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 Psalm 9:1: "I will give thanks to the Lord with my whole heart; I will tell of all your wonderful deeds."
Let us pray. Lord, we thank You for all Your wonderful deeds, of those completed and of those yet to come. Give these Representatives the wisdom to make the right choices in doing the work of the people, keeping in mind that You provide for us every needful thing. Bless our Nation, President, State, Governor, Speaker, and all who serve in these Halls of Government. Protect our defenders of freedom at home and abroad as they protect us. Hear us, O Lord, 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.
Rep. BRANTLEY moved that when the House adjourns, it adjourn in memory of Ernest White, husband of former Representative Juanita White, which was agreed to.
The following was received and referred to the appropriate committee for consideration:
Document No. 3221
Agency: State Law Enforcement Division
Statutory Authority: 1976 Code Section 16-8-330
Statewide Criminal Gang Database
Received by Speaker of the House of Representatives
January 29, 2009
Referred to Judiciary Committee
Legislative Review Expiration May 29, 2009
Rep. A. D. YOUNG, from the Dorchester Delegation, submitted a favorable report on:
S. 234 (Word version) -- Senator Rose: A BILL TO REQUIRE THE SUPERINTENDENT OF DORCHESTER COUNTY SCHOOL DISTRICT NO. 2 TO PREPARE AND SUBMIT TO THE COUNTY AND THE MUNICIPALITIES WITHIN DORCHESTER SCHOOL DISTRICT NO. 2 AN ANNUAL REPORT DETAILING INFORMATION REGARDING THE IMPACT OF DEVELOPMENT ON SCHOOLS WITHIN THE DISTRICT, TO REQUEST FROM THE COUNTY AND ALL MUNICIPALITIES WITH LAND ENCOMPASSED BY THE DISTRICT APPLICATIONS FOR LAND DEVELOPMENT PROJECTS THAT INCLUDE RESIDENTIAL HOUSING THAT MEET CERTAIN CRITERIA, TO DETERMINE WHETHER A PARTICULAR PROJECT WILL RESULT IN A SUBSTANTIAL IMPACT ON THE DISTRICT'S ABILITY TO PROVIDE SERVICES TO THE ADDITIONAL STUDENT POPULATION, AND TO PREPARE AND SUBMIT A REPORT TO THE COUNTY AND ALL MUNICIPALITIES WITHIN THE DISTRICT DETAILING THE IMPACT AND NEED FOR ADDITIONAL RESOURCES.
Ordered for consideration tomorrow.
The following was introduced:
H. 3373 (Word version) -- Rep. Hayes: A HOUSE RESOLUTION TO RECOGNIZE AND COMMEND THE DILLON CHRISTIAN SCHOOL FOOTBALL TEAM FOR ITS OUTSTANDING SEASON AND FOR CAPTURING THE 2008 SOUTH CAROLINA INDEPENDENT SCHOOL ASSOCIATION CLASS A STATE CHAMPIONSHIP TITLE, AND TO HONOR THE TEAM'S EXCEPTIONAL PLAYERS, COACHES, AND STAFF.
The Resolution was adopted.
On motion of Rep. HAYES, with unanimous consent, the following was taken up for immediate consideration:
H. 3374 (Word version) -- Rep. Hayes: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE DILLON CHRISTIAN SCHOOL FOOTBALL TEAM, COACHES, AND SCHOOL OFFICIALS, AT A DATE AND TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF RECOGNIZING AND COMMENDING THEM ON THEIR OUTSTANDING SEASON AND FOR CAPTURING THE 2008 SOUTH CAROLINA INDEPENDENT SCHOOL ASSOCIATION CLASS A STATE CHAMPIONSHIP TITLE.
Be it resolved by the House of Representatives:
That the privilege of the floor of the South Carolina House of Representatives be extended to the Dillon Christian School football team, coaches, and school officials, at a date and time to be determined by the Speaker, for the purpose of recognizing and commending them on their outstanding season and for capturing the 2008 South Carolina Independent School Association Class A State Championship title.
The Resolution was adopted.
The following was introduced:
H. 3375 (Word version) -- Rep. Hodges: A HOUSE RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES UPON THE PASSING OF MATTIE BELL GRANT OF BEAUFORT COUNTY AND TO EXTEND THE DEEPEST SYMPATHY TO HER FAMILY AND MANY FRIENDS.
The Resolution was adopted.
The following Bills and Joint Resolutions were introduced, read the first time, and referred to appropriate committees:
H. 3376 (Word version) -- Rep. Herbkersman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-205 SO AS TO PROVIDE AN INSURER THAT MAKES A REIMBURSEMENT UNDER A HEALTH INSURANCE POLICY FOR A SERVICE COVERED BY THE POLICY MUST MAKE THE REIMBURSEMENT AT THE SAME RATE APPLIED TO A LICENSED HEALTH CARE PROVIDER IN THIS STATE, TO PROVIDE A GROUP HEALTH INSURANCE POLICY MAY NOT LIMIT OR CONDITION A DIAGNOSIS, SERVICE, OR TREATMENT RENDERED BY A HEALTH CARE PROVIDER OR REIMBURSEMENT TO THE PROVIDER FOR THE DIAGNOSIS, SERVICE, OR TREATMENT RENDERED UNLESS THE POLICY ALSO APPLIES THAT LIMITATION OR CONDITION TO A LICENSED HEALTH CARE PROVIDER IN THIS STATE, TO PROVIDE WHERE A DISCREPANCY EXISTS BETWEEN THIS SECTION AND A REIMBURSEMENT RATE OR CONDITION ON A DIAGNOSIS, SERVICE, OR TREATMENT, THE DISCREPANCY MUST BE CORRECTED IN FAVOR OF THE LOWER TO HIGHER REIMBURSEMENT RATE OR A REDUCTION OF THE LIMITS OR RESTRICTIONS ON THE AFFECTED HEALTH CARE PROVIDER, AND TO PROVIDE A DEDUCTIBLE ONLY MAY BE DICTATED BY THE PLAN OBTAINED BY THE INSURED AND MAY NOT VARY BASED ON THE HEALTH CARE PROVIDER RENDERING THE SERVICE.
