South Carolina General Assembly
118th Session, 2009-2010
Journal of the House of Representatives


Printed Page 4963 . . . . . Thursday, May 27, 2010

Thursday, May 27, 2010
(Statewide Session)

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 119:17: "I find delight in your commandments, because I love them."
Let us pray. Steadfast Lord, come what may, we know You are always with us. In want, in need, in happiness, and in sorrow. Speak to our hearts the words of love, compassion, and mercy. Keep coming, Lord, into the hearts and minds of these women and men, that they may continue to trust in Your everlasting care. Bless our Nation, State, staff, and all who are in positions of leadership. Protect our defenders of freedom at home and abroad as they protect us. Comfort and heal our wounded warriors. 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.

MOTION ADOPTED

Rep. CHALK moved that when the House adjourns, it adjourn in memory of Rickey Eugene McElroy, Jr. of Hilton Head Island, which was agreed to.

MESSAGE FROM THE SENATE

The following was received:

Columbia, S.C., May 26, 2010
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 1078:

S. 1078 (Word version) -- Senators Jackson, Knotts, Courson, Ryberg, Nicholson, Sheheen, Thomas, Rose, Campbell, Malloy, Ford, L. Martin, Hayes,


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Verdin, Davis, Leventis and Cromer: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-7-264 SO AS TO REQUIRE THE OWNER OF A COMMUNITY RESIDENTIAL CARE FACILITY TO UNDERGO A CRIMINAL RECORD CHECK AS A REQUIREMENT OF LICENSURE AND TO ENUMERATE THOSE CRIMES THAT PRECLUDE LICENSURE.
and has ordered the Bill enrolled for ratification.

Very respectfully,
President
Received as information.

MESSAGE FROM THE SENATE

The following was received:

Columbia, S.C., May 26, 2010
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 973:

S. 973 (Word version) -- Senators Campsen, Rose, Elliott and Knotts: A BILL A BILL TO AMEND TITLE 23, CHAPTER 3, ARTICLE 7 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO ENACT THE "ELECTRONIC SECURING AND TARGETING OF ONLINE PREDATORS ACT (E-STOP)", BY ADDING SECTION 23-3-555, SO AS TO PROVIDE THAT A SEX OFFENDER WHO IS REQUIRED TO REGISTER WITH THE SEX OFFENDER REGISTRY MUST PROVIDE INFORMATION REGARDING THE OFFENDER'S INTERNET ACCOUNTS WITH INTERNET ACCESS PROVIDERS AND THE OFFENDER'S INTERNET IDENTIFIERS, AND TO PROVIDE THAT AN AUTHORIZED INTERNET ENTITY MAY REQUEST CERTAIN SEX OFFENDER REGISTRY INFORMATION FROM SLED, AND TO PROVIDE THAT SLED MUST PROVIDE CERTAIN SEX OFFENDER REGISTRY INFORMATION TO AN AUTHORIZED INTERNET ENTITY, AND TO PROVIDE THAT CERTAIN SEX OFFENDERS MUST, AS A CONDITION OF PROBATION OR PAROLE, BE PROHIBITED FROM USING THE INTERNET TO ACCESS SOCIAL NETWORKING WEBSITES, COMMUNICATE WITH OTHER PERSONS OR GROUPS FOR THE PURPOSE OF PROMOTING


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SEXUAL RELATIONS WITH PERSONS UNDER THE AGE OF EIGHTEEN, AND COMMUNICATE WITH PERSONS UNDER THE AGE OF EIGHTEEN.
and has ordered the Bill enrolled for ratification.

Very respectfully,
President
Received as information.

MESSAGE FROM THE SENATE

The following was received:

Columbia, S.C., May 26, 2010
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to H. 3800:

H. 3800 (Word version) -- Reps. Toole, Erickson, Brady, Bowen, Brantley, Parker, Allison, Cato, Crawford, Dillard, Duncan, Gullick, Gunn, Horne, Hosey, Jefferson, Littlejohn, Millwood, Mitchell, Pinson, Stringer, Willis, Wylie, A. D. Young, J. E. Smith, Clemmons, Hutto and Viers: A BILL TO AMEND SECTION 63-7-310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS REQUIRED TO REPORT ABUSE OR NEGLECT OF A CHILD, SO AS TO INCLUDE A SCHOOL ATTENDANCE OFFICER, SCHOOL ADMINISTRATOR, FOSTER PARENT, JUVENILE JUSTICE WORKER, AND GUARDIAN AD LITEM FOR A CHILD AMONG THE PEOPLE WHO MUST REPORT CERTAIN ALLEGATIONS OF CHILD ABUSE OR NEGLECT, AND TO ENCOURAGE OTHER PEOPLE TO REPORT THIS ABUSE.
and has ordered the Bill enrolled for ratification.

Very respectfully,
President
Received as information.

MESSAGE FROM THE SENATE

The following was received:

Columbia, S.C., May 26, 2010
Mr. Speaker and Members of the House:


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The Senate respectfully informs your Honorable Body that it has overridden the Veto by the Governor on R. 202, H. 4511 by a vote of 27 to 12:

(R202) H. 4511 (Word version) -- Reps. Clyburn, Harrison, Wylie, Bales, Brantley, Cobb-Hunter, Ott, Hosey, Hodges, Battle, Whipper, Alexander, Gilliard, Kennedy, Skelton, Jefferson, Merrill, Frye, King, Anderson, J.R. Smith, McEachern, Mitchell, Rice, A.D. Young, J.H. Neal, Allen, Hardwick, Williams, Harrell, Clemmons, G.M. Smith, Vick, Bingham, Branham, H.B. Brown, R.L. Brown, Cooper, Dillard, Duncan, Gunn, Hart, Hayes, Hearn, Littlejohn, V.S. Moss, J.M. Neal, Neilson, Rutherford, Thompson, Weeks, White, Willis, T.R. Young and Loftis: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 50 TO TITLE 11 SO AS TO ENACT THE "SOUTH CAROLINA RURAL INFRASTRUCTURE ACT", TO ESTABLISH THE SOUTH CAROLINA RURAL INFRASTRUCTURE AUTHORITY, AND TO PROVIDE FOR ITS GOVERNANCE, POWERS, AND DUTIES; TO AUTHORIZE THE AUTHORITY TO PROVIDE LOANS AND OTHER FINANCIAL ASSISTANCE TO A MUNICIPALITY, COUNTY, SPECIAL PURPOSE OR PUBLIC SERVICE DISTRICT, AND A PUBLIC WORKS COMMISSION TO FINANCE RURAL INFRASTRUCTURE FACILITIES; TO ALLOW STATE APPROPRIATIONS, GRANTS, LOAN REPAYMENTS, AND OTHER AVAILABLE AMOUNTS TO BE CREDITED TO THE FUND OF THE AUTHORITY; TO AUTHORIZE LENDING TO AND BORROWING BY ELIGIBLE ENTITIES THROUGH THE AUTHORITY.

Very respectfully,
President
Received as information.

MESSAGE FROM THE SENATE

The following was received:

Columbia, S.C., May 26, 2010
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has overridden the Veto by the Governor on R. 203, H. 4607 by a vote of 31 to 5:


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(R203) H. 4607 (Word version) -- Reps. Sandifer, Huggins, Ott, Hutto, Howard, Anderson, Gambrell, Rice, Hayes, Erickson, Bedingfield, Lowe, Brady, G.A. Brown, Pinson, Bowers, Toole, Crawford, Bales, Mack, Allison, Parker, Mitchell, Long, Viers, Sellers, Sottile, Forrester, Horne, Clemmons, Simrill and Cole: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 37-2-308 SO AS TO DEFINE NECESSARY TERMS AND PROVIDE PROCEDURES THAT MUST BE FOLLOWED BY MOTOR VEHICLE DEALERS IN ADVERTISEMENTS MADE IN THE COURSE OF SOLICITING FOR THE SALE OR LEASE OF MOTOR VEHICLES; AND TO AMEND SECTION 37-6-108, AS AMENDED, RELATING TO ADMINISTRATIVE ENFORCEMENT ORDERS, SO AS TO PROVIDE PENALTIES FOR MOTOR VEHICLE DEALERS WHO VIOLATE THE PROVISIONS OF SECTION 37-2-308.

Very respectfully,
President
Received as information.

MESSAGE FROM THE SENATE

The following was received:

Columbia, S.C., May 26, 2010
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 418:

S. 418 (Word version) -- Senator L. Martin: A BILL TO AMEND SECTION 7-17-220 OF THE 1976 CODE, RELATING TO MEETINGS OF THE BOARD OF STATE CANVASSERS, TO PROVIDE THAT A MEETING MAY BE CONVENED BY TELEPHONE OR ELECTRONIC COMMUNICATION INSTEAD OF IN PERSON AT THE OFFICE OF THE STATE ELECTION COMMISSION; AND TO AMEND SECTION 7-17-510, RELATING TO THE CONVENING OF THE COUNTY COMMISSIONERS OF ELECTION AS COUNTY BOARDS OF CANVASSERS, TO PROVIDE THAT ANY REQUIRED MEETINGS MAY BE


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CONVENED BY TELEPHONE OR ELECTRONIC COMMUNICATION.
and has ordered the Bill enrolled for ratification.

Very respectfully,
President
Received as information.

R. 207, S. 454--ORDERED PRINTED IN THE JOURNAL

The SPEAKER ordered the following Veto printed in the Journal:

May 19, 2010
The Honorable André Bauer
President of the Senate
State House, First Floor, East Wing
Columbia, South Carolina 29201

Dear Mr. President and Members of the Senate:

I am hereby vetoing and returning without my approval, S. 454 (Word version), R. 207, a bill that revises the pyrotechnic safety provisions relating to the regulation of fireworks. The Bill also increases the number of State Board of Pyrotechnic Safety board members from six to seven by adding a member to represent pyrotechnics wholesalers.

Although we agree with the public safety aspects of S. 454 - requiring those who are involved with pyrotechnics to adhere to reliable safety standards - we do not agree with the bill's method of appointing board members. It would take from what little power is vested in the Governorship of South Carolina and allocate it to the Legislature. The Bill states in section 40-56-10 that all seven members are to be appointed by the Governor. But, it also says if the Governor does not fill a vacancy in 60 days, it "must be filled through an appointment by the chairman of the House Labor, Commerce and Industry Committee, and the chairman of the Senate Labor, Commerce and Industry Committee."

In 2005, we vetoed a similar bill based on our belief that the legislation gave executive powers to the legislative branch and needlessly politicized the State Board of Medical Examiners. In that instance, the General Assembly passed a bill adding two lay members to the Board of Medical Examiners who must be appointed "one upon the recommendation of the President Pro Tempore of the Senate and


Printed Page 4969 . . . . . Thursday, May 27, 2010

one upon the recommendation of the Speaker of the House of Representatives."

In the same way, S. 454 infringes on the executive branch's appointment power by placing a limit on the amount of time that a governor has to consider a board appointment.

The Executive Branch makes more than 1,500 appointments to more than 300 statewide boards. If S. 454 becomes law, the State Board of Pyrotechnic Safety will be the only board whose members must be appointed within a 60-day timeframe.

For these reasons, I am vetoing and returning without my approval S. 454, R. 207.

Sincerely,
Mark Sanford
Governor
Received as information.

