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 James 5:9: "Beloved, do not grumble against one another."

Let us pray. Gracious God, help us to recognize Your marvelous compassion and love. Open our hearts to welcome Your spirit's work in our relationships. Mend our actions so that they are pleasing and constructive in accomplishing the awesome tasks set before us. Guide us by Your acceptance of us as Your children. Bless and protect our Nation, President, State, Governor, Speaker, staff, and all who labor in these Halls of Government. Protect our defenders of freedom as they protect us. Heal the wounds of our brave warriors, those seen and those unseen. Hear us, O Lord. Amen.

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

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

Rep. SKELTON moved that when the House adjourns, it adjourn in memory of Charles Roy Collins of Central, which was agreed to.

The following was received:

Memorandum To:     Clerk of the House

Clerk of the Senate
Re:   Committee Hearings

January 19, 26, and February 3, 2011

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

The Citadel

One seat, at-large

Mr. Walter H. Cartin

Mr. Tee Hooper, Jr.

Coastal Carolina University

Six congressional districts and two at-large

1st District, Seat 1             Ms. Natasha M. Hanna

2nd District, Seat 3             Dr. Oran P. Smith

3rd District, Seat 5             Mr. William S. Biggs

4th District, Seat 7             Mr. Charles J. Hodge

Mr. Will Turner

5th District, Seat 9             Dr. Samuel J. Swad

6th District, Seat 11             Mr. Gary W. Brown

At-Large, Seat 13             Mr. Eugene C. Spivey

At-Large, Seat 15             Mr. Daniel W. R. Moore, Sr.

South Carolina State University

Three congressional districts

1st District, Seat 1             Dr. E. Gail Joyner-Fleming

2nd District, Seat 2             Mr. Anthony Grant

Dr. Dennis Nielsen

Mr. Marlon Thomas

4th District, Seat 4             Ms. Kathy E. Bell

Dr. John H. Corbitt

Wil Lou Gray Opportunity School

Three seats, at-large             Dr. Earle Bennett

Ms. Sandra Dooley-Parker

Ms. Inease P. Williamson

Winthrop University

One seat, at-large               Dr. Sue Smith-Rex

Respectfully submitted,
Sen. Jake Knotts, Chairman   Rep. Joan Brady, Vice-Chairman
Senator Thomas Alexander   Rep. George Hearn
Senator Harvey Peeler, Jr.   Rep. David Mack
Senator Yancey McGill   Rep. Bill Whitmire

The meeting was conducted on Wednesday, January 19th, 2011 at the Gressette Building, Room 307, Columbia, South Carolina, before Laura S. DeCillis, Court Reporter and Notary Public in and for the State of South Carolina.

APPEARANCES:
Senator Jake Knotts, Chairman
Representative Joan Brady, Vice Chairman
Senator Yancey McGill
Senator Harvey Peeler, Jr.
Senator Thomas Alexander.
Representative George Hearn
Representative David Mack

Also present: Sophia Derrick

CANDIDATES:

The Citadel
One seat, at-large               Mr. Walter H. Cartin

Mr. Tee Hooper, Jr.
Coastal Carolina University
1st District, Seat 1               Mrs. Natasha M. Hanna
At-large, Seat 13                 Mr. Eugene C. Spivey
Winthrop University
One seat, at-large               Dr. Sue Smith-Rex

VICE-CHAIR BRADY: Good morning. We're going to go ahead and start our screening meeting this morning while we're waiting on our Chairman, Senator Knotts. I'd like to welcome everybody and thank you for being here this morning.
I'd like to introduce our members of our Committee. We have Senator McGill, Senator Peeler and Senator Alexander. And then to my left, we have Representative Mack and Representative Hearn, and I am Representative Joan Brady, Vice-Chairman of the Screening Committee.
Today, we're going to ask you to come forward and to answer some very brief questions. And I think brevity is probably the key word for everyone concerned. Certainly, we want to learn about you and we do have your resumes in front of us so we do have the information. So I would suggest, you know, coming up, introducing yourself and certainly making your remarks and things that you feel are important, but just so we can keep things moving along, we would appreciate it if you would keep your remarks shorter as well.
(Chairman Knotts enters Committee Room)
CHAIRMAN KNOTTS: I'm sorry I'm late, people. Okay. All the candidates will please stand.
Do you solemnly swear to tell the truth, the whole truth and nothing but the truth, so help you God?
(Candidates respond)
CHAIRMAN KNOTTS: Okay. Thank you. Have a seat.
MS. DERRICK: Alright. Our first candidate for the Citadel, we have at-large seat one, Mr. Walter Cartin. Do you go by Walt?
MR. CARTIN: Yes, ma'am, I do.
MS. DERRICK: Okay. I'm just going to ask you a few basic questions. I think you've seen these already.
MR. CARTIN: Absolutely.
MS. DERRICK: Do you have any interests, professionally or personally, that would present a conflict of interest because of your service on the Board?
MR. CARTIN: No, ma'am.
MS. DERRICK: Do you now hold any public position of honor or trust that, if elected, would cause you to violate the Dual Office Holding of the Constitution?
MR. CARTIN: I do not.
MS. DERRICK: If your seat is determined by Congressional District or Judicial Circuit, do you reside at the address on your driver's license, voter registration, and property tax statement?
MR. CARTIN: It's an at-large seat, but I do reside where it indicates.
MS. DERRICK: Okay. Do you understand that you are prohibited from seeking a commitment until 48 hours after the release of the Committee's report?
MR. CARTIN: I do.
MS. DERRICK: Thank you.
CHAIRMAN KNOTTS: Okay. I asked staff to give us a report on the background. Any problems with the background you could tell us about with each, the SLED checks and the credit checks, and all of that nature has come back?
MS. DERRICK: The Committee has had the personal data questionnaire, the second page. Mr. Cartin has answered no to all of the questions regarding any offenses and he has passed the SLED background check.
CHAIRMAN KNOTTS: Okay. And you've completed the background check?
MS. DERRICK: Uh-huh.
CHAIRMAN KNOTTS: And the credit check?
MS. DERRICK: Uh-huh.
CHAIRMAN KNOTTS: Driver's check?
MS. DERRICK: Yes. Everything.
CHAIRMAN KNOTTS: Okay. Thank you. Alright. Do any members of the Board have any questions? I was going to ask him to tell us about his reasons why he wants to serve on the Board, so hold your questions until after we finish.
MR. CARTIN: Thank you, Mr. Chairman, members of the Committee. I have provided a more detailed statement in my statement of written testimony about my motivations for running. So in the interest of concision and in the interest of respecting the Committee's time, I will be brief.
I want to articulate the animating principle of my candidacy and that's this: I appreciate what the Citadel has done for me. The Citadel took a working class kid from rural North Carolina and taught him that regardless of your background, what your daddy's name is, where you're from, where you live, how much money you have, if you work hard enough at anything, if you lead others with principle and with dignity and with integrity, that there's nothing that you can't accomplish. And I think that is a mission that I want to be a part of instilling into the next generation.
There's no better way for me to be a part of that, to ensure that it is properly done, than to help lead the next generation by serving on the Board of Visitors at the Citadel. Again, my candidacy is about appreciation for what's been done for me and what I would like to do for others. Thank you.
CHAIRMAN KNOTTS: Any questions from any of the members?
SENATOR MCGILL: Mr. Chairman, I'd like to ask briefly two things. First, there's been this major debate about tuition at all the universities and colleges where some are raising it extremely high and some are holding it low. The thing is, that's going to be an issue if you're elected to the Board of Visitors at the Citadel, and any person that's in here that's attended a college or university.
But that will be a major issue because I can tell you, with all these budget issues that are going on, the first thing we realize, you cannot tax your way or borrow your way out of debt. It just doesn't work. And the thing is, is it's causing a lot of heartburn when three or four or five institutions in this State carry that tuition up in a big way, so keep that in mind and we're sharing that with you. We want you to know that when you're sitting on this Board, whoever is elected. That's number one, most important.
The second thing, at the Citadel, it's become an issue over the years about the geographics. In talking with Senator O'Dell and Jim Harrison in the House, and then also the Board of Visitors and the President and many others, is geographically that's an issue, that should all the Visitors be out of Charleston, should they all be out of Columbia, should they all be out of Greenville. And the answer to that is, no, that we should make sure that we give everybody a little bit of representation across the State. And they've even talked about the potential in the House about coming where they would have Board of Visitors elected from each congressional district or some other type potential.
So I just raise this more of a point of issue for both of you because the geographics issue is a major issue in the General Assembly and it's a major issue with a lot of the Citadel alumnus saying, we want to make sure our region of the State is represented as well. And I think, too, Chairman Peeler, that would finance -- we understand it, that there's no question about it, that when you apply for money and you want to raise money for an institution and if everybody's jammed in one part, why would the other sections of Legislative numbers want to help that institution when they have no representation?
So that may be more of a, instead of a question, more of a several tote points that are big issues with Chairman Leatherman and Chairman Cooper. And I know Vice Chairman of Senate Finance, Harvey Peeler, it's a big issue.
MR. CARTIN: May I respond to that?
SENATOR MCGILL: Briefly.
MR. CARTIN: Tuition. You're looking at a guy who just graduated from law school with $50,000 worth of debt. Now, that's just tuition, books, and flat out just what it took to actually get that degree. So I know every dollar we raise tuition is something you're saddling on the back. I mean, this is an important generational issue.
We talk about geographic representation. I think the more important things is generational representation. And I've articulated some of those points there. Me being closer to the age of our graduating cadets, I understand that you don't want to start your life saddled with a tremendous amount of debt. I was an out-of-state cadet which had an astronomical figure attached to the end of it. I was lucky to have a Daniel Fund Scholarship and things like that. But as a Board member, I would be very mindful of the fact that we are putting another brick in the backpack of those folks as they start their journey through life.
As far as the geographics go, Senator McGill, I think that's an excellent point. I would like to think that the position would be elected based on the merits of who the different members of the General Assembly believe would do the best job, rather than some arbitrary statistic like where I'm from or anything like that. But I understand it is a very real, practical consideration.
But I would positive that the more appropriate fix would be to perhaps amend the way the seats are elected to go to a congressional district or some variation thereof, rather than just pell mell saying that we're going to prefer one candidate based on an address over another. Thank you.
CHAIRMAN KNOTTS: Any other member?
VICE-CHAIR BRADY: And I did notice that you did outline several things, obviously your age, being younger. But what do you think the relevancy is in terms of the fact that you did serve in the war on terror, and then also that you were actually a cadet when the female cadets were members. Does that have a relevancy or how do you think that makes you a unique candidate?
MR. CARTIN: I think it's absolutely relevant, Madam Vice-Chair. The first point being on the war on terror, the Citadel, aside from the federally-funded military academies, puts out more second lieutenants than any other institution in this Country.
Now, we have a duty to train those people. The life of our public depends on how well we train those folks. Now, I have been to the wars in Afghanistan. I know that a sloppy cadet makes a sloppy soldier. When a full third of our folks are going to serve in the military, we have a duty to make sure that we are providing appropriate oversight into how those cadets are trained.
So, to me, if I see a sloppy cadet on campus, it's not just a disciplinary violation. That's a soldier who could be killed on the battlefield if that person chooses to take a commission in the United States Army or other branch in the military.
As far as the female issue, I think it cannot be understated that the integration issues with bringing females in the corps cadet are not over. I was a cadre sergeant. I trained female cadets. I know the challenges and how you can provide a strict military environment while also respecting that there are gender differences, there are physical differences and things like that that materially change the way we train our cadets. And I think I bring an important insight having actually done it. This is not some abstract thought process for me where I'd have to conjure up what it might be like to have trained a female cadet in the military environment. I have done it and I am uniquely aware of the different challenges that face them.
CHAIRMAN KNOTTS: Any further questions from the membership?
(No response)
CHAIRMAN KNOTTS: Thank you for being with us.
SENATOR PEELER: I move for a favorable report.
VICE-CHAIR BRADY: Second.
CHAIRMAN KNOTTS: I have a favorable report by Senator Peeler, and a second. Any discussion?
(No response)
CHAIRMAN KNOTTS: All in favor, say "Aye".
(Response)
CHAIRMAN KNOTTS: All opposed?
(No response)
CHAIRMAN KNOTTS: Let it be noted, unanimous.
MR. CARTIN: Thank you, Mr. Chairman.
MS. DERRICK: The next candidate is Mr. Tee Hooper, Jr. Do you have any interests, professionally or personally, that would present a conflict of interest because of your service on the Board?
MR. HOOPER: No.
MS. DERRICK: Do you now hold any public position of honor or trust that, if elected, would cause you to violate the Dual Office Holding Clause of the Constitution?
MR. HOOPER: No.
MS. DERRICK: Your seat is at-large, so I'll skip the third question. Do you understand that you are prohibited from seeking a commitment until 48 hours after the release of the Committee's report?
MR. HOOPER: I do.
MS. DERRICK: Thank you.
CHAIRMAN KNOTTS: Mr. Hooper, tell us why you want to be on the Citadel Board.
MR. HOOPER: Well, I love the school. I love what the school meant to me. I have similar feelings about it that Walt does. I think I owe a lot to what I've been able to accomplish because of my education at the Citadel.
I think that I can contribute. I have a varied business background, I've had state government responsibilities. And so I think, not only do I care about the school and what it stands for, I believe that I can contribute based on my background and experience in other avenues. And I do believe that there are challenges at the Citadel, as well as there are at other universities, and budget challenges, things that I do deal with on a daily basis in the businesses that I'm involved in.
CHAIRMAN KNOTTS: Okay. Any questions from any members of the Committee?
SENATOR MCGILL: Tell us a little bit about that tuition issue and how you feel about the geographics of the State.
MR. HOOPER: Well, I think all organizations, whether educational, government or business, there's two sides of the equation. One is the revenue side, which is the tuition in addition to state funds, the other is the expense side. So I think that you have a responsibility and it should be the responsibility of the Board members and the leadership of the school to make sure they're addressing the expense side of the budget as well, so they can keep the revenue needs as low as possible.
But I think just addressing the tuition side, the revenue side, with limited state funds and limited funds that you can raise from tuition, I don't think you can just not address the expense side. So I think it is a tough time, as Walt mentioned. It is a costly experience to go to college now. And so I think we have a responsibility as members of the Board to make sure that we are doing everything we can to keep our cost in line so that we can keep tuition as low as possible.
On the geographic issue, I strongly believe -- I have no issues with the geographic representation. I do hope that if there's any changes made, either if it stays the way it is or if it does change to a geographic representation, I hope that there's a real effort to attract quality candidates.
I think schools like the Citadel and other universities need quality people who are willing to step up and participate and do so for the right reasons, meaning that they care about the school that they're wanting to be on the Board for and that they care about the citizens who are paying some of the funds that are going to educate the kids that go there.
SENATOR MCGILL: Mr. Chairman?
CHAIRMAN KNOTTS: Senator?
SENATOR MCGILL: The thing is for a point, too, for this Committee to understand, the Citadel raised its tuition probably to the second or the third largest this past year. I think the College of Charleston was number one. But over like from 2005 to present, there was a study done and in that study, you had some of the universities and colleges that raised the difference in tuition above and beyond everybody else by a percentage. Some had raised as high as 45 million dollars in that term period above where the average was as they were going in the past.
