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 Jeremiah 1:19: "They will fight against you; but they shall not prevail against you, for I am with you, says the Lord, to deliver you."
Let us pray. Faithful God, help us to know that You are always beside us, no matter what trials we face. Journey with us and give these Representatives and staff strength, wisdom, courage, and integrity, to cheerfully take on their challenges and responsibilities. By Your hand, direct these people through all the deliberations of this day. We ask for Your blessings on our Nation, President, State, Governor, Speaker, and all who labor in these Halls of Government. Protect our defenders of freedom at home and abroad as they protect us. Hear us, O Lord. Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.
Rep. T. R. YOUNG moved that when the House adjourns, it adjourn in memory of former State Treasurer Grady L. Patterson, Jr., which was agreed to.
The House stood in silent prayer for the people of Haiti whose lives have been affected by a devastating earthquake.
The following were received and referred to the appropriate committee for consideration:
Document No. 4097
Agency: Department of Insurance
Statutory Authority: 1976 Code Sections 1-23-10 et seq., 38-3-110(2) and 38-43-106
Continuing Insurance Education
Received by Speaker of the House of Representatives January 12, 2010
Referred to Labor, Commerce and Industry Committee
Legislative Review Expiration May 12, 2010
Document No. 4098
Agency: Department of Insurance
Statutory Authority: 1976 Code Sections 38-3-110, 38-13-80, 38-90-150 and
38-90-630
Annual Audited Financial Reporting Regulation
Received by Speaker of the House of Representatives
January 12, 2010
Referred to Labor, Commerce and Industry Committee
Legislative Review Expiration May 12, 2010
Document No. 4099
Agency: Department of Insurance
Statutory Authority: 1976 Code Sections 1-23-10 et seq., 38-2-10, 38-3-110(2),
38-39-60, 38-43-80, 38-43-130, 38-45-50, 38-47-40, 38-48-160, 38-49-20, 38-53-20, 38-70-50 and 38-78-110
Dates for Payment of Annual License Fees/Appointment Fees for Insurance Agents, Brokers, Adjusters, Agencies, and Motor Vehicle Damage Appraisers
Received by Speaker of the House of Representatives
January 12, 2010
Referred to Labor, Commerce and Industry Committee
Legislative Review Expiration May 12, 2010
Rep. KIRSH, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:
H. 4242 (Word version) -- Reps. Limehouse, Brady, Long and Wylie: A CONCURRENT RESOLUTION DECLARING WEDNESDAY, JANUARY 20, 2010, "SOUTH CAROLINA MEDAL OF HONOR DAY" AND CALLING UPON SOUTH CAROLINIANS TO ATTEND EVENTS SCHEDULED IN COLUMBIA THAT DAY AT
WHICH THE WOMEN OF SOUTH CAROLINA WILL SIGN A DECLARATION OF GRATITUDE FOR THE SERVICE AND SACRIFICES OF THE HOLDERS OF THE MEDAL OF HONOR AND AT WHICH WILL BE HONORED AND RECOGNIZED LIVING SOUTH CAROLINA HOLDERS OF THE MEDAL OF HONOR.
Ordered for consideration tomorrow.
Rep. KIRSH, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:
H. 4253 (Word version) -- Reps. Scott, Long and Wylie: A CONCURRENT RESOLUTION TO URGE THE DEPARTMENT OF COMMERCE TO DEVELOP AND IMPLEMENT AN INDUSTRIAL AND MANUFACTURER SUPPLIER RECRUITMENT INITIATIVE THAT EMPHASIZES SOUTH CAROLINA'S RIGHT TO WORK STATUS TO ATTRACT BUSINESSES THAT SUPPLY MANUFACTURING OPERATIONS THAT MOVE TO SOUTH CAROLINA.
Ordered for consideration tomorrow.
The following was introduced:
H. 4293 (Word version) -- Reps. Delleney, Clemmons and Mack: A CONCURRENT RESOLUTION TO FIX NOON ON WEDNESDAY, FEBRUARY 3, 2010, AS THE TIME TO ELECT A SUCCESSOR TO A CERTAIN JUSTICE OF THE SUPREME COURT, SEAT 5, WHOSE TERM EXPIRES JULY 31, 2010; TO ELECT A SUCCESSOR TO A CERTAIN CHIEF JUDGE OF THE COURT OF APPEALS, SEAT 5, TO FILL THE UNEXPIRED TERM THAT EXPIRES JUNE 30, 2015; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT FOR THE FIRST JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 2010; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT FOR THE SECOND JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 2010; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT FOR THE THIRD JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 2010; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT FOR THE FOURTH
JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 2010; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT FOR THE SIXTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 2010; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT FOR THE EIGHTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 2010, TO FILL THE SUBSEQUENT FULL TERM THAT EXPIRES JUNE 30, 2016; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT FOR THE THIRTEENTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 2010; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT FOR THE THIRTEENTH JUDICIAL CIRCUIT, SEAT 4, WHOSE TERM EXPIRES JUNE 30, 2010; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT FOR THE FIFTEENTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 2010; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT FOR THE SIXTEENTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 2010; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT FOR THE SIXTEENTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 2010; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT, AT LARGE, SEAT 8, TO FILL THE SUBSEQUENT FULL TERM THAT EXPIRES JUNE 30, 2015; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT FOR THE FIRST JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 2010; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT FOR THE FIRST JUDICIAL CIRCUIT, SEAT 3, WHOSE TERM EXPIRES JUNE 30, 2010; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT FOR THE SECOND JUDICIAL CIRCUIT, SEAT 1 TO FILL THE SUBSEQUENT FULL TERM THAT EXPIRES JUNE 30, 2016; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT FOR THE THIRD JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 2010; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT FOR THE FOURTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 2010; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT FOR THE FIFTH JUDICIAL CIRCUIT, SEAT 1, WHOSE
TERM EXPIRES JUNE 30, 2010; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT FOR THE FIFTH JUDICIAL CIRCUIT, SEAT 4, TO FILL THIS SUBSEQUENT FULL TERM THAT EXPIRES JUNE 30, 2016; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT FOR THE SEVENTH JUDICIAL CIRCUIT, SEAT 1, TO FILL THE SUBSEQUENT FULL TERM THAT EXPIRES JUNE 30, 2013; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT FOR THE SEVENTH JUDICIAL CIRCUIT, SEAT 3, TO FILL THE SUBSEQUENT FULL TERM THAT EXPIRES JUNE 30, 2016; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT FOR THE EIGHTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 2010; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT FOR THE NINTH JUDICIAL CIRCUIT, SEAT 3, WHOSE TERM EXPIRES JUNE 30, 2010; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT FOR THE NINTH JUDICIAL CIRCUIT, SEAT 6, WHOSE TERM EXPIRES JUNE 30, 2010; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT FOR THE TENTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 2010; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT FOR THE ELEVENTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 2010; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT FOR THE TWELFTH JUDICIAL CIRCUIT, SEAT 3, WHOSE TERM EXPIRES JUNE 30, 2010; TO ELECT A SUCCESSOR OF A CERTAIN JUDGE OF THE FAMILY COURT FOR THE THIRTEENTH JUDICIAL CIRCUIT, SEAT 2, TO FILL THE UNEXPIRED TERM THAT EXPIRES JUNE 30, 2013; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT FOR THE THIRTEENTH JUDICIAL CIRCUIT, SEAT 4, WHOSE TERM EXPIRES JUNE 30, 2010; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT FOR THE FOURTEENTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 2010; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT FOR THE FIFTEENTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 2010; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT FOR THE SIXTEENTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 2010; TO ELECT A SUCCESSOR TO THE
FAMILY COURT FOR THE SIXTEENTH JUDICIAL CIRCUIT, SEAT 2, TO FILL THE UNEXPIRED TERM THAT EXPIRES JUNE 30, 2013; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE ADMINISTRATIVE LAW COURT, SEAT 3, WHOSE TERM EXPIRES JUNE 30, 2010; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE ADMINISTRATIVE LAW COURT, SEAT 6, TO FILL THE UNEXPIRED TERM WHICH EXPIRES JUNE 30, 2011, AND THE SUBSEQUENT FULL TERM THAT EXPIRES JUNE 30, 2016.
Be it resolved by the House of Representative, the Senate concurring:
That the Senate and the House of Representatives shall meet in joint assembly in the Hall of the House of Representatives Wednesday, February 3, 2010, at Noon to elect a successor to the Honorable Donald W. Beatty, Justice of the Supreme Court, Seat 5, whose term expires July 31, 2010; to elect a successor to the Honorable Kaye G. Hearn, Chief Judge of the Court of Appeals, Seat 5, to fill the unexpired term that expires June 30, 2015; to elect a successor to the Honorable Diane Schafer Goodstein, Judge of the Circuit Court for the First Judicial Circuit, Seat 2, whose term expires June 30, 2010; to elect a successor to the Honorable Doyet A. Early III, Judge of the Circuit Court for the Second Judicial Circuit, Seat 1, whose term expires June 30, 2010; to elect a successor to the Honorable Ralph Ferrell Cothran, Jr., Judge of the Circuit Court for the Third Judicial Circuit, Seat 1, whose term expires June 30, 2010; to elect a successor to the Honorable Paul M. Burch, Judge of Circuit Court, for the Fourth Judicial Circuit, Seat 1, whose term expires June 30, 2010; to elect a successor to the Honorable Brooks P. Goldsmith, Judge of the Circuit Court for the Sixth Judicial Circuit, Seat 1, whose term expires June 30, 2010; to elect a successor to the late Honorable Wyatt T. Saunders, Jr., Judge of the Circuit Court for the Eighth Judicial Circuit, Seat 1, to fill the subsequent full term that expires June 30, 2016; to elect a successor to the Honorable G. Edward Welmaker, Judge of the Circuit Court for the Thirteenth Judicial Circuit, Seat 1, whose term expires June 30, 2010; to elect a successor to the Honorable D. Garrison Hill, Judge of the Circuit Court for the Thirteenth Judicial Circuit, Seat 4, whose term expires June 30, 2010; to elect a successor to the Honorable Steven H. John, Judge of the Circuit Court for the Fifteenth Judicial Circuit, Seat 1, whose term expires June 30, 2010; to elect a successor to the
Honorable John C. Hayes III, Judge of the Circuit Court for the Sixteenth Judicial Circuit, Seat 1, whose term expires June 30, 2010; to elect a successor to the Honorable Lee S. Alford, Judge of the Circuit Court for the Sixteenth Judicial Circuit, Seat 2, whose term expires June 30, 2010; to elect a successor to the Honorable Kenneth G. Goode, Judge of the Circuit Court, At Large, Seat 8, to fill the subsequent full term that expires June 30, 2015; to elect a successor to the Honorable William J. Wylie, Jr., Judge of the Family Court for the First Judicial Circuit, Seat 2, whose term expires June 30, 2010; to elect a successor to the Honorable Nancy Chapman McLin, Judge of the Family Court for the First Judicial Circuit, Seat 3, whose term expires June 30, 2010; to elect a successor to the Honorable Peter R. Nuessle, Judge of the Family Court for the Second Judicial Circuit, Seat 1, upon his retirement on or before June 30, 2010, whose term expires on June 30, 2010, and to fill the subsequent full term that expires June 30, 2016; to elect a successor to the Honorable George M. McFaddin, Jr., Judge of the Family Court for the Third Judicial Circuit, Seat 1, whose term expires June 30, 2010; to elect a successor to the Honorable Roger E. Henderson, Judge of the Family Court for the Fourth Judicial Circuit, Seat 1, whose term expires June 30, 2010; to elect a successor to the Honorable Dorothy Mobley Jones, Judge of the Family Court for the Fifth Judicial Circuit, Seat 1, whose term expires June 30, 2010; to elect a successor to the Honorable Donna S. Strom, Judge of the Fifth Judicial Circuit, Seat 4, upon Judge Strom's retirement on or before December 31, 2009, whose term expires on June 30, 2010, and to fill the subsequent full term that will expire June 30, 2016; to elect a successor to the Honorable Georgia V. Anderson, Judge of the Family Court for the Seventh Judicial Circuit, Seat 1, upon her retirement on or before June 30, 2010, and to fill the subsequent full term that expires June 30, 2013; to elect a successor to the Honorable Wesley L. Brown, Judge of the Family Court for the Seventh Judicial Circuit, Seat 3, upon his retirement on or before June 30, 2010, whose term expires on June 30, 2010, and to fill the subsequent full term that expires June 30, 2016; to elect a successor to the Honorable John M. Rucker, Judge of the Family Court for the Eighth Judicial Circuit, Seat 2, whose term expires June 30, 2010; to elect a successor to the Honorable Judy L. McMahon, Judge of the Family Court for the Ninth Judicial Circuit, Seat 3, whose term expires June 30, 2010; to elect a successor to the Honorable Jack A. Landis, Judge of the Family Court for the Ninth Judicial Circuit, Seat 6, whose term expires June 30, 2010; to elect a successor to the Honorable
Timothy M. Cain, Judge of the Family Court for the Tenth Judicial Circuit, Seat 2, whose term expires June 30, 2010; to elect a successor to the Honorable Kellum W. Allen, Judge of the Family Court for the Eleventh Judicial Circuit, Seat 1, whose term expires June 30, 2010; to elect a successor to the Honorable Jerry D. Vinson, Jr., Judge of the Family Court for the Twelfth Judicial Circuit, Seat 3, whose term expires June 30, 2010; to elect a successor to the Honorable R. Kinard Johnson, Jr., Judge of the Family Court for the Thirteenth Judicial Circuit, Seat 2, upon his retirement on or before June 1, 2010, and to fill the unexpired term that expires June 30, 2013; to elect a successor to the Honorable Alvin D. Johnson, Judge of the Family Court for the Thirteenth Judicial Circuit, Seat 4, whose term expires June 30, 2010; to elect a successor to the Honorable Peter L. Fuge, Judge of the Family Court for the Fourteenth Judicial Circuit, Seat 2, whose term expires June 30, 2010; to elect a successor to the Honorable Lisa A. Kinon, Judge of the Family Court for the Fifteenth Judicial Circuit, Seat 2, whose term expires June 30, 2010; to elect a successor to the Honorable Robert E. Guess, Judge of the Family Court for the Sixteenth Judicial Circuit, Seat 1, whose term expires June 30, 2010; to elect a successor to the Honorable Henry T. Woods, Judge of the Family Court for the Sixteenth Judicial Circuit, Seat 2, upon his retirement on or before March 31, 2010, and to fill the unexpired term which expires June 30, 2013; to elect a successor to the Honorable Carolyn C. Matthews, Judge of the Administrative Law Court, Seat 3, whose term expires June 30, 2010; to elect a successor to the Honorable Ralph King Anderson III, Judge of the Administrative Law Court, Seat 6, upon his election as Chief Judge of the Administrative Law Court, Seat 1, on May 13, 2009, and to fill the unexpired term that expires June 30, 2011 and the subsequent full term that expires June 30, 2016.
