South Carolina General Assembly
119th Session, 2011-2012
Journal of the House of Representatives


Printed Page 1038 . . . . . Wednesday, February 16, 2011

Wednesday, February 16, 2011
(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 Ecclesiastes 9:10: "Whatever your hand finds to do, do it with all your might."
Let us pray. Gracious God, You have called each of these Representatives to service in this place. Lead them in doing the work they have promised for Your people. Guide them in the decisions to be made, that what they do will be for the betterment of this State. Let Your presence be known to each and every person as they perform their appointed tasks. Bless our Nation, President, State, Governor, Speaker, staff, and all who serve in these Halls of Government. Protect our defenders of freedom as they protect us. Heal the wounds of our brave warriors, those seen and those unseen. 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. HORNE moved that when the House adjourns, it adjourn in memory of Miriam Ann Beeson of Summerville, which was agreed to.

SILENT PRAYER

The House stood in silent prayer for Representative Umphlett who is having health problems.


Printed Page 1039 . . . . . Wednesday, February 16, 2011

REPORTS OF STANDING COMMITTEES

Rep. SANDIFER, from the Committee on Labor, Commerce and Industry, submitted a favorable report with amendments on:

H. 3413 (Word version) -- Reps. Sandifer and Brady: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 140 TO TITLE 44 SO AS TO ESTABLISH THE SOUTH CAROLINA HEALTH INFORMATION EXCHANGE (SCHIEX), TO ESTABLISH THE SOUTH CAROLINA HEALTH INFORMATION EXCHANGE COUNCIL AS THE GOVERNING BODY OF SCHIEX TO OVERSEE AND GOVERN THE EXCHANGE OF HEALTH-RELATED INFORMATION THROUGH SCHIEX, TO PROVIDE FOR THE COUNCIL'S POWERS AND DUTIES, AND TO FURTHER PROVIDE FOR THE ELECTRONIC MOVEMENT OF HEALTH-RELATED INFORMATION THROUGH SCHIEX; AND TO AMEND SECTION 8-17-370, AS AMENDED, RELATING TO EXEMPTIONS FROM THE STATE EMPLOYEE GRIEVANCE PROCEDURES, SO AS TO INCLUDE THE EXECUTIVE DIRECTOR OF SCHIEX IN THESE EXEMPTIONS.
Ordered for consideration tomorrow.

Rep. SANDIFER, from the Committee on Labor, Commerce and Industry, submitted a favorable report with amendments on:

H. 3584 (Word version) -- Reps. Sandifer and Gambrell: A BILL TO AMEND SECTION 58-37-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FINANCING AGREEMENTS FOR THE INSTALLATION OF CERTAIN ENERGY-EFFICIENCY AND CONSERVATION IMPROVEMENTS, SO AS TO CORRECT AN ERRONEOUS CROSS-REFERENCE, AND TO PROVIDE WHERE AN ELECTRICITY OR NATURAL GAS PROVIDER CONTRACTS WITH A THIRD PARTY TO PERFORM CERTAIN FUNCTIONS, THE LIABILITY OF THE THIRD PARTY IS LIMITED IN A SPECIFIC MANNER.
Ordered for consideration tomorrow.


Printed Page 1040 . . . . . Wednesday, February 16, 2011

Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report with amendments on:

H. 3066 (Word version) -- Reps. G. R. Smith, Daning, Ballentine, Harrison, Allison, Hamilton, G. M. Smith, Bingham, Long, Henderson, Erickson and Horne: A BILL TO ENACT THE "SOUTH CAROLINA RESTRUCTURING ACT OF 2011" INCLUDING PROVISIONS TO AMEND SECTION 1-30-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AGENCIES OF THE EXECUTIVE BRANCH OF STATE GOVERNMENT BY ADDING THE DEPARTMENT OF ADMINISTRATION; BY ADDING SECTION 1-30-125 SO AS TO ESTABLISH THE DEPARTMENT OF ADMINISTRATION AS AN AGENCY OF THE EXECUTIVE BRANCH OF STATE GOVERNMENT TO BE HEADED BY A DIRECTOR APPOINTED BY THE GOVERNOR UPON THE ADVICE AND CONSENT OF THE GENERAL ASSEMBLY, AND TO TRANSFER TO THIS NEWLY CREATED DEPARTMENT CERTAIN OFFICES AND DIVISIONS OF THE STATE BUDGET AND CONTROL BOARD, OFFICE OF THE GOVERNOR, AND OTHER AGENCIES, AND TO PROVIDE FOR TRANSITIONAL AND OTHER PROVISIONS NECESSARY TO ACCOMPLISH THE ABOVE; BY ADDING CHAPTER 2 TO TITLE 2 SO AS TO PROVIDE FOR LEGISLATIVE OVERSIGHT OF EXECUTIVE DEPARTMENTS AND THE PROCESSES AND PROCEDURES TO BE FOLLOWED IN CONNECTION WITH THIS OVERSIGHT; TO AMEND SECTIONS 1-11-20, AS AMENDED, 1-11-22, 1-11-55, 1-11-56, 1-11-58, 1-11-65, 1-11-67, 1-11-70, 1-11-80, 1-11-90, 1-11-100, 1-11-110, 1-11-180, 1-11-220, 1-11-225, 1-11-250, 1-11-260, 1-11-270, 1-11-280, 1-11-290, 1-11-300, 1-11-310, AS AMENDED, 1-11-315, 1-11-320, 1-11-335, 1-11-340, 1-11-435, 2-13-240, CHAPTER 9, TITLE 3; 10-1-10, 10-1-30, AS AMENDED, 10-1-40, 10-1-130, 10-1-190, CHAPTER 9, TITLE 10, 10-11-50, AS AMENDED, 10-11-90, 10-11-110, 10-11-140, 10-11-330; 11-9-610, 11-9-620, 11-9-630, 11-35-3810, AS AMENDED, 11-35-3820, AS AMENDED, 11-35-3830, AS AMENDED, 11-35-3840, AS AMENDED, 13-7-30, AS AMENDED, 13-7-830, AS AMENDED, 44-53-530, AS AMENDED, AND 44-96-140; 48-46-30, 48-46-40, 48-46-50, 48-46-60, 48-46-90, 48-52-410, 48-52-440, AND 48-52-460; AND BY ADDING SECTION 1-11-185 RELATING TO VARIOUS AGENCY OR DEPARTMENT PROVISIONS SO AS TO CONFORM THEM TO THE ABOVE PROVISIONS PERTAINING


Printed Page 1041 . . . . . Wednesday, February 16, 2011

TO THE NEW DEPARTMENT OF ADMINISTRATION OR TO SUPPLEMENT SUCH PROVISIONS.
Ordered for consideration tomorrow.

Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report with amendments on:

H. 3178 (Word version) -- Reps. Pitts, Limehouse, Hixon and Long: A BILL TO AMEND SECTION 61-4-550, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIAL PERMITS FOR THE SALE OF BEER AND WINE, SO AS TO REMOVE SPECIFIC REFERENCES TO NONPROFIT ORGANIZATIONS.
Ordered for consideration tomorrow.

Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report on:

H. 3152 (Word version) -- Reps. Young, Daning, Harrison, Allison, G. R. Smith, Stringer, Taylor, Forrester, Hamilton, Murphy, G. M. Smith, Bingham, Long, Patrick, Viers, Funderburk and Horne: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 8, ARTICLE IV OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE ELECTION, QUALIFICATIONS, AND TERM OF THE LIEUTENANT GOVERNOR, SO AS TO PROVIDE FOR THE JOINT ELECTION OF GOVERNOR AND LIEUTENANT GOVERNOR.
Ordered for consideration tomorrow.

Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report on:

H. 3070 (Word version) -- Reps. Young, Harrison, G. R. Smith, H. B. Brown, Taylor, Hamilton, Murphy, G. M. Smith, Bingham, Long, Patrick, Viers, Funderburk and Horne: 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


Printed Page 1042 . . . . . Wednesday, February 16, 2011

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 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.
Ordered for consideration tomorrow.

Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report with amendments on:

H. 3417 (Word version) -- Rep. Funderburk: A BILL TO AMEND SECTION 6-11-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY TO ESTABLISH SPECIAL PURPOSE OR PUBLIC SERVICE DISTRICTS, SO AS TO INCLUDE THE PROVISION OF EMERGENCY MEDICAL AND RESCUE RESPONSE SERVICES AS AN AUTHORIZED PURPOSE FOR WHICH A SPECIAL PURPOSE OR PUBLIC SERVICE DISTRICT MAY BE ESTABLISHED.
Ordered for consideration tomorrow.

Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report on:

H. 3392 (Word version) -- Reps. Clemmons, Sellers and Allen: A BILL TO AMEND SECTION 7-13-35, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIRED NOTICE FOR GENERAL, MUNICIPAL, SPECIAL, AND PRIMARY ELECTIONS, SO AS TO CHANGE THE POSTED TIME AT WHICH ABSENTEE BALLOTS MAY BEGIN TO BE EXAMINED FROM 2:00 P.M. TO 9:00 A.M. AND TO REQUIRE NOTIFICATION OF THE DATE THE MAKE-UP ELECTION WILL BE HELD IN THE EVENT OF INCLEMENT WEATHER OR OTHER EMERGENCY; TO AMEND SECTION 7-13-40, AS AMENDED, RELATING TO THE DATE BY WHICH THE PARTY CHAIRMAN, VICE CHAIRMAN, OR SECRETARY MUST


Printed Page 1043 . . . . . Wednesday, February 16, 2011

PROVIDE WRITTEN CERTIFICATION OF THE CANDIDATES' NAMES TO THE STATE ELECTION COMMISSION, SO AS TO CHANGE THE DATE FROM APRIL NINTH TO APRIL FIFTH; TO AMEND SECTION 7-13-190, AS AMENDED, RELATING TO SPECIAL ELECTIONS, SO AS TO PROVIDE THAT IF THE GOVERNOR DECLARES A STATE OF EMERGENCY COVERING AN ENTIRE JURISDICTION HOLDING AN ELECTION, THE ELECTION MUST BE POSTPONED AND HELD ON THE NEXT TUESDAY; AND TO AMEND SECTION 7-13-350, AS AMENDED, RELATING TO THE CERTIFICATION OF CANDIDATES, SO AS TO CHANGE THE DATE BY WHICH CANDIDATES FOR PRESIDENT AND VICE PRESIDENT MUST BE CERTIFIED TO THE STATE ELECTION COMMISSION FROM SEPTEMBER TENTH TO THE FIRST TUESDAY FOLLOWING THE FIRST MONDAY IN SEPTEMBER.
Ordered for consideration tomorrow.

Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report with amendments on:

H. 3349 (Word version) -- Reps. Clemmons, Sellers and Allen: A BILL TO AMEND SECTION 7-5-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE QUALIFICATIONS FOR REGISTRATION TO VOTE, SO AS TO AUTHORIZE A UNITED STATES CITIZEN OUTSIDE THE UNITED STATES UNDER CERTAIN CONDITIONS TO BE ELIGIBLE TO REGISTER AND VOTE WHERE HIS PARENT IS A QUALIFIED ELECTOR; AND TO AMEND SECTION 7-15-110, AS AMENDED, RELATING TO PERSONS QUALIFIED TO VOTE BY ABSENTEE BALLOT, SO AS TO AUTHORIZE A PERSON TO VOTE BY ABSENTEE BALLOT IF HE OR A PARENT LAST RESIDED IN THIS STATE IMMEDIATELY BEFORE HIS OR HIS PARENT'S DEPARTURE FROM THE UNITED STATES.
Ordered for consideration tomorrow.

HOUSE RESOLUTION

The following was introduced:

H. 3690 (Word version) -- Reps. Mitchell, Agnew, Alexander, Allen, Allison, Anderson, Anthony, Atwater, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bikas, Bingham, Bowen, Bowers, Brady,