MESSAGE FROM THE SENATE

The following was received:

Columbia, S.C., May 26, 2010
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has overridden the Veto by the Governor on R. 207, S. 454 by a vote of 31 to 9:

(R207) S. 454 (Word version) -- Senators Peeler and Ford: AN ACT 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 PROVIDE PROCEDURES FOR FILLING A BOARD SEAT THAT IS VACANT FOR SIXTY DAYS, TO PROVIDE THAT MILEAGE, PER DIEM, AND SUBSISTENCE FOR BOARD MEMBERS MUST BE PAID BY THE BOARD RATHER THAN FROM THE STATE GENERAL FUND, TO PROVIDE THAT THE OFFICE OF STATE FIRE MARSHAL WILL PROVIDE ADMINISTRATIVE SUPPORT TO THE BOARD AND THAT THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, AMONG OTHER FUNCTIONS,


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WILL PROVIDE ADMINISTRATIVE, FISCAL, INVESTIGATIVE, AND INSPECTION OPERATIONS AND ACTIVITIES OF THE BOARD, TO DEFINE TERMS, TO REQUIRE LICENSURE FOR THE MANUFACTURING, SALE, OR STORAGE OF FIREWORKS AND TO PROVIDE LICENSURE QUALIFICATIONS AND REQUIREMENTS, TO AUTHORIZE THE DEPARTMENT, FIRE CHIEFS, AND LAW ENFORCEMENT OFFICERS TO INVESTIGATE COMPLAINTS AND TAKE NECESSARY ACTION TO MAINTAIN PUBLIC SAFETY, TO PROVIDE GROUNDS FOR DISCIPLINARY ACTION AND SANCTIONS THAT MAY BE IMPOSED, TO PROVIDE PROCEDURES FOR HEARINGS AND APPEALS, TO ESTABLISH REQUIREMENTS FOR FACILITIES FOR THE MANUFACTURING, SALE, OR STORAGE OF FIREWORKS, TO PROVIDE REQUIREMENTS FOR A RETAIL FIREWORKS SALES LICENSE, INCLUDING THE REQUIREMENT TO HAVE LIABILITY INSURANCE, TO REQUIRE A WHOLESALE LICENSE TO STORE DISPLAY FIREWORKS, TO REQUIRE THE REPORTING OF FIRES AND EXPLOSIONS, TO PROVIDE CRIMINAL AND CIVIL PENALTIES FOR VIOLATIONS, AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF PERSONS MANUFACTURING, SELLING, OR STORING FIREWORKS; AND TO REPEAL SECTIONS 23-35-10, 23-35-20, 23-35-30, 23-35-40, 23-35-50, 23-35-60, 23-35-70, 23-35-80, 23-35-90, 23-35-100, 23-35-110, 23-35-120, 23-35-140, AND 23-35-160 RELATING TO THE REGULATION, LICENSURE, AND PERMITTING OF FIREWORKS AND EXPLOSIVES.

Very respectfully,
President
Received as information.

S. 382--COMMITTEE OF CONFERENCE APPOINTED

The following was received from the Senate:

MESSAGE FROM THE SENATE

Columbia, S.C., May 26, 2010
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it insists upon its amendments to S. 382:


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S. 382 (Word version) -- Senator Hayes: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 62-2-805 SO AS TO PROVIDE FOR A PRESUMPTION THAT A DECEDENT AND THE DECEDENT'S SPOUSE HELD TANGIBLE PERSONAL PROPERTY IN A JOINT TENANCY WITH RIGHT OF SURVIVORSHIP, FOR EXCEPTIONS TO THE PRESUMPTION, AND FOR THE STANDARD OF PROOF TO OVERCOME THE PRESUMPTION.
and asks for a Committee of Conference and has appointed Senators Hayes, Malloy and Massey to the Committee of Conference on the part of the Senate.

Very respectfully,
President

Whereupon, the Chair appointed Reps. BANNISTER, HEARN and STAVRINAKIS to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.

REPORTS OF STANDING COMMITTEE

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

H. 5013 (Word version) -- Rep. Toole: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF INTERSTATE HIGHWAY 26 IN LEXINGTON COUNTY FROM ITS INTERSECTION WITH UNITED STATES HIGHWAY 1 TO ITS INTERSECTION WITH SOUTH CAROLINA HIGHWAY 302 THE "STANDRA JONES MEMORIAL HIGHWAY" AND ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS PORTION OF HIGHWAY THAT CONTAIN THE WORDS "STANDRA JONES MEMORIAL HIGHWAY" AND REQUEST THAT THE COSTS OF THESE MARKERS OR SIGNS ARE NOT PAID FOR WITH PUBLIC FUNDS.
Ordered for consideration tomorrow.


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

H. 5024 (Word version) -- Reps. Kelly, Parker, Cole, Allison, Forrester, Millwood and Mitchell: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE INTERSECTION AT THE JUNCTION OF UNITED STATES HIGHWAY 29 AND ZION HILL ROAD IN SPARTANBURG COUNTY "REPRESENTATIVE LANNY F. LITTLEJOHN INTERSECTION" AND ERECT APPROPRIATE MARKERS OR SIGNS AT THIS INTERSECTION THAT CONTAIN THE WORDS "REPRESENTATIVE LANNY F. LITTLEJOHN INTERSECTION".
Ordered for consideration tomorrow.

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

S. 1447 (Word version) -- Senators Campbell, Campsen and Grooms: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF JEDBURG ROAD IN BERKELEY COUNTY FROM ITS INTERSECTION WITH INTERSTATE HIGHWAY 26 TO ITS INTERSECTION WITH UNITED STATES HIGHWAY 176 "FIREFIGHTER MICHAEL FRENCH ROAD" AND ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS ROAD THAT CONTAIN THE WORDS "FIREFIGHTER MICHAEL FRENCH ROAD".
Ordered for consideration tomorrow.

HOUSE RESOLUTION

The following was introduced:

H. 5030 (Word version) -- Rep. G. A. Brown: A HOUSE RESOLUTION TO EXPRESS SINCERE SORROW UPON THE DEATH OF MRS. RUBY SCOTT SINGLETON OF DARLINGTON COUNTY, AND TO EXTEND DEEPEST SYMPATHY TO HER LARGE AND LOVING FAMILY AND TO HER MANY FRIENDS.

The Resolution was adopted.


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HOUSE RESOLUTION

The following was introduced:

H. 5031 (Word version) -- Reps. Vick, Lucas, Neilson and Jennings: A HOUSE RESOLUTION TO RECOGNIZE AND COMMEND THE HONORABLE ELIZABETH E. "JACKIE" BURCH, CHESTERFIELD COUNTY'S CHIEF MAGISTRATE, UPON THE OCCASION OF HER RETIREMENT, AND TO WISH HER MUCH SUCCESS AND HAPPINESS IN ALL HER FUTURE ENDEAVORS.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 5032 (Word version) -- Reps. Hosey, 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, 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 THE ALLENDALE-FAIRFAX HIGH SCHOOL BOYS TRACK TEAM ON WINNING THE 2010 CLASS A STATE CHAMPIONSHIP TITLE, AND TO HONOR ITS ATHLETES AND COACHES ON AN OUTSTANDING SEASON.

The Resolution was adopted.


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HOUSE RESOLUTION

The following was introduced:

H. 5033 (Word version) -- Reps. Harrell, R. L. Brown, Gilliard, Horne, Hutto, Limehouse, Mack, Merrill, Miller, Sottile, Stavrinakis, 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. H. Neal, J. M. 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. E. Smith, J. R. Smith, Spires, Stewart, Stringer, Thompson, Toole, Umphlett, Vick, Viers, Weeks, White, Whitmire, Williams, Willis, Wylie and T. R. Young: A HOUSE RESOLUTION TO COMMEND THE HONORABLE TIMOTHY E. "TIM" SCOTT OF CHARLESTON COUNTY FOR HIS DEDICATED SERVICE AS A MEMBER OF THE GENERAL ASSEMBLY, AND TO WISH HIM SUCCESS IN ALL HIS FUTURE ENDEAVORS AS HE DEPARTS THE HOUSE OF REPRESENTATIVES.

Whereas, the members of the South Carolina House of Representatives learned with genuine regret that the Honorable Timothy E. "Tim" Scott will retire from the House of Representatives at the conclusion of his current term; and

Whereas, Tim Scott has represented the citizens of House District 117 for two years and has served on the Labor, Commerce and Industry Committee of the South Carolina House of Representatives; and

Whereas, born in Charleston in 1965 the son of Frances and Ben Scott, Sr., he earned a bachelor's degree from Charleston Southern University in 1988 and proudly served on the board of governors at his alma mater from 2003 to 2008; and


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Whereas, from 1995 to 2008, he was a member of the Charleston County Council and served as its chairman from 2007 to 2008 and also served on the Metro Chamber of Commerce from 2007 to 2008 and on the Berkeley Chamber of Commerce in 2008; and

Whereas, Representative Scott served on the board of trustees of Seacoast from 2001 to 2008, and he was the co-chairman of the National Advisory Board of Allstate and a member of the Roper/St. Francis Hospital Foundation from 2004 to 2008; and

Whereas, actively serving the needs of his community, he was on both the Aviation Authority and the Council of Governments from 2007 to 2008; and

Whereas, the members of the South Carolina House of Representatives will miss their colleague Tim Scott and the reliable work and genuine spirit he has brought to the House of Representatives and wish him continued success in his private life as he leaves the State House. Now, therefore,

Be it resolved by the House of Representatives:

That the members of the South Carolina House of Representatives, by this resolution, commend the Honorable Timothy E. "Tim" Scott of Charleston County for his dedicated service as a member of the General Assembly, and wish him success in all his future endeavors as he departs the House of Representatives.

Be it further resolved that a copy of this resolution be presented to the Honorable Timothy E. Scott.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 5034 (Word version) -- Reps. Harrell, Horne, Knight, 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,


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Delleney, Dillard, Duncan, Edge, Erickson, Forrester, Frye, Funderburk, Gambrell, Gilliard, Govan, Gunn, Haley, Hamilton, Hardwick, Harrison, Hart, Harvin, Hayes, Hearn, Herbkersman, Hiott, Hodges, Hosey, Howard, Huggins, Hutto, Jefferson, Jennings, Kelly, Kennedy, King, Kirsh, 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 and T. R. Young: A HOUSE RESOLUTION TO RECOGNIZE AND COMMEND THE HONORABLE ANNETTE D. YOUNG OF DORCHESTER COUNTY FOR TWENTY YEARS OF DEDICATED SERVICE IN THE GENERAL ASSEMBLY ON BEHALF OF THE CITIZENS OF SOUTH CAROLINA, AND TO WISH HER MUCH SUCCESS AND HAPPINESS AS SHE DEPARTS THE HOUSE OF REPRESENTATIVES.