Be it further resolved that all nominations must be made by the Chairman of the Judicial Merit Selection Commission and that no further nominating or seconding speeches may be made by members of the General Assembly on behalf of any candidate.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4294 (Word version) -- Rep. Horne: A HOUSE RESOLUTION TO RECOGNIZE AND HONOR TAMIKA FELDER OF DORCHESTER COUNTY FOR HER EXTRAORDINARY EFFORTS IN SPREADING AWARENESS OF THE PREVALENCE OF CERVICAL CANCER, TO CONGRATULATE HER ON THE SUCCESS OF HER NONPROFIT, TAMIKA & FRIENDS, INC., AND TO WISH HER ALL THE BEST IN THE COMING YEARS.
The Resolution was adopted.
The following was introduced:
H. 4295 (Word version) -- Reps. Miller and Anderson: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR DWIGHT MCINVAILL OF GEORGETOWN COUNTY AND TO CONGRATULATE HIM UPON RECEIVING THE CARNEGIE CORPORATION OF NEW YORK/NEW YORK TIMES I LOVE MY LIBRARIAN AWARD.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
On motion of Rep. DUNCAN, with unanimous consent, the following was taken up for immediate consideration:
H. 4296 (Word version) -- Rep. Duncan: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE CLINTON HIGH SCHOOL FOOTBALL TEAM, COACHES, AND SCHOOL OFFICIALS, AT A DATE AND TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF BEING RECOGNIZED AND COMMENDED ON WINNING THE CLASS AAA FOOTBALL STATE CHAMPIONSHIP.
Be it resolved by the House of Representatives:
That the privilege of the floor of the South Carolina House of Representatives be extended to the Clinton High School Football Team, coaches, and school officials, at a date and time to be determined by the Speaker, for the purpose of being recognized and commended on winning the Class AAA Football State Championship.
The Resolution was adopted.
The following was introduced:
H. 4297 (Word version) -- Rep. Duncan: A HOUSE RESOLUTION TO RECOGNIZE AND COMMEND THE CLINTON HIGH SCHOOL FOOTBALL TEAM FOR ITS OUTSTANDING SEASON AND FOR CAPTURING THE 2009 CLASS AAA STATE CHAMPIONSHIP TITLE, AND TO HONOR THE TEAM'S EXCEPTIONAL PLAYERS, COACHES, AND STAFF.
The Resolution was adopted.
The Senate sent to the House the following:
S. 1015 (Word version) -- Senators Campbell, Campsen and Grooms: A CONCURRENT RESOLUTION CONGRATULATING THE WASSAMASAW TRIBE OF VARNERTOWN INDIANS OF SOUTH CAROLINA ON THE HIGHEST HONOR OF ITS RECOGNITION AS A "TRIBE" BY THE SOUTH CAROLINA COMMISSION FOR MINORITY AFFAIRS ON OCTOBER 9, 2009.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 1016 (Word version) -- Senator Knotts: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND THE LEXINGTON COUNTY GIRLS CLASSIC SOCCER TEAM, THE LCSC UNITED 92G WHITE, FOR ITS OUTSTANDING SEASON AND FOR CAPTURING THE PRESIDENTS MEDAL SOCCER LEAGUE
STATE CUP FOR THE U17 GIRLS CLASSIC DIVISION, AND TO HONOR THE TEAM'S EXCEPTIONAL PLAYERS AND COACHES.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 1017 (Word version) -- Senators Campsen, Leatherman, McConnell, Grooms, Campbell and Bryant: A CONCURRENT RESOLUTION TO CONGRATULATE THE SOUTH CAROLINA DEPARTMENT OF COMMERCE UPON RECEIVING THE ECONOMIC DEAL OF THE YEAR AWARD BY "BUSINESS FACILITIES" MAGAZINE.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 1019 (Word version) -- Senators Courson and Lourie: A CONCURRENT RESOLUTION TO CONGRATULATE DR. KAPPY D. CANNON, PRINCIPAL OF FOREST LAKE ELEMENTARY TECHNOLOGY MAGNET SCHOOL IN RICHLAND SCHOOL DISTRICT TWO, ON BEING NAMED 2010 SOUTH CAROLINA ELEMENTARY SCHOOL PRINCIPAL OF THE YEAR BY THE SOUTH CAROLINA ASSOCIATION OF SCHOOL ADMINISTRATORS.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 1020 (Word version) -- Senators Courson, Fair and Verdin: A CONCURRENT RESOLUTION TO CONGRATULATE MR. LANCE C. RADFORD OF GREENVILLE COUNTY ON BEING NAMED 2010 SOUTH CAROLINA HIGH SCHOOL PRINCIPAL OF THE YEAR, TO COMMEND HIM FOR HIS MANY YEARS OF DEDICATED
SERVICE AND OUTSTANDING CONTRIBUTIONS TO EDUCATION IN SOUTH CAROLINA, AND TO WISH HIM MUCH SUCCESS IN ALL HIS FUTURE ENDEAVORS.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following Bills and Joint Resolutions were introduced, read the first time, and referred to appropriate committees:
H. 4298 (Word version) -- Reps. Brady, Sandifer, Huggins, Thompson and Bowen: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ENACT MICHELLE'S LAW BY ADDING SECTIONS 38-71-355 AND 38-71-785 SO AS TO REQUIRE HEALTH INSURANCE ISSUERS TO PERMIT A DEPENDENT CHILD ON A MEDICALLY NECESSARY LEAVE OF ABSENCE FROM A POSTSECONDARY EDUCATIONAL INSTITUTION TO CONTINUE DEPENDENT COVERAGE AND TO PROVIDE FOR THE REQUIREMENTS RELATED TO THAT COVERAGE; TO AMEND SECTION 38-71-850, RELATING TO THE DEFINITION OF "CREDITABLE COVERAGE" FOR GROUP HEALTH INSURANCE COVERAGE AND SPECIAL ENROLLMENT IN GROUP HEALTH INSURANCE COVERAGE, BOTH UNDER THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996, SO AS TO ADD COVERAGE OF AN INDIVIDUAL UNDER THE STATE CHILDREN'S HEALTH INSURANCE PROGRAM AND TO ENACT FEDERAL REQUIREMENTS SET FORTH IN THE CHILDREN'S HEALTH INSURANCE PROGRAM REAUTHORIZATION ACT OF 2009 TO PROVIDE FOR SPECIAL ENROLLMENT OF AN EMPLOYEE OR AN EMPLOYEE'S DEPENDENT IN THE CASE OF TERMINATION OF MEDICAID COVERAGE OR COVERAGE UNDER A STATE CHILDREN'S HEALTH INSURANCE PROGRAM OR THE INDIVIDUAL BECOMING ELIGIBLE FOR ASSISTANCE IN THE PURCHASE OF EMPLOYMENT-BASED COVERAGE; TO AMEND SECTION 38-74-10, AS AMENDED, RELATING TO THE DEFINITION OF "CREDITABLE COVERAGE" FOR THE SOUTH CAROLINA HEALTH INSURANCE POOL, SO AS TO ADD COVERAGE OF AN INDIVIDUAL UNDER THE STATE CHILDREN'S HEALTH
INSURANCE PROGRAM; TO AMEND SECTIONS 38-90-40, AS AMENDED, 38-90-45, AND 38-90-50, AS AMENDED, RELATING TO CAPITALIZATION REQUIREMENTS FOR CAPTIVE INSURANCE COMPANIES, SO AS TO PROVIDE THAT THE DIRECTOR OF INSURANCE MAY CONSIDER THE NET AMOUNT OF RISK RETAINED FOR AN INDIVIDUAL RISK WHEN ARRIVING AT A FINDING RELATING TO ADDITIONAL CAPITAL OR NET ASSETS REQUIREMENTS; TO AMEND SECTION 38-90-70, AS AMENDED, RELATING TO REPORTS REQUIRED TO BE SUBMITTED BY A CAPTIVE INSURANCE COMPANY TO THE DIRECTOR, SO AS TO REQUIRE AN ASSOCIATION CAPTIVE INSURANCE COMPANY AND INDUSTRIAL INSURED GROUP TO SUBMIT ITS REPORT IN THE MANNER REQUIRED BY SECTION 38-13-80; TO AMEND SECTION 38-90-80, AS AMENDED, RELATING TO INSPECTIONS AND EXAMINATIONS OF A CAPTIVE INSURANCE COMPANY, SO AS TO PERMIT THE DIRECTOR TO GRANT ACCESS TO, USE, AND MAKE PUBLIC CERTAIN INFORMATION DISCOVERED OR DEVELOPED DURING THE COURSE OF AN EXAMINATION; TO AMEND SECTION 38-90-160, AS AMENDED, RELATING TO THE APPLICATION OF THE PROVISIONS OF TITLE 38 TO CAPTIVE INSURANCE COMPANIES, SO AS TO SPECIFY THAT REGULATIONS PROMULGATED PURSUANT TO APPLICABLE STATUTES ALSO APPLY TO CAPTIVE INSURANCE COMPANIES AND TO PROVIDE A LISTING OF THOSE PROVISIONS OF TITLE 38 THAT APPLY TO CERTAIN CAPTIVE INSURANCE COMPANIES; TO AMEND SECTION 38-90-430, AS AMENDED, RELATING TO THE APPLICATION OF THE PROVISIONS OF TITLE 38 TO SPECIAL PURPOSE FINANCIAL CAPTIVES, SO AS TO SPECIFY THAT REGULATIONS PROMULGATED PURSUANT TO APPLICABLE STATUTES ALSO APPLY TO SPECIAL PURPOSE FINANCIAL CAPTIVES; AND TO AMEND CHAPTER 93, TITLE 38, RELATING TO THE PRIVACY OF GENETIC INFORMATION, SO AS TO ENACT FEDERAL REQUIREMENTS SET FORTH IN THE GENETIC INFORMATION NONDISCRIMINATION ACT OF 2008 TO PROHIBIT DISCRIMINATION ON THE BASIS OF GENETIC INFORMATION, PROVIDE FOR THE REQUIREMENTS RELATING TO THE COLLECTION OF GENETIC
INFORMATION, AND TO PROVIDE FOR THE SCOPE OF THE CHAPTER.
