Indicates Matter Stricken
Indicates New Matter

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

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

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

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

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

The SPEAKER ordered the following Veto printed in the Journal:

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

Dear Mr. Speaker and Members of the House:

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

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

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

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

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

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

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

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

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

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

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

Sincerely,
Mark Sanford
Governor

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

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

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

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

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

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

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

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

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

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

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

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

The following was introduced:

H. 5193 (Word version) -- Reps. Pinson, Parks, M. A. Pitts, Agnew, Alexander, Allen, Anderson, Anthony, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bingham, Bowen, Bowers, Brady, Branham, Brantley, Breeland, G. Brown, R. Brown, Cato, Chalk, Clemmons, Clyburn, Cobb-Hunter, Coleman, Cooper, Cotty, Crawford, Daning, Dantzler, Davenport, Delleney, Duncan, Edge, Erickson, Frye, Funderburk, Gambrell, Govan, Gullick, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Hart, Harvin, Haskins, Hayes, Herbkersman, Hiott, Hodges, Hosey, Howard, Huggins, Hutson, Jefferson, Jennings, Kelly, Kennedy, Kirsh, Knight, Leach, Limehouse, Littlejohn, Loftis, Lowe, Lucas, Mack, Mahaffey, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, Moss, Mulvaney, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Perry, Phillips, E. H. Pitts, Rice, Rutherford, Sandifer, Scarborough, Scott, Sellers, Shoopman, Simrill, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Spires, Stavrinakis, Stewart, Talley, Taylor, Thompson, Toole, Umphlett, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Williams, Witherspoon and Young: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR DR. GARY GOFORTH FOR HIS MANY YEARS OF SERVICE AS A SOUTH CAROLINA FAMILY PHYSICIAN, MEMBER OF THE UNITED STATES ARMED FORCES, AND COMMUNITY LEADER, AND TO WISH DR. AND MRS. GOFORTH WELL AS THEY LEAVE THIS SUMMER TO TEACH IN AFGHANISTAN FOR A YEAR.

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

The following was introduced:

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

The Resolution was adopted.

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

Alexander              Allen                  Anderson
Anthony                Bales                  Bannister
Barfield               Battle                 Bedingfield
Bingham                Bowen                  Bowers
Brady                  Branham                Brantley
Breeland               G. Brown               R. Brown
Cato                   Chalk                  Clemmons
Clyburn                Cobb-Hunter            Coleman
Cooper                 Crawford               Daning
Dantzler               Delleney               Duncan
Edge                   Erickson               Frye
Funderburk             Gambrell               Gullick
Hagood                 Haley                  Hamilton
Hardwick               Harrell                Harrison
Harvin                 Haskins                Hayes
Herbkersman            Hiott                  Hodges
Hosey                  Howard                 Huggins
Hutson                 Jefferson              Jennings
Kelly                  Kennedy                Kirsh
Knight                 Leach                  Limehouse
Littlejohn             Loftis                 Lowe
Lucas                  Mack                   Mahaffey
McLeod                 Merrill                Miller
Moss                   Mulvaney               J. H. Neal
J. M. Neal             Neilson                Owens
Parks                  Perry                  Phillips
Pinson                 E. H. Pitts            M. A. Pitts
Rice                   Sandifer               Scarborough
Scott                  Sellers                Shoopman
Skelton                D. C. Smith            F. N. Smith
G. R. Smith            J. E. Smith            J. R. Smith
W. D. Smith            Spires                 Stavrinakis
Talley                 Taylor                 Thompson
Toole                  Umphlett               Vick
Viers                  Walker                 Weeks
White                  Williams               Witherspoon

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

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

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

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

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

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

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

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

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

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

Rep. Nikki Haley

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

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

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

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

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

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

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

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

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

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

The following Bill was taken up:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

"( )   For the purpose of this section:

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

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

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

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

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

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

Rep. G. M. SMITH explained the amendment.

Reps. KENNEDY and GULLICK requested debate on the Bill.

The amendment was then adopted.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

The following Bill was taken up:

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

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

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

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

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

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

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

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

(1) The complaint by the plaintiff; and

(2) The answer by the defendant.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Rep. HERBKERSMAN explained the amendment.

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

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

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

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

Rep. CRAWFORD moved to table the amendment.

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

Those who voted in the affirmative are:

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

Those who voted in the negative are:

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

So, the House refused to table the amendment.

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

The following Bill was taken up:

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

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

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

(B)   The General Assembly finds that:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(B)   The General Assembly finds that:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Rep. COOPER explained the amendment.

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

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

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

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

The following was introduced:

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

The Resolution was adopted.

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

H. 5196 (Word version) -- Rep. Duncan: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE LAURENS ACADEMY BASEBALL TEAM, COACHES, AND SCHOOL OFFICIALS, AT A DATE AND TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF RECOGNIZING AND COMMENDING THEM ON THEIR OUTSTANDING SEASON AND FOR CAPTURING THE 2008 SOUTH CAROLINA INDEPENDENT SCHOOL ASSOCIATION CLASS A STATE CHAMPIONSHIP TITLE.

Be it resolved by the House of Representatives:

That the privilege of the floor of the South Carolina House of Representatives be extended to the Laurens Academy baseball team, coaches, and school officials, at a date and time to be determined by the Speaker, for the purpose of recognizing and commending them on their outstanding season and for capturing the 2008 South Carolina Independent School Association Class A State Championship title.

The Resolution was adopted.

The following was introduced:

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

The Resolution was adopted.

The following was introduced:

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

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

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

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

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

Rep. SCOTT moved to adjourn debate on the Bill.

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

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

The following Bill was taken up:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

"(A)   The Department of Motor Vehicles may issue special motor vehicle license plates to owners of private passenger motor vehicles registered in their names which may have imprinted on the plate the emblem, a seal, or other symbol the department considers appropriate of an organization which has obtained certification pursuant to either Section 501(C)(3), 501(C)(6), 501(C)(7), or 501(C)(8) of the Federal Internal Revenue Code and maintained this certification for a period of five years. The biennial fee for this special license plate is the regular registration fee set forth in Article 5, Chapter 3 of this title plus an additional fee to be requested by the individual or organization seeking issuance of the plate. The initial fee amount requested may be changed only every five years from the first year the plate is issued. Of the additional fee collected pursuant to this section, the C