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 147:10-11: "His delight is not in the strength of the horse, nor his pleasure in the speed of a runner; but the Lord takes pleasure in those who fear him, in those who hope in his steadfast love."
Let us pray. We give thanks to You, heavenly Father, for the many blessings that You graciously bestow upon us. May we all be accountable today for acts of kindness shown to those in need. Grant these Representatives and Staff the courage and wisdom to do the work of the people. Sustain our Nation, President, State, Governor, Speaker, and all who labor in these Halls of Government. Protect our defenders of freedom at home and abroad as they protect us. Hear our prayer, O Lord. Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.
After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.
Rep. BARFIELD moved that when the House adjourns, it adjourn in memory of Betty Roberts Hucks and Charles COLLIN Hucks of Aynor, which was agreed to.
The following were received and referred to the appropriate committees for consideration:
Document No. 4102
Agency: Department of Labor, Licensing and Regulation - Office of State Fire Marshal
Statutory Authority: 1976 Code Sections 23-9-40 and 23-9-45
Portable Fire Extinguishers and Fixed Fire Extinguishing Systems
Received by Speaker of the House of Representatives
January 26, 2010
Referred to Labor, Commerce and Industry Committee
Legislative Review Expiration May 26, 2010
Document No. 4114
Agency: Building Codes Council
Statutory Authority: 1976 Code Section 6-8-20
Inspectors - Registration, Fees and Disciplinary Procedure
Received by Speaker of the House of Representatives
January 26, 2010
Referred to Labor, Commerce and Industry Committee
Legislative Review Expiration May 26, 2010
Document No. 4110
Agency: Department of Natural Resources
Statutory Authority: 1976 Code Sections 50-11-2200 and 50-11-2210
Regulation of Real Property Owned and Leased by the Department
Received by Speaker of the House of Representatives
January 26, 2010
Referred to Agriculture, Natural Resources and Environmental Affairs Committee
Legislative Review Expiration May 26, 2010
Rep. SANDIFER, from the Committee on Labor, Commerce and Industry, submitted a favorable report with amendments on:
H. 3736 (Word version) -- Reps. Rice, Cato, Hiott, Owens and Wylie: A BILL TO AMEND SECTION 41-7-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORIZED DEDUCTIONS OF LABOR ORGANIZATION MEMBERSHIP DUES FROM WAGES, SO AS TO REVISE THE MANNER IN WHICH AND CONDITIONS UNDER WHICH THESE DEDUCTIONS MAY BE MADE AND FOR CERTAIN PROHIBITED DEDUCTIONS.
Ordered for consideration tomorrow.
Rep. SANDIFER, from the Committee on Labor, Commerce and Industry, submitted a favorable report with amendments on:
S. 362 (Word version) -- Senator Alexander: A BILL TO AMEND SECTION 42-11-30 OF THE 1976 CODE, RELATING TO FIREFIGHTERS COVERED UNDER WORKERS' COMPENSATION LAW AND THE PRESUMPTION REGARDING IMPAIRMENT OR INJURY FROM HEART DISEASE AND/OR RESPIRATORY DISEASE, TO PROVIDE THAT THE IMPAIRMENT OR INJURY IS CONSIDERED TO HAVE ARISEN OUT OF AND IN THE COURSE OF EMPLOYMENT IF THEY HAVE SUCCESSFULLY PASSED A PHYSICAL EXAM WITHIN THE LAST TEN YEARS.
Ordered for consideration tomorrow.
Rep. SANDIFER, from the Committee on Labor, Commerce and Industry, submitted a favorable report with amendments on:
S. 454 (Word version) -- Senators Peeler and Ford: A BILL TO AMEND CHAPTER 56, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE BOARD OF PYROTECHNIC REGULATIONS, SO AS TO REVISE THE CHAPTER TITLE, TO PROVIDE STATE POLICY CONCERNING PYROTECHNICS, TO INCREASE THE STATE BOARD OF PYROTECHNIC SAFETY FROM SIX TO SEVEN MEMBERS, TO DEFINE TERMS, TO REQUIRE LICENSURE FOR THE MANUFACTURING, SALE, OR STORAGE OF FIREWORKS, TO AUTHORIZE THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, FIRE CHIEFS, AND LAW ENFORCEMENT OFFICERS TO INVESTIGATE COMPLAINTS, TO PROVIDE GROUNDS FOR DISCIPLINARY ACTION, TO REQUIRE LIABILITY INSURANCE, TO REQUIRE REPORTING OF FIRES AND EXPLOSIONS, TO PROVIDE CRIMINAL AND CIVIL PENALTIES FOR VIOLATIONS, AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF PERSONS HANDLING FIREWORKS.
Ordered for consideration tomorrow.
Rep. SANDIFER, from the Committee on Labor, Commerce and Industry, submitted a favorable report on:
H. 4147 (Word version) -- Reps. Limehouse, Sottile and H. B. Brown: A JOINT RESOLUTION TO ESTABLISH A STUDY COMMITTEE TO REVIEW, STUDY, AND MAKE RECOMMENDATIONS CONCERNING THE NEED TO REGULATE THE SALE OF POTENTIALLY HIGHLY FLAMMABLE FURNITURE IN THIS STATE, TO PROVIDE FOR THE STUDY COMMITTEE'S MEMBERSHIP, AND TO REQUIRE THE STUDY COMMITTEE TO REPORT ITS FINDINGS AND RECOMMENDATIONS TO THE GENERAL ASSEMBLY NO LATER THAN JANUARY 20, 2011, AT WHICH TIME THE STUDY COMMITTEE IS ABOLISHED.
Ordered for consideration tomorrow.
Rep. KIRSH, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:
H. 4369 (Word version) -- Rep. Battle: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF UNITED STATES HIGHWAY 501 BUSINESS FROM ITS INTERSECTION WITH SOUTH CAROLINA HIGHWAY 41/ARIELS CROSSROADS TO THE 41A/UNITED STATES HIGHWAY 501 BUSINESS INTERSECTION IN MARION COUNTY "MARVIN L. STEVENSON, COUNTY COUNCILMAN, COMMISSIONER HIGHWAY" AND ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS PORTION OF HIGHWAY THAT CONTAIN THE WORDS "MARVIN L. STEVENSON, COUNTY COUNCILMAN, COMMISSIONER HIGHWAY".
Ordered for consideration tomorrow.
Rep. KIRSH, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:
S. 471 (Word version) -- Senators O'Dell and Bryant: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF UNITED STATES HIGHWAY 178/76 IN ANDERSON COUNTY FROM ITS INTERSECTION WITH EAST SHOCKLEY FERRY ROAD IN THE CITY OF ANDERSON TO ITS INTERSECTION WITH MAIN STREET IN THE TOWN OF BELTON "VETERANS MEMORIAL HIGHWAY" AND ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS PORTION OF HIGHWAY THAT CONTAIN THE WORDS "VETERANS MEMORIAL HIGHWAY".
Ordered for consideration tomorrow.
Rep. KIRSH, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:
S. 1064 (Word version) -- Senators Williams and Elliott: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF UNITED STATES HIGHWAY 501 BUSINESS FROM ITS INTERSECTION WITH SOUTH CAROLINA HIGHWAY 41/ARIELS CROSSROADS TO THE 41A/UNITED STATES HIGHWAY 501 BUSINESS INTERSECTION IN MARION COUNTY "MARVIN STEVENSON, COUNTY COUNCILMAN, COMMISSIONER HIGHWAY" AND ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS PORTION OF HIGHWAY THAT CONTAIN THE WORDS "MARVIN STEVENSON, COUNTY COUNCILMAN, COMMISSIONER HIGHWAY".