Printed Page 1044 . . . . . Wednesday, February 16, 2011

Branham, Brannon, Brantley, G. A. Brown, H. B. Brown, R. L. Brown, Butler Garrick, Chumley, Clemmons, Clyburn, Cobb-Hunter, Cole, Cooper, Corbin, Crawford, Crosby, Daning, Delleney, Dillard, Edge, Erickson, Forrester, Frye, Funderburk, Gambrell, Gilliard, Govan, Hamilton, Hardwick, Harrell, Harrison, Hart, Hayes, Hearn, Henderson, Herbkersman, Hiott, Hixon, Hodges, Horne, Hosey, Howard, Huggins, Jefferson, King, Knight, Limehouse, Loftis, Long, Lowe, Lucas, Mack, McCoy, McEachern, McLeod, Merrill, D. C. Moss, V. S. Moss, Munnerlyn, Murphy, Nanney, J. H. Neal, J. M. Neal, Neilson, Norman, Ott, Owens, Parker, Parks, Patrick, Pinson, Pitts, Pope, Quinn, Rutherford, Ryan, Sabb, Sandifer, Sellers, Simrill, Skelton, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, Sottile, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Toole, Tribble, Umphlett, Vick, Viers, Weeks, Whipper, White, Whitmire, Williams, Willis and Young: A HOUSE RESOLUTION TO EXPRESS THE SINCERE SORROW OF THE MEMBERS OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES UPON THE PASSING OF GEORGE WIDEMAN, JR., OF SPARTANBURG COUNTY AND TO EXTEND THEIR DEEPEST SYMPATHY TO HIS LOVING FAMILY AND MANY FRIENDS.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 3691 (Word version) -- Reps. Huggins, Ballentine and Quinn: A HOUSE RESOLUTION TO RECOGNIZE AND COMMEND THE IRMO MIDDLE SCHOOL BOYS BASKETBALL TEAM OF LEXINGTON COUNTY FOR AN OUTSTANDING SEASON, AND TO CONGRATULATE THE TEAM MEMBERS, COACHES, AND SCHOOL OFFICIALS FOR CLINCHING THE 2010 PALMETTO ATHLETIC CONFERENCE CHAMPIONSHIP TITLE.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 3694 (Word version) -- Reps. Huggins, Agnew, Alexander, Allen, Allison, Anderson, Anthony, Atwater, Bales, Ballentine, Bannister, Barfield,


Printed Page 1045 . . . . . Wednesday, February 16, 2011

Battle, Bedingfield, Bikas, Bingham, Bowen, Bowers, Brady, Branham, Brannon, Brantley, G. A. Brown, H. B. Brown, R. L. Brown, Butler Garrick, Chumley, Clemmons, Clyburn, Cobb-Hunter, Cole, Cooper, Corbin, Crawford, Crosby, Daning, Delleney, Dillard, Edge, Erickson, Forrester, Frye, Funderburk, Gambrell, Gilliard, Govan, Hamilton, Hardwick, Harrell, Harrison, Hart, Hayes, Hearn, Henderson, Herbkersman, Hiott, Hixon, Hodges, Horne, Hosey, Howard, Jefferson, King, Knight, Limehouse, Loftis, Long, Lowe, Lucas, Mack, McCoy, McEachern, McLeod, Merrill, Mitchell, D. C. Moss, V. S. Moss, Munnerlyn, Murphy, Nanney, J. H. Neal, J. M. Neal, Neilson, Norman, Ott, Owens, Parker, Parks, Patrick, Pinson, Pitts, Pope, Quinn, Rutherford, Ryan, Sabb, Sandifer, Sellers, Simrill, Skelton, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, Sottile, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Toole, Tribble, Umphlett, Vick, Viers, Weeks, Whipper, White, Whitmire, Williams, Willis and Young: A HOUSE RESOLUTION TO CONGRATULATE DR. JOSEPH KENYON EAST OF LEXINGTON COUNTY, ONE OF SOUTH CAROLINA'S MOST DISTINGUISHED EDUCATORS, ON THE OCCASION OF HIS NINETY-EIGHTH BIRTHDAY, AND TO WISH HIM A JOYOUS BIRTHDAY CELEBRATION AND CONTINUED HEALTH AND HAPPINESS.

The Resolution was adopted.

CONCURRENT RESOLUTION

The following was introduced:

H. 3693 (Word version) -- Reps. Huggins, Agnew, Alexander, Allen, Allison, Anderson, Anthony, Atwater, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bikas, Bingham, Bowen, Bowers, Brady, Branham, Brannon, Brantley, G. A. Brown, H. B. Brown, R. L. Brown, Butler Garrick, Chumley, Clemmons, Clyburn, Cobb-Hunter, Cole, Cooper, Corbin, Crawford, Crosby, Daning, Delleney, Dillard, Edge, Erickson, Forrester, Frye, Funderburk, Gambrell, Gilliard, Govan, Hamilton, Hardwick, Harrell, Harrison, Hart, Hayes, Hearn, Henderson, Herbkersman, Hiott, Hixon, Hodges, Horne, Hosey, Howard, Jefferson, King, Knight, Limehouse, Loftis, Long, Lowe, Lucas, Mack, McCoy, McEachern, McLeod, Merrill, Mitchell, D. C. Moss, V. S. Moss, Munnerlyn, Murphy, Nanney, J. H. Neal, J. M. Neal, Neilson, Norman, Ott, Owens, Parker, Parks, Patrick,


Printed Page 1046 . . . . . Wednesday, February 16, 2011

Pinson, Pitts, Pope, Quinn, Rutherford, Ryan, Sabb, Sandifer, Sellers, Simrill, Skelton, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, Sottile, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Toole, Tribble, Umphlett, Vick, Viers, Weeks, Whipper, White, Whitmire, Williams, Willis and Young: A CONCURRENT RESOLUTION TO DECLARE TUESDAY, FEBRUARY 22, 2011, "SOUTH CAROLINA REALTOR DAY" IN ORDER TO RECOGNIZE AND HONOR THE MANY OUTSTANDING REALTORS AND REAL ESTATE PROFESSIONALS IN OUR STATE.

Whereas, a healthy and happy society must fulfill the desires and aspirations of the majority of its members while protecting the rights of each of its individual entities; and

Whereas, our citizens desire to live in communities where the wonders of our Creator are shaped and preserved and where the prosperity of the members of the society, as well as the animal and plant life indigenous to the environment, is protected and nurtured; and

Whereas, our society has been established and maintained and has prospered based on a recognition of the rights of each individual member, many of the most important of these rights being codified in our nation's Bill of Rights; and

Whereas, our forefathers found it prudent and wise to ensure the protection of an individual's property rights by establishing these rights in both the Fifth and Fourteenth Amendments to the United States Constitution; and

Whereas, homeownership provides a sense of security for South Carolina families and their children and results in better education, more secure neighborhoods, and a better quality of life for our children; and

Whereas, the purchase of a home for most South Carolinians is the single largest investment they will ever make; and

Whereas, all families in South Carolina regardless of race, color, religion, gender, handicap, familial status, or national origin should have the opportunity to pursue the American dream of homeownership; and


