Indicates Matter Stricken
Indicates New Matter
The House assembled at 10:00 a.m.
Deliberations were opened with prayer by Rev. Charles E. Seastrunk, Jr. as follows:
Our thought for today is from Genesis 9:9: "I am establishing my covenant with you and your descendants after you."
Let us pray. Almighty God, every time we look to the sky, help us to remember Your great love for us. Establish within us the desire to work, being guided by Your hand for those who trust in us. Sensitize us to the real needs of Your people. Illumine our journey with Your light of truth on our lives. Look in kindness on our Nation, President, our State and her leaders. Protect and defend our troops, especially those in harms way...in Your Holy name 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.
Rep. NEILSON moved that when the House adjourns, it adjourn in memory of Morrel Thomas of Darlington, which was agreed to.
The following was received:
Columbia, S.C., February 16, 2005
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has overridden the veto by the Governor on R. 5, H. 3356 by a vote of 46 to 0.
(R. 5) H. 3356 (Word version) -- Rep. Vick: AN ACT TO AMEND ACT 587 OF 1994, AS AMENDED, RELATING TO THE CREATION OF THE CHESTERFIELD COUNTY BOARD OF ELECTIONS, SO AS TO INCREASE FROM SEVEN TO NINE THE MEMBERS ON THE BOARD.
Very respectfully,
President
Received as information.
The following was received:
Columbia, S.C., February 16, 2005
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has overridden the veto by the Governor on R. 7, H. 3371 by a vote of 46 to 0.
(R. 7) H. 3371 (Word version) -- Reps. Vick, Neilson and Jennings: AN ACT TO AMEND ACT 587 OF 1994, AS AMENDED, RELATING TO THE CREATION OF THE CHESTERFIELD COUNTY BOARD OF ELECTIONS AND REGISTRATION, SO AS TO GIVE THE CHESTERFIELD COUNTY LEGISLATIVE DELEGATION THE SOLE APPOINTIVE POWERS FOR MEMBERS OF THE CHESTERFIELD COUNTY BOARD OF ELECTIONS AND REGISTRATION INSTEAD OF BEING APPOINTED BY THE GOVERNOR UPON RECOMMENDATION OF THE CHESTERFIELD COUNTY LEGISLATIVE DELEGATION.
Very respectfully,
President
Received as information.
Rep. ALTMAN, from the Charleston Delegation, submitted a favorable report on:
H. 3581 (Word version) -- Reps. Scarborough and Altman: A BILL TO ESTABLISH A PROCEDURE FOR DISCIPLINING A STUDENT IN A CHARTER SCHOOL IN A CHARLESTON COUNTY SCHOOL DISTRICT; TO PROVIDE THAT THE BOARD OF DIRECTORS OF A CHARTER SCHOOL MAY REFUSE ADMISSION TO A STUDENT WHO HAS BEEN SUSPENDED OR EXPELLED; TO PROVIDE THAT A CONVERTED CHARTER SCHOOL THAT UTILIZES THE EXISTING BUILDINGS IS NOT REQUIRED TO PAY FOR THE USE OF THE EXISTING BUILDINGS OR PREMISES AND TO PROVIDE FOR AN APPEAL OF A DECISION OR DISPUTE REGARDING THE USE OF THE EXISTING BUILDINGS OR PREMISES.
Ordered for consideration tomorrow.
The following was introduced:
H. 3587 (Word version) -- Rep. Perry: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND ELIZABETH VICTOR, A SENIOR AT AIKEN HIGH SCHOOL, FOR DEVELOPING AND IMPLEMENTING A GIRLS AGAINST BULLIES (GAB) MENTORING PROGRAM IN HER COMMUNITY WHICH HAS PROVIDED SO MUCH HELP TO ELEMENTARY AND MIDDLE SCHOOL GIRLS WHO HAVE EXPERIENCED AGGRESSION FROM PEERS IN A SCHOOL SETTING.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was taken up for immediate consideration:
S. 497 (Word version) -- Senators Hayes, Gregory, Peeler and Short: A CONCURRENT RESOLUTION RECOGNIZING YORK COUNTY FOR ITS MANY ACCOMPLISHMENTS AND DECLARING MARCH 30, 2005, AS "YORK COUNTY DAY" IN SOUTH CAROLINA.
Whereas, the population of York County has grown over twenty-eight percent during the past fifteen years to a current total of 182,193 and is expected to grow by 38,000 by the year 2015; and
Whereas, York County ranked first in the State in the number of jobs announced during 2004, with 2,395 new jobs; and
Whereas, York County's total estimated assessed property valuation for 2004 exceeded 447.7 million dollars; and
Whereas, York County expects to announce over 104 million dollars in existing industry investment in 2004; and
Whereas, retail sales in York County have increased approximately seven percent annually since the late 1990's to an estimated 3.2 billion dollars; and
Whereas, a total of forty-eight companies, some nationally known, announced plans to locate or expand in York County in 2004, providing a capital investment of over 151 million dollars; and
Whereas, the citizens of York County passed a one cent sales tax in 1997 and again in 2003 to collect approximately 99 million dollars and 173 million dollars, respectively, to be used to pay for critical road improvement. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That the members of the South Carolina General Assembly, by this resolution, recognize York County for its many accomplishments and declare March 30, 2005, as "York County Day" in South Carolina.
Be it further resolved that a copy of this resolution be forwarded to each of the four chambers of commerce in York County.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 498 (Word version) -- Senators Scott, Matthews and Grooms: A CONCURRENT RESOLUTION TO COMMEND DR. BARBARA A. KINGSBY-STROBLE, ASSISTANT SUPERINTENDENT FOR DORCHESTER COUNTY SCHOOL DISTRICT TWO, FOR A LIFETIME OF DEDICATION AND DEVOTION TO THE FIELD OF PUBLIC EDUCATION AND TO WISH HER CONTINUED SUCCESS IN ALL OF HER FUTURE ENDEAVORS.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 3588 (Word version) -- Reps. Whipper, Sinclair, J. H. Neal, Brady, Barfield, Weeks, Hosey, Govan, Lucas, Harrison, Anderson, Bowers, Breeland, Hamilton, Haskins, Hayes, M. Hines, Littlejohn, Mahaffey, Phillips, Pinson, W. D. Smith, Taylor and Walker: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-1-110 SO AS TO PROVIDE THAT COMMON LAW MARRIAGE IN THE STATE MAY NOT BE RECOGNIZED ON AND AFTER JANUARY 1, 2006, AND TO PROVIDE AN EXCEPTION FOR A COMMON LAW MARRIAGE EXISTING AS OF DECEMBER 31, 2005; AND TO REPEAL SECTION 20-1-360 RELATING TO THE VALIDITY OF A MARRIAGE CONTRACTED WITHOUT THE ISSUANCE OF A LICENSE.