The Citadel was somewhere in the neighborhood of about seven and a-half million for a smaller enrollment. But, also, we understand still that I think what the Citadel did is like a lot of colleges, is they waited and they waited and they waited and, finally, they couldn't wait any longer because they needed the funds to do it, and they raised it to a higher level. And, of course, they came in and they met with members of the Finance Committee or leadership of the Finance Committee and I think they understand they've got to be sensitive in the future with these increases.
SENATOR KNOTTS: Thank you. Any questions from any other members? Let me ask you along the same lines, in-state/out-of-state student enrollment at the Citadel, what is your position on that? How do you think we ought to equalize it out or look at it in the future?
MR. HOOPER: Are you talking about in terms of the cost, the tuition cost?
CHAIRMAN KNOTTS: The cost of tuition.
MR. HOOPER: Well, I think it's appropriate for there to be a difference between in-state/out-of-state students in terms of the cost. I, personally, believe that out of state students should have some representation on the Board. There's no position for out-of-state representation, even though over 50 percent of the students there come from out-of-state. But I think it's appropriate to have a difference in the tuition.
CHAIRMAN KNOTTS: How would you achieve that out-of-state representation on the Board?
MR. HOOPER: I really don't know. I think it would -- I'm going to just toss something out without giving much thought to how it would work. Maybe at least one seat on the Board would be available to someone from out of state because they don't have any representation on the Board. All the Board members are representatives, I mean, come from the State of South Carolina.
CHAIRMAN KNOTTS: But you do realize we have people who graduate from the Citadel who remained in South Carolina that were out-of-state students that do run for that position. Do you not feel that that would be adequate representation?
MR. HOOPER: Well, it may be adequate representation. It is not a big deal to me. I do hear a lot of comments from students who grew up in South Carolina and who went to school here at the Citadel, and now they live outside the state and they feel like that they don't have a voice. It's not a huge deal, but I think it's something definitely to consider.
CHAIRMAN KNOTTS: Okay. Any further questions?
SENATOR ALEXANDER: Mr. Chairman?
CHAIRMAN KNOTTS: Yes, sir?
SENATOR ALEXANDER: For the record, were you a South Carolina resident when you became a student at the Citadel?
MR. HOOPER: I was.
SENATOR ALEXANDER: Okay. You were born in Knoxville?
MR. HOOPER: I was born in Knoxville, I moved here in junior high. I went to high school in Greenville and have lived here, other than my service, three-and-a-half years in the military, I've been in Greenville.
SENATOR ALEXANDER: Thank you.
SENATOR PEELER: Mr. Chairman, if there's no other questions, I move for a favorable report.
MR. HOOPER: Can I make one other comment that I should have made earlier?
MR. CHAIRMAN: Yes, sir.
MR. HOOPER: One of the unique things about the Citadel that I think is something to stay attuned to is the social equalization of the students at the school. There are no fraternities, there are no sororities. When you come in to the school, it doesn't make any difference whether you're black or white or yellow or female or male, you go into a company and you are treated the same. There's no--you know, regardless of how much money you have or where you grew up or what state you came from, what community, you're treated equally. And I think that's a very unique environment and I think it's something that needs to be upheld and continued.
So I think it's a great institution for social equalization. Everybody has the same equal chance there. Nobody really knows where anybody else came from.
CHAIRMAN KNOTTS: Do you insist on your motion?
SENATOR PEELER: Yes, sir.
CHAIRMAN KNOTTS: I have a motion by Senator Peeler for a favorable. And a second?
REPRESENTATIVE MACK: Second.
CHAIRMAN KNOTTS: And a second from Representative Mack. Any further discussion?
(No response)
CHAIRMAN KNOTTS: If there be no further discussion, we'll go to a vote. All in favor, raise your right hand.
All opposed?
(No response)
CHAIRMAN KNOTTS: Let it be known that you've been approved and that we'll advise everyone at the end of what your responsibilities are as of obtaining votes and stuff at the collusion. Okay. Thank you.
MR. HOOPER: Thank you.
SENATOR PEELER: Mr. Chairman, I have a ten o'clock Day Twelve Funding Committee I need to go to, so if you could excuse me, I'd like to leave my proxy with you.
CHAIRMAN KNOTTS: Okay.
SENATOR MCGILL: Mr. Chairman, let me as well state that I have a meeting that I've got to go to and I leave my proxy with you as well. It's a delight to see Gene McCaskell, a long-time friend, here with us this morning.
CHAIRMAN KNOTTS: Yes, sir. That's all for the Citadel? Okay. The Citadel members, both of you here, I want to advise you that you cannot seek, ask, or try to obtain any type of commitment before the Committee issues its report until 48 hours after the Committee issues its report.
We have had in the past some problems with that. Make sure that if anybody contacts any of the Senators or House members on your behalf, that they are not seeking any type of commitments for a vote for you. That can disqualify you.
MR. HOOPER: I understand. Thank you, very much. And when do you expect that it will be posted?
MS. DERRICK: The court reporter is allowed ten business days to prepare the report. And once it's published in the House and Senate journals and on the website, then you have to wait 48 hours. So we will let you know after it's published.
CHAIRMAN KNOTTS: We will let you know.
MR. HOOPER: Okay. Great.
CHAIRMAN KNOTTS: Okay. Next, we have Coastal--
MS. DERRICK: 1st District, Seat 1, Natasha Hanna.
CHAIRMAN KNOTTS: Good morning.
MS. DERRICK: And you are unopposed. Do you have any interests professionally or personally that would present a conflict of interest because of your service on the Board?
MS. HANNA: I do want everyone to know that, on occasion -- I am an attorney in Myrtle Beach and, on occasion, I do get a phone call on issues about Coastal. In the event that I do see a conflict of interest, I do not provide any legal advice or discuss any issues. So that's the only thing I'm aware of.
MS. DERRICK: Do you now hold any public position of honor or trust that, if elected, would cause you to violate the Dual Office Holding Clause of the Constitution?
MS. HANNA: No, ma'am.
MS. DERRICK: If your seat is determined by Congressional District, do you reside at the address on your driver's license, voter registration and property tax statement?
MS. HANNA: Yes, ma'am, I do.
MS. DERRICK: Do you understand that you are prohibited from seeking a commitment until 48 hours after the release of the Committee's report?
MS. HANNA: Yes, ma'am, I do.
CHAIRMAN KNOTTS: Okay. Tell us, Ms. Hanna, why you would like to serve on the Coastal--
MS. HANNA: I love Coastal Carolina University. I was first elected to the Board of Trustees two years ago when I ran for Clark Parker's vacated seat. And since that time, I have dove straight into our job as Board of Trustee members. And I'm very excited about what Coastal is doing.
We are in an extreme time right now with budget cuts, and I know that Coastal is facing those issues as well as our State and our Country. And instead of sitting back and whining and complaining that we don't have money, I'm very proud to say that our Board is coming up with creative solutions to help our Legislature with those funding issues and I want to be a part of that. I see problems that we have, even though everybody is saying that it's gloomy right now, I see sunshine, I really do. I see a bright hope for our students, for the things that we're doing at Coastal and I want to continue to remain a part of resolving those issues.
CHAIRMAN KNOTTS: Any questions from any of the members?
SENATOR ALEXANDER: Mr. Chairman?
CHAIRMAN KNOTTS: Yes, sir?
SENATOR ALEXANDER: I hear what you're saying about the budget situation there. Are you aware of how much Coastal has received as a result of the penny local option sales tax in Horry County?
MS. HANNA: Honestly, I do not know the monetary amount. But, to me, that was a--
SENATOR ALEXANDER: Significant?
MS. HANNA: It has been a significant amount because that is the money that is designated to actually build our buildings. In other words, when we get a building on campus, we don't come to the Legislature for the money. It comes from that penny sales tax, because that's one of the creative solutions that Coastal has come up with to satisfy our growth needs.
SENATOR ALEXANDER: So you're actually not feeling the impact that other institutions are feeling throughout the State as a result of that penny sales tax?
MS. HANNA: We are feeling the impact, but--
SENATOR ALEXANDER: But not to the extent the other universities do?
MS. HANNA: I can't say that because Coastal has the least amount of funding. When you look at our rate as the amount of money that we're supposed to get, Coastal is on the bottom as far as the money that we need to fill our obligations. So we're feeling the impact equally, but we came up with a better solution to help us expand on our growth.
SENATOR ALEXANDER: Thank you.
REPRESENTATIVE HEARN: Mr. Chairman, if I can simply note, I had the privilege of being Ms. Hanna's law partner for many years. We are no longer in partnership together and this is an uncontested seat, but she is an excellent lawyer and I didn't want the Committee not to be aware of my personal affiliation and closeness to her.
CHAIRMAN KNOTTS: Okay. Thank you. Thank you, Ms. Hanna. Do I have a motion?
SENATOR ALEXANDER: You do, Mr. Chairman.
VICE-CHAIR BRADY: Second.
CHAIRMAN KNOTTS: I have a motion and a second. Any discussion?
(No response)
CHAIRMAN KNOTTS: There will be no discussion. All in favor, say "Aye".
(Response)
CHAIRMAN KNOTTS: All opposed?
(No response)
CHAIRMAN KNOTTS: Let the record reflect that I had the proxies for Senator Peeler and Senator McGill and that they both vote in favor. Thank you for your service.
MS. HANNA: Thank you, very much.
MS. DERRICK: At-large seat 13, Mr. Eugene Spivey. Do you have any interests professionally or personally that would present a conflict of interest because of your service on the Board?
MR. SPIVEY: No, ma'am.
MS. DERRICK: Do you now hold any public position of honor or trust that, if elected, would cause you to violate the Dual Office Holding Clause of the Constitution?
MR. SPIVEY: No, ma'am.
MS. DERRICK: If your seat is determined by Congressional District or Judicial Circuit, do you reside at the address on your driver's license, voter registration and property tax statement?
MR. SPIVEY: It is at-large, and I do live there.
MS. DERRICK: Do you understand that you are prohibited from seeking a commitment until 48 hours after the release of the Committee's report?
MR. SPIVEY: Yes, ma'am.
MS. DERRICK: Thank you.
CHAIRMAN KNOTTS: Okay. Give us a SLED check and credit check, please, on him. Did you come up with anything?
MS. DERRICK: A SLED background check was completed and there were no criminal or civil charges against the candidate.
CHAIRMAN KNOTTS: How about the credit?
MS. DERRICK: There wasn't a credit check.
CHAIRMAN KNOTTS: There was no credit check?
MS. DERRICK: Uh-uh.
CHAIRMAN KNOTTS: Alright. I want to make sure that the Board, that we pull a credit check on all candidates, okay?
MS. DERRICK: Okay.
CHAIRMAN KNOTTS: An actual credit check from a credit bureau.
MS. DERRICK: Okay.
CHAIRMAN KNOTTS: And let us know if there's any problems.
MS. DERRICK: Okay.
CHAIRMAN KNOTTS: Okay. I'm going to ask you, since there was no credit check, is there any credit problems on your credit history?
MR. SPIVEY: None that I'm aware of, Senator.
CHAIRMAN KNOTTS: Alright. Tell us why you want to serve on the Board.
MR. SPIVEY: My name is Gene Spivey. I am a graduate of Coastal, I live in the Myrtle Beach area. I'm a huge fan of Coastal. I support Coastal physically, emotionally and, when I can, financially.
I'm a graduate of the Wall School of Business down there and I live in the Myrtle Beach area, like I said, and run a few small businesses. And I think business people and a lot of us that do have to, in these tough times have to meet budgets and are having some shortfalls in other areas, it's a good perspective to have on a Board. And I think we, as a Board, have done a great job of trying to hold down tuition, hold down costs.
Senator Alexander alluded to our penny sales tax a minute ago. That has been a good vehicle for us to catch up on some building needs. We've lagged behind for a number of years and that, as Natasha said, is one of the more creative things we've done in the last couple years, to try and address some of our physical plant needs in some buildings, sticks and bricks and all that kind of stuff.
CHAIRMAN KNOTTS: Okay. Any questions from any of the members?
(No response)
CHAIRMAN KNOTTS: Okay. Do I have a motion?
SENATOR HEARN: I so move.
VICE-CHAIR BRADY: I second.
CHAIRMAN KNOTTS: I have a motion to move by Representative Hearn and it's seconded by Representative Brady for a favorable report. Any discussion?
(No response)
CHAIRMAN KNOTTS: All in favor, say "Aye".
(Response)
CHAIRMAN KNOTTS: All opposed?
(No response)
CHAIRMAN KNOTTS: Let the record reflect that Senator McGill and Senator Peeler also vote on the affirmative side. Thank you for your service, sir.
MR. SPIVEY: Thank you, Senator.
CHAIRMAN KNOTTS: And is he unopposed?
MS. DERRICK: He is unopposed.
CHAIRMAN KNOTTS: Unopposed. Okay. Thank you. You all can go.
MS. DERRICK: Winthrop University, one seat at-large, Dr. Sue Smith-Rex. Do you have any interests professionally or personally that would present a conflict of interest because of your service on the Board?
MS. SMITH-REX: I do not.
MS. DERRICK: Do you now hold any public position of honor or trust that, if elected, would cause you to violate the Dual Office Holding Clause of the Constitution?
MS. SMITH-REX: No.
MS. DERRICK: And your seat is at-large so I will skip the third question. Do you understand that you are prohibited from seeking a commitment until 48 hours after the release of the Committee's report?
MS. SMITH-REX: I do.
MS. DERRICK: Thank you.
CHAIRMAN KNOTTS: Okay. There was no credit history run on you. Are there any problems with your credit that you foresee?
MS. SMITH-REX: No. I don't foresee any problems, no.
CHAIRMAN KNOTTS: Okay. Thank you. Tell us why you want to serve.
MS. SMITH-REX: Thank you. I am finishing up my first six-year term on the Winthrop University Board. I was a professor at Winthrop for 23 years and retired in 2002 after 30 years in education and then ran for this Board seat in 2005.
It's been an honor to be on the Board this past six years. And our Board does a good job of moving members of the Board around to different Committees so that you get a chance to learn a little bit about all facets of how to run the university. I've learned a lot during this six years.
Sometimes I think it takes a Board member a couple of years to really be effective and be able to contribute the way one should, and I feel like I've reached the point that I am a productive Board member and would love the opportunity for another six-year term.
I think Winthrop is in a real good position. I think it's a university that our State should be very, very proud of. I did not graduate from Winthrop. I moved here from Pennsylvania in 1979 and came here as a new hire at Winthrop University in 1979. My background is special education. That's what I taught during those years.
So, anyway, it's mostly that I feel like I would like to have another opportunity for six years to hopefully be an effective Board member.
CHAIRMAN KNOTTS: Okay. Any questions from any members of the Board? Representative Brady?
VICE-CHAIR BRADY: And what sort of unique perspective do you think that you bring as a former staff member at Winthrop to the Board?
MS. SMITH-REX: Thank you. I'm the only professor on the Board. Most of them are individuals who are in business. Many of them are alumnus of the university. So I think I bring a perspective of understanding some of the obstacles and some of the frustrations sometimes that professors would like to have discussed within Board meetings and look at some of the issues that may in some ways hinder them from reaching their productivity level.
I'm very interested in grant writing and seeking as much assistance that's out there to bring revenue in to our university. And I know from being on committees over the years with these professors how hard they work and how much support they do need in order for them to be able to bring the revenue in that the university can generate. So I think it's good to have somebody from the faculty represented on the Board.
CHAIRMAN KNOTTS: Tell us a little bit about the tuition at the college.
MS. SMITH-REX: This past year, Winthrop was very cognizant of the fact that they needed to hold their tuition down, and they did so at four-and-a-half percent. There have been years when it's been high and I guess that's a combination of need of more state support, need of more Federal money and grants that could possibly be sent to Winthrop through mostly grant writing.
But the Board is very cognizant of the message the Legislators are sending, that we must keep the tuition as low as possible. And Winthrop has been very proactive in furloughing the faculty and staff and doing as much as we can to keep the university at the level that we want it, as well as being able to, loud and clear, hear the Legislators are sending. So we discuss it all the time and we know that we must keep our tuition just as low as possible.
CHAIRMAN KNOTTS: Okay. Any other questions?
(No response)
CHAIRMAN KNOTTS: Do I have a motion?
REPRESENTATIVE HEARN: I so move.
REPRESENTATIVE MACK: Second.
CHAIRMAN KNOTTS: I have a motion by Representative Hearn, a second by Representative Mack for a favorable report. Any discussion?
(No response)
CHAIRMAN KNOTTS: If there's no discussion, we'll go into a vote. All in factor, raise your right hand. All opposed? Let it be known that Senator McGill and Senator Peeler voted in the affirmative by proxy. It's a unanimous vote.
Thank you for coming today and we appreciate your willingness to serve.
MS. SMITH-REX: Thank you. Thanks to all of you for your service.
(Adjourned at 10:22 a.m.)