Printed Page 1047 . . . . . Wednesday, February 16, 2011

Whereas, housing affordability and choices should be market driven, based on the principles of free enterprise, so the American dream of homeownership can be protected and preserved for future generations of South Carolinians; and

Whereas, South Carolina Realtors is an association with nearly fifteen thousand members and twenty-two local associations throughout the State; and

Whereas, the members of the South Carolina Realtors provide diverse and specialized services in South Carolina in the purchase, sale, leasing, or appraisal of real property, including residential, commercial, industrial, retail development, consulting services, estates, foreclosures, international affairs, investments, luxury homes, property management, and property rehabilitation; and

Whereas, in addition to the unmatched array of member programs, products, and services that South Carolina Realtors provides to its members, the association also provides critical real estate continuing-education resources to real estate professionals in South Carolina through its Graduate Realtor Institute program; and

Whereas, South Carolina Realtors has for many years developed and distributed uniform lease and other common real estate forms that are used and relied on by realtors in South Carolina; and

Whereas, beyond the services it provides to its members and real estate professionals, South Carolina Realtors has taken public-interest positions on local, regional, state, and federal issues relating to the protection of consumers and the real estate industry, including private-property rights, seller disclosure initiatives, and undue taxation; and

Whereas, South Carolina Realtors and its members are truly the keepers of the American dream of homeownership. 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, declare Tuesday, February 22, 2011, "South Carolina


Printed Page 1048 . . . . . Wednesday, February 16, 2011

Realtor Day" in order to recognize and honor the many outstanding realtors and real estate professionals in our State.

Be it further resolved that a copy of this resolution be forwarded to Rusty N. Garrett, 2011 President of South Carolina Realtors.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 564 (Word version) -- Senators Verdin, Alexander, Anderson, Bright, Bryant, Campbell, Campsen, Cleary, Coleman, Courson, Cromer, Davis, Elliott, Fair, Ford, Grooms, Hayes, Hutto, Jackson, Knotts, Land, Leatherman, Leventis, Lourie, Malloy, L. Martin, S. Martin, Massey, Matthews, McConnell, McGill, Nicholson, O'Dell, Peeler, Pinckney, Rankin, Reese, Rose, Ryberg, Scott, Setzler, Sheheen, Shoopman, Thomas and Williams: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND SOUTH CAROLINA'S FFA MEMBERS (FORMERLY KNOWN AS THE FUTURE FARMERS OF AMERICA) AND ALL WHO SUPPORT, PROMOTE, AND ENCOURAGE THESE OUTSTANDING STUDENTS OF AGRICULTURAL EDUCATION AND TO JOIN THEM IN OBSERVANCE OF NATIONAL FFA WEEK, FEBRUARY 19-26, 2011.

Whereas, the FFA, originally known as the "Future Farmers of America", is a national agricultural organization consisting of over 500,000 students enrolled in agricultural education courses in secondary schools, technical colleges, and universities throughout the nation; and

Whereas, FFA members set a positive example for their peers through leadership skills, work ethic, excellence in academics, patriotism, and community service; and

Whereas, FFA members are preparing for more than 300 exciting and rewarding career opportunities in the science, business, or technology of agriculture, which is a leading industry in the Palmetto State and the nation; and


Printed Page 1049 . . . . . Wednesday, February 16, 2011

Whereas, South Carolina FFA members are recognized for their success in and promotion of agricultural education, natural resource conservation, and healthy living at the local, state, national, and international levels. Now, therefore,

Be it resolved by the Senate, the House of Representatives concurring:

That the members of the General Assembly, by this resolution, recognize and commend South Carolina's FFA members (formerly known as the Future Farmers of America) and all who support, promote, and encourage these outstanding students of agricultural education and join them in observance of National FFA Week, February 19-26, 2011.

Be it further resolved that a copy of this resolution be forwarded to the appropriate FFA officials in South Carolina.

The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.

INTRODUCTION OF BILLS

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

H. 3692 (Word version) -- Rep. R. L. Brown: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 39-1-100 SO AS TO PROVIDE THAT A CO-OWNER OR COHEIR OF LAND MAY SELL HIS UNDIVIDED INTEREST IN TIMBER SOLD FROM THE CO-OWNED LAND, TO PROVIDE THAT THE TIMING FOR TIMBER REMOVAL BEGINS FROM THAT DATE, TO PROVIDE THAT A BUYER OF TIMBER MAY NOT REMOVE THE TIMBER WITHOUT THE CONSENT OF THE CO-OWNERS OR COHEIRS UNLESS HE HAS MET CERTAIN CONDITIONS, TO PROVIDE FOR THE RECEIPT OF PAYMENT FOR TIMBER SALES BY NONCONSENTING CO-OWNERS OR COHEIRS, AND TO PROVIDE FOR THEIR INDEMNITY, TO REQUIRE THAT THE FUNDS OF A NONCONSENTING CO-OWNER OR COHEIR WHO REFUSES PAYMENT MUST BE HELD IN ESCROW, TO PROVIDE THAT FAILURE TO COMPLY WITH THE


Printed Page 1050 . . . . . Wednesday, February 16, 2011

PROVISIONS OF THIS SECTION IS PRIMA FACIE EVIDENCE OF THEFT, AND TO PROVIDE DEFINITIONS.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs

H. 3695 (Word version) -- Rep. Delleney: A BILL TO AMEND SECTION 12-36-2120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENTS FOR A SALES TAX EXEMPTION OF CERTAIN ITEMS FOR CERTAIN FACILITIES RESEARCHING AND TESTING THE IMPACT OF NATURAL DISASTERS, SO AS TO PROVIDE THAT THE QUALIFYING INVESTMENT OF AT LEAST TWENTY MILLION DOLLARS MAY BEGIN AT ANY TIME PERIOD AFTER JANUARY 1, 2009, AND ALL OR A PORTION MAY OCCUR BEFORE THE TAXPAYER NOTIFIES THE DEPARTMENT OF REVENUE OF ITS INTENTION.
Referred to Committee on Ways and Means

H. 3696 (Word version) -- Rep. Delleney: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAYS MISSED ON JANUARY 10, 11, 12, AND 13, 2011, BY THE STUDENTS OF CHESTER COUNTY SCHOOL DISTRICT WHEN THE SCHOOLS WERE CLOSED DUE TO SNOW ARE EXEMPT FROM THE REQUIREMENT THAT FULL SCHOOL DAYS MISSED DUE TO SNOW, EXTREME WEATHER, OR OTHER DISRUPTIONS BE MADE UP.
On motion of Rep. DELLENEY, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.