Referred to Committee on Labor, Commerce and Industry
H. 3377 (Word version) -- Reps. Moss, Vick, Simrill, Anthony, Bedingfield, H. B. Brown, Duncan, Gambrell, Gullick, Jennings and A. D. Young: A BILL TO AMEND SECTION 23-1-212, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ENFORCEMENT OF STATE CRIMINAL LAWS BY FEDERAL LAW ENFORCEMENT OFFICERS, SO AS TO PROVIDE THAT NATIONAL PARK SERVICE RANGERS ARE FEDERAL LAW ENFORCEMENT OFFICERS WHO ARE AUTHORIZED TO ENFORCE THE STATE'S CRIMINAL LAWS.
Referred to Committee on Judiciary
H. 3378 (Word version) -- Rep. Cooper: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-11-192 SO AS TO PROVIDE FOR THE TERMS AND CONDITIONS OF MANDATORY STATE AGENCY FURLOUGH PROGRAMS AND TO DELETE THE PROVISIONS OF PARAGRAPH 89.120, PART IB, OF ACT 310 OF 2008, RELATING TO STATE AGENCY FURLOUGHS.
Referred to Committee on Ways and Means
H. 3379 (Word version) -- Reps. Scott, Ballentine, Chalk, Erickson, Hamilton, Harrell, Long, Nanney, Parker, G. R. Smith, Sottile, Willis and T. R. Young: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 8, ARTICLE IV OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE ELECTION, QUALIFICATIONS, AND TERM OF THE LIEUTENANT GOVERNOR, SO AS TO PROVIDE FOR THE JOINT ELECTION OF GOVERNOR AND LIEUTENANT GOVERNOR.
Referred to Committee on Judiciary
H. 3380 (Word version) -- Rep. Funderburk: A BILL TO AMEND SECTION 7-7-340, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN KERSHAW COUNTY, SO AS TO REDESIGNATE A MAP NUMBER ON WHICH LINES OF THESE PRECINCTS ARE DELINEATED AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICS OF THE STATE BUDGET AND CONTROL BOARD.
On motion of Rep. FUNDERBURK, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 3382 (Word version) -- Reps. Gullick and Ballentine: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 57-3-612 SO AS TO PROVIDE THAT A HIGHWAY FACILITY DEDICATED AND NAMED BY THE DEPARTMENT OF TRANSPORTATION SHALL CARRY THIS DESIGNATION FOR FIVE YEARS; AND BY ADDING SECTION 57-3-613 SO AS TO PROVIDE THAT THE DEPARTMENT OF TRANSPORTATION MUST OBTAIN APPROVAL FROM THE GENERAL ASSEMBLY BEFORE IT NAMES A HIGHWAY FACILITY IN HONOR OF AN INDIVIDUAL.
Referred to Committee on Education and Public Works
H. 3383 (Word version) -- Rep. Kirsh: A BILL TO AMEND SECTION 12-6-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPLICATION OF THE INTERNAL REVENUE CODE TO STATE TAX LAWS, SO AS TO UPDATE THE REFERENCE TO THE INTERNAL REVENUE CODE TO THE YEAR 2008; TO AMEND SECTION 12-6-50, AS AMENDED, RELATING TO INTERNAL REVENUE CODE SECTIONS NOT ADOPTED BY STATE LAW, SO AS TO MAKE ADDITIONS; AND TO PROVIDE THAT A TAXPAYER WHO FOLLOWS SECTION 3094 OF THE FEDERAL HOUSING ECONOMIC RECOVERY ACT OF 2008, FOR SOUTH CAROLINA PURPOSES MUST NOT BE PENALIZED.
Referred to Committee on Ways and Means
H. 3384 (Word version) -- Rep. Bowen: A BILL TO AMEND CHAPTER 69, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-69-280 SO AS TO PROVIDE THAT A SCHOOL DISTRICT MAY NOT USE SCHOOL OPERATING FUNDS TO DEFRAY THE COSTS OF PROFESSIONAL FEES AND MEMBERSHIPS ON BEHALF OF ITS TEACHERS AND ADMINISTRATORS.
Referred to Committee on Ways and Means
H. 3385 (Word version) -- Rep. Bowen: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-17-160 SO AS TO PROVIDE THAT AT LEAST SEVENTY-FIVE PERCENT OF THE EDUCATION OPERATIONAL EXPENDITURES OF EACH SCHOOL DISTRICT MUST BE USED FOR CLASSROOM INSTRUCTIONAL EXPENDITURES, TO PROVIDE THAT EACH SCHOOL DISTRICT SHALL SUBMIT ITS PROPOSED BUDGET TO THE STATE SUPERINTENDENT OF EDUCATION WITH THE ACTUAL PERCENTAGE OF ITS EDUCATION OPERATIONAL EXPENDITURES USED FOR CLASSROOM INSTRUCTION, TO PROVIDE FOR A WAIVER, TO PROVIDE THAT THE GOVERNING BODY IN A COUNTY MAY AMEND THE FISCAL YEAR BUDGET OF A SCHOOL DISTRICT WITHIN THE COUNTY UPON A FINDING BY THE STATE SUPERINTENDENT OF EDUCATION THAT A SCHOOL DISTRICT HAS DEMONSTRATED BLATANT DISREGARD FOR THESE REQUIREMENTS, TO PROVIDE THAT THE SUPERINTENDENT OF EDUCATION SHALL DEVELOP MODEL PLANS AND THE STATE BOARD OF EDUCATION SHALL PROMULGATE REGULATIONS TO AID IN THE IMPLEMENTATION OF THESE REQUIREMENTS, AND TO DEFINE CERTAIN TERMS.
