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 Deuteronomy 18:21: "You may say to yourselves, how can we know when a message has been spoken by the Lord?"
Let us pray. Almighty God and Father, open our ears and our hearts to hear what Your message is to us who sit in these Halls of Government and make decisions that affect people of this State. Bind us together into one body that gives our very best in the duties assigned us. Keep us in Your love and care as individuals and as a body. Bestow Your blessing upon our Nation, President, State, Governor, Speaker, and all who serve here in this place. 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. COBB-HUNTER moved that when the House adjourns, it adjourn in memory of Austin Cunningham of Orangeburg, which was agreed to.
The following was received and referred to the appropriate committee for consideration:
Document No. 4042
Agency: Department of Natural Resources
Statutory Authority: 1976 Code Sections 50-1-200, 50-1-220, 50-11-10, 50-11-96, 50-11-105, 50-11-310, 50-11-335, 50-11-350, 50-11-390, 50-11-520, 50-11-530, 50-11-854, 50-11-2200, and 50-11-2210
Seasons, Bag Limits, Methods of Take and Special Use Restrictions on Wildlife Management Areas; Use of Fertility Control or Other Chemical Substances in Wildlife
Received by Speaker of the House of Representatives
February 4, 2009
Referred to Agriculture, Natural Resources and Environmental Affairs Committee
Legislative Review Expiration June 4, 2009
Rep. KIRSH, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:
H. 3222 (Word version) -- Reps. Bedingfield, Gullick, Erickson, Crawford, Duncan, Allison, Ballentine, Cato, Forrester, Hamilton, Harrell, Harrison, Horne, Kelly, Littlejohn, Millwood, Nanney, E. H. Pitts, M. A. Pitts, Rice, D. C. Smith, G. R. Smith, J. R. Smith, Stringer, Wylie, A. D. Young, T. R. Young, Daning and Owens: A CONCURRENT RESOLUTION MEMORIALIZING THE SOUTH CAROLINA CONGRESSIONAL DELEGATION TO OPPOSE LEGISLATION THAT DISENFRANCHISES SOUTH CAROLINA WORKERS BY REMOVING THEIR RIGHT TO A PRIVATE BALLOT UNION ELECTION.
Ordered for consideration tomorrow.
The following was introduced:
H. 3443 (Word version) -- Reps. Delleney, 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, Cobb-Hunter, Cole, Cooper, Crawford, Daning, Dillard, Duncan, Edge, Erickson, Forrester, Frye, Funderburk, Gambrell, Gilliard, Govan, 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, Merrill, Miller, Millwood, Mitchell, Moss, Nanney, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parker, Parks, Pinson, E. H. Pitts, M. A. Pitts, Rice, Rutherford, Sandifer, Scott, Sellers, 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, Vick, Viers, Weeks, Whipper, White, Whitmire, Williams, Willis, Wylie, A. D. Young and T. R. Young: A HOUSE RESOLUTION TO CONGRATULATE MRS. CLOVER HOLLY GATLING WOLF OF LEXINGTON COUNTY ON THE OCCASION OF HER NINETY-FIFTH BIRTHDAY, AND TO WISH HER A JOYOUS BIRTHDAY CELEBRATION AND CONTINUED HEALTH AND HAPPINESS.
The Resolution was adopted.
The following was introduced:
H. 3444 (Word version) -- Reps. Crawford, 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, Cobb-Hunter, Cole, Cooper, Daning, Delleney, Dillard, Duncan, Edge, Erickson, Forrester, Frye, Funderburk, Gambrell, Gilliard, Govan, 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, Merrill, Miller, Millwood, Mitchell, Moss, Nanney, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parker, Parks, Pinson, E. H. Pitts, M. A. Pitts, Rice, Rutherford, Sandifer, Scott, Sellers, 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, Vick, Viers, Weeks, Whipper, White, Whitmire, Williams, Willis, Wylie, A. D. Young and T. R. Young: A CONCURRENT RESOLUTION TO COMMEND MAJOR EDDIE C. JOHNSON OF SUMTER COUNTY FOR AN OUTSTANDING CAREER WITH THE SOUTH CAROLINA HIGHWAY PATROL AND FOR HIS OTHER CONTRIBUTIONS TO THIS STATE AND NATION UPON THE OCCASION OF HIS RETIREMENT FROM THE HIGHWAY PATROL AFTER TWENTY-NINE YEARS OF DISTINGUISHED SERVICE, AND TO WISH HIM MUCH SUCCESS AND HAPPINESS IN HIS FUTURE ENDEAVORS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Bills and Joint Resolutions were introduced, read the first time, and referred to appropriate committees:
H. 3445 (Word version) -- Reps. Clyburn, Sellers, Brantley, Frye, Allen, Allison, Anderson, R. L. Brown, Cobb-Hunter, Daning, Dillard, Hosey, Howard, Hutto, Limehouse, Moss, J. H. Neal, Parker, Rice and Spires: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-3910 SO AS TO PROVIDE THAT IT IS UNLAWFUL FOR A DRIVER OR OCCUPANT OF A MOTOR VEHICLE TO SMOKE A TOBACCO PRODUCT WHILE A CHILD OF PRESCHOOL AGE IS ALSO AN OCCUPANT OF THE MOTOR VEHICLE, AND TO PROVIDE A PENALTY.
Referred to Committee on Judiciary
H. 3452 (Word version) -- Reps. Bannister, Bales, Crawford, Limehouse, G. M. Smith and J. E. Smith: A BILL TO AMEND SUBARTICLE 11, ARTICLE 3, CHAPTER 6, TITLE 61, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGULATION OF MANUFACTURERS OF ALCOHOLIC LIQUORS, SO AS TO INCLUDE REGULATION OF MICRO-DISTILLERS OF ALCOHOLIC LIQUORS ON LICENSED PREMISES, TO DEFINE NECESSARY TERMS, TO PROVIDE A BIENNIAL DISTILLERY LICENSE FEE, TO PROVIDE PROCEDURES FOR WHO MAY OBTAIN A LICENSE, TO PROVIDE RESTRICTIONS ON THE LICENSE, TO PROVIDE FOR APPLICATIONS FOR TASTINGS AND LIMITATIONS ON TASTINGS, AND TO PROVIDE A PENALTY FOR PERSONS WHO VIOLATE THE PROVISIONS OF THE SUBARTICLE.
