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


Printed Page 2764 . . . . . Tuesday, May 3, 2011

Tuesday, May 3, 2011
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The House assembled at 12:00 noon.
Deliberations were opened with prayer by Rev. Charles E. Seastrunk, Jr., as follows:

Our thought for today is from Psalm 5:1-2: "Give ear to my words, O Lord; give heed to my sighing. Listen to the sound of my cry, my King and my God, for to you I pray."
Let us pray. We pray to You, O Lord, for we desire Your guidance and direction as these men and women deliberate on the affairs of this State. May they accomplish the great work that has been set before them. Give them strength, character, wisdom, and to those whom they serve, give the spirit of faithfulness. Bless our Nation, President, State, Governor, Speaker, staff, and all who support them in their duties. 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 Friday, the SPEAKER ordered it confirmed.

MOTION ADOPTED

Rep. HUGGINS moved that when the House adjourns, it adjourn in memory of James Ian Calhoon of Lexington, which was agreed to.

COMMUNICATION

The following was received:

April 27, 2011
The Honorable Robert W. Harrell, Jr.
South Carolina House of Representatives
P.O. Box 11867
Columbia, SC 29211


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Dear Speaker Harrell:

It is with some sadness that I write this letter. I have truly been blessed to serve in this body for twenty-one years and a double blessing to serve as Chairman of Ways and Means for the past six years. As you know, I have been around this institution since I was thirteen years old, as a member or the son of a member.
However, the time has come for me to turn the page and spend more time with my family and help prepare for the future of my children, and so, I hereby tender my resignation as the Chairman for Ways and Means and from the South Carolina House, effective on June 29, 2011, at noon.

Yours very truly,
Daniel T. Cooper

HOUSE RESOLUTION

The following was introduced:

H. 4158 (Word version) -- Reps. Atwater, Huggins, Agnew, Alexander, Allen, Allison, Anderson, Anthony, 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, Johnson, 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 EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES UPON THE PASSING OF JAMES IAN CALHOON OF LEXINGTON


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COUNTY, AND TO EXTEND THE DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 4160 (Word version) -- Reps. G. R. Smith, Bedingfield, Corbin, Dillard, Hamilton, Henderson and Stringer: A HOUSE RESOLUTION TO AUTHORIZE THE GREENVILLE YOUNG MEN'S CHRISTIAN ASSOCIATION TO USE THE HOUSE CHAMBER AND ANY AVAILABLE COMMITTEE HEARING ROOMS IN THE BLATT BUILDING ON THURSDAY, NOVEMBER 17, 2011, AND FRIDAY, NOVEMBER 18, 2011, TO CONDUCT THE YOUTH IN GOVERNMENT PROGRAM.
The Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

HOUSE RESOLUTION

The following was introduced:

H. 4161 (Word version) -- Reps. G. A. Brown, Agnew, Alexander, Allen, Allison, Anderson, Anthony, Atwater, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bikas, Bingham, Bowen, Bowers, Brady, Branham, Brannon, Brantley, 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, Johnson, 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 RECOGNIZE AND HONOR DR. JOHN FRANK BAKER, AND TO


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COMMEND HIM FOR FORTY YEARS OF DEDICATED SERVICE AND LEADERSHIP TO THE EDUCATION OF THE YOUTH OF SOUTH CAROLINA.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 4162 (Word version) -- Rep. Sandifer: A HOUSE RESOLUTION TO RECOGNIZE AND COMMEND THE COURAGEOUS AND SELFLESS FIREFIGHTERS OF THE SENECA FIRE DEPARTMENT FOR THEIR COMPASSIONATE AND PROFICIENT EXECUTION OF THEIR DUTIES.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 4163 (Word version) -- Rep. Sandifer: A HOUSE RESOLUTION TO RECOGNIZE AND COMMEND THE COURAGEOUS AND SELFLESS MEMBERS OF THE SENECA POLICE DEPARTMENT FOR THEIR COMPASSIONATE AND PROFICIENT EXECUTION OF THEIR DUTIES.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 4164 (Word version) -- Reps. Horne, Harrell, Knight and Murphy: A HOUSE RESOLUTION TO RECOGNIZE AND HONOR THE NAVY JUNIOR ROTC PROGRAM OF SUMMERVILLE HIGH SCHOOL, AND TO CONGRATULATE THE CADETS, INSTRUCTORS, AND SCHOOL OFFICIALS FOR BEING NAMED THE 2011 OUTSTANDING NAVY JUNIOR ROTC PROGRAM IN THE STATE OF SOUTH CAROLINA.

