South Carolina General Assembly
119th Session, 2011-2012
Journal of the House of Representatives

Wednesday, January 26, 2011
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The House assembled at 1:00 p.m.
Deliberations were opened with prayer by Rev. Charles E. Seastrunk, Jr., as follows:

Our thought for today is from Psalm 111:2: "Great are the works of the Lord, studied by all who delight in them."

Let us pray. Gracious God, transform us by what we learn from Your great works in the world around us. We ask for Your guidance in the many items coming before this assembly, to help lead these men and women in the way, the truth, and the light. Bless our leaders, both National and State, and those who lead us in this assembly, the Speaker and staff, and all who serve in these Halls of Government. Protect our defenders of freedom as they protect us. Heal the wounds, those seen and those unseen, of our brave warriors. Hear us as we pray. 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.

MOTION ADOPTED

Rep. ANDERSON moved that when the House adjourns, it adjourn in memory of Carolyn Haynes Greene of Georgetown, which was agreed to.

REGULATION RECEIVED

The following was received and referred to the appropriate committee for consideration:

Document No. 4159
Agency: Department of Probation, Parole and Pardon Services
Statutory Authority: 1976 Code Sections 24-21-10 et seq.
Sentencing Reform
Received by Speaker of the House of Representatives
January 26, 2011
Referred to Judiciary Committee
Legislative Review Expiration May 26, 2011

REPORTS OF STANDING COMMITTEES

Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report with amendments on:

H. 3095 (Word version) -- Reps. Clemmons, Erickson, Stavrinakis, McCoy, Bowen, Sandifer, Whitmire, Hixon, J. R. Smith, Allison, Long and Toole: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 27-1-70 SO AS TO PROVIDE CERTAIN DEFINITIONS RELATED TO TRANSFER FEE COVENANTS, TO STATE CERTAIN FINDINGS RELATED TO TRANSFER FEE COVENANTS, TO PROVIDE A TRANSFER FEE COVENANT RECORDED AFTER THE EFFECTIVE DATE OF THIS SECTION, OR ANY LIEN TO THE EXTENT THAT IT PURPORTS TO SECURE THE PAYMENT OF A TRANSFER FEE, IS NOT BINDING ON OR ENFORCEABLE AGAINST THE AFFECTED REAL PROPERTY OR ANY SUBSEQUENT OWNER, PURCHASER, OR MORTGAGEE OF ANY INTEREST IN THE PROPERTY, AND TO PROVIDE THE SECTION DOES NOT IMPLY THAT A TRANSFER FEE COVENANT RECORDED BEFORE THE EFFECTIVE DATE OF THIS SECTION IS VALID OR ENFORCEABLE.
Ordered for consideration tomorrow.

Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report on:

H. 3295 (Word version) -- Rep. Herbkersman: A BILL TO AMEND SECTION 61-6-1820, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CRITERIA FOR A NONPROFIT ORGANIZATION TO OBTAIN A LICENSE TO SELL ALCOHOLIC LIQUORS BY THE DRINK, SO AS TO PROVIDE THAT UNDER CERTAIN CONDITIONS A HOMEOWNER'S ASSOCIATION, CHARTERED AS A NONPROFIT ORGANIZATION BY THE SECRETARY OF STATE, WHOSE MEMBERSHIP IS LIMITED TO INDIVIDUALS WHO OWN PROPERTY IN THE RESIDENTIAL COMMUNITY AND WHOSE AFFAIRS ARE GOVERNED BY A BOARD OF DIRECTORS ELECTED BY THE MEMBERSHIP, IS ALSO ELIGIBLE FOR SUCH A LICENSE.
Ordered for consideration tomorrow.

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

H. 3074 (Word version) -- Reps. Barfield, Toole and Viers: A JOINT RESOLUTION TO REQUEST APPROPRIATE ACTION BY THE CONGRESS OF THE UNITED STATES, ON ITS OWN ACTION BY CONSENT OF TWO-THIRDS OF BOTH HOUSES OR ON THE APPLICATION OF THE LEGISLATURES OF TWO-THIRDS OF THE SEVERAL STATES, TO PROPOSE AN AMENDMENT TO THE CONSTITUTION OF THE UNITED STATES TO REQUIRE THAT THE TOTAL OF ALL FEDERAL APPROPRIATIONS MAY NOT EXCEED THE TOTAL OF ALL ESTIMATED FEDERAL REVENUES IN ANY FISCAL YEAR, WITH CERTAIN EXCEPTIONS.
Ordered for consideration tomorrow.

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

H. 3351 (Word version) -- Rep. Cobb-Hunter: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 53-3-75 SO AS TO DECLARE JANUARY SEVENTEENTH OF EACH YEAR AS "EARTHA KITT DAY" IN SOUTH CAROLINA IN HONOR OF THE LATE EARTHA MAE KITT, NATIONALLY AND INTERNATIONALLY KNOWN ACTRESS, SINGER, AND NATIVE SOUTH CAROLINIAN.
Ordered for consideration tomorrow.

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

H. 3117 (Word version) -- Rep. King: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME A PORTION OF CONSTITUTION BOULEVARD IN THE CITY OF ROCK HILL "DR. MARTIN LUTHER KING, JR. MEMORIAL BOULEVARD" AND ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS PORTION OF HIGHWAY THAT CONTAIN THE WORDS "DR. MARTIN LUTHER KING, JR. MEMORIAL BOULEVARD".
Ordered for consideration tomorrow.

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

H. 3253 (Word version) -- Rep. Cobb-Hunter: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF UNITED STATES HIGHWAY 301 IN ORANGEBURG COUNTY FROM ITS INTERSECTION WITH INTERSTATE HIGHWAY 26 TO ITS INTERSECTION WITH HOMESTEAD ROAD "DR. THOMAS L. MOSS MEMORIAL HIGHWAY" AND ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS HIGHWAY THAT CONTAIN THE WORDS "DR. THOMAS L. MOSS MEMORIAL HIGHWAY".
Ordered for consideration tomorrow.

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

H. 3256 (Word version) -- Rep. Herbkersman: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE LANDING AT BUCKINGHAM OFF FOUNDING ISLAND ROAD IN BEAUFORT COUNTY "WILLIAM F. MARSCHER II MEMORIAL LANDING" AND ERECT APPROPRIATE MARKERS OR SIGNS AT THIS LANDING THAT CONTAIN THE WORDS "WILLIAM F. MARSCHER II MEMORIAL LANDING".
Ordered for consideration tomorrow.

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

H. 3302 (Word version) -- Reps. J. E. Smith, Vick, Pinson, Agnew, Allen, Allison, Anderson, Anthony, Atwater, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bikas, Bingham, Bowen, Bowers, Brady, Branham, Brannon, Brantley, G. A. Brown, H. B. Brown, R. L. Brown, Butler Garrick, Chumley, Clemmons, Clyburn, Cobb-Hunter, Cole, Cooper, Corbin, Crawford, Crosby, Daning, Delleney, Dillard, Edge, Erickson, Forrester, Frye, Funderburk, Gambrell, Gilliard, Govan, Hamilton, Hardwick, Harrell, Harrison, Hart, Hayes, Hearn, Henderson, Herbkersman, Hiott, Hixon, Hodges, Horne, Hosey, Howard, Huggins, Jefferson, King, Knight, Limehouse, Loftis, Long, Lowe, Lucas, Mack, McCoy, McEachern, McLeod, Merrill, Mitchell, D. C. Moss, V. S. Moss, Munnerlyn, Murphy, Nanney, J. H. Neal, J. M. Neal, Neilson, Norman, Ott, Owens, Parker, Parks, Pitts, Pope, Quinn, Rutherford, Ryan, Sabb, Sandifer, Sellers, Simrill, Skelton, G. M. Smith, G. R. Smith, J. R. Smith, Sottile, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Toole, Tribble, Viers, Weeks, Whipper, White, Whitmire, Williams, Willis, Young, Patrick, Umphlett and Alexander: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION NAME THAT PORTION OF NATIONAL GUARD ROAD IN RICHLAND COUNTY, SOUTH CAROLINA, BEGINNING AT ITS INTERSECTION WITH BLUFF ROAD AND EXTENDING PAST THE SOUTH CAROLINA NATIONAL GUARD HEADQUARTERS BUILDING (THE TAG BUILDING) TO ITS CONCLUSION AS "STAN SPEARS DRIVE" IN HONOR OF MAJOR GENERAL STANHOPE SIFFORD "STAN" SPEARS, RETIRING ADJUTANT GENERAL OF SOUTH CAROLINA AND A TRULY DISTINGUISHED MILITARY LEADER AND PUBLIC SERVANT OF THIS STATE FOR OVER THIRTY YEARS, AND ERECT APPROPRIATE MARKERS AND SIGNS ALONG THIS ROAD THAT CONTAIN THE WORDS "STAN SPEARS DRIVE".
Ordered for consideration tomorrow.

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

H. 3311 (Word version) -- Reps. Gilliard and Mack: A CONCURRENT RESOLUTION TO URGE OUR FEDERAL, STATE, AND LOCAL GOVERNMENTS, ALONG WITH CHURCHES AND NEIGHBORHOOD ASSOCIATIONS, TO STEP UP THEIR EFFORTS TO ASSIST THE HOMELESS IN LIGHT OF THE NATION'S ECONOMIC DOWNTURN, ADVERSE WEATHER CONDITIONS, AND AN INCREASE IN THE HOMELESS POPULATION.
Ordered for consideration tomorrow.

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

H. 3370 (Word version) -- Rep. Barfield: A CONCURRENT RESOLUTION TO INVITE THE NATIONAL COMMANDER OF THE AMERICAN LEGION, THE HONORABLE JIMMIE FOSTER, TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION IN THE CHAMBER OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES AT 12:30 P.M. ON TUESDAY, MARCH 1, 2011.
Ordered for consideration tomorrow.

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

S. 343 (Word version) -- Senators Knotts, Alexander, Anderson, Bright, Bryant, Campbell, Campsen, Cleary, Coleman, Courson, Cromer, Davis, Elliott, Fair, Ford, Grooms, Hayes, Hutto, Jackson, Land, Leatherman, Leventis, Lourie, Malloy, L. Martin, S. Martin, Massey, Matthews, McConnell, McGill, Nicholson, O'Dell, Peeler, Pinckney, Rankin, Reese, Rose, Ryberg, Scott, Setzler, Sheheen, Shoopman, Thomas, Verdin and Williams: A CONCURRENT RESOLUTION TO INVITE THE NATIONAL COMMANDER OF THE AMERICAN LEGION, THE HONORABLE JIMMIE FOSTER, TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION IN THE CHAMBER OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES AT 12:30 P.M. ON TUESDAY, MARCH 1, 2011.
Ordered for consideration tomorrow.

Rep. OWENS, from the Committee on Education and Public Works, submitted a favorable report on:

H. 3122 (Word version) -- Rep. J. M. Neal: A BILL TO AMEND SECTION 56-3-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEPARTMENT OF MOTOR VEHICLES ISSUANCE OF SPECIAL PERMITS TO MOVE VEHICLES DURING AN EMERGENCY, SO AS TO DELETE THE TERM "MOVE" AND REPLACE IT WITH THE TERM "OPERATE", TO DELETE THE PROVISION THAT RESTRICTS THE ISSUANCE OF THE PERMITS TO EMERGENCY SITUATIONS, TO REMOVE THE RESTRICTION PLACED ON THE NUMBER OF PERMITS THAT MAY BE ISSUED FOR A VEHICLE, AND TO REVISE THE INFORMATION THAT MUST BE SPECIFIED ON THE PERMIT.
Ordered for consideration tomorrow.

Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report on:

H. 3185 (Word version) -- Reps. Harrell, Cooper, Owens, Harrison, Hardwick, Sandifer, Bingham, Atwater, Bowen, Daning, Hamilton, Hiott, Parker, Bannister, J. R. Smith, Tallon, Limehouse, Brady, Willis, Taylor, Young, Spires, Thayer, Long, Pitts, D. C. Moss, Patrick, Edge, Hixon, Norman, Chumley, Huggins, Frye, Pope, Brannon, Umphlett, Delleney, Allison, Bedingfield, Loftis, Crosby, McCoy, Horne, Clemmons, Skelton, Quinn, White, G. R. Smith, Toole, Ballentine, G. M. Smith, Barfield, Sottile, Erickson, Hearn, Murphy, Pinson, Ryan, Stringer, Lucas, Bikas, Gambrell, Corbin, Simrill, Forrester, Henderson and Viers: A BILL TO ENACT THE "SOUTH CAROLINA HIGHER EDUCATION TRANSPARENCY ACT OF 2011" INCLUDING THE PROVISIONS TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-101-355 SO AS TO PROVIDE THAT EACH PUBLIC INSTITUTION OF HIGHER LEARNING MUST MAINTAIN A DETAILED TRANSACTION REGISTER OF ALL FUNDS EXPENDED EACH MONTH AND POST THAT REGISTER ONLINE, TO PROVIDE EXCEPTIONS AND OTHER REQUIREMENTS FOR IMPLEMENTATION, TO PROVIDE THAT EACH PUBLIC INSTITUTION OF HIGHER LEARNING MUST POST ONLINE ALL OF ITS CREDIT CARD STATEMENTS AND THE CREDIT CARD STATEMENTS FOR CREDIT CARDS ISSUED TO ITS OFFICERS AND EMPLOYEES FOR OFFICIAL USE, AND TO PROVIDE THAT IF THE COMPTROLLER GENERAL'S OFFICE POSTS THE SAME CREDIT CARD INFORMATION ON ITS WEBSITE, THE INSTITUTION MAY PROVIDE INFORMATION ON HOW TO ACCESS ITS CREDIT CARD INFORMATION ON THE COMPTROLLER GENERAL'S WEBSITE IN LIEU OF COMPLYING WITH THE ABOVE REQUIREMENTS.
Ordered for consideration tomorrow.

Rep. OWENS, from the Committee on Education and Public Works, submitted a favorable report on:

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

Rep. OWENS, from the Committee on Education and Public Works, submitted a favorable report with amendments on:

H. 3112 (Word version) -- Reps. Allison and G. R. Smith: A BILL TO AMEND SECTION 56-3-1960, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE AND USE OF TEMPORARY AND PERMANENT PARKING PLACARDS BY THE DEPARTMENT OF MOTOR VEHICLES, SO AS TO PROVIDE THAT THE DEPARTMENT SHALL ISSUE A SLEEVE WITH A PLACARD TO ALLOW THE HOLDER TO COVER THE PHOTOGRAPH ON THE PLACARD FROM PUBLIC VIEW, AND TO PROVIDE THAT THE PHOTOGRAPH MUST BE SHOWN WHEN IT IS REQUESTED BY A LAW ENFORCEMENT AGENCY OR ITS AGENTS.
Ordered for consideration tomorrow.

HOUSE RESOLUTION

The following was introduced:

H. 3445 (Word version) -- Reps. Harrison and Allison: A HOUSE RESOLUTION TO AMEND RULE 4.16 OF THE RULES OF THE HOUSE OF REPRESENTATIVES, RELATING TO THE HOUSE ETHICS COMMITTEE'S DUTIES AND PROCEDURES, SO AS TO PROVIDE ADDITIONAL DUTIES, COMPLAINT PROCEDURES, AND PROCEDURES FOR FINDINGS OF PROBABLE CAUSE, TO PROVIDE PENALTIES FOR VIOLATIONS, TO ADD PROVISIONS REGARDING THE RECEIPT OF DOCUMENTS RELATING TO PROCEEDINGS IN ACTIONS TAKEN AGAINST A MEMBER, AND TO PROVIDE PROVISIONS FOR EXPULSION OF A MEMBER OF THE HOUSE OF REPRESENTATIVES UNDER CERTAIN CIRCUMSTANCES.
Referred to the Committee on Rules

INTRODUCTION OF BILLS

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

H. 3446 (Word version) -- Rep. Harrison: A BILL TO AMEND SECTION 62-7-918, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNIFORM PRINCIPLE AND INCOME ACT, SO AS TO PROVIDE FOR THE PROCESS TO DETERMINE THE ALLOCATION OF PAYMENT MADE FROM A SEPARATE FUND TO CERTAIN TRUSTS AND TO PROVIDE COMMENT; AND TO AMEND SECTION 62-7-929, SO AS TO PROVIDE THE SOURCE OF FUNDS THAT MUST PAY FOR A TAX ON A TRUST'S
SHARE OF THE TAXABLE INCOME OF THE ENTITY AND TO PROVIDE COMMENT.
Referred to Committee on Judiciary

H. 3448 (Word version) -- Rep. R. L. Brown: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 27-40-735 SO AS TO PROVIDE A LANDLORD MAY OBTAIN JUDGMENT TO ENFORCE COLLECTION OF RENT BY GARNISHMENT OF THE WAGES OF A TENANT.
Referred to Committee on Judiciary

H. 3449 (Word version) -- Reps. Herbkersman and Skelton: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-61-70 SO AS TO PROVIDE THAT A LIABILITY INSURANCE POLICY ISSUED BY AN INSURER AND COVERING A CONSTRUCTION PROFESSIONAL IN THIS STATE MUST BE BROADLY CONSTRUED IN FAVOR OF COVERAGE, AND TO PROVIDE THAT WORK OF A CONSTRUCTION PROFESSIONAL RESULTING IN PROPERTY DAMAGE IN CERTAIN CIRCUMSTANCES CONSTITUTES AN OCCURRENCE AS COMMONLY DEFINED IN LIABILITY INSURANCE AND IS NOT THE INTENDED OR EXPECTED CONSEQUENCE OF THE WORK OF THE CONSTRUCTION PROFESSIONAL.
Referred to Committee on Labor, Commerce and Industry

H. 3450 (Word version) -- Rep. Harrison: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-13-160 SO AS TO CREATE AN OFFENSE RELATING TO STEALING CERTAIN MERCHANDISE FROM A MERCHANT AND TO PROVIDE A PENALTY; BY ADDING SECTION 8-13-170 SO AS TO DEFINE NECESSARY TERMS, CREATE AN OFFENSE RELATING TO RETAIL THEFT, AND TO PROVIDE A PENALTY; AND TO AMEND SECTION 16-13-180, AS AMENDED, RELATING TO RECEIVING STOLEN GOODS, SO AS TO INCLUDE RECEIVING OR POSSESSING STOLEN GOODS WHEN THE PERSON IS ON NOTICE BY LAW ENFORCEMENT THAT THE GOODS ARE STOLEN.
Referred to Committee on Judiciary

H. 3456 (Word version) -- Reps. White, G. M. Smith, Pitts and Battle: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-11-240 SO AS TO CREATE THE OTHER FUNDS OVERSIGHT COMMITTEE TO REVIEW AND EXAMINE THE SOURCE OF OTHER FUNDS IN THIS STATE AND TO MAKE RECOMMENDATIONS TO THE GENERAL ASSEMBLY, TO PROVIDE FOR ITS MEMBERSHIP, TO PROVIDE THAT ALL AGENCIES MUST COOPERATE WITH THE COMMITTEE, AND TO REQUIRE THE STATE BUDGET OFFICE TO NOTIFY THE COMMITTEE OF ANY REQUEST FOR AN INCREASE IN INTERIM BUDGET AUTHORIZATION.
Referred to Committee on Ways and Means

S. 6 (Word version) -- Senators Leatherman, McGill, Rose, McConnell, Campsen, Fair, Setzler and Alexander: A BILL TO RATIFY AN AMENDMENT TO SECTION 36(A), ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE GENERAL RESERVE FUND, TO INCREASE FROM THREE TO FIVE PERCENT THE AMOUNT OF STATE GENERAL FUND REVENUE IN THE LATEST COMPLETED FISCAL YEAR REQUIRED TO BE HELD IN THE GENERAL RESERVE FUND; AND TO RATIFY AN AMENDMENT TO SECTION 36(B) OF ARTICLE III, RELATING TO THE CAPITAL RESERVE FUND, TO PROVIDE THAT MONIES IN THE CAPITAL RESERVE FUND, IN ANY YEAR THE GENERAL RESERVE FUND DOES NOT HAVE THE REQUIRED PERCENTAGE OF GENERAL FUND REVENUE, FIRST MUST BE USED TO FULLY REPLENISH THE APPLICABLE PERCENTAGE AMOUNT IN THE GENERAL RESERVE FUND BEFORE BEING USED FOR OTHER AUTHORIZED PURPOSES WHICH DO NOT INCLUDE OFFSETTING MIDYEAR BUDGET REDUCTIONS.
Referred to Committee on Ways and Means

HOUSE RESOLUTION

The following was introduced:

H. 3447 (Word version) -- Rep. G. A. Brown: A HOUSE RESOLUTION TO RECOGNIZE AND HONOR RICHARD GAYLE KERR OF LEE COUNTY UPON THE OCCASION OF HIS EIGHTIETH BIRTHDAY AND TO WISH HIM MANY YEARS OF CONTINUED HEALTH AND HAPPINESS.

The Resolution was adopted.

CONCURRENT RESOLUTION

The following was introduced:

H. 3451 (Word version) -- Reps. Delleney, Clemmons and Mack: A CONCURRENT RESOLUTION TO FIX NOON ON WEDNESDAY, FEBRUARY 2, 2011, AS THE TIME TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE COURT OF APPEALS, SEAT 1, WHOSE TERM WILL EXPIRE JUNE 30, 2011; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE COURT OF APPEALS, SEAT 2, WHOSE TERM WILL EXPIRE JUNE 30, 2011; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT FOR THE FIFTH JUDICIAL CIRCUIT, SEAT 1, TO FILL THE UNEXPIRED TERM THAT EXPIRES JUNE 30, 2013; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT FOR THE THIRTEENTH JUDICIAL CIRCUIT, SEAT 2, TO FILL THE UNEXPIRED TERM THAT EXPIRES JUNE 30, 2012, AND THE SUBSEQUENT FULL TERM THAT EXPIRES JUNE 30, 2018; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT AT LARGE, SEAT 9, TO FILL THE UNEXPIRED TERM THAT EXPIRES JUNE 30, 2015; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT FOR THE NINTH JUDICIAL CIRCUIT, SEAT 1, TO FILL THE SUBSEQUENT FULL TERM THAT EXPIRES JUNE 30, 2016.

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

HOUSE RESOLUTION

The following was introduced:

H. 3452 (Word version) -- Reps. J. E. Smith, Agnew, Alexander, Allen, Allison, Anderson, Anthony, Atwater, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bikas, Bingham, Bowen, Bowers, Brady, Branham, Brannon, Brantley, G. A. Brown, H. B. Brown, R. L. Brown, Butler Garrick, Chumley, Clemmons, Clyburn, Cobb-Hunter, Cole, Cooper, Corbin, Crawford, Crosby, Daning, Delleney, Dillard, Edge, Erickson, Forrester, Frye, Funderburk, Gambrell, Gilliard, Govan, Hamilton, Hardwick, Harrell, Harrison, Hart, Hayes, Hearn, Henderson, Herbkersman, Hiott, Hixon, Hodges, Horne, Hosey, Howard, Huggins, Jefferson, King, Knight, Limehouse, Loftis, Long, Lowe, Lucas, Mack, McCoy, McEachern, McLeod, Merrill, Mitchell, D. C. Moss, V. S. Moss, Munnerlyn, Murphy, Nanney, J. H. Neal, J. M. Neal, Neilson, Norman, Ott, Owens, Parker, Parks, Patrick, Pinson, Pitts, Pope, Quinn, Rutherford, Ryan, Sabb, Sandifer, Sellers, Simrill, Skelton, G. M. Smith, G. R. Smith, J. R. Smith, Sottile, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Toole, Tribble, Umphlett, Vick, Viers, Weeks, Whipper, White, Whitmire, Williams, Willis and Young: A HOUSE RESOLUTION TO COMMEND THE UNITED STATES PEACE CORPS FOR ITS MANY YEARS OF PROMOTING PEACE AND FRIENDSHIP AROUND THE WORLD, TO CONGRATULATE THE ORGANIZATION ON THE OCCASION OF ITS FIFTIETH ANNIVERSARY, AND TO HONOR THE RETURNED PEACE CORPS VOLUNTEERS OF SOUTH CAROLINA ON ITS TWENTY-FIFTH ANNIVERSARY.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 3453 (Word version) -- Reps. Clyburn, Young and Taylor: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE AIKEN HIGH SCHOOL VOLLEYBALL TEAM, COACHES, AND SCHOOL OFFICIALS, AT A DATE AND TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF BEING RECOGNIZED AND COMMENDED ON WINNING THE 2010 CLASS AAAA STATE CHAMPIONSHIP TITLE.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 3454 (Word version) -- Reps. Clyburn, Young and Taylor: A HOUSE RESOLUTION TO RECOGNIZE AND COMMEND THE AIKEN HIGH SCHOOL VOLLEYBALL TEAM FOR ITS OUTSTANDING SEASON AND FOR CAPTURING THE 2010 CLASS AAAA STATE CHAMPIONSHIP TITLE, AND TO HONOR THE TEAM'S EXCEPTIONAL PLAYERS, COACHES, AND STAFF.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 3455 (Word version) -- Rep. Hiott: A HOUSE RESOLUTION TO CONGRATULATE THE LIBERTY HIGH SCHOOL COMPETITIVE CHEER TEAM ON WINNING THE 2010 CLASS AA STATE CHAMPIONSHIP TITLE, AND TO HONOR THE TEAM AND HEAD COACH MISSY RICKEN ON A SUPERLATIVE SEASON.