Referred to Committee on Judiciary
S. 97 (Word version) -- Senators Land, Elliott and Ford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 31-7-25 SO AS TO PROVIDE ADDITIONAL FINDINGS OF THE GENERAL ASSEMBLY WITH RESPECT TO PROPERTY AVAILABLE FOR REDEVELOPMENT FOR PURPOSES OF THE TAX INCREMENT FINANCING ACT FOR COUNTIES; TO AMEND SECTION 31-7-20, RELATING TO EXISTING FINDINGS FOR PURPOSES OF THE ACT, SO AS TO EXTEND EXISTING FINDINGS WITH RESPECT TO THE ACT; TO AMEND SECTION 31-7-30, RELATING TO DEFINITIONS FOR PURPOSES OF THE ACT, SO AS TO REVISE APPLICABLE DEFINITIONS TO EXTEND THE APPLICATION OF THE ACT TO MORE RURAL AREAS AND ADD ADDITIONAL ELEMENTS TO DEVELOPMENT PROJECTS NECESSARY TO ASSIST SUCH RURAL AREAS; TO AMEND SECTION 31-7-80, RELATING TO THE FINDINGS REQUIRED FOR A REDEVELOPMENT PROJECT ORDINANCE, SO AS TO REVISE THESE FINDINGS; AND TO AMEND SECTION 31-7-120, RELATING TO JOINTLY ADOPTED MUNICIPAL AND COUNTY REDEVELOPMENT PLANS, SO AS TO AUTHORIZE COUNTIES JOINTLY BY INTERGOVERNMENTAL AGREEMENTS TO ESTABLISH A MULTI-COUNTY OR REGIONAL AUTHORITY TO ESTABLISH REDEVELOPMENT PLANS AND PROPERTY WHEN SUCH PROJECTS HAVE ECONOMIC IMPACT BEYOND A SINGLE COUNTY AND PROVIDE FOR ALL SUCH AUTHORITIES TO ACT BY INTERGOVERNMENTAL AGREEMENT AND ORDINANCES OF COUNTIES PARTY TO THE AGREEMENT.
Referred to Committee on Labor, Commerce and Industry
S. 131 (Word version) -- Senators Leatherman, Elliott and Ford: A BILL TO AMEND SECTION 6-9-40 OF THE 1976 CODE, RELATING TO THE ADOPTION AND PROMULGATION OF CERTAIN BUILDING CODES, STANDARDS, AND PROCEDURES, TO PROVIDE THAT MODIFICATIONS PROMULGATED BY THE SOUTH CAROLINA BUILDING CODES COUNCIL DO NOT REQUIRE READOPTION OF SUBSEQUENT EDITIONS OF THE BUILDING CODES AND A PROCEDURE FOR RECONSIDERATION OF THOSE MODIFICATIONS.
Referred to Committee on Labor, Commerce and Industry
S. 216 (Word version) -- Senator Hayes: A BILL TO AMEND SECTION 25-1-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ORGANIZATION AND PURPOSES OF MILITARY CORPORATIONS, SO AS TO FURTHER PROVIDE FOR THE MAKEUP OF THESE CORPORATIONS AND FOR THE PURPOSES, PROGRAMS, AND FUNDING OF THESE CORPORATIONS.
Referred to Committee on Medical, Military, Public and Municipal Affairs
S. 255 (Word version) -- Senator Grooms: A BILL TO AMEND ARTICLE 3, CHAPTER 39, TITLE 39 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LABELING AND MARKETING OF EGGS, SO AS TO FURTHER PROVIDE FOR THE REGULATION INCLUDING LICENSING OF SELLERS OF EGGS BY THE DEPARTMENT OF AGRICULTURE AND REQUIREMENTS FOR LABELING AND REFRIGERATED STORING OF EGGS, AND TO PROVIDE PENALTIES FOR CERTAIN VIOLATIONS.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs
The roll call of the House of Representatives was taken resulting as follows:
Agnew Altman Anderson Anthony Bailey Bales Ballentine Barfield Battle Bingham Brady Branham Breeland J. Brown R. Brown Cato Ceips Chalk Chellis Clark Clemmons Clyburn Coates Cobb-Hunter Coleman Cooper Dantzler Davenport Delleney Duncan Emory Frye Funderburk Hagood Haley Hardwick Haskins Hayes Herbkersman J. Hines M. Hines Hinson Hiott Hosey Howard Huggins Jefferson Jennings Kennedy Kirsh Lee Limehouse Littlejohn Loftis Lucas Mack Mahaffey McCraw McGee McLeod Merrill Miller Moody-Lawrence J. H. Neal J. M. Neal Neilson Norman Owens Parks Perry Phillips Pinson E. H. Pitts M. A. Pitts Rhoad Rice Sandifer Scarborough Scott Simrill Sinclair Skelton D. C. Smith F. N. Smith G. R. Smith J. E. Smith J. R. Smith Stewart Talley Taylor Thompson Toole Tripp Umphlett Vaughn Vick Viers Walker Weeks White Whitmire Wilkins Witherspoon Young
I came in after the roll call and was present for the Session on Thursday, February 17.
Harry Ott Glenn Hamilton James Harrison Todd Rutherford Tracy Edge William Bowers Jackson "Seth" Whipper G. Murrell Smith Becky Martin Karl Allen Ronald Townsend Doug Smith Robert Harrell Grady Brown Bill Cotty
The SPEAKER granted Rep. GOVAN a leave of absence due to business reasons.
The SPEAKER granted Rep. LEACH a leave of absence due to medical reasons.
Announcement was made that Dr. John L. Eady of Columbia is the Doctor of the Day for the General Assembly.
Reps. CHELLIS, YOUNG, BAILEY and HARRELL presented to the House the Summerville High School "Green Wave" Marching Band, the 2004 Big 16 AAAAA Champions, their director and other school officials.
Reps. CHELLIS, YOUNG, BAILEY and HARRELL presented to the House the Summerville High School "Green Wave" Boys Swim Team, the 2004 AAAA Champions, their coach and other school officials.
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. After a bill or resolution has been presented and given first reading, no further names of co-sponsors may be added. A member may add his name to a bill or resolution or a co-sponsor of a bill or resolution may remove his name at any time prior to the bill or resolution receiving passage on second reading. The member or co-sponsor shall notify the Clerk of the House in writing of his desire to have his name added or removed from the bill or resolution. The Clerk of the House shall print the member's or co-sponsor's written notification in the House Journal. The removal or addition of a name does not apply to a bill or resolution sponsored by a committee."