Referred to Committee on Labor, Commerce and Industry
H. 4299 (Word version) -- Reps. Cooper and Owens: A JOINT RESOLUTION TO ALLOW LOCAL SCHOOL DISTRICTS AND SPECIAL SCHOOLS TO TRANSFER CERTAIN FUNDS AMONG APPROPRIATED REVENUES, EDUCATION IMPROVEMENT ACT FUNDS, EDUCATION LOTTERY ACT FUNDS, AND FUNDS RECEIVED FROM THE CHILDREN'S EDUCATION ENDOWMENT FUND IN ORDER TO ENSURE THE DELIVERY OF ACADEMIC AND ARTS INSTRUCTION DURING FISCAL YEAR 2010-2011 AND TO PROVIDE THAT A SCHOOL DISTRICT MAY NOT TRANSFER FUNDS REQUIRED FOR DEBT SERVICE OR BONDED INDEBTEDNESS, TO ALLOW SCHOOL DISTRICTS FOR FISCAL YEAR 2010-2011 TO SUSPEND CERTAIN PROFESSIONAL STAFFING RATIOS AND EXPENDITURE REGULATIONS, TO DELAY THE DATE THAT TEACHER CONTRACTS ARE ISSUED, TO NEGOTIATE SALARIES FOR CERTAIN RETIRED TEACHERS BELOW THE SCHOOL DISTRICT SALARY SCHEDULE, AND TO FURLOUGH TEACHERS FOR UP TO FIVE NONINSTRUCTIONAL DAYS, PROVIDED THAT DISTRICT ADMINISTRATORS ARE FURLOUGHED FOR TWICE THE NUMBER OF DAYS, TO PROVIDE FURTHER MEASURES SCHOOL DISTRICTS AND EDUCATION-RELATED ENTITIES ARE ENCOURAGED TO TAKE TO MAXIMIZE RESOURCES, TO PROVIDE DISTRICT REPORTING REQUIREMENTS FOR COST-SAVING MEASURES UNDERTAKEN BY THE DISTRICT, TO REQUIRE SCHOOL DISTRICTS TO PROVIDE TO PUBLIC CHARTER SCHOOLS PUPIL ALLOCATION FOR EACH CATEGORICAL PROGRAM BEFORE IMPLEMENTING THESE FLEXIBILITY PROVISIONS, TO SUSPEND CERTAIN FORMATIVE ASSESSMENTS, TO ALLOW SCHOOL DISTRICTS TO SUSPEND TEXTBOOK ADOPTIONS, AND TO ALLOW SCHOOL DISTRICTS TO PURCHASE THE MOST ECONOMICAL TYPE OF BUS FUEL FOR FISCAL YEAR 2010-2011, TO REQUIRE SCHOOL DISTRICTS FOR FISCAL YEAR 2010-2011 TO UTILIZE AT LEAST SIXTY-FIVE PERCENT OF THEIR PER PUPIL EXPENDITURES WITHIN PROVIDED CATEGORIES OF INSTRUCTION WITH CERTAIN CONDITIONS AND TO
PROVIDE REPORTING REQUIREMENTS, TO REQUIRE SCHOOL DISTRICTS FOR FISCAL YEAR 2010-2011 TO MAINTAIN A TRANSACTION REGISTER THAT RECORDS CERTAIN EXPENDED FUNDS, TO PROVIDE WHAT THE REGISTER MUST INCLUDE, TO REQUIRE SCHOOL DISTRICTS TO PUBLISH THEIR CREDIT CARD STATEMENTS ON THEIR WEBSITES, AND TO REQUIRE THE COMPTROLLER GENERAL TO PUBLISH ON ITS WEBSITE CREDIT CARD INFORMATION OF SCHOOL DISTRICTS THAT DO NOT MAINTAIN THEIR OWN WEBSITES; AND TO SUSPEND SECTION 59-21-1030 OF THE 1976 CODE FOR THE 2010-2011 FISCAL YEAR.
On motion of Rep. COOPER, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.
H. 4300 (Word version) -- Reps. G. M. Smith and Weeks: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ENACT "JOHN'S LAW" BY ADDING SECTION 57-1-80 SO AS TO REQUIRE THE DEPARTMENT OF TRANSPORTATION TO PUBLISH ITS LIST OF RAILROAD CROSSINGS AT WHICH IT PLANS TO INSTALL CROSSING ARMS, PLACE TRAFFIC STOP SIGNS AT DANGEROUS CROSSING LOCATIONS UNTIL CROSSING ARMS ARE INSTALLED, AND INCREASE THE NUMBER OF INSTALLATIONS OF CROSSING ARMS AT DANGEROUS RAILROAD CROSSINGS THROUGHOUT THE STATE.
Referred to Committee on Education and Public Works
H. 4301 (Word version) -- Reps. Harvin, Kennedy, Hart and Hosey: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 31-6-65 SO AS TO PROVIDE THAT BEFORE A MUNICIPAL GOVERNING BODY MAY ESTABLISH A TAX INCREMENT FINANCING DISTRICT, THE QUALIFIED ELECTORS OF THAT MUNICIPALITY MUST FIRST APPROVE OF ITS ESTABLISHMENT IN A REFERENDUM CALLED FOR THIS PURPOSE BY THE MUNICIPAL GOVERNING BODY; AND BY ADDING SECTION 31-7-65 SO AS TO PROVIDE THAT BEFORE A COUNTY GOVERNING BODY MAY ESTABLISH A TAX INCREMENT FINANCING DISTRICT, THE QUALIFIED ELECTORS OF THAT COUNTY MUST FIRST APPROVE OF ITS
ESTABLISHMENT IN A REFERENDUM CALLED FOR THIS PURPOSE BY THE COUNTY GOVERNING BODY.
Referred to Committee on Ways and Means
H. 4302 (Word version) -- Rep. Funderburk: A BILL TO AMEND SECTION 22-2-190, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COUNTY JURY AREA DESIGNATIONS FOR USE IN MAGISTRATES COURTS, SO AS TO REVISE THE JURY AREAS FOR KERSHAW COUNTY TO PROVIDE FOR ONE JURY AREA COUNTYWIDE.
Referred to Kershaw Delegation
H. 4303 (Word version) -- Reps. Bingham, Battle, Merrill, J. H. Neal, Ott, M. A. Pitts, Rice, A. D. Young, Sandifer, Cobb-Hunter, Bedingfield, Nanney, G. R. Smith, Hamilton, Stringer and Wylie: A JOINT RESOLUTION TO IMPOSE CERTAIN ENFORCEMENT REQUIREMENTS ON THE SOUTH CAROLINA EMPLOYMENT SECURITY COMMISSION RELATED TO DISQUALIFICATION PARAMETERS FOR UNEMPLOYMENT BENEFITS, TO REQUIRE THE COMMISSION TO INSTITUTE CERTAIN ADMINISTRATIVE MEASURES, AND TO PROVIDE THIS JOINT RESOLUTION EXPIRES ON JULY 1, 2011, AMONG OTHER THINGS.
On motion of Rep. OTT, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.
The roll call of the House of Representatives was taken resulting as follows:
Agnew Alexander Allen Allison Anderson Anthony Bales Ballentine Bannister Barfield Battle Bingham Bowen Bowers Brady Branham Brantley G. A. Brown H. B. Brown R. L. Brown Cato Chalk Clemmons Clyburn Cobb-Hunter Cole Cooper 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 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. M. Neal Norman Ott Owens Parker Pinson M. A. Pitts Rice Rutherford Sandifer Scott Simrill Skelton D. C. Smith G. M. Smith G. R. Smith J. E. Smith J. R. Smith Sottile Spires Stavrinakis Stringer Thompson Toole Umphlett Vick Viers Whipper White Whitmire Williams Willis Wylie A. D. Young T. R. Young
I came in after the roll call and was present for the Session on Wednesday, January 13.
Eric Bedingfield Chip Huggins James E. Stewart Jeffrey D. Duncan Joseph Neal Patsy Knight Anne Parks Bakari Sellers David Weeks Denny Neilson Kris Crawford
Announcement was made that Dr. Gary A. Delaney of Orangeburg was the Doctor of the Day for the General Assembly.
In accordance with House Rule 5.2 below:
"5.2 Every bill before presentation shall have its title endorsed; every report, its title at length; every petition, memorial, or other paper, its prayer or substance; and, in every instance, the name of the member presenting any paper shall be endorsed and the papers shall be presented by the member to the Speaker at the desk. A member may add his name to a bill or resolution or a co-sponsor of a bill or resolution may remove his name at any time prior to the bill or resolution receiving passage on second reading. The member or co-sponsor shall notify the Clerk of the House in writing of his desire to have his name added or removed from the bill or resolution. The Clerk of the House shall print the member's or co-sponsor's written notification in the House Journal. The removal or addition of a name does not apply to a bill or resolution sponsored by a committee."
Bill Number: H. 3037 (Word version)
Date: ADD:
01/13/10 RICE
Bill Number: H. 3227 (Word version)
Date: ADD:
01/13/10 DANING
Bill Number: H. 3279 (Word version)
Date: ADD:
01/13/10 GUNN
Bill Number: H. 3608 (Word version)
Date: ADD:
01/13/10 WHIPPER
Bill Number: H. 3280 (Word version)
Date: ADD:
01/13/10 GUNN
Bill Number: H. 4033 (Word version)
Date: ADD:
01/13/10 WHIPPER and R. L. BROWN
Bill Number: H. 4108 (Word version)
Date: ADD:
01/13/10 BALLENTINE
Bill Number: H. 4202 (Word version)
Date: ADD:
01/13/10 DILLARD
Bill Number: H. 4239 (Word version)
Date: ADD:
01/13/10 J. E. SMITH and ANDERSON
Bill Number: H. 4243 (Word version)
Date: ADD:
01/13/10 A. D. YOUNG
Bill Number: H. 4251 (Word version)
Date: ADD:
01/13/10 BALLENTINE
Bill Number: H. 4269 (Word version)
Date: ADD:
01/13/10 D. C. SMITH, UMPHLETT, BALLENTINE and J. R. SMITH
Bill Number: H. 4277 (Word version)
Date: ADD:
01/13/10 R. L. BROWN
Bill Number: H. 4285 (Word version)
Date: ADD:
01/13/10 ALLEN and R. L. BROWN
The following Concurrent Resolution was taken up:
H. 4219 (Word version) -- Reps. Harrison, R. L. Brown and Cato: A CONCURRENT RESOLUTION TO CENSURE MARSHALL C. SANFORD, JR., GOVERNOR OF SOUTH CAROLINA, FOR DERELICTION IN HIS DUTIES OF OFFICE, FOR OFFICIAL MISCONDUCT IN OFFICE, AND FOR ABUSES OF POWER WHILE IN OFFICE THAT HAS BROUGHT RIDICULE, DISHONOR, SHAME, AND DISGRACE TO HIMSELF, THE STATE OF SOUTH CAROLINA, AND TO ITS CITIZENS.