The meeting was conducted on January 26, 2011, at 307 Gressette Building, Columbia, South Carolina, before Lisa F. Huffman, Court Reporter and Notary Public in and for the State of South Carolina.
APPEARANCES:
Senator Jake Knotts, Chairman
Representative Joan Brady, Vice Chairman
Senator Thomas Alexander
Senator Harvey Peeler, Jr.
Senator Yancey McGill
Representative George Hearn
Representative David Mack
Representative Bill Whitmire

Also Present: Sophia Derrick

CHAIRMAN KNOTTS: Tell us who you are and where you are representing.
REPRESENTATIVE WHITMIRE: Okay. I am Bill Whitmire. I'm starting my fifth term in the House of Representatives. I represent District 1 in Oconee County.
REPRESENTATIVE HEARN: I'm George Hearn. I'm starting my second two-year term. I represent District 105 which encompasses Loris and Conway.
VICE CHAIRMAN BRADY: Good morning. I'm Representative Joan Brady, Vice Chairman of the Committee. I apologize for being a few minutes late. I represent Richland County and I am starting my fourth term in the House of Representatives.
CHAIRMAN KNOTTS: Good morning. I'm Jake Knotts, representing Lexington Senate District 23. And my district is entirely in Lexington County. And I've been doing this since 2001. And prior to that, I was in the House until '94.
SENATOR ALEXANDER: Thomas Alexander, state Senator, District No. 1. All of Oconee and the Greater Clemson area, Pickens County.
SENATOR PEELER: Thank you, Mr. Chairman. I'm Harvey Peeler. I represent Senate District 14, all of Cherokee County and portions of Spartanburg, Union, and York Counties. I was elected in 1980. How far along is that? Someone asked me the other day, said, "How old are you, Harvey?" I said, "I just turned 60." And then they said, "When?" I said, "About two years ago." It's a pleasure to be here. Thank you.
SENATOR MCGILL: Mr. Chairman, Yancey McGill. I represent Florence and Horry/Georgetown and Williamsburg Counties. Been in the Senate 23 years -- 23rd of June.
CHAIRMAN KNOTTS: Okay. Thank you. At this time, we'll entertain a motion to go into Executive Session for about five minutes.
SENATOR PEELER: So moved.
SENATOR MCGILL: Second.
CHAIRMAN KNOTTS: Okay. We have a move and second on the agenda for a change.
VICE CHAIRMAN BRADY: Yes, Mr. Chairman, could we take up the Wil Lou Gray Opportunity School candidates first.
CHAIRMAN KNOTTS: I have a motion to take up the Wil Lou Gray first?
REPRESENTATIVE MACK: Second.
CHAIRMAN KNOTTS: All in favor say, "Aye".
COMMITTEE MEMBERS: Aye.
CHAIRMAN KNOTTS: Okay. At this time, we will call --
MS. DERRICK: We can swear them in together.
CHAIRMAN KNOTTS: Will the Wil Lou Gray Opportunity School people please stand? Okay. We'll just swear all of you in together. All candidates please stand and we'll wait on the other two to come back. If you would, raise your right hand, please.
(CANDIDATES COMPLY.)
Do you swear to tell the truth and the whole truth and nothing but the truth before this committee of questions asked upon you, so help you God?
THE CANDIDATES: I do.
CHAIRMAN KNOTTS: Thank you. Okay. Alright. First person that we're going to be calling on Wil Lou Gray will be Dr. Earle Bennett. Dr. Bennett?
DR. BENNETT: Yes?
CHAIRMAN KNOTTS: Okay.
DR. BENNETT: Good morning.
CHAIRMAN KNOTTS: Good morning. How are you?
DR. BENNETT: I'm doing well.
CHAIRMAN KNOTTS: I appreciate you coming and appreciate your service. If you will --
DR. BENNETT: Would you prefer that I sit?
CHAIRMAN KNOTTS: Yes, ma'am. Make yourself comfortable. Make sure your little green light is on. Mash that. We're going to ask you -- the staff's going to ask you a few questions here to start with.
DR. BENNETT: Oh, I see.
CHAIRMAN KNOTTS: Answer the staff's questions.
MS. DERRICK: Do you have any interests professionally or personally, that would present a conflict of interest because of your service on the board?
DR. BENNETT: No, ma'am.
MS. DERRICK: Do you now hold any public position of honor or trust that, if elected, would cause you to violate the Dual Office Holding Clause of the Constitution?
DR. BENNETT: No, ma'am.
MS. DERRICK: And your seat is at-large, so I will skip the third question. Do you understand that you are prohibited from seeking a commitment until 48 hours after the release of the committee's report?
DR. BENNETT: Yes.
CHAIRMAN KNOTTS: Okay. Dr. Bennett, tell us why you would like to continue to serve on the Wil Lou Gray Opportunity School and how it's been since you've been there.
DR. BENNETT: Just a little background. I filled an unexpired term in '06 or the year prior to that. And so I was on a steep learning curve that year. And then I ran for a four-year term. So I have been working with Wil Lou Gray for five years.
And I'm learning, it seems, every day. I could go through a lot of numbers and statistics and the ups and downs and financial situation, but all of you probably already know all of that and know about Wil Lou Gray. I was born and raised in South Carolina. And all of my adult life was in public school education with 20 plus years in the classroom.
And the students that I taught at a career center, at one point in my life, many of those students were the types of students we would get or that I could see would go to Wil Lou Gray. And in working with them and seeing them every morning, and the looks on their faces like knowing that they were going to probably drop out, not knowing what they were going to do. When I retired from the State Department of Education, I had known about Wil Lou Gray for years. And I chose to see if there would be a place for me here on this Board. Because I was interested in the students.
To me, it's a last chance for a lot of kids. And the letters that we get, that I'm sure some of you have read from parents, grandparents on what it has meant to their kids, their students, their children to have had that opportunity. Letters from the students themselves. I was reading last night one of them who graduated in '91 from Wil Lou Gray. And he said at the time, it didn't -- he didn't reflect very much.
But he has gone on and has done very well and he realizes that Wil Lou Gray was putting him on the right track. Now 89 years, the school has been in existence. And even though our delivery of instruction has changed to keep up with technology and the way that we have to present education or present content to children -- to the students today. But the mission has never changed. And that is that we look for those students that are at-risk and give them one more chance. And like I say, I could go through the programs that have been started, the collaboration with Midlands Tech, the collaboration with Voc Rehab.
Just a lot of different based online instruction and so forth. But we have a tremendous staff. They are -- I've worked for a lot of folks over the years and I've never seen a staff that is dedicated as they are and work as hard as they do to keep Wil Lou Gray going because they believe so in this school. And I would certainly would appreciate your consideration to serve.
CHAIRMAN KNOTTS: Any members have a question? Okay. Do we have a motion?
REPRESENTATIVE WHITMIRE: I make the motion to accept Dr. Bennett's candidacy for the Wil Lou Gray.
CHAIRMAN KNOTTS: Do we have a second?
REPRESENTATIVE MACK: Second.
MS. DERRICK: We're going to go into Executive Session?
CHAIRMAN KNOTTS: Do we need to go into Executive Session?
REPRESENTATIVE WHITMIRE: Yes, sir. I was going to make that afterwards, that we need to go into Executive Session.
CHAIRMAN KNOTTS: Okay. Will you withdraw your first motion?
REPRESENTATIVE WHITMIRE: Yes, sir. I will.
CHAIRMAN KNOTTS: And make the motion to go into Executive Session?
REPRESENTATIVE WHITMIRE: Yes.
CHAIRMAN KNOTTS: At this time, we'll ask each and every one of you to go out again except for --
MS. DERRICK: Dr. Bennett.
CHAIRMAN KNOTTS: Okay. (To Dr. Bennett) You stay. Okay.
(Off the record, Executive Session)
CHAIRMAN KNOTTS: Alright. Dr. Oran Smith. We'll get you on record and you're unopposed. You've been screened before the committee before. If you would like to be very brief and just say a brief statement, that's fine. But I don't think the committee has any concerns.
DR. SMITH: Okay. Okay. Well I --
CHAIRMAN KNOTTS: Is that right, members of the committee?
COMMITTEE MEMBERS: Yes.
DR. SMITH: Well I thank you for the opportunity. I'm an original board member. When Coastal went independent in 1993, I was one of those original board members and I think I was 29 years old. I was the youngest trustee at the youngest university. It's been a pleasure serving on the Coastal board. And side bar if you've got any questions about Coastal I'd love to answer those for you.
My job at the university, is I'm a member of the Academic Affairs Committee, the Chair of the Academic Affairs Committee. And as a visual representation of how fast Coastal's growing, this is the 2011 promotion and tenure class. So each one of these is a professor that's coming up for promotion tenure. So that's an example of how fast we're growing.
We're growing with faculty. To try to keep up with the students that we have, we're adding new faculty and promoting them. This is a good class. We have a really solid academic reputation that we're building along with the reputation for being a good place to go and a good athletic place to be. So thank you for --
CHAIRMAN KNOTTS: How about tuition?
DR. SMITH: Tuition, we continue to struggle with, try to maintain it as low as possible. This year, Senator Leatherman provided us with a target of where he thought we needed to be. And we had already, at that time, fallen below that target. So we were very glad not to have to raise tuition any more than we did. But when the tough economy and the less appropriations we receive from the State, we try to make that up with tuition.
But we've also did cut relatively deeply with our expenses to try to keep expenses down. We came to do that.
CHAIRMAN KNOTTS: Okay.
DR. SMITH: Thank you, sir.
CHAIRMAN KNOTTS: Alright. Thank you. The next one will be Mr. William S. Biggs.
MR. BIGGS: Yes, sir.
CHAIRMAN KNOTTS: Mr. Biggs --
MS. DERRICK: He's on the list.
CHAIRMAN KNOTTS: You're unopposed and 3rd District, Seat 5. Would you, please, tell us briefly why you want to serve and what you can -- well what you feel would be your benefit in serving on the board.
MR. BIGGS: I've served for the past six years. It's been an honor and a privilege to do that, to represent our district. The more you are at Coastal, the more you understand the university and fall in love with it. In fact, this fall, if I have the honor of still serving as a trustee, I'll also become something else, I'll become a Coastal parent.
My daughter has been accepted. She was accepted at every college she applied for, thank goodness, but she chose Coastal. And we're very proud of that and I'll, you know, be a proud parent now of a Coastal student. And I just want to see the university move forward, to give our youth the opportunity that people gave us when we went to college. So that's where I would like to see us continue.
I chair the financial committee. And that was one of the things we put forth this year is looking for ways that the university could make, you know, not cuts, but savings, where we could reduce spending at any area to keep tuition down. And since I'm going to be paying tuition at Coastal, I do want to see tuition stay down as low as possible.
CHAIRMAN KNOTTS: Alright. Any members of the committee have any questions?
SENATOR PEELER: Mr. Chairman, I have a vested interest in Coastal, too, because I go to the beach a good bit and I have to pay that sales tax. How much money do y'all get? You said you're chairman of financial.
MR. BIGGS: Well that sales tax goes into the, you know, the Horry County education and we get a percentage of that, that is used, you know, for right now, you know, for buildings and growing things. I do not have the information in front of me. No. But we do appreciate your business, sir.
SENATOR PEELER: Whoever came up with that idea was a good idea for y'all. Every time I buy something to eat or drink at the beach, I say, "Well, I'm contributing to the Chanticleers now."
CHAIRMAN KNOTTS: Any others? Any other question?
SENATOR PEELER: Well in-state and out-of-state students -- what's the percentage of that?
MR. BIGGS: We do have a high population of out-of-state students. It, you know, a lot of the northern universities, it's cheaper for a student to come here as out-of-state than stay in-state there. But we looked and we have, you know, went to our admissions people. And we said, "You know, we need to focus on in-state students and giving them that opportunity." We are a state university.
We should focus on giving every opportunity to our in-state students before we look at out-of-state, but we do need the out-of-state students to meet our budget requirements.
CHAIRMAN KNOTTS: Yes, sir.
SENATOR ALEXANDER: Percentage-wise, do you have a guess? I mean, is it 50/50.
MR. BIGGS: It's about 52 percent out-of-state and 48 in-state.
SENATOR MCGILL: Mr. Chairman, their president, David DeCenzo, second to none. A wonderful president. Y'all doing a great job. You're fiscally accountable and we appreciate that.
MR. BIGGS: Thank you, sir.
CHAIRMAN KNOTTS: My grandson went to baseball camp down there, so y'all obviously got him interested in it, too. So he's in the 10th grade.
MR. BIGGS: You know, we've got some of the best baseball programs in the country here in South Carolina with really all of our universities. When you look at the fact we're a small state. Clemson, Carolina, Coastal, College of Charleston, Citadel has a great baseball program. We have some great players.
CHAIRMAN KNOTTS: Went to the world series, we were going to have one, we just didn't know which one and had to play each other so.
MR. BIGGS: That wasn't fair. I think we should have set up where both of us was there. But I don't think the NCAA wanted two South Carolina teams or three, really. Clemson would make four. That's true.
CHAIRMAN KNOTTS: Alright. Thank you. There any other questions? No. Okay. Thank you. Mr. Charles J. Hodge.
MS. DERRICK: We're going to skip them because they're opposed. The two of them.
CHAIRMAN KNOTTS: Alright. Excuse me. Dr. Samuel J. Swad.
MS. DERRICK: He's the one running late.
CHAIRMAN KNOTTS: Mr. Gary Brown.
MR. BROWN: Thank you.
CHAIRMAN KNOTTS: Mr. Brown, just briefly tell us why you want to serve and --
MR. BROWN: Okay. Thank you, sir. I'm just completing my first term at Coastal. Big things are happening there. You talked about a lot of them.
Our growth has been sustained ever since I've been there. When I started four years ago, we were just kicking off with our new president. We developed a new strategic plan. We're completing a new master plan that deals with how to handle the growth and meet the needs of our students and the community. So it's this very dynamic institution.
The growth is coming from in-state as well as out-of-state. Our rank, I think, in the eyes of the public is moving up pretty dramatically as our standards and our programs are moving up. It's not just sports that we're excelling, but some of these programs are pulling people from all over the country and outside of the country. The business school has been a prestige program from the beginning. Humanities is strong.
It's always been a cultural beacon in that area of the State. The College of Education produces almost all of the teachers in that corner of South Carolina, almost a vast majority of Horry County's teachers come out of Coastal. The Marine Science Program -- I don't know of any other university that has its own barrier island for a laboratory like we have at Waites Island. It's just across the marsh from Cherry Grove. So it's exciting being a part of big things that are going on.
And the board has been, I think, very proactive in dealing with this growth and the opportunities that have come to us. And it's been my pleasure to be a part of it. I look forward to the opportunity to continue.
CHAIRMAN KNOTTS: Any questions from any members?
COMMITTEE MEMBERS: (No response.)
CHAIRMAN KNOTTS: Hearing none. Okay. Thank you for your offer to serve.
MR. BROWN: Thank you.
CHAIRMAN KNOTTS: Dr. Daniel Moore.
MR. MOORE: Not a doctor, sir.
CHAIRMAN KNOTTS: Okay. Mr. Moore, tell us why you want to serve.
MR. MOORE: I've served currently since 2000 on the Board of Coastal. And prior to that, served on the Higher Education Commission for Horry County. And much prior to that, I was an instructor at Coastal. So I've been involved in Coastal many, many years. My father before me served on the Higher Education Commission for 25 years.
And I'm a native North Myrtle Beach. I love the institution. I love what we're doing. And as Senator McGill mentioned earlier, we have the most fantastic president that you can imagine. And he has really been a good leader.
And I want to continue that good service. I want to continue to bring to the institution resources outside the box, new things that we can do. We realize there's very troubling economic and austere times. I think the resources that we receive, not only from the institution, but our tuition packages, we keep a good economic fixture in front of us so we know where our dollars are going and how to spend them to get the most bang for our buck. And we produce top-notch graduates.
Notwithstanding our athletic programs, you got pro ball players out there that represent very well in all aspects of pro sports. I could go on and on, I guess. But retention has increased since I've been on the board. Graduation rates are greater. The SAT scores have been improved.
Academic buildings that we built. Many wonderful things going that are going on -- it's just a wonderful feeling to be part of it.
CHAIRMAN KNOTTS: Okay. Any members have any questions?
COMMITTEE MEMBERS: (No response.)
CHAIRMAN KNOTTS: Okay. Thank you, Mr. Moore, for   --
MR. MOORE: Thank you.
CHAIRMAN KNOTTS: -- You're willing to serve. Dr. Gail Joyner-Fleming. Ms. Fleming, briefly tell us why you want to serve the South Carolina State University.
DR. FLEMING: I am currently fulfilling the term of a board member who resigned. I've actually attended one board meeting. However --
CHAIRMAN KNOTTS: How long have you been serving?
DR. FLEMING: Since October 26th.
CHAIRMAN KNOTTS: Okay.
DR. FLEMING: However, I've worked at South Carolina State as a faculty member and an administrator for 35 years. I have a vested interest in the success of South Carolina State University. I think that the board has many responsibilities. They should hold the administration accountable for fiscal issues, for buildings, for academic issues, sports, fund-raising, for -- in the interests of the students. The students deserve to have South Carolina State University in the form that it was when I first started working there. It's a great institution. Some of the issues in the news have not been positive.
CHAIRMAN KNOTTS: What will you bring to the board?
DR. FLEMING: I bring --
CHAIRMAN KNOTTS: We know university's a great university. Just tell us what you're going to bring to the board.
DR. FLEMING: I bring my experience in academic affairs. I know accreditation. I know accreditation for SACS and know accreditation for education. I have served as a dean. I have an interest and a respect for the students and the faculty, because I have been a faculty member.
And I know that all of these entities at South Carolina State can work together for the good of the institution.
CHAIRMAN KNOTTS: Okay. Any member have any questions?
REPRESENTATIVE WHITMIRE: I've got one.
CHAIRMAN KNOTTS: Representative Whitmire.
REPRESENTATIVE WHITMIRE: When did you retire from SC State?
DR. FLEMING: I retired in 2009, December 2009.
REPRESENTATIVE WHITMIRE: Okay.
CHAIRMAN KNOTTS: Representative Brady.
VICE-CHAIRMAN BRADY: Okay. Thank you. Are there any former members of the staff or faculty, rather, that are members of the board that you know of?
DR. FLEMING: Jackie Epps was appointed as the governor's representative. So it's just the two of us. And might I say that being that I have experience in higher education, it makes a difference in knowing the layout of the institution. It gives you some background on what the issues are and the subjects that they're talking about. And sometimes, some board members might not have that.
VICE-CHAIRMAN BRADY: And may I ask what your relationship is with the faculty as a whole? I mean, I'm sure, you know, you're not -- that I think you're not best friends with everybody, but, I mean, are you well-received among the faculty?
DR. FLEMING: Oh, well I think I am. I still know some of them. And I supervised a few of them because I was a dean when I left. So I still have relationships with some of them. I know them.
VICE-CHAIRMAN BRADY: Thank you.
CHAIRMAN KNOTTS: Any other questions?
COMMITTEE MEMBERS: (No response.)
CHAIRMAN KNOTTS: Thank you for your willingness to serve.
SENATOR ALEXANDER: Mr. Chairman, I've got a meeting that's started next door at 11:00. I'd like to give you my proxy so that it may be recorded.
CHAIRMAN KNOTTS: Appreciate it. Okay. Ms. Parker. Ms. Parker, tell us why you want to continue to serve and what you hope to continue to bring to Wil Lou Gray.
MS. PARKER: I'm an attorney practicing for 22 years. And I understand the importance of education. I've got two daughters. One's a doctor. She's in her residency at the Mayo Clinic. The other one is a lawyer. Just graduated from USC Law School. I understand the importance of good education. My children had the opportunity. The kids that we see at Wil Lou Gray necessarily do not have the opportunity that a lot of children have these days. So these kids need a second chance. Dr. Gray, her vision was it's never too late to start learning. I'd like to continue and look at alternate ways to fund our programs. And it's going to be a challenge, but I think we're on the right track. And I'd like to continue to serve in that capacity.
CHAIRMAN KNOTTS: Anybody have a question?
REPRESENTATIVE WHITMIRE: Yeah, I've got one question.
CHAIRMAN KNOTTS: Yes, sir.
REPRESENTATIVE WHITMIRE: How many students do you serve at Wil Lou Gray?
MS. PARKER: So far, this year, we have over 200 enrolled for the duration of the year. Currently, we have right at 60. I think it's 58 students for this particular session.
REPRESENTATIVE WHITMIRE: What age?
MS. PARKER: 16 to 19. These are kids that dropped out of school because of truancy, dropped out from emotional reasons or got in trouble with the law. The majority of these kids do not have their GED. So it's a quasi-military school. We work with the Junior ROTC or some other military program.
We try to get the kids their GED and put them on the right track. There's counseling available, career counseling. Every board meeting we have, the cadets produce a video for us. And they show us what they have achieved. And it's amazing to see that these kids down their luck know that they get their GED and they start their job placement.