Ordered for consideration tomorrow.
The following was introduced:
H. 4418 (Word version) -- Reps. Kelly, 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, Gilliard, Govan, Gunn, Haley, Hamilton, Hardwick, Harrell, Harrison, Hart, Harvin, Hayes, Hearn, Herbkersman, Hiott, Hodges, Horne, Hosey, Howard, Huggins, Hutto, Jefferson, Jennings, Kennedy, King, Kirsh, Knight, Limehouse, Littlejohn, Loftis, Long, Lowe, Lucas, Mack, McEachern, McLeod, Merrill, Miller, Millwood, Mitchell, D. C. Moss, V. S. Moss, Nanney, J. H. Neal, J. M. Neal, Neilson, Norman, 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 LILLIE SARAH KELLY OF SPARTANBURG COUNTY ON THE OCCASION OF HER TWENTY-FIRST BIRTHDAY AND TO WISH HER A JOYOUS BIRTHDAY CELEBRATION AND MANY MORE YEARS OF HEALTH AND HAPPINESS.
The Resolution was adopted.
The following was introduced:
H. 4419 (Word version) -- Rep. Long: A HOUSE RESOLUTION TO CONGRATULATE YORK COUNTY'S NATION FORD HIGH SCHOOL MARCHING BAND ON WINNING THE 2009 SOUTH CAROLINA CLASS AAA STATE MARCHING BAND CHAMPIONSHIP TITLE.
The Resolution was adopted.
On motion of Rep. LONG, with unanimous consent, the following was taken up for immediate consideration:
H. 4420 (Word version) -- Rep. Long: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE NATION FORD HIGH SCHOOL MARCHING BAND, BAND DIRECTOR, AND SCHOOL OFFICIALS, AT A DATE AND TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF RECOGNIZING AND COMMENDING THEM FOR CAPTURING THE 2009 CLASS AAA STATE MARCHING BAND CHAMPIONSHIP TITLE.
The Resolution was adopted.
The following was introduced:
H. 4421 (Word version) -- Rep. Long: A HOUSE RESOLUTION TO RECOGNIZE AND HONOR THE FORT MILL HIGH SCHOOL MARCHING BAND FOR AN OUTSTANDING SEASON, AND TO CONGRATULATE THE MUSICIANS, DIRECTORS, AND SCHOOL OFFICIALS FOR GARNERING THE 2009 CLASS AAAA STATE CHAMPIONSHIP TITLE.
The Resolution was adopted.
On motion of Rep. LONG, with unanimous consent, the following was taken up for immediate consideration:
H. 4422 (Word version) -- Rep. Long: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE FORT MILL HIGH SCHOOL MARCHING BAND, DIRECTORS, AND SCHOOL OFFICIALS, AT A DATE AND TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF RECOGNIZING AND COMMENDING THEM ON THEIR STELLAR SEASON AND FOR CAPTURING THE 2009 CLASS AAAA STATE CHAMPIONSHIP TITLE.
The Resolution was adopted.
The following was introduced:
H. 4423 (Word version) -- Reps. Harrell, Limehouse, Stavrinakis, R. L. Brown, Gilliard, Horne, Hutto, Mack, Merrill, Miller, Scott, Sottile, Whipper, A. D. Young, Agnew, Alexander, Allen, Allison, Anderson, Anthony, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bingham, Bowen, Bowers, Brady, Branham, Brantley, G. A. Brown, H. B. Brown, Cato, Chalk, Clemmons, Clyburn, Cobb-Hunter, Cole, Cooper, Crawford, Daning, Delleney, Dillard, Duncan, Edge, Erickson, Forrester, Frye, Funderburk, Gambrell, Govan, Gunn, Haley, Hamilton, Hardwick, Harrison, Hart, Harvin, Hayes, Hearn, Herbkersman, Hiott, Hodges, Hosey, Howard, Huggins, Jefferson, Jennings, Kelly, Kennedy, King, Kirsh, Knight, Littlejohn, Loftis, Long, Lowe, Lucas, McEachern, McLeod, Millwood, Mitchell, D. C. Moss, V. S. Moss, Nanney, J. M. Neal, J. H. Neal, Neilson, Norman, Ott, Owens, Parker, Parks, Pinson, E. H. Pitts, M. A. Pitts, Rice, Rutherford, Sandifer, Sellers, Simrill, Skelton, D. C. Smith, G. M. Smith, G. R. Smith, J. R. Smith, J. E. Smith, Spires, Stewart, Stringer, Thompson, Toole, Umphlett, Vick, Viers, Weeks, White, Whitmire, Williams, Willis, Wylie and T. R. Young: A CONCURRENT RESOLUTION TO HONOR AND RECOGNIZE BETH DANIEL FOR HER EXCEPTIONAL CAREER IN PROFESSIONAL GOLF, AND TO CONGRATULATE HER UPON THE OCCASION OF LEADING THE 2009 UNITED STATES SOLHEIM CUP TEAM TO VICTORY.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4424 (Word version) -- Reps. G. M. Smith, Weeks, G. A. Brown, Lowe, J. H. Neal, Agnew, Alexander, Allen, Allison, Anderson, Anthony, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bingham, Bowen, Bowers, Brady, Branham, Brantley, 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, 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, Lucas, Mack, McEachern, McLeod, Merrill, Miller, Millwood, Mitchell, D. C. Moss, V. S. Moss, Nanney, J. M. Neal, Neilson, Norman, Ott, Owens, Parker, Parks, Pinson, E. H. Pitts, M. A. Pitts, Rice, Rutherford, Sandifer, Scott, Sellers, Simrill, Skelton, D. C. Smith, G. R. Smith, J. E. Smith, J. R. Smith, Sottile, Spires, Stavrinakis, Stewart, Stringer, Thompson, Toole, Umphlett, Vick, Viers, Whipper, White, Whitmire, Williams, Willis, Wylie, A. D. Young and T. R. Young: A HOUSE RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES UPON THE PASSING OF W. BURKE WATSON OF SUMTER, AND TO EXTEND THE DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
The Resolution was adopted.
On motion of Rep. MILLER, with unanimous consent, the following was taken up for immediate consideration:
H. 4425 (Word version) -- Reps. Miller and Anderson: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE WACCAMAW HIGH SCHOOL BOYS TENNIS 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 UNDEFEATED SEASON AND FOR CAPTURING THE 2009 CLASS AA STATE CHAMPIONSHIP TITLE.
The Resolution was adopted.