Referred to Committee on Ways and Means
H. 3386 (Word version) -- Rep. Bowen: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-1-90 SO AS TO REQUIRE A REFERENDUM ON THE QUESTION OF RAISING THE BONDED INDEBTEDNESS LIMITS OF POLITICAL SUBDIVISIONS AND SCHOOL DISTRICTS TO BE HELD AT THE GENERAL ELECTION.
Referred to Committee on Ways and Means
H. 3387 (Word version) -- Rep. Bowen: A BILL TO AMEND CHAPTER 24, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-24-90 SO AS TO REQUIRE A SCHOOL ADMINISTRATOR OF A SCHOOL THAT MAINTAINS AN AVERAGE DAILY MEMBERSHIP OF THREE HUNDRED STUDENTS OR LESS TO SPEND AT LEAST THIRTY HOURS A WEEK IN A CLASSROOM AS THE PRIMARY INSTRUCTOR AND TO SPEND AT LEAST THIRTY CONSECUTIVE MINUTES IN THE CLASSROOM WITH THE SAME GROUP OF STUDENTS FOR THE PERIODS OF INSTRUCTION RELATED TO A PARTICULAR SUBJECT OR COURSE, AND TO EXCLUDE PRINCIPALS FROM THE REQUIREMENTS OF THIS SECTION.
Referred to Committee on Education and Public Works
H. 3388 (Word version) -- Reps. Stringer, Nanney, Bedingfield, Ballentine, Bannister, Cato, Hamilton, Millwood, G. R. Smith and Wylie: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-13-316 SO AS TO PROHIBIT THE NAME OF A CANDIDATE FOR AN ELECTION IN THIS STATE, OR FOR THE ELECTORAL COLLEGE, BEING PRINTED ON A BALLOT FOR AN OFFICE UNLESS THAT PERSON SHOWS CONCLUSIVE EVIDENCE THAT HE IS A LEGAL CITIZEN OF THE UNITED STATES.
Referred to Committee on Judiciary
H. 3389 (Word version) -- Reps. Stringer, Ballentine, Bannister, Bedingfield, Cato, Hamilton, Millwood, Nanney, G. R. Smith and Wylie: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-13-315 SO AS TO PROHIBIT THE NAME OF A CANDIDATE FOR PRESIDENT OR VICE PRESIDENT OF THE UNITED STATES BE PRINTED ON A BALLOT IN SOUTH CAROLINA UNLESS THERE IS SHOWN CONCLUSIVE PROOF THAT THE CANDIDATE IS A NATURAL BORN CITIZEN OF THE UNITED STATES.
Referred to Committee on Judiciary
H. 3390 (Word version) -- Rep. Stringer: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY REPEALING SECTION 7-19-20 RELATING TO FILLING A VACANCY IN THE OFFICE OF UNITED STATES SENATOR.
Referred to Committee on Judiciary
H. 3392 (Word version) -- Reps. Whitmire, Sandifer and Hiott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 49-1-85 SO AS TO PROVIDE FOR AFFLUENT DISCHARGE REQUIREMENTS FOR LAKE JOCASSEE LOCATED IN OCONEE AND PICKENS COUNTIES INCLUDING DISCHARGES FROM WATERCRAFT.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs
H. 3393 (Word version) -- Reps. Spires, Bowers, Clyburn, Herbkersman, Hosey, Jefferson, Knight, Long, D. C. Smith, J. R. Smith and Williams: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-43-190 SO AS TO ESTABLISH A JOINT COMMITTEE WITH MEMBERS FROM THE BOARD OF MEDICAL EXAMINERS AND BOARD OF PHARMACY TO ASSIST THESE BOARDS IN ESTABLISHING A PROTOCOL AUTHORIZING PHARMACISTS TO ADMINISTER CERTAIN VACCINES WITHOUT AN ORDER OF A PRACTITIONER; BY ADDING SECTION 40-43-200 SO AS TO REQUIRE THE STATE BOARD OF PHARMACY AND THE BOARD OF MEDICAL EXAMINERS TO ISSUE A JOINT WRITTEN PROTOCOL AUTHORIZING PHARMACISTS TO ADMINISTER CERTAIN VACCINATIONS WITHOUT AN ORDER OF A PRACTITIONER; AND TO AMEND SECTION 40-43-86, AS AMENDED, RELATING TO, AMONG OTHER THINGS, VARIOUS PHARMACY FACILITY, STAFFING, AND PRESCRIPTION REQUIREMENTS, SO AS TO INCREASE THE MAXIMUM AMOUNT OF A LEGEND DRUG THAT A PHYSICIAN IN CHARGE OF AN EMERGENCY ROOM MAY DISPENSE FROM A SEVENTY-TWO HOUR SUPPLY TO A ONE HUNDRED FORTY-FOUR HOUR SUPPLY.