Whereas, the members of the South Carolina House of Representatives learned with genuine regret that Annette D. Young will retire from the House of Representatives at the conclusion of her current term; and

Whereas, Representative Young's leadership was quickly recognized upon her election to the House in 1991 when she was elected Chairman of the Dorchester County Legislative Delegation, serving through 1994. In 1995 she was elected House Majority Leader, and she has served on the Statehouse Committee since 1995, which included the historic renovation of the Statehouse from 1995 to 1998; and

Whereas, Representative Young has served the people of House District 98 with honor and distinction for twenty years. She has served on the Ways and Means Committee since 1998 and in 2006 was first vice chair. She was Vice Chair of the Ethics Committee in 2009 and has served as first Vice Chair of the Joint Bond Review Committee since 2006; and


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Whereas, a fiscal watchdog, Representative Young is a friend and advocate for the taxpayer and is dedicated to the principles of sound budgeting, benefitting the State and the constituents she serves; and

Whereas, throughout her tenure in the House she has worked to improve efficiency and accountability in state government and when needed has questioned agency policies and practices and has challenged state employees to serve the public with the utmost professionalism; and

Whereas, Representative Young has also been a strong advocate for local government and was the author and lead sponsor of the "South Carolina Residential Improvement District," legislation expanding the authority and funding for county and municipal improvement districts, and legislation revising many local election laws; and

Whereas, born in Mississippi to the late Terri W. and the late Alice R. Douglas, she married her beloved husband, the late Roger Allen Young, and they raised two fine children, Robert and Kristina; and

Whereas, before coming to the House of Representatives she was exemplary in her service to her community, and in 1987 she received the Order of the Palmetto, the highest civilian award conferred in the State, from Governor Carroll Campbell; and

Whereas, among the myriad causes and organizations she has served include the Joint Legislative Committee on Children, Rollings Elementary School, Givhans Elementary School, Trident Technical College, the YMCA Executive Board, Junior Service League, Archdale Women's Club, Summerville Kiwanis Club, and the Summerville Rotary Club; and

Whereas, Representative Young, though serious, focused, and hard working, is known to have a keen sense of humor and is admired for her generosity, warmth, and loyalty. The members of the South Carolina House of Representatives will miss their faithful friend and colleague Annette Young and the hard work and dedication she has given to the House of Representatives and wish her continued success in her private life as she leaves the State House. Now, therefore,

Be it resolved by the House of Representatives:


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That the members of the South Carolina House of Representatives, by this resolution, recognize and commend the Honorable Annette D. Young of Dorchester County for twenty years of dedicated service in the General Assembly on behalf of the citizens of South Carolina, and wish her much success and happiness as she departs the House of Representatives.

Be it further resolved that a copy of this resolution be presented to the Honorable Annette D. Young.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 5035 (Word version) -- Reps. M. A. Pitts, Willis, 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, 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, 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, Wylie, A. D. Young and T. R. Young: A HOUSE RESOLUTION TO COMMEND THE HONORABLE JEFF D. DUNCAN FOR HIS EIGHT YEARS OF FAITHFUL AND DISTINGUISHED SERVICE TO THE CITIZENS OF DISTRICT 15 IN LAURENS AND NEWBERRY COUNTIES, AND TO WISH HIM HAPPINESS AND FULFILLMENT IN ALL HIS FUTURE ENDEAVORS.

Whereas, for eight years, the Honorable Jeff D. Duncan has represented the citizens of House District 15 in Laurens and Newberry


Printed Page 4979 . . . . . Thursday, May 27, 2010

counties with attention and diligence in the House of Representatives of this great State; and

Whereas, Jeff Duncan, the son of John T. and Dianne M. Duncan, graduated from Clemson University in 1988, where he played football for legendary Coach Danny Ford. He currently serves as the president and CEO of J. Duncan Associates, a family-owned real estate marketing firm which specializes in statewide real estate auctions; and

Whereas, Representative Duncan in his legislative capacity has labored on the Agriculture, Natural Resources & Environmental Affairs Committee, of which he has served as chairman since 2008, having previously served as second vice chairman. He is also past chairman of the Environmental 1 Subcommittee; and

Whereas, a graduate of Leadership Laurens, Jeff Duncan believes a man should be actively involved in his community and has exemplified that attitude over the years. He has served at various times as a member of the Laurens County Chamber of Commerce Board, Piedmont Wilderness Institute Board, Joanna Lions Club, South Carolina Waterfowl Association Board, Piedmont Technical College Board of Visitors, Clinton Kiwanis Club, Whitmire Goodfellows, Clinton Uptown Development Association Board, and the Clinton Zoning Appeals Board; and

Whereas, in addition, he is currently a board member of the Clinton Economic Development Corporation and serves as a deacon at First Baptist Church of Clinton; and

Whereas, an avid outdoorsman, Jeff Duncan enjoys most all types of hunting and fishing; and

Whereas, he has not gone unappreciated for his work on behalf of those he serves. Among his honors are the 2003 South Carolina Policy Council Palmetto Leadership Award and the 2006 NFIB Guardian of Small Business Award, and he was named South Carolina Recreation and Parks Association Legislator of the Year and 2007 South Carolina Wildlife Federation Legislator of the Year; and

Whereas, recognized for his unwavering fiscal conservation, Jeff Duncan has been touted by Governor Mark Sanford as a "tax payer


Printed Page 4980 . . . . . Thursday, May 27, 2010

hero" every year he has been a member of the House of Representatives; and

Whereas, married to the former Melody Ann Hodges for twenty-one years, Jeff Duncan is the proud father of their three children, Graham, John Philip, and Parker; and

Whereas, committed to the cause of public service, Jeff Duncan aspires to become a Congressman in the United States House of Representatives and has led a spirited campaign to represent the interests and well being of the citizens of this great State in our nation's Capitol; and

Whereas, Jeff Duncan's colleagues in the House of Representatives, understanding that he will not return in 2011, wish to express their heartfelt appreciation for his committed service to the people of District 15, as well as their best wishes for a successful Congressional campaign. Now, therefore,

Be it resolved by the House of Representatives:

That the members of the South Carolina House of Representatives, by this resolution, commend the Honorable Jeff D. Duncan for his eight years of faithful and distinguished service to the citizens of District 15 in Laurens and Newberry counties, and wish him happiness and fulfillment in all his future endeavors.

Be it further resolved that a copy of this resolution be presented to our distinguished colleague, the Honorable Jeff D. Duncan.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 5036 (Word version) -- Reps. Bingham, Ballentine, Frye, Huggins, McLeod, Ott, E. H. Pitts, Agnew, Alexander, Allen, Allison, Anderson, Anthony, Bales, Bannister, Barfield, Battle, Bedingfield, 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,


Printed Page 4981 . . . . . Thursday, May 27, 2010

Funderburk, Gambrell, Gilliard, Govan, Gunn, Hamilton, Hardwick, Harrell, Harrison, Hart, Harvin, Hayes, Hearn, Herbkersman, Hiott, Hodges, Horne, Hosey, Howard, Hutto, Jefferson, Jennings, Kelly, Kennedy, King, Kirsh, Knight, Limehouse, Littlejohn, Loftis, Long, Lowe, Lucas, Mack, McEachern, Merrill, Miller, Millwood, Mitchell, D. C. Moss, V. S. Moss, Nanney, J. H. Neal, J. M. Neal, Neilson, Norman, Owens, Parker, Parks, Pinson, 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 RECOGNIZE AND COMMEND THE HONORABLE NIKKI HALEY OF LEXINGTON COUNTY FOR HER DEDICATED SERVICE IN THE HOUSE OF REPRESENTATIVES ON BEHALF OF THE CITIZENS OF SOUTH CAROLINA, AND TO WISH HER MUCH SUCCESS AND HAPPINESS IN ALL HER FUTURE ENDEAVORS.

Whereas, the members of the South Carolina House of Representatives learned with sincere regret that Nikki Haley will retire from the House of Representatives at the conclusion of her current term; and

Whereas, after she earned a bachelor of science from Clemson University in 1994, with an accounting major, she married her husband William Haley in 1996, and they have two fine children; and

Whereas, she served as the assistant executive director of Lexington Medical Center Foundation until she left the post in April 2010, to devote full time to her quest for statewide office and has served on the board of directors of that foundation since 2004; and

Whereas, in 1998, she served on the board of directors for the Orangeburg County Chamber of Commerce, and from 2003 to 2006, she served on the same board for the Lexington County Chamber of Commerce; and

Whereas, an enthusiastic member of the board of directors for the National Association of Women Business Owners, Representative Haley served as treasurer of the board in 2003 and as president in 2004; and


Printed Page 4982 . . . . . Thursday, May 27, 2010

Whereas, active in the affairs of the community, she is a major in the Civil Air Patrol and served on the board of the Lexington County Sheriff's Foundation from 2004 to 2006, and she is a member of the Rotary Club of Lexington; and

Whereas, elected to the General Assembly to represent District 87 in 2004, she was Chairman of the Freshman Caucus from 2005 to 2006 and served as the majority whip in 2006 and the Vice Chair of the Republican Women's Caucus in 2007, and she currently serves on the Education and Public Works Committee and has previous service on the Medical, Military, Public and Municipal Affairs Committee and on the Labor, Commerce and Industry Committee where she served as Chairman of the Banking and Consumer Affairs Subcommittee; and

Whereas, in all of her service, she has brought her exceptional business and financial acumen to the great benefit of the people of this State; and

Whereas, for her excellent service to the citizens of our State, she received the 2005 Friend of the Taxpayer Award presented by the South Carolina Association of Taxpayers, the 2005 Legislator of the Year Award from the Centennial Foundation, the 2006 Palmetto Leadership Award from the South Carolina Policy Council, and the 2006 Strom Thurmond Excellence in Public Service and Government Award from the South Carolina Federation of Republican Women; and

Whereas, the members of the House of Representatives will miss the enthusiastic and energetic service that Nikki Haley, their friend and colleague, has given to the House of Representatives, and hope that she will enjoy deep fulfillment in the years to come. Now, therefore,

Be it resolved by the House of Representatives:

That the members of the House of Representatives of the State of South Carolina, by this resolution, recognize and commend the Honorable Nikki Haley of Lexington County for her dedicated service in the House of Representatives on behalf of the citizens of South Carolina, and wish her much success and happiness in all her future endeavors.


Printed Page 4983 . . . . . Thursday, May 27, 2010

Be it further resolved that a copy of this resolution be presented to the Honorable Nikki Haley.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 5037 (Word version) -- Reps. Allison, Anthony, Cole, Forrester, Kelly, Millwood, Mitchell, Parker, Agnew, Alexander, Allen, Anderson, 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, Cooper, Crawford, Daning, Delleney, Dillard, Duncan, Edge, Erickson, 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, Loftis, Long, Lowe, Lucas, Mack, McEachern, McLeod, Merrill, Miller, D. C. Moss, V. S. Moss, Nanney, J. H. Neal, J. M. Neal, Neilson, Norman, Ott, Owens, 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 THE HONORABLE LANNY F. LITTLEJOHN FOR HIS TWENTY-TWO YEARS OF LOYAL SERVICE TO THE CITIZENS OF DISTRICT 33 IN CHEROKEE AND SPARTANBURG COUNTIES AS A MEMBER OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES, AND TO WISH HIM LIFE'S BEST AND MUCH HAPPINESS IN THE YEARS TO COME.