The following was introduced:
H. 4426 (Word version) -- Reps. Hardwick, Viers, Merrill, Stavrinakis, Limehouse, Sottile, Erickson, Chalk, Edge, Hearn and Herbkersman: A CONCURRENT RESOLUTION TO DESIGNATE JUNE 12, 2010, AS "NATIONAL MARINA DAY IN SOUTH CAROLINA" IN ORDER TO HONOR SOUTH CAROLINA'S MARINAS FOR THEIR CONTRIBUTIONS TO THE COMMUNITY AND TO EDUCATE POLITICIANS, CIVIC LEADERS, AND THE PUBLIC ON THE MANY AND VARIED CONTRIBUTIONS OF MARINAS AND THE IMPORTANT ROLE THEY PLAY AS FAMILY-FRIENDLY GATEWAYS TO BOATING, AND TO REQUEST THAT OUR STATE JOIN HANDS WITH OTHER STATES AND THOUSANDS OF WATERFRONT COMMUNITIES ACROSS THE UNITED STATES IN CELEBRATING THIS DAY.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Bills and Joint Resolution were introduced, read the first time, and referred to appropriate committees:
H. 4427 (Word version) -- Rep. Jennings: A BILL TO AMEND SECTION 12-21-4090, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEPOSITS, TRANSFERS, AND DISBURSEMENTS OF THE PROCEEDS FROM BINGO GAMES, SO AS TO PROVIDE THAT THE NET PROCEEDS ALSO MUST BE APPLIED BY THE NONPROFIT ORGANIZATION FOR CHARITABLE PURPOSES IN THE COUNTY WHERE THE BINGO GAME IS CONDUCTED, OR DISTRIBUTED BY THE ORGANIZATION TO ANOTHER CHARITABLE ORGANIZATION LOCATED IN THAT COUNTY AND USED FOR ITS CHARITABLE PURPOSES IN THE COUNTY.
Referred to Committee on Ways and Means
H. 4428 (Word version) -- Rep. Rutherford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-1-125 SO AS TO PROHIBIT A MUNICIPALITY OR A COUNTY THAT REQUIRES A BUSINESS LICENSE FEE TO SET THE FINAL DEADLINE FOR PAYMENT BEFORE OCTOBER FIFTEENTH OF THE YEAR IN WHICH THE FEE IS DUE.
Referred to Committee on Ways and Means
H. 4429 (Word version) -- Reps. Bingham and Hardwick: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-22-35 SO AS TO PROVIDE A REGISTERED ENGINEER OR SURVEYOR ONLY MAY ENTER A CONTRACT FOR A PROFESSIONAL SERVICE OF PUBLIC WORK ON THE BASIS OF DIRECT NEGOTIATION, AND TO PROVIDE EXCEPTIONS.
Referred to Committee on Labor, Commerce and Industry
H. 4430 (Word version) -- Reps. Merrill, Lowe, Bingham, Hutto, Limehouse, Crawford, Harrell, Harrison and G. M. Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-43-218 SO AS TO PROVIDE THAT IF A MUNICIPALITY CONSISTS OF REAL PROPERTY LOCATED IN TWO OR MORE COUNTIES AND ONE OF THOSE COUNTIES BUT NOT ALL UNDERGOES AND IMPLEMENTS A COUNTYWIDE REASSESSMENT AND EQUALIZATION PROGRAM IN A PARTICULAR YEAR, ANY HIGHER REAL PROPERTY TAX VALUATIONS IN THAT COUNTY RESULTING FROM THE REASSESSMENT SHALL NOT APPLY FOR PURPOSES OF COMPUTING MUNICIPAL AD VALOREM TAXES UNTIL THE YEAR IN WHICH ALL OTHER COUNTIES IN THE MUNICIPALITY HAVE COMPLETED AND IMPLEMENTED SUCH A REASSESSMENT AND EQUALIZATION PROGRAM.
Referred to Committee on Ways and Means
H. 4431 (Word version) -- Rep. H. B. Brown: A BILL TO AMEND ACT 191 OF 1991, AS AMENDED, RELATING TO THE FAIRFIELD COUNTY SCHOOL DISTRICT, SO AS TO REQUIRE THE FINANCE COMMITTEE ESTABLISHED BY THIS ACT TO PREPARE THE DISTRICT BUDGET AND TO SUBMIT IT FOR BOARD REVIEW, TO REQUIRE THE BOARD TO SUBMIT THE BUDGET TO THE FAIRFIELD COUNTY COUNCIL FOR APPROVAL, TO AUTHORIZE THE FAIRFIELD COUNTY COUNCIL TO NOTIFY THE COUNTY AUDITOR OF THE AMOUNT OF THE LEVY NEEDED TO OPERATE SCHOOLS IN THE DISTRICT, TO CREATE A FINANCE COMMITTEE TO OVERSEE THE FINANCIAL OPERATIONS OF THE DISTRICT AND TO PROVIDE ITS MEMBERSHIP, DUTIES, AND GOALS, TO PROVIDE FOR THE HIRING OF A FINANCE DIRECTOR FOR THE DISTRICT AND TO PROVIDE HIS RESPONSIBILITIES AND DUTIES, TO PROVIDE FOR THE ABOLITION OF THE FINANCE COMMITTEE AND THE POSITION OF FINANCE DIRECTOR UPON CERTAIN CONDITIONS, AND TO DEFINE THE DUTIES OF BOTH THE BOARD AND THE DISTRICT SUPERINTENDENT.
Rep. H. B. BROWN asked unanimous consent to have the Bill placed on the Calendar without reference.
Rep. HOWARD objected.
Referred to Fairfield Delegation
H. 4432 (Word version) -- Rep. H. B. Brown: A BILL TO AMEND ACT 191 OF 1991, AS AMENDED, RELATING TO THE FAIRFIELD COUNTY SCHOOL DISTRICT, SO AS TO REVISE THE MEMBERSHIP OF THE BOARD OF TRUSTEES, TO REVISE COMPENSATION OF BOARD MEMBERS, TO PROVIDE FOR THE FILLING OF VACANCIES, TO PROVIDE FOR THE ABOLITION OF CERTAIN BOARD SEATS UPON CERTAIN CONDITIONS, AND TO REQUIRE THE SCHOOL DISTRICT BOARD AND SUPERINTENDENT TO COOPERATE WITH NEWLY APPROVED BOARD MEMBERS.
Rep. H. B. BROWN asked unanimous consent to have the Bill placed on the Calendar without reference.
Rep. HOWARD objected.
Referred to Fairfield Delegation
H. 4434 (Word version) -- Reps. Nanney, Clemmons, Horne and Sellers: A BILL TO AMEND SECTION 7-13-35, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE NOTICE OF ELECTION GIVEN BY THE AUTHORITY CHARGED BY LAW WITH CONDUCTING AN ELECTION, SO AS TO DELETE THE REQUIREMENT THAT THE NOTICE BE PUBLISHED IN A NEWSPAPER AND THAT INSTEAD IT BE POSTED ON THE WEBSITE OF THE STATE ELECTION COMMISSION, AND TO PROVIDE THAT THIS NOTICE BE POSTED FORTY-FIVE DAYS INSTEAD OF SIXTY DAYS BEFORE AN ELECTION.
Referred to Committee on Judiciary
S. 517 (Word version) -- Senators Davis, Bright, Shoopman, Ryberg, Bryant, Mulvaney, Fair, Peeler, Rose, Campsen and S. Martin: A JOINT RESOLUTION TO PROVIDE THAT THE GENERAL ASSEMBLY SHALL NOT AUTHORIZE A STATE AGENCY, DEPARTMENT, OR ENTITY TO INCREASE OR IMPLEMENT A FEE, PENALTY, OR FINE IN THE STATE GENERAL APPROPRIATIONS ACT OR OTHER ACTS SUPPLEMENTAL TO THAT ACT; TO PROVIDE THAT ANY INCREASE OR IMPLEMENTATION OF A FEE OR FINE MAY ONLY BE AUTHORIZED BY AN ACT SEPARATE FROM AN APPROPRIATIONS ACT; TO PROVIDE THAT NO STATE AGENCY, DEPARTMENT, OR ENTITY MAY INCREASE OR IMPLEMENT BY REGULATION OR ADMINISTRATIVE ACTION A FEE, PENALTY, OR FINE; AND TO PROVIDE EXCEPTIONS FOR INTERNAL CHARGES BETWEEN STATE AGENCIES AND FOR FEES, INCLUDING TUITION, IMPOSED BY SCHOOLS AND COLLEGES ON STUDENTS; AND TO PROVIDE FOR THE EXPIRATION OF THIS JOINT RESOLUTION JULY 1, 2010, UNLESS REAUTHORIZED BY LAW.