Referred to Committee on Medical, Military, Public and Municipal Affairs
H. 3394 (Word version) -- Reps. Spires, Merrill, Parks, Brantley, Miller, Frye, Bowers, Clyburn, Crawford, Dillard, Edge, Harvin, Herbkersman, Hosey, Jefferson, Knight, Long, Lowe, McLeod, D. C. Smith, J. R. Smith and Williams: A BILL TO AMEND SECTION 40-43-82, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REGISTRATION AND CERTIFICATION OF PHARMACY TECHNICIANS, SO AS TO FURTHER SPECIFY REGISTRATION REQUIREMENTS, TO PROVIDE THAT STUDENTS IN A PHARMACY TECHNICIAN PROGRAM ARE REQUIRED TO BE REGISTERED TO BE PLACED IN A PHARMACY FOR PRACTICAL TRAINING, TO PROVIDE THAT IT IS UNLAWFUL TO PERFORM THE FUNCTIONS OF A PHARMACY TECHNICIAN WITHOUT BEING REGISTERED, UNLESS OTHERWISE EXEMPT, TO REVISE THE REQUIREMENTS TO BE CERTIFIED BY THE BOARD OF PHARMACY AS A PHARMACY TECHNICIAN, TO REQUIRE SUCH CERTIFICATION FOR PHARMACY TECHNICIANS ENTERING THE FIELD AFTER JULY 1, 2012, TO FURTHER SPECIFY THESE CERTIFICATION REQUIREMENTS, AND TO EXEMPT FROM THIS CERTIFICATION REQUIREMENT TECHNICIANS WHO ARE REGISTERED BEFORE JULY 1, 2012; AND TO AMEND SECTION 40-43-86, AS AMENDED, RELATING, AMONG OTHER THINGS, TO REQUIRING PHARMACISTS-IN-CHARGE TO DEVELOP AND IMPLEMENT POLICIES AND PROCEDURES SPECIFYING THE DUTIES OF PHARMACIST TECHNICIANS, SO AS TO CONFORM THESE PROVISIONS TO THE CERTIFICATION REQUIREMENTS OF THIS ACT.
Referred to Committee on Medical, Military, Public and Municipal Affairs
H. 3395 (Word version) -- Reps. Harrell, Thompson, Cooper, Erickson, Bingham, A. D. Young, Edge, Bedingfield, J. R. Smith, G. R. Smith, D. C. Smith, Bannister, Brady, Cato, Chalk, Forrester, Gambrell, Hamilton, Hiott, Horne, Long, Nanney, Parker, E. H. Pitts, Rice, Scott, Sottile, Stewart, Viers, White and Willis: A BILL TO AMEND SECTION 11-11-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GENERAL RESERVE FUND, SO AS TO MAKE CONFORMING AMENDMENTS TO REFLECT ANY CHANGE IN THE AMOUNT REQUIRED TO BE HELD IN THE GENERAL RESERVE FUND PURSUANT TO THE CONSTITUTION OF THIS STATE AND THE RATE OF REPLENISHMENT OF THAT AMOUNT.
Referred to Committee on Ways and Means
H. 3396 (Word version) -- Reps. Harrell, Thompson, Scott, Cooper, Erickson, Bingham, A. D. Young, Edge, J. R. Smith, G. R. Smith, Bedingfield, Whitmire, Hiott, D. C. Smith, Bannister, Brady, Cato, Chalk, Forrester, Gambrell, Hamilton, Horne, Long, Nanney, Parker, E. H. Pitts, Rice, Sottile, Stewart, Viers, White and Willis: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 36, ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE GENERAL RESERVE FUND AND THE CAPITAL RESERVE FUND, SO AS 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.
Referred to Committee on Ways and Means
H. 3397 (Word version) -- Reps. G. R. Smith, Harrell, Cato, Cooper, Duncan, Harrison, Owens, Sandifer, White, Bingham, Merrill, Erickson, Huggins, Bedingfield, Pinson, Frye, Ballentine, J. R. Smith, E. H. Pitts, Crawford, Barfield, Allison, Delleney, Edge, Forrester, Hamilton, Hearn, Herbkersman, Horne, Loftis, Long, Lucas, Millwood, Nanney, Parker, Rice, Scott, Simrill, G. M. Smith, Spires, Stringer, Thompson, Toole, Viers, Willis, Wylie, A. D. Young and T. R. Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-11-415 SO AS TO PROVIDE THAT THE LIMIT ON GENERAL FUND APPROPRIATIONS FOR A FISCAL YEAR IS THE TOTAL AMOUNT OF THE GENERAL FUND REVENUE ESTIMATE AS OF FEBRUARY FIFTEENTH FOR FISCAL YEAR 2009-2010, INCREASED ANNUALLY AND CUMULATIVELY BY THE LESSER OF SIX PERCENT OR A PERCENTAGE DETERMINED BY POPULATION INCREASES AND INCREASES IN THE CONSUMER PRICE INDEX, TO PROVIDE FOR THE LIMITATION TO BE SUSPENDED FOR A FISCAL YEAR FOR A SPECIFIC AMOUNT UPON A SPECIAL VOTE OF THE GENERAL ASSEMBLY AND TO DEFINE THIS SPECIAL VOTE, TO ESTABLISH THE SPENDING LIMIT RESERVE FUND, TO WHICH ALL SURPLUS GENERAL FUND REVENUES MUST BE CREDITED, TO PROVIDE FOR THE PRIORITY USES OF THE REVENUES OF THIS FUND, TO PROVIDE FOR THE APPROPRIATION OF FUND REVENUES AFTER THESE PRIORITIES ARE MET, AND TO REQUIRE THAT APPROPRIATION OF REVENUES OF THIS FUND MUST BE BY A JOINT RESOLUTION ORIGINATING IN THE HOUSE OF REPRESENTATIVES.