The Resolution was adopted.

CONCURRENT RESOLUTION

The following was introduced:

H. 3457 (Word version) -- Reps. Harrison, Agnew, Alexander, Allen, Allison, Anderson, Anthony, Atwater, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bikas, Bingham, Bowen, Bowers, Brady, Branham, Brannon, Brantley, G. A. Brown, H. B. Brown, R. L. Brown, Butler Garrick, Chumley, Clemmons, Clyburn, Cobb-Hunter, Cole, Cooper, Corbin, Crawford, Crosby, Daning, Delleney, Dillard, Edge, Erickson, Forrester, Frye, Funderburk, Gambrell, Gilliard, Govan, Hamilton, Hardwick, Harrell, Hart, Hayes, Hearn, Henderson, Herbkersman, Hiott, Hixon, Hodges, Horne, Hosey, Howard, Huggins, Jefferson, King, Knight, Limehouse, Loftis, Long, Lowe, Lucas, Mack, McCoy, McEachern, McLeod, Merrill, Mitchell, D. C. Moss, V. S. Moss, Munnerlyn, Murphy, Nanney, J. H. Neal, J. M. Neal, Neilson, Norman, Ott, Owens, Parker, Parks, Patrick, Pinson, Pitts, Pope, Quinn, Rutherford, Ryan, Sabb, Sandifer, Sellers, Simrill, Skelton, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, Sottile, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Toole, Tribble, Umphlett, Vick, Viers, Weeks, Whipper, White, Whitmire, Williams, Willis and Young: A CONCURRENT RESOLUTION TO CONGRATULATE DAVID F. WILLIAMS, DEPUTY DIRECTOR OF THE LEGISLATIVE COUNCIL, UPON THE OCCASION OF HIS WELL-DESERVED RETIREMENT, TO COMMEND HIM FOR THIRTY-TWO YEARS OF OUTSTANDING SERVICE TO THE COUNCIL AND THE SOUTH CAROLINA GENERAL ASSEMBLY, TO ACKNOWLEDGE HIS CONTRIBUTIONS TO BOTH, AND TO WISH HIM MUCH HAPPINESS AND FULFILLMENT IN ALL OF HIS FUTURE ENDEAVORS.

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

ROLL CALL

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

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

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Wednesday, January 26.

Paul Agnew                        Don Bowen
Chris Hart                        H. B. "Chip" Limehouse
Dwight Loftis                     Lewis E. Pinson
David Weeks                       Thad Viers
James Merrill                     Gilda Cobb-Hunter
Wendell Gilliard                  Boyd Brown
Terry Alexander                   Ralph Norman
Daniel Cooper

Total Present--121

LEAVE OF ABSENCE

The SPEAKER granted Rep. KNIGHT a leave of absence for the day due to medical reasons.

LEAVE OF ABSENCE

The SPEAKER granted Rep. COOPER a temporary leave of absence due to business reasons.

DOCTOR OF THE DAY

Announcement was made that Dr. Brant Parramore of Greenwood was the Doctor of the Day for the General Assembly.

CO-SPONSORS ADDED AND REMOVED

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

CO-SPONSORS ADDED

Bill Number:   H. 3002 (Word version)
Date:   ADD:
01/26/11   WHITE and GAMBRELL

CO-SPONSORS ADDED

Bill Number:   H. 3003 (Word version)
Date:   ADD:
01/26/11   BRADY, HERBKERSMAN, NANNEY, BRANNON and WHITMIRE

CO-SPONSOR ADDED

Bill Number:   H. 3040 (Word version)
Date:   ADD:
01/26/11   BUTLER GARRICK

CO-SPONSOR ADDED

Bill Number:   H. 3043 (Word version)
Date:   ADD:
01/26/11   HENDERSON

CO-SPONSOR ADDED

Bill Number:   H. 3066 (Word version)
Date:   ADD:
01/26/11   HENDERSON

CO-SPONSOR ADDED

Bill Number:   H. 3196 (Word version)
Date:   ADD:
01/26/11   TOOLE

CO-SPONSOR ADDED

Bill Number:   H. 3203 (Word version)
Date:   ADD:
01/26/11   TOOLE

CO-SPONSOR ADDED

Bill Number:   H. 3226 (Word version)
Date:   ADD:
01/26/11   BALLENTINE

CO-SPONSOR ADDED

Bill Number:   H. 3250 (Word version)
Date:   ADD:
01/26/11   BALLENTINE

CO-SPONSORS ADDED

Bill Number:   H. 3346 (Word version)
Date:   ADD:
01/26/11   MCCOY and SOTTILE

CO-SPONSORS ADDED

Bill Number:   H. 3375 (Word version)
Date:   ADD:
01/26/11   MCCOY, TALLON and STRINGER

CO-SPONSORS ADDED

Bill Number:   H. 3291 (Word version)
Date:   ADD:
01/26/11   BINGHAM, HENDERSON, BARFIELD, OWENS, PATRICK, ALLISON, FORRESTER, PARKER, TALLON, COLE, BRANNON, CHUMLEY, LOFTIS, BOWEN, HIOTT, SANDIFER, WHITE, BRADY, ERICKSON, MURPHY, HARRELL, MCCOY, LONG and G. R. SMITH

CO-SPONSORS ADDED

Bill Number:   H. 3292 (Word version)
Date:   ADD:
01/26/11   BINGHAM, HIXON, BARFIELD, PATRICK, LOFTIS, UMPHLETT, BOWEN, OWENS, MURPHY, HIOTT, BIKAS, SANDIFER, WHITE, MCCOY, HEARN, PARKER, ERICKSON, LONG, HENDERSON, TAYLOR and G. R. SMITH

CO-SPONSOR ADDED

Bill Number:   H. 3375 (Word version)
Date:   ADD:
01/26/11   LONG

CO-SPONSOR ADDED

Bill Number:   H. 3095 (Word version)
Date:   ADD:
01/26/11   LONG and TOOLE

CO-SPONSOR ADDED

Bill Number:   H. 3235 (Word version)
Date:   ADD:
01/26/11   YOUNG

CO-SPONSORS ADDED

Bill Number:   H. 3246 (Word version)
Date:   ADD:
01/26/11   AGNEW and GAMBRELL

CO-SPONSOR ADDED

Bill Number:   H. 3372 (Word version)
Date:   ADD:
01/26/11   VICK

CO-SPONSOR ADDED

Bill Number:   H. 3374 (Word version)
Date:   ADD:
01/26/11   VICK

CO-SPONSOR ADDED

Bill Number:   H. 3375 (Word version)
Date:   ADD:
01/26/11   HAYES

CO-SPONSORS ADDED

Bill Number:   H. 3410 (Word version)
Date:   ADD:
01/26/11   WILLIAMS, DANING, QUINN, BRANNON, J. M. NEAL, BOWEN, PATRICK, NORMAN, WHITMIRE, WILLIS, THAYER and ERICKSON

CO-SPONSOR ADDED

Bill Number:   H. 3423 (Word version)
Date:   ADD:
01/26/11   VICK

CO-SPONSOR ADDED

Bill Number:   H. 3430 (Word version)
Date:   ADD:
01/26/11   VICK

CO-SPONSOR ADDED

Bill Number:   H. 3270 (Word version)
Date:   ADD:
01/26/11   BUTLER GARRICK

CO-SPONSOR REMOVED

Bill Number:   H. 3109 (Word version)
Date:   REMOVE:
01/26/11   DANING

ORDERED TO THIRD READING

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

H. 3416 (Word version) -- Reps. D. C. Moss, King and Pope: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAYS MISSED ON JANUARY 10, 11, 12, AND 13, 2011, BY THE STUDENTS OF YORK COUNTY SCHOOL DISTRICT ONE WHEN THE SCHOOLS WERE CLOSED DUE TO SNOW ARE EXEMPT FROM THE REQUIREMENT THAT FULL SCHOOL DAYS MISSED DUE TO SNOW, EXTREME WEATHER, OR OTHER DISRUPTIONS BE MADE UP.

H. 3243 (Word version) -- Reps. Pinson, Pitts and Parks: A BILL TO AMEND ACT 595 OF 1994, AS AMENDED, RELATING TO THE ELECTION OF MEMBERS OF THE BOARD OF TRUSTEES OF GREENWOOD SCHOOL DISTRICT 50 IN GREENWOOD COUNTY, SO AS TO PROVIDE THAT IF THE NUMBER OF CANDIDATES FOR THE BOARD OF TRUSTEES IS EQUAL TO OR LESS THAN THE NUMBER OF POSITIONS TO BE FILLED, THE COUNTY ELECTION COMMISSION SHALL DECLARE THOSE CANDIDATES ELECTED.

H. 3434 (Word version) -- Reps. Lucas, Neilson and Williams: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAYS MISSED ON JANUARY 10, 11, 12, AND 13, 2011, BY THE STUDENTS OF DARLINGTON COUNTY SCHOOL DISTRICT WHEN THE SCHOOLS WERE CLOSED DUE TO SNOW ARE EXEMPT FROM THE MAKE-UP REQUIREMENT THAT FULL SCHOOL DAYS MISSED DUE TO SNOW, EXTREME WEATHER, OR OTHER DISRUPTIONS BE MADE UP.

H. 3436 (Word version) -- Reps. D. C. Moss and V. S. Moss: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY REPEALING ACT 606 OF 1973, RELATING TO THE CREATION AND DUTIES OF THE CHEROKEE COUNTY HISTORICAL COMMISSION.

H. 3444 (Word version) -- Reps. Funderburk, Lucas and Butler Garrick: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAYS MISSED ON JANUARY 12, 13, AND 14, 2011, BY THE STUDENTS OF KERSHAW COUNTY SCHOOL DISTRICT WHEN THE SCHOOLS WERE CLOSED DUE TO SNOW ARE EXEMPT FROM THE MAKE-UP REQUIREMENT THAT FULL SCHOOL DAYS MISSED DUE TO SNOW, EXTREME WEATHER, OR OTHER DISRUPTIONS BE MADE UP.

SENT TO THE SENATE

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

H. 3285 (Word version) -- Reps. Ballentine, Young, Viers and Huggins: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE LEGISLATIVE DEPARTMENT, BY ADDING SECTION 22A SO AS TO REQUIRE CERTAIN BILLS AND JOINT RESOLUTIONS TO RECEIVE A RECORDED ROLL CALL VOTE AT VARIOUS STAGES OF THEIR PASSAGE BY THE HOUSE OF REPRESENTATIVES AND THE SENATE.

H. 3192 (Word version) -- Reps. Merrill and Horne: A BILL TO AMEND SECTION 6-1-970, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM IMPACT FEES AUTHORIZED TO BE LEVIED UNDER THE SOUTH CAROLINA DEVELOPMENT IMPACT FEE ACT, SO AS TO EXEMPT FROM THE IMPACT FEE CONSTRUCTION OF AN ELEMENTARY, MIDDLE, OR SECONDARY SCHOOL FACILITY, OR REPLACING, RENOVATING, OR REPAIRING AN ELEMENTARY, MIDDLE, OR SECONDARY SCHOOL FACILITY, DESIGNED AND USED PRIMARILY FOR THE INSTRUCTION OF STUDENTS, AND TO MAKE THESE PROVISIONS RETROACTIVE TO JULY 1, 2008.