Referred to Committee on Ways and Means
The following was introduced:
H. 4433 (Word version) -- Reps. Cooper, Clemmons, Cato, 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, Chalk, Clyburn, Cobb-Hunter, Cole, Crawford, Daning, Delleney, Dillard, Duncan, Edge, Erickson, Forrester, Frye, Funderburk, Gambrell, Gilliard, Govan, 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, D. C. Moss, V. S. Moss, Nanney, J. H. Neal, J. M. Neal, Neilson, Norman, 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 HONOR THE BOY SCOUTS OF AMERICA ON ITS ONE HUNDREDTH ANNIVERSARY, TO EXPRESS GRATITUDE TO THE ORGANIZATION'S VOLUNTEERS, WHO DEDICATE COUNTLESS HOURS TO INSPIRING AND PREPARING FUTURE GENERATIONS OF LEADERS, AND TO PROCLAIM FEBRUARY 8, 2010, AS BOY SCOUTS OF AMERICA "ONE HUNDRED YEARS OF SCOUTING" DAY.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4435 (Word version) -- Rep. Hayes: A HOUSE RESOLUTION TO CELEBRATE THE WONDERFUL OCCASION OF THE ONE HUNDREDTH ANNIVERSARY OF DILLON COUNTY AND TO CONGRATULATE AND COMMEND ITS CITIZENS FOR A CENTURY OF SHOWCASING THE CHARMING BEAUTY OF THIS SOUTH CAROLINA JEWEL.
The Resolution was adopted.
The Senate sent to the House the following:
S. 1101 (Word version) -- Senators Courson and Lourie: A CONCURRENT RESOLUTION TO CONGRATULATE DR. RANDALL R. GARY, PRINCIPAL OF DENT MIDDLE SCHOOL IN RICHLAND SCHOOL DISTRICT TWO, ON BEING NAMED 2010 SOUTH CAROLINA MIDDLE SCHOOL PRINCIPAL OF THE YEAR BY THE SOUTH CAROLINA ASSOCIATION OF SCHOOL ADMINISTRATORS.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 1102 (Word version) -- Senator Elliott: A CONCURRENT RESOLUTION TO COMMEND THE SCOTT HANNON MEMORIAL FOUNDATION FOR ITS MANY YEARS OF EXCEPTIONAL SERVICE TO THE CHILDREN OF SOUTH CAROLINA, AND TO CONGRATULATE THIS FINE ORGANIZATION ON THE OCCASION OF ITS TWENTIETH ANNIVERSARY.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 1106 (Word version) -- Senators Knotts, Alexander, Anderson, Bright, Bryant, Campbell, Campsen, Cleary, Coleman, Courson, Cromer, Davis, Elliott, Fair, Ford, Grooms, Hayes, Hutto, Jackson, Land, Leatherman, Leventis, Lourie, Malloy, L. Martin, S. Martin, Massey, Matthews, McConnell, McGill, Mulvaney, Nicholson, O'Dell, Peeler, Pinckney, Rankin, Reese, Rose, Ryberg, Scott, Setzler, Sheheen, Shoopman, Thomas, Verdin and Williams: A CONCURRENT RESOLUTION TO HONOR AND REMEMBER THE SUPREME SACRIFICE MADE BY SERGEANT DEMETRIUS L. VOID OF THE UNITED STATES ARMY WHILE HE WAS SERVING A TOUR OF MILITARY DUTY IN AFGHANISTAN, AND TO EXPRESS TO HIS FAMILY THE DEEPEST APPRECIATION OF A GRATEFUL STATE AND NATION FOR HIS LIFE, SACRIFICE, AND SERVICE.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 1107 (Word version) -- Senators Knotts, Alexander, Anderson, Bright, Bryant, Campbell, Campsen, Cleary, Coleman, Courson, Cromer, Davis, Elliott, Fair, Ford, Grooms, Hayes, Hutto, Jackson, Land, Leatherman, Leventis, Lourie, Malloy, L. Martin, S. Martin, Massey, Matthews, McConnell, McGill, Mulvaney, Nicholson, O'Dell, Peeler, Pinckney, Rankin, Reese, Rose, Ryberg, Scott, Setzler, Sheheen, Shoopman, Thomas, Verdin and Williams: A CONCURRENT RESOLUTION TO HONOR AND REMEMBER THE SUPREME SACRIFICE MADE BY STAFF SERGEANT RAPHAEL A. FUTRELL OF THE UNITED STATES ARMY WHILE HE WAS SERVING A TOUR OF MILITARY DUTY IN IRAQ, AND TO EXPRESS TO HIS FAMILY THE DEEPEST APPRECIATION OF A GRATEFUL STATE AND NATION FOR HIS LIFE, SACRIFICE, AND SERVICE.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 1108 (Word version) -- Senators Knotts, Alexander, Anderson, Bright, Bryant, Campbell, Campsen, Cleary, Coleman, Courson, Cromer, Davis, Elliott, Fair, Ford, Grooms, Hayes, Hutto, Jackson, Land, Leatherman, Leventis, Lourie, Malloy, L. Martin, S. Martin, Massey, Matthews, McConnell, McGill, Mulvaney, Nicholson, O'Dell, Peeler, Pinckney, Rankin, Reese, Rose, Ryberg, Scott, Setzler, Sheheen, Shoopman, Thomas, Verdin and Williams: A CONCURRENT RESOLUTION TO HONOR AND REMEMBER THE SUPREME SACRIFICE MADE BY SPECIALIST ABRAHAM S. WHEELER III OF THE UNITED STATES ARMY WHILE HE WAS SERVING A TOUR OF MILITARY DUTY IN AFGHANISTAN, AND TO EXPRESS TO HIS FAMILY THE PROFOUND APPRECIATION OF A GRATEFUL STATE AND NATION FOR HIS LIFE, SACRIFICE, AND SERVICE.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 1109 (Word version) -- Senators Knotts, Alexander, Anderson, Bright, Bryant, Campbell, Campsen, Cleary, Coleman, Courson, Cromer, Davis, Elliott, Fair, Ford, Grooms, Hayes, Hutto, Jackson, Land, Leatherman, Leventis, Lourie, Malloy, L. Martin, S. Martin, Massey, Matthews, McConnell, McGill, Mulvaney, Nicholson, O'Dell, Peeler, Pinckney, Rankin, Reese, Rose, Ryberg, Scott, Setzler, Sheheen, Shoopman, Thomas, Verdin and Williams: A CONCURRENT RESOLUTION TO HONOR AND REMEMBER THE SUPREME SACRIFICE MADE BY SPECIALIST JUSTIN ANTISDEL OF THE UNITED STATES ARMY WHILE HE WAS SERVING A TOUR OF MILITARY DUTY IN IRAQ, AND TO EXPRESS TO HIS WIFE AND FAMILY THE PROFOUND APPRECIATION OF A GRATEFUL STATE AND NATION FOR HIS LIFE, SACRIFICE, AND SERVICE.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The roll call of the House of Representatives was taken resulting as follows:
Agnew Allen Allison Anderson Anthony Bales Ballentine Bannister Barfield Battle Bedingfield Bingham Bowen Bowers 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 Gambrell Gilliard Govan Gunn Haley Hamilton Hardwick Harrell 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 D. C. Moss V. S. Moss Nanney J. M. Neal Neilson Norman Owens Parker Parks Pinson Rice 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 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 Wednesday, January 27.