The Resolution was adopted.


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HOUSE RESOLUTION

The following was introduced:

H. 4166 (Word version) -- Reps. Horne, Harrell, Knight and Murphy: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE SUMMERVILLE HIGH SCHOOL NAVY JUNIOR ROTC CADETS, THE UNIT ADVISORS, AND SCHOOL OFFICIALS, AT A DATE AND TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF RECOGNIZING AND COMMENDING THEM FOR BEING NAMED THE 2011 OUTSTANDING NAVY JUNIOR ROTC PROGRAM IN THE STATE OF SOUTH CAROLINA.

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 Summerville High School Navy Junior ROTC Cadets, the unit advisors, and school officials, at a date and time to be determined by the Speaker, for the purpose of recognizing and commending them for being named the 2011 Outstanding Navy Junior ROTC program in the State of South Carolina.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 4167 (Word version) -- Reps. Horne, Harrell, Knight and Murphy: A HOUSE RESOLUTION TO RECOGNIZE AND HONOR THE PINEWOOD PREPARATORY SCHOOL GOLF TEAM FOR WINNING THE 2011 SOUTH CAROLINA INDEPENDENT SCHOOL ASSOCIATION (SCISA) CLASS AAA STATE CHAMPIONSHIP TITLE.

The Resolution was adopted.


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HOUSE RESOLUTION

The following was introduced:

H. 4168 (Word version) -- Reps. Horne, Harrell, Knight and Murphy: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE PINEWOOD PREPARATORY SCHOOL GOLF 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 2011 SOUTH CAROLINA INDEPENDENT SCHOOL ASSOCIATION CLASS AAA 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 Pinewood Preparatory School golf 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 2011 South Carolina Independent School Association Class AAA State Championship title.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 4169 (Word version) -- Reps. Norman, 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, Huggins, Jefferson, Johnson, 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, Ott, Owens, Parker, Parks,


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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 PAUL ROMMEL OF TEGA CAY ON WINNING THE PRESTIGIOUS WRIGHT BROTHERS MASTER PILOT AWARD, PRESENTED BY THE FEDERAL AVIATION ADMINISTRATION (FAA) AT THE RECENT QUIET BIRDMEN PILOT FRATERNITY GATHERING IN CHARLOTTE, NORTH CAROLINA.

The Resolution was adopted.

CONCURRENT RESOLUTION

The following was introduced:

H. 4159 (Word version) -- Reps. Howard, 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, Huggins, Jefferson, Johnson, 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 CONCURRENT RESOLUTION TO COMMEND THE PRESIDENT OF THE UNITED STATES, BARACK OBAMA, THE UNITED STATES INTELLIGENCE COMMUNITY, THE MEMBERS OF THE UNITED STATES JOINT SPECIAL OPERATIONS COMMAND, AND ESPECIALLY THE SOLDIERS, SAILORS, AIRMEN, AND MARINES WHOSE HEROIC COLLECTIVE EFFORTS FINALLY BROUGHT TO


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JUSTICE OSAMA BIN LADEN, THE FUGITIVE LEADER OF AL-QAEDA AND MASTERMIND OF THE SEPTEMBER 11, 2001, TERRORIST ATTACKS.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 4165 (Word version) -- Rep. Owens: A CONCURRENT RESOLUTION TO RECOGNIZE THE WEEK OF MAY 1ST THROUGH MAY 7TH AS NATIONAL CHARTER SCHOOL WEEK, AND TO ACKNOWLEDGE THE IMPORTANCE OF EDUCATING THE CHILDREN OF SOUTH CAROLINA IN INNOVATIVE CLASSROOMS AND SCHOOLS.