On motion of Rep. BANNISTER, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 3453 (Word version) -- Rep. Hiott: A BILL TO AMEND SECTION 56-7-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HANDWRITTEN AND ELECTRONIC TRAFFIC TICKETS, SO AS TO DELETE THE REQUIREMENTS THAT THE VARIOUS COPIES OF THE TRAFFIC TICKETS BE CERTAIN COLORS.
Referred to Committee on Education and Public Works
H. 3454 (Word version) -- Rep. J. E. Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-3685 SO AS TO PROVIDE FOR A CREDIT AGAINST THE STATE INCOME TAX UP TO TWO THOUSAND DOLLARS FOR CLOSING COSTS INCURRED IN CONNECTION WITH A PURCHASE MONEY RESIDENTIAL OR COMMERCIAL MORTGAGE OR THE REFINANCING OF A RESIDENTIAL OR COMMERCIAL MORTGAGE, AND TO DEFINE "CLOSING COSTS".
Referred to Committee on Ways and Means
H. 3455 (Word version) -- Reps. Erickson, Jefferson, Spires, Haley, Bowen, Herbkersman, Horne and A. D. Young: A BILL TO AMEND SECTION 40-51-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN CONNECTION WITH THE LICENSURE AND REGULATION OF PODIATRISTS, SO AS TO REVISE THE DEFINITION OF "PODIATRY" AND TO DEFINE "PODIATRIC PHYSICIAN"; AND BY ADDING SECTION 40-51-210 SO AS TO REQUIRE THAT SOFT TISSUE ANKLE STRUCTURES AND ANKLE SURGERIES TO BE PERFORMED IN A HOSPITAL OR AN AMBULATORY SURGICAL CENTER, TO REQUIRE HEALTH FACILITIES TO ALLOW A PODIATRIC PHYSICIAN TO PRACTICE CLINICAL AND SURGICAL PRIVILEGES IN THE FACILITY WITHIN THE SCOPE OF THE PHYSICIAN'S LICENSURE AND COMPETENCE, AND TO PROHIBIT DISCRIMINATION BETWEEN PERSONS WITH DIFFERENT MEDICAL DEGREES IF THE PERSONS ARE AUTHORIZED TO PERFORM THE SAME HEALTH SERVICE.
Referred to Committee on Medical, Military, Public and Municipal Affairs
H. 3456 (Word version) -- Rep. Bowen: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-13-115 SO AS TO PROVIDE THAT A COMPENSATION PACKAGE OFFERED TO A SCHOOL DISTRICT SUPERINTENDENT MAY NOT EXCEED NINETY FIVE PERCENT OF THE SALARY OF THE STATE SUPERINTENDENT OF EDUCATION, THAT A COMPENSATION PACKAGE OFFERED TO A DISTRICT ADMINISTRATIVE EMPLOYEE MAY NOT EXCEED NINETY FIVE PERCENT OF THE SALARY OF THE SCHOOL DISTRICT SUPERINTENDENT, THAT A COMPENSATION PACKAGE OFFERED TO A SCHOOL PRINCIPAL MAY NOT EXCEED NINETY FIVE PERCENT OF THE SALARY OF A DISTRICT ADMINISTRATIVE EMPLOYEE, AND THAT A COMPENSATION PACKAGE OFFERED TO A SCHOOL ADMINISTRATOR MAY NOT EXCEED NINETY FIVE PERCENT OF THE SALARY OF A SCHOOL PRINCIPAL, TO PROVIDE THAT INCREASES IN THESE COMPENSATION PACKAGES MUST BE APPROVED BY THE QUALIFIED ELECTORS OF A DISTRICT BY REFERENDUM DURING A SPECIAL ELECTION, AND TO DEFINE CERTAIN TERMS.
Referred to Committee on Ways and Means
H. 3457 (Word version) -- Reps. Ott, Govan, Cobb-Hunter and Harrell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 24 TO CHAPTER 53, TITLE 59 SO AS TO PROVIDE FOR THE ORANGEBURG-CALHOUN TECHNICAL COLLEGE ENTERPRISE CAMPUS, AND TO PROVIDE FOR ITS POWERS AND DUTIES.
On motion of Rep. OTT, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 3458 (Word version) -- Reps. Millwood, Duncan, Huggins, Merrill, Erickson, Bowen, Haley, Stringer, Crawford, Ballentine, Viers, Owens, G. R. Smith, Spires, Pinson, J. R. Smith, Cato, Frye, Toole, Bannister, Bingham, Bowers, Clemmons, Daning, Hamilton, Hearn, Long, Nanney, E. H. Pitts, M. A. Pitts, Rice, Scott, Sottile, Umphlett, Willis, Wylie and T. R. Young: A JOINT RESOLUTION TO PROVIDE THAT THE STATE BUDGET AND CONTROL BOARD SHALL ENGAGE A QUALIFIED INDEPENDENT AUDITING AND CONSULTING FIRM TO CONDUCT A FINANCIAL AND MANAGEMENT AUDIT OF THE STATE DEPARTMENT OF EDUCATION AND ANY OTHER RELATED ENTITIES IT CONSIDERS NECESSARY INCLUDING A REVIEW OF SCHOOL DISTRICT RECORDS IN ORDER TO PERFORM A COMPREHENSIVE ANALYSIS OF THE STATE BUDGETARY PROCESS IN REGARD TO EDUCATION FUNDING AND THE MANNER IN WHICH EDUCATION SERVICES ARE DELIVERED FOR THE PURPOSE OF REDUCING WASTE AND DUPLICATION WITHIN THIS SYSTEM AND MAKING IT AS FISCALLY EFFECTIVE AS POSSIBLE.
Referred to Committee on Ways and Means
H. 3459 (Word version) -- Rep. White: A JOINT RESOLUTION TO DIRECT THE DEPARTMENT OF SOCIAL SERVICES TO SUSPEND THE ENFORCEMENT OF CERTAIN CHILDCARE CENTER STAFF-CHILD RATIO REGULATIONS.