Terry Alexander Chris Hart Joseph Neal Michael A. Pitts Ted Vick Laurie Funderburk Thad Viers Harry Ott Todd Rutherford James Harrison
LEAVE OF ABSENCE
The SPEAKER granted Rep. BRADY a leave of absence for the day due to a meeting at the White House of state legislators on Clean Energy Legislation.
The SPEAKER granted Rep. JENNINGS a leave of absence for the remainder of the day due to his father's illness.
The SPEAKER granted Rep. MITCHELL a leave of absence for the day due to a speaking engagement.
Announcement was made that Dr. T. Edwin Evans of Seneca was the Doctor of the Day for the General Assembly.
Rep. HOSEY presented to the House the Allendale-Fairfax High School Varsity Boys Track Team, the 2009 Class A Champions, their coaches and other school officials.
Rep. HOSEY presented to the House the Allendale-Fairfax High School Girls Track Team, the 2009 Class A Champions, their coaches 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. 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. 3608 (Word version)
Date: ADD:
01/27/10 GILLIARD
Bill Number: H. 4129 (Word version)
Date: ADD:
01/27/10 UMPHLETT
Bill Number: H. 4203 (Word version)
Date: ADD:
01/27/10 LUCAS
Bill Number: H. 4243 (Word version)
Date: ADD:
01/27/10 BEDINGFIELD
Bill Number: H. 4269 (Word version)
Date: ADD:
01/27/10 AGNEW, HUTTO and CLEMMONS
Bill Number: H. 4280 (Word version)
Date: ADD:
01/27/10 J. R. SMITH, MILLWOOD, ANTHONY, SIMRILL, NANNEY, HARDWICK, GOVAN, BINGHAM, LITTLEJOHN, BANNISTER, HARRELL, HEARN, G. R. SMITH, CLEMMONS, ANDERSON, LIMEHOUSE, D. C. MOSS, V. S. MOSS, PARKER, HOWARD, GAMBRELL, ALLISON, HORNE, SOTTILE, BEDINGFIELD, LONG, SPIRES, HAMILTON, T. R. YOUNG, DELLENEY and J. M. NEAL
Bill Number: H. 4331 (Word version)
Date: ADD:
01/27/10 LUCAS
Bill Number: H. 4374 (Word version)
Date: ADD:
01/27/10 GUNN
Bill Number: H. 4402 (Word version)
Date: ADD:
01/27/10 BEDINGFIELD, HALEY, NANNEY, NORMAN and MILLWOOD
Bill Number: H. 4033 (Word version)
Date: ADD:
01/27/10 GILLIARD and HART
Bill Number: H. 4033 (Word version)
Date: REMOVE:
01/27/10 J. M. NEAL
The following Bill and Joint Resolution were taken up, read the second time, and ordered to a third reading:
H. 4416 (Word version) -- Reps. Loftis, Hamilton, G. R. Smith, Dillard, Bannister, Bedingfield, Wylie, Nanney, Rice, Cato, Stringer and Allen: A BILL TO EXPAND THE AUTHORITY OF THE RENEWABLE WATER RESOURCES OF GREENVILLE COUNTY, ORIGINALLY CREATED AS THE GREATER GREENVILLE SEWER DISTRICT PURSUANT TO THE PROVISIONS OF ACT 362 OF 1925, TO USE THE BY-PRODUCTS OF WASTE TREATMENT FACILITIES FOR ALTERNATE ENERGY PRODUCTION.
H. 4415 (Word version) -- Rep. Harrison: A JOINT RESOLUTION TO ADOPT REVISED CODE VOLUME 22 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, 2010.
The following Bills were taken up, read the third time, and ordered sent to the Senate:
H. 3803 (Word version) -- Reps. Bannister, Harrison and Weeks: A BILL TO AMEND SECTIONS 62-1-201, 62-1-304, 62-1-401, 62-1-403, 62-2-205, 62-2-402, 62-3-203, 62-3-401, 62-3-403, 62-3-409, 62-3-414, 62-3-502, 62-3-503, 62-3-604, 62-3-607, 62-3-611, 62-3-806, 62-3-911, 62-3-1001, 62-3-1008, 62-3-1101, 62-3-1102, 62-3-1309, 62-5-101, 62-5-303, 62-5-305, 62-5-307, 62-5-309, 62-5-310, 62-5-401, 62-5-402, 62-5-405, 62-5-407, 62-5-411, 62-5-412, 62-5-416, 62-5-419, 62-5-428, 62-5-430, 62-5-501, 62-5-504, AS AMENDED, 62-5-604, AND 62-5-608, CODE OF LAWS OF SOUTH CAROLINA, 1976, ALL RELATING TO THE VARIOUS ACTIONS AND PROCEEDINGS CONCERNING THE AFFAIRS OF DECEDENTS, PROTECTED PERSONS, MINORS, AND INCAPACITATED PERSONS FALLING UNDER THE SUBJECT MATTER JURISDICTION OF THE PROBATE COURT, SO AS TO DIFFERENTIATE BETWEEN A FORMAL PROCEEDING AND AN APPLICATION TO THE COURT AND THE PROCEDURAL RULES GOVERNING EACH, TO REQUIRE THE FILING AND SERVICE OF A SUMMONS AND PETITION TO COMMENCE A FORMAL PROCEEDING, AND TO DISTINGUISH THAT REQUIREMENT OF SUMMONS AND PETITION FROM THE NOTICE REQUIREMENTS FOR A HEARING ON A PETITION; AND TO AMEND SECTIONS 62-1-403, 62-3-703, 62-7-105, 62-7-201, 62-7-303, 62-7-305, 62-7-414, 62-7-505, 62-7-604, 62-7-709, 62-7-814, 62-7-902, 62-7-903, 62-7-904, 62-7-933, AND 62-7-1013, ALL RELATING TO THE SOUTH CAROLINA TRUST CODE, SO AS TO SUBSTITUTE "PERSON" FOR "PARENT" AND "ISSUE" FOR "CHILD", DELETE THE REQUIREMENT OF A TAXPAYER IDENTIFICATION NUMBER ON A CERTIFICATE OF TRUST, ALLOW CERTAIN REIMBURSEMENTS TO A PROSPECTIVE TRUSTEE, AND MAKE TECHNICAL CHANGES.
