Indicates Matter Stricken
Indicates New Matter
The House assembled at 10:00 a.m.
Deliberations were opened with prayer by Rev. Charles E. Seastrunk, Jr., as follows:
Our thought for today is from Psalm 25:21: "May integrity and uprightness preserve me, for I wait for you."
Let us pray. Almighty God, source of all wisdom and strength, grant to these Representatives the judgment to think and do what is good for Your people. Sustain them in their discussions and support them as they boldly work to preserve the integrity of their office and this Assembly. Bless our Nation, State, and all those leaders who guide us. Protect our defenders of freedom, at home and abroad, as they protect us. Heal the wounds, those seen and those hidden, of our brave warriors. Lord, in Your mercy, hear our prayer. Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.
After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.
Rep. SELLERS moved that when the House adjourns, it adjourn in memory of Attorney David Crum of Denmark, which was agreed to.
The following was received:
Columbia, S.C., June 28, 2012
Mr. Speaker and Members of the House:
The Senate respectfully invites your Honorable Body to attend in the Senate Chamber at a mutually convenient time today, for the purpose of ratifying Acts.
Very respectfully,
President
On motion of Rep. PATRICK the invitation was accepted.
The following was received:
Columbia, S.C., June 28, 2012
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 1419:
S. 1419 (Word version) -- Senators Thomas, Ford and Hayes: A BILL TO AMEND CHAPTER 45, TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE BROKERS AND SURPLUS LINES INSURANCE, SO AS TO DEFINE TERMS, TO PROVIDE THAT THE REVENUE COLLECTED FROM THE BROKER'S PREMIUM TAX RATE MUST BE CREDITED TO A SPECIAL EARMARKED FUND, TO PROVIDE THE MANNER IN WHICH THE FUND MAY BE USED AND DISBURSED, TO AUTHORIZE THE DIRECTOR OF THE DEPARTMENT OF INSURANCE TO CONDUCT EXAMINATIONS OF BROKER RECORDS, TO ALLOW THE DEPARTMENT OF INSURANCE TO PROMULGATE REGULATIONS NECESSARY TO IMPLEMENT THE CHAPTER, TO PROVIDE THE MANNER IN WHICH THE NONADMITTED AND REINSURANCE REFORM ACT OF 2010 MAY BE IMPLEMENTED; AND TO AMEND SECTION 38-7-160, RELATING TO MUNICIPAL LICENSE FEES AND TAXES, SO AS TO DISALLOW A MUNICIPALITY FROM CHARGING AN ADDITIONAL LICENSE FEE OR TAX BASED UPON A PERCENTAGE OF PREMIUMS FOR PURPOSES OF SURPLUS LINES INSURANCE.
and has ordered the Bill enrolled for ratification.
Very respectfully,
President
Received as information.
The following was received:
Columbia, S.C., June 28, 2012
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has requested and has granted free conference powers and appointed Senators Knotts, Massey and Coleman of the Committee of Free Conference on the part of the Senate on S. 45:
S. 45 (Word version) -- Senators McConnell, Campsen and Ford: A BILL TO AMEND CHAPTER 15, TITLE 17 OF THE SOUTH CAROLINA CODE OF LAWS, 1976, BY ADDING SECTION 17-15-55, SO AS TO PROVIDE THAT THE CIRCUIT COURT SHALL CONSIDER MOTIONS REGARDING RECONSIDERATION OF BOND FOR GENERAL SESSIONS OFFENSES SET BY A SUMMARY COURT JUDGE; TO PROVIDE THAT FURTHER DEFENSE MOTIONS TO RECONSIDER BOND MAY BE HEARD BY THE CIRCUIT COURT ONLY UPON THE DEFENDANT'S PRIMA FACIE SHOWING OF A MATERIAL CHANGE IN CIRCUMSTANCE; TO PROVIDE THAT MOTIONS BY THE STATE TO REVOKE OR MODIFY A DEFENDANT'S BOND MUST BE MADE IN WRITING, STATE WITH PARTICULARITY THE GROUNDS FOR REVOCATION OR MODIFICATION, AND SET FORTH THE RELIEF OR ORDER SOUGHT; AND TO PROVIDE THAT, IF THE STATE'S MOTION TO REVOKE OR MODIFY BOND INCLUDES A PRIMA FACIE SHOWING OF IMMINENT DANGER TO THE COMMUNITY, OR IMMINENT DANGER TO THE DEFENDANT, OR FLIGHT BY THE DEFENDANT, THE CHIEF JUDGE OR PRESIDING JUDGE SHALL CONDUCT OR ORDER AN EMERGENCY HEARING WITHIN FORTY-EIGHT HOURS.