H. 3697 (Word version) -- Rep. Sellers: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-5-122 SO AS TO PROVIDE THAT UPON SATISFACTORY PROOF OF AGE, A PERSON WHO IS OTHERWISE QUALIFIED TO REGISTER TO VOTE MAY PREREGISTER ON OR AFTER HIS SIXTEENTH BIRTHDAY; AND TO PROVIDE THAT UPON MEETING THE AGE QUALIFICATION PROVIDED IN SECTION 4, ARTICLE II OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, AN ELECTOR WHO PREREGISTERED PURSUANT TO THIS SECTION MUST BE REGISTERED AUTOMATICALLY AND PERMITTED TO VOTE IN ELECTIONS OCCURRING ON OR AFTER THE ELECTOR'S EIGHTEENTH BIRTHDAY.
Referred to Committee on Judiciary


Printed Page 1051 . . . . . Wednesday, February 16, 2011

S. 38 (Word version) -- Senators McConnell, L. Martin and Campsen: A BILL TO AMEND SECTION 56-19-240 OF THE 1976 CODE, RELATING TO THE FORM AND CONTENT OF APPLICATIONS FOR VEHICLE TITLES, TO PROVIDE THAT THE APPLICANT MUST PROVIDE WITH THE APPLICATION A VALID DRIVER'S LICENSE OR IDENTIFICATION CARD IF THE APPLICANT IS AN INDIVIDUAL, TO PROVIDE THAT THE APPLICANT MUST PROVIDE A SOCIAL SECURITY NUMBER FOR A SOLE PROPRIETOR OR FEDERAL EMPLOYER IDENTIFICATION NUMBER AND THE PHYSICAL ADDRESS OF THE BONA FIDE PLACE OF BUSINESS IF THE APPLICANT IS A BUSINESS, AND TO PROHIBIT TITLING VEHICLES PURCHASED FOR OPERATION IN A FOREIGN JURISDICTION.
Referred to Committee on Education and Public Works

S. 358 (Word version) -- Senator Grooms: A BILL TO AMEND SECTION 56-3-2335 OF THE 1976 CODE, RELATING TO RESEARCH AND DEVELOPMENT LICENSE PLATES, TO PROVIDE THAT RESEARCH AND DEVELOPMENT LICENSE PLATES MAY ALSO BE ISSUED TO VEHICLES OWNED BY THE RESEARCH AND DEVELOPMENT BUSINESS AND BY A FLEET OWNER UNDER CONTRACT WITH THE RESEARCH AND DEVELOPMENT BUSINESS, TO INCREASE THE MAXIMUM NUMBER OF RESEARCH AND DEVELOPMENT LICENSE PLATES THAT MAY BE ISSUED, AND TO PROVIDE FOR OPERATION OF RESEARCH AND DEVELOPMENT LICENSED VEHICLES IN OTHER STATES.
Referred to Committee on Education and Public Works

ROLL CALL

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

Agnew                  Allison                Anderson
Anthony                Atwater                Bales
Ballentine             Bannister              Barfield
Battle                 Bedingfield            Bikas
Bingham                Bowen                  Bowers
Brady                  Branham                Brannon
Brantley               G. A. Brown            H. B. Brown
R. L. Brown            Chumley                Clemmons
Clyburn                Cobb-Hunter            Cole

Printed Page 1052 . . . . . Wednesday, February 16, 2011

Cooper                 Corbin                 Crosby
Daning                 Delleney               Dillard
Edge                   Erickson               Forrester
Frye                   Funderburk             Gambrell
Gilliard               Hamilton               Hardwick
Harrell                Harrison               Hayes
Hearn                  Henderson              Hiott
Hixon                  Hodges                 Horne
Hosey                  Howard                 Huggins
Jefferson              King                   Knight
Limehouse              Loftis                 Long
Lucas                  Mack                   McCoy
McEachern              Merrill                Mitchell
D. C. Moss             V. S. Moss             Munnerlyn
Murphy                 Nanney                 J. M. Neal
Norman                 Ott                    Owens
Parker                 Patrick                Pinson
Pitts                  Pope                   Quinn
Rutherford             Ryan                   Sabb
Sandifer               Simrill                Skelton
G. M. Smith            G. R. Smith            J. R. Smith
Sottile                Spires                 Stavrinakis
Stringer               Tallon                 Taylor
Thayer                 Toole                  Tribble
Vick                   Weeks                  Whipper
White                  Williams               Willis
Young

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Wednesday, February 16.

Terry Alexander                   Kris Crawford
William G. Herbkersman            Joseph Neal
Jerry Govan                       Phillip Lowe
Thad Viers                        Chris Hart
Walton McLeod                     Anne Parks
Mia Butler Garrick                Denny Neilson
William R. "Bill" Whitmire        Karl Allen
Bakari Sellers

Total Present--121


Printed Page 1053 . . . . . Wednesday, February 16, 2011

LEAVE OF ABSENCE

The SPEAKER granted Rep. J. E. SMITH a leave of absence for the day due to military service.

LEAVE OF ABSENCE

The SPEAKER granted Rep. UMPHLETT a leave of absence for the day due to medical reasons.

STATEMENT OF ATTENDANCE

Rep. VICK signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Tuesday, February 15.

CO-SPONSORS ADDED

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."