Whereas, the first charter school law was enacted in Minnesota in 1991. By 1992, the first charter school opened and continues to teach youths in an innovative and flexible fashion; and

Whereas, forty states and the District of Columbia have charter schools, numbering nearly five thousand schools in operation and an enrollment of over one million six hundred thousand students; and

Whereas, in 1996, South Carolina enacted the charter school law, and further amended it in 2002 and 2005. Currently, South Carolina has forty-four public charter schools that serve over sixteen thousand children. Now, therefore,

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

That the members of the General Assembly, by this resolution, recognize May 1st through May 7th as National Charter School Week, and acknowledge the importance of educating the children of South Carolina in innovative classrooms and schools.

Be it further resolved that a copy of this resolution be forwarded to State Superintendent of Education Mick Zais, Mr. Don McLaurin, Chairman of the South Carolina Public Charter School District Board


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of Directors, and Ms. Mary Carmichael, Executive Director of the Public Charter School Alliance of South Carolina.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 4170 (Word version) -- Rep. Barfield: A CONCURRENT RESOLUTION TO COMMEND CONWAY FREEWILL BAPTIST CHURCH FOR ITS ANNUAL PATRIOTIC SERVICE, HELD TO EXTEND APPRECIATION TO THE VETERANS OF OUR ARMED FORCES.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 4171 (Word version) -- Rep. Barfield: A CONCURRENT RESOLUTION TO COMMEND AYNOR UNITED METHODIST CHURCH FOR ITS ANNUAL VETERANS DAY SERVICE, HELD TO EXTEND APPRECIATION TO THE MEN AND WOMEN OF OUR ARMED FORCES.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 4172 (Word version) -- Rep. Barfield: A CONCURRENT RESOLUTION TO COMMEND CONWAY CHURCH OF GOD FOR ITS ANNUAL PATRIOTIC SERVICE, HELD TO EXTEND APPRECIATION TO THE VETERANS OF OUR ARMED FORCES.

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


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INTRODUCTION OF BILLS

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

H. 4173 (Word version) -- Rep. Bingham: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 63-7-315 SO AS TO PROHIBIT AN EMPLOYER FROM DISMISSING, DEMOTING, SUSPENDING, OR DISCIPLINING AN EMPLOYEE WHO REPORTS CHILD ABUSE OR NEGLECT, WHETHER REQUIRED OR PERMITTED TO REPORT; AND TO CREATE A CAUSE OF ACTION FOR REINSTATEMENT AND BACK PAY WHICH AN EMPLOYEE MAY BRING AGAINST AN EMPLOYER WHO VIOLATES THIS PROHIBITION.
Referred to Committee on Judiciary

H. 4174 (Word version) -- Reps. Loftis and Corbin: A BILL TO AMEND SECTION 6-1-170, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PREEMPTION OF LOCAL ORDINANCES REGARDING IMMIGRATION, SO AS TO ALLOW A CIVIL ACTION TO BE BROUGHT UNDER CERTAIN CIRCUMSTANCES WHEN A POLITICAL SUBDIVISION LIMITS OR PROHIBITS A LOCAL OFFICIAL FROM SEEKING TO ENFORCE A FEDERAL OR STATE LAW WITH REGARD TO IMMIGRATION OR THE UNLAWFUL IMMIGRATION STATUS OF A PERSON; TO AMEND SECTION 8-14-20, RELATING TO PUBLIC EMPLOYER PARTICIPATION IN THE FEDERAL WORK AUTHORIZATION PROGRAM AND SERVICE CONTRACTORS, SO AS TO ALLOW THE EMPLOYMENT OF WORKERS WHO POSSESS A VALID UNITED STATES PASSPORT OR MILITARY IDENTIFICATION CARD; TO AMEND SECTION 16-9-460, RELATING TO AIDING ILLEGAL ENTRY OR HARBORING AN UNLAWFUL ALIEN, SO AS TO INCLUDE IN THE PURVIEW OF THE STATUTE THE PERSON WHO ENTERED THE COUNTRY, REMAINED, OR SHELTERED THEMSELVES FROM DETECTION ILLEGALLY; BY ADDING SECTION 16-17-750 SO AS TO CREATE THE OFFENSE OF FAILURE TO CARRY A CERTIFICATE OF ALIEN REGISTRATION ISSUED TO THE PERSON AND TO PROVIDE A PENALTY; BY ADDING SECTION 17-13-170 SO AS TO REQUIRE LAW ENFORCEMENT UNDER CERTAIN CIRCUMSTANCES AND WITH REASONABLE SUSPICION TO DETERMINE WHETHER A