Referred to Committee on Medical, Military, Public and Municipal Affairs
H. 3460 (Word version) -- Rep. Bales: A BILL TO AMEND SECTION 4-8-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORIZATION TO CREATE A CONSOLIDATED GOVERNMENT CHARTER COMMISSION, SO AS TO CHANGE THE MANNER AND PROCEDURE FOR AUTHORIZING THE CREATION OF A CHARTER COMMISSION BY ACTION OF THE MUNICIPAL AND COUNTY GOVERNING BODIES OR BY A PETITION OF THE QUALIFIED ELECTOR REGISTERED TO VOTE IN THE COUNTY.
Referred to Committee on Medical, Military, Public and Municipal Affairs
H. 3461 (Word version) -- Reps. Umphlett, Limehouse, Gilliard, Mack, Sottile, Stringer and Wylie: A BILL TO AMEND SECTION 56-1-440, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES THAT ARE IMPOSED FOR THE OFFENSE OF DRIVING WITHOUT A LICENSE, SO AS TO INCREASE THE PENALTIES FOR THIS OFFENSE, TO ESTABLISH THE CRIMES OF OPERATING A MOTOR VEHICLE WITHOUT A DRIVER'S LICENSE WHEN DEATH OCCURS AND OPERATING A MOTOR VEHICLE WITHOUT A DRIVER'S LICENSE WHEN SERIOUS IMPAIRMENT OF A BODILY FUNCTION OF ANOTHER PERSON OCCURS, TO PROVIDE PENALTIES FOR BOTH OFFENSES, AND TO PROVIDE THAT A CONVICTION UNDER THIS SECTION DOES NOT BAR A CONVICTION FOR ANOTHER OFFENSE FOR THE SAME UNLAWFUL ACT; AND TO AMEND SECTION 56-1-480, RELATING TO AUTHORIZING OR KNOWINGLY PERMITTING A PERSON WHO IS NOT AUTHORIZED TO OPERATE A VEHICLE, SO AS TO PROVIDE PENALTIES FOR THIS OFFENSE, TO ESTABLISH THE CRIMES OF COMMITTING THIS OFFENSE WHEN THE PERSON WHO OPERATES THE VEHICLE ILLEGALLY CAUSES SERIOUS IMPAIRMENT OF A BODILY FUNCTION OF ANOTHER PERSON AND COMMITTING THIS OFFENSE WHEN THE PERSON WHO OPERATES THE VEHICLE ILLEGALLY CAUSES THE DEATH OF ANOTHER PERSON, TO PROVIDE PENALTIES FOR BOTH OFFENSES, AND TO PROVIDE THAT A CONVICTION UNDER THIS SECTION DOES NOT BAR A CONVICTION FOR ANOTHER OFFENSE FOR THE SAME UNLAWFUL ACT.
Referred to Committee on Judiciary
H. 3462 (Word version) -- Reps. Umphlett, Bowen, Gilliard, Horne, Wylie and A. D. Young: A BILL TO AMEND SECTION 59-23-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONSTRUCTION, IMPROVEMENT, AND RENOVATION OF PUBLIC SCHOOLS, SO AS TO PROVIDE THAT NEW CONSTRUCTION OF ELEMENTARY, MIDDLE, AND HIGH SCHOOL FACILITIES MUST COMPLY WITH SPECIFIED DESIGN AND ARCHITECTURAL REQUIREMENTS IMPOSED BY A COMMITTEE OF THE STATE DEPARTMENT OF EDUCATION, THAT THIS COMMITTEE SHALL CREATE THREE STANDARD ARCHITECTURAL PLANS FOR ELEMENTARY SCHOOLS, MIDDLE SCHOOLS, AND HIGH SCHOOLS TO WHICH ALL NEW CONSTRUCTION MUST COMPLY UNLESS PRIOR APPROVAL FOR ADAPTATION IS RECEIVED BY THE STATE DEPARTMENT OF EDUCATION, THAT STANDARD PLANS ARE THE PROPERTY OF THE STATE DEPARTMENT OF EDUCATION UPON ADOPTION, AND THAT A SCHOOL DISTRICT MAY NOT BE CHARGED FOR USE OF THE PLANS.
Referred to Committee on Education and Public Works
H. 3463 (Word version) -- Reps. G. R. Smith and Bannister: A BILL TO AMEND SECTION 56-7-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HANDWRITTEN AND ELECTRONIC TRAFFIC TICKETS, SO AS TO DELETE THE PROVISIONS THAT REQUIRE ELECTRONIC TRAFFIC TICKETS TO BE PRINTED IN SPECIFIC COLORS.
On motion of Rep G. R. SMITH, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 3464 (Word version) -- Reps. Jennings, Cato, Nanney, Stringer and Wylie: A BILL TO AMEND SECTION 7-13-110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A POLL MANAGER REQUIRED TO BE A REGISTERED ELECTOR AND RESIDENT OF THE COUNTY IN WHICH HE IS ASSIGNED TO WORK, SO AS TO AUTHORIZE A POLL MANAGER TO WORK IN ANOTHER COUNTY AS LONG AS HE IS QUALIFIED.
Referred to Committee on Judiciary
The following was introduced:
H. 3446 (Word version) -- Reps. Gilliard, 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, Cobb-Hunter, Cole, Cooper, Crawford, Daning, Delleney, Dillard, Duncan, Edge, Erickson, Forrester, Frye, Funderburk, Gambrell, Govan, 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, Merrill, Miller, Millwood, Mitchell, Moss, Nanney, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parker, Parks, Pinson, E. H. Pitts, M. A. Pitts, Rice, Rutherford, Sandifer, Scott, Sellers, 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, Vick, Viers, Weeks, Whipper, White, Whitmire, Williams, Willis, Wylie, A. D. Young and T. R. Young: A HOUSE RESOLUTION TO CONGRATULATE CHARLESTON DEVELOPMENT ACADEMY PUBLIC CHARTER SCHOOL FOR ITS INSPIRING FIVE-YEAR JOURNEY TO SUCCESS AND FOR ITS NEWLY RELEASED DOCUMENTARY THAT CHRONICLES THE JOURNEY.
The Resolution was adopted.
The following was introduced:
H. 3447 (Word version) -- Rep. Gilliard: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE CHARLESTON DEVELOPMENT ACADEMY PUBLIC CHARTER SCHOOL AND SCHOOL OFFICIALS, AT A DATE AND TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF RECOGNIZING AND COMMENDING THEM ON THEIR FIVE-YEAR JOURNEY TO SUCCESS AND FOR THEIR NEWLY RELEASED DOCUMENTARY THAT CHRONICLES THE JOURNEY.
The Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following was introduced:
H. 3448 (Word version) -- Reps. Bannister, Agnew, Alexander, Allen, Allison, Anderson, Anthony, Bales, Ballentine, Barfield, Battle, Bedingfield, Bingham, Bowen, Bowers, Brady, Branham, Brantley, G. A. Brown, H. B. Brown, R. L. Brown, Cato, Chalk, Clemmons, Clyburn, Cobb-Hunter, Cole, Cooper, Crawford, Daning, Delleney, Dillard, Duncan, Edge, Erickson, Forrester, Frye, Funderburk, Gambrell, Gilliard, Govan, 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, Merrill, Miller, Millwood, Mitchell, Moss, Nanney, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parker, Parks, Pinson, E. H. Pitts, M. A. Pitts, Rice, Rutherford, Sandifer, Scott, Sellers, 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, Vick, Viers, Weeks, Whipper, White, Whitmire, Williams, Willis, Wylie, A. D. Young and T. R. Young: A HOUSE RESOLUTION TO COMMEND TRAVIS FORTSON OF GREENVILLE COUNTY FOR HIS COURAGE IN OVERCOMING INJURIES RECEIVED WHILE ATTEMPTING TO AID THE VICTIM OF A TRAFFIC ACCIDENT ON JULY 9, 2007.
The Resolution was adopted.
The following was introduced:
H. 3449 (Word version) -- Reps. Govan, Alexander, Hutto, Jennings, Kelly, Rice and Whipper: A HOUSE RESOLUTION TO REVISE THE REPORTING DATE FROM JANUARY 13, 2009, TO MARCH 31, 2009, FOR THE TASK FORCE ON JUVENILE STATUS OFFENDERS ESTABLISHED BY H. 5089 OF 2008.
The Resolution was adopted.
The following was introduced:
H. 3450 (Word version) -- Rep. Harrison: A CONCURRENT RESOLUTION REQUESTING ALL STATE AGENCIES WITH INVESTIGATIVE AUTHORITY UNDER THE OMNIBUS ADULT PROTECTION ACT TO SUBMIT INFORMATION OF SUBSTANTIATED CASES OR CRIMINAL CONVICTIONS FOR ABUSE, NEGLECT, AND EXPLOITATION OF VULNERABLE ADULTS TO THE STATE BUDGET AND CONTROL BOARD FOR COMPILATION AND PUBLICATION ON THE STATE'S WEBSITE.
The Concurrent Resolution was ordered referred to the Committee on Ways and Means.
The following was introduced:
H. 3451 (Word version) -- Reps. Chalk, Herbkersman, Erickson, Hodges, 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, Clemmons, Clyburn, Cobb-Hunter, Cole, Cooper, Crawford, Daning, Delleney, Dillard, Duncan, Edge, Forrester, Frye, Funderburk, Gambrell, Gilliard, Govan, Gullick, Gunn, Haley, Hamilton, Hardwick, Harrell, Harrison, Hart, Harvin, Hayes, Hearn, Hiott, Horne, Hosey, Howard, Huggins, Hutto, Jefferson, Jennings, Kelly, Kennedy, King, Kirsh, Knight, Limehouse, Littlejohn, Loftis, Long, Lowe, Lucas, Mack, McEachern, McLeod, Merrill, Miller, Millwood, Mitchell, Moss, Nanney, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parker, Parks, Pinson, E. H. Pitts, M. A. Pitts, Rice, Rutherford, Sandifer, Scott, Sellers, 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, Vick, Viers, Weeks, Whipper, White, Whitmire, Williams, Willis, Wylie, A. D. Young and T. R. Young: A CONCURRENT RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY UPON THE PASSING OF JOHN CURRY OF BEAUFORT COUNTY AND TO EXTEND THE DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The roll call of the House of Representatives was taken resulting as follows:
Agnew Alexander Allen Allison Anderson Anthony Bales Ballentine Bannister Barfield Battle Bingham Bowen Bowers Brady Branham Brantley G. A. Brown H. B. Brown R. L. Brown Cato Chalk Clemmons Clyburn Cobb-Hunter Cole Cooper Crawford Daning Delleney Dillard Edge Erickson Forrester Frye Funderburk Gambrell Gilliard Govan Gullick Gunn Haley Hamilton Hardwick Harrell Harrison Hart Harvin Hayes Hearn Herbkersman Hodges Horne Hosey Howard Huggins Hutto Jefferson Jennings Kelly Kennedy King Kirsh Knight Limehouse Littlejohn Loftis Long Lowe Lucas Mack McEachern McLeod Merrill Miller Millwood Mitchell Moss Nanney J. M. Neal Ott Owens Parker Pinson E. H. Pitts M. A. Pitts Rice Rutherford 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 Vick Viers 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, February 5.
Jeffrey D. Duncan Joseph Neal Denny Neilson
Reps. HARRELL and EDGE signed a statement with the Clerk that they came in after the roll call of the House and were present for the Session on Wednesday, February 4.
The SPEAKER granted Rep. HIOTT a leave of absence for the day.
The SPEAKER granted Rep. PARKS a leave of absence due to illness.