H. 3399 (Word version) -- Reps. Rutherford and Owens: A BILL TO AMEND JOINT RESOLUTION 263 OF 1998 RELATING TO THE GRANTING OF CONCURRENT FEDERAL LAW ENFORCEMENT JURISDICTION OVER THE NATIONAL ADVOCACY CENTER LOCATED ON THE COLUMBIA CAMPUS OF THE UNIVERSITY OF SOUTH CAROLINA IN RICHLAND COUNTY, SO AS TO EXTEND THAT CONCURRENT FEDERAL JURISDICTION TO ADJACENT FEDERALLY OCCUPIED PROPERTY AND TO THE INN AT USC AND THE KIRKLAND APARTMENT BUILDING LOCATED RESPECTIVELY AT 1619 PENDLETON STREET AND 1611 PENDLETON STREET IN THE CITY OF COLUMBIA, SOUTH CAROLINA AND TO DESIGNATE THE TEXT OF JOINT RESOLUTION 263 OF 1998, AS AMENDED BY THIS ACT, AS SECTION 3-3-350 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976.

ORDERED TO THIRD READING

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

H. 3415 (Word version) -- Reps. Henderson, Allen, Bannister, Bedingfield, Bikas, Corbin, Hamilton, Loftis, G. R. Smith, Stringer and Willis: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAYS MISSED ON JANUARY 12 AND 13, 2011, BY THE STUDENTS OF GREENVILLE COUNTY SCHOOL DISTRICT WHEN THE SCHOOLS WERE CLOSED DUE TO SNOW ARE EXEMPT FROM THE REQUIREMENT THAT FULL SCHOOL DAYS MISSED DUE TO SNOW, EXTREME WEATHER, OR OTHER DISRUPTIONS BE MADE UP.

H. 3433--DEBATE ADJOURNED

Rep. HERBKERSMAN moved to adjourn debate upon the following Bill until Thursday, February 3, which was adopted:

H. 3433 (Word version) -- Reps. Herbkersman and Patrick: A BILL TO AMEND SECTION 7-7-110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN BEAUFORT COUNTY, SO AS TO REVIEW AND RENAME CERTAIN VOTING PRECINCTS OF BEAUFORT COUNTY AND TO REDESIGNATE A MAP NUMBER FOR THE MAP ON WHICH LINES OF THESE PRECINCTS ARE DELINEATED AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICS OF THE STATE BUDGET AND CONTROL BOARD.

H. 3278--SENATE AMENDMENTS CONCURRED IN AND BILL ENROLLED

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

H. 3278 (Word version) -- Rep. Harrison: A JOINT RESOLUTION TO PROVIDE THAT UNTIL JUNE 30, 2011, THERE ARE NO LIMITATIONS AS TO TYPES OF APPLICANTS OR ORGANIZATIONS WHO MAY APPLY FOR A SPECIAL FIFTEEN-DAY BEER AND WINE PERMIT AUTHORIZED BY SECTION 61-4-550 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, IN ORDER TO TEMPORARILY CORRECT AN IMPROVIDENTLY ENACTED PROVISION IN 2010 RESTRICTING THE ISSUANCE OF THESE PERMITS TO ONLY NONPROFIT ORGANIZATIONS UNTIL SUCH TIME AS THE GENERAL ASSEMBLY CONSIDERS AND ENACTS PERMANENT GENERAL LAW CHANGES TO EFFECTUATE THIS CORRECTION.

Rep. HARRISON explained the Senate Amendments.

The yeas and nays were taken resulting as follows:

Yeas 101; Nays 0

Those who voted in the affirmative are:

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

Total--101

Those who voted in the negative are:

Total--0

The Senate Amendments were concurred in and a message was ordered sent to the Senate accordingly.

RECORD FOR VOTING

I was temporarily out of the Chamber meeting with Sen. Harvey Peeler and Chief Mike Sonefeld of the Irmo Fire District during the vote on H. 3278. If I had been present, I would have voted in favor of the Senate Amendments to the Bill.

Rep. Chip Huggins

MOTION PERIOD

The motion period was dispensed with on motion of Rep. ALLISON.

H. 3003--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

H. 3003 (Word version) -- Reps. Clemmons, Harrell, Lucas, Bingham, Harrison, Cooper, Owens, Sandifer, Allison, Ballentine, Bannister, Barfield, Bowen, Cole, Crawford, Daning, Delleney, Forrester, Frye, Gambrell, Hamilton, Hardwick, Hiott, Horne, Huggins, Limehouse, Loftis, Long, Lowe, Merrill, V. S. Moss, Norman, Parker, G. M. Smith, G. R. Smith, Sottile, Stringer, Toole, Umphlett, Viers, White, Crosby, Thayer, Simrill, Ryan, McCoy, Murphy, Atwater, Henderson, Quinn, Tallon, Patrick, J. R. Smith, Hixon, Taylor, Young, Bedingfield, Corbin, Pitts, Chumley, Spires, Pope, Bikas, Pinson, D. C. Moss, Erickson, Willis, Brady, Herbkersman, Nanney, Brannon and Whitmire: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-3-70 SO AS TO REQUIRE THE STATE ELECTION COMMISSION TO CREATE A LIST CONTAINING ALL REGISTERED VOTERS WHO ARE QUALIFIED TO VOTE, BUT DO NOT HAVE A SOUTH CAROLINA DRIVER'S LICENSE OR OTHER FORM OF IDENTIFICATION CONTAINING A PHOTOGRAPH ISSUED BY THE DEPARTMENT OF MOTOR VEHICLES AS OF JANUARY 1, 2013, AND TO REQUIRE THE DEPARTMENT TO FURNISH A LIST OF PERSONS WITH A SOUTH CAROLINA DRIVER'S LICENSE OR OTHER FORM OF IDENTIFICATION CONTAINING A PHOTOGRAPH ISSUED BY THE DEPARTMENT AT NO CHARGE TO THE COMMISSION; BY ADDING SECTION 7-5-675 SO AS TO REQUIRE THE STATE ELECTION COMMISSION TO IMPLEMENT A SYSTEM IN ORDER TO ISSUE VOTER REGISTRATION CARDS WITH A PHOTOGRAPH OF THE ELECTOR; TO REQUIRE THE STATE ELECTION COMMISSION TO ESTABLISH AN AGGRESSIVE VOTER EDUCATION PROGRAM CONCERNING THE PROVISIONS OF THIS ACT; TO AMEND SECTION 7-1-25, RELATING TO THE DEFINITION OF "DOMICILE", SO AS TO PROVIDE FACTORS TO CONSIDER IN DETERMINING A PERSON'S INTENTION REGARDING HIS DOMICILE; TO AMEND SECTION 7-3-20, AS AMENDED, RELATING TO THE RESPONSIBILITIES OF THE EXECUTIVE DIRECTOR OF THE STATE ELECTION COMMISSION, SO AS TO REQUIRE THE EXECUTIVE DIRECTOR TO MAINTAIN IN A MASTER FILE A SEPARATE DESIGNATION FOR ABSENTEE AND EARLY VOTING IN A GENERAL ELECTION; TO AMEND SECTION 7-5-125, RELATING TO THE ISSUANCE OF A WRITTEN NOTIFICATION OF REGISTRATION TO VOTE, SO AS TO PROVIDE FOR THE ISSUANCE OF A DUPLICATE NOTIFICATION IF THE ELECTOR TO WHOM IT WAS ORIGINALLY ISSUED LOSES OR DEFACES IT; TO AMEND SECTION 7-5-230, AS AMENDED, RELATING TO THE BOARDS OF REGISTRATION BEING THE JUDGES OF THE LEGAL QUALIFICATIONS OF ALL APPLICANTS FOR REGISTRATION, SO AS TO ADD A REFERENCE TO SECTION 7-1-25 AND DELETE CERTAIN CRITERIA USED WHEN CONSIDERING A CHALLENGE REGARDING THE RESIDENCE OF AN ELECTOR; TO AMEND SECTION 7-13-710, AS AMENDED, RELATING TO THE PRESENTATION OF A PERSON'S PROOF OF HIS RIGHT TO VOTE, SO AS TO REQUIRE PHOTOGRAPH IDENTIFICATION TO VOTE, PROVIDING FOR PROVISIONAL BALLOTS IF THE IDENTIFICATION CANNOT BE PRODUCED AND PROVIDE FOR CERTAIN EXCEPTIONS, TO REQUIRE A POLL MANAGER TO COMPARE THE PHOTOGRAPH ON THE REQUIRED IDENTIFICATION WITH THE PERSON PRESENTING HIMSELF TO VOTE AND VERIFY THAT THE PHOTOGRAPH IS THAT OF THE PERSON SEEKING TO VOTE; TO AMEND SECTION 7-15-330, AS AMENDED, RELATING TO THE TIME OF APPLICATION FOR AN ABSENTEE BALLOT, SO AS TO DELETE REFERENCES TO AN AUTHORIZED REPRESENTATIVE REQUESTING AN APPLICATION FOR A QUALIFIED ELECTOR; TO AMEND SECTION 7-15-385, AS AMENDED, RELATING TO THE MARKING AND RETURNING OF THE ABSENTEE BALLOT, SO AS TO REQUIRE THE BOARD OF REGISTRATION TO RECORD, INSTEAD OF NOTE, CERTAIN PROCEDURES REGARDING THE RETURN OF THE ABSENTEE BALLOT; TO AMEND SECTION 56-1-3350, AS AMENDED, RELATING TO THE ISSUANCE OF SPECIAL IDENTIFICATION CARDS BY THE DEPARTMENT OF MOTOR VEHICLES, SO AS TO REQUIRE THE DEPARTMENT OF MOTOR VEHICLES TO PROVIDE FREE IDENTIFICATION CARDS UPON REQUEST UNDER CERTAIN CIRCUMSTANCES; AND TO REPEAL SECTION 7-15-470 RELATING TO THE PROHIBITION OF VOTING ON A VOTING MACHINE FOR IN-PERSON ABSENTEE VOTING.

The Judiciary Committee proposed the following Amendment No. 1 (COUNCIL\GGS\22728ZW11), which was adopted:
Amend the bill, as and if amended, by deleting Section 7-5-675, as contained in SECTION 2, page 3, lines 23-25, and inserting:
/   "Section 7-5-675.   The State Elections Commission shall implement a system in order to issue voter registration cards with a photograph of the elector. This voter registration card may be used for voting purposes only." /
Amend the bill further, by deleting Section 7-3-20(C)(13) in its entirety, as contained in SECTION 4, page 5, lines 21-23, and inserting:
/     (13)   enter into the master file a separate designation each for voters casting absentee ballots in a general election." /
Amend the bill further, by deleting Section 7-13-710(A) in its entirety, as contained in SECTION 7, pages 6 and 7, and inserting:
/   "Section   7-13-710.   (A)   When any a person presents himself to vote, he shall produce his a valid and current:

(1)   South Carolina driver's license; or

(2)   other form of identification containing a photograph issued by the Department of Motor Vehicles, if he is not licensed to drive, or the written notification of registration provided for by Sections 7-5-125 and 7-5-180 if the notification has been signed by the elector.; or

(3)   passport; or

(4)   military identification containing a photograph issued by the federal government; or

(5)   South Carolina voter registration card containing a photograph of the voter pursuant to Section 7-5-675. /

If the elector loses or defaces his registration notification, he may obtain a duplicate notification from his county board of registration upon request in person, or by telephone or mail. /
Amend the bill further, by deleting Section 56-1-3350(A) in its entirety, as contained in SECTION 10, page 11, lines 1 - 8, and inserting:
/   "Section 56-1-3350.   (A)   Upon application by a person ten five years of age or older who is a resident of South Carolina, the department shall issue a special identification card as long as:

(1)   the application is made on a form approved and furnished by the department; and

(2)   the applicant presents to the person issuing the identification card a birth certificate or other evidence acceptable to the department of his name and date of birth. /
Amend the bill further, by deleting Section 56-1-3350(E) in its entirety, as contained in SECTION 10, page 12, lines 3 - 14, and inserting:
/   (E)   The fees collected pursuant to this section must be credited to the Department of Transportation State Non-Federal Aid Highway Fund as provided in the following schedule based on the actual date of receipt by the Department of Motor Vehicles:
Fees and Penalties General Fund Department of
Collected After of the State Transportation
State Non-Federal
Aid Highway Fund
June 30, 2005 60 percent 40 percent
June 30, 2006 20 percent 80 percent
June 30, 2007 0 percent 100 percent.
Upon full implementation of Section 7-5-675 by the State Election Commission, the department may resume charging a five dollar fee for all special identification cards. The State Election Commission shall certify to the department that Section 7-5-675 has been implemented statewide prior to the department reinstating fees for the issuance of special identification cards to persons seventeen years of age or older."/
Amend the bill further, SECTION 12(6) in its entirety, page 12, lines 37 - 39, and inserting:

/(6)   Place an advertisement describing the changes in this legislation in South Carolina newspapers of general circulation at the same time as advertisements for primary or general elections are placed. /
Amend the bill further, SECTION 12, page 13, line 9, by adding an appropriately numbered item to read:

/( )   The State Election Commission shall implement necessary accommodations to allow voting in each county to comply with the Help America Vote Act. /
Renumber sections to conform.
Amend title to conform.