Referred to Committee on Ways and Means
The following was introduced:
H. 3381 (Word version) -- Rep. Merrill: A HOUSE RESOLUTION TO ESTABLISH A STUDY COMMITTEE TO STUDY THE SOUTH CAROLINA STATE PORTS AUTHORITY, TO PROVIDE FOR THE STUDY COMMITTEE'S MEMBERSHIP, AND TO REQUIRE THE STUDY COMMITTEE TO REPORT ITS FINDINGS AND RECOMMENDATIONS TO THE SPEAKER OF THE HOUSE OF REPRESENTATIVES BEFORE JUNE 1, 2010, AT WHICH TIME THE STUDY COMMITTEE IS ABOLISHED.
The Resolution was ordered referred to the Committee on Ways and Means.
The following was introduced:
H. 3391 (Word version) -- Rep. Battle: A HOUSE RESOLUTION TO RECOGNIZE PLEASANT GROVE MISSIONARY BAPTIST CHURCH OF MARION COUNTY ON THE OCCASION OF ITS HISTORIC TWO HUNDRED TWENTIETH ANNIVERSARY, AND TO COMMEND THE CHURCH FOR NEARLY TWO AND A QUARTER CENTURIES OF SERVICE TO THE COMMUNITY.
The Resolution was adopted.
The roll call of the House of Representatives was taken resulting as follows:
Agnew Alexander Allen Allison Anderson Anthony Bales Ballentine Bannister Barfield Battle Bedingfield Bingham Bowen Bowers Brady Branham Brantley G. A. Brown H. B. Brown R. L. Brown Cato Chalk Clemmons Clyburn Cole Cooper Crawford Daning Delleney Dillard Duncan Edge Erickson Forrester Frye Funderburk Gambrell Gilliard Gullick Gunn Haley Hamilton Hardwick Harrell Harrison Hart Harvin Hayes Hearn Herbkersman Hiott Hodges Horne Hosey Howard Huggins Hutto Jefferson Jennings Kelly Kennedy King Kirsh Knight Limehouse Littlejohn Loftis Long Lowe Lucas Mack McEachern McLeod Millwood Mitchell Moss Nanney J. M. Neal Neilson Owens Parker Parks Pinson E. H. Pitts M. A. Pitts Sandifer Scott Simrill Skelton D. C. Smith G. M. Smith G. R. Smith J. E. Smith J. R. Smith Sottile Spires Stavrinakis Stewart Stringer Thompson Toole Umphlett Weeks Whipper White Whitmire Williams Willis Wylie A. D. Young T. R. Young
I came in after the roll call and was present for the Session on Thursday, January 29.
James Merrill Gilda Cobb-Hunter Joseph Neal Thad Viers Todd Rutherford Harry Ott Jerry Govan Ted Vick Bakari Sellers
The SPEAKER granted Rep. RICE a leave of absence for the day.
The SPEAKER granted Rep. SKELTON a leave of absence for the remainder of the day due to attending a funeral.
Announcement was made that Doctor John P. Evans of Greenville was the Doctor of the Day for the General Assembly.
In accordance with House Rule 5.2 below:
"5.2 Every bill before presentation shall have its title endorsed; every report, its title at length; every petition, memorial, or other paper, its prayer or substance; and, in every instance, the name of the member presenting any paper shall be endorsed and the papers shall be presented by the member to the Speaker at the desk. A member may add his name to a bill or resolution or a co-sponsor of a bill or resolution may remove his name at any time prior to the bill or resolution receiving passage on second reading. The member or co-sponsor shall notify the Clerk of the House in writing of his desire to have his name added or removed from the bill or resolution. The Clerk of the House shall print the member's or co-sponsor's written notification in the House Journal. The removal or addition of a name does not apply to a bill or resolution sponsored by a committee."