Announcement was made that Dr. Robert Livingston of Newberry 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. 3042 (Word version)
Date: ADD:
02/05/09 H. B. BROWN
Bill Number: H. 3042 (Word version)
Date: ADD:
02/05/09 ANDERSON
Bill Number: H. 3042 (Word version)
Date: ADD:
02/05/09 J. E. SMITH
Bill Number: H. 3042 (Word version)
Date: ADD:
02/05/09 MILLER
Bill Number: H. 3042 (Word version)
Date: ADD:
02/05/09 M. A. PITTS
Bill Number: H. 3042 (Word version)
Date: ADD:
02/05/09 TOOLE
Bill Number: H. 3042 (Word version)
Date: ADD:
02/05/09 HAYES
Bill Number: H. 3042 (Word version)
Date: ADD:
02/05/09 BALES
Bill Number: H. 3042 (Word version)
Date: ADD:
02/05/09 JENNINGS
Bill Number: H. 3042 (Word version)
Date: ADD:
02/05/09 HERBKERSMAN
Bill Number: H. 3042 (Word version)
Date: ADD:
02/05/09 VICK
Bill Number: H. 3042 (Word version)
Date: ADD:
02/05/09 RUTHERFORD
Bill Number: H. 3042 (Word version)
Date: ADD:
02/05/09 HART
Bill Number: H. 3042 (Word version)
Date: ADD:
02/05/09 SELLERS
Bill Number: H. 3042 (Word version)
Date: ADD:
02/05/09 MCLEOD
Bill Number: H. 3042 (Word version)
Date: ADD:
02/05/09 MOSS
Bill Number: H. 3042 (Word version)
Date: ADD:
02/05/09 HIOTT
Bill Number: H. 3042 (Word version)
Date: ADD:
02/05/09 ALEXANDER
Bill Number: H. 3042 (Word version)
Date: ADD:
02/05/09 GAMBRELL
Bill Number: H. 3042 (Word version)
Date: ADD:
02/05/09 BINGHAM
Bill Number: H. 3042 (Word version)
Date: ADD:
02/05/09 BRADY
Bill Number: H. 3042 (Word version)
Date: ADD:
02/05/09 SANDIFER
Bill Number: H. 3067 (Word version)
Date: ADD:
02/05/09 VIERS
Bill Number: H. 3140 (Word version)
Date: ADD:
02/05/09 HARRELL
Bill Number: H. 3147 (Word version)
Date: ADD:
02/05/09 GUNN
Bill Number: H. 3166 (Word version)
Date: ADD:
02/05/09 TOOLE
Bill Number: H. 3227 (Word version)
Date: ADD:
02/05/09 WYLIE
Bill Number: H. 3245 (Word version)
Date: ADD:
02/05/09 LOFTIS
Bill Number: H. 3245 (Word version)
Date: ADD:
02/05/09 TOOLE
Bill Number: H. 3245 (Word version)
Date: ADD:
02/05/09 WYLIE
Bill Number: H. 3272 (Word version)
Date: ADD:
02/05/09 HARRISON
Bill Number: H. 3274 (Word version)
Date: ADD:
02/05/09 R. L. BROWN
Bill Number: H. 3275 (Word version)
Date: ADD:
02/05/09 DANING
Bill Number: H. 3276 (Word version)
Date: ADD:
02/05/09 DANING
Bill Number: H. 3278 (Word version)
Date: ADD:
02/05/09 DANING
Bill Number: H. 3279 (Word version)
Date: ADD:
02/05/09 DANING
Bill Number: H. 3299 (Word version)
Date: ADD:
02/05/09 WEEKS
Bill Number: H. 3299 (Word version)
Date: ADD:
02/05/09 HORNE
Bill Number: H. 3352 (Word version)
Date: ADD:
02/05/09 WILLIS
Bill Number: H. 3352 (Word version)
Date: ADD:
02/05/09 NEILSON
Bill Number: H. 3364 (Word version)
Date: ADD:
02/05/09 VIERS
Bill Number: H. 3372 (Word version)
Date: ADD:
02/05/09 LONG
Bill Number: H. 3372 (Word version)
Date: ADD:
02/05/09 STRINGER
Bill Number: H. 3372 (Word version)
Date: ADD:
02/05/09 G. R. SMITH
Bill Number: H. 3372 (Word version)
Date: ADD:
02/05/09 HUGGINS
Bill Number: H. 3372 (Word version)
Date: ADD:
02/05/09 NEILSON
Bill Number: H. 3372 (Word version)
Date: ADD:
02/05/09 HUTTO
Bill Number: H. 3372 (Word version)
Date: ADD:
02/05/09 HART
Bill Number: H. 3424 (Word version)
Date: ADD:
02/05/09 WYLIE
Bill Number: H. 3418 (Word version)
Date: ADD:
02/05/09 CLEMMONS
Bill Number: H. 3442 (Word version)
Date: ADD:
02/05/09 RICE
The following Bill was taken up:
S. 235 (Word version) -- Senator Rose: A BILL TO AUTHORIZE THE BOARD OF TRUSTEES FOR DORCHESTER SCHOOL DISTRICT NO. 2 TO IMPOSE AN IMPACT FEE ON ANY DEVELOPER FOR EACH NEW RESIDENTIAL DWELLING UNIT CONSTRUCTED BY THE DEVELOPER WITHIN THE SCHOOL DISTRICT, TO PROVIDE THAT THE FUNDS MAY ONLY BE USED FOR THE CONSTRUCTION OF PUBLIC EDUCATION FACILITIES FOR GRADES K-12 WITHIN THE DISTRICT AND FOR THE PAYMENT OF PRINCIPAL AND INTEREST ON EXISTING OR NEW BONDS ISSUED BY THE DISTRICT, AND TO PROVIDE THAT THE IMPACT FEE SHALL BE SET AT AN AMOUNT NOT TO EXCEED THE COST THAT EACH ADDITIONAL DWELLING UNIT IMPOSES ON THE SCHOOL DISTRICT FOR PUBLIC EDUCATION FACILITIES.
Reps. A. D. YOUNG and HORNE proposed the following Amendment No. 1 (COUNCIL\MS\7175ZW09), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting clause and inserting:
/ SECTION 1. (A) The Board of Trustees for Dorchester School District No. 2 may impose an impact fee on any developer for each new residential dwelling unit constructed by the developer within the school district. The fees must be paid to Dorchester School District No. 2 or, pursuant to an agreement, to a county or municipality that pays the fees to Dorchester School District No. 2, prior to or at the issuance of a certificate of occupancy for a dwelling unit.
(B) Dorchester School District No. 2 must maintain the impact fee funds in a separate interest bearing account. All interest earned and accruing to the account shall become funds of the account and must be subject to all restrictions placed on the use of impact fees pursuant to the provisions of this article. Accounting records must be maintained for each category of system improvements for which the fee is collected.
(C) The Board of Trustees for Dorchester School District No. 2 may only appropriate funds from the account for:
(1) the construction, including preparation costs, of new public education facilities for grades K-12 within Dorchester School District No. 2; and
(2) the payment of principal and interest on existing or new bonds issued by Dorchester School District No. 2 for the construction of public education facilities for grades K-12.