The Judiciary Committee proposed the following Amendment No. 1 (COUNCIL\NBD\20797SD10), which was adopted:
Amend the concurrent resolution, as and if amended, by striking all after the title and inserting:
/Whereas, from Monday June 23, 2008, until Friday June 27, 2008, Governor Sanford was either in route to or present in Cordoba or Buenos Aires, Argentina, at taxpayer expense while engaging in conduct entirely unrelated to the interests of the citizens of South Carolina or the duties of his office, such conduct constituting an abuse of his power as Governor; and
Whereas, Governor Mark Sanford was absent from the State of South Carolina and from the United States from Thursday, June 18, 2009, until Wednesday, June 24, 2009, while in or in route to and from Argentina for reasons unrelated to the duties of his office; and
Whereas, Governor Sanford failed to notify the Lieutenant Governor of his planned and extended absence from both the state and the country in regard to this 2009 trip; and
Whereas, from Thursday, June 18, 2009, until at least on or about Monday, June 22, 2009, Governor Sanford was not in official communication with any person in the chain of command within the Office of the Governor of the State of South Carolina nor was there any officially established or known method for contacting the Governor; and
Whereas, the Governor intentionally evaded South Carolina Law Enforcement Division agents assigned to secure his safety in order to effect his absence from the State; and
Whereas, the Governor directed members of his staff in a manner that caused them to mislead the public officials of the State of South Carolina as well as the public of the State of South Carolina as to the Governor's whereabouts; and
Whereas, the Governor's conduct in being absent from the State of South Carolina under these circumstances constitutes a dereliction of his duties as Governor; and
Whereas, in addition to the above, Governor Sanford misused state aircraft for purposes unrelated to the duties of his office, specifically for either political or personal purposes; and
Whereas, what has already been disclosed in the public domain in regard to his misuse of state aircraft is sufficient to conclude he did not conduct himself in these areas in the highest traditions and requirements of his office; and
Whereas, Governor Sanford's conduct in its totality has breached the public trust of South Carolinians and has lowered their confidence in his ability to be their chief executive; and
Whereas, the conduct of Governor Sanford has also brought ridicule, dishonor, disgrace, and shame not only upon Governor Sanford but upon this State and its citizens which rises to a level which requires a formal admonishment and censure. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the South Carolina General Assembly, by this resolution, hereby censure Marshall C. Sanford, Jr., Governor of South Carolina, for dereliction in his duties of office, for official misconduct in office, and for abuses of power while in office that has brought ridicule, dishonor, shame, and disgrace to himself, the State of South Carolina, and to its citizens.
Be it further resolved that a copy of this resolution be forwarded to Governor Sanford. /
Amend the concurrent resolution further, by striking the title and inserting:
/TO CENSURE MARSHALL C. SANFORD, JR., GOVERNOR OF SOUTH CAROLINA, FOR DERELICTION IN HIS DUTIES OF OFFICE, FOR OFFICIAL MISCONDUCT IN OFFICE, AND FOR ABUSES OF POWER WHILE IN OFFICE THAT HAS BROUGHT RIDICULE, DISHONOR, SHAME, AND DISGRACE TO HIMSELF, THE STATE OF SOUTH CAROLINA, AND TO ITS CITIZENS./
Renumber sections to conform.
Amend title to conform.
Rep. HARRISON explained the amendment.
Rep. OTT spoke upon the amendment.
Rep. CLYBURN moved, with unanimous consent, that Rep. OTT's remarks be printed in the Journal.
Thank you Mr. Speaker, Ladies, and Gentlemen.
It is a sad day when we have to come to the podium and talk about a censure motion for the Governor of the Great State of South Carolina. However, that is where we find ourselves today. I want to speak with you briefly about not only the Governor's actions but the actions of every elected official in this great body. We have a responsibility to the people of the State of South Carolina not to set a low standard of our behavior but to set a high standard. We have failed miserably over the past years in setting that high standard. Now, I don't want you to think that I am sitting here to be in judgment of anybody in this audience. I am talking to myself right along with everybody else. We have to strive to do better.
I heard a sermon two weeks ago and the subject was "the blurring of the lines." We have allowed the lines between right and wrong to become blurred. What was wrong when I was growing up as a boy now all of a sudden is not quite so wrong. We, as politicians, have played into that game. When we have elected officials who spend time in jail, it tarnishes the reputation of every elected official who wants to serve. We have to hold ourselves to a higher standard. The values of the people we represent demand that, and I want to challenge each of us. Yes, we are here talking about the Governor today, but we need to be talking about everybody and making sure that we represent those values. I stand before you as a Christian who has sinned. That's the good part about it. The Governor has asked for forgiveness and we, as
Christians, will offer him forgiveness. The Final Judge is not in this chamber. That's between him and the Good Lord to make amends...and his family. So, that's not our job. Our job is to come here and be that shining example of what we want our children to grow up to be. Right now I'm not sure very many families across the state want their children to grow up to be a politician. Think about it. When I grew up, politicians were held in some esteem, but not anymore. We are down there below...wherever you want to go...yeah, below lawyers, Todd. [Hon. Mr. J. Todd Rutherford (D) SC-74 ].
We need to work to fix that, ladies and gentlemen. That's the message. I am going to vote for the censure but we've got a responsibility and we've got to take this responsibility seriously. I am afraid that some of us just come up here...we get elected, we do what is in our benefit and forget about the greater good.
I want to leave you with a verse out of Matthew. This comes from the New International Version. I'm going to read it because I don't want to misquote it. It says, "You hypocrite, first take the plank out of your own eye then you will see clearly to remove the speck from your brother's eye."
I want to leave you with this challenge, ladies and gentlemen, as we try to take that speck out of the Governor's eye today, let's make sure we don't have a plank in our own eye as we go forward and make laws that benefit the State of South Carolina. Thank you.
Rep. Harry Ott
Rep. HALEY demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Agnew Allen Allison Anthony Bales Ballentine Bannister Barfield Battle Bedingfield Bingham Bowen Bowers Brady Branham R. L. Brown Cato Chalk Clemmons Clyburn Cobb-Hunter Cole Cooper Daning Delleney Dillard Edge Forrester Frye Funderburk Gambrell Govan Gunn
Haley Hamilton Hardwick Harrell Harrison Hart Harvin Hayes Hearn Hiott Horne Hosey Howard Huggins Hutto Jefferson Jennings Kelly King Kirsh Limehouse Littlejohn Loftis Long Lucas Mack McEachern McLeod Miller Millwood Mitchell D. C. Moss V. S. Moss Nanney J. M. Neal Norman Ott Owens Parker Pinson M. A. Pitts Rice Sandifer Scott Sellers Simrill Skelton D. C. Smith G. M. Smith G. R. Smith J. E. Smith J. R. Smith Sottile Spires Stavrinakis Stewart Stringer Thompson Toole Vick Weeks Whipper White Whitmire Williams Willis Wylie A. D. Young T. R. Young
Those who voted in the negative are:
Brantley G. A. Brown H. B. Brown Erickson Gilliard Herbkersman Kennedy Merrill Rutherford Umphlett
So, the amendment was adopted.
The question then recurred to the adoption of the Concurrent Resolution.
Rep. SIMRILL demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Agnew Allen Allison Anthony Bales Ballentine Bannister Barfield Battle Bedingfield Bingham Bowen Bowers Brady Branham H. B. Brown R. L. Brown Cato Chalk Clemmons Clyburn Cobb-Hunter Cole Cooper Daning Delleney Dillard Duncan Edge Forrester Funderburk Gambrell Govan Gunn Haley Hamilton Hardwick Harrell Harrison Hart Harvin Hayes Hearn Hiott Horne Hosey Howard Huggins Hutto Jefferson Jennings Kelly King Kirsh Limehouse Littlejohn Loftis Long Lucas Mack McEachern McLeod Miller Millwood Mitchell D. C. Moss V. S. Moss Nanney J. M. Neal Norman Ott Owens Parker Pinson M. A. Pitts Rice Sandifer Scott Sellers Simrill Skelton D. C. Smith G. R. Smith J. E. Smith J. R. Smith Sottile Spires Stavrinakis Stewart Stringer Thompson Toole Vick Weeks Whipper White Whitmire Williams Willis Wylie A. D. Young T. R. Young
Those who voted in the negative are:
Brantley G. A. Brown Erickson Gilliard Herbkersman Kennedy Knight Merrill Rutherford G. M. Smith Umphlett
The Concurrent Resolution, as amended, was adopted and ordered sent to the Senate.
The SPEAKER granted Rep. VIERS a temporary leave of absence due to a constituent issue.
I was temporarily absent when the vote was taken to censure Governor Mark Sanford. If I had been present, I would have voted "yea" in favor of H. 4219, the resolution to censure.
Rep. Anne Parks
I was temporarily out of the Chambers when the vote was taken on the passage of H. 4219, the resolution to censure the Governor. Had I been present, I would have voted "yea" in favor of the censure, as I did in the full Judiciary Committee meeting.
Rep. Thad Viers
The following Bill was taken up:
S. 796 (Word version) -- Senator Coleman: A BILL TO DIRECT THE FAIRFIELD COUNTY TREASURER TO TRANSFER A SPECIFIED AMOUNT OF FUNDS TO CHESTER COUNTY SCHOOL DISTRICT IN ORDER TO DEFRAY THE COSTS TO EDUCATE CERTAIN STUDENTS WHO RESIDE IN FAIRFIELD COUNTY BUT ATTEND CHESTER COUNTY SCHOOLS, AND TO REQUIRE THAT THE AMOUNT OF FUNDS DELIVERED TO CHESTER COUNTY SCHOOL DISTRICT BE REEXAMINED EVERY THREE YEARS AND AN AGREEMENT BE ENTERED INTO BETWEEN THE SCHOOL DISTRICT OF FAIRFIELD COUNTY AND
CHESTER COUNTY SCHOOL DISTRICT FOR THE PAYMENT OF THOSE FUNDS.
The Bill was rejected.
The following Bill was taken up, read the third time, and ordered sent to the Senate:
H. 4087 (Word version) -- Rep. Bedingfield: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 4 TO CHAPTER 53, TITLE 59 SO AS TO CREATE THE GREENVILLE TECHNICAL COLLEGE AREA COMMISSION AND TO PROVIDE FOR ITS MEMBERSHIP.
Rep. COOPER moved to adjourn debate upon the following Joint Resolution until Tuesday, February 2, which was adopted:
H. 3561 (Word version) -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE REVENUES FOR THE OPERATIONS OF STATE GOVERNMENT FOR FISCAL YEAR 2009-2010 TO SUPPLEMENT APPROPRIATIONS MADE FOR THOSE PURPOSES BY THE GENERAL APPROPRIATIONS ACT FOR FISCAL YEAR 2009-2010.
Rep. COOPER moved to adjourn debate upon the following Bill until Tuesday, February 2, which was adopted:
H. 3854 (Word version) -- Rep. Cooper: A BILL TO AMEND TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAXATION, SO AS TO REVISE CERTAIN CHAPTERS AND SECTIONS PERTAINING TO VARIOUS TAX MATTERS.
Rep. HAYES moved to adjourn debate upon the following Bill until Thursday, January 14, which was adopted:
H. 3941 (Word version) -- Reps. Hayes, Gambrell, Agnew, Bowen, Gullick and D. C. Moss: A BILL TO AMEND CHAPTER 56, TITLE 40, CODE
OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE BOARD OF PYROTECHNIC REGULATIONS, SO AS TO REVISE THE CHAPTER TITLE, TO PROVIDE STATE POLICY CONCERNING PYROTECHNICS, TO INCREASE THE STATE BOARD OF PYROTECHNIC SAFETY FROM SIX TO SEVEN MEMBERS, TO DEFINE TERMS, TO REQUIRE LICENSURE FOR THE MANUFACTURING, SALE, OR STORAGE OF FIREWORKS, TO AUTHORIZE THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, FIRE CHIEFS, AND LAW ENFORCEMENT OFFICERS TO INVESTIGATE COMPLAINTS, TO PROVIDE GROUNDS FOR DISCIPLINARY ACTION, TO REQUIRE LIABILITY INSURANCE, TO REQUIRE REPORTING OF FIRES AND EXPLOSIONS, TO PROVIDE CRIMINAL AND CIVIL PENALTIES FOR VIOLATIONS, AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF PERSONS HANDLING FIREWORKS.