Whereas, the members of the South Carolina House of Representatives learned with true regret that Lanny F. Littlejohn will retire from the House of Representatives at the conclusion of his current term; and


Printed Page 4984 . . . . . Thursday, May 27, 2010

Whereas, Representative Littlejohn has served the citizens of House District 33 for twenty-two years as a conscientious, dedicated advocate; and

Whereas, Lanny Littlejohn, having been a teacher, coach, principal, and Chairman of Spartanburg School District Three before coming to the General Assembly, brought a wealth of hands on experience that served him and South Carolina Schools well during his tenure on the Education Committee from 1994-2000; and

Whereas, in 2001 Representative Littlejohn, now a retired business man, was appointed to the Ways and Means Committee, again bringing another area of expertise to his service on the committee and on the Higher Education Budget Subcommittee and as chair of the Sales and Income Tax Legislation Subcommittee. Additionally, his business acumen has been an asset to serving since 2003 on the Joint Bond Review Committee and as Chairman of the Operations and Management Committee since 2006; and

Whereas, Lanny Littlejohn was born in 1942 to the late George and Shirley Peteus Littlejohn of Spartanburg County. At the call of his country, he served in the United States Army from 1961 to 1965, and in 1965, he earned his bachelor's degree at Spartanburg Methodist College, after which he completed further studies at Western Carolina University and Converse College; and

Whereas, admired and respected by his colleagues as well as his community for his many contributions, he was honored April 11, 2010, at the official opening and dedication of the Spartanburg School District Three Community Auditorium. The JROTC Commander presented Representative Littlejohn a United States Flag, which will be housed in the auditorium lobby, in honor of his years of service as a teacher, coach, school district board member, state representative and military serviceman; and

Whereas, in 1966 he married his lovely wife, Jean Miley, and is the proud father of three children. The Littlejohns are faithful members of Morning Side Baptist Church, where he serves as a deacon; and

Whereas, Lanny Littlejohn brings a calm and measured voice to legislative debates and this kind and gentle man will be sorely missed


Printed Page 4985 . . . . . Thursday, May 27, 2010

by his colleagues in the House who extend grateful thanks for his many years of tireless effort on behalf of the people of South Carolina and wish him much enjoyment in his well-earned retirement. Now, therefore,

Be it resolved by the House of Representatives:

That the members of the South Carolina House of Representatives, by this resolution, commend the Honorable Lanny F. Littlejohn for his twenty-two years of loyal service to the citizens of District 33 in Cherokee and Spartanburg counties as a member of the South Carolina House of Representatives, and wish him life's best and much happiness in the years to come.

Be it further resolved that a copy of this resolution be presented to our distinguished colleague, the Honorable Lanny F. Littlejohn.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 5038 (Word version) -- Reps. Bingham, Ballentine, Frye, Haley, Huggins, McLeod, Ott, Spires, Toole, Agnew, Alexander, Allen, Allison, Anderson, Anthony, Bales, Bannister, Barfield, Battle, Bedingfield, 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, Funderburk, Gambrell, Gilliard, Govan, Gunn, Hamilton, Hardwick, Harrell, Harrison, Hart, Harvin, Hayes, Hearn, Herbkersman, Hiott, Hodges, Horne, Hosey, Howard, Hutto, Jefferson, Jennings, Kelly, Kennedy, King, Kirsh, Knight, Limehouse, Littlejohn, Loftis, Long, Lowe, Lucas, Mack, McEachern, Merrill, Miller, Millwood, Mitchell, D. C. Moss, V. S. Moss, Nanney, J. H. Neal, J. M. Neal, Neilson, Norman, Owens, Parker, Parks, Pinson, 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, Stavrinakis, Stewart, Stringer, Thompson, Umphlett, Vick, Viers, Weeks, Whipper, White, Whitmire, Williams, Willis, Wylie, A. D. Young and T. R. Young: A HOUSE RESOLUTION TO RECOGNIZE AND COMMEND THE HONORABLE EDWARD


Printed Page 4986 . . . . . Thursday, May 27, 2010

HOLLAND "TED" PITTS, JR., OF LEXINGTON COUNTY FOR HIS MERITORIOUS SERVICE IN THE HOUSE OF REPRESENTATIVES ON BEHALF OF THE CITIZENS OF SOUTH CAROLINA, ACKNOWLEDGE HIS PERSONAL SACRIFICE IN SERVING HIS STATE AND COUNTRY AS A MEMBER OF THE SOUTH CAROLINA ARMY NATIONAL GUARD, AND WISH HIM MUCH SUCCESS AND HAPPINESS IN ALL HIS FUTURE ENDEAVORS.

Whereas, the members of the South Carolina House of Representatives learned with sincere regret that Edward Holland "Ted" Pitts, Jr., will retire from the House of Representatives at the conclusion of his current term; and

Whereas, the son of Edward H. Pitts, Sr., and the late Anne Digby Pitts, he graduated from Presbyterian College in 1994 where he lettered in football; and

Whereas, having grown up a member of the well-known and greatly respected Pitts family of Lexington, after being heavily involved in the community all his life, Ted ran for the House in 2003 and served his constituents to the very best of his considerable ability; and

Whereas, hard-working and kind, he is known for his independence, fiscal conservatism, and his passion for protecting the innocent. His sponsorship and perseverance led to the passage of ground-breaking child abuse and child exploitation laws known as "Jessica's Law" in South Carolina; and

Whereas, in 2004, he married his lovely wife Christina Reyes and together they are the proud parents of two beautiful children, Edward H. Pitts III and Sara Anne Pitts; and

Whereas, Ted not only serves his State and country but above all his God, a member of Saxe Gotha Presbyterian Church, he and Christina are active members of the CSI Sunday School Class; and

Whereas, a Certified Commercial Investment Member, Representative Pitts is a commercial real estate broker and a member of the South Carolina State Certified Commercial Investment Board; and


Printed Page 4987 . . . . . Thursday, May 27, 2010

Whereas, he is a graduate of Leadership Lexington County and the Lexington County Sheriff's Citizens Academy, and he serves his State and country with the South Carolina Army National Guard; and

Whereas, Representative Pitts also serves on the Lexington County Chamber of Commerce, and he is a member of the Rotary Club of Lexington; and

Whereas, the members of the South Carolina House of Representatives will miss the dedicated service that Ted Pitts, their friend and colleague, has given to the House of Representatives over his tenure here and wish him Godspeed in returning from his service to his country to his beloved family and many friends. Now, therefore,

Be it resolved by the House of Representatives:

That the members of the House of Representatives of the State of South Carolina, by this resolution, recognize and commend the Honorable Edward Holland "Ted" Pitts, Jr., of Lexington County for his meritorious service in the House of Representatives on behalf of the citizens of South Carolina, acknowledge his personal sacrifice in serving his State and country as a member of the South Carolina Army National Guard, and wish him much success and happiness in all his future endeavors.

Be it further resolved that a copy of this resolution be presented to the Honorable Edward Holland Pitts, Jr.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 5039 (Word version) -- Reps. Owens, Hiott, Sandifer, Skelton, 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,


Printed Page 4988 . . . . . Thursday, May 27, 2010

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, D. C. Moss, V. S. Moss, Nanney, J. H. Neal, J. M. Neal, Neilson, Norman, Ott, Parker, Parks, Pinson, E. H. Pitts, M. A. Pitts, Rutherford, Scott, Sellers, Simrill, 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 THE HONORABLE REX FONTAINE RICE OF PICKENS COUNTY FOR SIXTEEN YEARS OF DEDICATED SERVICE AS A MEMBER OF THE GENERAL ASSEMBLY, AND TO WISH HIM SUCCESS IN ALL HIS FUTURE ENDEAVORS AS HE DEPARTS THE HOUSE OF REPRESENTATIVES TO PURSUE OTHER OPPORTUNITIES AS AN ELECTED PUBLIC OFFICIAL.

Whereas, the members of the South Carolina House of Representatives learned with sincere regret that Rex Fontaine Rice will retire from the House of Representatives at the conclusion of his current term to pursue other opportunities as an elected public official; and

Whereas, Representative Rice has represented the citizens of House District 26 for sixteen years and has served recently as the vice chair of the Operations and Management Committee and as the second vice chair of the Ways and Means Committee of the South Carolina House of Representatives; and

Whereas, as a committed fiscal conservative, Rex Rice has always treated the expenditure of state and public funds just like he treats his own funds; with care, caution and a sense that public funds should be used to better the lives and opportunities of the citizens of South Carolina and achieve the best value for the taxpayer's dollar; and

Whereas, throughout his tenure in the House, he has fought for a better and more efficient state government through his sponsorship of comprehensive sunset review legislation among his other better government initiatives. He also was the author and lead sponsor of the legislation establishing the South Carolina Virtual School Program, and for years was a leader in the fight to raise the cigarette tax thereby


Printed Page 4989 . . . . . Thursday, May 27, 2010

reducing teenage and other smoking which finally came to fruition this year at the conclusion of his House service; and

Whereas, the son of Claire Fontaine Rice and Frank Towers Rice, he married his lovely wife Ruth Britts in 1982, and they have two fine children, Toni and Meredith; and

Whereas, this calm, dignified and dedicated man in his business and private life built a successful construction company where he used his financial ability and expertise and ability to work with people to become one of the most respected business leaders in his community; and

Whereas, a resident of Easley, Rex Rice has also been an active civic and community leader in his hometown. In addition to his duties as a public official, he is actively involved in the Easley Rotary Club, serves on the advisory board of the Greenville Salvation Army, and is a member of Easley Presbyterian Church; and

Whereas, the members of the South Carolina House of Representatives will miss the dedication and hard work that Rex Fontaine Rice has brought to the House of Representatives and wish him continued success in his professional and private life as he leaves the House of Representatives. Now, therefore,

Be it resolved by the House of Representatives:

That the members of the South Carolina House of Representatives, by this resolution, commend the Honorable Rex Fontaine Rice of Pickens County for sixteen years of dedicated service as a member of the General Assembly, and wish him success in all his future endeavors as he departs the House of Representatives to pursue other opportunities as an elected public official.

Be it further resolved that a copy of this resolution be presented to the Honorable Rex Fontaine Rice.

The Resolution was adopted.


Printed Page 4990 . . . . . Thursday, May 27, 2010

HOUSE RESOLUTION

The following was introduced:

H. 5040 (Word version) -- Reps. Gambrell, Agnew, Bowen, Cooper, White, Alexander, Allen, Allison, Anderson, Anthony, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bingham, Bowers, Brady, Branham, Brantley, G. A. Brown, H. B. Brown, R. L. Brown, Cato, Chalk, Clemmons, Clyburn, Cobb-Hunter, Cole, Crawford, Daning, Delleney, Dillard, Duncan, Edge, Erickson, Forrester, Frye, Funderburk, 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, Toole, Umphlett, Vick, Viers, Weeks, Whipper, Whitmire, Williams, Willis, Wylie, A. D. Young and T. R. Young: A HOUSE RESOLUTION TO COMMEND THE HONORABLE MICHAEL D. THOMPSON OF ANDERSON COUNTY FOR HIS TEN YEARS OF COMMITTED SERVICE AS A MEMBER OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES, AND TO WISH HIM ALL THE BEST IN THE YEARS TO COME.