(D) The impact fee may be offset by any other cash payment paid by the developer and obtained by Dorchester School District No. 2 as a result of an agreement between the developer and another governmental entity.
(E) The Board of Trustees of Dorchester School District No. 2 will re-examine the amount of an impact fee being charged a developer upon receipt of a notice of appeal from the developer. If the notice of appeal is accompanied by a letter of credit in a form satisfactory to the board of trustees in an amount equal to the amount of impact fees owed, the new residential development may receive its certificate of occupancy while the appeal is pending.
(F) For purposes of this section, 'dwelling unit' means all residential units, including, but not limited to, single-family attached, single-family detached, duplex, condominium, townhouse, multi-family, apartment, and mobile home, but excluding hotels and motels.
(G) The district's board of trustees shall set the impact fee at an amount not to exceed two thousand five hundred dollars per dwelling unit."
SECTION 2. This act takes effect upon approval by the Governor and applies to any new residential construction which has not been issued a certificate of occupancy. /
Renumber sections to conform.
Amend title to conform.
Rep. A. D. YOUNG explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. A. D. YOUNG, with unanimous consent, it was ordered that S. 235 (Word version) be read the third time tomorrow.
The following Bill was taken up:
H. 3299 (Word version) -- Reps. Sandifer, Harrell, Cato, Thompson, Bedingfield, Bingham, Brady, Gambrell, Harrison, Jennings, Mack, Mitchell, Cooper, Crawford, Alexander, Allison, Anthony, Bales, Bannister, Barfield, Bowers, G. A. Brown, Clemmons, Cobb-Hunter, Duncan, Gullick, Haley, Hayes, Herbkersman, Howard, Huggins, Limehouse, Littlejohn, Lowe, Miller, Ott, Owens, Pinson, M. A. Pitts, J. R. Smith, J. E. Smith, Spires, Toole, Umphlett, White, Anderson, Whitmire, T. R. Young, A. D. Young, H. B. Brown, Forrester, Weeks and Horne: A BILL TO AMEND SECTION 58-9-576, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ELECTION BY AND DUTIES OF THE LOCAL EXCHANGE CARRIER AND ALTERNATIVE FORMS OF REGULATION, SO AS TO ENACT THE "CUSTOMER CHOICE AND TECHNOLOGY INVESTMENT ACT OF 2009".
Rep. LITTLEJOHN 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:
H. 3301 (Word version) -- Reps. Harrell, Cato, Sandifer, Sellers, Neilson, Erickson, Bannister, Bedingfield, Merrill, Mitchell, Anthony, Bingham, Huggins, Vick, Cooper, Chalk, J. R. Smith, Willis, Gilliard, Allison, Anderson, Bales, Barfield, Battle, Bowers, Brady, G. A. Brown, H. B. Brown, Cole, Daning, Duncan, Edge, Forrester, Gambrell, Gullick, Hamilton, Hayes, Herbkersman, Hiott, Jefferson, Kelly, Kirsh, Knight, Limehouse, Littlejohn, Long, Lowe, Lucas, Miller, Millwood, Nanney, Ott, Owens, Parker, Pinson, E. H. Pitts, M. A. Pitts, Scott, Simrill, Skelton, D. C. Smith, G. R. Smith, Sottile, Spires, Stewart, Stringer, Thompson, Toole, Umphlett, White, Whitmire, Wylie, A. D. Young and T. R. Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 34-39-175 SO AS TO REQUIRE THE CONSUMER FINANCE DIVISION OF THE BOARD OF FINANCIAL INSTITUTIONS TO IMPLEMENT A REAL-TIME INTERNET ACCESSIBLE DATABASE FOR DEFERRED PRESENTMENT PROVIDERS TO VERIFY IF DEFERRED PRESENTMENT TRANSACTIONS ARE OUTSTANDING FOR A PARTICULAR PERSON; BY ADDING SECTION 34-39-270 SO AS TO PROHIBIT A DEFERRED PRESENTMENT PROVIDER FROM ENTERING INTO A DEFERRED PRESENTMENT TRANSACTION WITH A PERSON WHO HAS AN OUTSTANDING DEFERRED PRESENTMENT TRANSACTION OR WHO HAS ENTERED INTO AN EXTENDED PAYMENT PLAN AGREEMENT AND TO REQUIRE A DEFERRED PRESENTMENT PROVIDER TO VERIFY WHETHER AN INDIVIDUAL IS ELIGIBLE TO ENTER INTO A DEFERRED PRESENTMENT TRANSACTION; BY ADDING SECTION 34-39-280 SO AS TO REQUIRE THOSE APPLYING FOR LICENSES TO ENGAGE IN THE BUSINESS OF DEFERRED PRESENTMENT TO PROVIDE CERTAIN INFORMATION REGARDING EXTENDED PAYMENT PLANS; TO AMEND SECTION 34-39-130, RELATING TO LICENSURE REQUIREMENTS FOR DEFERRED PRESENTMENT PROVIDERS, SO AS TO PROHIBIT A PERSON FROM ENGAGING IN THE BUSINESS OF DEFERRED PRESENTMENT SERVICES WITH A RESIDENT OF SOUTH CAROLINA EXCEPT IN ACCORDANCE WITH THE PROVISIONS OF CHAPTER 39, TITLE 34; TO AMEND SECTION 34-39-180, RELATING TO DEFERRED PRESENTMENT RESTRICTIONS AND REQUIREMENTS, SO AS TO PROVIDE THAT THE TOTAL AMOUNT ADVANCED TO A CUSTOMER FOR DEFERRED PRESENTMENT OR DEPOSIT, EXCLUSIVE OF PERMISSIBLE FEES, MAY NOT EXCEED SIX HUNDRED DOLLARS.
Reps. COBB-HUNTER, CLYBURN, JEFFERSON, KING, HART, GUNN, J. H. NEAL, WEEKS and WILLIAMS objected to the Bill.
Reps. CATO, ALLISON, SKELTON, R. L. BROWN, LITTLEJOHN, CLEMMONS, MACK, TOOLE, BALLENTINE, SANDIFER, WHITE, MERRILL, BRADY, HODGES, FUNDERBURK, GAMBRELL, AGNEW, OTT, FORRESTER, PARKER, MILLER, BRANHAM and BINGHAM requested debate on the Bill.