Bill Number: H. 3488 (Word version)
Date: ADD:
02/17/05 HARVIN
Bill Number: H. 3110 (Word version)
Date: ADD:
02/17/05 UMPHLETT
Bill Number: H. 3213 (Word version)
Date: ADD:
02/17/05 LITTLEJOHN
Bill Number: H. 3248 (Word version)
Date: ADD:
02/17/05 HAGOOD
Bill Number: H. 3355 (Word version)
Date: ADD:
02/17/05 VICK
Bill Number: H. 3355 (Word version)
Date: ADD:
02/17/05 WHIPPER
Bill Number: H. 3436 (Word version)
Date: ADD:
02/17/05 OWENS
Bill Number: H. 3583 (Word version)
Date: ADD:
02/17/05 COATES
Bill Number: H. 3583 (Word version)
Date: ADD:
02/17/05 MCGEE
Bill Number: H. 3583 (Word version)
Date: ADD:
02/17/05 G. BROWN
Bill Number: H. 3213 (Word version)
Date: ADD:
02/17/05 HIOTT
Bill Number: H. 3110 (Word version)
Date: ADD:
02/17/05 HARDWICK
Bill Number: H. 3110 (Word version)
Date: ADD:
02/17/05 TOWNSEND
Bill Number: H. 3320 (Word version)
Date: ADD:
02/17/05 MCLEOD
Bill Number: H. 3583 (Word version)
Date: ADD:
02/17/05 PINSON
The following Bill was taken up, read the third time, and ordered sent to the Senate:
H. 3372 (Word version) -- Reps. Rhoad, Whipper, Bowers, E. H. Pitts, Vick, Phillips, Witherspoon, Tripp, Anderson, Anthony, Barfield, Branham, Breeland, G. Brown, R. Brown, Dantzler, Frye, Hamilton, Hardwick, Haskins, Kirsh, Leach, McGee, Owens, Perry, Pinson, Rice, Sinclair, D. C. Smith, G. R. Smith, J. R. Smith, Stewart, Toole, Umphlett and Young: A BILL TO AMEND SECTION 50-5-1705, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CATCH LIMITS FOR CERTAIN SALTWATER FISH, SO AS TO CHANGE THE CATCH LIMIT FOR RED DRUM FROM TWO TO FIVE IN ANY ONE DAY.
The motion of Rep. COOPER to reconsider the vote whereby the following Bill was given a second reading was taken up:
H. 3193 (Word version) -- Reps. W. D. Smith, Clemmons, Barfield, Viers, Edge, Miller, Anderson and Hardwick: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-53-110 SO AS TO PROVIDE THAT A TECHNICAL EDUCATION INSTITUTION UNDER THE CONTROL OF THE STATE BOARD FOR TECHNICAL AND COMPREHENSIVE EDUCATION MAY CHANGE ITS NAME PURSUANT TO CERTAIN CIRCUMSTANCES.
Rep. COOPER moved to table the motion to reconsider, which was agreed to.
The Bill was read the third time and ordered sent to the Senate.
The following Bill was taken up:
H. 3320 (Word version) -- Reps. Wilkins, W. D. Smith, Harrison, Townsend, Harrell, Cato, Witherspoon, J. Brown, Chellis, Viers, Merrill, E. H. Pitts, Agnew, Ballentine, Bingham, Cooper, Haley, Hinson, Owens, Rice, Toole, Umphlett, White, Ceips and McLeod: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 57-3-605 SO AS TO PROVIDE THAT NO STATE ROAD, HIGHWAY, INTERSTATE HIGHWAY, BRIDGE, INTERCHANGE, OR INTERSECTION MAY BE NAMED FOR A PERSON WHO IS LIVING.
Rep. RICE made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up, read the third time, and ordered sent to the Senate:
H. 3008 (Word version) -- Reps. Cato, Bales, Clark, Barfield, Huggins, Frye, Sandifer, E. H. Pitts, Taylor, Anthony, Bailey, Battle, Bingham, Ceips, Chalk, Chellis, Clemmons, Cooper, Dantzler, Davenport, Duncan, Edge, Hamilton, Hardwick, Harrell, Hinson, Kirsh, Leach, Limehouse, Littlejohn, Loftis, McCraw, Norman, Owens, Perry, Pinson, Rice, Simrill, Skelton, D. C. Smith, G. R. Smith, J. R. Smith, Stewart, Thompson, Toole, Townsend, Tripp, Umphlett, Vaughn, Vick, Viers, Walker, White, Whitmire, Wilkins, Witherspoon, Coates, Brady, Ballentine, Ott, Mahaffey, Haley, Hagood, Bowers and Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 32 TO TITLE 15, SO AS TO ENACT THE "SOUTH CAROLINA ECONOMIC DEVELOPMENT, CITIZENS, AND SMALL BUSINESS PROTECTION ACT OF 2005", PROVIDING FOR DEFINITIONS OF THE TERMS "DAMAGES", "FAULT", AND "PERSON", SEVERAL LIABILITY IN AN ACTION FOR PERSONAL INJURY, PROPERTY DAMAGE, OR WRONGFUL DEATH, A PROCEDURE FOR ASSESSING PERCENTAGES OF FAULT, JOINT LIABILITY ON ALL WHO CONSCIOUSLY AND DELIBERATELY PURSUE A COMMON PLAN TO COMMIT A TORTIOUS ACT, PLACEMENT OF THE BURDEN OF PROVING FAULT ON THE PERSON SEEKING TO ESTABLISH FAULT, AND AN EXCEPTION TO THE PROVISIONS OF THE CHAPTER; TO AMEND SECTION 15-3-640, RELATING TO AN ACTION BASED UPON A DEFECTIVE OR UNSAFE IMPROVEMENT TO REAL PROPERTY, SO AS TO DECREASE THE TIME AN ACTION MAY BE BROUGHT FROM THIRTEEN TO SIX YEARS AFTER THE SUBSTANTIAL COMPLETION OF THE IMPROVEMENT; TO AMEND SECTION 15-7-30, RELATING TO ACTIONS THAT MUST BE TRIED WHERE THE DEFENDANT RESIDES, SO AS TO DEFINE KEY TERMS AND TO PROVIDE FACTORS FOR THE COURT TO CONSIDER WHEN DETERMINING THE PRINCIPAL PLACE OF BUSINESS; TO AMEND SECTION 15-36-10, AS AMENDED, RELATING TO LIABILITY FOR ATTORNEY'S FEES AND COSTS OF FRIVOLOUS LAWSUITS, SO AS TO REPLACE THE EXISTING PROVISIONS WITH PROVISIONS REQUIRING THE SIGNATURE OF AN ATTORNEY OR PARTY ON ALL PLEADINGS AND OTHER DOCUMENTS FILED IN A CIVIL OR ADMINISTRATIVE ACTION, TO PROVIDE A PROCEDURE FOR ADMINISTERING SANCTIONS FOR A VIOLATION, AND TO PROVIDE FOR THE REPORTING OF AN ATTORNEY TO THE COMMISSION ON LAWYER CONDUCT; TO AMEND SECTION 36-2-803, RELATING TO PERSONAL JURISDICTION BASED UPON CONDUCT, SO AS TO ALLOW THE COURT TO CHANGE THE PLACE OF TRIAL WHEN THE CONVENIENCE OF WITNESSES AND THE ENDS OF JUSTICE WOULD BE PROMOTED BY THE CHANGE; TO REPEAL SECTIONS 15-36-20, 15-36-30, 15-36-40, AND 15-36-50 ALL RELATING TO FRIVOLOUS LAWSUITS, AND SECTION 58-23-90 RELATING TO VENUE IN ACTIONS AGAINST LICENSED MOTOR CARRIERS.