Whereas, the Honorable Michael D. Thompson of Anderson County for ten years has loyally represented the citizens of House District 9 in the House of Representatives of this great State; and

Whereas, a 1999 graduate of the University of South Carolina, Michael Thompson is an account manager for Am-Can Transport Service; and

Whereas, not one to neglect his civic duty, Representative Thompson has served his community and State in numerous capacities, among them as a member of the South Carolina Commission on National and Community Service, Anderson County Rotary Club, and Anderson County Success by Six Board; and


Printed Page 4991 . . . . . Thursday, May 27, 2010

Whereas, he also enjoys membership in the University of South Carolina Alumni Association and Kappa Sigma Alumni Association; and

Whereas, a man of faith, Michael Thompson finds spiritual strength through worship at Concord Baptist Church and also serves his God on the Anderson Crisis Ministries Board of Directors, Salvation Army Advisory Board, and Anderson Area YMCA Advisory Board (ex officio); and

Whereas, during his legislative service, he has also lent his expertise to the House Labor, Commerce and Industry Committee; and

Whereas, on the occasion of his departure from the House of Representatives, his House colleagues, grateful for Michael Thompson's efforts to serve his constituents, extend their best wishes for much success and fulfillment in the new challenges he looks forward to in the days ahead. Now, therefore,

Be it resolved by the House of Representatives:

That the members of the South Carolina House of Representatives, by this resolution, commend the Honorable Michael D. Thompson of Anderson County for his ten years of committed service as a member of the South Carolina House of Representatives, and wish him all the best in the years to come.

Be it further resolved that a copy of this resolution be presented to our distinguished colleague, the Honorable Michael D. Thompson.

The Resolution was adopted.

INTRODUCTION OF BILLS

The following Bill and Joint Resolution were introduced, read the first time, and referred to appropriate committees:

H. 5041 (Word version) -- Reps. Thompson and Kennedy: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 1, ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE LEGISLATIVE POWER OF THIS STATE VESTED IN TWO BRANCHES, SO AS TO PROVIDE THAT THE


Printed Page 4992 . . . . . Thursday, May 27, 2010

LEGISLATIVE POWER OF THIS STATE SHALL BE VESTED IN A UNICAMERAL GENERAL ASSEMBLY WITH ONE BRANCH STYLED THE HOUSE OF REPRESENTATIVES, AND TO PROVIDE THAT THE POWERS, DUTIES, AND FUNCTIONS OF THE HOUSE OF REPRESENTATIVES AS THE SINGLE BRANCH OF THE GENERAL ASSEMBLY SHALL BE PROVIDED BY LAW; AND PROPOSING AMENDMENTS TO SECTIONS 7, 9, 10, 11, 12, 13, 14, 18, 20, 22, 23, AND 25, ARTICLE III, AND SECTION 12, ARTICLE IV, SECTION 26, ARTICLE V, SECTION 13, ARTICLE X, SECTION 4, ARTICLE XIII, SECTION 2, ARTICLE XV, AND SECTION 1, ARTICLE XVI OF THE CONSTITUTION OF THIS STATE, AND TO DELETE SECTIONS 6 AND 15, ARTICLE III, AND SECTIONS 9 AND 10, ARTICLE IV, ALL RELATING TO THE GENERAL ASSEMBLY AND ITS ORGANIZATION, OPERATION, AND PROCEDURES, SO AS TO REMOVE REFERENCES TO THE "SENATE", "SENATOR", OR SIMILAR RELATED TERMS.
Referred to Committee on Judiciary

H. 5042 (Word version) -- Reps. Gambrell, Agnew and Bowers: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-17-745 SO AS TO PROHIBIT THE RELEASE OF TWENTY OR MORE BALLOONS EN MASSE OR OVER THE PERIOD OF ONE HOUR, TO PROVIDE EXEMPTIONS, TO PROVIDE A CRIMINAL PENALTY, AND TO AUTHORIZE A PERSON TO SEEK AN INJUNCTION AGAINST SUCH ACTIVITY.
Referred to Committee on Judiciary

ROLL CALL

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

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

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Delleney               Dillard                Duncan
Edge                   Erickson               Forrester
Frye                   Funderburk             Gambrell
Gunn                   Hamilton               Hardwick
Harrell                Harrison               Harvin
Hearn                  Herbkersman            Hiott
Hodges                 Hosey                  Howard
Huggins                Jefferson              Jennings
Kelly                  Kennedy                King
Kirsh                  Knight                 Limehouse
Littlejohn             Loftis                 Long
Lucas                  McEachern              McLeod
Merrill                Miller                 Millwood
D. C. Moss             V. S. Moss             Nanney
J. M. Neal             Norman                 Parker
Pinson                 M. A. Pitts            Rice
Sandifer               Simrill                Skelton
D. C. Smith            G. M. Smith            G. R. Smith
J. R. Smith            Sottile                Spires
Stewart                Stringer               Thompson
Toole                  Umphlett               Williams
Wylie                  T. R. Young

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Thursday, May 27.

Paul Agnew                        Terry Alexander
Wendell Gilliard                  Jerry Govan
Nikki Haley                       Jackie Hayes
Jenny A. Horne                    A.P. Hutto
Phillip Lowe                      David Mack
Joseph Neal                       Denny Neilson
Harry Ott                         Phillip D. Owens
Anne Parks                        Todd Rutherford
Bakari Sellers                    James E. Smith
Leon Stavrinakis                  Ted Vick
Jackson "Seth"  Whipper           Annette Young
Harold Mitchell                   David Weeks
Brian White

Total Present--117


Printed Page 4994 . . . . . Thursday, May 27, 2010

LEAVE OF ABSENCE

The SPEAKER granted Rep. R. L. BROWN a leave of absence for the day due to illness in family.

LEAVE OF ABSENCE

The SPEAKER granted Rep. WILLIS a leave of absence for the day due to attend a funeral.

DOCTOR OF THE DAY

Announcement was made that Dr. John Schaberg of West Columbia was the Doctor of the Day for the General Assembly.

SPEAKER PRO TEMPORE IN CHAIR

SPECIAL PRESENTATION

Rep. HARRELL presented to the House the First Baptist Church School "Hurricanes" Varsity Boys Baseball Team, the 2010 South Carolina Independent School Association Class AA Champions, their coaches and other school officials.

SPEAKER IN CHAIR

RETURNED TO THE SENATE WITH AMENDMENTS

The following Bills were taken up, read the third time, and ordered returned to the Senate with amendments:

S. 1338 (Word version) -- Senator Fair: A BILL TO AMEND ACT 432 OF 1947, AS AMENDED, RELATING TO THE GREENVILLE HOSPITAL SYSTEM, ITS CREATION, BOARD, POWERS, AND DUTIES, SO AS TO PROVIDE THAT THE GREENVILLE HOSPITAL SYSTEM BOARD OF TRUSTEES MAY ESTABLISH A POLICE DEPARTMENT, EMPLOY POLICE AND SECURITY OFFICERS, AND TO PROVIDE FOR THE POLICE DEPARTMENT'S DUTIES, RESPONSIBILITIES, POWERS, FUNCTIONS, AND JURISDICTION.

S. 107 (Word version) -- Senators Ryberg, Bryant, Massey, Peeler and L. Martin: A BILL TO AMEND SECTION 16-3-654 OF THE 1976 CODE, RELATING TO CRIMINAL SEXUAL CONDUCT IN THE THIRD DEGREE, TO INCLUDE SEXUAL BATTERY WHEN THE VICTIM IS A STUDENT SIXTEEN YEARS OF AGE OR OLDER AND THE


Printed Page 4995 . . . . . Thursday, May 27, 2010

ACTOR IS A PERSON EMPLOYED AT A PUBLIC OR PRIVATE SECONDARY SCHOOL, UNDER CERTAIN CIRCUMSTANCES.

S. 717 (Word version) -- Senators Coleman, Setzler, Land, Campbell and Hayes: A BILL TO AMEND SECTIONS 12-36-2120 AND 12-37-220, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SALES TAX EXEMPTIONS AND PROPERTY TAX EXEMPTIONS, SO AS TO EXEMPT MACHINERY, EQUIPMENT, BUILDING AND OTHER RAW MATERIALS, AND ELECTRICITY USED BY A FACILITY OWNED BY A TAX EXEMPT ORGANIZATION INVESTING AT LEAST TWENTY MILLION DOLLARS OVER THREE YEARS IN THE FACILITY WHEN THAT FACILITY IS USED PRINCIPALLY FOR RESEARCHING AND TESTING THE IMPACT OF NATURAL HAZARDS SUCH AS WIND, FIRE, EARTHQUAKE, AND HAIL ON BUILDING MATERIALS USED IN RESIDENTIAL, COMMERCIAL, AND AGRICULTURAL BUILDINGS.

S. 319 (Word version) -- Senators Leventis, Rose, Malloy, Davis, Lourie and Hayes: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 46 SO AS TO ENACT THE "INTERSTATE COMPACT ON EDUCATIONAL OPPORTUNITY FOR MILITARY CHILDREN", TO PROVIDE THAT THE GOVERNOR MAY EXECUTE THE COMPACT WITH OTHER COMPACT STATES, TO PROVIDE THAT THE STATE SUPERINTENDENT OF EDUCATION IS THE COMPACT COMMISSIONER OF THIS STATE, TO ESTABLISH A COUNCIL ON EDUCATIONAL OPPORTUNITY FOR MILITARY CHILDREN, TO PROVIDE FOR THE COUNCIL'S MEMBERSHIP, APPOINTMENTS, TERMS, QUORUM, LEADERSHIP, FILLING OF VACANCIES, AND POWERS AND DUTIES, AND TO PROVIDE THE TERMS OF THE COMPACT.

S. 1298 (Word version) -- Senator McGill: A BILL TO AMEND SECTION 56-5-70 OF THE 1976 CODE, RELATING TO THE REGULATION OF TRAFFIC ON HIGHWAYS, TO PROVIDE GUIDELINES FOR RELIEF FROM REGULATIONS DURING TIMES OF EMERGENCY.


Printed Page 4996 . . . . . Thursday, May 27, 2010

ORDERED ENROLLED FOR RATIFICATION

The following Bill was read the third time, passed and, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification:

S. 1021 (Word version) -- Senator Massey: A BILL TO AMEND ACT 476 OF 1969, AS AMENDED, RELATING TO THE VALLEY PUBLIC SERVICE AUTHORITY IN AIKEN COUNTY, SO AS TO ADD TWO MEMBERS TO THE GOVERNING BOARD OF THE AUTHORITY AND TO PROVIDE FOR THEIR TERMS AND MANNER OF APPOINTMENT.

S. 1372--DEBATE ADJOURNED

Rep. WEEKS moved to adjourn debate upon the following Bill until Tuesday, June 1, which was adopted:

S. 1372 (Word version) -- Senator Leventis: A BILL TO AMEND ACT 387 OF 2008, AS AMENDED, RELATING TO THE CONSOLIDATION OF SUMTER SCHOOL DISTRICTS 2 AND 17, SO AS TO EXTEND THE TERM OF OFFICE FOR MEMBERS THAT ARE SET TO EXPIRE IN 2010; TO PROVIDE THAT THE SUPERINTENDENT OF THE CONSOLIDATED SCHOOL DISTRICT SHALL SELECT AND APPOINT AN ASSISTANT SUPERINTENDENT; AND TO AUTHORIZE THE BOARDS OF TRUSTEES OF SUMTER SCHOOL DISTRICTS 2 AND 17 TO ISSUE GENERAL OBLIGATION BONDS OF THE RESPECTIVE DISTRICTS FOR SCHOOL OPERATING PURPOSES UP TO THE CONSTITUTIONAL DEBT LIMIT OF THE RESPECTIVE DISTRICTS FOR SCHOOL OPERATING PURPOSES, TO PROVIDE CONDITIONS UNDER WHICH THE BONDS MAY BE ISSUED AND THE PURPOSES FOR WHICH THE PROCEEDS MAY BE EXPENDED, AND TO MAKE PROVISION FOR THE PAYMENT OF BONDS.