And watching these kids. And like Dr. Bennett said earlier, we've got letters written to us from people that went to Wil Lou Gray many, many years ago that are now a success story.
REPRESENTATIVE WHITMIRE: Well, being a former teacher working with some of these students, I want to thank you and the other members for willingness to serve.
MS. PARKER: Thank you. It's a great program. I hope to continue.
CHAIRMAN KNOTTS: Ms. Parker, I've just got one question right quick.
MS. PARKER: Okay.
CHAIRMAN KNOTTS: These children -- for the clarity for the committee -- these children are not sent there by the courts. They are sent there prior to getting involved into the courts as a last resort.
MS. PARKER: And they don't pay. They pay zero money. And that's very important. A lot of the schools will recommend Wil Lou Gray if they see the child going down the wrong path. There's pamphlets at all the schools saying that this is an alternative.
CHAIRMAN KNOTTS: Okay.
MS. PARKER: Thank you.
CHAIRMAN KNOTTS: Thank you. Okay. Ms. Inease Williamson.
MS. WILLIAMSON: You got it.
CHAIRMAN KNOTTS: Hello. Ms. Williamson, explain to us why you want to continue to serve.
MS. WILLIAMSON: Well I feel like I have -- will have had my first term of four years. A lot of that was a learning process as to how they operate what goes on. I feel like I will be more effective this -- in the future. I served Aiken County Board of Education for 17 years. My love has always been children.
God only saw fit to give me two. I worked very hard while on this Board of Education in Aiken County. And we started the first one for the county, an alternative school. It was very expensive. It still is expensive.
I would rather see a child at Wil Lou Gray than an alternative program in one of the schools. Usually when a child has a problem, it stems from the home. I just felt my love for children that it keeps you younger. I keep a 4-year old grandchild. That keeps you moving.
And I have thoroughly enjoyed my time at Wil Lou Gray. It's a wonderful staff. There are -- the other board members are so good to work with. Everybody has the same goal and that is to help the children of South Carolina.
CHAIRMAN KNOTTS: Okay.
MS. WILLIAMSON: I also need to sign for you the paper that you mailed out to check credit. My 4-year old played school with it. So where would I go to sign that?
CHAIRMAN KNOTTS: See staff.
MS. WILLIAMSON: Okay. I have good credit. I know there wouldn't be a problem. I got $800 off of my insurance having a good credit score so anyway.
CHAIRMAN KNOTTS: Thank you. Okay. All these people are unopposed members of the board. Do I have a motion for Dr. Oran Smith, William Biggs, Samuel Swad, Gary Brown --
MS. DERRICK: Mr. Swad is still not here.
CHAIRMAN KNOTTS: He's not here yet. Okay. We'll carry that one over. Daniel Moore, Dr. Gail Fleming, Earle Bennett, Sandra Parker, and Inease Williamson. Do I have a motion?
VICE-CHAIRMAN BRADY: So moved.
CHAIRMAN KNOTTS: I have a motion from Representative Brady. Do I have a second?
SENATOR MCGILL: Second.
CHAIRMAN KNOTTS: Okay. I have a motion and a second. Any discussion?
COMMITTEE MEMBERS: (No response.)
CHAIRMAN KNOTTS: All in favor, "Aye"?
COMMITTEE MEMBERS: Aye.
CHAIRMAN KNOTTS: Okay. All opposed? Okay. We have the unanimous and show that Senator Alexander voted in the affirmative. Okay.
Y'all are all free to leave that we just called the names of. We appreciate you coming and your willingness to serve. Want to advise you each and every one, you cannot seek any commitments or anything since you're unopposed, you're not going to be probably seeking any commitments. But don't call and ask for any commitments until after the report is finished. Because we can call you back if we have any further questions.
Okay? Thank you. Let's see. Remaining ones are in opposed seats. So Mr. Charles Hodge.
MR. HODGE: Thank you, Senator, Representatives.
CHAIRMAN KNOTTS: Mr. Hodge, remind you under oath still. Tell us briefly why you want to serve and what you bring to the table to Coastal Carolina for the seat that you're seeking.
MR. HODGE: I'd be happy to. If it would be acceptable, I've got some handouts that will kind of track my remarks with people. Would it be okay if I handed them?
CHAIRMAN KNOTTS: Yes.
MR. HODGE: This is my daughter, Maggie. She's in law school. She'll graduate in May. First, let me thank you for your service. I know it takes a drive back and forth from Columbia. And what you do is greatly appreciated.
Ten years ago, I had the amazing privilege of coming on the Coastal Carolina University Board of Trustees. In 2001, we had a total of 4,965 students. In the last ten years, our student population has nearly doubled and we're pushing 9,000 students. In 2001, there were 25 undergraduate and 3 graduate programs.
Now there are 40 undergraduate offerings and 6 graduate degrees available. We've improved gender equity. Where we were 42 percent male and 58 percent female, now we're almost 50/50. Minority enrollment in 2001 was only 4 percent. Now we're at 25 percent.
In 2001, Coastal received approximately 14 million dollars in state appropriations out of a total budget of 61 million. That represented 23 percent of our total budget. In 2011, we were scheduled, before any further cuts, to receive approximately 9 million dollars. And that only represents 6.2 percent of our entire budget. So despite drastic reductions in state support, Coastal was able to hold the line of tuition increases last year to one of the lowest in the State.
In athletics, we're ranked in the top 10 in baseball with multiple all-Americans. Our football program has won the big South Conference four times and made the national playoffs twice in only seven years of existence. Our track programs have perennial contenders with many all-Americans. We've got an Olympian, Amber Campbell. The golf team has been nationally ranked and produced PGA golfer, Dustin Johnson.
Currently the basketball program under previous coach of the year Cliff Ellis is 16 and 2. Now all of the above has occurred through the magnificent efforts of the administration, staff, teachers, coaches, students, and to some degree, board of trustee members. Through the past ten years, I've been honored to serve as Chairman of the Board, Chairman of the Athletic Committee, Chairman of the Coastal Housing Foundation, Chairman of the Athletic Director's Search Committee. And additionally, I served on the Capital Projects, Development and Alumni, Executive, Finance Planning and Facilities, Student Grounds, and several other committees. But despite the above, there's unfinished business.
And that is why I wish to serve another term. Five years ago, I was Chairman of the Board. It became apparent there was a downward trend in continuing state appropriations. At that time, we began looking at the "covered institution" concept. This is essentially an alternative approach for funding higher education.
Properly employed, it incentivises institutions of higher learning who accept less in state funding, resulting in millions of dollars saved by both the state and the institution. Now the model we've looked at -- and we met with the people at the University of Virginia. And we met with the president of William & Mary just this past year. In Virginia, their model was employed in 2005. And this is the way it works: three levels of autonomy are provided for higher education.
In Virginia, 11 statewide goals were established. Meeting a majority of all the goal -- for all the goals allows the institution to gain greater autonomy. And they include, among others, working with K-12, bridge programs, student access, affordability, retention time, and graduation, et cetera. If the institution does not aspire to a higher level or simply lacks resources to meet the goals, it remains as it currently exists and receives funding according to the dictates of the legislature. If Level 3 is achieved, the institution would have autonomy for capital projects, computer IT services, and procurement.
A contract will be entered into between the State and the institution setting forth the amount of agreed upon funding presumably a lesser amount that what is currently being provided. And the State will conduct a post-audit review to assure compliance with the contract. If the goals were met, another two-year contract would be entered and another post-audit review conducted. But if the institution was in compliance with the contractual obligations, it would then be deemed a permanent Level 2 or 3, depending on the goals reached. Now millions -- I stress this -- millions of dollars will be saved particularly in the area of capital improvements.
If the institution could react quickly to the marketplace and employ local contractors for an internal, but transparent bid process, not only would money be saved, but jobs would be created. We must think proactively. Coastal is poised to become the second largest university in South Carolina. We are investing in the future by dramatically increasing our infrastructure without saddling the South Carolina tax payers with debt. Coastal would be the perfect university to be deemed the greater institution of South Carolina.
When other schools set known limits on SAT's of 1200, for example, Clemson, we can and will take those 1180 students. The future's exciting. I desire to be a part of it. Continue to pursue excellence for not only Coastal, but South Carolina higher education as a whole. Thank you.
CHAIRMAN KNOTTS: Okay. Thank you. Any questions?
COMMITTEE MEMBERS: (No response.)
CHAIRMAN KNOTTS: There's no questions. Thank you for your willingness to serve. Mr. Will Turner.
MR. TURNER: Mr. Chairman.
CHAIRMAN KNOTTS: Thank you. Briefly tell us why you'd like to serve and what you would bring to the table.
MR. TURNER: Absolutely. Mr. Chairman, members of the committee, I want to take this first moment to thank you for the opportunity to be here today. My name is Will Turner. I'm a life-long South Carolinian and a current resident of Greenville County. And I'm very excited about this opportunity to serve my alma mater and the state that I love.
I was born in Spartanburg. But shortly after there, my family moved me down to Conway, where I spent the biggest part of my life. I've been in Greenville now for the last ten years. But prior to that, lived in Conway as well as Myrtle Beach. Growing up in Conway, I was fortunate to witness the major growth that Coastal Carolina has gone through in the last several decades.
From its modest beginnings to now, what many call the fastest growing institution of higher learning in South Carolina. In fact, I attended my first class at 12 years old at Coastal as a member of the education outreach program called Young People's College and was fortunate to study a little Computer Science and Marine Biology as a 7th grader at Coastal. My connection to Coastal runs deep. I graduated from Coastal in 1997 with a Bachelor of Science degree in Business Administration focusing on marketing. In addition to myself, my wife, brother, and brother-in-law are also Coastal Carolina alumni.
My family and I are committed to the success of Coastal Carolina and are presently putting together an endowed scholarship fund for business and/or science students at Coastal. My work experience, my professional experience spans over 20 years. I've spent time with my family's funeral business in Conway, serving the people of Conway and surrounding areas. I served also as marketing director of business development directing the South Carolina Credit Union industry for a number of years. I was also a career, professional fire fighter in the cities of Conway and Myrtle Beach.
So I know what it means to serve the citizens of this State. I'm presently employed with U. S. Food Service as their director of business and development for the east coast of South Carolina with major purchasing programs, and enjoying that. It's a lot of travel, but it's working very, very well. I've had the support of many of my professors and advisors over the years, to achieve the levels of success that I've seen thus far. Over the years, I've been actively supportive in following Coastal's progress and the challenges the institution faces.
Considering these current economic conditions that we live in, and the demands that are on our state budget. It's all the more important that the trustees of Coastal Carolina demonstrate serious stewardship with the resources entrusted to them by the citizens of this State. With over 8700 students, Coastal Carolina is a tremendous asset to South Carolina residents, not only in Horry County, but surrounding counties. And also, the entire state. Effectively managing these resources and providing an affordable top-quality education for South Carolinians is the prime mission of the Board of Trustees. And I'm eager for the opportunity to serve the people of our State in this capacity.
I'm extremely proud of my association with Coastal Carolina. I'm proud to call myself a Chanticleer and I'm honored to be considered for this opportunity to serve the State and the university that I love.
CHAIRMAN KNOTTS: Any question from any members?
COMMITTEE MEMBERS: (No response.)
CHAIRMAN KNOTTS: Thank you, sir. And appreciate your willingness to serve.
MR. TURNER: Thank you very much.
CHAIRMAN KNOTTS: Next is --
MS. DERRICK: SC State.
CHAIRMAN KNOTTS: May I have a motion on Mr. Charles Hodge and Mr. Will Turner?
REPRESENTATIVE WHITMIRE: So moved.
SENATOR PEELER: Second.
CHAIRMAN KNOTTS: I have a motion by Representative Whitmire. Second by Senator from Gaffney, Senator Peeler. Any discussion?
COMMITTEE MEMBERS: (No response.)
CHAIRMAN KNOTTS: No discussion. All in favor?
COMMITTEE MEMBERS: Aye.
CHAIRMAN KNOTTS: Thank you. And y'all may leave. Taking the next -- we have three more people left. Mr. Anthony Grant, Second District, Seat 2. Mr. Grant, briefly tell us -- we've got to try to get out of here pretty soon. Try to state very briefly, if you can, why you want to serve and what you bring to the table for South Carolina State University.
MR. GRANT: First of all thank you very much, Mr. Chairman. And thank you very much Members of the Committee. It's an honor and a pleasure to be here and to offer my candidacy for a seat on the Board of South Carolina State University. I am a 1982 graduate of South Carolina State University. I am also a former member of the Board of Trustees, former Chairman of the Board of Trustees at South Carolina State University.
My wife and I are very actively involved. I've been working out of Columbia. Born in Spartanburg, South Carolina. My wife and I have been very involved with education. I served as Chairman at South Carolina State.
She served as Chairman of the Board of Columbia College. And we've been -- I've been recognized by Governor Campbell as receiving the Order of the Palmetto for my service to this State. I am a banker by trade. I was an executive with the Bank of America; retired in 2001.
I ran commercial and corporate lending here in South Carolina, so I bring a wealth of experience in finance. I bring experience in operations, administrative experience, et cetera. I have corporate contacts for fund-raising opportunities. I believe I'm a voice of reason. I've managed huge budgets.
I've been on many acquisition teams when our bank has bought other banks. And so, I think I bring a lot of finance experience. I think -- and I have a son there at South Carolina State, who is a senior at South Carolina State University. So I'm honored to have come back to my alma mater. I hope I can help to resolve some of the challenges that happen to be out there in the marketplace, and having been on the board, I don't think if I was on the board it never would have got to this.
I understand construction financing and I understand how to get behind the numbers with working with -- that need to be resolved and resolved in a way that meets your satisfaction.
CHAIRMAN KNOTTS: Any questions from any members?
COMMITTEE MEMBERS: (No response.)
CHAIRMAN KNOTTS: Okay. Thank you, sir. Thank you, Mr. Grant. Dr. Dennis Nielsen. And we'd like to recognize Mrs. Nielsen again. Thank you for coming. Thank you for your service to the state, Mrs. Nielsen.
MS. NIELSEN: Thank you.
CHAIRMAN KNOTTS: Dr. Nielsen, briefly tell us why you would like to serve and what you can bring to help South Carolina State.
DR. NIELSEN: Thank you, sir, and Members of the Committee. As a former professor in education administration at South Carolina State University and I was also Director of the Office of Accountability for 1890, the research and extension. I have a working knowledge of both the academic part of the university and also the land-grant part of the university which are both very important and very vital to the mission of the university. With that, I bring an expertise and accountability. And an understanding again of academic programs.
I would like to say that after I left the university, I went to Strom Thurmond Institute where I did learn a lot of policy and acted as kind of a bridge between Clemson and their land grant portion and South Carolina State's land grant portion, which is very, very important. The other factor in my interests is I think we need to have some representation to South Carolina State University from the Low country below Charleston. We have a lot of students who attend the university. And we need representation over there.
CHAIRMAN KNOTTS: Any members have any questions of Mr. Nielsen?
COMMITTEE MEMBERS: (No response.)
CHAIRMAN KNOTTS: Having no question. Thank you, Mr. Nielsen for your willingness to serve.
DR. NIELSEN: Thank you, sir.
CHAIRMAN KNOTTS: Mr. Marion Thomas.
MS. DERRICK: Marlon.
CHAIRMAN KNOTTS: Marlon Thomas.
MR. THOMAS: Hello. How are you doing?
CHAIRMAN KNOTTS: Fine. How are you doing? Mr. Thomas, briefly tell us why you want to serve and what you can bring to the table to South Carolina State University.
MR. THOMAS: South Carolina State has profoundly impacted my life. Growing up as a fairly poor and disenfranchised child, South Carolina State has given me an opportunity to make something of my life. As a result of attending South Carolina State, I have earned three degrees. I've been a teacher, a school administrator, and I'm able to provide for my family, my wife and four children. I will forever be indebted to the university and would love to serve on the Board of Trustees.
What South Carolina State needs are committed people who desires for the university to be the best to represent South Carolina on to the fullest. And I feel that I can definitely add to the Board. And I love this university. It has made a world of difference in my life, and I would love to help out my university.
CHAIRMAN KNOTTS: Any question of any members?
COMMITTEE MEMBERS: (No response.)
CHAIRMAN KNOTTS: No questions. Thank you, Mr. Thomas, for your willingness to serve.
MR. THOMAS: Thank you, sir.
CHAIRMAN KNOTTS: Okay. We have just come in Dr. Samuel Swad. Mr. Swad, raise your right hand, please. Do you swear to tell the truth, the whole truth, and nothing but the truth, so help you God concerning your answers to this committee?
DR. SWAD: Yes, sir.
CHAIRMAN KNOTTS: Just have a seat, please. You are running for 5th District, Seat 9. Tell us why you would like to serve on the Board for Coastal Carolina.
DR. SWAD: I'm a graduate of Coastal Carolina University with a business degree and ended up going on to medical school, and ended up serving on the board. Been on the board for two terms. When I first tried that, I think the board was a little bit in disarray. Lot of background deals and partnerships. The big turning point, I think, is when we chose a new president. I was kind of the swing vote in that. Since we got the new president, the board, I think, has better oversight. Partly, because that's the way the president wants it, but also because we realize that's what we have to have. I think the finances are a little more open. Obvious, more responsive to the legislation. And, of course, we have to keep in mind that ours is a pretty broad constituency. The students, their parents, faculty, legislature, and the governor. And I think we've managed to make things more open. I'd like to continue on the board to kind of help direct that process.
CHAIRMAN KNOTTS: Any question from any members on the committee?
SENATOR PEELER: Mr. Chairman, he's my doctor and at the proper time, I'd like to move for favorable report.
CHAIRMAN KNOTTS: Well this is the proper time. Thank you for your willingness to serve. And do I have a motion?
SENATOR PEELER: So moved.
REPRESENTATIVE HEARN: Second.
CHAIRMAN KNOTTS: So moved by the Senator from Gaffney. And a second by Representative Hearn. Any discussion?
COMMITTEE MEMBERS: (No response.)
CHAIRMAN KNOTTS: No discussion. All in favor say, "Aye".
COMMITTEE MEMBERS: Aye.
CHAIRMAN KNOTTS: All opposed? Let it be known unanimous. Senator Alexander also votes in the affirmative. Okay. Thank you for your willingness, sir. Okay. All of you are that we just talked with are free to leave. Okay. We have one more.
REPRESENTATIVE WHITMIRE: Mr. Chairman, did we vote on South Carolina State a while ago or?
CHAIRMAN KNOTTS: We fixing to do that.
REPRESENTATIVE WHITMIRE: Okay. On 3rd -- on the 2nd District?
CHAIRMAN KNOTTS: We fixing to do that. Okay.
REPRESENTATIVE WHITMIRE: I'm sorry.
CHAIRMAN KNOTTS: South Carolina State 2nd District, Seat 2: Anthony Grant, Dennis Nielsen, and Marlon Thomas. Do I have a motion?
VICE-CHAIR BRADY: So moved.
CHAIRMAN KNOTTS: I have a motion by Representative Brady --
REPRESENTATIVE MACK: Second.
CHAIRMAN KNOTTS: -- for nomination. And second by Representative Mack. Any discussion?
COMMITTEE MEMBERS: (No response.)
CHAIRMAN KNOTTS: No discussion. All in favor, say "Aye".
COMMITTEE MEMBERS: Aye.
CHAIRMAN KNOTTS: All opposed. Let it be known that Senator Alexander also votes in the affirmative unanimous. Okay. You are free to leave. Do I have a motion for a seat for District 4 -- 4th District, Seat 4, Ms. Kathy Bell and Dr. John Corbitt. Do I have a motion to carry over?
VICE-CHAIRMAN BRADY: Mr. Chairman, I move to carry over the consideration of these candidates for District 4 to a date to be determined.
CHAIRMAN KNOTTS: And that date would be decided and given to all the committee members as notification of that?
VICE-CHAIRMAN BRADY: Right.
CHAIRMAN KNOTTS: Okay. Do I have a second?
SENATOR MCGILL: Second.
CHAIRMAN KNOTTS: It was motioned by Representative Brady to carry the 4th District, Seat 4 over. And at a later date, we will contact you and get with you on it at that time. All in favor, say, "Aye".
COMMITTEE MEMBERS: Aye.
CHAIRMAN KNOTTS: All opposed? Let it be known that Senator Alexander also votes in the affirmative unanimous.
(Adjourned at 11:35 a.m.)