CO-SPONSOR ADDED

Bill Number:   H. 3013 (Word version)
Date:   ADD:
02/16/11   HENDERSON

CO-SPONSOR ADDED

Bill Number:   H. 3111 (Word version)
Date:   ADD:
02/16/11   SANDIFER


Printed Page 1054 . . . . . Wednesday, February 16, 2011

CO-SPONSOR ADDED

Bill Number:   H. 3189 (Word version)
Date:   ADD:
02/16/11   KNIGHT

CO-SPONSORS ADDED

Bill Number:   H. 3241 (Word version)
Date:   ADD:
02/16/11   NORMAN and BARFIELD

CO-SPONSOR ADDED

Bill Number:   H. 3410 (Word version)
Date:   ADD:
02/16/11   VIERS

CO-SPONSORS ADDED

Bill Number:   H. 3467 (Word version)
Date:   ADD:
02/16/11   KNIGHT and BALLENTINE

CO-SPONSOR ADDED

Bill Number:   H. 3470 (Word version)
Date:   ADD:
02/16/11   KNIGHT

CO-SPONSORS ADDED

Bill Number:   H. 3507 (Word version)
Date:   ADD:
02/16/11   HUGGINS, OWENS, SIMRILL, POPE, NORMAN and BALLENTINE

CO-SPONSOR ADDED

Bill Number:   H. 3587 (Word version)
Date:   ADD:
02/16/11   HAYES

CO-SPONSOR ADDED

Bill Number:   H. 3604 (Word version)
Date:   ADD:
02/16/11   BRADY


Printed Page 1055 . . . . . Wednesday, February 16, 2011

CO-SPONSORS ADDED

Bill Number:   H. 3617 (Word version)
Date:   ADD:
02/16/11   KNIGHT and BALLENTINE

CO-SPONSOR ADDED

Bill Number:   H. 3631 (Word version)
Date:   ADD:
02/16/11   HARRELL

CO-SPONSOR ADDED

Bill Number:   H. 3642 (Word version)
Date:   ADD:
02/16/11   OWENS

CO-SPONSORS ADDED

Bill Number:   H. 3643 (Word version)
Date:   ADD:
02/16/11   OWENS, HIOTT and BIKAS

CO-SPONSOR ADDED

Bill Number:   H. 3066 (Word version)
Date:   ADD:
02/16/11   HORNE

CO-SPONSOR ADDED

Bill Number:   H. 3070 (Word version)
Date:   ADD:
02/16/11   HORNE

CO-SPONSOR ADDED

Bill Number:   H. 3152 (Word version)
Date:   ADD:
02/16/11   HORNE

SENT TO THE SENATE

The following Bills and Joint Resolutions were taken up, read the third time, and ordered sent to the Senate:

H. 3648 (Word version) -- Rep. Brantley: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAYS MISSED ON JANUARY 10 AND 11,


Printed Page 1056 . . . . . Wednesday, February 16, 2011

2011, BY THE STUDENTS OF HAMPTON COUNTY SCHOOL DISTRICT TWO WHEN THE SCHOOLS WERE CLOSED DUE TO SNOW ARE EXEMPT FROM THE REQUIREMENT THAT FULL SCHOOL DAYS MISSED DUE TO SNOW, EXTREME WEATHER, OR OTHER DISRUPTIONS BE MADE UP.

H. 3656 (Word version) -- Rep. Bowers: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAYS MISSED ON JANUARY 10 AND 11, 2011, BY THE STUDENTS OF HAMPTON COUNTY SCHOOL DISTRICT ONE WHEN THE SCHOOLS WERE CLOSED DUE TO SNOW ARE EXEMPT FROM THE REQUIREMENT THAT FULL SCHOOL DAYS MISSED DUE TO SNOW, EXTREME WEATHER, OR OTHER DISRUPTIONS BE MADE UP.

H. 3661 (Word version) -- Reps. Clyburn and Hixon: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAYS MISSED ON JANUARY 11 AND 12, 2011, BY THE STUDENTS OF EDGEFIELD COUNTY SCHOOL DISTRICT WHEN THE SCHOOLS WERE CLOSED DUE TO SNOW ARE EXEMPT FROM THE REQUIREMENT THAT FULL SCHOOL DAYS MISSED DUE TO SNOW, EXTREME WEATHER, OR OTHER DISRUPTIONS BE MADE UP.

H. 3662 (Word version) -- Rep. Munnerlyn: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAYS MISSED ON JANUARY 10, 11, 12, AND 13, 2011, BY THE STUDENTS OF THE MARLBORO COUNTY SCHOOL DISTRICT WHEN THE SCHOOLS WERE CLOSED DUE TO SNOW ARE EXEMPT FROM THE REQUIREMENT THAT FULL SCHOOL DAYS MISSED DUE TO SNOW, EXTREME WEATHER, OR OTHER DISRUPTIONS BE MADE UP.

H. 3393 (Word version) -- Rep. Sandifer: A BILL TO AMEND SECTION 32-8-320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS WHO MAY SERVE AS A DECEDENT'S AGENT TO AUTHORIZE CREMATION, SO AS TO FURTHER PROVIDE FOR THOSE PERSONS WHO IN ORDER OF PRIORITY MAY AUTHORIZE CREMATION.

H. 3276 (Word version) -- Reps. White, Owens, Bikas, Sellers, Ott and Clemmons: A BILL TO RATIFY AN AMENDMENT TO ARTICLE I OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO


Printed Page 1057 . . . . . Wednesday, February 16, 2011

THE DECLARATION OF RIGHTS UNDER THE STATE'S CONSTITUTION, BY ADDING SECTION 25 SO AS TO PROVIDE THAT HUNTING AND FISHING ARE VALUABLE PARTS OF THE STATE'S HERITAGE, IMPORTANT FOR CONSERVATION, AND A PROTECTED MEANS OF MANAGING NONTHREATENED WILDLIFE; TO PROVIDE THAT THE CITIZENS OF SOUTH CAROLINA SHALL HAVE THE RIGHT TO HUNT, FISH, AND HARVEST WILDLIFE TRADITIONALLY PURSUED, SUBJECT TO LAWS AND REGULATIONS PROMOTING SOUND WILDLIFE CONSERVATION AND MANAGEMENT AS PRESCRIBED BY THE GENERAL ASSEMBLY; AND TO SPECIFY THAT THIS SECTION MUST NOT BE CONSTRUED TO ABROGATE ANY PRIVATE PROPERTY RIGHTS, EXISTING STATE LAWS OR REGULATIONS, OR THE STATE'S SOVEREIGNTY OVER ITS NATURAL RESOURCES.

S. 430--POINT OF ORDER

The following Joint Resolution was taken up:

S. 430 (Word version) -- Senators L. Martin and Alexander: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY MISSED BY STUDENTS ATTENDING DANIEL HIGH SCHOOL IN THE PICKENS COUNTY SCHOOL DISTRICT ON AUGUST 18, 2010, DUE TO A WATER MAIN BREAK, IS EXEMPT FROM THE MAKE-UP REQUIREMENT THAT FULL SCHOOL DAYS MISSED DUE TO SNOW, EXTREME WEATHER, OR OTHER DISRUPTIONS BE MADE UP.