Bill Number: H. 3132 (Word version)
Date: ADD:
01/29/09 STEWART
Bill Number: H. 3132 (Word version)
Date: ADD:
01/29/09 SCOTT
Bill Number: H. 3132 (Word version)
Date: ADD:
01/29/09 WILLIAMS
Bill Number: H. 3132 (Word version)
Date: ADD:
01/29/09 COBB-HUNTER
Bill Number: H. 3132 (Word version)
Date: ADD:
01/29/09 KIRSH
Bill Number: H. 3132 (Word version)
Date: ADD:
01/29/09 J. H. NEAL
Bill Number: H. 3060 (Word version)
Date: ADD:
01/29/09 HUTTO
Bill Number: H. 3303 (Word version)
Date: ADD:
01/29/09 STEWART
Bill Number: H. 3129 (Word version)
Date: ADD:
01/29/09 STEWART
Bill Number: H. 3127 (Word version)
Date: ADD:
01/29/09 STEWART
Bill Number: H. 3009 (Word version)
Date: ADD:
01/29/09 STEWART
Bill Number: H. 3245 (Word version)
Date: ADD:
01/29/09 STEWART
Bill Number: H. 3303 (Word version)
Date: ADD:
01/29/09 BARFIELD
Bill Number: H. 3349 (Word version)
Date: ADD:
01/29/09 HARDWICK
Bill Number: H. 3311 (Word version)
Date: ADD:
01/29/09 TOOLE
Bill Number: H. 3311 (Word version)
Date: ADD:
01/29/09 HARVIN
Bill Number: H. 3311 (Word version)
Date: ADD:
01/29/09 HUTTO
Bill Number: H. 3311 (Word version)
Date: ADD:
01/29/09 NEILSON
Bill Number: H. 3311 (Word version)
Date: ADD:
01/29/09 NANNEY
Bill Number: H. 3311 (Word version)
Date: ADD:
01/29/09 MILLER
Bill Number: H. 3310 (Word version)
Date: ADD:
01/29/09 BOWEN
Bill Number: H. 3310 (Word version)
Date: ADD:
01/29/09 GAMBRELL
Bill Number: H. 3310 (Word version)
Date: ADD:
01/29/09 FUNDERBURK
Bill Number: H. 3310 (Word version)
Date: ADD:
01/29/09 HUTTO
Bill Number: H. 3310 (Word version)
Date: ADD:
01/29/09 NEILSON
Bill Number: H. 3310 (Word version)
Date: ADD:
01/29/09 NANNEY
Bill Number: H. 3310 (Word version)
Date: ADD:
01/29/09 A. D. YOUNG
Bill Number: H. 3310 (Word version)
Date: ADD:
01/29/09 ERICKSON
Bill Number: H. 3310 (Word version)
Date: ADD:
01/29/09 MILLER
Bill Number: H. 3202 (Word version)
Date: ADD:
01/29/09 BOWEN
Bill Number: H. 3202 (Word version)
Date: ADD:
01/29/09 HARRISON
Bill Number: H. 3202 (Word version)
Date: ADD:
01/29/09 WHITMIRE
Bill Number: H. 3202 (Word version)
Date: ADD:
01/29/09 TOOLE
Bill Number: H. 3202 (Word version)
Date: ADD:
01/29/09 GAMBRELL
Bill Number: H. 3202 (Word version)
Date: ADD:
01/29/09 FUNDERBURK
Bill Number: H. 3202 (Word version)
Date: ADD:
01/29/09 HARVIN
Bill Number: H. 3202 (Word version)
Date: ADD:
01/29/09 HUTTO
Bill Number: H. 3202 (Word version)
Date: ADD:
01/29/09 NEILSON
Bill Number: H. 3202 (Word version)
Date: ADD:
01/29/09 NANNEY
Bill Number: H. 3202 (Word version)
Date: ADD:
01/29/09 A. D. YOUNG
Bill Number: H. 3202 (Word version)
Date: ADD:
01/29/09 HORNE
Bill Number: H. 3202 (Word version)
Date: ADD:
01/29/09 ERICKSON
Bill Number: H. 3202 (Word version)
Date: ADD:
01/29/09 MILLER
Bill Number: H. 3037 (Word version)
Date: ADD:
01/29/09 BALLENTINE
Bill Number: H. 3048 (Word version)
Date: ADD:
01/29/09 BALLENTINE
Bill Number: H. 3058 (Word version)
Date: ADD:
01/29/09 HARVIN
Bill Number: H. 3124 (Word version)
Date: ADD:
01/29/09 BALLENTINE
Bill Number: H. 3127 (Word version)
Date: ADD:
01/29/09 BALLENTINE
Bill Number: H. 3129 (Word version)
Date: ADD:
01/29/09 BALLENTINE
Bill Number: H. 3146 (Word version)
Date: ADD:
01/29/09 BALLENTINE
Bill Number: H. 3147 (Word version)
Date: ADD:
01/29/09 BALLENTINE
Bill Number: H. 3148 (Word version)
Date: ADD:
01/29/09 KNIGHT
Bill Number: H. 3222 (Word version)
Date: ADD:
01/29/09 OWENS
Bill Number: H. 3303 (Word version)
Date: ADD:
01/29/09 UMPHLETT
Bill Number: H. 3303 (Word version)
Date: ADD:
01/29/09 PARKER
Bill Number: H. 3352 (Word version)
Date: ADD:
01/29/09 WYLIE
Bill Number: H. 3352 (Word version)
Date: ADD:
01/29/09 ALLISON
Bill Number: H. 3352 (Word version)
Date: ADD:
01/29/09 E. H. PITTS
Bill Number: H. 3303 (Word version)
Date: REMOVE:
01/29/09 BRADY
Bill Number: H. 3104 (Word version)
Date: REMOVE:
01/29/09 BRADY
The following Bill and Joint Resolution were taken up, read the third time, and ordered sent to the Senate:
H. 3347 (Word version) -- Reps. Clemmons, McLeod and Harrell: A BILL TO AMEND SECTION 56-1-143, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEPARTMENT OF MOTOR VEHICLES GIVING APPLICANTS FOR CERTAIN SERVICES THE OPTION TO MAKE A VOLUNTARY CONTRIBUTION TO DONATE LIFE OF SOUTH CAROLINA, SO AS TO INCREASE THE AMOUNT THAT MAY BE DONATED.
H. 3353 (Word version) -- Rep. Harrison: A JOINT RESOLUTION TO ADOPT REVISED CODE VOLUME 21 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO THE EXTENT OF ITS CONTENTS, AS THE ONLY GENERAL PERMANENT STATUTORY LAW OF THE STATE AS OF JANUARY 1, 2009.
The following Bill was taken up, read the second time, and ordered to a third reading:
H. 3316 (Word version) -- Reps. J. R. Smith, T. R. Young, D. C. Smith, Clyburn, Stewart and Spires: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY DESIGNATING SECTION 59-53-1610 AS SUBARTICLE 1 AND ENTITLED "GENERAL PROVISIONS"; AND BY ADDING SUBARTICLE 2 TO ARTICLE 19, CHAPTER 53, TITLE 59 SO AS TO PROVIDE FOR THE CREATION OF THE AIKEN TECHNICAL COLLEGE ENTERPRISE CAMPUS AUTHORITY, AND TO PROVIDE FOR ITS POWERS AND DUTIES.