The meeting was conducted on February 3, 2011, at The State House, Columbia, South Carolina, before Lisa F. Huffman, Court Reporter and Notary Public in and for the State of South Carolina.

Senator Jake Knotts, Chairman
Representative Joan Brady, Vice Chairman
Representative George Hearn
Representative David Mack

Also Present: Sophia Derrick

(Concerns were raised at the initial screening by   the Committee for Candidates for Boards of Trustees which were subsequently addressed to the committee's satisfaction in the meeting of the committee on Wednesday, February 3, 2011. The candidates addressed the concerns that were raised by the committee members to the satisfaction of the committee members and then they were unanimously voted out today.)

CHAIRMAN KNOTTS: Do I have a motion on Ms. Kathy Bell?
REPRESENTATIVE HEARN: I move. So moved.
VICE-CHAIRMAN BRADY: Second.
CHAIRMAN KNOTTS: So moved for affirmative report?
VICE-CHAIRMAN BRADY: Second.
CHAIRMAN KNOTTS: Okay. I have a motion and a second. Any discussion? Be no discussion. All in favor raise your right hand. And I have the proxy for Senator McGill and he votes in favor, also. Are there any proxies for the other members?
MS. DERRICK: Alexander had to run out. Did he leave a proxy with anybody?
CHAIRMAN KNOTTS: He did not.
VICE CHAIRMAN BRADY: Do we have a quorum though?
CHAIRMAN KNOTTS: Yeah. We got a quorum. Okay. Do I have a motion on the floor for Dr. John H. Corbitt?
REPRESENTATIVE MACK: So Moved.
CHAIRMAN KNOTTS: A motion. Do I have a second?
VICE-CHAIRMAN BRADY: Second.
CHAIRMAN KNOTTS: I have a second by Representative Brady. Okay. Any discussion? Be no discussion. All in favor, raise your right hand.
Let Senator McGill vote also in the affirmative. So therefore, both of them have been properly screened and will be included in the final report. Okay. The other thing I want to bring before you -- the other part of the things that needs to be discussed and we went into them last time.
I've had Jane Shuler who is over the judicial merit selection. And we went through her rules and she did some research for me at the request of Senator McConnell's office to find out why we have had to wait until April the first. It is not a law. It is in our guidelines and rules. And in order to do that, we need to reconsider our rule and see if we want to change it or not.
And I have had Jane type up the current rule. And it says when our election's held except in the case of an unexpired term, an election cannot be held before April 1st. Although the election may be held before April 1st to fill an unexpired term, a separate election is rarely held. A joint assembly of the House and Senate is scheduled by concurrent resolution. The election date may be no sooner than two weeks after the hearing date.
The joint assembly is usually held on a Wednesday at 12 noon. The proposed rule that I would like for y'all to consider is changing that to go along with basically how we do it in the judicial merit selection. It's the same identical thing. A joint assembly in which they would strike all that first part that I read and it would say, "A joint assembly of the House and Senate is scheduled by concurrent resolution. The election date may be no sooner than two weeks after the joint review committee has issued its final report of candidates for board of trustees, but no later than six weeks after the joint review committee is appointed as prescribed by 2-20-35. A joint assembly is usually held on Wednesday at 12 noon."
We would still do it on Wednesday at 12 noon. But after the report is issued on the candidates, then we can schedule by resolution a joint assembly. Does anybody have any questions or any problems with that or any concerns?
VICE-CHAIRMAN BRADY: That would be applicable for this election coming up?
CHAIRMAN KNOTTS: Right. And by doing this now, we would be able to go ahead and do a joint resolution and not have to wait until April the 1st. Usually April the 1st, we're in the middle of budgets. And this year, redistricting and all like that. And I wish we could have had it yesterday. You know, that would have been a perfect time to do it. So do I have a motion on the floor?
REPRESENTATIVE HEARN: So moved.
VICE-CHAIRMAN BRADY: Second.
CHAIRMAN KNOTTS: Any discussion first? Any concerns? Well now state yourself or forever hold your peace. Okay. Do I have motion on the floor?
REPRESENTATIVE HEARN: So moved.
CHAIRMAN KNOTTS: I have a motion by Representative Hearn. And second by Representative Brady to change our rules to include the proposed rule that I just read. Any discussion? Be no discussion. All in favor, raise your right hand? Let Senator McGill also be registered as agreeing with it. Okay. Any other business before the committee? Any concerns if we adjourn? Well I'll tell you one thing. We've plowed new fields. And we're going to sit back now with the ones that we have recommended and knowing that it's got around already to other perspective candidates. And this committee is no longer a rubber stamp committee.
VICE-CHAIRMAN BRADY: Pay your bills or don't apply.
CHAIRMAN KNOTTS: So thank y'all and do I have a motion to adjourn?
REPRESENTATIVE HEARN: So moved.
CHAIRMAN KNOTTS: Any other business before the committee? I have a motion to adjourn. Thank you.
(Adjourned at 11:50 a.m.)

Received as information.

The following was introduced:

H. 3596 (Word version) -- Rep. Hodges: A HOUSE RESOLUTION TO RECOGNIZE AND HONOR REVEREND IRVIN MIDDLETON, SR., OF BEAUFORT COUNTY, UPON THE OCCASION OF HIS RETIREMENT AS PASTOR OF FRIENDSHIP BAPTIST CHURCH, AFTER MORE THAN THIRTY YEARS OF FAITHFUL SERVICE TO HIS CONGREGATION AND HIS GOD.

The Resolution was adopted.

The following was introduced:

H. 3597 (Word version) -- Reps. Ballentine, Agnew, Alexander, Allen, Allison, Anderson, Anthony, Atwater, Bales, Bannister, Barfield, Battle, Bedingfield, Bikas, Bingham, Bowen, Bowers, Brady, Branham, Brannon, Brantley, G. A. Brown, H. B. Brown, R. L. Brown, Butler Garrick, Chumley, Clemmons, Clyburn, Cobb-Hunter, Cole, Cooper, Corbin, Crawford, Crosby, Daning, Delleney, Dillard, Edge, Erickson, Forrester, Frye, Funderburk, Gambrell, Gilliard, Govan, Hamilton, Hardwick, Harrell, Harrison, Hart, Hayes, Hearn, Henderson, Herbkersman, Hiott, Hixon, Hodges, Horne, Hosey, Howard, Huggins, Jefferson, King, Knight, Limehouse, Loftis, Long, Lowe, Lucas, Mack, McCoy, McEachern, McLeod, Merrill, Mitchell, D. C. Moss, V. S. Moss, Munnerlyn, Murphy, Nanney, J. H. Neal, J. M. Neal, Neilson, Norman, Ott, Owens, Parker, Parks, Patrick, Pinson, Pitts, Pope, Quinn, Rutherford, Ryan, Sabb, Sandifer, Sellers, Simrill, Skelton, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, Sottile, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Toole, Tribble, Umphlett, Vick, Viers, Weeks, Whipper, White, Whitmire, Williams, Willis and Young: A HOUSE RESOLUTION TO RECOGNIZE AND COMMEND CYNTHIA PRYOR HARDY OF RICHLAND COUNTY FOR HER OUTSTANDING COMMUNITY SERVICE TO THE PEOPLE OF SOUTH CAROLINA.

The Resolution was adopted.

The following was introduced:

H. 3598 (Word version) -- Rep. Pitts: A HOUSE RESOLUTION TO RECOGNIZE AND HONOR MICHAEL STODDARD MAHON OF LAURENS COUNTY ON THE OCCASION OF HIS RETIREMENT FROM THE LAURENS COUNTY SCHOOL DISTRICT 55 BOARD OF TRUSTEES, TO THANK HIM FOR HIS TEN YEARS OF DEDICATED SERVICE, AND TO WISH HIM MUCH HAPPINESS AND FULFILLMENT IN ALL HIS FUTURE ENDEAVORS.

The Resolution was adopted.

The following was introduced:

H. 3599 (Word version) -- Reps. Hosey and Sellers: A HOUSE RESOLUTION TO RECOGNIZE AND HONOR THE JEFFERSON DAVIS HIGH SCHOOL FOOTBALL TEAM FOR A SUCCESSFUL SEASON, AND TO CONGRATULATE THE PLAYERS AND THEIR COACHES FOR CAPTURING THE 2010 SOUTH CAROLINA INDEPENDENT SCHOOL ASSOCIATION EIGHT-MAN STATE CHAMPIONSHIP TITLE.

The Resolution was adopted.

The following was introduced:

H. 3600 (Word version) -- Reps. Hosey and Sellers: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE JEFFERSON DAVIS HIGH SCHOOL FOOTBALL TEAM, COACHES, AND SCHOOL OFFICIALS, AT A DATE AND TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF RECOGNIZING AND COMMENDING THEM FOR AN OUTSTANDING SEASON AND FOR GARNERING 2010 SOUTH CAROLINA INDEPENDENT SCHOOL ASSOCIATION EIGHT-MAN STATE CHAMPIONSHIP TITLE.

The Resolution was adopted.

The following was introduced:

H. 3601 (Word version) -- Rep. H. B. Brown: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF INTERSTATE HIGHWAY 77 FROM ITS INTERSECTION WITH FAIRFIELD/RICHLAND COUNTY LINE TO ITS INTERSECTION WITH THE FAIRFIELD/CHESTER COUNTY LINE "JOHN M. SPRATT, JR., FREEWAY" AND ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS PORTION OF HIGHWAY THAT CONTAIN THE WORDS "JOHN M. SPRATT, JR., FREEWAY".
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

The following was introduced:

H. 3602 (Word version) -- Reps. Gambrell and Agnew: A CONCURRENT RESOLUTION TO CONGRATULATE TIM KEOWN OF ANDERSON COUNTY ON BEING NAMED 2010 OUTSTANDING YOUNG AGRICULTURAL EDUCATOR IN SOUTH CAROLINA BY THE SOUTH CAROLINA ASSOCIATION OF AGRICULTURAL EDUCATORS.

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

The following was introduced:

H. 3603 (Word version) -- Reps. Dillard, Tribble, Brantley, Sottile, Neilson, Parker, J. H. Neal, Brady, Knight, Allison, Brannon, Forrester, Hixon, Hosey, Jefferson, King, Long, Mitchell and Ott: A CONCURRENT RESOLUTION TO DECLARE WEDNESDAY, FEBRUARY 16, 2011, AS "CITIES MEAN BUSINESS DAY" TO RECOGNIZE AND HONOR THE VALUABLE CONTRIBUTIONS SOUTH CAROLINA CITIES AND TOWNS MAKE TO THE ECONOMIC PROSPERITY OF SOUTH CAROLINA THROUGH THEIR RELATIONSHIP WITH LOCAL BUSINESSES.

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

The following was introduced:

H. 3604 (Word version) -- Rep. J. E. Smith: A CONCURRENT RESOLUTION TO ENCOURAGE THE SOUTH CAROLINA COUNCIL OF GOVERNMENTS TO ADOPT ORDINANCES INTENDED TO ENABLE THE RETROFITTING OF SHOPPING MALLS AND SHOPPING CENTERS INTO DENSE, WALKABLE, MIXED-USE TOWN CENTERS, AND TO ENCOURAGE OTHER MEASURES TO PROMOTE A HUMAN HABITAT THAT IS HOSPITABLE AND ACCESSIBLE TO MORE SOUTH CAROLINIANS WHILE LESSENING ENVIRONMENTAL IMPACTS ON THE STATE.
The Concurrent Resolution was ordered referred to the Committee on Labor, Commerce and Industry.

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

H. 3605 (Word version) -- Rep. Ryan: A BILL TO AMEND ACT 515 OF 1996, AS AMENDED, RELATING TO THE DEVOLUTION ON THE GOVERNING BODY OF GEORGETOWN COUNTY OF APPOINTMENT AND RECOMMENDATION FOR APPOINTMENT AUTHORITY OF VARIOUS GEORGETOWN COUNTY OFFICES FORMERLY HELD BY THE GEORGETOWN COUNTY LEGISLATIVE DELEGATION, SO AS TO ADD CERTAIN OTHER BOARDS, COMMISSIONS, AND ENTITIES TO THE LIST OF THOSE WHICH ARE SUBJECT TO THE ABOVE PROVISIONS; AND TO AMEND ACT 197 OF 1999, ACT 141 OF 2001, ACT 437 OF 2002, AND ACT 200 OF 2005, ALL RELATING TO THE APPOINTMENT AUTHORITY OF SPECIFIED GEORGETOWN COUNTY ENTITIES, SO AS TO CONFORM THEM TO THE REVISED PROVISIONS OF ACT 515 OF 1996.
Rep. RYAN asked unanimous consent to have the Bill placed on the Calendar without reference.
Rep. ANDERSON objected.
Referred to Georgetown Delegation

H. 3606 (Word version) -- Rep. Harrison: A BILL TO AMEND SECTION 22-5-110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATED TO MAGISTRATES' POWERS AND DUTIES REGARDING THE ISSUANCE OF ARREST WARRANTS AND COURTESY SUMMONS, SO AS TO PROVIDE THAT AN ARREST WARRANT MAY NOT BE ISSUED FOR THE ARREST OF A PERSON UNLESS SOUGHT BY A MEMBER OF A LAW ENFORCEMENT AGENCY ACTING IN THEIR OFFICIAL CAPACITY, TO PROVIDE THAT IF AN ARREST WARRANT IS SOUGHT BY SOMEONE OTHER THAN A LAW ENFORCEMENT OFFICER, THE COURT MUST ISSUE A COURTESY SUMMONS, AND TO PROVIDE FOR EXCEPTIONS UNDER CERTAIN CIRCUMSTANCES.
Referred to Committee on Judiciary

H. 3607 (Word version) -- Rep. Harrison: A BILL TO AMEND SECTION 22-5-190, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENDORSEMENT AND EXECUTION OF WARRANTS ISSUED IN OTHER COUNTIES OR BY MUNICIPAL AUTHORITIES, SO AS TO PROVIDE A WARRANT IS NOT REQUIRED TO BE ENDORSED BY A MAGISTRATE IN THE COUNTY WHERE A PERSON CHARGED WITH A CRIME RESIDES OR WHERE HE IS LOCATED, TO PROVIDE PROCEDURES FOR SERVING A WARRANT, AND TO MAKE CONFORMING CHANGES.
Referred to Committee on Judiciary

H. 3608 (Word version) -- Rep. Toole: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 39-5-32 SO AS TO MAKE IT AN UNFAIR TRADE PRACTICE TO ADVERTISE A PRICE FOR A PRODUCT THAT REFLECTS A DISCOUNT REQUIRING A BUYER TO SUBMIT A COUPON TO THE MANUFACTURER FOR A CASH REBATE IN ORDER TO OBTAIN THE ADVERTISED PRICE, AND TO PROVIDE FOR A CIVIL CAUSE OF ACTION FOR VIOLATION OF THIS SECTION.
Referred to Committee on Judiciary

H. 3609 (Word version) -- Rep. Toole: A JOINT RESOLUTION TO ESTABLISH THE JOINT COMMITTEE TO STUDY IN-STATE VENDOR PREFERENCES IN THE SOUTH CAROLINA CONSOLIDATED PROCUREMENT CODE, TO PROVIDE FOR ITS MEMBERSHIP AND DUTIES, AND REQUIRE IT TO MAKE A REPORT OF ITS FINDINGS AND RECOMMENDATIONS NO LATER THAN SEPTEMBER 15, 2011, AFTER WHICH THE COMMITTEE TERMINATES.
Referred to Committee on Ways and Means

H. 3610 (Word version) -- Rep. Toole: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE XVII OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, BY ADDING SECTION 16 SO AS TO PROVIDE THAT ENGLISH MUST BE THE LANGUAGE OF ALL OFFICIAL PROCEEDINGS OF PUBLIC GOVERNMENTAL BODIES IN THIS STATE, AND TO DEFINE THE TERM "OFFICIAL PROCEEDINGS" TO MEAN ANY MEETING OF A PUBLIC GOVERNMENTAL BODY AT WHICH ANY PUBLIC BUSINESS IS DISCUSSED OR PUBLIC POLICY FORMULATED.
Referred to Committee on Judiciary

H. 3611 (Word version) -- Rep. Toole: A JOINT RESOLUTION TO ESTABLISH THE CELLULAR TELEPHONE AND WIRELESS COMMUNICATIONS REDUCTION AND OVERSIGHT TASKFORCE TO IMPROVE EFFICIENCY AND EFFECTIVENESS TO THE STATE'S CELLULAR TELEPHONES AND WIRELESS COMMUNICATIONS PLANS.
Referred to Committee on Labor, Commerce and Industry

H. 3612 (Word version) -- Rep. Toole: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-1-200 SO AS TO PROVIDE THAT A STATE AGENCY, DEPARTMENT, OR INSTITUTION THAT ISSUES CELLULAR TELEPHONES OR OTHER WIRELESS COMMUNICATIONS DEVICES TO ITS EMPLOYEES MUST ANNUALLY REVIEW THE PLAN AND TO PROVIDE OTHER REQUIREMENTS; AND BY ADDING SECTION 1-11-436 SO AS TO PROVIDE THAT THE OFFICE OF THE STATE CHIEF INFORMATION OFFICER SHALL VERIFY INFORMATION PROVIDED BY CELLULAR TELEPHONE COMPANIES ON STATE AGENCY EXPENDITURES.
Referred to Committee on Labor, Commerce and Industry

H. 3613 (Word version) -- Rep. Toole: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-63-170 SO AS TO PROVIDE THAT STUDENTS IN THE PUBLIC SCHOOLS OF THIS STATE WHO DO NOT RECOGNIZE ENGLISH AS THEIR FIRST LANGUAGE MAY NOT PARTICIPATE IN THE ORDINARY COURSE OF STUDY APPROPRIATE FOR THEIR GRADE LEVEL UNTIL THEY HAVE SUCCESSFULLY COMPLETED AN ESTABLISHED ENGLISH PROFICIENCY PROGRAM, TO REQUIRE THE STATE DEPARTMENT OF EDUCATION TO ESTABLISH BY REGULATION AN ENGLISH PROFICIENCY PROGRAM DESIGNED TO INSTRUCT STUDENTS WHO DO NOT RECOGNIZE ENGLISH AS THEIR FIRST LANGUAGE IN THE BASICS OF THE ENGLISH LANGUAGE SO THAT THEY BECOME PROFICIENT IN THE LANGUAGE, AND TO REQUIRE THE SCHOOL DISTRICTS OF THIS STATE TO IMPLEMENT THE PROGRAM ESTABLISHED BY THE DEPARTMENT BEGINNING WITH THE 2012-2013 SCHOOL YEAR.
Referred to Committee on Education and Public Works

H. 3614 (Word version) -- Rep. Toole: A BILL TO AMEND SECTION 24-21-645, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF PAROLE AND PROVISIONAL PAROLE ORDERS, AND FUTURE PAROLE HEARINGS FOR PERSONS WHO HAVE BEEN DENIED PAROLE, SO AS TO INCREASE THE NUMBER OF YEARS A PERSON MUST WAIT TO HAVE A PAROLE HEARING AFTER RECEIVING A NEGATIVE DETERMINATION OF PAROLE FOR A VIOLENT CRIME.
Referred to Committee on Judiciary

H. 3615 (Word version) -- Reps. Lucas, J. M. Neal, Long and Delleney: A BILL TO AMEND SECTION 44-96-470, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE NEGOTIATION PROCESS FOR FACILITY ISSUES WHEN A MUNICIPAL SOLID WASTE DISPOSAL FACILITY PERMIT HAS BEEN FILED, SO AS TO PROVIDE THAT BEFORE A PERMIT APPLICATION FOR A MUNICIPAL SOLID WASTE DISPOSAL FACILITY IS SUBMITTED TO THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, THE PERMIT APPLICANT AND THE HOST GOVERNMENT SHALL EXECUTE A HOST AGREEMENT WHICH MUST BE APPROVED BY THE HOST GOVERNMENT BY ORDINANCE; BEFORE EACH READING OF THE ORDINANCE, PUBLIC NOTICE MUST BE GIVEN THAT THE HOST GOVERNMENT WILL BE CONSIDERING THE PERMIT APPLICATION; THE AGENDA FOR A MEETING AT WHICH THE HOST GOVERNMENT WILL CONSIDER THE HOST AGREEMENT MUST CLEARLY STATE THAT THE HOST AGREEMENT WILL BE CONSIDERED; WHEN ENTERING INTO A HOST AGREEMENT, THE PERMIT APPLICANT AND HOST GOVERNMENT MUST BE REPRESENTED BY SEPARATE, INDEPENDENT LEGAL COUNSEL AND IF NOT, THE ATTORNEY GENERAL MUST REPRESENT THE HOST GOVERNMENT; THE HOST AGREEMENT MUST NOT BE CONSIDERED FOR APPROVAL BY THE HOST GOVERNMENT BODY UNTIL THE PERMIT APPLICANT AND HOST GOVERNMENT HAVE COMPLIED WITH THE HOST AGREEMENT REQUIREMENTS; AND THE DEPARTMENT OF HEALTH AND ENVIRONMENT CONTROL MUST NOT APPROVE A PERMIT APPLICATION UNTIL THE HOST AGREEMENT REQUIREMENTS ARE COMPLIED WITH.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs

H. 3616 (Word version) -- Rep. Toole: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 37-23-90 SO AS TO PROVIDE FOR THE TERMINATION OF ACCEPTANCE OF MORTGAGE INSURANCE PREMIUM PAYMENTS AND THE RETURN OF ESCROWED MORTGAGE INSURANCE PREMIUMS BY A LENDER WHO REQUIRED MORTGAGE INSURANCE IN CONNECTION WITH A CONSUMER HOME LOAN TRANSACTION UNDER CERTAIN CIRCUMSTANCES.
Referred to Committee on Labor, Commerce and Industry

H. 3617 (Word version) -- Rep. Pitts: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 48-1-95 SO AS TO PROVIDE THAT A SEWAGE SYSTEM, OR ITS TREATMENT WORKS, THAT HAS HAD THREE OR MORE SEWAGE SPILLS IN A TWELVE-MONTH PERIOD MUST COMPLETE A COMPREHENSIVE REVIEW OF THEIR OPERATIONS; TO PROVIDE FOR THE COMPREHENSIVE REVIEW; TO PROVIDE FOR THE DEVELOPMENT AND IMPLEMENTATION OF AN ACTION PLAN TO ADDRESS ISSUES RAISED IN THE COMPREHENSIVE REVIEW; TO PROVIDE SPENDING PRIORITIES FOR WASTEWATER UTILITIES THAT LACK FUNDS FOR IMPLEMENTING AN ACTION PLAN; TO PROVIDE THAT WASTEWATER UTILITIES THAT DEVELOP AN ACTION PLAN HAVE PRIORITY FOR STATE FUNDS OR STATE-DIRECTED FEDERAL FUNDS; AND TO PROVIDE THAT REPETITIVE SPILLS MUST BE FORWARDED TO AND RECORDED BY THE SOUTH CAROLINA ENVIRONMENTAL CERTIFICATION BOARD.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs

H. 3618 (Word version) -- Reps. J. M. Neal and Long: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAYS MISSED ON JANUARY 11, 12, 13, AND 14, 2011, BY THE STUDENTS OF LANCASTER COUNTY SCHOOL DISTRICT WHEN THE SCHOOLS WERE CLOSED DUE TO SNOW ARE EXEMPT FROM THE REQUIREMENT THAT FULL SCHOOL DAYS MISSED DUE TO SNOW, EXTREME WEATHER, OR OTHER DISRUPTIONS BE MADE UP.
On motion of Rep. J. M. NEAL, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.