The following Bill was taken up:
H. 3798 (Word version) -- Reps. Bannister, Harrison and King: A BILL TO AMEND SECTION 17-15-15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEPOSIT OF A CASH PERCENTAGE INSTEAD OF A BOND, ASSIGNMENT OF THE DEPOSIT, AND RESTITUTION TO THE VICTIM, SO AS TO PROVIDE FOR THE DEPOSIT OF A CASH AMOUNT BY THE DEFENDANT THROUGH AN ACCOMMODATION BONDSMAN, TO INCREASE THE CASH AMOUNT PERCENTAGE TO NOT LESS THAN TWENTY-FIVE PERCENT, AND TO REQUIRE THE ACCOMMODATION BONDSMAN TO PAY A HANDLING FEE TO THE CLERK OF COURT EQUAL TO FOUR PERCENT OF THE AMOUNT OF THE BOND SET.
Rep. KELLY moved to recommit the Bill to the Committee on Judiciary, which was agreed to.
So, the Bill was recommitted.
The following Bill was taken up:
S. 186 (Word version) -- Senators McConnell and Campsen: A BILL TO AMEND SECTION 15-77-300, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ALLOWANCE OF ATTORNEY'S FEES IN STATE-INITIATED ACTIONS, SO AS TO LIMIT THE FEE TO A REASONABLE TIME EXPENDED AT A REASONABLE RATE.
Rep. HARRISON proposed the following Amendment No. 1 (COUNCIL\MS\7462AHB10):
Amend the bill, as and if amended, pages 1 and 2, by deleting SECTION 1 in its entirety and inserting:
/ SECTION 1. Section 15-77-300 of the 1976 Code is amended to read:
"Section 15-77-300. (A) In any civil action brought by the State, any political subdivision of the State or any party who is contesting state action, unless the prevailing party is the State or any political subdivision of the State, the court may allow the prevailing party to recover reasonable attorney's fees to be taxed as court costs against the appropriate agency if:
(1) The the court finds that the agency acted without substantial justification in pressing its claim against the party; and
(2) The the court finds that there are no special circumstances that would make the award of attorney's fees unjust.
The agency is presumed to be substantially justified in pressing its claim against the party if the agency follows a statutory or constitutional mandate that has not been invalidated by a court of competent jurisdiction.
(B) Attorney's fees allowed pursuant to subsection (A) must be limited to a reasonable time expended at a reasonable rate. Factors to be applied in determining a reasonable rate include:
(1) the nature, extent, and difficulty of the case;
(2) the time devoted;
(3) the professional standing of counsel;
(4) the beneficial results obtained; and
(5) the customary legal fees for similar services.
The judge must make specific written findings regarding each factor listed above in making the award of attorney's fees. However, in no event shall a prevailing party be allowed to shift attorney's fees
pursuant to this section that exceed the fees the party has contracted to pay counsel personally for work on the litigation.
(C) The provisions of this section do not apply to civil actions relating to the establishment of public utility rates, disciplinary actions by state licensing boards, habeas corpus or post conviction relief actions, child support actions, except as otherwise provided for herein, and child abuse and neglect actions." /
Renumber sections to conform.
Amend title to conform.
Rep. HARRISON explained the amendment.
Reps. HART, J. E. SMITH, SELLERS, GUNN, MCLEOD, WEEKS, GOVAN, HODGES, KING, HARRISON and G. M. SMITH requested debate on the Bill.
Rep. HART asked unanimous consent to recall H. 3083 (Word version) from the Committee on Education and Public Works.
Rep. WHITMIRE objected.
The following Bill was taken up:
H. 3543 (Word version) -- Reps. Brady, Mitchell and Erickson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-1-490 SO AS TO REQUIRE THE STATE DEPARTMENT OF EDUCATION TO DEVELOP A MODEL DATING VIOLENCE POLICY TO ASSIST SCHOOL DISTRICTS IN DEVELOPING THEIR OWN POLICIES FOR REPORTING AND RESPONDING TO DATING VIOLENCE, TO PROVIDE WHAT MUST BE INCLUDED IN THE POLICIES, TO PROVIDE REPORTING AND PUBLICATION REQUIREMENTS, AND TO REQUIRE SCHOOL DISTRICTS TO INFORM PARENTS AND GUARDIANS OF THE POLICY AND TO PROVIDE PARENTS WITH A COPY OF THE POLICY UPON REQUEST.
Rep. BRADY spoke in favor of the Bill.
Rep. MCLEOD moved to adjourn debate on the Bill until Wednesday, January 20, which was adopted.
The SPEAKER granted Rep. GILLIARD a leave of absence for the remainder of the day due to a public service event.
The following Concurrent Resolution was taken up:
H. 4105 (Word version) -- Rep. J. H. Neal: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE BRIDGE THAT CROSSES CABIN CREEK ALONG CLARKSON ROAD IN RICHLAND COUNTY THE "CANDACY-DARCEL SANDERS CROSSING BRIDGE" AND ERECT APPROPRIATE MARKERS OR SIGNS AT THIS BRIDGE THAT CONTAIN THE WORDS "CANDACY-DARCEL SANDERS CROSSING BRIDGE".
The Concurrent Resolution was adopted and sent to the Senate.
The motion period was dispensed with on motion of Rep. G. R. SMITH.
The following Joint Resolution was taken up:
H. 3279 (Word version) -- Reps. T. R. Young, D. C. Smith, G. R. Smith, J. R. Smith, Stewart, Millwood, Daning, Horne, Funderburk, Wylie, Bedingfield, Hart, Harrell, A. D. Young, Viers and Gunn: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 7, ARTICLE VI OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE CONSTITUTIONAL OFFICERS OF THIS STATE, SO AS TO DELETE THE SECRETARY OF STATE FROM THE LIST OF STATE OFFICERS WHICH THE CONSTITUTION REQUIRES TO BE ELECTED AND PROVIDE THAT THE SECRETARY OF STATE MUST BE APPOINTED BY THE GOVERNOR UPON THE ADVICE AND CONSENT OF THE GENERAL ASSEMBLY FOR A TERM COTERMINOUS WITH THE GOVERNOR UPON THE EXPIRATION OF THE TERM OF THE SECRETARY OF STATE SERVING IN OFFICE ON THE DATE OF THE RATIFICATION OF THIS PROVISION, AND TO PROVIDE THAT THE GENERAL ASSEMBLY SHALL PROVIDE BY LAW FOR THE DUTIES,
COMPENSATION, AND QUALIFICATIONS FOR OFFICE, THE PROCEDURES BY WHICH THE APPOINTMENT IS MADE, AND THE PROCEDURES BY WHICH THE SECRETARY OF STATE MAY BE REMOVED FROM OFFICE.
Pursuant to the provisions of the Constitution, the yeas and nays were taken on the passage of the Joint Resolution resulting as follows:
Those who voted in the affirmative are:
Agnew Alexander Bales Ballentine Bannister Barfield Battle Bedingfield Bingham Bowen Brady Branham Cato Chalk Clemmons Clyburn Cobb-Hunter Daning Duncan Edge Erickson Forrester Funderburk Gambrell Gilliard Govan Gunn Haley Hamilton Hardwick Harrell Harrison Hart Hearn Herbkersman Hiott Horne Howard Huggins Hutto Jennings Kelly Knight Limehouse Loftis Lucas McEachern Merrill Miller Millwood D. C. Moss V. S. Moss Nanney Norman Owens M. A. Pitts Rice Scott Skelton D. C. Smith G. M. Smith G. R. Smith J. E. Smith J. R. Smith Sottile Stavrinakis Stewart Stringer Thompson Toole Viers Whitmire Williams Willis Wylie A. D. Young T. R. Young
Those who voted in the negative are:
Allen Allison Anderson Anthony Bowers Brantley G. A. Brown H. B. Brown R. L. Brown Cole Cooper Delleney Dillard Frye Harvin Hayes Hodges Hosey Jefferson King Kirsh Littlejohn Long Mack McLeod Mitchell J. H. Neal Ott Parker Parks Pinson Rutherford Sandifer Sellers Simrill Spires Umphlett Vick Weeks Whipper White
So, the Joint Resolution was read the second time and ordered to third reading.
Rep. T. R. YOUNG moved to adjourn debate upon the following Joint Resolution until Thursday, January 14, which was adopted:
H. 3280 (Word version) -- Reps. T. R. Young, Allison, Parker, D. C. Smith, G. R. Smith, J. R. Smith, Stewart, Millwood, Horne, Funderburk, Wylie, Bedingfield, Hart, Harrell, A. D. Young, Viers and Gunn: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 7, ARTICLE VI OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE CONSTITUTIONAL OFFICERS OF THIS STATE, SO AS TO DELETE THE SUPERINTENDENT OF EDUCATION FROM THE LIST OF STATE OFFICERS WHICH THE CONSTITUTION REQUIRES TO BE ELECTED AND PROVIDE THAT THE SUPERINTENDENT OF EDUCATION MUST BE APPOINTED BY THE GOVERNOR UPON THE ADVICE AND CONSENT OF THE SENATE FOR A TERM COTERMINOUS WITH THE GOVERNOR UPON THE EXPIRATION OF THE TERM OF THE SUPERINTENDENT OF EDUCATION SERVING IN OFFICE ON THE DATE OF THE RATIFICATION OF THIS PROVISION, AND TO PROVIDE THAT
THE GENERAL ASSEMBLY SHALL PROVIDE BY LAW FOR THE DUTIES, COMPENSATION, AND QUALIFICATIONS FOR OFFICE, THE PROCEDURES BY WHICH THE APPOINTMENT IS MADE, AND THE PROCEDURES BY WHICH THE SUPERINTENDENT OF EDUCATION MAY BE REMOVED FROM OFFICE.
Rep. CLEMMONS moved to adjourn debate upon the following Bill until Tuesday, January 26, which was adopted:
H. 3746 (Word version) -- Reps. Clemmons and Viers: A BILL TO AMEND SECTION 7-11-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE NOMINATION OF CANDIDATES BY A PETITION, SO AS TO PROVIDE THAT NO QUALIFIED ELECTOR WHO VOTED IN A PRIMARY ELECTION IS ELIGIBLE TO SIGN A PETITION FOR A CANDIDATE TO RUN FOR AN OFFICE TO BE FILLED AT THE GENERAL ELECTION FOLLOWING THAT PRIMARY AND TO PROVIDE THAT A QUALIFIED ELECTOR OTHERWISE ELIGIBLE TO SIGN A PETITION FOR A CANDIDATE TO APPEAR ON A GENERAL ELECTION BALLOT MAY NOT SIGN MORE THAN ONE PETITION PER GENERAL ELECTION PER OFFICE; BY ADDING SECTION 7-11-75 SO AS TO PROVIDE THAT A PERSON OFFERING FOR ELECTION AS A PETITION CANDIDATE IN ANY GENERAL ELECTION MUST HAVE FIRST NOTIFIED THE ENTITY TO WHICH THE PETITION IS REQUIRED TO BE FILED BY THE BEGINNING DATE OF THE PRIMARY ELECTION PRECEDING THAT GENERAL ELECTION OF HIS INTENTION TO FILE AS A PETITION CANDIDATE FOR THAT OFFICE, AND TO PROVIDE THAT FAILURE TO DO SO DISQUALIFIES HIM AS A PETITION CANDIDATE FOR THAT GENERAL ELECTION; TO AMEND SECTION 7-11-80, AS AMENDED, RELATING TO THE FORM OF NOMINATING PETITIONS, SO AS TO REQUIRE ALL THE SIGNATURES TO BE LEGIBLE SO THAT THE NAME OF THE VOTER CAN BE IDENTIFIED BEYOND A REASONABLE DOUBT; TO AMEND SECTION 7-11-85, RELATING TO VERIFICATION OF THE SIGNATURES ON PETITIONS, SO AS TO REVISE THE VERIFICATION PROCESS, TO PROVIDE THAT ALL QUALIFIED ELECTORS SIGNING A PETITION FOR A CANDIDATE TO APPEAR ON A GENERAL
ELECTION BALLOT FOR ELECTION TO A PARTICULAR OFFICE MUST HAVE BEEN A QUALIFIED ELECTOR WHO REGISTERED TO VOTE AT LEAST THIRTY DAYS BEFORE SUBMISSION OF THE PETITION, AND TO REQUIRE THE REGISTRATION BOARD TO VERIFY THE VOTER IS A QUALIFIED ELECTOR IN THAT JURISDICTION; BY ADDING SECTION 7-11-95 SO AS TO PROVIDE THAT THE ENTITY TO WHICH A PETITION MUST BE FILED MAY REJECT THE PETITION IF, AFTER A HEARING, THE ENTITY FINDS THAT BY A PREPONDERANCE OF THE EVIDENCE FRAUD WAS COMMITTED IN THE EXECUTION OF THE PETITION, AND TO PROVIDE THAT THE VALIDATION OF THE SIGNATURES ON A PETITION AND THE DETERMINATION OF WHETHER OR NOT FRAUD WAS COMMITTED IN THE EXECUTION OF THE PETITION MUST BE CONDUCTED IN PUBLIC AFTER NOTICE; AND BY ADDING SECTION 7-11-100 SO AS TO PROVIDE THAT DECISIONS OF A LOCAL ENTITY TO WHICH A PETITION MUST BE FILED MAY BE APPEALED TO THE STATE ELECTION COMMISSION AND THEREAFTER TO A COURT OF COMPETENT JURISDICTION IN THE MANNER IN WHICH APPEALS FROM THE STATE ELECTION COMMISSION MAY BE TAKEN.