On motion of Rep. J. R. SMITH, with unanimous consent, it was ordered that H. 3316 (Word version) be read the third time tomorrow.
The following Concurrent Resolution was taken up:
H. 3144 (Word version) -- Rep. Hosey: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE PORTION OF SOUTH CAROLINA HIGHWAY 125 UNDER STATE JURISDICTION FROM ITS INTERSECTION WITH SOUTH CAROLINA HIGHWAY 3 IN ALLENDALE COUNTY TO ITS INTERSECTION WITH THE UNITED STATES DEPARTMENT OF ENERGY'S SAVANNAH RIVER SITE'S BOUNDARY NEAR THE TOWN OF JACKSON IN AIKEN COUNTY THE "COACH AARON MANIGAULT MEMORIAL HIGHWAY" AND ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS PORTION OF HIGHWAY THAT CONTAIN THE WORDS "COACH AARON MANIGAULT MEMORIAL HIGHWAY".
Whereas, Mr. Aaron Maurice Manigault was born in Bamberg County on May 2, 1972, the son of Ms. Eva O. Manigault; and
Whereas, he was jointly reared by his mother and grandparents, the late Mr. James "Vandy" Manigault and the late Mrs. Cornell Holmes Manigault; and
Whereas, Mr. Manigault was a member of Sharon Baptist Church in Augusta, Georgia, the Omega Psi Phi Fraternity, and Edisto Lodge No. 39 Masonic Temple; and
Whereas, Mr. Manigault was a graduate of South Carolina State University, where he excelled as a fullback under legendary Bulldogs' Head Football Coach Willie Jefferies, earned the nickname "Madd Manee", and was a key contributor in the Bulldogs' 1994 Heritage Bowl victory over the Grambling State University Tigers; and
Whereas, upon graduation, he became a mathematics instructor and football coach who made a profound impact on the students at Elloree, Denmark-Olar, and Allendale-Fairfax High Schools; and
Whereas, as a testimonial to his commitment to helping guide the young people he coached, on December 9, 2007, Allendale-Fairfax High School Assistant Head Football Coach Manigault, along with Head Football Coach Wayne Farmer, served as Grand Marshalls for the Town of Allendale's Christmas Parade. Shortly after the parade, Coach Manigault lost his life in a tragic automobile accident; and
Whereas, Mr. Manigault a resident of North Augusta in Aiken County, South Carolina, was employed at the Savannah River Site and was a determined entrepreneur; and
Whereas, Mr. Manigault leaves to cherish his memory, his wife, Anita Rice Manigault, daughters, Allaisha and Precious, along with many other family members and friends; and
Whereas, as a lasting tribute to the many accomplishments of this son of South Carolina, it is fitting and proper for the members of the General Assembly to honor him by naming a portion of South Carolina Highway 125 in his memory. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly, by this resolution, request the Department of Transportation to name the portion of South Carolina Highway 125 under state jurisdiction from its intersection with South Carolina Highway 3 in Allendale County to its intersection with United States Department of Energy's Savannah River Site's boundary near the Town of Jackson in Aiken County the "Coach Aaron Manigault Memorial Highway" and erect appropriate markers or signs along this portion of highway that contain the words "Coach Aaron Manigault 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 following Concurrent Resolution was taken up:
H. 3225 (Word version) -- Reps. Delleney, Clemmons and Mack: A CONCURRENT RESOLUTION TO FIX NOON ON WEDNESDAY, FEBRUARY 11, 2009, AS THE TIME TO ELECT A SUCCESSOR TO A CERTAIN CHIEF JUDGE OF THE COURT OF APPEALS, SEAT 5, WHOSE TERM EXPIRES JUNE 30, 2009; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT FOR THE FIRST JUDICIAL CIRCUIT, SEAT 1, TO FILL THE UNEXPIRED TERM THAT EXPIRES JUNE 30, 2010, AND THE SUBSEQUENT FULL TERM THAT EXPIRES JUNE 30, 2016; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT FOR THE FIFTH JUDICIAL CIRCUIT, SEAT 3, WHOSE TERM EXPIRES JUNE 30, 2009; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT FOR THE EIGHTH JUDICIAL CIRCUIT, SEAT 2, TO FILL THE UNEXPIRED TERM THAT EXPIRES JUNE 30, 2012; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT FOR THE NINTH JUDICIAL CIRCUIT, SEAT 3, WHOSE TERM EXPIRES JUNE 30, 2009; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT FOR THE FOURTEENTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 2009; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT FOR THE FIFTEENTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 2009; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT, AT-LARGE, SEAT 1, TO FILL THE UNEXPIRED TERM THAT EXPIRES JUNE 30, 2009, AND THE SUBSEQUENT FULL TERM THAT EXPIRES JUNE 30, 2015; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT, AT-LARGE, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 2009; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT, AT-LARGE, SEAT 3, WHOSE TERM EXPIRES JUNE 30, 2009; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT, AT-LARGE, SEAT 4, WHOSE TERM EXPIRES JUNE 30, 2009; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT, AT-LARGE, SEAT 5, WHOSE TERM EXPIRES JUNE 30, 2009; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT, AT-LARGE, SEAT 6, TO FILL THE UNEXPIRED TERM THAT EXPIRES JUNE 30, 2009, AND THE SUBSEQUENT FULL TERM THAT EXPIRES JUNE 30, 2015; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT, AT-LARGE, SEAT 7, WHOSE TERM EXPIRES JUNE 30, 2009; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT, AT-LARGE, SEAT 8, WHOSE TERM EXPIRES JUNE 20, 2009; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT, AT-LARGE, SEAT 9, WHOSE TERM EXPIRES JUNE 30, 2009; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT, AT-LARGE, SEAT 10, WHOSE TERM EXPIRES JUNE 30, 2009; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT FOR THE TENTH JUDICIAL CIRCUIT, SEAT 1, TO FILL THE UNEXPIRED TERM THAT EXPIRES JUNE 30, 2013; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT FOR THE THIRTEENTH JUDICIAL CIRCUIT, SEAT 6, TO FILL THE UNEXPIRED TERM THAT EXPIRES JUNE 30, 2010, AND THE SUBSEQUENT FULL TERM THAT EXPIRES JUNE 30, 2016; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE ADMINISTRATIVE LAW COURT, SEAT 4, TO FILL THE UNEXPIRED TERM THAT EXPIRES JUNE 30, 2010, AND THE SUBSEQUENT FULL TERM THAT EXPIRES JUNE 30, 2015.