H. 3619 (Word version) -- Reps. Huggins, Ballentine, Quinn and McLeod: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAYS MISSED ON JANUARY 10, 11, AND 12, 2011, BY THE STUDENTS OF SCHOOL DISTRICT 5 OF LEXINGTON AND RICHLAND COUNTIES WHEN THE SCHOOLS OF THE DISTRICT WERE CLOSED DUE TO SNOW ARE EXEMPT FROM THE REQUIREMENT THAT FULL SCHOOL DAYS MISSED DUE TO SNOW, EXTREME WEATHER, OR OTHER DISRUPTIONS BE MADE UP.
On motion of Rep. QUINN, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.

H. 3620 (Word version) -- Rep. Lowe: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-9-750 SO AS TO PROVIDE THAT CERTAIN STUDENTS ENROLLED IN A HIGH SCHOOL OR AN INSTITUTION OF HIGHER LEARNING ARE NOT REQUIRED TO OBTAIN A HUNTING OR FISHING LICENSE.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs

H. 3621 (Word version) -- Reps. Bannister, Rutherford, Herbkersman, Weeks and J. E. Smith: A BILL TO AMEND SECTION 61-6-1035, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SAMPLING OF WINES, SO AS TO PERMIT RETAILERS TO CONDUCT TASTINGS.
Referred to Committee on Judiciary

H. 3622 (Word version) -- Reps. J. E. Smith, Pitts and Sottile: A JOINT RESOLUTION TO EXTEND THE DEADLINE FOR THE VETERANS' ISSUES STUDY COMMITTEE TO SUBMIT ITS WRITTEN REPORT FROM SEPTEMBER 1, 2010, TO JANUARY 31, 2012.
On motion of Rep. J. E. SMITH, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.

H. 3623 (Word version) -- Rep. Hodges: A BILL TO AMEND SECTION 7-17-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ELECTION STATEMENTS AND RETURNS, SO AS TO PROVIDE THAT A COUNTY BOARD OF CANVASSERS MAY RECERTIFY ITS STATEMENT OF THE VOTES WITHIN THIRTY DAYS FOLLOWING AN ELECTION IF HUMAN ERROR IS SHOWN TO HAVE AFFECTED THE INITIALLY CERTIFIED STATEMENT.
Referred to Committee on Judiciary

H. 3624 (Word version) -- Reps. Jefferson, Hosey, Anderson, G. A. Brown, Sabb, King, Knight, Williams, Clyburn, Limehouse and Sottile: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 61-2-85 SO AS TO PROVIDE THAT A HOLDER OF A PERMIT THAT ALLOWS ON-PREMISES CONSUMPTION OF BEER, WINE, OR ALCOHOLIC LIQUORS SHALL RECYCLE EACH RECYCLABLE BEVERAGE CONTAINER SOLD ON THE PREMISES IN ACCORDANCE WITH A MODEL RECYCLING PROGRAM DEVELOPED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL; TO AMEND SECTION 61-2-90, RELATING TO LICENSE OR PERMIT APPLICATIONS, SO AS TO REQUIRE AN APPROVED RECYCLING PLAN BE INCLUDED IN A PERMIT APPLICATION FOR ON-PREMISES CONSUMPTION; AND TO AMEND SECTION 6-4-20, RELATING TO THE USE OF ACCOMMODATIONS TAXES, SO AS TO PROVIDE FOR FUNDING FOR THE ADMINISTRATION AND IMPLEMENTATION OF THE MODEL RECYCLING PROGRAM.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs

H. 3625 (Word version) -- Reps. J. R. Smith, Hixon and Taylor: A BILL TO AMEND SECTION 8-13-735, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROHIBITION AGAINST A PERSON, WHO AT THE SAME TIME SERVES ON THE GOVERNING BODY OF A STATE OR LOCAL POLITICAL SUBDIVISION BOARD OR COMMISSION AND AS AN EMPLOYEE OF THE SAME BOARD OR COMMISSION OR IN A POSITION WHICH IS SUBJECT TO THE CONTROL OF THE BOARD OR COMMISSION, MAKING OR PARTICIPATING IN A DECISION AFFECTING HIS ECONOMIC INTERESTS, SO AS TO PROHIBIT A PERSON FROM SERVING IN BOTH POSITIONS AT THE SAME TIME.
Rep. J. R. SMITH asked unanimous consent to have the Bill placed on the Calendar without reference.
Rep. KING objected.
Referred to Committee on Judiciary

H. 3629 (Word version) -- Rep. J. E. Smith: A BILL TO AMEND SECTION 12-43-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CLASSIFICATION OF PROPERTY FOR PURPOSES OF PROPERTY TAX AND THE ASSESSMENT RATIOS APPLICABLE FOR EACH CLASS OF PROPERTY, SO AS TO PROVIDE THAT RESIDENTIAL PROPERTY OWNED BY AN ACTIVE DUTY MEMBER OF THE ARMED FORCES OF THE UNITED STATES ELIGIBLE FOR AND RECEIVING THE SPECIAL FOUR PERCENT ASSESSMENT RATIO ALLOWED OWNER-OCCUPIED RESIDENTIAL PROPERTY RETAINS THAT ASSESSMENT RATIO AND EXEMPTIONS BASED ON THAT CLASSIFICATION FOR SO LONG AS THE OWNER REMAINS ON ACTIVE DUTY IN THE ARMED FORCES OF THE UNITED STATES REGARDLESS OF DUTY STATION AND DOES NOT CLAIM THE SPECIAL FOUR PERCENT ASSESSMENT RATIO ON ANY OTHER RESIDENTIAL PROPERTY OWNED BY THE SERVICE MEMBER OR A MEMBER OF HIS HOUSEHOLD IN THIS STATE AND TO PROVIDE THAT THIS RETAINING OF THE SPECIAL FOUR PERCENT ASSESSMENT RATIO MUST BE CONSTRUED AS A PROPERTY TAX EXEMPTION.
Referred to Committee on Ways and Means

H. 3630 (Word version) -- Reps. Bedingfield, Loftis, Hardwick and McLeod: A BILL TO AMEND SECTION 61-4-720, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SALE OF WINE BY A LICENSED WINERY LOCATED IN SOUTH CAROLINA, SO AS TO ELIMINATE THE REQUIREMENT THAT A MAJORITY OF THE JUICE USED IN THE WINE BE DERIVED FROM FRUIT OR BERRIES GROWN IN THIS STATE; AND TO AMEND SECTION 61-4-730, RELATING TO THE SALE OF WINE BY PERMITTED WINERIES, SO AS TO ELIMINATE THE REQUIREMENT THAT A MAJORITY OF THE JUICE USED IN THE WINE BE DERIVED FROM FRUIT OR BERRIES GROWN IN THIS STATE.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs

S. 91 (Word version) -- Senators Ryberg and Knotts: A BILL TO AMEND CHAPTER 150, TITLE 59 OF THE 1976 CODE, RELATING TO EDUCATION LOTTERY TICKET SALES, BY ADDING SECTION 59-150-155 TO PROVIDE THAT A PERSON WHO CURRENTLY HOLDS A RETAIL LOTTERY TICKET SALES LICENSE MAY BE GRANTED A TEMPORARY LICENSE FOR RETAIL LOTTERY TICKET SALES IF HE ACQUIRES ANOTHER RETAIL BUSINESS WHICH SELLS LOTTERY TICKETS, TO PROVIDE THE LENGTH OF TIME A TEMPORARY LICENSE IS VALID, AND TO PROVIDE THE FEE FOR A TEMPORARY LICENSE.
Referred to Committee on Labor, Commerce and Industry

The following was introduced:

H. 3626 (Word version) -- Reps. Clemmons, Hearn, Barfield, Hardwick, Viers and Edge: A HOUSE RESOLUTION TO RECOGNIZE AND CONGRATULATE THE MYRTLE BEACH HIGH SCHOOL FOOTBALL TEAM ON ITS OUTSTANDING SEASON AND IMPRESSIVE WIN OF THE 2010 CLASS AAA STATE CHAMPIONSHIP TITLE.

The Resolution was adopted.

The following was introduced:

H. 3627 (Word version) -- Reps. Gambrell, Cooper, Agnew and Thayer: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR BILLY RAY ARFLIN, JR., FRIENDSHIP FIRE DEPARTMENT FIREFIGHTER, UPON BEING NAMED THE 2010 ANDERSON COUNTY FIREFIGHTER OF THE YEAR, AND TO EXPRESS DEEP GRATITUDE FOR HIS DEDICATED SERVICE TO THE CITIZENS OF HIS COMMUNITY.

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

The following was introduced:

H. 3628 (Word version) -- Reps. Funderburk and Lucas: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND THE NORTH CENTRAL HIGH SCHOOL SHOOTING TEAM OF KERSHAW COUNTY FOR ITS PIONEERING WORK IN THE SHOOTING SPORTS WITHIN SOUTH CAROLINA'S PUBLIC SCHOOLS, AND TO WISH THE TEAM MEMBERS MUCH SUCCESS IN UPCOMING COMPETITIONS.

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

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

Agnew                  Allen                  Allison
Anderson               Anthony                Atwater
Bales                  Ballentine             Bannister
Barfield               Battle                 Bedingfield
Bikas                  Bingham                Bowen
Brady                  Branham                Brannon
Brantley               G. A. Brown            H. B. Brown
R. L. Brown            Butler Garrick         Chumley
Clemmons               Clyburn                Cobb-Hunter
Cole                   Cooper                 Corbin
Crawford               Crosby                 Daning
Delleney               Dillard                Edge
Erickson               Forrester              Frye
Funderburk             Gambrell               Gilliard
Govan                  Hamilton               Hardwick
Harrell                Harrison               Hart
Hayes                  Hearn                  Henderson
Herbkersman            Hiott                  Hixon
Hodges                 Horne                  Hosey
Howard                 Huggins                Jefferson
King                   Knight                 Limehouse
Loftis                 Long                   Lowe
Lucas                  Mack                   McCoy
McEachern              McLeod                 Mitchell
D. C. Moss             V. S. Moss             Munnerlyn
Murphy                 Nanney                 J. H. Neal
J. M. Neal             Neilson                Norman
Ott                    Owens                  Parker
Patrick                Pinson                 Pitts
Pope                   Quinn                  Rutherford
Ryan                   Sabb                   Sandifer
Sellers                Simrill                Skelton
G. M. Smith            G. R. Smith            J. E. Smith
J. R. Smith            Sottile                Spires
Stavrinakis            Stringer               Tallon
Taylor                 Thayer                 Toole
Tribble                Umphlett               Vick
Viers                  Weeks                  Whipper
White                  Whitmire               Williams
Willis                 Young

I came in after the roll call and was present for the Session on Tuesday, February 8.

James Merrill                     Terry Alexander
William Bowers                    Anne Parks

Announcement was made that Dr. James McCoy of North Charleston was the Doctor of the Day for the General Assembly.

In accordance with House Rule 5.2 below:
"5.2   Every bill before presentation shall have its title endorsed; every report, its title at length; every petition, memorial, or other paper, its prayer or substance; and, in every instance, the name of the member presenting any paper shall be endorsed and the papers shall be presented by the member to the Speaker at the desk. A member may add his name to a bill or resolution or a co-sponsor of a bill or resolution may remove his name at any time prior to the bill or resolution receiving passage on second reading. The member or co-sponsor shall notify the Clerk of the House in writing of his desire to have his name added or removed from the bill or resolution. The Clerk of the House shall print the member's or co-sponsor's written notification in the House Journal. The removal or addition of a name does not apply to a bill or resolution sponsored by a committee."

Bill Number:   H. 3025 (Word version)
Date:   ADD:
02/08/11   LOFTIS

Bill Number:   H. 3036 (Word version)
Date:   ADD:
02/08/11   LOFTIS

Bill Number:   H. 3043 (Word version)
Date:   ADD:
02/08/11   ERICKSON

Bill Number:   H. 3066 (Word version)
Date:   ADD:
02/08/11   ERICKSON

Bill Number:   H. 3069 (Word version)
Date:   ADD:
02/08/11   FUNDERBURK

Bill Number:   H. 3070 (Word version)
Date:   ADD:
02/08/11   FUNDERBURK

Bill Number:   H. 3071 (Word version)
Date:   ADD:
02/08/11   FUNDERBURK

Bill Number:   H. 3072 (Word version)
Date:   ADD:
02/08/11   FUNDERBURK

Bill Number:   H. 3129 (Word version)
Date:   ADD:
02/08/11   HERBKERSMAN

Bill Number:   H. 3136 (Word version)
Date:   ADD:
02/08/11   R. L. BROWN

Bill Number:   H. 3148 (Word version)
Date:   ADD:
02/08/11   HERBKERSMAN

Bill Number:   H. 3152 (Word version)
Date:   ADD:
02/08/11   FUNDERBURK

Bill Number:   H. 3184 (Word version)
Date:   ADD:
02/08/11   FUNDERBURK

Bill Number:   H. 3226 (Word version)
Date:   ADD:
02/08/11   HERBKERSMAN

Bill Number:   H. 3228 (Word version)
Date:   ADD:
02/08/11   ERICKSON

Bill Number:   H. 3241 (Word version)
Date:   ADD:
02/08/11   ERICKSON

Bill Number:   H. 3246 (Word version)
Date:   ADD:
02/08/11   LOFTIS

Bill Number:   H. 3270 (Word version)
Date:   ADD:
02/08/11   ERICKSON

Bill Number:   H. 3292 (Word version)
Date:   ADD:
02/08/11   FORRESTER, HERBKERSMAN, BANNISTER, HAMILTON and BEDINGFIELD

Bill Number:   H. 3301 (Word version)
Date:   ADD:
02/08/11   ERICKSON

Bill Number:   H. 3375 (Word version)
Date:   ADD:
02/08/11   KNIGHT, ERICKSON and CHUMLEY

Bill Number:   H. 3375 (Word version)
Date:   ADD:
02/08/11   BUTLER GARRICK

Bill Number:   H. 3410 (Word version)
Date:   ADD:
02/08/11   SANDIFER

Bill Number:   H. 3449 (Word version)
Date:   ADD:
02/08/11   YOUNG and TAYLOR

Bill Number:   H. 3498 (Word version)
Date:   ADD:
02/08/11   YOUNG and TAYLOR

Bill Number:   H. 3506 (Word version)
Date:   ADD:
02/08/11   J. R. SMITH

Bill Number:   H. 3568 (Word version)
Date:   ADD:
02/08/11   BALLENTINE

Bill Number:   H. 3559 (Word version)
Date:   ADD:
02/08/11   MCCOY

Bill Number:   H. 3563 (Word version)
Date:   ADD:
02/08/11   MCCOY

Bill Number:   H. 3580 (Word version)
Date:   ADD:
02/08/11   MCCOY

Bill Number:   H. 3410 (Word version)
Date:   ADD:
02/08/11   VICK

Bill Number:   H. 3469 (Word version)
Date:   ADD:
02/08/11   MCCOY

Bill Number:   H. 3547 (Word version)
Date:   ADD:
02/08/11   MCCOY

Bill Number:   H. 3509 (Word version)
Date:   REMOVE:
02/08/11   SANDIFER

Bill Number:   H. 3344 (Word version)
Date:   REMOVE:
02/08/11   HENDERSON

The following Joint Resolution was taken up, read the third time, and ordered sent to the Senate:

H. 3530 (Word version) -- Rep. Vick: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAYS MISSED ON JANUARY 10, 11, 12, AND 13, 2011, BY THE STUDENTS OF CHESTERFIELD COUNTY SCHOOL DISTRICT WHEN THE SCHOOLS WERE CLOSED DUE TO SNOW ARE EXEMPT FROM THE REQUIREMENT THAT FULL SCHOOL DAYS MISSED DUE TO SNOW, EXTREME WEATHER, OR OTHER DISRUPTIONS BE MADE UP.

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

H. 3578 (Word version) -- Rep. Anthony: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAYS MISSED ON JANUARY 13 AND 14, 2011, BY THE STUDENTS OF UNION COUNTY SCHOOL DISTRICT WHEN THE SCHOOLS WERE CLOSED DUE TO SNOW ARE EXEMPT FROM THE REQUIREMENT THAT FULL SCHOOL DAYS MISSED DUE TO SNOW, EXTREME WEATHER, OR OTHER DISRUPTIONS BE MADE UP.