SENT TO THE SENATE

The following Bill was taken up, read the third time, and ordered sent to the Senate:

H. 4839 (Word version) -- Rep. J. E. Smith: A BILL TO AMEND SECTION 12-37-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO


Printed Page 4997 . . . . . Thursday, May 27, 2010

CLARIFY THAT THE PROPERTY TAX EXEMPTION FOR RECIPIENTS OF THE MEDAL OF HONOR AND PRISONERS OF WAR IN CERTAIN CONFLICTS APPLIES TO MEDAL OF HONOR RECIPIENTS REGARDLESS OF WHEN THE MEDAL OF HONOR WAS AWARDED OR THE CONFLICT INVOLVED.

S. 981--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

S. 981 (Word version) -- Senators Rose and Knotts: A BILL TO AMEND SECTION 63-3-530, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JURISDICTION OF THE FAMILY COURT, INCLUDING JURISDICTION TO ORDER VISITATION FOR GRANDPARENTS, SO AS TO PROVIDE THAT THE COURT MAY ORDER GRANDPARENT VISITATION IF THE COURT FINDS THAT THE CHILD'S PARENTS ARE DEPRIVING THE GRANDPARENT VISITATION WITH THE CHILD AND THAT THE PARENTS ARE UNFIT OR THAT THERE ARE COMPELLING CIRCUMSTANCES TO OVERCOME THE PRESUMPTION THAT THE PARENTAL DECISION IS IN THE CHILD'S BEST INTEREST.

Rep. BANNISTER proposed the following Amendment No. 1 (COUNCIL\NBD\12429AC10), which was adopted:
Amend the bill, as and if amended, Section 63-3-530(A) on page 2, line 1 before /depriving/ by inserting /unreasonably/; and on line 2 after /and/ by inserting /that awarding grandparent visitation would not interfere with the parent-child relationship and/.
Renumber sections to conform.
Amend title to conform.

Rep. BANNISTER explained the amendment.
The amendment was then adopted.

Rep. DANING explained the Bill.

Rep. M. A. PITTS demanded the yeas and nays which were taken, resulting as follows:

Yeas 96; Nays 0


Printed Page 4998 . . . . . Thursday, May 27, 2010

Those who voted in the affirmative are:

Allen                  Anderson               Anthony
Bales                  Ballentine             Bannister
Barfield               Battle                 Bedingfield
Bingham                Bowen                  Bowers
Brady                  Brantley               G. A. Brown
H. B. Brown            Cato                   Chalk
Clemmons               Clyburn                Cobb-Hunter
Cooper                 Crawford               Daning
Delleney               Dillard                Duncan
Erickson               Forrester              Frye
Funderburk             Gambrell               Gilliard
Gunn                   Hamilton               Hardwick
Harrell                Harrison               Harvin
Hearn                  Herbkersman            Hodges
Hosey                  Huggins                Hutto
Jefferson              Jennings               Kelly
King                   Knight                 Limehouse
Littlejohn             Loftis                 Long
Lowe                   Lucas                  Mack
McEachern              Merrill                Miller
Millwood               D. C. Moss             V. S. Moss
Nanney                 J. H. Neal             J. M. Neal
Norman                 Ott                    Owens
Parker                 Parks                  Pinson
M. A. Pitts            Rice                   Sandifer
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                   Whipper                Whitmire
Williams               Wylie                  T. R. Young

Total--96


Printed Page 4999 . . . . . Thursday, May 27, 2010

Those who voted in the negative are:

Total--0

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

S. 981--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. LITTLEJOHN, with unanimous consent, it was ordered that S. 981 (Word version) be read the third time tomorrow.

SPEAKER PRO TEMPORE IN CHAIR

S. 1054--DEBATE ADJOURNED

Rep. CRAWFORD moved to adjourn debate upon the following Bill until Tuesday, June 1, which was adopted:

S. 1054 (Word version) -- Senators Pinckney, Malloy, Matthews, Anderson and Nicholson: A BILL TO AMEND CHAPTER 1, TITLE 4 OF THE 1976 CODE, RELATING TO EXTRAORDINARY COMMERCIAL FACILITIES, BY ADDING SECTION 4-1-180 TO ALLOW COUNTIES THAT CREATE A MULTICOUNTY BUSINESS PARK TO DESIGNATE A PORTION OR ALL OF THAT PARK AS A DESIGNATED ECONOMIC DEVELOPMENT SITE FOR EXTRAORDINARY COMMERCIAL FACILITIES.

S. 484--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

S. 484 (Word version) -- Senators Sheheen and Ford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-68-95 SO AS TO PROVIDE DE MINIMIS OPERATIONS LICENSURE REQUIREMENTS FOR NONRESIDENT PROFESSIONAL EMPLOYER ORGANIZATIONS AND GROUPS; TO AMEND SECTION 40-68-30, AS AMENDED, RELATING TO LICENSURE REQUIREMENTS FOR PROFESSIONAL EMPLOYER ORGANIZATIONS, SO AS TO INCREASE APPLICATION FEES AND TO REQUIRE AN APPLICATION FEE FOR EACH COMPANY IN A PROFESSIONAL EMPLOYER ORGANIZATION GROUP; TO AMEND SECTION 40-68-40, AS AMENDED, RELATING TO


Printed Page 5000 . . . . . Thursday, May 27, 2010

QUALIFICATIONS TO BE LICENSED AS A PROFESSIONAL EMPLOYER ORGANIZATION AND QUALIFICATIONS TO SERVE AS A CONTROLLING PERSON OF A LICENSEE, SO AS TO DELETE A PROVISION AUTHORIZING ISSUANCE OF A NONRESIDENT RESTRICTED LICENSE WITHOUT THE REQUISITE TWO YEARS EXPERIENCE, TO MAKE TECHNICAL CORRECTIONS, AND TO DELETE OBSOLETE LANGUAGE; TO AMEND SECTION 40-68-45, RELATING TO CONTINUING EDUCATION, SO AS TO PROVIDE THAT THE HOLDER OF A DE MINIMIS OPERATIONS LICENSE IS NOT REQUIRED TO TAKE CONTINUING EDUCATION, TO REVISE THE DEFINITION OF "KEY PERSONNEL" FOR CERTAIN PURPOSES, AND TO DELETE OBSOLETE LANGUAGE; TO AMEND SECTION 40-68-50, AS AMENDED, RELATING TO LICENSURE AND RENEWAL FEES, SO AS TO REVISE INITIAL AND RENEWAL LICENSE FEES, TO DELETE NONRESIDINT PROFESSIONAL EMPLOYER ORGANIZATION LICENSE AND RENEWAL LICENSE FEES, AND TO DELETE PROVISIONS STATING MAXIMUM LICENSURE FEES; TO AMEND SECTION 40-68-90, AS AMENDED, RELATING TO RESTRICTED LICENSURE OF NONRESIDENT COMPANIES AND GROUPS, SO AS TO REVISE THE REQUIREMENTS FOR A RESTRICTED LICENSE AND TO AUTHORIZE THE DEPARTMENT OF CONSUMER AFFAIRS TO WAIVE THE AUDITED FINANCIAL STATEMENT REQUIREMENT FOR SUCH APPLICANTS; TO AMEND SECTION 40-68-100, AS AMENDED, RELATING TO ISSUANCE AND VALIDITY OF LICENSES, SO AS TO CLARIFY THE INITIAL LICENSURE PERIOD; TO AMEND SECTION 40-68-120, AS AMENDED, RELATING TO REQUIREMENTS FOR VARIOUS BENEFIT PROGRAMS FOR LICENSEES, INCLUDING WORKERS' COMPENSATION PLANS AND HEALTH BENEFIT PLANS, SO AS TO REQUIRE BOTH PLANS TO BE LICENSED WITH THE DEPARTMENT OF INSURANCE; TO AMEND SECTION 40-68-140, AS AMENDED, RELATING TO REQUIREMENTS FOR LICENSEE NAME AND LOCATION CHANGES, SO AS TO ALSO REQUIRE A LICENSEE TO PROVIDE THE DEPARTMENT WITH OTHER CHANGES IN STATUS AS MAY BE REQUIRED; TO AMEND SECTION 40-68-160, AS AMENDED, RELATING TO GROUNDS FOR DISCIPLINARY ACTION AND DISCIPLINARY PROCEDURES, SO AS TO FURTHER SPECIFY PROCEDURES FOR PURSUING A


Printed Page 5001 . . . . . Thursday, May 27, 2010

CONTESTED CASE; TO AMEND SECTION 40-68-165, AS AMENDED, RELATING TO THE DEPARTMENT OF CONSUMER AFFAIRS OR THE ATTORNEY GENERAL ENFORCING THIS CHAPTER BY FILING AN ACTION IN THE CIRCUIT COURT, SO AS TO ALSO AUTHORIZE FILING AN ACTION IN THE ADMINISTRATIVE LAW COURT; AND TO AMEND SECTION 12-54-240, AS AMENDED, RELATING TO THE PROHIBITION AGAINST DISCLOSING RECORDS OF AND RETURNS FILED WITH THE DEPARTMENT OF REVENUE AND EXCEPTIONS TO THIS PROHIBITION, SO AS TO INCLUDE IN THIS EXCEPTION THE DISCLOSURE OF INFORMATION RELATED TO PAYROLL WITHHOLDING TAXES TO THE DEPARTMENT OF CONSUMER AFFAIRS IN CONJUNCTION WITH THE DEPARTMENT LICENSING AND REGULATION OF PROFESSIONAL EMPLOYER ORGANIZATIONS.

The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (COUNCIL\NBD\12403AC10), which was adopted:
Amend the bill, as and if amended, Section 40-68-50(A)(2)(b) on page 6, line 19, by deleting /three four/ and inserting /three/. So when amended Section 40-68-50(A)(2)(b) reads:
/(b)   three thousand five hundred dollars for each resident professional employer organization group;/
Renumber sections to conform.
Amend title to conform.

Rep. HUGGINS explained the amendment.
The amendment was then adopted.

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

S. 484--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. SANDIFER, with unanimous consent, it was ordered that S. 484 (Word version) be read the third time tomorrow.


Printed Page 5002 . . . . . Thursday, May 27, 2010

S. 1148--POINT OF ORDER

The following Bill was taken up:

S. 1148 (Word version) -- Senator Cleary: A BILL TO AMEND CHAPTER 65, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSURE AND REGULATION OF PROFESSIONAL SOIL CLASSIFIERS, SO AS TO CONFORM THIS CHAPTER TO THE ORGANIZATIONAL STATUTORY FRAMEWORK ESTABLISHED FOR PROFESSIONS AND OCCUPATIONS UNDER THE ADMINISTRATION OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION; TO PROVIDE THAT PERSONS ENGAGING IN PROFESSIONAL SOIL CLASSIFICATION MUST BE LICENSED, RATHER THAN REGISTERED; TO REVISE QUALIFICATIONS FOR LICENSURE; TO PROVIDE GRANDFATHERING PROVISIONS FOR REGISTERED PROFESSIONAL SOIL CLASSIFIERS TO BECOME LICENSED PROFESSIONAL SOIL CLASSIFIERS UPON THE NEXT RENEWAL OF THE PERSON'S REGISTRATION; AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF PROFESSIONAL SOIL CLASSIFIERS.