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PERSON IS LAWFULLY PRESENT IN THE UNITED STATES, TO DELINEATE INFORMATION THAT MAY BE PROVIDED TO PRESUME THE PERSON IS LEGALLY PRESENT IN THE UNITED STATES, TO PROVIDE FOR THE OFFENSE OF PROVIDING FALSE INFORMATION AND TO PROVIDE PENALTIES, TO PROVIDE PROCEDURES FOR VERIFICATION OF STATUS AND EXCEPTIONS, AND TO PROVIDE FOR THE COLLECTION OF DATA ON MOTOR VEHICLES STOPPED WITHOUT A CITATION ISSUED; TO AMEND SECTION 23-3-1100, RELATING TO THE VERIFICATION OF THE STATUS OF PRISONERS, NOTIFICATION OF THE UNITED STATES DEPARTMENT OF HOMELAND SECURITY, AND HOUSING AND MAINTENANCE EXPENSES, SO AS TO PROVIDE FOR TRANSPORTATION OF A PRISONER WHO IS AN ALIEN UNLAWFULLY PRESENT IN THE UNITED STATES TO A FEDERAL FACILITY OR OTHER FORM OF FEDERAL CUSTODY AND FOR NOTIFICATION TO THE UNITED STATES DEPARTMENT OF HOMELAND SECURITY; TO AMEND SECTION 41-8-20, AS AMENDED, RELATING TO THE REQUIREMENTS OF COMPLETION AND MAINTENANCE OF FEDERAL EMPLOYMENT ELIGIBILITY VERIFICATION FORMS OR E-VERIFY, SO AS TO REQUIRE AUTHORIZATION OF EVERY NEW EMPLOYEE WITHIN THREE, RATHER THAN FIVE, DAYS AND TO REQUIRE CONTRACTORS TO MAINTAIN CONTACT PHONE NUMBERS OF ALL SUBCONTRACTORS AND SUB-SUBCONTRACTORS PERFORMING SERVICES FOR THE CONTRACTOR AND PROVIDE THIS INFORMATION UPON REQUEST; TO AMEND SECTION 41-8-50, RELATING TO PENALTIES FOR FAILING TO COMPLY WITH E-VERIFY REQUIREMENTS OR THE KNOWING AND INTENTIONAL EMPLOYMENT OF AN UNAUTHORIZED ALIEN, SO AS TO PROVIDE FOR REASONABLE CIVIL PENALTIES FOR A VIOLATION OF NOT MORE THAN ONE THOUSAND DOLLARS, DELETE THE EXCEPTION FOR A FIRST OFFENSE WHEN THE EMPLOYER COMPLIES WITHIN SEVENTY-TWO HOURS, ADD THE DEGREE OF A VIOLATION AND THE GOOD FAITH OF THE PRIVATE EMPLOYERS TO THE DELINEATED LIST OF THOSE FACTORS TO BE CONSIDERED WHEN ASSESSING THE REASONABLE CIVIL PENALTY, AND TO MAKE CONFORMING CHANGES; BY ADDING SECTION 23-6-65 SO AS TO ESTABLISH FEES ON MONEY TRANSMISSION OR