Rep. CLEMMONS moved to adjourn debate upon the following Bill until Tuesday, January 26, which was adopted:
H. 3608 (Word version) -- Reps. Mack, Alexander, Allen, R. L. Brown, Williams, Weeks and Whipper: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-13-25 SO AS TO PROVIDE THAT THE AUTHORITY CHARGED BY LAW CONDUCTING AN ELECTION SHALL ESTABLISH EARLY VOTING CENTERS, TO ESTABLISH EARLY VOTING CENTERS TO ALLOW A REGISTERED COUNTY RESIDENT TO VOTE OUTSIDE THEIR PRECINCT, TO PROVIDE A PROCEDURE BY WHICH A QUALIFIED ELECTOR MAY REGISTER TO VOTE AND CAST A BALLOT DURING THE EARLY VOTING PERIOD, TO PROVIDE FOR THE ESTABLISHMENT OF EARLY VOTING LOCATIONS, AND TO REQUIRE THESE LOCATIONS AND TIMES TO BE IN COMPLIANCE WITH THE PROVISIONS OF SECTION 30-4-80.
Rep. CLEMMONS moved to adjourn debate upon the following Bill until Tuesday, January 26, which was adopted:
H. 4033 (Word version) -- Reps. Clemmons, Harrell, Gunn, Anderson, Gullick, Limehouse, Hardwick, Merrill, Ott, Rutherford, Bales, V. S. Moss, Duncan, Owens, Bowen, Stavrinakis, Hutto, Allison, Barfield, Battle, Bingham, Branham, H. B. Brown, Cato, Cole, Cooper, Crawford, Delleney, Dillard, Gambrell, Harrison, Harvin, Hayes, Hearn, Herbkersman, Horne, Hosey, Howard, Jefferson, Jennings, Kennedy, King, Kirsh, Lowe, Lucas, Mack, McLeod, Miller, D. C. Moss, J. M. Neal, Neilson, M. A. Pitts, Rice, Sandifer, G. M. Smith, G. R. Smith, J. E. Smith, Sottile, Thompson, Weeks, White, Williams, Willis, A. D. Young, Sellers, Erickson, Knight, Whipper and R. L. Brown: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO ENACT THE "TRANSPORTATION INFRASTRUCTURE FUNDING FLEXIBILITY ACT" BY ADDING ARTICLE 3 TO CHAPTER 3, TITLE 57 SO AS TO PROVIDE THAT THE DEPARTMENT OF TRANSPORTATION MAY SOLICIT AND ENTER INTO CERTAIN PUBLIC-PRIVATE INITIATIVES TO CONSTRUCT TRANSPORTATION FACILITIES AND TO PROVIDE THE PROCEDURE WHEREBY PUBLIC-PRIVATE INITIATIVES ARE SOLICITED, APPROVED, AND IMPLEMENTED; BY ADDING ARTICLE 9 TO CHAPTER 3, TITLE 57 SO AS TO PROVIDE THE CIRCUMSTANCES WHEREBY TOLLS MAY BE IMPOSED AND COLLECTED ALONG THE STATE'S HIGHWAYS, TO PROVIDE FOR THE PROJECTS THAT MAY BE FINANCED BY TOLL REVENUES, TO PROVIDE PENALTIES FOR A PERSON WHO FAILS TO PAY A TOLL, AND TO PROVIDE THAT THE DEPARTMENT MAY IMPLEMENT AN ELECTRONIC TOLL SYSTEM; BY ADDING SECTION 11-35-3075 SO AS TO PROVIDE THAT THE PROVISIONS THAT ALLOW THE DEPARTMENT OF TRANSPORTATION TO ENTER INTO PUBLIC-PRIVATE INITIATIVES TO CONSTRUCT TRANSPORTATION FACILITIES ARE SUBJECT TO CERTAIN PORTIONS OF THE CONSOLIDATED PROCUREMENT CODE AND TO CERTAIN EXPANDED DISCUSSIONS AND PROPOSAL REVISIONS; TO AMEND SECTION 11-35-710, AS AMENDED, RELATING TO THE PURCHASE OF CERTAIN ITEMS THAT ARE EXEMPT FROM THE PROVISIONS CONTAINED IN THE CONSOLIDATED
PROCUREMENT CODE, SO AS TO PROVIDE THAT THE PURCHASE OF ITEMS ASSOCIATED WITH DEPARTMENT OF TRANSPORTATION PUBLIC-PRIVATE INITIATIVES TO CONSTRUCT TRANSPORTATION FACILITIES ARE NOT EXEMPT FROM THE CONSOLIDATED PROCUREMENT CODE; TO AMEND SECTION 11-35-40, AS AMENDED, RELATING TO THE APPLICATION OF THE CONSOLIDATED PROCUREMENT CODE, SO AS TO PROVIDE AN ENTITY THAT UTILIZES A FEDERAL GRANT TO PROCURE AN ITEM MUST COMPLY WITH ALL APPLICABLE LAWS THAT ARE NOT CONTAINED IN THE CONSOLIDATED PROCUREMENT CODE; TO AMEND SECTION 57-5-1625, AS AMENDED, RELATING TO THE DEPARTMENT OF TRANSPORTATION'S AWARDING OF CONTRACTS THAT USE THE DESIGN-BUILD PROCEDURE, SO AS TO REVISE THE DEFINITION OF THE TERM "DESIGN-BUILD CONTRACT"; TO AMEND SECTION 57-5-1310, RELATING TO THE GENERAL ASSEMBLY'S INTENT WHEN IT PROVIDED THE DEPARTMENT OF TRANSPORTATION THE AUTHORITY TO CONSTRUCT TURNPIKE PROJECTS, SO AS TO PROVIDE THAT THE DEPARTMENT ALSO HAS THE AUTHORITY TO IMPROVE THESE FACILITIES PURSUANT TO THIS PROVISION; TO AMEND SECTION 57-5-1320, RELATING TO THE DEFINITION OF TERMS REGARDING TURNPIKE PROJECTS, SO AS TO REVISE THE DEFINITION OF THE TERM "TURNPIKE FACILITY"; TO AMEND SECTION 57-5-1330, RELATING TO THE DEPARTMENT OF TRANSPORTATION'S AUTHORITY TO DESIGNATE, ESTABLISH, PLAN, IMPROVE, CONSTRUCT, OPERATE, AND REGULATE TURNPIKE FACILITIES, SO AS TO PROVIDE THAT THE DEPARTMENT MAY DESIGNATE AS A TURNPIKE FACILITY ANY TRANSPORTATION FACILITY THAT IS FUNDED IN PART BY A LOCAL OPTION SALES AND USE TAX; TO AMEND SECTION 40-11-360, RELATING TO THE ENTITIES THAT ARE EXEMPT FROM THE PROVISIONS THAT REGULATE LICENSED CONTRACTORS, SO AS TO MAKE A TECHNICAL CHANGE; TO AMEND SECTION 57-5-1660, RELATING TO THE DEPARTMENT OF TRANSPORTATION'S REQUIREMENT THAT CERTAIN CONTRACTORS MUST FURNISH A BOND FOR CERTAIN CONSTRUCTION CONTRACTS, SO AS TO PROVIDE THAT THIS PROVISION DOES NOT APPLY TO CERTAIN PUBLIC-PRIVATE INITIATIVES TO CONSTRUCT
TRANSPORTATION FACILITIES AND PROVIDE THAT WHEN THE DEPARTMENT UTILIZES THE DESIGN-BUILD DELIVERY METHOD FOR A HIGHWAY CONSTRUCTION PROJECT, THE AMOUNT OF THE PERFORMANCE AND INDEMNITY BOND AND PAYMENT BONDS REQUIRED BY THIS PROVISION RELATE ONLY TO THE PORTION OF THE CONTRACT CONCERNING CONSTRUCTION; AND TO REPEAL SECTIONS 12-28-2920, 57-3-200, 57-3-615, 57-3-618, 57-5-1490, AND 57-5-1495 RELATING TO THE CONSTRUCTION OF TOLL ROADS BY THE DEPARTMENT OF TRANSPORTATION, THE DEPARTMENT'S AUTHORITY TO ENTER INTO AGREEMENTS WITH VARIOUS ENTITIES TO CONSTRUCT, OPERATE, AND MAINTAIN HIGHWAY FACILITIES, THE PROJECTS THAT MAY BE CONSTRUCTED WITH TOLL REVENUES, THE IMPOSITION AND COLLECTION OF A TOLL ALONG INTERSTATE 73, THE PENALTY FOR FAILURE TO PAY A TOLL, AND THE COLLECTION OF TOLLS.
Rep. SANDIFER moved to adjourn debate upon the following Bill until Tuesday, February 16, which was adopted:
S. 636 (Word version) -- Senators Thomas and Ford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 64 TO TITLE 38 SO AS TO ENACT THE "LIFE SETTLEMENTS ACT"; TO PROVIDE FOR THE REGULATION OF A LIFE SETTLEMENT CONTRACT; TO PROVIDE FOR THE PROTECTION OF PERSONS ENTERING INTO THESE AGREEMENTS REGARDING CONTRACTUAL AND PROPERTY RIGHTS OF A LIFE INSURANCE POLICY OWNER AND AUTHORIZE THE DIRECTOR OF INSURANCE TO ENFORCE THE PROVISIONS OF THIS CHAPTER; TO PROVIDE FOR THE LICENSING OF A BROKER OR PRODUCER TO ENTER INTO LIFE SETTLEMENT CONTRACTS; TO PROVIDE FOR THE SUSPENSION, REVOCATION, OR REFUSAL TO RENEW THESE LICENSES; TO PROVIDE FOR CONTRACT REQUIREMENTS, REPORTING AND PRIVACY REQUIREMENTS; TO AUTHORIZE THE DIRECTOR TO EXAMINE THE BUSINESS AND AFFAIRS OF A LICENSEE OR APPLICANT, PROVIDE FOR EXAMINATION REPORTS AND CONFIDENTIALITY OF EXAMINATION INFORMATION, PROHIBIT CONFLICT OF
INTEREST BY AN EXAMINER, AND PROVIDE FOR IMMUNITY FROM LIABILITY; TO PROVIDE FOR ADVERTISING REQUIREMENTS OF A BROKER OR LICENSED PROVIDER; TO PROVIDE FOR CERTAIN DISCLOSURES TO AN OWNER; TO PROVIDE DISCLOSURE BY A PROPOSED OWNER OF A LIFE INSURANCE POLICY IF THE OWNER INTENDS TO PAY PREMIUMS WITH THE ASSISTANCE OF FINANCING FROM A LENDER THAT WILL USE THE POLICY AS COLLATERAL TO SUPPORT THE FINANCING; TO REQUIRE A PROVIDER ENTERING INTO A LIFE SETTLEMENT CONTRACT WITH AN OWNER OF THE POLICY WHERE THE INSURED IS TERMINALLY OR CHRONICALLY ILL TO OBTAIN CERTAIN INFORMATION; TO AUTHORIZE THE DIRECTOR TO PROMULGATE REGULATIONS TO IMPLEMENT AND EFFECTUATE THE PROVISIONS OF THIS CHAPTER; TO PROVIDE FOR PROHIBITIVE PRACTICES, FRAUD PREVENTION, AND CONTROL; AND TO PROVIDE PENALTIES FOR VIOLATIONS.