For only the third time in eleven years, I was unable to be present for the House session, yesterday, Wednesday, February 16, 2005, due to being ill. During the proceedings, the House debated and gave second reading to H. 3008, the so-called Tort Reform Bill, with adoption of the amendment by Speaker Wilkins and Rep. Cato. Had I been present, I would have supported adoption of the amendment and passage of second reading for the Bill.
Rep. Bill Cotty
I had a meeting on February 16, 2005, and missed the vote on H. 3008. I would have voted in favor of the Bill.
Rep. Mike Anthony
The following Concurrent Resolution was taken up:
H. 3498 (Word version) -- Rep. Walker: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE PORTION OF SOUTH CAROLINA HIGHWAY 11 IN SPARTANBURG COUNTY FROM ITS INTERSECTION WITH INTERSTATE HIGHWAY 26 TO ITS INTERSECTION WITH SOUTH CAROLINA HIGHWAY 9 THE "FIRST LIEUTENANT ANDREW C. SHIELDS MEMORIAL HIGHWAY", AND TO ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS PORTION OF HIGHWAY CONTAINING THE WORDS "FIRST LIEUTENANT ANDREW C. SHIELDS MEMORIAL HIGHWAY".
Whereas, First Lieutenant Andrew C. Shields, at age twenty-five, died on December 9, 2004, while bravely serving his country in Mosul, Iraq; and
Whereas, Lieutenant Shields graduated with a degree in Chemistry from Wofford University. At Wofford he was a standout member of the Southern Guards Battalion, Reserve Officers Training Program. His performance was so impressive he was presented with the Distinguished Military Student Citation in July, 2001; and
Whereas, becoming a pilot was a life-long dream for Lieutenant Shields. He went on to fulfill this dream, joining the South Carolina Air National Guard and attending flight school in Alabama; and
Whereas, he served in the National Guard for five years as a member of Alpha Company, 1st Battalion, 151st Aviation of the South Carolina Air National Guard. This unit flies the Apache attack helicopter in almost all combat operations; and
Whereas, Lieutenant Shields enjoyed working with his father and brother in the family business, Water Conditioning, Inc.; and
Whereas, he was an active and faithful member of New Prospect Baptist Church, where he sang in the choir and participated in many youth mission trips. Recently, he visited Missouri with the youth group and taught inner-city kids how to play soccer. Lieutenant Shield's faith played a major role in his life. His conviction was evident through every task he performed; and
Whereas, Lieutenant Shields earned the respect of all who knew him and was a devoted brother and son, survived by parents, Donald and Emily Burnett Shields of Campobello, two brothers; Phillip Shields, of Campobello and Donald Shields, of Los Angeles, California, and a sister; Julie Shields, of Columbia; and
Whereas, in the sacrifice made by this splendid young man, our thoughts turn to the words of the old prayer...."Our heavenly Father...., we give thee thanks for all those thy servants who have laid down their lives in the service of our country. Grant to them thy mercy and the light of thy presence, that the good work which thou hast begun in them may be perfected,"....; and
Whereas, it is appropriate for the members of the General Assembly to honor the memory of this outstanding son of South Carolina by naming a portion of South Carolina Highway 11 in Spartanburg County in his honor. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the South Carolina General Assembly, by this resolution, request the Department of Transportation to name the portion of South Carolina Highway 11 in Spartanburg County from its intersection with Interstate Highway 26 to its intersection with South Carolina Highway 9 the "First Lieutenant Andrew C. Shields Memorial Highway", and to erect appropriate markers or signs along this portion of highway containing the words, "First Lieutenant Andrew C. Shields Memorial Highway".
Be it further resolved that a copy of this resolution be forwarded to the Department of Transportation.
The Concurrent Resolution was adopted and sent to the Senate.
The motion period was dispensed with on motion of Rep. CHELLIS.
Rep. HARRELL moved to adjourn debate upon the following Bill until Tuesday, February 22, which was adopted:
H. 3009 (Word version) -- Reps. Wilkins, Harrell, W. D. Smith, Harrison, G. R. Smith, Davenport, Barfield, Young, Kirsh, Leach, E. H. Pitts, Battle, Viers, Clyburn, Littlejohn, Taylor, Brady, Hinson, Clark, Walker, Simrill, Toole, Chalk, Duncan, Bailey, Hagood, Chellis, Edge, Neilson, Frye and Hardwick: A BILL TO ENACT THE "SOUTH CAROLINA RESTRUCTURING ACT OF 2005" INCLUDING PROVISIONS TO AMEND SECTION 1-30-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AGENCIES OF THE EXECUTIVE BRANCH OF STATE GOVERNMENT BY ADDING THE DEPARTMENT OF ADMINISTRATION; BY ADDING SECTION 1-30-125 SO AS TO ESTABLISH THE DEPARTMENT OF ADMINISTRATION AS AN AGENCY OF THE EXECUTIVE BRANCH OF STATE GOVERNMENT TO BE HEADED BY A DIRECTOR APPOINTED BY THE GOVERNOR UPON THE ADVICE AND CONSENT OF THE SENATE, AND TO TRANSFER TO THIS NEWLY CREATED DEPARTMENT CERTAIN OFFICES AND DIVISIONS OF THE STATE BUDGET AND CONTROL BOARD, OFFICE OF THE GOVERNOR, AND OTHER AGENCIES, AND TO PROVIDE FOR TRANSITIONAL AND OTHER PROVISIONS NECESSARY TO ACCOMPLISH THE ABOVE; BY ADDING ARTICLE 6 TO CHAPTER 3 OF TITLE 1 SO AS TO ESTABLISH THE DIVISION OF THE OFFICE OF STATE CHIEF INFORMATION OFFICER WITHIN THE BUDGET AND CONTROL BOARD TO BE HEADED BY THE STATE CHIEF INFORMATION OFFICER, AND TO PROVIDE FOR THE POWERS, DUTIES, AND FUNCTIONS OF THE DIVISION; TO CREATE A JOINT INFORMATION TECHNOLOGY REVIEW COMMITTEE, AN INFORMATION TECHNOLOGY BUSINESS CASE REVIEW PANEL, AND AN INFORMATION TECHNOLOGY ARCHITECTURE OVERSIGHT PANEL AND TO PROVIDE FOR THE FUNCTIONS, POWERS, AND RESPONSIBILITIES OF THE COMMITTEE AND PANELS; AND TO AMEND SECTION 11-35-1580, AS AMENDED, RELATING TO INFORMATION TECHNOLOGY PROCUREMENTS, SO AS TO DELETE CERTAIN RESPONSIBILITIES OF THE INFORMATION TECHNOLOGY MANAGEMENT OFFICE; AND BY ADDING CHAPTER 8 TO TITLE 1 SO AS TO CREATE THE OFFICE OF STATE INSPECTOR GENERAL AS A SEPARATE DIVISION WITHIN THE BUDGET AND CONTROL BOARD, TO PROVIDE THAT THE STATE INSPECTOR GENERAL MUST BE APPOINTED BY THE GOVERNOR UPON THE ADVICE AND CONSENT OF THE SENATE FOR A TERM COTERMINOUS WITH THAT OF THE GOVERNOR, TO PROVIDE FOR THE PURPOSE, DUTIES, RESPONSIBILITIES, AND AUTHORITY OF THE STATE INSPECTOR GENERAL, TO PROVIDE A DEFINITION OF "EXECUTIVE AGENCIES" FOR PURPOSES OF THIS CHAPTER, AND TO PROVIDE FOR THE RECEIPT AND INVESTIGATION OF COMPLAINTS RELATING TO IMPROPER OR UNLAWFUL ACTIVITY WITHIN EXECUTIVE AGENCIES OF THE STATE GOVERNMENT; AND TO AMEND SECTIONS 1-10-10, AS AMENDED, 1-11-20, 1-11-55, 1-11-56, 1-11-57, 1-11-58, 1-11-65, 1-11-67, 1-11-70, 1-11-80, 1-11-90, 1-11-100, 1-11-110, 1-11-180, 1-11-185, 1-11-220, 1-11-225, 1-11-250, 1-11-260, 1-11-270, 1-11-280, 1-11-290, 1-11-300, 1-11-310, 1-11-315, 1-11-320, 1-11-335, 1-11-340, 1-11-435, 2-13-240, AS AMENDED, CHAPTER 9 OF TITLE 3; 10-1-10, 10-1-20, 10-1-30, 10-1-40, 10-1-130; 10-1-190, AS AMENDED, CHAPTER 9 OF TITLE 10; 10-11-50, AS AMENDED, 10-11-90, 10-11-110, 10-11-140, 10-11-330; 11-9-610, 11-9-620, 11-9-630, 11-35-3810, 11-35-3820, 11-35-3830, 11-35-3840, 11-35-4020, ALL AS AMENDED, 44-53-530, 58-9-2540, 59-150-60, AND 59-150-390, ALL RELATING TO VARIOUS AGENCY OR DEPARTMENT PROVISIONS, SO AS TO CONFORM THEM TO THE ABOVE PROVISIONS PERTAINING TO THE NEW DEPARTMENT OF ADMINISTRATION OR TO SUPPLEMENT SUCH PROVISIONS.