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WIRE TRANSFERS FROM A LOCATION WITHIN THE STATE TO A LOCATION OUTSIDE OF THE UNITED STATES AND TO PROVIDE FOR THE TRANSFER OF THE FEES COLLECTED TO THE ILLEGAL IMMIGRATION ENFORCEMENT UNIT; BY ADDING SECTION 16-13-480 SO AS TO CREATE THE OFFENSE OF PROVIDING A FALSE PICTURE IDENTIFICATION FOR USE BY AN ALIEN UNLAWFULLY PRESENT IN THE UNITED STATES AND TO PROVIDE A PENALTY; BY ADDING SECTION 23-6-60 SO AS TO CREATE THE ILLEGAL IMMIGRATION ENFORCEMENT UNIT WITHIN THE DEPARTMENT OF PUBLIC SAFETY, TO PROVIDE FOR ITS ADMINISTRATION AND DUTIES, AND TO REQUIRE A MEMORANDUM OF AGREEMENT WITH UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT; AND TO REPEAL SECTION 23-3-80 RELATING TO THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION'S AUTHORIZATION TO NEGOTIATE A MEMORANDUM OF UNDERSTANDING WITH THE UNITED STATES DEPARTMENT OF JUSTICE OR THE DEPARTMENT OF HOMELAND SECURITY REGARDING UNLAWFUL ALIENS.
Referred to Committee on Judiciary

S. 831 (Word version) -- Senators Massey and Ryberg: A BILL TO AMEND SECTION 22-2-190, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MAGISTRATES' JURY AREAS, SO AS TO PROVIDE FOR REVISED JURY AREAS AND THE LOCATION OF THE MAGISTRATES' OFFICES AND TO REPEAL ACT 79 OF 1977 AND ACT 758 OF 1988 RELATING TO MAGISTRATES IN AIKEN COUNTY.
Referred to Aiken Delegation

S. 854 (Word version) -- Senator Malloy: A BILL TO AMEND SECTION 16-3-600 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ASSAULT AND BATTERY OFFENSES, SO AS TO SUBSTITUTE THE TERM "A PERSON" FOR THE TERM "AN ADULT".
Referred to Committee on Judiciary


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ROLL CALL

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

Alexander              Allen                  Allison
Anderson               Anthony                Atwater
Bales                  Ballentine             Bannister
Barfield               Battle                 Bedingfield
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
Crosby                 Daning                 Delleney
Dillard                Erickson               Forrester
Frye                   Funderburk             Gambrell
Gilliard               Govan                  Hamilton
Hardwick               Harrell                Harrison
Hart                   Hayes                  Henderson
Herbkersman            Hiott                  Hixon
Horne                  Hosey                  Howard
Huggins                Jefferson              King
Limehouse              Loftis                 Long
Lowe                   Lucas                  Mack
McCoy                  McEachern              McLeod
Merrill                Mitchell               D. C. Moss
V. S. Moss             Munnerlyn              Murphy
Nanney                 J. M. Neal             Neilson
Norman                 Ott                    Owens
Parker                 Patrick                Pinson
Pitts                  Pope                   Ryan
Sabb                   Sandifer               Sellers
Simrill                Skelton                G. M. Smith
G. R. Smith            J. R. Smith            Sottile
Spires                 Stavrinakis            Stringer
Tallon                 Taylor                 Thayer
Toole                  Tribble                Viers
Weeks                  Whipper                White
Whitmire               Williams               Young


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STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Tuesday, May 3.

Paul Agnew                        Kris Crawford
Kevin L. Johnson                  Joseph Neal
Todd Rutherford                   Mark Willis
Tracy Edge
Eric Bikas   Anne Parks
Patsy Knight

Total Present--118

LEAVE OF ABSENCE

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

LEAVE OF ABSENCE

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

LEAVE OF ABSENCE

The SPEAKER granted Rep. ANTHONY a temporary leave of absence.

CO-SPONSOR 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."


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CO-SPONSOR ADDED

Bill Number:   H. 4128 (Word version)
Date:   ADD:
05/03/11   HUGGINS

H. 4143--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

H. 4143 (Word version) -- Reps. Gilliard, R. L. Brown, Mack and Whipper: A BILL TO AMEND ACT 1235 OF 1970, AS AMENDED, RELATING TO THE CHARLESTON COUNTY AIRPORT DISTRICT AND ITS GOVERNING BOARD, SO AS TO ADD TWO MEMBERS OF THE CHARLESTON COUNTY LEGISLATIVE DELEGATION, EX OFFICIO, TO THE GOVERNING BOARD OF THE DISTRICT; TO PROVIDE THAT CERTAIN MEMBERS OF THE AUTHORITY MAY SERVE AS ITS CHAIRMAN, AND TO PROVIDE THAT MEMBERS WHO ARE APPOINTED BY THE LEGISLATIVE DELEGATION OR COUNTY COUNCIL SHALL SERVE ONE FOUR-YEAR TERM.