POINT OF ORDER

Rep. HIOTT made the Point of Order that the Joint Resolution 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.


Printed Page 1058 . . . . . Wednesday, February 16, 2011

ORDERED TO THIRD READING

The following Bill and Joint Resolution were taken up, read the second time, and ordered to a third reading:

H. 3673 (Word version) -- Reps. Tribble, Pitts and Willis: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAYS MISSED ON JANUARY 10, 11, 12, AND 13, 2011, BY THE STUDENTS OF LAURENS COUNTY SCHOOL DISTRICT FIFTY-SIX WHEN THE SCHOOLS WERE CLOSED DUE TO SNOW ARE EXEMPT FROM THE REQUIREMENT THAT FULL SCHOOL DAYS MISSED DUE TO SNOW, EXTREME WEATHER, OR OTHER DISRUPTIONS BE MADE UP.

H. 3684 (Word version) -- Reps. Rutherford and Bales: A BILL TO AMEND SECTION 7-27-405, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RICHLAND COUNTY ELECTION COMMISSION AND RICHLAND COUNTY BOARD OF REGISTRATION, SO AS TO PROVIDE THAT COUNTY EMPLOYMENT DOES NOT PRECLUDE A MEMBER'S SERVICE ON THE BOARD.

OBJECTION TO RECALL

Rep. DELLENEY asked unanimous consent to recall H. 3406 (Word version) from the Committee on Ways and Means.
Rep. COBB-HUNTER objected.

OBJECTION TO RECALL

Rep. HART asked unanimous consent to recall H. 3637 (Word version) from the Committee on Rules.
Rep. CRAWFORD objected.

H. 3507--ADOPTED AND SENT TO SENATE

The following Concurrent Resolution was taken up:

H. 3507 (Word version) -- Reps. Harrell, Cooper, Bingham, Clemmons, Allison, Atwater, Barfield, Bikas, Bowen, Brannon, Corbin, Crosby, Daning, Forrester, Hamilton, Harrison, Henderson, Herbkersman, Hiott, Hixon, Horne, Long, McCoy, D. C. Moss, V. S. Moss, Murphy, Parker, Patrick, Quinn, Ryan, Skelton, G. R. Smith, Sottile, Tallon, Taylor, Toole, Whitmire, G. M. Smith, Young, Chumley, Viers, White, Huggins, Owens, Simrill, Pope, Norman and Ballentine: A


Printed Page 1059 . . . . . Wednesday, February 16, 2011

CONCURRENT RESOLUTION TO MAKE APPLICATION TO THE CONGRESS OF THE UNITED STATES TO CALL A CONSTITUTIONAL CONVENTION PURSUANT TO ARTICLE V OF THE UNITED STATES CONSTITUTION FOR THE PURPOSE OF PROPOSING A CONSTITUTIONAL AMENDMENT THAT PERMITS THE REPEAL OF ANY FEDERAL LAW OR REGULATION BY VOTE OF TWO-THIRDS OF THE STATE LEGISLATURES.

Rep. LUCAS explained the Resolution.

ACTING SPEAKER COOPER IN CHAIR

Rep. LUCAS continued speaking.

SPEAKER IN CHAIR

Rep. SELLERS spoke against the Resolution.
Rep. HART spoke against the Resolution.
Rep. MCLEOD spoke against the Resolution.
Rep. PITTS spoke against the Resolution.
Rep. COBB-HUNTER spoke against the Resolution.

Rep. MCLEOD moved to recommit the Concurrent Resolution to the Committee on Invitations and Memorial Resolutions.

Rep. LUCAS moved to table the motion.

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

Yeas 76; Nays 41

Those who voted in the affirmative are:

Allison                Atwater                Ballentine
Bannister              Barfield               Bedingfield
Bikas                  Bingham                Bowen
Brady                  Brannon                Chumley
Clemmons               Cole                   Cooper
Corbin                 Crawford               Crosby
Daning                 Delleney               Edge
Erickson               Forrester              Frye

Printed Page 1060 . . . . . Wednesday, February 16, 2011

Gambrell               Hamilton               Hardwick
Harrell                Harrison               Hearn
Henderson              Herbkersman            Hiott
Hixon                  Horne                  Huggins
Limehouse              Loftis                 Long
Lowe                   Lucas                  McCoy
Merrill                D. C. Moss             V. S. Moss
Murphy                 Nanney                 Norman
Owens                  Parker                 Patrick
Pinson                 Pitts                  Pope
Quinn                  Ryan                   Sandifer
Simrill                Skelton                G. M. Smith
G. R. Smith            J. R. Smith            Sottile
Spires                 Stringer               Tallon
Taylor                 Thayer                 Toole
Tribble                Vick                   Viers
White                  Whitmire               Willis
Young

Total--76

Those who voted in the negative are:

Alexander              Allen                  Anderson
Bales                  Battle                 Bowers
Branham                Brantley               G. A. Brown
H. B. Brown            R. L. Brown            Butler Garrick
Clyburn                Cobb-Hunter            Dillard
Funderburk             Gilliard               Govan
Hart                   Hayes                  Hodges
Howard                 Jefferson              King
Knight                 Mack                   McEachern
McLeod                 Mitchell               Munnerlyn
J. H. Neal             J. M. Neal             Neilson
Ott                    Parks                  Rutherford
Sabb                   Sellers                Stavrinakis
Weeks                  Williams

Total--41

So, the motion to recommit was tabled.


Printed Page 1061 . . . . . Wednesday, February 16, 2011

The question then recurred to the adoption of the Resolution.