The following Bill was taken up:
H. 3355 (Word version) -- Reps. Duncan, Witherspoon, Frye, M. A. Pitts, G. R. Smith, McLeod, Ott, Walker, Vick and Whipper: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 34 TO TITLE 39 SO AS TO ENACT THE "SOUTH CAROLINA DAIRY STABILIZATION ACT", TO ESTABLISH THE SOUTH CAROLINA MILK BOARD, TO PROVIDE FOR ITS MEMBERS, PROCEDURES FOR THEIR APPOINTMENT AND FOR THEIR POWERS AND DUTIES; TO PROVIDE THAT THE BOARD'S PRIMARY DUTY IS TO ESTABLISH A FAIR MARKET BREAKEVEN PRICE FOR PRODUCERS OF MILK AND EXERCISE GENERAL SUPERVISION OVER THE MILK INDUSTRY IN THIS STATE; TO PROVIDE THAT THE BOARD MUST BE LOCATED IN THE SOUTH CAROLINA DEPARTMENT OF AGRICULTURE; TO CONDUCT INVESTIGATIONS AND MEDIATE AND ARBITRATE MILK DISPUTES, TO ISSUE RULES, ORDERS, AND FAIR MARKET BREAKEVEN MILK PRICES, TO SPECIFY CONDITIONS UNDER WHICH FEES MAY BE COLLECTED WHEN MILK DROPS BELOW THE FAIR MARKET BREAKEVEN PRICE SET BY THE BOARD, AND TO PROVIDE FOR THE COLLECTION AND DISBURSAL OF THESE FEES; TO REQUIRE LICENSURE IN ORDER TO OPERATE AS A MILK BUYER; TO AUTHORIZE THE BOARD TO DEVELOP A SYSTEM OF ACCOUNTING FOR BUYERS OF MILK AND TO SANCTION THOSE BUYERS WHO DO NOT USE THE SYSTEM; TO PROVIDE FOR ASSESSMENTS ON MILK PRODUCED IN THIS STATE TO PAY THE EXPENSES OF THE BOARD; TO PROVIDE PENALTIES FOR VIOLATIONS OF THIS CHAPTER; AND TO REPEAL THE PROVISIONS OF THIS CHAPTER ON JULY 1, 2012.
Rep. FRYE explained the Bill.
Rep. ALTMAN moved to recommit the Bill to the Committee on Agriculture, Natural Resources and Environmental Affairs.
Rep. WITHERSPOON moved to table the motion.
Rep. WITHERSPOON demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Agnew Anderson Anthony Bales Ballentine Battle Bingham Bowers Brady G. Brown Ceips Clark Clemmons Clyburn Coates Cobb-Hunter Coleman Cooper Dantzler Delleney Duncan Edge Frye Funderburk Haley Hamilton Hardwick J. Hines M. Hines Hiott Hosey Huggins Kennedy Limehouse Littlejohn Loftis Lucas Mahaffey McCraw McGee McLeod Miller Moody-Lawrence J. H. Neal Neilson Ott Owens Parks Phillips Pinson E. H. Pitts M. A. Pitts Rhoad Rice Rutherford Sandifer Sinclair Skelton G. R. Smith J. E. Smith Talley Taylor Toole Townsend Umphlett Vick Walker Weeks Whipper Whitmire Witherspoon
Those who voted in the negative are:
Allen Altman Branham Breeland J. Brown R. Brown Cato Chalk Chellis Cotty Davenport Hagood Harrell Harrison Haskins Hinson Kirsh Lee Mack Martin Merrill Perry Scarborough Scott Simrill D. C. Smith G. M. Smith J. R. Smith W. D. Smith Stewart Thompson Vaughn White Wilkins Young
So, the motion to recommit the Bill was tabled.
Rep. ALTMAN spoke against the Bill.
Rep. TRIPP spoke against the Bill.
Rep. WITHERSPOON moved that the House recur to the Morning Hour, which was agreed to.
Further proceedings were interrupted by the House recurring to the Morning Hour, the pending question being consideration of the Bill, Rep. TRIPP having the floor.
Rep. KIRSH, from the York Delegation, submitted a favorable report on:
S. 456 (Word version) -- Senators Hayes, Peeler, Gregory and Short: A BILL TO AMEND ACT 470 OF 2000, RELATING TO THE ESTABLISHMENT OF ELECTION DISTRICTS FROM WHICH MEMBERS OF THE BOARD OF TRUSTEES OF ROCK HILL SCHOOL DISTRICT 3 OF YORK COUNTY ARE ELECTED, SO AS TO CLARIFY THE BOUNDARIES OF CERTAIN ELECTION DISTRICTS.
On motion of Rep. KIRSH, with unanimous consent, the following Bill was taken up for immediate consideration:
S. 456 (Word version) -- Senators Hayes, Peeler, Gregory and Short: A BILL TO AMEND ACT 470 OF 2000, RELATING TO THE ESTABLISHMENT OF ELECTION DISTRICTS FROM WHICH MEMBERS OF THE BOARD OF TRUSTEES OF ROCK HILL SCHOOL DISTRICT 3 OF YORK COUNTY ARE ELECTED, SO AS TO CLARIFY THE BOUNDARIES OF CERTAIN ELECTION DISTRICTS.