POINT OF ORDER

Rep. HUGGINS 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.

H. 3161--MOTION TO RECONSIDER TABLED

The motion of Rep. HAMILTON to reconsider the vote whereby the Veto on R. 192, H. 3161 (Word version) was sustained was taken up.

Rep. CRAWFORD moved to table the motion to reconsider.

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

Yeas 63; Nays 41

Those who voted in the affirmative are:

Alexander              Allison                Anderson
Anthony                Bales                  Ballentine

Printed Page 5003 . . . . . Thursday, May 27, 2010

Bedingfield            Bowen                  Brady
Brantley               Cato                   Clyburn
Cobb-Hunter            Cole                   Crawford
Daning                 Delleney               Dillard
Duncan                 Erickson               Forrester
Frye                   Gilliard               Gunn
Hodges                 Hosey                  Howard
Huggins                Jefferson              Kelly
Kennedy                King                   Kirsh
Knight                 Limehouse              Long
Lowe                   Lucas                  Mack
McEachern              McLeod                 Merrill
Millwood               Nanney                 J. H. Neal
J. M. Neal             Norman                 Ott
Parker                 Parks                  Rice
Sandifer               Simrill                G. R. Smith
Sottile                Stewart                Thompson
Toole                  Vick                   Whitmire
Williams               Wylie                  T. R. Young

Total--63

Those who voted in the negative are:

Allen                  Bannister              Barfield
Battle                 Bingham                Branham
H. B. Brown            Chalk                  Clemmons
Cooper                 Edge                   Funderburk
Gambrell               Hamilton               Hardwick
Harrell                Harrison               Harvin
Hearn                  Herbkersman            Horne
Jennings               Littlejohn             Loftis
Miller                 D. C. Moss             V. S. Moss
Owens                  Pinson                 M. A. Pitts
Skelton                D. C. Smith            J. E. Smith
J. R. Smith            Spires                 Stavrinakis

Printed Page 5004 . . . . . Thursday, May 27, 2010

Stringer               Umphlett               Weeks
Whipper                A. D. Young

Total--41

So, the motion to reconsider was tabled.

RECORD FOR VOTING

Having been out of the Chamber at the time the vote was taken, I would have voted to table the motion to reconsider H. 3161.

Rep. Brian White

S. 950--RECALLED FROM COMMITTEE ON
WAYS AND MEANS

On motion of Rep. EDGE, with unanimous consent, the following Bill was ordered recalled from the Committee on Ways and Means:

S. 950 (Word version) -- Senator Elliott: A BILL TO AMEND SECTIONS 5-37-20, 5-37-35, 5-37-40, AS AMENDED, 5-37-50, AS AMENDED, AND 5-37-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, ALL RELATING TO THE MUNICIPAL IMPROVEMENT DISTRICT ACT, SO AS TO CLARIFY THAT AN EASEMENT FOR MAINTENANCE IN CHANNELS, CANALS, OR WATERWAYS IS SUFFICIENT PROPERTY INTEREST TO PROCEED WITH AN ASSESSED DISTRICT; TO AUTHORIZE SOME PORTION OF THE BONDS ISSUED TO FUND ASSESSMENTS MAY BE BACKED BY THE TAXING POWER OF A MUNICIPALITY; AND TO PROVIDE AN EXCEPTION OF AN OWNER OF RESIDENTIAL PROPERTY TO BE REQUIRED TO CONSENT TO INCLUSION IN AN IMPROVEMENT DISTRICT WHEN THE SOLE IMPROVEMENTS ARE THE WIDENING AND DREDGING OF CANALS.

S. 1234--RECALLED FROM COMMITTEE ON JUDICIARY

On motion of Rep. HARRISON, with unanimous consent, the following Bill was ordered recalled from the Committee on Judiciary:

S. 1234 (Word version) -- Senator Fair: A BILL TO ESTABLISH A STUDY COMMITTEE TO STUDY AND DEVELOP A PLAN TO CONSOLIDATE THE FUNCTIONS OF THE DEPARTMENT OF CORRECTIONS AND THE DEPARTMENT OF PROBATION,


Printed Page 5005 . . . . . Thursday, May 27, 2010

PAROLE AND PARDON SERVICES, TO PROVIDE FOR THE STUDY COMMITTEE'S MEMBERSHIP, AND TO PROVIDE FOR THE STUDY COMMITTEE'S DUTIES AND RESPONSIBILITIES.

OBJECTION TO RECALL

Rep. HARRISON asked unanimous consent to recall S. 223 (Word version) from the Committee on Judiciary.
Rep. DELLENEY objected.

SPEAKER IN CHAIR

Further proceedings were interrupted by the Joint Assembly.

JOINT ASSEMBLY

At 11:00 a.m. the Senate appeared in the Hall of the House. The President of the Senate called the Joint Assembly to order and announced that it had convened under the terms of a Concurrent Resolution adopted by both Houses.

The Reading Clerk of the House read the following Concurrent Resolution:

S. 1455 (Word version) -- Senator Knotts: A CONCURRENT RESOLUTION TO FIX THURSDAY, MAY 27, 2010, AT 11:00 A.M. AS THE DATE AND TIME FOR THE HOUSE OF REPRESENTATIVES AND THE SENATE TO MEET IN JOINT SESSION IN THE HALL OF THE HOUSE OF REPRESENTATIVES FOR THE PURPOSE OF ELECTING A MEMBER OF THE BOARD OF TRUSTEES FOR THE UNIVERSITY OF SOUTH CAROLINA FROM THE 11TH JUDICIAL CIRCUIT TO SUCCEED A MEMBER WHOSE TERM EXPIRES IN 2010 OR WHOSE POSITION OTHERWISE MUST BE FILLED; AND TO ESTABLISH A PROCEDURE REGARDING NOMINATIONS AND SECONDING SPEECHES FOR THE CANDIDATES FOR THIS OFFICE DURING THE JOINT SESSION.

The PRESIDENT of the Senate recognized Senator Jakie Knotts, on behalf of the Screening Committee for the State Colleges and Universities Boards of Trustees.


Printed Page 5006 . . . . . Thursday, May 27, 2010

UNIVERSITY OF SOUTH CAROLINA

ELEVENTH JUDICIAL CIRCUIT

The PRESIDENT announced that nominations were in order for the Eleventh Judicial Circuit.

Senator Knotts, on behalf of the Joint Screening Committee, stated that Mr. Brad Covar, Mr. Bill Dukes, Mr. Hugh Rogers, and Mr. Thad Westbrook had been screened and found qualified.

Senator Knotts stated that Mr. Hugh Rogers and Mr. Brad Covar had withdrawn from the race, and placed the name of the remaining candidates, Mr. Bill Dukes and Mr. Thad Westbrook in nomination.

The Reading Clerk of the Senate called the roll of the Senate, and the Senators voted viva voce as their names were called.

The following named Senators voted for Dukes:

Bryant                 Cleary                 Coleman
Courson                Cromer                 Ford
Grooms                 Hayes                  Martin, Larry
Nicholson              O'Dell                 Peeler
Reese                  Rose                   Scott
Shoopman               Williams

Total--17

The following named Senators voted for Westbrook:

Alexander              Bright                 Campsen
Davis                  Fair                   Jackson
Knotts                 Land                   Leatherman
Lourie                 Matthews               McConnell
McGill                 Mulvaney               Pinckney
Rankin                 Ryberg                 Setzler
Thomas                 Verdin

Total--20

On motion of Senator Knotts, with unanimous consent, the members of the House voted by electronic roll call.


Printed Page 5007 . . . . . Thursday, May 27, 2010

The following named Representatives voted for Dukes:

Agnew                  Allison                Anthony
Bales                  Ballentine             Bedingfield
Bowers                 Brady                  Brantley
Clyburn                Cobb-Hunter            Daning
Duncan                 Frye                   Gambrell
Gunn                   Harvin                 Hiott
Howard                 Huggins                King
Kirsh                  Knight                 Limehouse
Littlejohn             Loftis                 Mack
McEachern              McLeod                 V. S. Moss
Nanney                 J. M. Neal             Neilson
Owens                  Parker                 Parks
Pinson                 M. A. Pitts            Rice
Rutherford             Sandifer               Skelton
D. C. Smith            G. R. Smith            Sottile
Stewart                Stringer               Whitmire
Wylie

Total--49

The following named Representatives voted for Westbrook:

Alexander              Allen                  Anderson
Bannister              Barfield               Battle
Bingham                Bowen                  Branham
G. A. Brown            H. B. Brown            Cato
Chalk                  Clemmons               Cole
Cooper                 Crawford               Delleney
Dillard                Erickson               Forrester
Funderburk             Govan                  Haley
Hamilton               Hardwick               Harrell
Hearn                  Herbkersman            Hodges
Horne                  Hosey                  Hutto
Jefferson              Jennings               Kelly
Kennedy                Long                   Lowe
Lucas                  Merrill                Miller
Millwood               Mitchell               D. C. Moss
J. H. Neal             Norman                 Ott
Sellers                Simrill                G. M. Smith
J. E. Smith            J. R. Smith            Spires
Stavrinakis            Thompson               Toole

Printed Page 5008 . . . . . Thursday, May 27, 2010

Umphlett               Vick                   Whipper
Williams               A. D. Young            T. R. Young

Total--63

RECAPITULATION

Total number of Senators voting   37
Total number of Representatives voting   112
Grand Total   149
Necessary to a choice   75
Of which Dukes received   66
Of which Westbrook received   83

Whereupon, the PRESIDENT announced that Mr. Thad Westbrook was duly elected for the term prescribed by law.

JOINT ASSEMBLY RECEDES

The purposes of the Joint Assembly having been accomplished, the PRESIDENT announced that under the terms of the Concurrent Resolution the Joint Assembly would recede from business.
The Senate accordingly retired to its Chamber.

THE HOUSE RESUMES

At 11:20 a.m. the House resumed, the SPEAKER in the Chair.

LEAVE OF ABSENCE

The SPEAKER granted Rep. DUNCAN a leave of absence for the remainder of the day.

RETURNED TO THE SENATE WITH AMENDMENTS

The following Bills were taken up, read the third time, and ordered returned to the Senate with amendments:

S. 1051 (Word version) -- Senator Davis: A BILL TO AMEND SECTION 48-39-290, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RESTRICTIONS, EXCEPTIONS, AND SPECIAL PERMITS CONCERNING CONSTRUCTION AND RECONSTRUCTION SEAWARD OF THE BASELINE OR BETWEEN THE BASELINE AND THE SET BACK LINE, SO AS TO REVISE THE DESCRIPTION OF A PRIVATE ISLAND WITH AN ATLANTIC


Printed Page 5009 . . . . . Thursday, May 27, 2010

SHORELINE THAT IS EXEMPT FROM THE PROVISIONS OF THIS SECTION AND THE FORTY-YEAR RETREAT POLICY.