Rep. CLYBURN spoke upon the amendment.

POINT OF ORDER

Rep. SELLERS raised the Point of Order that H. 3003 violated House Rule 5.13 because the Fiscal Impact Statement attached to the Bill was insufficient in that it did not include appropriate fiscal impact information concerning the Department of Transportation. He stated further that the absence of this information made the Fiscal Impact Statement invalid and therefore in violation of House Rule 5.13.
SPEAKER HARRELL overruled the Point of Order. The SPEAKER stated that the appropriate agency in charge of dispensing Fiscal Impact Statements for this legislation was the Budget Office of the Budget and Control Board. He stated that the Fiscal Impact Statement satisfied the requirements of House Rule 5.13. Therefore, the SPEAKER overruled the Point of Order.

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

On motion of Rep. SELLERS, with unanimous consent, Rep. SELLERS's remarks were ordered printed in the Journal as follows:

Over the past weeks our country has watched visceral comments from wells such as this turn to hatred and tragedy. It undoubtedly is not a sin or a stone cast by one of a particular party but in contrast we are all guilty of creating an environment that lacks civil discourse. We must therefore continue to uphold and honor the mantel which we have been chosen to carry.
Furthermore, our rhetoric, which I will discuss here today, must be addressed. It is the language that we have not been held accountable for that concerns me the most.
Just last evening United States Representatives Michele Bachmann and Paul Ryan, along with the President of the United States, Barack Obama, discussed our federal deficit. Representative Bachmann stated how Americans "implored Washington to stop spending money they don't have..." Representative Ryan stated, "A few years ago reducing spending was important. Today it's imperative."
However, today our South Carolina House Republican Caucus has made a pivot and refused to embrace their own campaign trail, and many times, Tea Party rhetoric. House Bill 3003 costs the taxpayers of South Carolina 1.24 million dollars, this on top of our historic current crushing $830 million state deficit. Making their first agenda item and top priority a bill that increases our state's deficit is offensive to the taxpayers of this State. This is not a mandate from Barack Obama. This is not a mandate from Nancy Pelosi. This is a mandate from Governor Nikki Haley and the South Carolina House of Republicans and the question is for what?
Some of my colleagues have attempted to frame and define this legislation as simply having a driver's license to vote. Many have made the trivial statement that if an ID is required to buy a pharmaceutical why not be required to vote. This simplistic and faulty logic is offensive to the basic principles of freedom. Benjamin Franklin wrote, "Freedom is not a gift bestowed on us by other men, but a right that belongs to us by the laws of God and Nature."
Our State and its leadership, Mr. Speaker, are suffering from historical amnesia in efforts to win at any cost. This fundamental disconnect between the ideals of the House GOP and reality led to last year's unfortunate but timely walk-out by the South Carolina Legislative Black Caucus.
Mr. Speaker many people fought.
Mr. Speaker many people went to prison.
Mr. Speaker many died, so that all would have the fundamental right to vote. It's appalling that 178,000 qualified taxpayers will lose their right to vote if this Bill is signed into law. A travesty with no reasoning and no justification. The United States Attorney's Office has stated, "Our office had 3 investigations in 2005, but none led to criminal indictments being filed." The South Carolina Election Commission has had no prosecuted cases before 2010, and only 1 issue after our Gubernatorial Election in 2010, with extremely high turnout, which was an investigation level issue. Yet, we spend $1.24 million.
My colleagues on Judiciary discussed the difficulty in prosecuting these cases and the need for tools to do such to protect against voter fraud. However, our current statutory code has the following criminal statutes to specifically target the types of voter fraud identified by House Bill 3003:
Section 7-25-10 False swearing in applying for registration.
Section 7-25-20 Fraudulent registration or voting.
Section 7-25-110 Voting more than once at elections.
Section 7-25-150 Swearing falsely at elections or taking oath in another's name.
Our criminal code further has provisions relating to combating voter identification fraud, and although not addressed in House Bill 3003, go further to prevent voter fraud:
Section 7-25-160 Willful neglect or corrupt conduct on part of poll managers.
Section 7-25-170. Willful neglect or corrupt conduct by officers other than managers.
Section 7-25-190 Illegal conduct at elections generally.
Section 7-5-325 Address changes given under oath; fraud; penalties.
So again we are spending $1.24 million with laws already intact to provide the necessary protection. This logic leads one to believe that this voter suppression Bill is wrought with disingenuous intent, so why are we spending over $1 million and where is it going to come from?
This spending monstrosity goes even further to disenfranchise those among us who most need our care and attention. Section 8 of this Bill is an attack on our seniors and disabled. Under this legislation only the voter, not a family member, can request an absentee ballot. In addition, the request would have to be made in person or through the mail. This change will be a severe barrier to our seniors, the infirm, and those with disabilities.
Further, Section 11, by eliminating in person absentee voting on machines, those among us who are blind or have seriously impaired vision and cannot get to the polls on election day will not have access to a secret ballot. They could not vote in secret because they could not see the paper ballot. How absurd and unjust is that? Moreover, this fix cannot be had without an even greater cost to this fiscally irresponsible voter suppression Bill.
It further demonstrates the disingenuous intent of this Bill. It begs the questions:
How is Mrs. Johnson in Bamberg County who is 75 with chronic arthritis going to vote?
How are the residents of Shadow Oaks Nursing Home in Aiken (Rep. Young) going to vote?
How are the residents of White Oak Manor Nursing Home in York (Mr. Norman) going to vote?
How are the residents of Laurel Crest Nursing Home in Lexington (Mr. Ballentine) going to vote?
Who is going to fight for the fundamental rights and freedoms of our seniors, disabled, and infirm that this Bill tramples on?
1.2 million dollars, 1.2 million dollars, 1.2 million dollars, and for those of you that think that is simply a drop in the bucket, 1.2 million dollars helps to save the Arts Commission. 1.2 million dollars helps save ETV. 1.2 million dollars saves 32 teachers jobs. 1.2 million dollars saves 29 firefighters jobs. 1.2 million dollars saves 31 police officers jobs.
South Carolina taxpayers need to be mindful and wary. Before our eyes, freedom and liberty is being dismantled. Governor Haley is raising salaries while asking core functions of government to work at a deficit. Republicans in this State are spending when it's not needed and more importantly, when we don't have it, while callously threatening the future of many generations of unborn South Carolinians. It is my hope that the South Carolina Republican Caucus, the South Carolina Tea Party, and Governor Nikki Haley for once begin to embrace their own rhetoric.
Thank you Mr. Speaker.

Rep. WILLIAMS spoke against the amendment.

ACTING SPEAKER BINGHAM IN CHAIR

Rep. JEFFERSON spoke against the amendment.

SPEAKER IN CHAIR

Rep. OTT spoke against the amendment.
Rep. G. A. BROWN spoke against the amendment.
Rep. J. H. NEAL spoke against the amendment.
Rep. HOWARD spoke against the amendment.
Rep. HOWARD spoke against the amendment.

LEAVE OF ABSENCE

The SPEAKER granted Rep. SANDIFER a temporary leave of absence.

Rep. HART spoke against the amendment.

STATEMENT FOR THE JOURNAL

I do not believe requiring a photo ID is necessary based on 212 years of history:
1789-1800 - No Voter ID
1800-1900 - No Voter ID
1900-2000 - No Voter ID
2000-2007 - No Voter ID
2008 - Record # Voter Turnout for Barack Obama
2009 - South Carolina Republicans push Voter ID

Rep. Chris Hart

Rep. WEEKS spoke against the amendment.
Rep. WEEKS spoke against the amendment.
Rep. MACK spoke against the amendment.
Rep. MACK spoke against the amendment.

The question then recurred to the adoption of the amendment.

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

Yeas 73; Nays 41

Those who voted in the affirmative are:

Allison                Atwater                Ballentine
Bannister              Barfield               Bedingfield
Bikas                  Bingham                Bowen
Bowers                 Brady                  Brannon
Chumley                Clemmons               Cole
Crawford               Crosby                 Daning
Delleney               Erickson               Forrester
Frye                   Funderburk             Gambrell
Hamilton               Hardwick               Harrell
Harrison               Hearn                  Henderson
Herbkersman            Hiott                  Hixon
Horne                  Huggins                Limehouse
Loftis                 Long                   Lowe
Lucas                  McCoy                  McLeod
D. C. Moss             V. S. Moss             Murphy
Nanney                 Norman                 Owens
Parker                 Patrick                Pinson
Pitts                  Pope                   Quinn
Ryan                   Simrill                Skelton
G. M. Smith            G. R. Smith            J. R. Smith
Sottile                Spires                 Stringer
Tallon                 Taylor                 Thayer
Toole                  Tribble                Umphlett
White                  Whitmire               Willis
Young

Total--73

Those who voted in the negative are:

Agnew                  Alexander              Allen
Anderson               Anthony                Bales
Battle                 Branham                Brantley
G. A. Brown            H. B. Brown            R. L. Brown
Butler Garrick         Clyburn                Cobb-Hunter
Dillard                Gilliard               Govan
Hart                   Hayes                  Hodges
Hosey                  Howard                 Jefferson
King                   Mack                   McEachern
Mitchell               Munnerlyn              J. H. Neal
J. M. Neal             Neilson                Parks
Rutherford             Sabb                   Sellers
J. E. Smith            Stavrinakis            Weeks
Whipper                Williams

Total--41

So, the amendment was adopted.

RECORD FOR VOTING

I was temporarily out of the Chamber on constituent business during the vote on Amendment No. 1, the Judiciary Committee Amendment to H. 3003, the Voter ID Bill. If I had been present, I would have voted in favor of Amendment No. l.

Rep. Tom Corbin

RECORD FOR VOTING

I was not in the Chamber during the vote on Amendment No. 1 to H. 3003, due to attending an education requirement for my insurance license. Had I been present during the vote on Amendment No. 1 to H. 3003, I would have voted in favor of the amendment. I regret not being able to cast my vote in favor of Amendment No. 1 to H. 3003.

Rep. Dan Cooper

Rep. McEACHERN proposed the following Amendment No. 2 (COUNCIL\GGS\22736ZW11), which was tabled:
Amend the bill, as and if amended, SECTION 7, pages 3003-2, lines 5-20, by striking Section 7-13-710(a) in its entirety and inserting:
/   "Section   7-13-710.   (A)   When any a person presents himself to vote, he shall produce his a valid :

(1)   South Carolina driver's license; or

(2)   other form of identification containing a photograph issued by the Department of Motor Vehicles, if he is not licensed to drive, or the written notification of registration provided for by Sections 7-5-125 and 7-5-180 if the notification has been signed by the elector.; or

(3)   passport; or

(4)   military identification containing a photograph issued by the federal government; or

(5)   South Carolina voter registration card containing a photograph of the voter pursuant to Section 7-5-675; or

(6)   employee identification card containing a photograph of the voter and issued by a branch, department, agency, or entity of the United States government, this State, or a county, municipality, board, authority, or another entity of this State.

If the elector loses or defaces his registration notification, he may obtain a duplicate notification from his county board of registration upon request in person, or by telephone or mail.   /

Renumber sections to conform.
Amend title to conform.

Rep. MCEACHERN explained the amendment.

Rep. CLEMMONS moved to table the amendment.