The Bill was read second time and ordered to third reading.
On motion of Rep. KIRSH, with unanimous consent, it was ordered that S. 456 (Word version) be read the third time tomorrow.
Rep. KIRSH, from the York Delegation, submitted a favorable report on:
S. 457 (Word version) -- Senators Hayes, Peeler, Gregory and Short: A BILL TO AMEND ACT 469 OF 2000, AS AMENDED, RELATING TO THE ESTABLISHMENT OF ELECTION DISTRICTS FROM WHICH MEMBERS OF THE BOARD OF TRUSTEES OF YORK SCHOOL DISTRICT 1 OF YORK COUNTY ARE ELECTED, SO AS TO CLARIFY THE BOUNDARIES OF CERTAIN ELECTION DISTRICTS.
On motion of Rep. KIRSH, with unanimous consent, the following Bill was taken up for immediate consideration:
S. 457 (Word version) -- Senators Hayes, Peeler, Gregory and Short: A BILL TO AMEND ACT 469 OF 2000, AS AMENDED, RELATING TO THE ESTABLISHMENT OF ELECTION DISTRICTS FROM WHICH MEMBERS OF THE BOARD OF TRUSTEES OF YORK SCHOOL DISTRICT 1 OF YORK COUNTY ARE ELECTED, SO AS TO CLARIFY THE BOUNDARIES OF CERTAIN ELECTION DISTRICTS.
The Bill was read second time and ordered to third reading.
On motion of Rep. KIRSH, with unanimous consent, it was ordered that S. 457 (Word version) be read the third time tomorrow.
Rep. LEACH, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:
H. 3575 (Word version) -- Reps. Barfield and Miller: A HOUSE RESOLUTION REQUESTING THE UNITED STATES INTERNATIONAL TRADE COMMISSION TO APPROVE THE CONTINUATION OF THE ANTIDUMPING AND COUNTERVAILING ORDERS IMPOSED ON HOT-ROLLED STEEL FROM BRAZIL, JAPAN, AND RUSSIA.
Ordered for consideration tomorrow.
Rep. LEACH, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:
H. 3389 (Word version) -- Reps. Ott, Cobb-Hunter, Govan and Rhoad: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME U.S. HIGHWAY 601 NORTH, FROM THE I-26 INTERCHANGE THROUGH JAMISON IN ORANGEBURG COUNTY TO THE ORANGEBURG COUNTY LINE, IN HONOR OF THE LATE F. HALL YARBOROUGH, AND TO INSTALL APPROPRIATE MARKERS OR SIGNS ON THE HIGHWAY CONTAINING THE WORDS "F. HALL YARBOROUGH MEMORIAL HIGHWAY".
Ordered for consideration tomorrow.
Rep. LEACH, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:
H. 3486 (Word version) -- Rep. Littlejohn: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE PORTION OF DEERWOOD DRIVE FROM ITS INTERSECTION WITH CEDAR LANE TO UNITED STATES HIGHWAY 176 BY-PASS IN THE TOWN OF PACOLET "CLARENCE PHILLIPS MCGEE MEMORIAL DRIVE", AND TO ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS PORTION OF HIGHWAY THAT CONTAIN THE WORDS "CLARENCE PHILLIPS MCGEE MEMORIAL DRIVE".
Ordered for consideration tomorrow.
Rep. LEACH, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:
H. 3497 (Word version) -- Reps. Witherspoon, Barfield, Clemmons, Hardwick and Viers: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE BRIDGE THAT CROSSES THE WHITE OAK SWAMP ALONG STATE ROAD 97 IN HORRY COUNTY THE "M. A. ARTIST MCCRACKEN BRIDGE", AND TO ERECT APPROPRIATE MARKERS OR SIGNS AT THIS BRIDGE THAT CONTAIN THE WORDS "M. A. ARTIST MCCRACKEN BRIDGE."
Ordered for consideration tomorrow.
Rep. LEACH, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:
S. 331 (Word version) -- Senator Leatherman: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE BRIDGE OVER THE LYNCHES RIVER ON HIGHWAY 52 BETWEEN EFFINGHAM AND LAKE CITY IN MEMORY OF DEPUTY JOSEPH C. RODGERS AND INSTALL APPROPRIATE MARKERS OR SIGNS AT THE BRIDGE.
Ordered for consideration tomorrow.
The following was introduced:
H. 3589 (Word version) -- Rep. Vick: A CONCURRENT RESOLUTION TO HONOR REVEREND JOHNNIE MCLENDON AND FIRST LADY BARBARA MCLENDON AND TO RECOGNIZE THEIR SERVICE AND COMMITMENT TO FISHER HILL COMMUNITY BAPTIST CHURCH OF CHERAW, SOUTH CAROLINA, AND THEIR LOCAL COMMUNITY.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 3590 (Word version) -- Reps. Rutherford, Kennedy, J. H. Neal, J. E. Smith, Govan, J. Hines, Bales, Cobb-Hunter, Funderburk, Howard, Jefferson, McLeod, Moody-Lawrence, Neilson and Parks: A BILL TO AMEND SECTION 7-13-1640, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING MACHINE REQUIREMENTS, SO AS TO REQUIRE ALL ELECTRONIC VOTING MACHINES TO PRINT OUT A RECEIPT SHOWING HOW THE VOTER CAST HIS VOTE THAT MUST BE DEPOSITED IN A RECEPTACLE BY THE VOTER TO VERIFY THE VOTE TALLEY IF THERE IS A RECOUNT.
Referred to Committee on Judiciary
H. 3591 (Word version) -- Reps. Brady, J. E. Smith, Harrison, Pinson, Agnew, Anthony, Ceips, Chalk, Cobb-Hunter, Frye, Haskins, Hayes, Hinson, Howard, Huggins, Jefferson, Lucas, McGee, E. H. Pitts, M. A. Pitts, Taylor, Umphlett, Whitmire, Witherspoon and Young: A BILL TO AMEND SECTION 44-53-270, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SCHEDULE V CONTROLLED SUBSTANCES, SO AS TO INCLUDE IN SCHEDULE V ANY COMPOUND CONTAINING PSEUDOEPHEDRINE, TO REQUIRE SUCH COMPOUNDS TO BE DISPENSED ONLY BY A PHARMACIST, OR PHARMACY TECHNICIAN, TO REQUIRE A PICTURE IDENTIFICATION TO PURCHASE SUCH COMPOUNDS, TO LIMIT THE AMOUNT OF SUCH COMPOUND THAT CAN BE PURCHASED IN A THIRTY DAY PERIOD, AND TO PROVIDE THAT LIQUID OR CAPSULE FORMS OF COMPOUNDS WHERE PSEUDOEPHEDRINE IS NOT THE ONLY ACTIVE INGREDIENT ARE NOT SCHEDULE V CONTROLLED SUBSTANCES; AND TO AUTHORIZE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO EXEMPT OTHER PRODUCTS BY REGULATION FROM SCHEDULE V IF THEY ARE NOT USED IN THE ILLEGAL MANUFACTURE OF METHAMPHETMINE.