Rep. G. M. SMITH moved to adjourn debate upon the following Bill until Thursday, January 14, which was adopted:
S. 186 (Word version) -- Senators McConnell and Campsen: A BILL TO AMEND SECTION 15-77-300, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ALLOWANCE OF ATTORNEY'S FEES IN STATE-INITIATED ACTIONS, SO AS TO LIMIT THE FEE TO A REASONABLE TIME EXPENDED AT A REASONABLE RATE.
Rep. VICK moved that the House recur to the Morning Hour, which was agreed to.
The following was introduced:
H. 4304 (Word version) -- Reps. D. C. Moss and V. S. Moss: A HOUSE RESOLUTION TO CONGRATULATE THE GAFFNEY HIGH SCHOOL BASEBALL TEAM OF CHEROKEE COUNTY ON ITS EXCITING AAAA STATE CHAMPIONSHIP WIN, AND TO
HONOR THE PLAYERS AND COACH JEFF OSMENT ON A SUPERB SEASON.
The Resolution was adopted.
On motion of Rep. D. C. MOSS, with unanimous consent, the following was taken up for immediate consideration:
H. 4305 (Word version) -- Rep. D. C. Moss: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE GAFFNEY HIGH SCHOOL BASEBALL TEAM, COACH, AND SCHOOL OFFICIALS, AT A DATE AND TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF RECOGNIZING AND COMMENDING THEM ON THEIR OUTSTANDING SEASON AND FOR CAPTURING THE 2009 CLASS AAAA STATE CHAMPIONSHIP TITLE.
Be it resolved by the House of Representatives:
That the privilege of the floor of the South Carolina House of Representatives be extended to the Gaffney High School baseball team, coach, and school officials, at a date and time to be determined by the Speaker, for the purpose of recognizing and commending them on their outstanding season and for capturing the 2009 Class AAAA State Championship title.
The Resolution was adopted.
The following was introduced:
H. 4306 (Word version) -- Reps. D. C. Moss and V. S. Moss: A HOUSE RESOLUTION TO RECOGNIZE AND COMMEND THE GAFFNEY HIGH SCHOOL GIRLS SOFTBALL TEAM FOR A SUCCESSFUL SEASON AND TO CONGRATULATE THE PLAYERS, COACHES AND SCHOOL OFFICIALS FOR CAPTURING THE 2009 CLASS AAAA STATE CHAMPIONSHIP TITLE.
The Resolution was adopted.
On motion of Rep. D. C. MOSS, with unanimous consent, the following was taken up for immediate consideration:
H. 4307 (Word version) -- Rep. D. C. Moss: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE GAFFNEY HIGH SCHOOL GIRLS SOFTBALL TEAM, COACHES, AND SCHOOL OFFICIALS OF CHEROKEE COUNTY, AT A DATE AND TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF RECOGNIZING AND COMMENDING THEM ON THEIR OUTSTANDING SEASON AND FOR CAPTURING THE 2009 CLASS AAAA STATE CHAMPIONSHIP TITLE.
Be it resolved by the House of Representatives:
That the privilege of the floor of the South Carolina House of Representatives be extended to the Gaffney High School girls softball team, coaches, and school officials of Cherokee County, at a date and time to be determined by the Speaker, for the purpose of recognizing and commending them on their outstanding season and for capturing the 2009 Class AAAA State Championship title.
The Resolution was adopted.
The following was introduced:
H. 4308 (Word version) -- Rep. D. C. Moss: A HOUSE RESOLUTION TO RECOGNIZE AND COMMEND THE CRESTVIEW ELEMENTARY SCHOOL ODYSSEY OF THE MIND TEAM OF GREENVILLE COUNTY FOR ITS INCREDIBLE WORLD CHAMPIONSHIP WIN AT THE ODYSSEY OF THE MIND WORLD FINALS, AND TO WISH THE STUDENTS, TEACHERS, AND SCHOOL ADMINISTRATION ALL THE BEST IN FUTURE COMPETITION.
The Resolution was adopted.
On motion of Rep. D. C. MOSS, with unanimous consent, the following was taken up for immediate consideration:
H. 4309 (Word version) -- Rep. D. C. Moss: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR TO THE STUDENTS, FACULTY, AND SCHOOL ADMINISTRATION OF THE CRESTVIEW ELEMENTARY SCHOOL ODYSSEY OF THE MIND TEAM OF GREENVILLE COUNTY, AT A DATE AND TIME TO BE DETERMINED BY THE SPEAKER, TO RECOGNIZE THEM FOR THEIR WORLD CHAMPIONSHIP WIN AT THE ODYSSEY OF THE MIND WORLD FINALS.
Be it resolved by the House of Representatives:
That the privilege of the floor of the House of Representative be extended to the students, faculty, and school administration of the Crestview Elementary School Odyssey of the Mind Team of Greenville County, at a date and time to be determined by the Speaker, for the purpose of recognizing them for their World Championship win at the Odyssey of the Mind World Finals.
The Resolution was adopted.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 4310 (Word version) -- Rep. Clemmons: A BILL TO AMEND SECTION 4-10-970, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO USES ALLOWED FOR REVENUES OF THE LOCAL OPTION TOURISM DEVELOPMENT FEE, SO AS TO ALLOW AMOUNTS UP TO TWENTY PERCENT OF THE REVENUE TO BE USED FOR PROPERTY TAX RELIEF FOR OWNER-OCCUPIED RESIDENTIAL PROPERTY AND FOR TOURISM-RELATED CAPITAL PROJECTS BEGINNING IN THE SECOND RATHER THAN THE THIRD YEAR OF IMPOSITION OF THE FEE, TO REQUIRE THE AMOUNTS USED FOR THESE PURPOSES TO BE RETAINED BY THE MUNICIPALITY WITH AT LEAST TWENTY PERCENT OF THE AMOUNT RETURNED USED AS A CREDIT AGAINST THE PROPERTY TAX LIABILITY OF OWNER-
OCCUPIED RESIDENTIAL PROPERTY AND PROVIDE FOR THE CALCULATION OF THE CREDIT, AND TO PROVIDE FOR THE USE OF CREDITS IN EXCESS OF THE MUNICIPAL PROPERTY TAX LIABILITY.
Rep. CLEMMONS asked unanimous consent to have the Bill placed on the Calendar without reference.
Rep. HART objected.
Referred to Committee on Ways and Means
H. 4324 (Word version) -- Rep. Funderburk: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-5-185 SO AS TO AUTHORIZE A PERSON TO REGISTER TO VOTE ELECTRONICALLY ON THE INTERNET WEBSITE OF THE STATE ELECTION COMMISSION, TO PROVIDE A PROCEDURE FOR THIS TYPE OF REGISTRATION AND AUTHORIZE THE STATE ELECTION COMMISSION TO PROMULGATE REGULATIONS TO EFFECTUATE THE PROVISIONS OF THIS ACT.
Referred to Committee on Judiciary
H. 4325 (Word version) -- Rep. Kirsh: A BILL TO AMEND SECTION 11-9-890, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REVENUE ESTIMATES BY THE BOARD OF ECONOMIC ADVISORS AND ACTIONS REQUIRED BY THE STATE BUDGET AND CONTROL BOARD TO AVOID YEAR-END DEFICITS, SO AS TO REVISE THE CRITERIA WHICH REQUIRES THE STATE BUDGET AND CONTROL BOARD TO TAKE THIS ACTION.
Referred to Committee on Ways and Means
H. 4326 (Word version) -- Reps. Limehouse, Gilliard, Sottile, Rice, Stavrinakis and Umphlett: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-1030 SO AS TO CREATE THE OFFENSE OF THREATENING A MEMBER, OFFICIAL, OR EMPLOYEE OF THE ARMED FORCES OF THE UNITED STATES AND TO PROVIDE A PENALTY.
Referred to Committee on Judiciary
H. 4327 (Word version) -- Reps. Sottile, Erickson, Whipper, Gilliard, Hardwick, Hearn, Herbkersman, Horne, Hutto, Stavrinakis, Wylie and A. D. Young: A BILL TO AMEND SECTION 61-4-120, AS
AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SUNDAY SALES OF WINE OR BEER AND RESTRICTIONS AND EXCEPTIONS, SO AS TO PROVIDE AN ADDITIONAL EXCEPTION AND ALLOW FOR THE ISSUANCE OF A SPECIAL "SEVENTH DAY OPTION" LICENSE UPON PAYMENT OF A FEE TO ESTABLISHMENTS ALREADY LICENSED TO SELL WINE OR BEER IN THE STATE.
Referred to Committee on Ways and Means
H. 4328 (Word version) -- Reps. R. L. Brown, Hodges, Whipper, Duncan and M. A. Pitts: A BILL TO AMEND SECTION 44-96-380, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONSTRUCTION, DEMOLITION, AND LANDCLEARING LANDFILLS, SO AS TO PROVIDE A SPECIFIC MANNER FOR THE CONSTRUCTION OF THESE LANDFILLS.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs
H. 4329 (Word version) -- Reps. Bingham, Gunn, Simrill, Hutto, Mitchell, Gilliard, Wylie, Vick, Stewart, Barfield, Erickson, Brady, A. D. Young, Anderson, Knight, Millwood, J. R. Smith, Willis, Bales, Allison, Clemmons, Cole, Delleney, Haley, Hamilton, Hardwick, Harrison, Hart, Harvin, Hearn, Herbkersman, Horne, Hosey, Jefferson, Kelly, Littlejohn, V. S. Moss, Parker, Sellers, Viers, Weeks, Williams and T. R. Young: A BILL TO AMEND SECTION 40-45-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING, AMONG OTHER THINGS, TO LICENSURE OF PHYSICAL THERAPISTS AND GROUNDS FOR SANCTIONS AGAINST LICENSEES, SO AS TO REVISE THE PROHIBITION AGAINST A LICENSEE WHO IS INVOLVED IN THE DIVIDING, TRANSFERRING, ASSIGNING, REBATING, OR REFUNDING OF FEES RECEIVED FOR PROFESSIONAL SERVICES BY CERTAIN MEANS BY DELETING THE REFERENCE TO "WAGES", AS A MEANS OF ENGAGING IN THE PROHIBITED CONDUCT, AND TO FURTHER SPECIFY ARRANGEMENTS THAT MAY EXIST BETWEEN A PHYSICAL THERAPIST AND A PHYSICIAN WHICH MAY NOT BE CONSIDERED CONDUCT SUBJECT TO SANCTIONS BY THE BOARD OF PHYSICAL THERAPY EXAMINERS.