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

Yeas 83; Nays 28

Those who voted in the affirmative are:

Allison                Atwater                Ballentine
Bannister              Barfield               Bedingfield
Bikas                  Bingham                Bowen
Brady                  Brannon                Brantley
Butler Garrick         Chumley                Clemmons
Cobb-Hunter            Cole                   Corbin
Crawford               Crosby                 Daning
Delleney               Dillard                Erickson
Forrester              Frye                   Gambrell
Hamilton               Hardwick               Harrell
Harrison               Hart                   Hearn
Henderson              Herbkersman            Hiott
Hixon                  Horne                  Hosey
Huggins                King                   Limehouse
Loftis                 Long                   Lowe
Lucas                  Mack                   McCoy
Mitchell               D. C. Moss             V. S. Moss
Murphy                 Nanney                 J. H. Neal
Norman                 Parker                 Parks
Patrick                Pinson                 Pope
Quinn                  Ryan                   Sellers
Simrill                Skelton                G. M. Smith
G. R. Smith            J. R. Smith            Sottile
Spires                 Stringer               Tallon
Taylor                 Thayer                 Toole
Tribble                Umphlett               Whipper
White                  Whitmire               Williams
Willis                 Young

Total--83

Those who voted in the negative are:

Agnew                  Alexander              Allen
Anderson               Anthony                Bales
Battle                 Bowers                 Branham
G. A. Brown            H. B. Brown            R. L. Brown
Clyburn                Funderburk             Gilliard
Govan                  Hayes                  Hodges
Jefferson              McEachern              McLeod
Munnerlyn              J. M. Neal             Neilson
Rutherford             Sabb                   J. E. Smith
Weeks

Total--28

So, the amendment was tabled.

RECORD FOR VOTING

I was not in the Chamber during the vote on Amendment No. 2 to H. 3003, due to attending an education requirement for my insurance license. Had I been present during the vote on Amendment No. 2 to H. 3003, I would have voted to table the amendment. I regret not being able to cast my vote in opposition of Amendment No. 2 to H. 3003.

Rep. Dan Cooper

LEAVE OF ABSENCE

The SPEAKER granted Rep. LOFTIS a temporary leave of absence due to a meeting with the Governor.

LEAVE OF ABSENCE

The SPEAKER granted Rep. ANDERSON a leave of absence for the remainder of the day to attend a previously scheduled event in Charleston.

Rep. J. E. SMITH proposed the following Amendment No. 4 (COUNCIL\GGS\22864ZW11), which was tabled:
Amend the bill, as and if amended, by deleting SECTIONS 8, 9, and 11 in their entirety.
Renumber sections to conform.
Amend title to conform.

Rep. J. E. SMITH explained the amendment.
Rep. J. E. SMITH spoke in favor of the amendment.
Rep. CLEMMONS spoke against the amendment.

Rep. CLEMMONS moved to table the amendment.

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

Yeas 69; Nays 42

Those who voted in the affirmative are:

Allison                Atwater                Ballentine
Bannister              Barfield               Bedingfield
Bikas                  Bingham                Bowen
Brady                  Chumley                Clemmons
Cole                   Corbin                 Crawford
Crosby                 Daning                 Delleney
Erickson               Forrester              Frye
Gambrell               Hamilton               Hardwick
Harrell                Harrison               Henderson
Herbkersman            Hiott                  Hixon
Horne                  Huggins                Limehouse
Loftis                 Long                   Lowe
Lucas                  McCoy                  Mitchell
D. C. Moss             V. S. Moss             Murphy
Nanney                 J. H. Neal             Norman
Parker                 Pinson                 Pitts
Pope                   Quinn                  Ryan
Simrill                Skelton                G. M. Smith
G. R. Smith            J. R. Smith            Sottile
Spires                 Stringer               Tallon
Taylor                 Thayer                 Toole
Tribble                Umphlett               White
Whitmire               Willis                 Young

Total--69

Those who voted in the negative are:

Agnew                  Alexander              Allen
Anthony                Bales                  Battle
Bowers                 Branham                Brantley
G. A. Brown            H. B. Brown            R. L. Brown
Butler Garrick         Clyburn                Cobb-Hunter
Dillard                Funderburk             Gilliard
Govan                  Hart                   Hayes
Hodges                 Hosey                  Howard
Jefferson              King                   Mack
McEachern              McLeod                 Munnerlyn
J. M. Neal             Neilson                Parks
Rutherford             Sabb                   Sellers
J. E. Smith            Stavrinakis            Vick
Weeks                  Whipper                Williams

Total--42

So, the amendment was tabled.

RECORD FOR VOTING

I was not in the Chamber during the vote on Amendment No. 4 to H. 3003, due to attending an education requirement for my insurance license. Had I been present during the vote on Amendment No. 4 to H. 3003, I would have voted to table the amendment. I regret not being able to cast my vote in opposition of Amendment No. 4 to H. 3003.

Rep. Dan Cooper

Rep. J. E. SMITH proposed the following Amendment No. 5 (COUNCIL\MS\7163AHB11), which was tabled:
Amend the bill, as and if amended, Section 7-13-710, as contained in SECTION 7, by adding and appropriately lettered subsection at the end to read:
/   ( )   The provisions of this section requiring a person to provide identification as delineated in subsection (A) do not apply to persons:

(1)   sixty-five years of age or older; or

(2)   with a temporary or permanent physical disability." /
Renumber sections to conform.
Amend title to conform.

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

Rep. CLEMMONS moved to table the amendment.

Rep. R. L. BROWN demanded the yeas and nays which were taken, resulting as follows:

Yeas 70; Nays 42

Those who voted in the affirmative are:

Allison                Atwater                Ballentine
Bannister              Barfield               Bedingfield
Bikas                  Bingham                Bowen
Brady                  Brannon                Chumley
Clemmons               Cole                   Corbin
Crawford               Crosby                 Daning
Delleney               Erickson               Forrester
Frye                   Gambrell               Hamilton
Hardwick               Harrell                Harrison
Hearn                  Henderson              Herbkersman
Hiott                  Hixon                  Horne
Huggins                Limehouse              Long
Lowe                   Lucas                  McCoy
D. C. Moss             V. S. Moss             Murphy
Nanney                 Norman                 Owens
Parker                 Patrick                Pinson
Pitts                  Pope                   Quinn
Ryan                   Simrill                Skelton
G. M. Smith            G. R. Smith            J. R. Smith
Sottile                Spires                 Stringer
Tallon                 Taylor                 Thayer
Toole                  Tribble                Umphlett
Viers                  White                  Whitmire
Young

Total--70

Those who voted in the negative are:

Agnew                  Alexander              Allen
Anthony                Bales                  Battle
Bowers                 Branham                Brantley
R. L. Brown            Butler Garrick         Clyburn
Cobb-Hunter            Dillard                Funderburk
Gilliard               Govan                  Hart
Hayes                  Hodges                 Hosey
Howard                 Jefferson              King
Mack                   McEachern              McLeod
Mitchell               Munnerlyn              J. H. Neal
J. M. Neal             Neilson                Parks
Rutherford             Sabb                   Sellers
J. E. Smith            Stavrinakis            Vick
Weeks                  Whipper                Williams

Total--42

So, the amendment was tabled.

RECORD FOR VOTING

I was not in the Chamber during the vote on Amendment No. 5 to H. 3003, due to attending an education requirement for my insurance license. Had I been present during the vote on Amendment No. 5 to H. 3003, I would have voted to table the amendment. I regret not being able to cast my vote in opposition of Amendment No. 5 to H. 3003.

Rep. Dan Cooper

Rep. J. E. SMITH proposed the following Amendment No. 6 (COUNCIL\MS\7166AHB11), which was adopted:
Amend the bill, as and if amended, by deleting Section 7-15-385(D), as contained in SECTION 9, page 10, lines 36 and 37, and inserting:
/   (D)   The board must securely shall store securely the envelopes in a locked box within the office of the registration board." /
Renumber sections to conform.
Amend title to conform.

Rep. J. E. SMITH explained the amendment.
The amendment was then adopted.

RECORD FOR VOTING

I was not in the Chamber during the voice vote on Amendment No. 6 to H. 3003 due to attending an education requirement for my insurance license. Had I been present during the vote on Amendment No. 26 to H. 3003, I would have voted in favor of the amendment. I regret not being able to cast my vote in favor of Amendment No. 6 to H. 3003.

Rep. Dan Cooper

Rep. J. E. SMITH proposed the following Amendment No. 8 (COUNCIL\GGS\22863ZW11), which was tabled:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/   SECTION   ___.   Article 1, Chapter 13, Title 7 of the 1976 Code is amended by adding:

"Section 7-13-25.   (A)   Notwithstanding the provision of this chapter or Chapter 5 of this title, the authority charged by law with conducting an election shall establish a procedure by which a qualified elector may register to vote and cast his ballot, without excuse, during an early voting period. The qualified elector may accomplish this at a voting place, in his county of residence, that is established as an early voting center by the county boards of election.

(B)   Early voting centers shall allow duly registered voters of that county to vote outside their precinct.

(C)   Early voting centers must be established and maintained to ensure that voters may cast only one ballot.

(D)   A qualified elector, who is registered, may cast his ballot at an early voting center established by the county boards of election.

(E)   Each county board of elections shall establish a minimum of one early voting center.

(F)   The early voting period begins seventeen days before the statewide primary or general election and ends three days before it.

(G)   A qualified elector must be able to register, in person, and vote at his county's early voting center during all hours of operation.

(H)   The county boards of election shall determine the locations and hours of operation for early voting centers. These locations and hours of operation for the early voting centers must be posted pursuant to the provisions of Section 30-4-80.

(I)   A sign must be posted prominently in an early voting center and must have printed on it 'VOTING MORE THAN ONCE IS A CRIME THAT WILL BE CAUGHT AND PROSECUTED'.

(J)   All diligence must be given in locating early voting centers to ensure convenient and accessible facilities in which to vote."   /
Renumber sections to conform.
Amend title to conform.

Rep. J. E. SMITH explained the amendment.

Rep. CLEMMONS moved to table the amendment.

Rep. J. E. SMITH demanded the yeas and nays which were taken, resulting as follows:

Yeas 69; Nays 41

Those who voted in the affirmative are:

Allison                Atwater                Ballentine
Bannister              Barfield               Bedingfield
Bikas                  Bingham                Bowen
Brady                  Brannon                Chumley
Clemmons               Cole                   Corbin
Crawford               Crosby                 Daning
Delleney               Erickson               Forrester
Frye                   Gambrell               Hamilton
Harrell                Harrison               Hearn
Henderson              Herbkersman            Hiott
Hixon                  Horne                  Huggins
Limehouse              Loftis                 Long
Lowe                   McCoy                  D. C. Moss
V. S. Moss             Murphy                 Nanney
Norman                 Owens                  Parker
Patrick                Pinson                 Pitts
Pope                   Quinn                  Ryan
Simrill                Skelton                G. M. Smith
G. R. Smith            J. R. Smith            Sottile
Spires                 Stringer               Tallon
Taylor                 Thayer                 Toole
Tribble                Umphlett               Viers
White                  Whitmire               Young

Total--69

Those who voted in the negative are:

Agnew                  Allen                  Anthony
Bales                  Battle                 Bowers
Branham                Brantley               H. B. Brown
R. L. Brown            Butler Garrick         Clyburn
Cobb-Hunter            Dillard                Funderburk
Gilliard               Govan                  Hayes
Hodges                 Hosey                  Howard
Jefferson              King                   Mack
McEachern              McLeod                 Mitchell
Munnerlyn              J. H. Neal             J. M. Neal
Neilson                Parks                  Rutherford
Sabb                   Sellers                J. E. Smith
Stavrinakis            Vick                   Weeks
Whipper                Williams

Total--41

So, the amendment was tabled.

RECORD FOR VOTING

I was not in the Chamber during the vote on Amendment No. 8 to H. 3003 due to attending an education requirement for my insurance license. Had I been present during the vote on Amendment No. 8 to H. 3003, I would have voted to table the amendment. I regret not being able to cast my vote in opposition of Amendment No. 8 to H. 3003   Rep. Dan Cooper

Rep. SELLERS proposed the following Amendment No. 18 (COUNCIL\MS\7174AHB11), which was tabled:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION at the end to read.
/ SECTION   __.   State dollars or appropriations may not be used to implement the provisions of this act. /
Renumber sections to conform.
Amend title to conform.

Rep. SELLERS explained the amendment.

Rep. CLEMMONS moved to table the amendment.