Be it resolved by the House of Representatives, the Senate concurring:
That the House of Representatives and the Senate shall meet in joint assembly in the Hall of the House of Representatives Wednesday, February 11, 2009, at Noon to elect a successor to the Honorable Kaye G. Hearn, Chief Judge of the Court of Appeals, Seat 5, whose term expires June 30, 2009; to elect a successor to the Honorable James C. Williams, Jr., Judge of the Circuit Court for the First Judicial Circuit, Seat 1, to fill the unexpired term that expires June 30, 2010, and the subsequent full term that expires June 30, 2016; to elect a successor to the Honorable G. Thomas Cooper, Jr., Judge of the Circuit Court for the Fifth Judicial Circuit, Seat 3, whose term expires June 30, 2009; to elect a successor to the Honorable James W. Johnson, Jr., Judge of the Circuit Court for the Eighth Judicial Circuit, Seat 2, to fill the unexpired term that expires June 30, 2012; to elect a successor to the Honorable Roger M. Young, Judge of the Circuit Court for the Ninth Judicial Circuit, Seat 3, whose term expires June 30, 2009; to elect a successor to the Honorable Carmen Tevis Mullen, Judge of the Circuit Court for the Fourteenth Judicial Circuit, Seat 2, whose term expires June 30, 2009; to elect a successor to the Honorable Benjamin H. Culbertson, Judge of the Circuit Court for the Fifteenth Judicial Circuit, Seat 2, whose term expires June 30, 2009; to elect a successor to the Honorable John M. Milling, Judge of the Circuit Court, At-Large, Seat 1, to fill the unexpired term that expires June 30, 2009, and the subsequent full term that expires June 30, 2015; to elect a successor to the Honorable R. Markley Dennis, Jr., Judge of the Circuit Court, At-Large, Seat 2, whose term expires June 30, 2009, to elect a successor to the Honorable Clifton Newman, Judge of the Circuit Court, At-Large, Seat 3, whose term expires June 30, 2009; to elect a successor to the Honorable Edward W. Miller, Judge of the Circuit Court, At-Large, Seat 4, whose term expires June 30, 2009; to elect a successor to the Honorable J. Mark Hayes II, Judge of the Circuit Court, At-Large, Seat 5, whose term expires June 30, 2009; to elect a successor to the Honorable James E. Lockemy, Judge of the Circuit Court, At-Large, Seat 6, to fill the unexpired term that expires June 30, 2009; and the subsequent full term that expires June 30, 2015; to elect a successor to the Honorable J. Cordell Maddox, Jr., Judge of the Circuit Court, At-Large, Seat 7, whose term expires June 30, 2009; to elect a successor to the Honorable Kenneth G. Goode, Judge of the Circuit Court, At-Large, Seat 8, whose term expires June 30, 2009; to elect a successor to the Honorable J. Michelle Childs, Judge of the Circuit Court, At-Large, Seat 9, whose term expires June 30, 2009; to elect a successor to the Honorable James R. Barber III, Judge of the Circuit Court, At-Large, Seat 10, whose term expires June 30, 2009; to elect a successor to the Honorable Barry W. Knobel, Judge of the Family Court for the Tenth Judicial Circuit, Seat 1, to fill the unexpired term that expires June 30, 2013; to elect a successor to the Honorable Timothy L. Brown, Judge of the Family Court for the Thirteenth Judicial Circuit, Seat 6, to fill the unexpired term that expires June 30, 2010, and the subsequent full term that expires June 30, 2016; and to elect a successor to the Honorable John D. Geathers, Judge of the Administrative Law Court, Seat 4, to fill the unexpired term that expires June 30, 2010, and the subsequent full term that expires June 30, 2015.
Be it further resolved that all nominations must be made by the Chairman of the Judicial Merit Selection Commission and that no further nominating or seconding speeches may be made by members of the General Assembly on behalf of any candidate.
The Concurrent Resolution was adopted and sent to the Senate.
The motion period was dispensed with on motion of Rep. HOSEY.
Rep. ALLISON moved that the House do now adjourn, which was agreed to.
At 10:33 a.m. the House, in accordance with the motion of Rep. BRANTLEY, adjourned in memory of Ernest White, husband of former Representative Juanita White, to meet at 10:00 a.m. tomorrow.
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