Referred to Committee on Medical, Military, Public and Municipal Affairs
The following was introduced:
H. 4311 (Word version) -- Reps. Govan, Ott, Cobb-Hunter, Hosey, Clyburn, Sellers, Spires, 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, Cole, Cooper, Crawford, Daning, Delleney, Dillard, Duncan, Edge, Erickson, Forrester, Frye, Funderburk, Gambrell, Gilliard, 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, Owens, Parker, Parks, Pinson, E. H. Pitts, M. A. Pitts, Rice, Rutherford, Sandifer, Scott, Simrill, Skelton, D. C. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, Sottile, 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 AND COMMEND THE ATHLETES OF THE SOUTH CAROLINA STATE UNIVERSITY FOOTBALL TEAM OF ORANGEBURG COUNTY FOR COMPLETING A SUCCESSFUL SEASON AND TO CONGRATULATE THEIR COACHES, SCHOOL OFFICIALS, AND FOOTBALL PLAYERS FOR CAPTURING THE 2009 MID-EASTERN ATHLETIC CONFERENCE CHAMPIONSHIP TITLE.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
On motion of Rep. GOVAN, with unanimous consent, the following was taken up for immediate consideration:
H. 4312 (Word version) -- Reps. Govan, Ott, Cobb-Hunter, Hosey, Clyburn and Sellers: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE SOUTH CAROLINA STATE UNIVERSITY FOOTBALL TEAM, COACHES, AND SCHOOL
OFFICIALS OF ORANGEBURG COUNTY, AT A DATE AND TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF RECOGNIZING AND COMMENDING THEM ON THEIR OUTSTANDING SEASON AND FOR CAPTURING THE 2009 MID-EASTERN ATHLETIC CONFERENCE CHAMPIONSHIP TITLE.
Be it resolved by the House of Representatives:
That the privilege of the floor of the South Carolina House of Representatives be extended to the South Carolina State University football team, coaches, and school officials of Orangeburg County, at a date and time to be determined by the Speaker, for the purpose of recognizing and commending them on their outstanding season and for capturing the 2009 Mid-Eastern Athletic Conference Championship title.
The Resolution was adopted.
The following was introduced:
H. 4313 (Word version) -- Reps. T. R. Young, Agnew, J. R. Smith, Frye, Hardwick, Gambrell, 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, Funderburk, Gilliard, Govan, Gunn, Haley, Hamilton, 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, Sottile, Spires, Stavrinakis, Stewart, Stringer, Thompson, Toole, Umphlett, Vick, Viers, Weeks, Whipper, White, Whitmire, Williams, Willis, Wylie and A. D. Young: A CONCURRENT RESOLUTION TO EXPRESS THE PROFOUND SYMPATHY OF THE GENERAL
ASSEMBLY UPON THE DEATH OF GRADY L. PATTERSON, JR., TO HONOR HIS LONG HISTORY OF SERVICE AND DEDICATION TO THE STATE OF SOUTH CAROLINA AND TO THE COUNTRY, AND TO REMEMBER AND APPRECIATE HIS WORK AS THE STATE TREASURER OF SOUTH CAROLINA AND THE LEGACY HE LEAVES BEHIND FOR ALL SOUTH CAROLINIANS.
Whereas, Grady L. Patterson, Jr. was born in Calhoun Falls in Abbeville County on January 13, 1924. He attended Clemson University and received his undergraduate and law degrees from the University of South Carolina. For eight years he served as an Assistant Attorney General before being elected to the office of State Treasurer in 1966; and
Whereas, Mr. Patterson held this esteemed position until 1994 and then was reelected to the post again in 1998, serving for more than thirty-five years as State Treasurer. During this service, he was a staunch steward of fiscal responsibility and advocated for many constitutional and legislative protections which included the establishment of a reserve fund to cover budget shortfalls, an annual debt limit, and a requirement that pension funds be used only for retirement purposes; and
Whereas, he not only faithfully served his beloved State, but was a true patriot to this great nation as well. Grady Patterson was a fighter pilot in World War II, flying combat missions from Iwo Jima in the Pacific. He served in the Air Force during both the Korean War and the Berlin crisis. He served as Chief of the South Carolina Air National Guard and was active in the Guard for forty years, ultimately earning the rank of Lieutenant General; and
Whereas, Mr. Patterson was a dedicated servant of the Lord, a steadfast witness of the Christian faith, who served as a shining example to friends and family alike; and
Whereas, the members of the General Assembly were greatly saddened to learn of the death of this truly beloved South Carolina son on December 7, 2009, but take comfort in the knowledge that his legacy lives on not only through his service but through the loved ones he leaves to carry on his belief that "character counts." He is survived
by the love of his life and wife of fifty-seven years, Marjorie, six children, and thirteen grandchildren. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly, by this resolution, express their profound sympathy upon the death of Grady L. Patterson, Jr., honor his long history of service and dedication to the State of South Carolina and to the country, and remember and appreciate his work as the State Treasurer of South Carolina and the legacy he leaves behind for all South Carolinians.
Be it further resolved that a copy of this resolution be forwarded to Mrs. Grady L. Patterson, Jr.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4314 (Word version) -- Reps. Huggins, Ballentine and McLeod: A CONCURRENT RESOLUTION TO CONGRATULATE THE CHAPIN HIGH SCHOOL COMPETITIVE CHEERLEADING TEAM ON ITS IMPRESSIVE WIN OF THE SOUTH CAROLINA HIGH SCHOOL LEAGUE'S 2009 CLASS AAA STATE CHEERLEADING CHAMPIONSHIP, AND TO HONOR THE TEAM, HEAD COACH VICKI WILLIAMS, AND ASSISTANT COACH BILLIE WILLIAMS ON ANOTHER OUTSTANDING SEASON.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
On motion of Rep. HUGGINS, with unanimous consent, the following was taken up for immediate consideration:
H. 4315 (Word version) -- Reps. Huggins, Ballentine and McLeod: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO
THE CHAPIN HIGH SCHOOL COMPETITIVE CHEERLEADING TEAM, COACHES, AND SCHOOL OFFICIALS, AT A DATE AND TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF BEING RECOGNIZED AND COMMENDED ON WINNING THE CLASS AAA STATE CHEERLEADING CHAMPIONSHIP.
Be it resolved by the House of Representatives:
That the privilege of the floor of the South Carolina House of Representatives be extended to the Chapin High School Competitive Cheerleading Team, coaches, and school officials, at a date and time to be determined by the Speaker, for the purpose of being recognized and commended on winning the Class AAA State Cheerleading Championship.
The Resolution was adopted.
The following was introduced:
H. 4316 (Word version) -- Reps. R. L. Brown, Gilliard, Stavrinakis, Mack, Jefferson, Scott, Whipper and Daning: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE INTERSECTION OF UNITED STATES HIGHWAY 17 AND DAVIDSON ROAD IN CHARLESTON COUNTY "WILLIE FRAZIER, SR. INTERSECTION" AND ERECT APPROPRIATE MARKERS OR SIGNS AT THIS INTERSECTION THAT CONTAIN THE WORDS "WILLIE FRAZIER, SR. INTERSECTION".
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following was introduced:
H. 4317 (Word version) -- Reps. Harrell, Limehouse and Sottile: A CONCURRENT RESOLUTION TO COMMEND AND CONGRATULATE LUCY G. BECKHAM, PRINCIPAL OF WANDO HIGH SCHOOL IN MOUNT PLEASANT, FOR BEING NAMED THE 2010 NATIONAL HIGH
SCHOOL PRINCIPAL OF THE YEAR AND TO WISH HER MUCH SUCCESS AND HAPPINESS IN HER FUTURE ENDEAVORS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4318 (Word version) -- Reps. T. R. Young, Stewart, J. R. Smith, Clyburn, D. C. Smith, Spires, Hosey and Sellers: A CONCURRENT RESOLUTION TO REGISTER THE STRONG OBJECTION OF THE SOUTH CAROLINA GENERAL ASSEMBLY TO THE FEDERAL GOVERNMENT'S DECISION TO ABANDON YUCCA MOUNTAIN AS THE PREFERRED PERMANENT REPOSITORY FOR DEFENSE NUCLEAR WASTE AND COMMERCIAL SPENT FUEL.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following was introduced:
H. 4319 (Word version) -- Reps. Millwood, Mitchell, Allison, Cole, Forrester, Kelly, Littlejohn and Parker: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF SOUTH CAROLINA HIGHWAY 11 IN SPARTANBURG COUNTY FROM ITS INTERSECTION WITH THE WESTERN LIMIT OF THE CITY OF CHESNEE TO PARRIS BRIDGE ROAD "BRIGADIER GENERAL STEPHEN M. TWITTY HIGHWAY", AND ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS PORTION OF HIGHWAY THAT CONTAIN THE WORDS "BRIGADIER GENERAL STEPHEN M. TWITTY HIGHWAY".
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following was introduced:
H. 4320 (Word version) -- Rep. Millwood: A CONCURRENT RESOLUTION TO CONGRATULATE BRIGADIER GENERAL STEPHEN M. TWITTY OF THE U.S. ARMY UPON THE OCCASION OF HIS PROMOTION TO BRIGADIER GENERAL, TO COMMEND HIM FOR HIS MANY YEARS OF DEDICATED MILITARY SERVICE, AND TO WISH HIM MUCH HAPPINESS AND FULFILLMENT IN ALL HIS FUTURE ENDEAVORS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4321 (Word version) -- Rep. Anderson: A HOUSE RESOLUTION TO HONOR AND RECOGNIZE KELLY THOMAS OF WILLIAMSBURG COUNTY, UPON THE OCCASION OF HIS EIGHTY-FOURTH BIRTHDAY, AND TO WISH HIM MUCH HEALTH AND HAPPINESS IN THE YEARS AHEAD.
The Resolution was adopted.
The following was introduced:
H. 4322 (Word version) -- Reps. Allison, Cole, Forrester, Littlejohn, Millwood, Mitchell and Parker: A HOUSE RESOLUTION TO COMMEND AND RECOGNIZE MRS. CLARA EDWARDS OF SPARTANBURG COUNTY FOR THIRTY-SEVEN YEARS OF SERVICE TO THE HOLLY SPRINGS COMMUNITY AS A FOUNDING MEMBER OF THE HOLLY SPRINGS FIRE DEPARTMENT.
The Resolution was adopted.
The following was introduced:
H. 4323 (Word version) -- Reps. J. E. Smith, Agnew, Alexander, Allen, Allison, Anderson, Anthony, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bingham, Bowen, Bowers, Brady, Branham, Brantley, G. A. Brown, H. B. Brown, R. L. Brown, Cato, Chalk, Clemmons, Clyburn, Cobb-Hunter, Cole, Cooper, Crawford, Daning, Delleney, Dillard, Duncan, Edge, Erickson, Forrester, Frye, Funderburk, Gambrell, Gilliard, Govan, Gunn, Haley, Hamilton, Hardwick, Harrell, Harrison, Hart, Harvin, Hayes, Hearn, Herbkersman, Hiott, Hodges, Horne, Hosey, Howard, Huggins, Hutto, Jefferson, Jennings, Kelly, Kennedy, King, Kirsh, Knight, Limehouse, Littlejohn, Loftis, Long, Lowe, Lucas, Mack, McEachern, McLeod, Merrill, Miller, Millwood, Mitchell, D. C. Moss, V. S. Moss, Nanney, J. H. Neal, J. M. Neal, Neilson, Norman, Ott, Owens, Parker, Parks, Pinson, E. H. Pitts, M. A. Pitts, Rice, Rutherford, Sandifer, Scott, Sellers, Simrill, Skelton, D. C. Smith, G. M. Smith, G. R. 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 CONGRATULATE KARIS MAZYCK OF RICHLAND COUNTY ON BEING NAMED THE 2010 MIDDLE SCHOOL ASSISTANT PRINCIPAL OF THE YEAR FOR THE STATE OF SOUTH CAROLINA, TO COMMEND HER FOR HER YEARS OF DEDICATED SERVICE AND OUTSTANDING CONTRIBUTIONS TO EDUCATION IN SOUTH CAROLINA, AND TO WISH HER MUCH SUCCESS IN ALL HER FUTURE ENDEAVORS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
Rep. LITTLEJOHN moved that the House do now adjourn, which was agreed to.
At 11:35 a.m. the House, in accordance with the motion of Rep. T. R. YOUNG, adjourned in memory of former State Treasurer Grady L. Patterson, Jr., to meet at 10:00 a.m. tomorrow.
This web page was last updated on Friday, March 4, 2011 at 11:45 A.M.