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

Yeas 69; Nays 41

Those who voted in the affirmative are:

Allison                Atwater                Bannister
Barfield               Bedingfield            Bikas
Bingham                Bowen                  Brady
Brannon                Chumley                Clemmons
Cole                   Corbin                 Crawford
Crosby                 Daning                 Delleney
Erickson               Forrester              Frye
Gambrell               Hamilton               Hardwick
Harrell                Harrison               Hearn
Henderson              Herbkersman            Hiott
Hixon                  Horne                  Huggins
Limehouse              Long                   Lowe
Lucas                  McCoy                  D. C. Moss
V. S. Moss             Murphy                 Nanney
Norman                 Owens                  Parker
Patrick                Pinson                 Pitts
Pope                   Quinn                  Ryan
Simrill                Skelton                G. M. Smith
G. R. Smith            J. R. Smith            Sottile
Spires                 Stringer               Tallon
Taylor                 Thayer                 Toole
Tribble                Umphlett               Viers
White                  Whitmire               Young

Total--69

Those who voted in the negative are:

Agnew                  Alexander              Anthony
Bales                  Battle                 Bowers
Branham                Brantley               H. B. Brown
R. L. Brown            Butler Garrick         Clyburn
Cobb-Hunter            Dillard                Funderburk
Gilliard               Govan                  Hart
Hayes                  Hodges                 Hosey
Howard                 Jefferson              King
Mack                   McEachern              McLeod
Mitchell               Munnerlyn              J. H. Neal
J. M. Neal             Neilson                Parks
Rutherford             Sabb                   Sellers
J. E. Smith            Stavrinakis            Vick
Whipper                Williams

Total--41

So, the amendment was tabled.

RECORD FOR VOTING

I was not in the Chamber during the vote on Amendment No. 18 to H. 3003 due to attending an education requirement for my insurance license. Had I been present during the vote on Amendment No. 18 to H. 3003, I would have voted to table the amendment. I regret not being able to cast my vote in opposition of Amendment No. 18 to H. 3003.

Rep. Dan Cooper

Rep. LOWE proposed the following Amendment No. 22 (COUNCIL\MS\7176AHB11), which was ruled out of order:
Amend the bill, as and if amended, by adding an appropriately numbered section to read:
/   SECTION   ___.   Article 1, Chapter 13, Title 7 of the 1976 Code is amended by adding:

"Section 7-13-73.   When making appointments of poll managers pursuant to Section 7-13-72, the commissioners of election must attempt to appoint managers who represent the racial and gender composition of the precinct."   /
Renumber sections to conform.
Amend title to conform.

Rep. LOWE explained the amendment.

POINT OF ORDER

Rep. HART raised the Point of Order that under Rule 9.3 Amendment No. 22 was out of order in that it was not germane to the Bill. He argued this Amendment referred to poll managers and the selection of poll workers while the Bill dealt with voters and their identification.
SPEAKER HARRELL sustained the Point of Order and ruled Amendment No. 22 was out of order.

Rep. LOWE proposed the following Amendment No. 26 (COUNCIL\MS\7183AHB11), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/   SECTION   ___.   Article 7, Chapter 13, Title 7 of the 1976 Code is amended by adding:

"Section 7-13-862.   Poll managers shall allow poll watchers to sit directly behind the poll managers responsible for voter identification and verification for the purpose of observing and hearing the voting process including, but not limited to, the observance and verification of the provisions of Section 7-13-60 concerning voter identification."   /
Renumber sections to conform.
Amend title to conform.

Rep. LOWE explained the amendment.

POINT OF ORDER

Rep. HART raised the Point of Order that Amendment No. 26 was out of order in that it was not germane to the Bill. Rep. HART argued the Amendment did not refer to the identification of voters.
Rep. SELLERS argued in favor of the point.
SPEAKER HARRELL overruled the Point of Order. He stated that the scope of the Bill was about voter identification and the process for verifying the identification. He stated that the Amendment concerned the process whereby poll managers and poll watchers would participate in the process of verifying a voter's identification. Therefore, he overruled the Point of Order.

Rep. LOWE continued speaking.

Rep. HART moved to table the amendment.

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

Yeas 35; Nays 77

Those who voted in the affirmative are:

Agnew                  Alexander              Allen
Bowers                 Brantley               H. B. Brown
R. L. Brown            Butler Garrick         Clyburn
Cobb-Hunter            Dillard                Funderburk
Gilliard               Govan                  Hart
Hodges                 Hosey                  Howard
Jefferson              King                   Mack
McEachern              McLeod                 Mitchell
Munnerlyn              J. H. Neal             Parks
Pope                   Rutherford             Sabb
Sellers                J. E. Smith            Weeks
Whipper                Williams

Total--35

Those who voted in the negative are:

Allison                Anthony                Atwater
Bales                  Ballentine             Bannister
Barfield               Battle                 Bedingfield
Bikas                  Bingham                Bowen
Brady                  Branham                Brannon
Chumley                Clemmons               Cole
Corbin                 Crawford               Crosby
Delleney               Erickson               Forrester
Frye                   Gambrell               Hamilton
Hardwick               Harrell                Harrison
Hayes                  Hearn                  Henderson
Herbkersman            Hiott                  Hixon
Horne                  Huggins                Limehouse
Loftis                 Long                   Lowe
Lucas                  McCoy                  V. S. Moss
Murphy                 Nanney                 J. M. Neal
Neilson                Norman                 Owens
Parker                 Patrick                Pinson
Pitts                  Quinn                  Ryan
Simrill                Skelton                G. M. Smith
G. R. Smith            J. R. Smith            Sottile
Spires                 Stringer               Tallon
Taylor                 Thayer                 Toole
Tribble                Umphlett               Vick
Viers                  White                  Whitmire
Willis                 Young

Total--77

So, the House refused to table the amendment.

The question then recurred to the adoption of the amendment.

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

Yeas 79; Nays 31

Those who voted in the affirmative are:

Allison                Anthony                Atwater
Bales                  Ballentine             Bannister
Barfield               Battle                 Bedingfield
Bikas                  Bingham                Bowen
Brady                  Branham                Brannon
Chumley                Clemmons               Cole
Corbin                 Crawford               Crosby
Daning                 Delleney               Erickson
Forrester              Frye                   Funderburk
Gambrell               Hardwick               Harrell
Harrison               Hayes                  Hearn
Henderson              Herbkersman            Hiott
Hixon                  Horne                  Huggins
Limehouse              Loftis                 Long
Lowe                   Lucas                  McCoy
Merrill                D. C. Moss             V. S. Moss
Murphy                 Nanney                 J. M. Neal
Neilson                Norman                 Owens
Parker                 Patrick                Pinson
Pitts                  Pope                   Quinn
Ryan                   Simrill                Skelton
G. M. Smith            G. R. Smith            J. R. Smith
Sottile                Spires                 Stringer
Tallon                 Taylor                 Thayer
Umphlett               Vick                   Viers
White                  Whitmire               Willis
Young

Total--79

Those who voted in the negative are:

Agnew                  Alexander              Allen
Bowers                 Brantley               H. B. Brown
Butler Garrick         Clyburn                Cobb-Hunter
Dillard                Gilliard               Govan
Hart                   Hodges                 Hosey
Howard                 Jefferson              King
Mack                   McEachern              McLeod
Mitchell               Munnerlyn              J. H. Neal
Parks                  Rutherford             Sabb
J. E. Smith            Weeks                  Whipper
Williams

Total--31

So, the amendment was adopted.

RECORD FOR VOTING

I was not in the Chamber during the vote on Amendment No. 26 to H. 3003 due to attending an education requirement for my insurance license. Had I been present during the vote on Amendment No. 26 to H. 3003, I would have voted in favor of the amendment. I regret not being able to cast my vote in favor of Amendment No. 26 to H. 3003.

Rep. Dan Cooper

Rep. J. E. SMITH proposed the following Amendment No. 27 (COUNCIL\MS\7185AHB11), which was tabled:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION at the end to read:
/   SECTION ___.   The provisions of this act do not take effect unless and until the General Assembly appropriates 1.3 million dollars to implement the provisions of this act.   /
Renumber sections to conform.
Amend title to conform.

Rep. J. E. SMITH explained the amendment.

Rep. CLEMMONS moved to table the amendment.

Rep. J. E. SMITH demanded the yeas and nays which were taken, resulting as follows:

Yeas 72; Nays 42

Those who voted in the affirmative are:

Allison                Atwater                Ballentine
Bannister              Barfield               Bedingfield
Bikas                  Bingham                Bowen
Brady                  Brannon                Chumley
Clemmons               Cole                   Corbin
Crawford               Crosby                 Daning
Delleney               Erickson               Forrester
Frye                   Gambrell               Hardwick
Harrell                Harrison               Hearn
Henderson              Herbkersman            Hiott
Hixon                  Horne                  Huggins
Limehouse              Loftis                 Long
Lowe                   Lucas                  McCoy
Merrill                D. C. Moss             V. S. Moss
Murphy                 Nanney                 Norman
Owens                  Parker                 Patrick
Pinson                 Pitts                  Pope
Quinn                  Ryan                   Simrill
Skelton                G. M. Smith            G. R. Smith
J. R. Smith            Sottile                Spires
Stringer               Tallon                 Taylor
Thayer                 Toole                  Tribble
Umphlett               Viers                  White
Whitmire               Willis                 Young

Total--72

Those who voted in the negative are:

Agnew                  Alexander              Allen
Anthony                Bales                  Battle
Bowers                 Branham                Brantley
H. B. Brown            R. L. Brown            Butler Garrick
Clyburn                Dillard                Funderburk
Gilliard               Govan                  Hart
Hayes                  Hodges                 Hosey
Howard                 Jefferson              King
Mack                   McEachern              McLeod
Mitchell               Munnerlyn              J. H. Neal
J. M. Neal             Neilson                Parks
Rutherford             Sabb                   Sellers
J. E. Smith            Stavrinakis            Vick
Weeks                  Whipper                Williams

Total--42

So, the amendment was tabled.

RECORD FOR VOTING

I was not in the Chamber during the vote on Amendment No. 27 to H. 3003 due to attending an education requirement for my insurance license. Had I been present during the vote on Amendment No. 27 to H. 3003, I would have voted to table the amendment. I regret not being able to cast my vote in opposition of Amendment No. 27 to H. 3003.

Rep. Dan Cooper

Rep. GOVAN spoke against the Bill.
Rep. RUTHERFORD spoke against the Bill.

SPEAKER PRO TEMPORE IN CHAIR

Rep. HART moved to continue the Bill.

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

Yeas 43; Nays 76

Those who voted in the affirmative are:

Agnew                  Alexander              Allen
Anthony                Bales                  Battle
Bowers                 Branham                Brantley
G. A. Brown            H. B. Brown            R. L. Brown
Butler Garrick         Clyburn                Cobb-Hunter
Dillard                Funderburk             Gilliard
Govan                  Harrison               Hart
Hayes                  Hodges                 Hosey
Howard                 Jefferson              King
Mack                   McEachern              McLeod
Mitchell               Munnerlyn              J. H. Neal
J. M. Neal             Ott                    Parks
Rutherford             Sabb                   Sellers
J. E. Smith            Weeks                  Whipper
Williams

Total--43

Those who voted in the negative are:

Allison                Atwater                Ballentine
Bannister              Barfield               Bedingfield
Bikas                  Bingham                Bowen
Brady                  Brannon                Chumley
Clemmons               Cole                   Cooper
Corbin                 Crawford               Crosby
Daning                 Delleney               Erickson
Forrester              Frye                   Gambrell
Hamilton               Hardwick               Harrell
Hearn                  Henderson              Herbkersman
Hiott                  Hixon                  Horne
Huggins                Limehouse              Loftis
Long                   Lowe                   Lucas
McCoy                  Merrill                D. C. Moss
V. S. Moss             Murphy                 Nanney
Neilson                Norman                 Owens
Parker                 Patrick                Pinson
Pitts                  Pope                   Quinn
Ryan                   Sandifer               Simrill
Skelton                G. M. Smith            G. R. Smith
J. R. Smith            Sottile                Spires
Stringer               Tallon                 Taylor
Thayer                 Toole                  Tribble
Umphlett               Vick                   Viers
White                  Whitmire               Willis
Young

Total--76

So, the House refused to continue the Bill.

SPEAKER IN CHAIR

Rep. WEEKS moved to recommit the Bill to the Committee on Judiciary.
Rep. CLEMMONS moved to table the motion.