H. 3778 (Word version) -- Rep. Harvin: A BILL TO AMEND SECTION 44-7-2430, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COLLECTION OF DATA PURSUANT TO THE "HOSPITAL INFECTIONS DISCLOSURE ACT", SO AS TO AUTHORIZE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO COMBINE DATA FROM MULTIPLE REPORTING PERIODS IN COMPILING THE DEPARTMENT'S REPORTS AND TO REQUIRE THE BOARD OF HEALTH AND ENVIRONMENTAL CONTROL, RATHER THAN THE COMMISSIONER OF THE DEPARTMENT, TO APPOINT AN ADVISORY COMMITTEE ON HOSPITAL ACQUIRED INFECTIONS; TO AMEND SECTION 44-7-2440, AS AMENDED, RELATING TO REPORTS COMPILED BY THE DEPARTMENT ON HOSPITAL ACQUIRED INFECTIONS, SO AS TO REQUIRE REPORTS TO THE GENERAL ASSEMBLY TO BE SUBMITTED BEFORE APRIL SIXTEENTH OF EACH YEAR; AND TO AMEND SECTION 44-7-2460, RELATING TO THE REQUIREMENT THAT COMPLIANCE WITH THIS ACT IS A CONDITION OF HOSPITAL LICENSURE AND PERMITTING, SO AS TO ALSO AUTHORIZE THE IMPOSITION OF CIVIL MONETARY PENALTIES FOR NONCOMPLIANCE.
H. 3871 (Word version) -- Reps. Harvin, Hosey and Jefferson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-29-15 SO AS TO SPECIFY REPORTING REQUIREMENTS FOR LABORATORIES THAT TEST FOR INFECTIOUS OR OTHER DISEASES REQUIRED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO BE REPORTED AND TO PROVIDE A CIVIL MONETARY PENALTY FOR VIOLATIONS.
H. 4406 (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.
The motion of Rep. SELLERS to reconsider the vote whereby H. 3279 was rejected was taken up and agreed to.
On the motion of Rep. BINGHAM, with unanimous consent, the following Bill was ordered recalled from Legislative Council:
S. 963 (Word version) -- Senators Knotts, Cromer, Courson and Setzler: A BILL TO AMEND SECTION 7-7-380, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN LEXINGTON COUNTY, SO AS TO REVISE AND RENAME CERTAIN VOTING PRECINCTS OF LEXINGTON COUNTY AND REDESIGNATE A MAP NUMBER FOR THE MAP ON WHICH LINES OF THESE PRECINCTS ARE DELINEATED AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICS OF THE STATE BUDGET AND CONTROL BOARD.
The following Joint Resolution was taken up:
H. 3279 (Word version) -- Reps. T. R. Young, D. C. Smith, G. R. Smith, J. R. Smith, Stewart, Millwood, Daning, Horne, Funderburk, Wylie, Bedingfield, Hart, Harrell, A. D. Young, Viers and Gunn: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 7, ARTICLE VI OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE CONSTITUTIONAL OFFICERS OF THIS STATE, SO AS TO DELETE THE SECRETARY OF STATE FROM THE LIST OF STATE OFFICERS WHICH THE CONSTITUTION REQUIRES TO BE ELECTED AND PROVIDE THAT THE SECRETARY OF STATE MUST BE APPOINTED BY THE GOVERNOR UPON THE ADVICE AND CONSENT OF THE GENERAL ASSEMBLY FOR A TERM COTERMINOUS WITH THE GOVERNOR UPON THE EXPIRATION OF THE TERM OF THE SECRETARY OF STATE SERVING IN OFFICE ON THE DATE OF THE RATIFICATION OF THIS PROVISION, AND TO PROVIDE THAT THE GENERAL ASSEMBLY SHALL PROVIDE BY LAW FOR THE DUTIES, COMPENSATION, AND QUALIFICATIONS FOR OFFICE, THE PROCEDURES BY WHICH THE APPOINTMENT IS MADE, AND THE PROCEDURES BY WHICH THE SECRETARY OF STATE MAY BE REMOVED FROM OFFICE.
Rep. T. R. YOUNG moved to adjourn debate on the Joint Resolution, which was agreed to.
The following Concurrent Resolution was taken up:
S. 424 (Word version) -- Senators Bright, S. Martin, Alexander, Campbell, Fair, Knotts, Cromer, Mulvaney, Verdin, L. Martin, Shoopman, Rose, McConnell, Thomas, Cleary, Courson, Coleman, Davis, Reese, Campsen, Grooms, Ryberg, Peeler, O'Dell, Bryant and Massey: A CONCURRENT RESOLUTION TO AFFIRM THE RIGHTS OF SOUTH CAROLINA BASED ON THE PROVISIONS OF THE NINTH AND TENTH AMENDMENTS TO THE UNITED STATES CONSTITUTION.
Reps. BEDINGFIELD and DUNCAN proposed the following Amendment No. 1 (COUNCIL\GGS\22467SD10), which was adopted:
Amend the concurrent resolution, as and if amended, by striking the paragraph beginning on line 28 of page 4 and inserting:
/ Whereas, intervention by armed South Carolinians may prove to be the sole means for this State to protect the liberties guaranteed it and all other States under the Tenth Amendment to the United States Constitution; and /
Amend the concurrent resolution further, as and if amended, by striking the paragraph beginning on line 33 of page 4 and inserting:
/ Whereas, due to the potential need for intervention by armed South Carolinians, the protections afforded under the Second Amendment to the United States Constitution are of upmost importance to the citizens of South Carolina and the State of South Carolina; and /
Renumber sections to conform.
Amend title to conform.
The amendment was then adopted.
Rep. COBB-HUNTER spoke against the Resolution.
Rep. D. C. SMITH moved to adjourn debate on the Resolution until Thursday, January 28, which was agreed to.
The motion period was dispensed with on motion of Rep. PARKER.
Rep. G. R. SMITH moved that the House recur to the Morning Hour, which was agreed to.
Rep. HART asked unanimous consent to recall H. 3669 (Word version) from the Committee on Ways and Means.
Rep. RICE objected.
The following Joint Resolution was taken up:
H. 3279 (Word version) -- Reps. T. R. Young, D. C. Smith, G. R. Smith, J. R. Smith, Stewart, Millwood, Daning, Horne, Funderburk, Wylie, Bedingfield, Hart, Harrell, A. D. Young, Viers and Gunn: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 7, ARTICLE VI OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE CONSTITUTIONAL OFFICERS OF THIS STATE, SO AS TO DELETE THE SECRETARY OF STATE FROM THE LIST OF STATE OFFICERS WHICH THE CONSTITUTION REQUIRES TO BE ELECTED AND PROVIDE THAT THE SECRETARY OF STATE MUST BE APPOINTED BY THE GOVERNOR UPON THE ADVICE AND CONSENT OF THE GENERAL ASSEMBLY FOR A TERM COTERMINOUS WITH THE GOVERNOR UPON THE EXPIRATION OF THE TERM OF THE SECRETARY OF STATE SERVING IN OFFICE ON THE DATE OF THE RATIFICATION OF THIS PROVISION, AND TO PROVIDE THAT THE GENERAL ASSEMBLY SHALL PROVIDE BY LAW FOR THE DUTIES, COMPENSATION, AND QUALIFICATIONS FOR OFFICE, THE PROCEDURES BY WHICH THE APPOINTMENT IS MADE, AND THE PROCEDURES BY WHICH THE SECRETARY OF STATE MAY BE REMOVED FROM OFFICE.
Rep. T. R. YOUNG explained the Joint Resolution.