Very respectfully,
President
Received as information.
The following was received:
Columbia, S.C., June 28, 2012
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that the Report of the Committee of Free Conference, having been adopted by both Houses, it was ordered that the title be changed to that of an Act and the Act enrolled for ratification.
S. 45 (Word version) -- Senators McConnell, Campsen and Ford: A BILL TO AMEND CHAPTER 15, TITLE 17 OF THE SOUTH CAROLINA CODE OF LAWS, 1976, BY ADDING SECTION 17-15-55, SO AS TO PROVIDE THAT THE CIRCUIT COURT SHALL CONSIDER MOTIONS REGARDING RECONSIDERATION OF BOND FOR GENERAL SESSIONS OFFENSES SET BY A SUMMARY COURT JUDGE; TO PROVIDE THAT FURTHER DEFENSE MOTIONS TO RECONSIDER BOND MAY BE HEARD BY THE CIRCUIT COURT ONLY UPON THE DEFENDANT'S PRIMA FACIE SHOWING OF A MATERIAL CHANGE IN CIRCUMSTANCE; TO PROVIDE THAT MOTIONS BY THE STATE TO REVOKE OR MODIFY A DEFENDANT'S BOND MUST BE MADE IN WRITING, STATE WITH PARTICULARITY THE GROUNDS FOR REVOCATION OR MODIFICATION, AND SET FORTH THE RELIEF OR ORDER SOUGHT; AND TO PROVIDE THAT, IF THE STATE'S MOTION TO REVOKE OR MODIFY BOND INCLUDES A PRIMA FACIE SHOWING OF IMMINENT DANGER TO THE COMMUNITY, OR IMMINENT DANGER TO THE DEFENDANT, OR FLIGHT BY THE DEFENDANT, THE CHIEF JUDGE OR PRESIDING JUDGE SHALL CONDUCT OR ORDER AN EMERGENCY HEARING WITHIN FORTY-EIGHT HOURS.
Very respectfully,
President
Received as information.
The following was introduced:
H. 5437 (Word version) -- Reps. Forrester, Allison, Anthony, Brannon, Chumley, Cole, Parker, Tallon, Agnew, Alexander, Allen, Anderson, Atwater, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bikas, Bingham, Bowen, Bowers, Brady, Branham, Brantley, G. A. Brown, H. B. Brown, R. L. Brown, Butler Garrick, Clemmons, Clyburn, Cobb-Hunter, Corbin, Crawford, Crosby, Daning, Delleney, Dillard, Edge, Erickson, 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, D. C. Moss, V. S. Moss, Munnerlyn, Murphy, Nanney, J. H. Neal, J. M. Neal, Neilson, Norman, Ott, Owens, Parks, Patrick, Pinson, Pitts, Pope, Putnam, Quinn, Rutherford, Ryan, Sabb, Sandifer, Sellers, Simrill, Skelton, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, Sottile, Southard, Spires, Stavrinakis, Stringer, Taylor, Thayer, Toole, Tribble, Vick, Weeks, Whipper, White, Whitmire, Williams, Willis and Young: A HOUSE RESOLUTION TO HONOR AND REMEMBER THE SUPREME SACRIFICE MADE BY CAPTAIN JOHN DAVID HORTMAN OF THE UNITED STATES ARMY WHILE HE WAS SERVING A TOUR OF MILITARY DUTY; TO EXPRESS TO HIS FAMILY THE DEEPEST APPRECIATION OF A GRATEFUL STATE AND NATION FOR HIS LIFE, SACRIFICE, AND SERVICE; AND TO HONOR HIM ON THE OCCASION OF THE UNVEILING OF THE SIGN DEDICATING THE BRIDGE THAT CROSSES THE MIDDLE TYGER RIVER ALONG SOUTH CAROLINA HIGHWAY 296 IN SPARTANBURG COUNTY IN HIS HONOR.