H. 3588 (Word version) -- Rep. Sellers: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAYS MISSED ON JANUARY 10 AND 11, 2011, BY THE STUDENTS OF DENMARK OLAR SCHOOL DISTRICT TWO OF BAMBERG COUNTY WHEN THE SCHOOLS WERE CLOSED DUE TO SNOW ARE EXEMPT FROM THE REQUIREMENT THAT FULL SCHOOL DAYS MISSED DUE TO SNOW, EXTREME WEATHER, OR OTHER DISRUPTIONS BE MADE UP.

H. 3221 (Word version) -- Rep. Nanney: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-53-45 SO AS TO REQUIRE THE SOUTH CAROLINA DEPARTMENT OF REVENUE TO FILE ELECTRONICALLY ALL DOCUMENTS RELATING TO THE ENFORCED COLLECTION OF TAXES DUE THIS STATE WITH COUNTY CLERKS OF COURT AND REGISTERS OF DEEDS IN THOSE COUNTIES WHICH ACCEPT ELECTRONIC FILINGS.

Rep. NANNEY explained the Bill.

S. 213 (Word version) -- Senators McConnell, Campsen and Knotts: A BILL TO DIRECT THE SOUTH CAROLINA CODE COMMISSIONER TO INCLUDE BEGINNING WITH THE 2011 CUMULATIVE SUPPLEMENT TO THE CODE OF LAWS OF SOUTH CAROLINA, 1976, CERTAIN REPORTER'S COMMENTS IN REGARD TO VARIOUS PROVISIONS OF THE SOUTH CAROLINA PROBATE CODE IN TITLE 62, AMENDED BY ACT 244 OF 2010.

Rep. HARRISON explained the Bill.
H. 3583 (Word version) -- Rep. Cooper: A BILL TO AMEND SECTION 12-6-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPLICATION OF THE INTERNAL REVENUE CODE TO STATE INCOME TAX LAWS, SO AS TO UPDATE THE REFERENCE TO THE INTERNAL REVENUE CODE TO THE YEAR 2010.

Rep. COOPER explained the Bill.

Rep. OWENS moved to adjourn debate upon the following Bill until Thursday, February 10, which was adopted:

H. 3410 (Word version) -- Reps. Owens, Cooper, Harrell, Branham, Limehouse, Atwater, Bikas, Govan, Loftis, Skelton, Taylor, Young, Williams, Daning, Quinn, Brannon, J. M. Neal, Bowen, Patrick, Norman, Whitmire, Willis, Thayer, Erickson, Weeks, Munnerlyn, McEachern, Vick and Sandifer: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ENACTING THE "SOUTH CAROLINA HIGHER EDUCATION EFFICIENCY AND ADMINISTRATIVE POLICIES ACT OF 2011"; TO AMEND SECTIONS 2-47-30, 2-47-35, 2-47-40, AND 2-47-50, AS AMENDED, RELATING THE JOINT BOND REVIEW COMMITTEE, SO AS TO PROVIDE FOR THE ESTABLISHMENT OF PERMANENT IMPROVEMENT PROJECTS BY STATE AGENCIES AND FOR THE APPROVAL OF THESE PROJECTS; BY ADDING SECTION 2-47-53 SO AS TO PROVIDE FOR THE ESTABLISHMENT OF PERMANENT IMPROVEMENT PROJECTS BY PUBLIC INSTITUTIONS OF HIGHER LEARNING, TO DEFINE PERMANENT IMPROVEMENT PROJECTS WITH RESPECT TO THOSE INSTITUTIONS, TO ALLOW THE COMMITTEE TO REQUEST ASSISTANCE WITH THE REVIEW OF PROJECTS, AND TO DEFINE PERMANENT IMPROVEMENT PROJECTS WITH RESPECT TO THOSE INSTITUTIONS; BY ADDING SECTION 2-47-54 SO AS TO ALLOW PUBLIC INSTITUTIONS OF HIGHER LEARNING TO ENTER INTO GROUND LEASE AGREEMENTS WITH A PRIVATE ENTITY AND TO PROVIDE REQUIREMENTS FOR THOSE AGREEMENTS; BY ADDING SECTION 59-53-168 SO AS TO REQUIRE THE STATE BOARD FOR TECHNICAL AND COMPREHENSIVE EDUCATION TO ESTABLISH A TIERED SYSTEM FOR CATEGORIZING TECHNICAL COLLEGES WITH RESPECT TO FINANCIAL STRENGTH AND OTHER FACTORS BY WHICH TECHNICAL COLLEGES MAY APPLY FOR CERTAIN EFFICIENCY POLICIES GRANTED BY THE BOARD AND TO REQUIRE THE BOARD TO ESTABLISH AN ADVISORY BOARD AND REPORT TO THE GENERAL ASSEMBLY; TO AMEND SECTIONS 59-53-290, 59-53-630, 59-53-740, 59-53-1784, AND 59-53-2430, ALL RELATING TO LEASE AGREEMENTS OF TECHNICAL COLLEGES, SO AS TO PROVIDE FOR THE FAVORABLE REVIEW OF THE AGREEMENT BY THE JOINT BOND REVIEW COMMITTEE AND ITS APPROVAL BY THE STATE BOARD FOR TECHNICAL AND COMPREHENSIVE EDUCATION; TO AMEND SECTION 1-11-65, RELATING TO APPROVAL OF REAL PROPERTY TRANSACTIONS BY THE STATE BUDGET AND CONTROL BOARD AND ACCEPTANCE OF THE TRANSFER OF TANGIBLE PERSONAL PROPERTY BY A STATE ENTITY, SO AS TO EXEMPT CERTAIN REAL PROPERTY TRANSACTIONS MADE FOR OR BY THESE INSTITUTIONS OF HIGHER LEARNING; BY ADDING SECTIONS 59-147-42 AND 59-147-43 AND TO AMEND SECTION 59-147-30, AS AMENDED, RELATING TO THE PROCEDURES FOR THE ISSUANCE OF REVENUE BONDS UNDER THE HIGHER EDUCATION REVENUE BOND ACT, ALL SO AS TO REVISE THESE PROCEDURES AND THE PURPOSES FOR WHICH THE BONDS MAY BE USED; BY ADDING ARTICLE 7 TO CHAPTER 101, TITLE 59 SO AS TO PROVIDE FOR CERTAIN PROVISIONS APPLICABLE TO BOND ACTS FOR INSTITUTIONS OF HIGHER LEARNING; TO AMEND SECTION 11-35-1210, AS AMENDED, RELATING TO CERTIFICATION OF THE BUDGET AND CONTROL BOARD TO ALLOW GOVERNMENTAL BODIES TO MAKE DIRECT PROCUREMENTS, SO AS TO PROVIDE FOR APPROVAL OF PROCUREMENT AUTHORITY BY THE STATE BOARD FOR TECHNICAL AND COMPREHENSIVE EDUCATION; TO AMEND SECTION 11-35-1550, AS AMENDED, RELATING TO SMALL PURCHASES UNDER THE CONSOLIDATED PROCUREMENT CODE AND BID PROCEDURES ON PROCUREMENTS UP TO FIFTY THOUSAND DOLLARS, SO AS TO INCREASE THE AMOUNT OF AUTHORIZED SMALL PURCHASES BY PUBLIC INSTITUTIONS OF HIGHER LEARNING AND TO AUTHORIZE THESE INSTITUTIONS TO USE PURCHASING CARDS FOR THESE PURCHASES IN THE AMOUNT AUTHORIZED; TO AMEND SECTION 11-35-3310, AS AMENDED, RELATING TO INDEFINITE DELIVERY CONTRACTS FOR CONSTRUCTION, ARCHITECTURAL-ENGINEERING AND LAND SURVEYING SERVICES, SO AS TO RAISE THE PERMITTED AMOUNTS OF THESE CONTRACTS; TO AMEND SECTION 11-35-4810, AS AMENDED, RELATING TO COOPERATIVE PURCHASES OF PUBLIC ENTITIES UNDER THE CONSOLIDATED PROCUREMENT CODE, SO AS TO ESTABLISH CERTAIN EXCEPTIONS FOR PUBLIC INSTITUTIONS OF HIGHER LEARNING IN REGARD TO NOTICE AND ELIGIBLE VENDORS; TO AMEND SECTION 1-7-170, RELATING TO THE REQUIRED APPROVAL OF THE ATTORNEY GENERAL BEFORE AN AGENCY OR DEPARTMENT OF THIS STATE MAY ENGAGE AN ATTORNEY AT LAW ON A FEE BASIS AND EXCEPTIONS TO THIS REQUIREMENT, SO AS TO ESTABLISH A SPECIAL APPROVAL PROCEDURE FOR PUBLIC INSTITUTIONS OF HIGHER LEARNING; BY ADDING SECTION 59-101-55 SO AS TO PROVIDE THAT STATE APPROPRIATED FUNDS MAY NOT BE USED TO PROVIDE OUT-OF-STATE SUBSIDIES TO STUDENTS ATTENDING STATE-SUPPORTED INSTITUTIONS OF HIGHER LEARNING; TO AMEND SECTION 59-101-620, RELATING TO LIMITATIONS ON EDUCATIONAL FEE WAIVERS OFFERED BY PUBLIC INSTITUTIONS OF HIGHER LEARNING, SO AS TO REVISE THESE LIMITATIONS FOR CERTAIN INSTITUTIONS AND TO PROVIDE FOR ANNUAL REPORTING REQUIREMENTS TO THE COMMISSION ON HIGHER EDUCATION IN REGARD TO THESE WAIVERS; BY ADDING SECTION 59-112-115 SO AS TO PROVIDE THAT WHEN THE GOVERNING BOARD OF A FOUR-YEAR AND GRADUATE LEVEL PUBLIC INSTITUTION OF HIGHER LEARNING IN THIS STATE ADOPTS A CHANGE TO THE TUITION OR FEES IMPOSED ON STUDENTS, THE CHANGE ONLY MAY BE IMPLEMENTED BY THE INSTITUTION AFTER A PUBLICALLY RECORDED ROLL CALL VOTE, AND A MAJORITY VOTE SHALL BE REQUIRED TO IMPLEMENT ANY CHANGE TO THE TUITION OR FEES, AND TO PROVIDE REPORTING REQUIREMENTS; AND TO AMEND SECTION 1-11-55, RELATING TO LEASING OF REAL PROPERTY FOR GOVERNMENTAL BODIES, SO AS TO ALLOW PUBLIC INSTITUTIONS OF HIGHER LEARNING TO ENTER INTO LEASE AGREEMENTS UP TO ONE HUNDRED THOUSAND DOLLARS ANNUALLY UPON APPROVAL BY THE INSTITUTIONAL BOARDS.

The following Bill was taken up:

H. 3373 (Word version) -- Reps. Sandifer, Bowers, Bales, Anderson and Pinson: A BILL TO AMEND SECTION 38-77-112, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXEMPTION OF AN AUTOMOBILE INSURER FROM THE REQUIREMENT TO WRITE AUTOMOBILE INSURANCE COVERAGE FOR AN APPLICANT OR EXISTING POLICYHOLDER, SO AS TO REMOVE CERTAIN EXEMPTIONS FROM THE APPLICABILITY OF THIS SECTION.

Reps. HART, KING, CRAWFORD, R. L. BROWN, BIKAS, BRADY, SANDIFER, SABB, BRANTLEY, FORRESTER, ATWATER, J. R. SMITH, HARDWICK, HEARN and PARKER requested debate on the Bill.

The following Bill was taken up:

H. 3332 (Word version) -- Reps. Sandifer, McLeod, Bowers, Bales, Anderson, Pinson and Clemmons: A BILL TO AMEND SECTION 38-73-736, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CERTAIN REDUCTIONS IN PREMIUM CHARGES, SO AS TO PROVIDE CERTAIN DEFINITIONS, SUBJECT PREMIUM RATES CHARGED FOR LIABILITY AND COLLISION COVERAGE TO CERTAIN DRIVER TRAINING COURSE CREDITS FOR A DRIVER WHO IS NOT A YOUTHFUL OPERATOR, AND PROVIDE OTHER CONDITIONS CONCERNING THE CREDITS; TO AMEND SECTION 38-73-737, RELATING TO DRIVER TRAINING COURSE CREDIT TOWARD LIABILITY AND COLLISION INSURANCE COVERAGE, SO AS TO PROVIDE CERTAIN DEFINITIONS, SUBJECT PREMIUM RATES CHARGED FOR LIABILITY AND COLLISION COVERAGE TO CERTAIN DRIVER TRAINING COURSE CREDITS FOR A DRIVER WHO IS A YOUTHFUL OPERATOR, AND PROVIDE OTHER CONDITIONS CONCERNING THE CREDITS.
The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (COUNCIL\AGM\18454AB11), which was adopted:
Amend the bill, as and if amended, Section 38-73-737(G), as contained in SECTION 2, page 7, line 11, by deleting / not /
Renumber sections to conform.
Amend title to conform.

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

Rep. BRADY explained the Bill.

Reps. OTT, COBB-HUNTER, J. H. NEAL, HOSEY, WILLIAMS, JEFFERSON, KING, BRANTLEY, SANDIFER, R. L. BROWN, BALES, ANDERSON, BIKAS, WEEKS, MITCHELL, ANTHONY and CLYBURN requested debate on the Bill.

The following Bill was taken up:

H. 3344 (Word version) -- Reps. Brady, Erickson, Sandifer, Allison, Dillard, Butler Garrick, Munnerlyn, Funderburk, Horne, Long, Nanney, Bowers, Bales, Anderson, Pinson, Weeks and Clemmons: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO ENACT THE "UNFAIR DISCRIMINATION AGAINST SUBJECTS OF ABUSE IN INSURANCE ACT" BY ADDING SECTION 38-57-115 SO AS TO PROVIDE THAT IT IS UNFAIR DISCRIMINATION FOR AN INSURER TO DENY, REFUSE TO ISSUE OR RENEW, CANCEL, RESTRICT OR EXCLUDE COVERAGE, DENY A CLAIM OR LIMIT PAYMENTS, OR ADD A PREMIUM DIFFERENTIAL TO A POLICY OR CERTIFICATE OF COVERAGE ON THE BASIS THAT AN APPLICANT OR INSURED HAS BEEN OR IS PERCEIVED TO HAVE BEEN ABUSED OR MAY BE A SUBJECT OF ABUSE AND TO PROVIDE PENALTIES, INCLUDING FINES UP TO TWO HUNDRED THOUSAND DOLLARS.

The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (COUNCIL\AGM\18456AB11), which was tabled:
Amend the bill, as and if amended, Section 38-57-115(D)(7)(b), as contained in SECTION 1, page 4, line 16, by deleting /   (b)(i)   this item does not require payment in excess of the loss or policy limits;

(ii)   nothing in this item may be construed to prohibit an insurance entity or insurance professional from applying reasonable standards of proof to claims under this item; and

(iii)   nothing in this item may be construed to prohibit an insurance entity or insurance professional from recovering any payment required by this item from the insured whose act of abuse caused the claim; / and inserting /   (b)(i) this item does not require payment in excess of the loss or policy limits; and

(ii)   nothing in this item may be construed to prohibit an insurance entity or insurance professional from applying reasonable standards of proof to claims under this item; /
Amend the bill further, by deleting Section 38-57-115(E)(1), as contained on pages 4 through 5, and inserting:
/   (E)(1)   To the extent otherwise permitted by law, nothing in this section may be construed to prohibit an insurance entity or insurance professional from recovering any payment from an insured or any third party whose act of abuse caused the claim. /
Renumber sections to conform.
Amend title to conform.

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

Reps. BRADY and SANDIFER proposed the following Amendment No. 2 (COUNCIL\AGM\18481AB11), which was adopted:
Amend the bill, as and if amended, by deleting all after the enacting words and inserting:
/ SECTION   1.   This act may be cited as the "Unfair Discrimination Against Subjects of Abuse in Insurance Act".
SECTION   2.   Chapter 57, Title 38 of the 1976 Code is amended by adding:

"Section 38-57-115.   (A)   As used in this section:

(1)   'Abuse' means the occurrence of one or more of the following acts by a current or former family member, household member, intimate partner, or caretaker:

(a)   attempting to cause or intentionally, knowingly, or recklessly causing another person bodily injury, physical harm, severe emotional distress, or psychological trauma;

(b)   committing or attempting to commit criminal sexual conduct or spousal sexual battery, as provided for in Article 7, Chapter 3, Title 16, or committing or attempting to commit any other sexual assault or battery on another person;

(c)   knowingly engaging in a course of conduct or repeatedly committing acts, including, but not limited to, following the person, without proper authority, under circumstances that place the person in reasonable fear of bodily injury or physical harm;

(d)   subjecting another person to false imprisonment; or

(e)   attempting to cause or intentionally, knowingly, or recklessly causing damage to property so as to intimidate or attempt to control the behavior of another person.

(2)   'Abuse-related medical condition' means a medical condition sustained by a subject of abuse which arises in whole or in part out of an act or pattern of abuse.

(3)   'Abuse status' means the fact or perception that a person is, has been, or may be a subject of abuse, irrespective of whether the person has sustained abuse-related medical conditions.

(4)   'Applicant or covered person' means an insured, individual enrollee, covered dependent, eligible employee, dependent of an eligible employee, or applicant for a policy or certificate of coverage.

(5)   'Insurance entity or insurance professional' means a corporation, agency, partnership, association, voluntary organization, individual, or any other entity, organization, or aggregation of individuals engaged in the business of insurance. This term includes an insurer, health maintenance organization, insurance producer, agency, broker, adjuster, third party administrator, and any other individual or entity engaged in the business of insurance. This term also includes the state health plan.

(6)   'Person' means an individual, including a minor child.

(7)   'State health plan' means the employee and retiree insurance program provided for in Article 5, Chapter 11, Title 1.

(8)   'Subject of abuse' means a person against whom an act of abuse has been directed who has current or prior injuries, illness, or disorders that resulted from abuse or who seeks, may have sought, or had reason to seek medical or psychological treatment for abuse or protection, including court-ordered protection, or shelter from abuse.

(B)   The purpose of this section is to prohibit unfair discrimination by insurance entities and insurance professionals on the basis of abuse status; however, nothing in this section may be construed to create or imply a private cause of action for a violation of this section.

(C)   This section applies to:

(1)   an insurance company, health maintenance organization, and any other insurance entity that is licensed to engage in the business of insurance in this State and that is subject to state insurance regulation;

(2)   insurance professionals; and

(3)   the state health plan.