Pursuant to the provisions of the Constitution the yeas and nays were taken on the passage of the Joint Resolution, resulting as follows:
Those who voted in the affirmative are:
Agnew Alexander Allison Anthony Bales Ballentine Bannister Battle Bedingfield Bingham Bowen Branham G. A. Brown H. B. Brown Cato Chalk Clemmons Cole Crawford Daning Dillard Duncan Erickson Forrester Funderburk Gambrell Gilliard Govan Gunn Haley Hamilton Hardwick Harrell Hart Hearn Herbkersman Hiott Horne Huggins Hutto Kennedy Knight Limehouse Littlejohn Loftis Long Lowe Lucas McEachern Merrill Miller Millwood D. C. Moss V. S. Moss Nanney J. M. Neal Neilson Norman Owens Pinson M. A. Pitts Rice Sellers D. C. Smith G. M. Smith G. R. Smith J. E. Smith J. R. Smith Sottile Spires Stavrinakis Stewart Stringer Thompson Toole Umphlett Viers Whitmire Willis Wylie A. D. Young T. R. Young
Those who voted in the negative are:
Allen Anderson Barfield Bowers Brantley R. L. Brown Clyburn Cobb-Hunter Cooper Delleney Frye Harvin Hayes Hodges Hosey Jefferson Kelly King Kirsh Mack McLeod J. H. Neal Ott Parker Parks Rutherford Sandifer Simrill Skelton Vick Weeks Whipper White Williams
So, the Joint Resolution was rejected.
I was temporarily out of the Chamber on constituent business during the vote on H. 3279. If I had been present, I would have voted in favor of the Joint Resolution.
Rep. Tim Scott
Rep. G. A. BROWN moved that the House recur to the Morning Hour, which was agreed to.
Rep. H. B. BROWN, from the Fairfield Delegation, submitted a favorable report on:
H. 4431 (Word version) -- Rep. H. B. Brown: A BILL TO AMEND ACT 191 OF 1991, AS AMENDED, RELATING TO THE FAIRFIELD COUNTY SCHOOL DISTRICT, SO AS TO REQUIRE THE FINANCE COMMITTEE ESTABLISHED BY THIS ACT TO PREPARE THE DISTRICT BUDGET AND TO SUBMIT IT FOR BOARD REVIEW, TO REQUIRE THE BOARD TO SUBMIT THE BUDGET TO THE FAIRFIELD COUNTY COUNCIL FOR APPROVAL, TO AUTHORIZE THE FAIRFIELD COUNTY COUNCIL TO NOTIFY THE COUNTY AUDITOR OF THE AMOUNT OF THE LEVY NEEDED TO OPERATE SCHOOLS IN THE DISTRICT, TO CREATE A FINANCE COMMITTEE TO OVERSEE THE FINANCIAL OPERATIONS OF THE DISTRICT AND TO PROVIDE ITS MEMBERSHIP, DUTIES, AND GOALS, TO PROVIDE FOR THE HIRING OF A FINANCE DIRECTOR FOR THE DISTRICT AND TO PROVIDE HIS RESPONSIBILITIES AND DUTIES, TO PROVIDE FOR THE ABOLITION OF THE FINANCE COMMITTEE AND THE POSITION OF FINANCE DIRECTOR UPON CERTAIN CONDITIONS, AND TO DEFINE THE DUTIES OF BOTH THE BOARD AND THE DISTRICT SUPERINTENDENT.
Ordered for consideration tomorrow.
Rep. H. B. BROWN, from the Fairfield Delegation, submitted a favorable report on:
H. 4432 (Word version) -- Rep. H. B. Brown: A BILL TO AMEND ACT 191 OF 1991, AS AMENDED, RELATING TO THE FAIRFIELD COUNTY SCHOOL DISTRICT, SO AS TO REVISE THE MEMBERSHIP OF THE BOARD OF TRUSTEES, TO REVISE COMPENSATION OF BOARD MEMBERS, TO PROVIDE FOR THE FILLING OF VACANCIES, TO PROVIDE FOR THE ABOLITION OF CERTAIN BOARD SEATS UPON CERTAIN CONDITIONS, AND TO REQUIRE THE SCHOOL DISTRICT BOARD AND SUPERINTENDENT TO COOPERATE WITH NEWLY APPROVED BOARD MEMBERS.
Ordered for consideration tomorrow.
The following was introduced:
H. 4436 (Word version) -- Reps. G. A. Brown, Agnew, Alexander, Allen, Allison, Anderson, Anthony, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bingham, Bowen, Bowers, Brady, Branham, Brantley, 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, 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, D. C. Moss, V. S. Moss, Nanney, J. H. Neal, J. M. Neal, Neilson, Norman, 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 COACH DARRIN HORNE AND THE UNIVERSITY OF SOUTH CAROLINA MEN'S BASKETBALL TEAM FOR THEIR MEMORABLE VICTORY OVER KENTUCKY ON JANUARY 26, 2010.
The Resolution was adopted.
The following was introduced:
H. 4437 (Word version) -- Reps. Sandifer, 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, Gilliard, Govan, 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, D. C. Moss, V. S. Moss, Nanney, J. H. Neal, J. M. Neal, Neilson, Norman, Ott, Owens, Parker, Parks, Pinson, E. H. Pitts, M. A. Pitts, Rice, Rutherford, 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 DECLARE WEDNESDAY, FEBRUARY 3, 2010, AS "SOUTH CAROLINA RECYCLERS DAY" AND TO COMMEND AND RECOGNIZE SOUTH CAROLINA'S RECYCLERS FOR THEIR CONTRIBUTIONS TO OUR STATE'S ECONOMY AND FOR THEIR EFFORTS TO PROTECT THE ENVIRONMENT AND PROMOTE ENERGY EFFICIENCY.
The Resolution was adopted.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 4438 (Word version) -- Rep. J. E. Smith: A BILL TO AMEND SECTION 32-8-320, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS WHO MAY SERVE AS A DECEDENT'S AGENT TO AUTHORIZE CREMATION, SO AS TO ALSO PERMIT A PERSON NAMED IN THE DECEDENT'S UNITED STATES DEPARTMENT OF DEFENSE RECORD OF EMERGENCY DATA (DD FORM 93) OR ITS SUCCESSOR FORM, IF THE DECEDENT DIED WHILE SERVING IN ANY BRANCH OF THE UNITED STATES ARMED SERVICES AS DEFINED IN 10 U.S.C. SECTION 1481 AND COMPLETED SUCH FORM.
Referred to Committee on Judiciary
H. 4439 (Word version) -- Reps. Ott, Agnew, Jefferson, G. A. Brown, Williams, J. E. Smith, Cobb-Hunter, Vick, King, Harvin, Dillard, Clyburn, Knight, J. H. Neal, Bales, Anthony, Gunn, McLeod, Jennings, Hutto, Kennedy, Funderburk, Alexander, Battle, Branham, H. B. Brown, R. L. Brown, Govan, Hart, Hayes, Hodges, J. M. Neal and Weeks: A BILL TO AMEND ACT 81 OF 2009, RELATING TO THE SOUTH CAROLINA TAXATION REALIGNMENT COMMISSION, SO AS TO EXTEND THE DATE ON WHICH THE COMMISSION MUST CONCLUDE ITS BUSINESS, EXTEND THE DATE WHEN THE COMMISSION'S PRINCIPAL REPORT IS DUE, AND TO EXPAND THE SCOPE OF THE COMMISSION'S STUDY TO INCLUDE A REVIEW OF ALL TAXES IMPOSED IN THIS STATE.