Whereas, the South Carolina House of Representatives is pleased to note that the signage dedicating the bridge that crosses the Middle Tyger River along South Carolina Highway 296 in Spartanburg County to the honor of the late Captain John David Hortman of the United States Army soon will be unveiled; and
Whereas, for the many friends, family members, and Army comrades who knew and appreciated Captain Hortman, this bridge and its sign bear quiet testimony to the years of sacrificial military service he rendered to his State and nation; and
Whereas, a native of Inman, Captain John David Hortman was the son of Brenda Touchton Jones and the late John Wilmer Hortman and a member of Central Church of Christ; and
Whereas, while attending Byrnes High School, he was elected student body president; attended Palmetto Boys State, where he was elected lieutenant governor; and participated in Boys Nation, where he was appointed secretary of state; and
Whereas, Captain Hortman, in preparation for his career, graduated in 2004 from the United States Military Academy; and
Whereas, during his distinguished service in the military, Captain Hortman received the Bronze Star Medal, Meritorious Service Medal (posthumously), Air Medal, Army Commendation Medal, National Defense Medal, Iraq Campaign Medal, and Global War on Terrorism Medal; and
Whereas, the members of the House of Representatives were greatly saddened when they learned he was killed during a training accident in Fort Benning, Georgia, on August 8, 2011; and
Whereas, the members of the South Carolina House of Representatives, on behalf of all South Carolinians, acknowledge with deep appreciation the great sacrifice the men and women of the United States Armed Forces make for the ideals of freedom and justice, which are so richly enjoyed in this nation; and
Whereas, the South Carolina House of Representatives counts it a great privilege to remember Captain John David Hortman, and the members with one voice offer their grateful thanks to Almighty God for the service and ultimate sacrifice of this courageous son of liberty. Now, therefore,
Be it resolved by the House of Representatives:
That the members of the South Carolina House of Representatives, by this resolution, honor and remember the supreme sacrifice made by Captain John David Hortman of the United States Army while he was serving a tour of military duty; express to his family the deepest appreciation of a grateful State and nation for his life, sacrifice, and service; and honor him on the occasion of the unveiling of the sign dedicating the bridge that crosses the Middle Tyger River along South Carolina Highway 296 in Spartanburg County in his honor.
Be it further resolved that a copy of this resolution be presented to the family of Captain John David Hortman.
The Resolution was adopted.
The roll call of the House of Representatives was taken resulting as follows:
Allen Allison Anthony Bales Ballentine Bannister Barfield Bedingfield Bingham Bowen Branham G. A. Brown Butler Garrick Chumley Clemmons Clyburn Cole Corbin Crosby Daning Delleney Dillard Edge Erickson Forrester Frye Hamilton Hardwick Harrell Harrison Hayes Hearn Henderson Herbkersman Hiott Hixon Hosey Howard Huggins Johnson King Knight Limehouse Loftis Lucas Mack McCoy McEachern McLeod Merrill D. C. Moss V. S. Moss Munnerlyn Nanney J. H. Neal J. M. Neal Norman Ott Owens Patrick Pinson Pope Putnam Quinn Ryan Sandifer Sellers Simrill Skelton G. M. Smith G. R. Smith J. E. Smith Sottile Southard Stavrinakis Tallon Taylor Toole Weeks Whipper White Whitmire Williams Willis Young
I came in after the roll call and was present for the Session on Thursday, June 28.
Paul Agnew Laurie Funderburk Mike Gambrell Michael A. Pitts Phillip Lowe Joan Brady Roland Smith David Tribble, Jr. Terry Alexander Anne Thayer Anne Parks Gilda Cobb-Hunter Douglas "Doug" Brannon Boyd Brown Jerry Govan William Bowers Todd Rutherford Ted Vick Ronnie A. Sabb Kenneth F. Hodges Chris Hart
The SPEAKER granted Rep. GOVAN a temporary leave of absence.
The SPEAKER granted Rep. BOWERS a temporary leave of absence.
The SPEAKER granted Rep. HODGES a temporary leave of absence.
The SPEAKER granted Rep. BRANTLEY a leave of absence for the day due to a death in the family.
The SPEAKER granted Rep. LONG a leave of absence for the day.
The SPEAKER granted Rep. JEFFERSON a leave of absence for the day.
The SPEAKER granted Rep. ANDERSON a leave of absence for the day due to attending a conference.
The SPEAKER granted Rep. MURPHY a leave of absence for the day.
The SPEAKER granted Rep. HORNE a leave of absence for the day due to family medical reasons.
The SPEAKER granted Rep. R. L. BROWN a leave of absence for the day due to a prior business commitment.
The SPEAKER granted Rep. STRINGER a leave of absence for the day due to a prior commitment.
The SPEAKER granted Rep. J. R. SMITH a leave of absence for the remainder of the day due to the requirement of his attendance at the Ethics Committee Hearing concerning IN THE MATTER OF NIKKI R. HALEY.