Rep. STAVRINAKIS proposed the following Amendment No. 3 (COUNCIL\MS\7375AHB11), which was adopted:
Amend the bill, as and if amended, SECTION 3B, page 1, lines 38 and 40, by deleting / All members who are appointed by the legislative delegation or county council shall serve one four-year term."/
Renumber sections to conform.
Amend title to conform.

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

The yeas and nays were taken resulting as follows:

Yeas 11; Nays 0

Those who voted in the affirmative are:

R. L. Brown            Harrell                Limehouse
Loftis                 McCoy                  Merrill
Parker                 Ryan                   J. E. Smith
Sottile                Stavrinakis

Total--11


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Those who voted in the negative are:

Total--0

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

H. 4149--ORDERED TO THIRD READING

The following Bill was taken up:

H. 4149 (Word version) -- Reps. Hodges and R. L. Brown: A BILL TO AUTHORIZE THE BOARD OF TRUSTEES OF THE SCHOOL DISTRICT OF COLLETON COUNTY TO ISSUE GENERAL OBLIGATION BONDS OF THE SCHOOL DISTRICT WITHIN ITS CONSTITUTIONAL DEBT LIMIT NOT TO EXCEED TWO MILLION FIVE HUNDRED THOUSAND DOLLARS IN ONE OR MORE SERIES, TO DEFRAY THE LOSS OF AMERICAN REINVESTMENT AND RECOVERY ACT FUNDS AND EDUCATION FINANCE ACT FUNDS TO THE SCHOOL DISTRICT, TO PRESCRIBE THE CONDITIONS UNDER WHICH THE BONDS MAY BE ISSUED AND THE PURPOSES FOR WHICH THE PROCEEDS MAY BE EXPENDED, AND TO MAKE PROVISION FOR THE PAYMENT OF THE BONDS.

The yeas and nays were taken resulting as follows:

Yeas 1; Nays 0

Those who voted in the affirmative are:

R. L. Brown

Total--1

Those who voted in the negative are:

Total--0

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


Printed Page 2780 . . . . . Tuesday, May 3, 2011

S. 586--AMENDED, REQUEST FOR DEBATE AND ORDERED TO THIRD READING

The following Bill was taken up:

S. 586 (Word version) -- Senators Hayes, O'Dell, Verdin, Shoopman, Nicholson, Elliott, L. Martin, Coleman, Ford, Cromer, Alexander and Knotts: A BILL TO AMEND SECTION 1-11-720, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENTITIES WHOSE EMPLOYEES, RETIREES, AND THEIR DEPENDENTS ARE ELIGIBLE TO PARTICIPATE IN THE STATE HEALTH AND DENTAL INSURANCE PLANS, SO AS TO EXTEND THIS ELIGIBILITY TO JOINT AGENCIES ESTABLISHED PURSUANT TO CHAPTER 23, TITLE 6.

Rep. G. R. SMITH proposed the following Amendment No. 1 (COUNCIL\DKA\3629SD11), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION __.   Section 1-11-720(A)(7) of the 1976 Code is amended to read:

"(7)   special purpose districts created by act of the General Assembly that provide gas, water, fire, sewer, recreation, or hospital, or sanitation service, or any combination of these services;" /
Renumber sections to conform.
Amend title to conform.

Rep. G. R. SMITH explained the amendment.

Rep. NORMAN requested debate on the Bill.

Rep. G. R. SMITH continued speaking.

The amendment was then adopted.