Referred to Committee on Ways and Means
H. 4440 (Word version) -- Reps. Ott, Jefferson, Bales, King, Dillard, Gunn, J. H. Neal, Clyburn, G. A. Brown, Funderburk, Cobb-Hunter, J. E. Smith, Govan, Hutto, Knight, Sellers, Harvin, McLeod, Williams, Anthony, Stavrinakis, Jennings, Alexander, Battle, Branham, H. B. Brown, R. L. Brown, Hart, Hayes, Hodges, Hosey, J. M. Neal and Weeks: A BILL TO AMEND SECTION 1-11-495, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ACROSS-THE-BOARD BUDGET REDUCTIONS BY THE STATE BUDGET AND CONTROL BOARD AND THE MONITORING OF REVENUES AND EXPENSES TO AVOID YEAR-END DEFICITS, SO AS TO PROVIDE THAT BEGINNING JULY 1, 2010 THE STATE BUDGET AND CONTROL BOARD IS NOT AUTHORIZED TO MAKE ACROSS-THE-BOARD BUDGET REDUCTIONS, TO PROVIDE THAT ANY PROVISO IN A GENERAL APPROPRIATIONS ACT TO THE CONTRARY REQUIRES A TWO-THIRDS VOTE OF THE MEMBERSHIP OF BOTH HOUSES, AND TO REVISE THE PROCEDURES FOR MONITORING AND AVOIDING YEAR-END BUDGET DEFICITS; AND TO AMEND SECTION 1-11-497 RELATING TO STATE AGENCY ACTIONS IF ACROSS-THE-BOARD REDUCTIONS ARE ORDERED, SO AS TO DELETE REFERENCES TO THE STATE BUDGET AND CONTROL BOARD.
Referred to Committee on Ways and Means
H. 4441 (Word version) -- Reps. Ott, Sellers, Bales, G. A. Brown, Jefferson, King, Dillard, Gunn, J. H. Neal, Clyburn, Cobb-Hunter, J. E. Smith, Vick, Funderburk, Knight, Harvin, Govan, Anthony, Hutto, Williams, Stavrinakis, Jennings, McLeod, Alexander, Battle, Branham, H. B. Brown, R. L. Brown, Hart, Hayes, Hodges, Hosey, J. M. Neal, Pinson and Weeks: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 2-7-61 SO AS TO PROVIDE THAT UNTIL THE GENERAL ASSEMBLY BY LAW OR THE CONSTITUTION OF THIS STATE PROVIDES FOR A RESERVE FUND OR FUNDS OF WHATEVER NAME AND DENOMINATION CONSISTING IN TOTAL OF MONIES APPROPRIATED FROM THE GENERAL FUND AT LEAST EQUAL TO TEN PERCENT OF THE GENERAL FUND REVENUE COLLECTED FOR THE MOST RECENTLY COMPLETED FISCAL YEAR, AND UNTIL SUCH RESERVE FUNDS HAVE UNENCUMBERED BALANCES IN AT LEAST THIS AMOUNT AS CERTIFIED BY THE OFFICE OF STATE BUDGET, A SUPPLEMENTAL APPROPRIATION BILL MAY NOT BE ENACTED BY THE GENERAL ASSEMBLY INTO LAW.
Referred to Committee on Ways and Means
H. 4442 (Word version) -- Rep. J. R. Smith: A BILL TO AMEND SECTION 12-36-2120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SALES TAX EXEMPTIONS INCLUDING THE EXEMPTION OF CHARITABLE ORGANIZATIONS IF THE NET PROCEEDS ARE USED EXCLUSIVELY FOR THE CHARITABLE ORGANIZATION'S TAX EXEMPT PURPOSES, SO AS TO PROVIDE THAT THE SALE BY SUCH AN ORGANIZATION OF HANDGUNS, RIFLES, SHOTGUNS, AND RELATED AMMUNITION SHALL BE SALES TAX FREE ONLY ON THE "SECOND AMENDMENT WEEKEND" AS DEFINED IN THIS SECTION.
Referred to Committee on Ways and Means
H. 4443 (Word version) -- Reps. Toole, Frye, Spires, Limehouse, Bingham, Bowen, Daning, Harrell, Horne, Kirsh, Loftis, G. R. Smith, Stringer, Umphlett, Wylie and A. D. Young: A BILL TO AMEND SECTION 24-21-645, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF PAROLE AND PROVISIONAL PAROLE ORDERS, AND FUTURE PAROLE HEARINGS FOR PERSONS WHO HAVE BEEN DENIED PAROLE, SO AS TO INCREASE THE NUMBER OF YEARS A PERSON MUST WAIT TO HAVE A PAROLE HEARING AFTER RECEIVING A NEGATIVE DETERMINATION OF PAROLE FOR A VIOLENT CRIME.
Referred to Committee on Judiciary
H. 4444 (Word version) -- Rep. Umphlett: A BILL TO AMEND SECTION 50-5-1705, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CATCH LIMITS FOR ESTUARINE AND SALTWATER FINFISH, INCLUDING WEAKFISH CYNOSCION, SO AS TO PROVIDE THAT A PERSON ONLY MAY TAKE OR POSSESS ONE, RATHER THAN TEN, SUCH WEAKFISH IN ANY ONE DAY.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs
H. 4445 (Word version) -- Reps. Loftis, Norman, Merrill, Hardwick, Erickson, Wylie, Chalk, Stewart, Pinson, Bedingfield, Huggins, Frye, Clemmons, Rice, Parker, G. R. Smith, Lowe, Hiott, Allison, Allen, Anthony, Bales, Ballentine, Bannister, Barfield, Bingham, Bowen, Cato, Cole, Cooper, Crawford, Daning, Delleney, Duncan, Edge, Gambrell, Hamilton, Harrell, Hearn, Horne, Kelly, Limehouse, Littlejohn, Long, Lucas, D. C. Moss, V. S. Moss, Nanney, Owens, M. A. Pitts, Sandifer, Scott, Simrill, D. C. Smith, G. M. Smith, Spires, Stringer, Thompson, Toole, Umphlett, Viers, White, Whitmire, Willis, A. D. Young and T. R. Young: A JOINT RESOLUTION TO EXTEND CERTAIN GOVERNMENT APPROVALS AFFECTING THE DEVELOPMENT OF REAL PROPERTY WITHIN THE STATE.
Referred to Committee on Labor, Commerce and Industry
H. 4446 (Word version) -- Rep. Crawford: A BILL TO AMEND SECTION 44-29-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MASS IMMUNIZATION PROJECTS APPROVED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL AND THE PARTICIPATION OF MEDICAL PERSONNEL IN THESE PROJECTS, SO AS TO PROVIDE THAT LICENSED NURSES, RATHER THAN REGISTERED NURSES, ARE INCLUDED IN THE PERSONNEL WHO MAY PARTICIPATE IN THESE PROJECTS AND WHO ARE EXEMPT FROM LIABILITY.
Referred to Committee on Medical, Military, Public and Municipal Affairs
Rep. COOPER moved that the House do now adjourn, which was agreed to.
At 12:16 p.m. the House, in accordance with the motion of Rep. BARFIELD, adjourned in memory of Betty Roberts Hucks and Charles COLLIN Hucks of Aynor, to meet at 10:00 a.m. tomorrow.
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