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

Yeas 81; Nays 36

Those who voted in the affirmative are:

Allison                Atwater                Ballentine
Bannister              Barfield               Battle
Bedingfield            Bikas                  Bingham
Bowen                  Brady                  Brannon
Butler Garrick         Chumley                Clemmons
Cole                   Cooper                 Corbin
Crawford               Crosby                 Daning
Delleney               Erickson               Forrester
Frye                   Gambrell               Hamilton
Hardwick               Harrell                Harrison
Hart                   Hearn                  Henderson
Herbkersman            Hiott                  Hixon
Horne                  Howard                 Huggins
Limehouse              Loftis                 Long
Lowe                   Lucas                  McCoy
Merrill                D. C. Moss             V. S. Moss
Murphy                 Nanney                 J. M. Neal
Neilson                Norman                 Owens
Parker                 Patrick                Pinson
Pitts                  Pope                   Quinn
Ryan                   Sandifer               Simrill
Skelton                G. M. Smith            G. R. Smith
J. R. Smith            Sottile                Spires
Stringer               Tallon                 Taylor
Thayer                 Toole                  Tribble
Umphlett               Vick                   Viers
Whitmire               Willis                 Young

Total--81

Those who voted in the negative are:

Agnew                  Alexander              Allen
Bales                  Bowers                 Branham
Brantley               G. A. Brown            H. B. Brown
R. L. Brown            Clyburn                Cobb-Hunter
Dillard                Funderburk             Gilliard
Govan                  Hayes                  Hodges
Hosey                  Jefferson              King
Mack                   McEachern              McLeod
Mitchell               Munnerlyn              J. H. Neal
Ott                    Parks                  Rutherford
Sabb                   Sellers                J. E. Smith
Weeks                  Whipper                Williams

Total--36

So, the motion to recommit the Bill was tabled.

The question then recurred to the passage of the Bill on second reading.

Pursuant to Rule 7.7 the yeas and nays were taken resulting as follows:

Yeas 74; Nays 45

Those who voted in the affirmative are:

Allison                Atwater                Ballentine
Bannister              Barfield               Bedingfield
Bikas                  Bingham                Bowen
Brady                  Brannon                Chumley
Clemmons               Cole                   Cooper
Corbin                 Crawford               Crosby
Daning                 Delleney               Erickson
Forrester              Frye                   Gambrell
Hamilton               Hardwick               Harrell
Harrison               Hearn                  Henderson
Herbkersman            Hiott                  Hixon
Horne                  Huggins                Limehouse
Long                   Lowe                   Lucas
McCoy                  Merrill                D. C. Moss
V. S. Moss             Murphy                 Nanney
Norman                 Owens                  Parker
Patrick                Pinson                 Pitts
Pope                   Quinn                  Ryan
Sandifer               Simrill                Skelton
G. M. Smith            G. R. Smith            J. R. Smith
Sottile                Spires                 Stringer
Tallon                 Taylor                 Thayer
Toole                  Tribble                Umphlett
Viers                  White                  Whitmire
Willis                 Young

Total--74

Those who voted in the negative are:

Agnew                  Alexander              Allen
Anthony                Bales                  Battle
Bowers                 Branham                Brantley
G. A. Brown            H. B. Brown            R. L. Brown
Butler Garrick         Clyburn                Cobb-Hunter
Dillard                Funderburk             Gilliard
Govan                  Hart                   Hayes
Hodges                 Hosey                  Howard
Jefferson              King                   Mack
McEachern              McLeod                 Mitchell
Munnerlyn              J. H. Neal             J. M. Neal
Neilson                Ott                    Parks
Rutherford             Sabb                   Sellers
J. E. Smith            Stavrinakis            Vick
Weeks                  Whipper                Williams

Total--45

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

STATEMENT FOR THE JOURNAL

I vehemently object to H. 3003. It suppresses the votes of the disabled, the handicapped, and those voters without transportation, making the system more complicated and confusing to cast a vote, and therefore, disenfranchising many registered voters.

Rep. Robert L. Brown

RECORD FOR VOTING

I was temporarily out of the Chamber on constituent business during the vote on H. 3003. If I had been present, I would have voted against the Bill.

Rep. William Clyburn

H. 3003--MOTION TO RECONSIDER TABLED

Rep. CLEMMONS moved to reconsider the vote whereby the following Bill was read second time:

H. 3003 (Word version) -- Reps. Clemmons, Harrell, Lucas, Bingham, Harrison, Cooper, Owens, Sandifer, Allison, Ballentine, Bannister, Barfield, Bowen, Cole, Crawford, Daning, Delleney, Forrester, Frye, Gambrell, Hamilton, Hardwick, Hiott, Horne, Huggins, Limehouse, Loftis, Long, Lowe, Merrill, V. S. Moss, Norman, Parker, G. M. Smith, G. R. Smith, Sottile, Stringer, Toole, Umphlett, Viers, White, Crosby, Thayer, Simrill, Ryan, McCoy, Murphy, Atwater, Henderson, Quinn, Tallon, Patrick, J. R. Smith, Hixon, Taylor, Young, Bedingfield, Corbin, Pitts, Chumley, Spires, Pope, Bikas, Pinson, D. C. Moss, Erickson, Willis, Brady, Herbkersman, Nanney, Brannon and Whitmire: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-3-70 SO AS TO REQUIRE THE STATE ELECTION COMMISSION TO CREATE A LIST CONTAINING ALL REGISTERED VOTERS WHO ARE QUALIFIED TO VOTE, BUT DO NOT HAVE A SOUTH CAROLINA DRIVER'S LICENSE OR OTHER FORM OF IDENTIFICATION CONTAINING A PHOTOGRAPH ISSUED BY THE DEPARTMENT OF MOTOR VEHICLES AS OF JANUARY 1, 2013, AND TO REQUIRE THE DEPARTMENT TO FURNISH A LIST OF PERSONS WITH A SOUTH CAROLINA DRIVER'S LICENSE OR OTHER FORM OF IDENTIFICATION CONTAINING A PHOTOGRAPH ISSUED BY THE DEPARTMENT AT NO CHARGE TO THE COMMISSION; BY ADDING SECTION 7-5-675 SO AS TO REQUIRE THE STATE ELECTION COMMISSION TO IMPLEMENT A SYSTEM IN ORDER TO ISSUE VOTER REGISTRATION CARDS WITH A PHOTOGRAPH OF THE ELECTOR; TO REQUIRE THE STATE ELECTION COMMISSION TO ESTABLISH AN AGGRESSIVE VOTER EDUCATION PROGRAM CONCERNING THE PROVISIONS OF THIS ACT; TO AMEND SECTION 7-1-25, RELATING TO THE DEFINITION OF "DOMICILE", SO AS TO PROVIDE FACTORS TO CONSIDER IN DETERMINING A PERSON'S INTENTION REGARDING HIS DOMICILE; TO AMEND SECTION 7-3-20, AS AMENDED, RELATING TO THE RESPONSIBILITIES OF THE EXECUTIVE DIRECTOR OF THE STATE ELECTION COMMISSION, SO AS TO REQUIRE THE EXECUTIVE DIRECTOR TO MAINTAIN IN A MASTER FILE A SEPARATE DESIGNATION FOR ABSENTEE AND EARLY VOTING IN A GENERAL ELECTION; TO AMEND SECTION 7-5-125, RELATING TO THE ISSUANCE OF A WRITTEN NOTIFICATION OF REGISTRATION TO VOTE, SO AS TO PROVIDE FOR THE ISSUANCE OF A DUPLICATE NOTIFICATION IF THE ELECTOR TO WHOM IT WAS ORIGINALLY ISSUED LOSES OR DEFACES IT; TO AMEND SECTION 7-5-230, AS AMENDED, RELATING TO THE BOARDS OF REGISTRATION BEING THE JUDGES OF THE LEGAL QUALIFICATIONS OF ALL APPLICANTS FOR REGISTRATION, SO AS TO ADD A REFERENCE TO SECTION 7-1-25 AND DELETE CERTAIN CRITERIA USED WHEN CONSIDERING A CHALLENGE REGARDING THE RESIDENCE OF AN ELECTOR; TO AMEND SECTION 7-13-710, AS AMENDED, RELATING TO THE PRESENTATION OF A PERSON'S PROOF OF HIS RIGHT TO VOTE, SO AS TO REQUIRE PHOTOGRAPH IDENTIFICATION TO VOTE, PROVIDING FOR PROVISIONAL BALLOTS IF THE IDENTIFICATION CANNOT BE PRODUCED AND PROVIDE FOR CERTAIN EXCEPTIONS, TO REQUIRE A POLL MANAGER TO COMPARE THE PHOTOGRAPH ON THE REQUIRED IDENTIFICATION WITH THE PERSON PRESENTING HIMSELF TO VOTE AND VERIFY THAT THE PHOTOGRAPH IS THAT OF THE PERSON SEEKING TO VOTE; TO AMEND SECTION 7-15-330, AS AMENDED, RELATING TO THE TIME OF APPLICATION FOR AN ABSENTEE BALLOT, SO AS TO DELETE REFERENCES TO AN AUTHORIZED REPRESENTATIVE REQUESTING AN APPLICATION FOR A QUALIFIED ELECTOR; TO AMEND SECTION 7-15-385, AS AMENDED, RELATING TO THE MARKING AND RETURNING OF THE ABSENTEE BALLOT, SO AS TO REQUIRE THE BOARD OF REGISTRATION TO RECORD, INSTEAD OF NOTE, CERTAIN PROCEDURES REGARDING THE RETURN OF THE ABSENTEE BALLOT; TO AMEND SECTION 56-1-3350, AS AMENDED, RELATING TO THE ISSUANCE OF SPECIAL IDENTIFICATION CARDS BY THE DEPARTMENT OF MOTOR VEHICLES, SO AS TO REQUIRE THE DEPARTMENT OF MOTOR VEHICLES TO PROVIDE FREE IDENTIFICATION CARDS UPON REQUEST UNDER CERTAIN CIRCUMSTANCES; AND TO REPEAL SECTION 7-15-470 RELATING TO THE PROHIBITION OF VOTING ON A VOTING MACHINE FOR IN-PERSON ABSENTEE VOTING.

Rep. CLEMMONS moved to table the motion to reconsider.

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

Yeas 71; Nays 38

Those who voted in the affirmative are:

Allison                Atwater                Ballentine
Bannister              Barfield               Bedingfield
Bikas                  Bingham                Bowen
Brady                  Brannon                Chumley
Clemmons               Cole                   Cooper
Corbin                 Crawford               Crosby
Daning                 Delleney               Erickson
Forrester              Frye                   Gambrell
Hamilton               Hardwick               Harrell
Harrison               Hearn                  Henderson
Herbkersman            Hiott                  Hixon
Horne                  Huggins                Loftis
Long                   Lowe                   Lucas
McCoy                  Merrill                D. C. Moss
V. S. Moss             Murphy                 Nanney
Norman                 Owens                  Parker
Patrick                Pitts                  Pope
Quinn                  Ryan                   Sandifer
Simrill                Skelton                G. M. Smith
G. R. Smith            J. R. Smith            Spires
Stringer               Tallon                 Taylor
Thayer                 Toole                  Tribble
Umphlett               Viers                  White
Willis                 Young

Total--71

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Those who voted in the negative are:

Agnew                  Alexander              Allen
Anthony                Bales                  Bowers
Branham                Brantley               G. A. Brown
R. L. Brown            Butler Garrick         Cobb-Hunter
Dillard                Funderburk             Gilliard
Govan                  Hart                   Hayes
Hodges                 Hosey                  Howard
Jefferson              King                   McEachern
McLeod                 Mitchell               Munnerlyn
J. H. Neal             J. M. Neal             Ott
Parks                  Rutherford             Sabb
Sellers                J. E. Smith            Vick
Weeks                  Williams

Total--38

So, the motion to reconsider was tabled.

Rep. BIKAS moved that the House do now adjourn, which was agreed to.

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 3420 (Word version) -- Rep. Brantley: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR MRS. KATIE COOPER GARVIN OF ESTILL FOR HER THIRTY-EIGHT YEARS OF DEDICATED SERVICE AS A TEACHER AND AS FRIEND TO HER COMMUNITY.

ADJOURNMENT

At 5:53 p.m. the House, in accordance with the motion of Rep. ANDERSON, adjourned in memory of Carolyn Haynes Greene of Georgetown, to meet at 10:00 a.m. tomorrow.

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