips, Clemmons, Crawford, Dantzler, Delleney, Gambrell, Gullick, Hamilton, Haskins, Hayes, Hinson, Hiott, Kelly, Kirsh, Knight, Leach, Littlejohn, Lowe, Lucas, Mahaffey, Moss, Mulvaney, Owens, Perry, Pinson, E.H. Pitts, M.A. Pitts, Shoopman, Simrill, Skelton,

Printed Page 1981 . . . . . Friday, April 20, 2007
G.M. Smith, G.R. Smith, Spires, Stavrinakis, Stewart, Talley, Taylor, Thompson, Toole, Umphlett, White, Whitmire, Young, Hodges, Viers and Rice: A JOINT RESOLUTION TO DIRECT THE STATE PORTS AUTHORITY TO CONTINUE AND BRING TO ITS EARLIEST CONCLUSION THE CONDEMNATION ACTION IT HAS BEGUN INVOLVING APPROXIMATELY ONE THOUSAND EIGHT HUNDRED ACRES IN JASPER COUNTY NEEDED TO DEVELOP NEW TERMINAL FACILITIES; TO PROVIDE THAT THE POWER AND AUTHORITY OF JASPER COUNTY TO UNDERTAKE ANY CONDEMNATION ACTION REGARDING THIS APPROXIMATELY ONE THOUSAND EIGHT HUNDRED ACRES IN JASPER COUNTY OR ANY OTHER CONDEMNATION ACTION IN REGARD TO THE DEVELOPMENT OF TERMINAL FACILITIES IN JASPER COUNTY IS SUSPENDED FOR A PERIOD OF THREE YEARS FROM THE EFFECTIVE DATE OF THIS JOINT RESOLUTION; TO DIRECT THE STATE PORTS AUTHORITY TO CONTINUE AND COMPLETE CERTAIN OTHER ACTIONS BEGUN BEFORE THE EFFECTIVE DATE OF THIS JOINT RESOLUTION IN REGARD TO THESE NEW TERMINAL FACILITIES; AND TO DIRECT THE STATE PORTS AUTHORITY TO BEGIN SPECIFIC NEW UNDERTAKINGS WITHIN A STIPULATED TIME FRAME UPON FINAL CONCLUSION INCLUDING ALL APPEALS OF THE ABOVE CONDEMNATION ACTION.

By prior motion of Senator LEATHERMAN, with unanimous consent

Printed Page 1982 . . . . . Friday, April 20, 2007

MOTION ADOPTED

On motion of Senators MARTIN, ALEXANDER, ANDERSON, BRYANT, CAMPSEN, CLEARY, COURSON, CROMER, DRUMMOND, ELLIOTT, FAIR, FORD, GREGORY, GROOMS, HAWKINS, HAYES, HUTTO, JACKSON, KNOTTS, LAND, LEATHERMAN, LEVENTIS, LOURIE, MALLOY, MATTHEWS, McCONNELL, McGILL, MOORE, O'DELL, PATTERSON, PEELER, PINCKNEY, RANKIN, REESE, RITCHIE, RYBERG, SCOTT, SETZLER, SHEHEEN, SHORT, THOMAS, VAUGHN, VERDIN and WILLIAMS, with unanimous consent, the Senate stood adjourned out of respect to the memory of those students at Virginia Tech and their families that have suffered unimaginable grief after the shooting massacre on the Virginia Tech campus on Monday, April 16, 2007. Friday, April 20th has been designated an "Orange and Maroon Effect" day to honor those killed and to show support for Virginia Tech students, faculty, administrators, staff, alumni and friends.

ADJOURNMENT

At 11:45 A.M., on motion of Senator SETZLER, the Senate adjourned to meet next Tuesday, April 24, 2007, at 12:00 Noon.

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