Referred to Committee on Medical, Military, Public and Municipal Affairs
H. 3592 (Word version) -- Rep. Limehouse: A BILL TO AMEND SECTION 38-63-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A BONA FIDE CHARITY OR NONPROFIT CORPORATION WHICH IS NAMED A BENEFICIARY OF A LIFE INSURANCE POLICY, SO AS TO PROVIDE THAT A CHARITABLE ORGANIZATION HAS AN INSURABLE INTEREST IN THE LIFE OF AN INDIVIDUAL INSURED UNDER A POLICY OF INSURANCE IN WHICH THE CHARITABLE ORGANIZATION IS NAMED AS A BENEFICIARY UNDER THE CONDITIONS SPECIFIED IN THIS SECTION.
Referred to Committee on Labor, Commerce and Industry
H. 3593 (Word version) -- Reps. Walker, Wilkins, Littlejohn, Mahaffey and W. D. Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-2915 SO AS TO ESTABLISH DEATH BY A VEHICLE AS A MISDEMEANOR OFFENSE AND TO PROVIDE A PENALTY; AND BY ADDING SECTION 56-5-2948, SO AS TO PROVIDE THAT A PERSON WHO DRIVES A MOTOR VEHICLE WHICH IS INVOLVED IN A FATAL MOTOR VEHICLE ACCIDENT MUST SUBMIT TO A CHEMICAL TEST OF HIS BREATH FOR THE PURPOSE OF DETERMINING THE PRESENCE OF ALCOHOL IF THERE ARE REASONABLE GROUNDS TO BELIEVE THAT THE PERSON IS UNDER THE INFLUENCE OF ALCOHOL TO THE EXTENT THAT HIS FACULTIES TO DRIVE ARE MATERIALLY AND APPRECIABLY IMPAIRED.
Referred to Committee on Judiciary
H. 3594 (Word version) -- Reps. Hagood, Altman, Battle, Delleney, Littlejohn, Scarborough and G. R. Smith: A BILL TO AMEND SECTION 4-11-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TIME FOR THE COMMENCEMENT OF TERMS OF COUNTY OFFICERS, SO AS TO CLARIFY WHEN THE TERMS OF OFFICE BEGIN AND END AND TO PROVIDE THAT THIS SECTION DOES NOT APPLY TO THOSE OFFICERS WHOSE TERMS OF OFFICE ARE SET BY ANOTHER PROVISION OF LAW.
Referred to Committee on Judiciary
The following was introduced:
H. 3595 (Word version) -- Reps. Merrill, Hinson, Whipper, Limehouse, Young, Harrell, Umphlett, Miller, Altman, R. Brown, Chellis, Dantzler, Hagood, Jefferson and Scarborough: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND WARREN LASCH FOR HIS ENTHUSIASM, COMMITMENT, AND WORK ETHIC ON THE RECOVERY, RESTORATION, AND DISPLAY OF THE H. L. HUNLEY AS HE RESIGNS FROM HIS POSITION AS CHAIRMAN OF THE FRIENDS OF THE HUNLEY, AND TO WISH HIM MUCH SUCCESS IN HIS FUTURE ENDEAVORS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The motion period was dispensed with on motion of Rep. SINCLAIR.
Rep. HARRELL moved to reconsider the vote whereby debate was adjourned on the following Bill until Tuesday, February 22, which was agreed to:
H. 3009 (Word version) -- Reps. Wilkins, Harrell, W. D. Smith, Harrison, G. R. Smith, Davenport, Barfield, Young, Kirsh, Leach, E. H. Pitts, Battle, Viers, Clyburn, Littlejohn, Taylor, Brady, Hinson, Clark, Walker, Simrill, Toole, Chalk, Duncan, Bailey, Hagood, Chellis, Edge, Neilson, Frye and Hardwick: A BILL TO ENACT THE "SOUTH CAROLINA RESTRUCTURING ACT OF 2005" INCLUDING PROVISIONS TO AMEND SECTION 1-30-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AGENCIES OF THE EXECUTIVE BRANCH OF STATE GOVERNMENT BY ADDING THE DEPARTMENT OF ADMINISTRATION; BY ADDING SECTION 1-30-125 SO AS TO ESTABLISH THE DEPARTMENT OF ADMINISTRATION AS AN AGENCY OF THE EXECUTIVE BRANCH OF STATE GOVERNMENT TO BE HEADED BY A DIRECTOR APPOINTED BY THE GOVERNOR UPON THE ADVICE AND CONSENT OF THE SENATE, AND TO TRANSFER TO THIS NEWLY CREATED DEPARTMENT CERTAIN OFFICES AND DIVISIONS OF THE STATE BUDGET AND CONTROL BOARD, OFFICE OF THE GOVERNOR, AND OTHER AGENCIES, AND TO PROVIDE FOR TRANSITIONAL AND OTHER PROVISIONS NECESSARY TO ACCOMPLISH THE ABOVE; BY ADDING ARTICLE 6 TO CHAPTER 3 OF TITLE 1 SO AS TO ESTABLISH THE DIVISION OF THE OFFICE OF STATE CHIEF INFORMATION OFFICER WITHIN THE BUDGET AND CONTROL BOARD TO BE HEADED BY THE STATE CHIEF INFORMATION OFFICER, AND TO PROVIDE FOR THE POWERS, DUTIES, AND FUNCTIONS OF THE DIVISION; TO CREATE A JOINT INFORMATION TECHNOLOGY REVIEW COMMITTEE, AN INFORMATION TECHNOLOGY BUSINESS CASE REVIEW PANEL, AND AN INFORMATION TECHNOLOGY ARCHITECTURE OVERSIGHT PANEL AND TO PROVIDE FOR THE FUNCTIONS, POWERS, AND RESPONSIBILITIES OF THE COMMITTEE AND PANELS; AND TO AMEND SECTION 11-35-1580, AS AMENDED, RELATING TO INFORMATION TECHNOLOGY PROCUREMENTS, SO AS TO DELETE CERTAIN RESPONSIBILITIES OF THE INFORMATION TECHNOLOGY MANAGEMENT OFFICE; AND BY ADDING CHAPTER 8 TO TITLE 1 SO AS TO CREATE THE OFFICE OF STATE INSPECTOR GENERAL AS A SEPARATE DIVISION WITHIN THE BUDGET AND CONTROL BOARD, TO PROVIDE THAT THE STATE INSPECTOR GENERAL MUST BE APPOINTED BY THE GOVERNOR UPON THE ADVICE AND CONSENT OF THE SENATE FOR A TERM COTERMINOUS WITH THAT OF THE GOVERNOR, TO PROVIDE FOR THE PURPOSE, DUTIES, RESPONSIBILITIES, AND AUTHORITY OF THE STATE INSPECTOR GENERAL, TO PROVIDE A DEFINITION OF "EXECUTIVE AGENCIES" FOR PURPOSES OF THIS CHAPTER, AND TO PROVIDE FOR THE RECEIPT AND INVESTIGATION OF COMPLAINTS RELATING TO IMPROPER OR UNLAWFUL ACTIVITY WITHIN EXECUTIVE AGENCIES OF THE STATE GOVERNMENT; AND TO AMEND SECTIONS 1-10-10, AS AMENDED, 1-11-20, 1-11-55, 1-11-56, 1-11-57, 1-11-58, 1-11-65, 1-11-67, 1-11-70, 1-11-80, 1-11-90, 1-11-100, 1-11-110, 1-11-180, 1-11-185, 1-11-220, 1-11-225, 1-11-250, 1-11-260, 1-11-270, 1-11-280, 1-11-290, 1-11-300, 1-11-310, 1-11-315, 1-11-320, 1-11-335, 1-11-340, 1-11-435, 2-13-240, AS AMENDED, CHAPTER 9 OF TITLE 3; 10-1-10, 10-1-20, 10-1-30, 10-1-40, 10-1-130; 10-1-190, AS AMENDED, CHAPTER 9 OF TITLE 10; 10-11-50, AS AMENDED, 10-11-90, 10-11-110, 10-11-140, 10-11-330; 11-9-610, 11-9-620, 11-9-630, 11-35-3810, 11-35-3820, 11-35-3830, 11-35-3840, 11-35-4020, ALL AS AMENDED, 44-53-530, 58-9-2540, 59-150-60, AND 59-150-390, ALL RELATING TO VARIOUS AGENCY OR DEPARTMENT PROVISIONS, SO AS TO CONFORM THEM TO THE ABOVE PROVISIONS PERTAINING TO THE NEW DEPARTMENT OF ADMINISTRATION OR TO SUPPLEMENT SUCH PROVISIONS.