The yeas and nays were taken resulting as follows:

Yeas 82; Nays 15

Those who voted in the affirmative are:

Agnew                  Allen                  Allison
Anderson               Bales                  Bannister
Barfield               Battle                 Bedingfield

Printed Page 2781 . . . . . Tuesday, May 3, 2011

Bikas                  Bowen                  Bowers
Brady                  Branham                Brantley
G. A. Brown            H. B. Brown            R. L. Brown
Butler Garrick         Chumley                Clyburn
Cobb-Hunter            Cole                   Cooper
Corbin                 Crosby                 Delleney
Dillard                Erickson               Forrester
Funderburk             Gambrell               Govan
Hamilton               Harrell                Hart
Henderson              Herbkersman            Hixon
Horne                  Hosey                  Howard
Huggins                Jefferson              King
Limehouse              Loftis                 Long
Lucas                  Mack                   McCoy
McLeod                 Mitchell               D. C. Moss
V. S. Moss             Munnerlyn              Murphy
Nanney                 J. H. Neal             J. M. Neal
Neilson                Ott                    Owens
Parker                 Pinson                 Pitts
Rutherford             Sabb                   Skelton
G. R. Smith            J. R. Smith            Sottile
Spires                 Stringer               Tallon
Thayer                 Tribble                Weeks
Whipper                White                  Williams
Willis

Total--82

Those who voted in the negative are:

Atwater                Brannon                Clemmons
Daning                 Merrill                Norman
Patrick                Pope                   Ryan
Simrill                G. M. Smith            Stavrinakis
Taylor                 Toole                  Young

Total--15

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


Printed Page 2782 . . . . . Tuesday, May 3, 2011

S. 109--REJECTED

The following Bill was taken up:

S. 109 (Word version) -- Senator Verdin: A BILL TO AMEND TITLE 44 OF THE 1976 CODE, RELATING TO HEALTH, BY ADDING CHAPTER 137, TO ENACT THE "REFLEX SYMPATHETIC DYSTROPHY SYNDROME EDUCATION ACT", TO REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO ESTABLISH AN EDUCATIONAL PROGRAM CONCERNING THE SYNDROME, TO PROVIDE FOR THE CONTENTS OF A PUBLIC AWARENESS PROGRAM, TO REQUIRE THAT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL WORK WITH HEALTH CARE PROVIDERS AND OTHER PROFESSIONALS CONCERNING THE SYNDROME, TO ALLOW FOR PRIVATE FUNDING OF THE PROGRAM, AND TO DEFINE NECESSARY TERMS.

Rep. HART explained the Bill.

The yeas and nays were taken resulting as follows:

Yeas 52; Nays 54

Those who voted in the affirmative are:

Agnew                  Allen                  Anderson
Bannister              Barfield               Battle
Brady                  Branham                Brantley
G. A. Brown            H. B. Brown            R. L. Brown
Butler Garrick         Clyburn                Dillard
Erickson               Funderburk             Gambrell
Gilliard               Govan                  Harrell
Hart                   Hayes                  Herbkersman
Hosey                  Howard                 Jefferson
Johnson                King                   Long
Lowe                   Mack                   McEachern
McLeod                 Mitchell               Munnerlyn
J. H. Neal             J. M. Neal             Neilson
Parks                  Pitts                  Rutherford
Sabb                   Sellers                Sottile
Spires                 Stavrinakis            Tribble

Printed Page 2783 . . . . . Tuesday, May 3, 2011

Weeks                  Whipper                Williams
Willis

Total--52

Those who voted in the negative are:

Allison                Atwater                Bales
Ballentine             Bedingfield            Bikas
Bingham                Bowen                  Bowers
Brannon                Chumley                Clemmons
Cole                   Cooper                 Corbin
Delleney               Forrester              Frye
Hamilton               Hardwick               Henderson
Hiott                  Hixon                  Horne
Huggins                Limehouse              Loftis
Lucas                  McCoy                  Merrill
D. C. Moss             V. S. Moss             Murphy
Nanney                 Norman                 Owens
Parker                 Patrick                Pinson
Pope                   Ryan                   Sandifer
Simrill                G. M. Smith            G. R. Smith
J. R. Smith            Stringer               Tallon
Taylor                 Thayer                 Toole
White                  Whitmire               Young

Total--54

So, the Bill was rejected.

S. 232--DEBATE ADJOURNED

Rep. HART moved to adjourn debate upon the following Bill until Wednesday, May 4, which was adopted:

S. 232 (Word version) -- Senators Cleary and Ford: A BILL TO AMEND SECTION 44-7-130, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS OF THE STATE CERTIFICATION OF NEED AND HEALTH CARE FACILITY ACT, SO AS TO REVISE THE DEFINITION OF HEALTH CARE FACILITY.