Rep. COBB-HUNTER demanded the yeas and nays which were taken, resulting as follows:

Yeas 72; Nays 44

Those who voted in the affirmative are:

Allison                Atwater                Ballentine
Bannister              Barfield               Bikas
Bingham                Bowen                  Brady
Brannon                Chumley                Clemmons
Cole                   Cooper                 Corbin
Crawford               Crosby                 Daning
Delleney               Edge                   Erickson
Forrester              Gambrell               Hamilton
Hardwick               Harrell                Harrison
Hearn                  Henderson              Herbkersman
Hiott                  Hixon                  Horne
Huggins                Limehouse              Loftis
Long                   Lowe                   Lucas
McCoy                  Merrill                D. C. Moss
V. S. Moss             Murphy                 Nanney
Norman                 Owens                  Parker
Patrick                Pinson                 Pope
Quinn                  Ryan                   Sandifer
Simrill                Skelton                G. M. Smith
G. R. Smith            J. R. Smith            Sottile
Spires                 Stringer               Tallon
Taylor                 Thayer                 Toole
Vick                   Viers                  White
Whitmire               Willis                 Young

Total--72

Those who voted in the negative are:

Alexander              Allen                  Anderson
Bales                  Battle                 Bowers
Branham                Brantley               G. A. Brown
H. B. Brown            R. L. Brown            Butler Garrick
Clyburn                Cobb-Hunter            Dillard
Frye                   Funderburk             Gilliard

Printed Page 1062 . . . . . Wednesday, February 16, 2011

Govan                  Hart                   Hayes
Hodges                 Hosey                  Howard
Jefferson              King                   Knight
Mack                   McEachern              McLeod
Mitchell               Munnerlyn              J. H. Neal
J. M. Neal             Ott                    Parks
Pitts                  Rutherford             Sabb
Sellers                Stavrinakis            Tribble
Weeks                  Williams

Total--44

So, the Concurrent Resolution was adopted and sent to the Senate.

H. 3507--MOTION TO RECONSIDER TABLED

Rep. LUCAS moved to reconsider the vote whereby the following Concurrent Resolution was adopted and sent to the Senate:

H. 3507 (Word version) -- Reps. Harrell, Cooper, Bingham, Clemmons, Allison, Atwater, Barfield, Bikas, Bowen, Brannon, Corbin, Crosby, Daning, Forrester, Hamilton, Harrison, Henderson, Herbkersman, Hiott, Hixon, Horne, Long, McCoy, D. C. Moss, V. S. Moss, Murphy, Parker, Patrick, Quinn, Ryan, Skelton, G. R. Smith, Sottile, Tallon, Taylor, Toole, Whitmire, G. M. Smith, Young, Chumley, Viers, White, Huggins, Owens, Simrill, Pope, Norman and Ballentine: A CONCURRENT RESOLUTION TO MAKE APPLICATION TO THE CONGRESS OF THE UNITED STATES TO CALL A CONSTITUTIONAL CONVENTION PURSUANT TO ARTICLE V OF THE UNITED STATES CONSTITUTION FOR THE PURPOSE OF PROPOSING A CONSTITUTIONAL AMENDMENT THAT PERMITS THE REPEAL OF ANY FEDERAL LAW OR REGULATION BY VOTE OF TWO-THIRDS OF THE STATE LEGISLATURES.

Rep. LUCAS moved to table the motion to reconsider, which was agreed to.


Printed Page 1063 . . . . . Wednesday, February 16, 2011

H. 3601--ADOPTED AND SENT TO SENATE

The following Concurrent Resolution was taken up:

H. 3601 (Word version) -- Rep. H. B. Brown: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF INTERSTATE HIGHWAY 77 FROM ITS INTERSECTION WITH FAIRFIELD/RICHLAND COUNTY LINE TO ITS INTERSECTION WITH THE FAIRFIELD/CHESTER COUNTY LINE "JOHN M. SPRATT, JR., FREEWAY" AND ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS PORTION OF HIGHWAY THAT CONTAIN THE WORDS "JOHN M. SPRATT, JR., FREEWAY".

The Concurrent Resolution was adopted and sent to the Senate.

S. 517--AMENDED, ADOPTED AND SENT TO SENATE

The following Concurrent Resolution was taken up:

S. 517 (Word version) -- Senator Knotts: A CONCURRENT RESOLUTION TO FIX WEDNESDAY, FEBRUARY 23, 2011, AT NOON, 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 MEMBERS OF THE BOARDS OF TRUSTEES FOR THE CITADEL, COASTAL CAROLINA UNIVERSITY, SOUTH CAROLINA STATE UNIVERSITY, WIL LOU GRAY OPPORTUNITY SCHOOL, AND WINTHROP UNIVERSITY TO SUCCEED THOSE MEMBERS WHOSE TERMS EXPIRE IN 2011, OR WHOSE POSITIONS OTHERWISE MUST BE FILLED; AND TO ESTABLISH A PROCEDURE REGARDING NOMINATIONS AND SECONDING SPEECHES FOR THE CANDIDATES FOR THESE OFFICES DURING THE JOINT SESSION.

The Invitations and Memorial Resolutions Committee proposed the following Amendment No. 1 (COUNCIL\AGM\18682BH11), which was adopted:
Amend the concurrent resolution, as and if amended, by deleting all after the resolving words and inserting:
/That the House of Representatives and the Senate meet in joint session in the House of Representatives on Wednesday, February 23,


Printed Page 1064 . . . . . Wednesday, February 16, 2011

2011, at noon, for the purpose of electing members of the Boards of Trustees for The Citadel, Coastal Carolina University, South Carolina State University, Wil Lou Gray Opportunity School, and Winthrop University to succeed those members whose terms expire in 2011, or whose positions otherwise must be filled; and to establish a procedure regarding nominations and seconding speeches for the candidates for these offices during the joint session. /
Amend the concurrent resolution further, by deleting the title in its entirety and inserting:
/ TO FIX WEDNESDAY, FEBRUARY 23, 2011, AT NOON, 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 MEMBERS OF THE BOARDS OF TRUSTEES FOR THE CITADEL, COASTAL CAROLINA UNIVERSITY, SOUTH CAROLINA STATE UNIVERSITY, WIL LOU GRAY OPPORTUNITY SCHOOL, AND WINTHROP UNIVERSITY TO SUCCEED THOSE MEMBERS WHOSE TERMS EXPIRE IN 2011, OR WHOSE POSITIONS OTHERWISE MUST BE FILLED; AND TO ESTABLISH A PROCEDURE REGARDING NOMINATIONS AND SECONDING SPEECHES FOR THE CANDIDATES FOR THESE OFFICES DURING THE JOINT SESSION. /
Renumber sections to conform.
Amend title to conform.

The amendment was then adopted.

The Concurrent Resolution, as amended, was adopted and ordered sent to the Senate.

Rep. CORBIN moved that the House do now adjourn, which was agreed to.

ADJOURNMENT

At 12:59 p.m. the House, in accordance with the motion of Rep. HORNE, adjourned in memory of Miriam Ann Beeson of Summerville, to meet at 10:00 a.m. tomorrow.

***

This web page was last updated on Wednesday, November 23, 2011 at 12:06 P.M.