S. 288 (Word version) -- Senator L. Martin: A BILL TO AMEND CHAPTER 1, TITLE 56 OF THE 1976 CODE, BY ADDING SECTION 56-1-146 TO PROVIDE THAT A PERSON WHO IS CONVICTED OF A VIOLENT CRIME MUST SURRENDER HIS DRIVER'S LICENSE OR SPECIAL IDENTIFICATION CARD TO THE COURT WHICH MUST TRANSMIT IT TO THE DEPARTMENT OF MOTOR VEHICLES TOGETHER WITH NOTICE OF THE CRIME AND TO PROVIDE THAT THE DRIVER'S LICENSE OR SPECIAL IDENTIFICATION CARD IS CONSIDERED REVOKED AND MUST NOT BE RETURNED TO THE PERSON UNDER CERTAIN CIRCUMSTANCES; BY ADDING 56-1-148 TO PROVIDE THAT A PERSON CONVICTED OF A VIOLENT CRIME MUST HAVE A SPECIAL CODE AFFIXED TO THE REVERSE SIDE OF HIS DRIVER'S LICENSE OR SPECIAL IDENTIFICATION CARD THAT IDENTIFIES THE PERSON AS HAVING BEEN CONVICTED OF A VIOLENT CRIME, TO PROVIDE A FEE TO BE CHARGED FOR AFFIXING THE CODE AND FOR ITS DISTRIBUTION, AND TO PROVIDE A PROCESS FOR REMOVING THE CODE; TO AMEND SECTION 56-1-80, RELATING TO THE CONTENTS OF A DRIVER'S LICENSE APPLICATION, TO PROVIDE THAT THE APPLICATION MUST CONTAIN A STATEMENT TO DETERMINE WHETHER THE APPLICANT HAS BEEN CONVICTED OF A VIOLENT CRIME; AND TO AMEND SECTION 56-1-3350, RELATING TO THE ISSUANCE OF A SPECIAL IDENTIFICATION CARD BY THE DEPARTMENT OF MOTOR VEHICLES, TO PROVIDE THAT THE APPLICATION FOR A SPECIAL IDENTIFICATION CARD MUST CONTAIN A STATEMENT TO DETERMINE WHETHER THE APPLICANT HAS BEEN CONVICTED OF A VIOLENT CRIME.

S. 1120 (Word version) -- Senators Lourie, Pinckney, Williams, Leventis, Anderson, Land and Sheheen: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-1360 SO AS TO PROHIBIT HEALTH CARE PROVIDERS FROM ENGAGING IN DEBT COLLECTION ACTIVITIES RELATING TO MEDICAL TREATMENT RECEIVED IN CONNECTION WITH A CLAIM FOR COMPENSATION OF A VICTIM OF CRIME UNTIL AN AWARD IS MADE OR A CLAIM IS DENIED AND TO STAY


Printed Page 5010 . . . . . Thursday, May 27, 2010

THE STATUTE OF LIMITATIONS FOR THE COLLECTION OF THIS DEBT UNDER CERTAIN CIRCUMSTANCES.

S. 2--RETURNED TO THE SENATE WITH AMENDMENTS

The following Bill was taken up:

S. 2 (Word version) -- Senators McConnell, Peeler, Leatherman, Sheheen, Rose, Courson, Elliott, Massey, Hayes, Davis, Bright, L. Martin and Rankin: A BILL TO AMEND SECTION 11-11-410, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO IMPLEMENTATION OF THE LIMIT ON STATE SPENDING IMPOSED PURSUANT TO SECTION 7(C), ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, SO AS TO REVISE THIS LIMIT BY IMPOSING AN ANNUAL LIMIT ON THE APPROPRIATION OF STATE GENERAL FUND REVENUES BY ADJUSTING SUCH REVENUES BY A ROLLING TEN-YEAR AVERAGE IN ANNUAL CHANGES IN GENERAL FUND REVENUES AND THE CREATION OF A SEPARATE BUDGET STABILIZATION FUND IN THE STATE TREASURY TO WHICH MUST BE CREDITED ALL GENERAL FUND REVENUES IN EXCESS OF THE ANNUAL LIMIT, THE REVENUES OF WHICH MUCH FIRST BE USED TO STABILIZE GENERAL FUND REVENUES AVAILABLE FOR APPROPRIATION, TO DEFINE EMERGENCIES AND TO PROVIDE FOR SUSPENSION OF THIS APPROPRIATIONS LIMIT IN EMERGENCIES, TO PROVIDE THAT A CASH BALANCE IN THE BUDGET STABILIZATION FUND IN EXCESS OF FIFTEEN PERCENT OF GENERAL FUND REVENUES OF THE MOST RECENT COMPLETED FISCAL YEAR MAY BE APPROPRIATED IN SEPARATE LEGISLATION FOR VARIOUS NONRECURRING PURPOSES, AND TO DEFINE SURPLUS GENERAL FUND REVENUES.

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

Yeas 75; Nays 31

Those who voted in the affirmative are:

Allison                Anthony                Ballentine
Bannister              Barfield               Battle
Bedingfield            Bingham                Brady
H. B. Brown            Cato                   Chalk

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Clemmons               Clyburn                Cole
Cooper                 Crawford               Daning
Delleney               Edge                   Forrester
Frye                   Gambrell               Haley
Hamilton               Hardwick               Harrell
Harrison               Harvin                 Hearn
Herbkersman            Hiott                  Horne
Huggins                Hutto                  Jennings
Kelly                  Limehouse              Littlejohn
Loftis                 Long                   Lowe
Lucas                  Merrill                Miller
Millwood               D. C. Moss             V. S. Moss
Nanney                 J. M. Neal             Neilson
Norman                 Owens                  Parker
Pinson                 M. A. Pitts            Rice
Sandifer               Simrill                D. C. Smith
G. M. Smith            J. E. Smith            J. R. Smith
Sottile                Spires                 Stavrinakis
Stewart                Stringer               Thompson
Toole                  Umphlett               Whitmire
Wylie                  A. D. Young            T. R. Young

Total--75

Those who voted in the negative are:

Agnew                  Allen                  Anderson
Bales                  Bowers                 Branham
Brantley               G. A. Brown            Cobb-Hunter
Dillard                Funderburk             Gilliard
Govan                  Gunn                   Hodges
Hosey                  Jefferson              King
Kirsh                  Knight                 Mack
McEachern              J. H. Neal             Ott
Parks                  Rutherford             Sellers
Skelton                Weeks                  Whipper
Williams

Total--31

The Bill was read the third time and ordered returned to the Senate with amendments.


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RECURRENCE TO THE MORNING HOUR

Rep. LIMEHOUSE moved that the House recur to the Morning Hour, which was agreed to.

CONCURRENT RESOLUTION

The following was introduced:

H. 5043 (Word version) -- Reps. Limehouse, 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, 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 CALLING UPON THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL AND THE DEPARTMENT OF NATURAL RESOURCES, IN COORDINATION WITH THE GOVERNOR, TO IMMEDIATELY BEGIN DEVELOPING A CONTINGENCY PLAN IN THE EVENT THE OIL LEAKING FROM THE DEEPWATER HORIZON IN THE GULF OF MEXICO IS SWEPT BY CURRENTS UP THE SOUTHEASTERN SEABOARD; IN DEVELOPING THIS PLAN THEY SHOULD ASSESS THE ACTIONS BEING TAKEN TO COMBAT THIS CRISIS AND DETERMINE WHAT SOLUTIONS ARE SUCCESSFUL AND WHAT ARE NOT AND IDENTIFY THE


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BEST PRACTICES AVAILABLE TO ADDRESS THIS PROBLEM AND THE RESOURCES NECESSARY TO CARRY OUT THIS PLAN.

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

HOUSE RESOLUTION

The following was introduced:

H. 5044 (Word version) -- Reps. Gilliard, Hosey, Mack and Whipper: A HOUSE RESOLUTION TO RECOGNIZE AND HONOR THE WORLD WAR II VETERANS OF NORTH CHARLESTON'S MT. MORIAH MISSIONARY BAPTIST CHURCH UPON THE OCCASION OF MEMORIAL DAY, MAY 31, 2010, AND TO THANK THEM FOR THEIR SACRIFICIAL SERVICE IN THE GREAT CAUSE OF FREEDOM.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 5045 (Word version) -- Reps. Neilson, Williams and Lucas: A HOUSE RESOLUTION TO HONOR AND RECOGNIZE PASTOR WILLIAM "CALVIN" DANIELS OF DARLINGTON COUNTY FOR HIS FAITHFUL SERVICE TO NEW HOPEWELL MISSIONARY BAPTIST CHURCH.

The Resolution was adopted.

CONCURRENT RESOLUTION

The following was introduced:

H. 5046 (Word version) -- Reps. Huggins, Ballentine, McLeod, Agnew, Alexander, Allen, Allison, Anderson, Anthony, Bales, 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,


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Harrison, Hart, Harvin, Hayes, Hearn, Herbkersman, Hiott, Hodges, Horne, Hosey, Howard, Hutto, Jefferson, Jennings, Kelly, Kennedy, King, Kirsh, Knight, Limehouse, Littlejohn, Loftis, Long, Lowe, Lucas, Mack, McEachern, 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 MR. MICHAEL SATTERFIELD, PRINCIPAL OF CHAPIN HIGH SCHOOL, FOR HIS MANY YEARS OF DEDICATED SERVICE AS AN EDUCATOR, AND TO EXTEND BEST WISHES FOR MUCH CONTINUED SUCCESS AND HAPPINESS AS HE LEAVES CHAPIN TO TAKE ON NEW DUTIES.

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

INTRODUCTION OF BILL

The following Bill was introduced, read the first time, and referred to appropriate committee:

H. 5047 (Word version) -- Reps. Parks, M. A. Pitts and Pinson: A BILL TO VEST TITLE IN GREENWOOD COUNTY OF CERTAIN PROPERTY FORMERLY BELONGING TO THE GREENWOOD RECREATION COMMISSION WHICH WAS CREATED BY ACT 338 OF 1949 AND DISSOLVED BY ACT 1352 OF 1968, AND TO DIRECT THE CLERK OF COURT FOR GREENWOOD COUNTY TO EXECUTE DEEDS OF CONVEYANCE ON BEHALF OF THE GREENWOOD RECREATION COMMISSION.

On motion of Rep. PARKS, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

Rep. M. A. PITTS moved that the House do now adjourn, which was agreed to.


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RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 5001 (Word version) -- Reps. Limehouse, Harrell, 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, Harrison, Hart, Harvin, Hayes, Hearn, Herbkersman, Hiott, Hodges, Horne, Hosey, Howard, Huggins, Hutto, Jefferson, Jennings, Kelly, Kennedy, King, Kirsh, Knight, 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 DECLARING THE WEEK OF SEPTEMBER 27 THROUGH OCTOBER 3, 2010, "SOUTH CAROLINA MEDAL OF HONOR WEEK" AND CALLING UPON SOUTH CAROLINIANS TO PARTICIPATE IN PROGRAMS THAT WEEK PAYING TRIBUTE TO RECIPIENTS OF THE MEDAL OF HONOR AND TO REFLECT ON THE SERVICE AND SACRIFICE OF MEDAL OF HONOR RECIPIENTS AND ALL MEMBERS OF THE ARMED FORCES IN EVERY GENERATION.

ADJOURNMENT

At 11:26 a.m. the House, in accordance with the motion of Rep. CHALK, adjourned in memory of Rickey Eugene McElroy, Jr. of Hilton Head Island, to meet at 10:00 a.m. tomorrow.

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