Printed Page 2784 . . . . . Tuesday, May 3, 2011

S. 445--DEBATE ADJOURNED

Rep. HART moved to adjourn debate upon the following Bill until Wednesday, May 4, which was adopted:

S. 445 (Word version) -- Senators Hutto, Fair, Jackson and Ford: A BILL TO AMEND SECTION 44-29-135, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONFIDENTIALITY OF SEXUALLY TRANSMITTED DISEASE RECORDS, SO AS TO DELETE THE PROVISION REQUIRING THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO NOTIFY THE SCHOOL DISTRICT SUPERINTENDENT AND SCHOOL NURSE IF A MINOR IS ATTENDING A SCHOOL IN THE DISTRICT AND HAS ACQUIRED IMMUNODEFICIENCY SYNDROME OR IS INFECTED WITH THE HUMAN IMMUNODEFICIENCY VIRUS; AND BY ADDING SECTION 59-10-220 SO AS TO REQUIRE EACH SCHOOL DISTRICT TO ADOPT THE CENTERS FOR DISEASE CONTROL AND PREVENTION RECOMMENDATIONS ON UNIVERSAL PRECAUTIONS FOR BLOODBORNE DISEASE EXPOSURE.

S. 590--DEBATE ADJOURNED

Rep. HART moved to adjourn debate upon the following Joint Resolution until Wednesday, May 4, which was adopted:

S. 590 (Word version) -- Senators McGill and Ford: A JOINT RESOLUTION TO EXEMPT THE ESTABLISHMENT OF A GEROPSYCHIATRIC DISTINCT PART UNIT FOR PROSPECTIVE PAYMENT SYSTEM EXCLUSION OF UP TO TEN BEDS FROM THE REQUIREMENT OF OBTAINING A CERTIFICATE OF NEED.

S. 358--ORDERED TO THIRD READING

The following Bill was taken up:

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


Printed Page 2785 . . . . . Tuesday, May 3, 2011

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.

Rep. DANING explained the Bill.

The yeas and nays were taken resulting as follows:

Yeas 97; Nays 0

Those who voted in the affirmative are:

Agnew                  Allen                  Allison
Anderson               Atwater                Bannister
Barfield               Battle                 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
Crosby                 Daning                 Delleney
Dillard                Erickson               Forrester
Frye                   Funderburk             Gambrell
Govan                  Hardwick               Harrell
Harrison               Hart                   Henderson
Hiott                  Hixon                  Horne
Hosey                  Huggins                Jefferson
Johnson                Limehouse              Loftis
Long                   Lowe                   Lucas
Mack                   McCoy                  McEachern
McLeod                 Merrill                Mitchell
D. C. Moss             Munnerlyn              Murphy
Nanney                 J. H. Neal             J. M. Neal
Neilson                Norman                 Owens
Parker                 Patrick                Pinson
Pitts                  Pope                   Rutherford
Ryan                   Sabb                   Sellers
Simrill                Skelton                G. M. Smith
G. R. Smith            J. R. Smith            Sottile
Spires                 Stringer               Tallon
Taylor                 Thayer                 Toole

Printed Page 2786 . . . . . Tuesday, May 3, 2011

Tribble                Weeks                  White
Whitmire               Williams               Willis
Young

Total--97

Those who voted in the negative are:

Total--0

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

RECORD FOR VOTING

I was temporarily out of the Chamber on constituent business during the vote on S. 358. If I had been present, I would have voted in favor of the Bill.

Rep. V. Stephen Moss

MOTION NOTED

Rep. WHITE moved to reconsider the vote whereby S. 109 (Word version) was rejected and the motion was noted.

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

ADJOURNMENT

At 1:05 p.m. the House, in accordance with the motion of Rep. HUGGINS, adjourned in memory of James Ian Calhoon of Lexington, to meet at 10:00 a.m. tomorrow.

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This web page was last updated on Wednesday, November 23, 2011 at 2:07 P.M.