Rep. COBB-HUNTER 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.
Rep. HART raised the Point of Order that Rep. COBB-HUNTER's twenty-four hour Point of Order superseded all requests for debate or objections placed upon the Bill and that all requests for debate placed upon H. 3301 should be removed with the Bill retaining its place on the statewide uncontested calendar.
SPEAKER HARRELL stated that the required minimum of five House members had requested debate on the Bill before the twenty-four hour Point of Order was raised. He, therefore, overruled the Point of Order and stated that the Bill would be moved to the contested calendar.
The following Bill was taken up:
H. 3137 (Word version) -- Reps. Harrison and Battle: A BILL TO AMEND SECTION 4-9-145, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LITTER CONTROL OFFICERS, SO AS TO PROVIDE THAT AN ANIMAL CONTROL OFFICER HAS THE SAME POWERS AND DUTIES AS A LITTER CONTROL OFFICER.
The Judiciary Committee proposed the following Amendment No. 1 (COUNCIL\DKA\3153DW09), which was adopted:
Amend the bill, as and if amended, by striking SECTION 1 in its entirety and inserting:
/ SECTION 1. Section 4-9-145(B) of the 1976 Code, as last amended by Act 109 of 2001, is further amended to read:
"(B)(1) The number of litter or animal control officers vested with custodial arrest authority who are appointed and commissioned pursuant to subsection (A) must not exceed the greater of:
(a) the number of officers appointed and commissioned by the county on July 1, 2001; or
(b) one officer for every twenty-five thousand persons in the county, based upon the 2000 census. Each county may appoint and commission at least one officer, without regard to the population of the county.
(2)(a) A litter or animal control officer appointed and commissioned pursuant to subsection (A) may exercise the power of arrest with respect to his primary duties of enforcement of litter or animal control laws and ordinances and other state and local laws and ordinances as may arise incidental to the enforcement of his primary duties only if the officer has been certified as a law enforcement officer pursuant to Article 9, Chapter 6, Chapter 23, Title 23.
(b) In the absence of an arrest for a violation of the litter or animal control laws and ordinances, a litter or animal control officer authorized to exercise the power of arrest pursuant to subitem (a) may not stop a person or make an incidental arrest of a person for a violation of other state and local laws and ordinances.
(3) For purposes of this section, the phrase 'litter or animal control officer' means a code enforcement officer authorized to enforce litter or animal control laws and ordinances." /
Renumber sections to conform.
Amend title to conform.
Rep. KELLY explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. KELLY, with unanimous consent, it was ordered that H. 3137 (Word version) be read the third time tomorrow.
The following Bill was taken up:
H. 3067 (Word version) -- Reps. Clemmons, Brady, M. A. Pitts, Merrill, Wylie, Bingham and Viers: A BILL TO AMEND SECTION 7-11-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO METHODS OF NOMINATING CANDIDATES, SO AS TO PROHIBIT A CANDIDATE FROM FILING MORE THAN ONE STATEMENT OF INTENTION OF CANDIDACY FOR A SINGLE ELECTION, AND TO PROHIBIT A CANDIDATE FROM BEING NOMINATED BY MORE THAN ONE POLITICAL PARTY FOR A SINGLE OFFICE IN AN ELECTION; AND TO AMEND SECTION 7-13-320, RELATING TO BALLOTS AND SPECIFICATIONS, SO AS TO PROHIBIT A CANDIDATE'S NAME FROM APPEARING ON THE BALLOT MORE THAN ONCE.
Rep. CLEMMONS 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:
H. 3245 (Word version) -- Reps. Delleney, Nanney, Simrill, G. R. Smith, G. M. Smith, Lucas, Cooper, Stringer, Parker, Allison, Pinson, Hamilton, Erickson, J. R. Smith, Clemmons, Bedingfield, E. H. Pitts, Owens, Rice, Hiott, Littlejohn, Stewart, Viers, Willis, Loftis, Toole and Wylie: A BILL TO AMEND SECTION 44-41-330, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING, AMONG OTHER THINGS, TO PREREQUISITES TO PERFORMING AN ABORTION, SO AS TO PROVIDE THAT IF AN ULTRASOUND IS PERFORMED, AN ABORTION MUST NOT BE PERFORMED SOONER THAN TWENTY-FOUR HOURS, RATHER THAN SIXTY MINUTES, FOLLOWING THE COMPLETION OF THE ULTRASOUND, TO REQUIRE THE WOMAN TO BE INFORMED OF THE PROCEDURE TO BE INVOLVED AND THE PROBABLE GESTATIONAL AGE OF THE EMBRYO OR FETUS, AND TO PROVIDE THAT AN ABORTION MAY NOT BE PERFORMED SOONER THAN TWENTY-FOUR HOURS, RATHER THAN ONE HOUR, AFTER THE WOMAN RECEIVES CERTAIN WRITTEN MATERIALS.
Rep. COBB-HUNTER 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.
On motion of Rep. WHITMIRE, with unanimous consent, the following Joint Resolution was ordered recalled from the Committee on Education and Public Works:
H. 3295 (Word version) -- Reps. Hamilton, Allen, Bedingfield, Cato, Dillard, Nanney, Stringer and Wylie: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY MISSED ON JANUARY 8, 2009 BY THE STUDENTS OF PARIS ELEMENTARY SCHOOL, TAYLORS ELEMENTARY SCHOOL, AND SEVIER MIDDLE SCHOOL WHEN THE SCHOOLS WERE CLOSED DUE TO A POWER OUTAGE IS EXEMPT FROM THE MAKE-UP REQUIREMENT THAT FULL SCHOOL DAYS MISSED DUE TO SNOW, EXTREME WEATHER, OR OTHER DISRUPTIONS BE MADE UP.
Rep. HART asked unanimous consent to recall H. 3056 (Word version) from the Committee on Labor, Commerce and Industry.
Rep. SANDIFER objected.
The Senate Amendments to the following Bill were taken up for consideration:
H. 3061 (Word version) -- Rep. A. D. Young: A BILL TO DESIGNATE A CERTAIN PORTION OF DORCHESTER COUNTY AS COOSAW POINTE, AND TO REQUEST THE SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION TO ERECT SIGNS INDICATING THIS AREA DESIGNATED AS COOSAW POINTE.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Harrell Horne A. D. Young
Those who voted in the negative are:
The Senate Amendments were concurred in and a message was ordered sent to the Senate accordingly.