Rep. HARRELL moved to recommit the Bill to the Committee on Ways and Means, which was agreed to.
Pursuant to House Rule 1.6, SPEAKER WILKINS addressed the body concerning a matter of importance to the House.
Rep. WILKINS moved that the House do now adjourn, which was agreed to.
The Senate returned to the House with concurrence the following:
H. 3542 (Word version) -- Reps. Hosey and Rhoad: A CONCURRENT RESOLUTION CONGRATULATING THE JEFFERSON DAVIS ACADEMY "RAIDERS" FOOTBALL TEAM OF BAMBERG COUNTY ON THEIR 2004 SCISAA CLASS A STATE CHAMPIONSHIP, AND HONORING THE PLAYERS AND HEAD COACH JOEY LOTT ON THEIR IMPRESSIVE 13-1 SEASON.
H. 3559 (Word version) -- Rep. Chellis: A CONCURRENT RESOLUTION CONGRATULATING THE 2004 SUMMERVILLE HIGH SCHOOL "GREEN WAVES" BOYS SWIM TEAM AND HEAD COACH DAN MCDONOUGH ON CAPTURING THE AAAA STATE SWIMMING CHAMPIONSHIP.
H. 3560 (Word version) -- Reps. Harvin, Altman, Chalk, Harrell, Limehouse, Scarborough and Wilkins: A CONCURRENT RESOLUTION TO EXPRESS THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY UPON THE DEATH OF FOUNDING PRESIDENT OF THE BAPTIST COLLEGE, NOW CHARLESTON SOUTHERN UNIVERSITY, AND LONGTIME PASTOR OF FIRST BAPTIST CHURCH OF CHARLESTON, DOCTOR JOHN HAMRICK, ON OCTOBER 24, 2004, AND TO CONVEY THEIR DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
H. 3561 (Word version) -- Reps. Wilkins, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, Barfield, Battle, Bingham, Bowers, Brady, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Frye, Funderburk, Govan, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hiott, Hosey, Howard, Huggins, Jefferson, Jennings, Kennedy, Kirsh, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Norman, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rhoad, Rice, Rivers, Rutherford, Sandifer, Scarborough, Scott, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Stewart, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Umphlett, Vaughn, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Witherspoon and Young: A CONCURRENT RESOLUTION TO COMMEND MRS. JUDY HIX, WHO RETIRED DECEMBER 31, 2004, AS GREENVILLE COUNTY REGISTER OF DEEDS, FOR HER OUTSTANDING THIRTY-SEVEN YEAR CAREER IN COUNTY GOVERNMENT AND FOR HER MANY CONTRIBUTIONS TO THE CITIZENS OF GREENVILLE COUNTY.
H. 3562 (Word version) -- Reps. Witherspoon, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, Barfield, Battle, Bingham, Bowers, Brady, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Frye, Funderburk, Govan, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hiott, Hosey, Howard, Huggins, Jefferson, Jennings, Kennedy, Kirsh, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Norman, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rhoad, Rice, Rivers, Rutherford, Sandifer, Scarborough, Scott, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Stewart, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Umphlett, Vaughn, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Wilkins and Young: A CONCURRENT RESOLUTION TO RECOGNIZE AND PAY TRIBUTE TO THE THOUSANDS OF FUTURE FARMERS OF AMERICA MEMBERS IN SOUTH CAROLINA ON THE OCCASION OF NATIONAL FUTURE FARMERS OF AMERICA WEEK, FEBRUARY 19-26, 2005.
H. 3563 (Word version) -- Reps. Kirsh, Delleney, Emory, McCraw, Moody-Lawrence, Norman and Simrill: A CONCURRENT RESOLUTION RECOGNIZING YORK COUNTY FOR ITS MANY ACCOMPLISHMENTS AND DECLARING MARCH 30, 2005, AS "YORK COUNTY DAY" IN SOUTH CAROLINA.
H. 3564 (Word version) -- Rep. Townsend: A CONCURRENT RESOLUTION TO CONGRATULATE THE TWENTY-TWO TECHNICAL COLLEGE STUDENTS NAMED TO SOUTH CAROLINA'S 2005 ALL-STATE ACADEMIC TEAM IN THE ALL-USA TEAM COMPETITION FOR TECHNICAL COLLEGES, COMMUNITY COLLEGES, AND JUNIOR COLLEGES.
H. 3576 (Word version) -- Rep. Walker: A CONCURRENT RESOLUTION TO RECOGNIZE AND PAY TRIBUTE TO FRANCES LANDRUM WEATHERS AS SHE HONORS HER FAMILY'S HERITAGE AND CELEBRATES HER 80TH BIRTHDAY ON MARCH 20, 2005.
H. 3585 (Word version) -- Reps. Neilson, J. Hines and Lucas: A CONCURRENT RESOLUTION TO EXPRESS THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO THE DARLINGTON, SOUTH CAROLINA, DIXIE BELLES SOFTBALL TEAM ON WINNING THE 2004 DIXIE BELLES WORLD SERIES AND ON BEING PRESENTED THE CARL O. BOELTE DIXIE BELLES CHAMPIONSHIP AWARD.
At 11:50 a.m. the House, in accordance with the motion of Rep. NEILSON, adjourned in memory of Morrel Thomas of Darlington, to meet at 10:00 a.m. tomorrow.
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