(D)   An insurance entity or insurance professional may not engage in an unfairly discriminatory act or practice against a subject of abuse. It is a prohibited act of unfair discrimination for an insurance entity or insurance professional to:

(1)   deny, refuse to issue, renew or reissue, or cancel or otherwise terminate, restrict, or exclude coverage, or add a premium differential to any policy or certificate of coverage on the basis of the applicant's or covered person's abuse status;

(2)   impose any preexisting condition exclusion on the basis of the applicant's or covered person's abuse status;

(3)   use the applicant's or covered person's abuse status in the underwriting of a policy; or

(4)(a)   terminate group coverage for a subject of abuse because coverage was originally issued in the name of the abuser and the abuser has divorced, separated from, or lost custody of the subject of abuse, or the abuser's coverage has terminated voluntarily or involuntarily;

(b)   The continuation coverage required by subsection (4)(a) must be satisfied by coverage required under state continuation of coverage, as provided in Section 38-71-770, or COBRA continuation of coverage, as provided in 29 U.S.C. 1161, et seq., whichever is applicable, provided to a subject of abuse and is not intended to be in addition to such continuation of coverage requirements;

(5)   exclude or limit coverage for losses or deny a claim incurred by a covered person on the basis of the covered person's abuse status;

(6)   exclude, limit, or deny benefits on a life insurance policy on the basis of an applicant or covered person's abuse status except as otherwise permitted or required by the laws of this State relating to acts of abuse committed by a life insurance beneficiary;

(7)   in the case of property and casualty insurance:

(a)(i)   exclude or limit payment for a covered loss or deny a covered claim incurred as a result of abuse by a person other than a coinsured;

(ii)   fail to pay losses arising out of abuse to an innocent first party claimant to the extent of the claimant's legal interest in the covered property if the loss is caused by the intentional act of a coinsured or use other exclusions or limitations on coverage which the director determines to unreasonably restrict the ability of subjects of abuse to be indemnified for such losses; or

(iii)   use abuse-related claims history in the underwriting of a policy;

(b)(i)   this item does not require payment in excess of the loss or policy limits; and

(ii)   nothing in this item may be construed to prohibit an insurance entity or insurance professional from applying reasonable standards of proof to claims under this item; and

(8)   directly or indirectly request information relating to acts of abuse or an applicant's or covered person's abuse status or make use of that information, however obtained, except:

(a)   for the limited purposes of complying with legal obligations;

(b)   when verifying a person's claim to be a subject of abuse or to have sustained an abuse-related medical condition or incurred an abuse-related claim; or

(c)   when cooperating with a subject of abuse in seeking protection from abuse or facilitating the treatment of an abuse-related medical condition;

(9)   consider the applicant's or covered person's abuse status in determining the premium rates to be charged for a policy or certificate of coverage;

(10)   use other exclusions or limitations on coverage which the director determines to be an unreasonably or unfairly discriminatory act or practice against a subject of abuse.

(E)   To the extent otherwise permitted by law, nothing in this section may be construed to prohibit an insurance entity or insurance professional from recovering any payment from an insured or any third party whose act of abuse caused this claim.

(F)(1)   Nothing in this section may be construed to prohibit an insurance entity or insurance professional from asking about a medical condition or from using medical information to underwrite or to carry out its rights and duties under the policy, even if the medical information is related to a medical condition that the insurance entity or insurance professional knows or has reason to know is abuse related, to the extent otherwise permitted under law.

(2)(a)   Nothing in this section may be construed to prohibit a property and casualty insurance entity or insurance professional from investigating or inquiring about a property and casualty claim, even if the claim is abuse-related, or from using information thereby obtained in evaluating and carrying out its rights and duties under the policy to the extent otherwise permitted under law.

(b)   This section does not prohibit a property and casualty insurer from denying a property claim when the damage or loss is the result of intentional conduct by a named insured who commits an act of abuse, except that the property and casualty insurer shall make payment on such a claim to an innocent coinsured subject of abuse to the extent of the innocent coinsured's interest in the property and within the limits of coverage when the damage or loss was proximately related to and in furtherance of abuse. A property and casualty insurer paying such a claim must be subrogated to the rights of the innocent coinsured subject of abuse to recover for any damages paid by the insurance.

(3)(a)   Nothing in this section may be construed to prohibit a life insurance entity or insurance professional from declining to issue a life insurance policy if the applicant or prospective owner of the policy is or would be designated as a beneficiary of the policy; and if:

(i)     the applicant or prospective owner of the policy lacks an insurable interest in the prospective insured;

(ii)   the applicant or prospective owner of the policy is known, on the basis of medical, police, or court records, to have committed an act of abuse against the prospective insured; or

(iii)   the insured or prospective insured is a subject of abuse, and that person, or a person who has assumed the care of that person if a minor or incapacitated, has objected to the issuance of the policy on the ground that the policy would be issued to or for the direct or indirect benefit of the abuser.

(b)   In the case of an act of abuse committed by a life insurance beneficiary, nothing in this section may be construed to prohibit an insurance entity or insurance professional from excluding, limiting, or denying benefits to the beneficiary on a life insurance policy as otherwise permitted or required by law.

(G)   Nothing in this section prohibits an insurance entity or insurance professional from setting rates in accordance with relevant actuarial data except that no insurance entity or insurance professional may set rates based in whole or in part on the applicant's or covered person's abuse status.

(H)   Notwithstanding any other provisions of this title or any other applicable law or regulation, a single instance of unfair discrimination is a violation of this section.

(I)   An insurance entity or insurance professional who violates this section is subject to the penalties as provided in Section 38-2-10. If the director or his designee finds that an insurance entity or insurance professional is participating in a pattern of unfair discrimination, the director or his designee may impose a fine of up to two hundred thousand dollars. The director or his designee at any time may examine an insurance entity or insurance professional to enforce this section. The expense of examination must be paid by the insurance entity or insurance professional. If an insurance entity or insurance professional determines that the fees assessed are unreasonable in relation to the examination performed, the insurer or insurance entity may appeal the assessments to the Administrative Law Court. Examination fees must be retained by the department and are considered 'other' funds.

(J)   Insurance entities and insurance professionals shall develop and adhere to written policies specifying procedures to be followed by employees and by insurance professionals they contract with, for the purpose of protecting the safety and privacy of a subject of abuse and shall otherwise implement the provisions of this section when taking an application, investigating a claim, pursuing subrogation, or taking any other action relating to a policy, certificate, or claim involving a subject of abuse. Insurance entities shall distribute their written policies to employees and contracted insurance professionals. An insurance entity or insurance professional shall provide these policies and procedures upon request to the director or his designee. Information received pursuant to this subsection is strictly confidential.

(K)   An insurance entity or insurance professional may not be held civilly or criminally liable for the death of or injury to an applicant or covered person resulting from any action taken in a good faith effort to comply with the requirements of this section. However, this subsection does not prevent an action by the director to investigate or enforce a violation of this section or to assert any other claims authorized by law.

(L)   The Department of Insurance may promulgate regulations necessary for implementation of this section."
SECTION   3.   If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.
SECTION   4.   Nothing in this act requires an insurance entity or insurance professional to conduct a comprehensive search of its contract files existing on the effective date of this act solely to determine which applicants or covered persons are subjects of abuse, as defined in Section 38-57-115 of the 1976 Code, as added by Section 2 of this act.
SECTION   5.   Subsection (I) of Section 38-57-115 of the 1976 Code, as added by SECTION 2 of this act, takes effect January 1, 2012. The remaining provisions of this act take effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.

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

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

The following Bill was taken up:

H. 3301 (Word version) -- Reps. Clemmons, Bowers, Bales, Anderson, Pinson, R. L. Brown and Erickson: A BILL TO AMEND SECTION 23-43-85, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STANDARDS FOR PLACEMENT OF MODULAR HOMES, SO AS TO PROVIDE CIRCUMSTANCES IN WHICH A MODULAR HOME USED AS A DISPLAY MODEL MAY BE PLACED FOR ITS FIRST RESIDENTIAL USE.

The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (COUNCIL\AGM\18453AB11), which was adopted:
Amend the bill, as and if amended, Section 23-43-85(D), as contained in SECTION 1, page 2, by deleting lines 22 through 30 and inserting:
/   (D)   A single-family modular home used as a display model may be placed for its first residential use in this State if:

(1)   it bears a valid modular home label issued pursuant to this chapter;

(2)   it meets the appropriate wind and seismic requirements in effect when the label was issued:

(3)   it has not been altered from its original design;

(4)   it was manufactured within five years before the placement for first residential use; and

(5)   the seller provides the purchaser with written notice that the home meets the appropriate code requirements in effect at the time of manufacture, and may or may not meet the code requirements in effect at the time of placement for residential use." /
Renumber sections to conform.
Amend title to conform.

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

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

The following Bill was taken up:

H. 3246 (Word version) -- Reps. Funderburk, Viers, Agnew, Gambrell, Barfield, Jefferson, Williams, Alexander and Loftis: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 61-4-280 SO AS TO PROHIBIT THE IMPORTATION, PRODUCTION, MANUFACTURE, DISTRIBUTION, OR SALE OF ALCOHOLIC ENERGY DRINKS AND CAFFEINATED MALT BEVERAGES AND TO PROVIDE PENALTIES.

Reps. CRAWFORD, HART, BIKAS, QUINN, VIERS, HERBKERSMAN, R. L. BROWN, G. R. SMITH, ATWATER, FUNDERBURK and BRADY requested debate on the Bill.

Rep. NANNEY moved to adjourn debate upon the following Bill until Wednesday, February 9, which was adopted:

H. 3104 (Word version) -- Rep. Nanney: A BILL TO AMEND SECTION 29-3-330, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENTERING A SATISFACTION OF MORTGAGE IN THE PUBLIC RECORD, SO AS TO INCLUDE A PROBATE AND ACKNOWLEDGEMENT FORM IN THE SATISFACTION AFFIDAVIT.

Rep. DELLENEY moved to adjourn debate upon the following Bill until Wednesday, February 9, which was adopted:

H. 3375 (Word version) -- Reps. Harrell, Lucas, Cooper, Hardwick, Harrison, Owens, Sandifer, White, Bingham, Atwater, Parker, Crawford, Loftis, Bowen, G. R. Smith, Bedingfield, Toole, Sottile, V. S. Moss, Forrester, Bikas, Huggins, Brady, Allison, Pinson, Frye, Whitmire, Skelton, Nanney, Henderson, Limehouse, Corbin, Barfield, Battle, Clemmons, Cole, Crosby, Daning, Gambrell, Hamilton, Hiott, Hixon, Horne, Lowe, D. C. Moss, Murphy, Norman, Patrick, Simrill, G. M. Smith, J. R. Smith, Spires, Taylor, Willis, Young, Herbkersman, Ballentine, Thayer, Bannister, McCoy, Tallon, Stringer, Long, Hayes, Ott, J. M. Neal, Vick, G. A. Brown, Branham, Anthony, Bowers, Sellers, Quinn, Hearn, Edge, Anderson, Erickson, Knight, Chumley and Butler Garrick: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ENACT THE "SOUTH CAROLINA FAIRNESS IN CIVIL JUSTICE ACT OF 2011" BY AMENDING ARTICLE 5, CHAPTER 32, TITLE 15, RELATING TO PUNITIVE DAMAGES, SO AS TO PROVIDE LIMITS ON THE AWARD OF PUNITIVE DAMAGES AND TO PROVIDE FOR CERTAIN PROCEDURES AND REQUIREMENTS RELATING TO THE AWARD OF THESE DAMAGES; BY ADDING SECTIONS 1-7-750 AND 1-7-760 SO AS TO ENACT THE "PRIVATE ATTORNEY RETENTION SUNSHINE ACT" TO GOVERN THE RETENTION OF PRIVATE ATTORNEYS BY THE ATTORNEY GENERAL OR A SOLICITOR AND TO PROVIDE TERMS AND CONDITIONS GOVERNING THE RETAINER AGREEMENT INCLUDING LIMITS ON THE COMPENSATION OF OUTSIDE COUNSEL IN CONTINGENCY FEE CASES, AND TO PROVIDE FOR THE SUSPENSION OF THE LIMITATIONS UNDER CERTAIN EXCEPTIONAL CIRCUMSTANCES; TO AMEND SECTION 15-3-670, RELATING TO LIMITATIONS ON ACTIONS BASED ON UNSAFE OR DEFECTIVE IMPROVEMENTS TO REAL PROPERTY, SO AS TO PROVIDE THAT THE VIOLATION OF A BUILDING CODE DOES NOT CONSTITUTE PER SE FRAUD, GROSS NEGLIGENCE, OR RECKLESSNESS BUT MAY BE ADMISSIBLE AS EVIDENCE; TO AMEND SECTION 18-9-130, AS AMENDED, RELATING TO THE EFFECT OF A NOTICE OF APPEAL ON THE EXECUTION OF JUDGMENT, SO AS TO PROVIDE LIMITS FOR APPEAL BONDS; AND TO AMEND SECTION 56-5-6540, AS AMENDED, RELATING TO THE PENALTIES FOR THE MANDATORY USE OF SEATBELTS, SO AS TO DELETE THE PROVISION THAT PROVIDED THAT A VIOLATION FOR FAILURE TO WEAR A SEATBELT IS NOT NEGLIGENCE PER SE OR COMPARATIVE NEGLIGENCE AND IS NOT ADMISSIBLE IN A CIVIL ACTION.

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

H. 3625 (Word version) -- Reps. J. R. Smith, Hixon and Taylor: A BILL TO AMEND SECTION 8-13-735, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROHIBITION AGAINST A PERSON, WHO AT THE SAME TIME SERVES ON THE GOVERNING BODY OF A STATE OR LOCAL POLITICAL SUBDIVISION BOARD OR COMMISSION AND AS AN EMPLOYEE OF THE SAME BOARD OR COMMISSION OR IN A POSITION WHICH IS SUBJECT TO THE CONTROL OF THE BOARD OR COMMISSION, MAKING OR PARTICIPATING IN A DECISION AFFECTING HIS ECONOMIC INTERESTS, SO AS TO PROHIBIT A PERSON FROM SERVING IN BOTH POSITIONS AT THE SAME TIME.

The Veto on the following Act was taken up:

(R3) H. 3321 (Word version) -- Rep. J. R. Smith: AN ACT TO AMEND ACT 1006 OF 1958, RELATING TO THE BATH WATER AND SEWER DISTRICT, THE CLEARWATER WATER AND SEWER DISTRICT, AND THE LANGLEY WATER AND SEWER DISTRICT IN AIKEN COUNTY AND THE ELECTION OF COMMISSIONERS FOR THESE DISTRICTS, SO AS TO PROVIDE THAT NO PERSON MAY SERVE AS A COMMISSIONER OF THESE DISTRICTS AND ALSO SERVE AS AN OFFICER OR EMPLOYEE OF THE SAME DISTRICT, AND TO REQUIRE PRESENT COMMISSIONERS IN VIOLATION OF THIS PROVISION TO MAKE A WRITTEN ELECTION AS TO WHICH POSITION WILL BE RETAINED AND WHICH POSITION BY THAT ELECTION IS BEING RESIGNED.

Rep. J. R. SMITH explained the Veto.

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

Those who voted in the affirmative are:

Those who voted in the negative are:

Agnew                  Alexander              Allen
Allison                Anderson               Anthony
Atwater                Bales                  Ballentine
Bannister              Barfield               Battle
Bikas                  Bingham                Bowers
Brady                  Branham                Brantley
G. A. Brown            H. B. Brown            R. L. Brown
Butler Garrick         Chumley                Clemmons
Clyburn                Cobb-Hunter            Cole
Corbin                 Crosby                 Daning
Delleney               Dillard                Edge
Erickson               Forrester              Frye
Funderburk             Gambrell               Gilliard
Govan                  Hamilton               Hardwick
Harrison               Hart                   Hayes
Hearn                  Henderson              Hiott
Hixon                  Hodges                 Horne
Hosey                  Huggins                Jefferson
King                   Knight                 Limehouse
Loftis                 Long                   Lowe
Lucas                  Mack                   McCoy
McEachern              McLeod                 Merrill
Mitchell               D. C. Moss             V. S. Moss
Munnerlyn              Murphy                 Nanney
J. H. Neal             J. M. Neal             Neilson
Norman                 Ott                    Owens
Parker                 Parks                  Pinson
Pitts                  Pope                   Quinn
Rutherford             Ryan                   Sabb
Sandifer               Sellers                Simrill
Skelton                G. M. Smith            G. R. Smith
J. E. Smith            J. R. Smith            Sottile
Spires                 Stavrinakis            Stringer
Tallon                 Taylor                 Thayer
Toole                  Tribble                Vick
Viers                  Weeks                  Whipper
Whitmire               Williams               Willis
Young

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

The following Concurrent Resolution was taken up:

H. 3507 (Word version) -- Reps. Harrell, Cooper, Bingham, Clemmons, Allison, Atwater, Barfield, Bikas, Bowen, Brannon, Corbin, Crosby, Daning, Forrester, Hamilton, Harrison, Henderson, Herbkersman, Hiott, Hixon, Horne, Loftis, Long, McCoy, D. C. Moss, V. S. Moss, Murphy, Parker, Patrick, Quinn, Ryan, Skelton, G. R. Smith, Sottile, Tallon, Taylor, Toole, Whitmire, G. M. Smith, J. R. Smith, Young and Chumley: A CONCURRENT RESOLUTION TO MAKE APPLICATION TO THE CONGRESS OF THE UNITED STATES TO CALL A CONSTITUTIONAL CONVENTION PURSUANT TO ARTICLE V OF THE UNITED STATES CONSTITUTION FOR THE PURPOSE OF PROPOSING A CONSTITUTIONAL AMENDMENT THAT PERMITS THE REPEAL OF ANY FEDERAL LAW OR REGULATION BY VOTE OF TWO-THIRDS OF THE STATE LEGISLATURES.

Rep. COOPER moved to adjourn debate on the Resolution until Tuesday, February 15, which was agreed to.

Rep. BEDINGFIELD moved that the House do now adjourn, which was adopted.

The Senate returned to the House with concurrence the following:

H. 3602 (Word version) -- Reps. Gambrell and Agnew: A CONCURRENT RESOLUTION TO CONGRATULATE TIM KEOWN OF ANDERSON COUNTY ON BEING NAMED 2010 OUTSTANDING YOUNG AGRICULTURAL EDUCATOR IN SOUTH CAROLINA BY THE SOUTH CAROLINA ASSOCIATION OF AGRICULTURAL EDUCATORS.

H. 3627 (Word version) -- Reps. Gambrell, Cooper, Agnew and Thayer: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR BILLY RAY ARFLIN, JR., FRIE-NDSHIP FIRE DEPARTMENT FIREFIGHTER, UPON BEING NAMED THE 2010 ANDERSON COUNTY FIREFIGHTER OF THE YEAR, AND TO EXPRESS DEEP GRATITUDE FOR HIS DEDICATED SERVICE TO THE CITIZENS OF HIS COMMUNITY.

H. 3628 (Word version) -- Reps. Funderburk and Lucas: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND THE NORTH CENTRAL HIGH SCHOOL SHOOTING TEAM OF KERSHAW COUNTY FOR ITS PIONEERING WORK IN THE SHOOTING SPORTS WITHIN SOUTH CAROLINA'S PUBLIC SCHOOLS, AND TO WISH THE TEAM MEMBERS MUCH SUCCESS IN UPCOMING COMPETITIONS.

At 1:18 p.m. the House, in accordance with the motion of Rep. SKELTON, adjourned in memory of Charles Roy Collins of Central, to meet at 10:00 a.m. tomorrow.

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