I meant to vote "yea" on H. 3061, the local Dorchester County Bill.
Rep. Patsy Knight
The following House Resolution was taken up:
H. 3370 (Word version) -- Reps. Clemmons, Barfield, Edge, Hardwick, Hearn and Viers: A HOUSE RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION RENAME PUNCH BOWL LANDING IN HORRY COUNTY AS THE J.T. AND AGNES BARFIELD LANDING.
The Resolution was adopted.
The following Concurrent Resolution was taken up:
H. 3274 (Word version) -- Reps. Gilliard, Alexander, Brantley, Clyburn, Cobb-Hunter, Forrester, Govan, Gunn, Hosey, Howard, Hutto, Jefferson, Kirsh, Mack, Miller, Sottile, Stavrinakis, Whipper and R. L. Brown: A CONCURRENT RESOLUTION TO MEMORIALIZE THE UNITED STATES CONGRESS TO APPROPRIATE THE FUNDS NECESSARY TO ALLOW THE STATE OF SOUTH CAROLINA AND THE CITY OF CHARLESTON TO COMPLETE THE SPRING STREET/FISHBURNE STREET/UNITED STATES HIGHWAY 17 DRAINAGE BASIN IMPROVEMENTS PROJECT LOCATED IN THE CITY OF CHARLESTON, SOUTH CAROLINA.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Concurrent Resolution was taken up:
H. 3338 (Word version) -- Reps. King and Simrill: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF SOUTH CAROLINA HIGHWAY 5 IN YORK COUNTY FROM ITS INTERSECTION WITH CHERRY ROAD TO ITS INTERSECTION WITH HECKLE BOULEVARD "JUANITA GOGGINS HIGHWAY" AND ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS PORTION OF HIGHWAY THAT CONTAIN THE WORDS "JUANITA GOGGINS HIGHWAY".
The Concurrent Resolution was adopted and sent to the Senate.
The following Concurrent Resolution was taken up:
H. 3349 (Word version) -- Reps. Barfield, Hearn, Viers and Hardwick: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF UNITED STATES HIGHWAY 501 IN HORRY COUNTY THAT RUNS THROUGH THE TOWN OF AYNOR THE "W. G. HUCKS HIGHWAY" AND ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS PORTION OF HIGHWAY THAT CONTAIN THE WORDS "W. G. HUCKS HIGHWAY".
The Concurrent Resolution was adopted and sent to the Senate.
The following Concurrent Resolution was taken up:
H. 3361 (Word version) -- Rep. H. B. Brown: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE INTERCHANGE LOCATED AT EXIT 34 IN FAIRFIELD COUNTY ALONG INTERSTATE HIGHWAY 77 THE "SENATOR JOHN A. MARTIN INTERCHANGE" AND ERECT APPROPRIATE MARKERS OR SIGNS AT THIS INTERCHANGE THAT CONTAIN THE WORDS "SENATOR JOHN A. MARTIN INTERCHANGE".
The Concurrent Resolution was adopted and sent to the Senate.
The following Concurrent Resolution was taken up:
H. 3364 (Word version) -- Reps. Merrill, Umphlett and Viers: A CONCURRENT RESOLUTION TO MEMORIALIZE BOTH THE PRESIDENT AND CONGRESS OF THE UNITED STATES TO REFRAIN FROM LOCATING OR RELOCATING IN SOUTH CAROLINA INDIVIDUALS WHOM THE FEDERAL GOVERNMENT HAS CLASSIFIED AS "ENEMY COMBATANTS" OR OTHER SIMILAR TERM USED TO DESCRIBE A FOREIGN NATIONAL WHO IS SUSPECTED OF COMMITTING, CONSPIRING TO COMMIT, OR ATTEMPTING TO COMMIT AN ACT OF TERROR ON UNITED STATES SOIL OR ABROAD.
The Concurrent Resolution was adopted and sent to the Senate.
The following Concurrent Resolution was taken up:
S. 257 (Word version) -- Senators Knotts, Setzler, Shoopman, Rose, Bryant, Verdin, Grooms, Alexander, Davis, Cleary, Campsen, Fair, Campbell, S. Martin, Bright and Cromer: A CONCURRENT RESOLUTION TO INVITE THE NATIONAL COMMANDER OF THE AMERICAN LEGION, THE HONORABLE DAVE REHBEIN, 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, FEBRUARY 24, 2009.
Rep. RICE demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allen Allison Anderson Anthony Bales Ballentine Bannister Barfield Battle Bingham Bowen Brady G. A. Brown H. B. Brown R. L. Brown Cato Chalk Clyburn Cole Daning Delleney Dillard Duncan Edge Erickson Forrester Frye Funderburk Gambrell Gilliard Govan Gullick Gunn Haley Hamilton Hardwick Harrell Harvin Hayes Hearn Hodges Horne Huggins Hutto Jennings Kelly King Kirsh Knight Limehouse Littlejohn Long Lowe Lucas Mack McEachern McLeod Miller Millwood Mitchell Moss Nanney J. M. Neal Neilson Ott Owens Parker Pinson Rice Simrill Skelton D. C. Smith G. R. Smith J. E. Smith J. R. Smith Sottile Spires Stavrinakis Stringer Thompson Toole Umphlett Vick Weeks Whipper White Whitmire Williams A. D. Young T. R. Young
Those who voted in the negative are:
Wylie
The Concurrent Resolution was adopted and sent to the Senate.
I voted "nay" on S. 257. My vote was in no way a reflection of my admiration and support of the American Legion, but to make the point that in our current financial situation, we should be focused on the business of the budget and the State's economy as opposed to gathering the entire legislative body together to attend a speech from any organization, unless it would have a direct bearing on the State's business.
Rep. Bill Wylie
Rep. RUTHERFORD moved that the House do now adjourn, which was agreed to.
At 11:08 a.m. the House, in accordance with the motion of Rep. COBB-HUNTER, adjourned in memory of Austin Cunningham of Orangeburg, to meet at 10:00 a.m. tomorrow.
This web page was last updated on Friday, February 19, 2010 at 1:48 P.M.