The SPEAKER granted Rep. FUNDERBURK a leave of absence for the remainder of the day due to the requirement of her attendance at the Ethics Committee Hearing concerning IN THE MATTER OF NIKKI R. HALEY.
The SPEAKER granted Rep. GAMBRELL a leave of absence for the remainder of the day due to the requirement of his attendance at the Ethics Committee Hearing concerning IN THE MATTER OF NIKKI R. HALEY.
The SPEAKER granted Rep. PITTS a leave of absence for the remainder of the day due to the requirement of his attendance at the Ethics Committee Hearing concerning IN THE MATTER OF NIKKI R. HALEY.
The SPEAKER granted Rep. LOWE a leave of absence for the remainder of the day due to the requirement of his attendance at the Ethics Committee Hearing concerning IN THE MATTER OF NIKKI R. HALEY.
The SPEAKER granted Rep. BRADY a leave of absence for the remainder of the day due to the requirement of her attendance at the Ethics Committee Hearing concerning IN THE MATTER OF NIKKI R. HALEY.
The SPEAKER ordered the following Veto printed in the Journal:
June 27, 2012
The Honorable Robert W. Harrell, Jr.
Speaker of the House of Representatives
Statehouse, Second Floor
Columbia, South Carolina 29201
Dear Mr. Speaker and Members of the House,
I hereby veto and return without my approval R. 319, H. 3790 (Word version), a local bill creating the Bamberg County Water and Sewer Authority wholly located in Bamberg County.
Since the beginning of my Administration, I have been clear that I will veto local legislation that is clearly unconstitutional. H. 3790 affects only Bamberg County and therefore is unconstitutional - violating the Home Rule provision of our State Constitution, Article VIII, Section 7.
Every member of the General Assembly is expected to vote on all legislation, including local bills. I believe members who fail to vote are supporting the violation of our constitution that we have sworn to uphold. Therefore, I ask that you stop the practice of passing unconstitutional local legislation and help preserve and protect our State Constitution by sustaining this veto.
For too long, the General Assembly has involved itself in entirely local issues like providing water and sewer services to county and municipal residents, which violate Home Rule. Accordingly, I would ask the General Assembly to send me a bill devolving individual delegations' authority relating to single county special purpose districts to county governing bodies, as our State Constitution intended almost 40 years ago.
For these reasons, I am vetoing R. 319, H. 3790.
Sincerely,
Nikki R. Haley
Governor
The Veto on the following Act was taken up:
(R. 319, H. 3790 (Word version)) -- Rep. Sellers: AN ACT TO CREATE THE BAMBERG COUNTY WATER AND SEWER AUTHORITY; TO PROVIDE FOR ITS DUTIES, RESPONSIBILITIES, AND POWERS; AND TO PROVIDE FOR THE APPOINTMENT AND TERMS OF THE AUTHORITY'S MEMBERS.
The question was put, shall the Act become a part of the law, the Veto of her Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander Allen Allison Anthony Bales Bannister Barfield Bowen Branham Brannon G. A. Brown Butler Garrick Clemmons Clyburn Cole Corbin Dillard Edge Erickson Forrester Hardwick Harrell Harrison Hayes Hearn Herbkersman Hosey Howard Huggins Johnson King Knight Limehouse Mack McCoy McEachern McLeod D. C. Moss V. S. Moss Munnerlyn J. H. Neal J. M. Neal Ott Parks Patrick Quinn Sellers Simrill J. E. Smith Sottile Stavrinakis Tallon Weeks Williams Young
Those who voted in the negative are:
Bedingfield Hamilton Nanney Norman Willis
So, the Veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.
Rep. SELLERS moved to reconsider the vote whereby the Veto on the following Act was overridden:
(R. 319, H. 3790 (Word version)) -- Rep. Sellers: AN ACT TO CREATE THE BAMBERG COUNTY WATER AND SEWER AUTHORITY; TO PROVIDE FOR ITS DUTIES, RESPONSIBILITIES, AND POWERS; AND TO PROVIDE FOR THE APPOINTMENT AND TERMS OF THE AUTHORITY'S MEMBERS.
Rep. SELLERS moved to table the motion to reconsider, which was agreed to.
The Senate Amendments to the following Joint Resolution were taken up for consideration:
H. 5418 (Word version) -- Reps. White, Harrell, Lucas, Bingham, Herbkersman, Limehouse, Merrill, Pitts, Simrill, G. M. Smith, G. R. Smith, Clyburn and Ott: A JOINT RESOLUTION TO PROVIDE FOR THE CONTINUING AUTHORITY TO PAY THE EXPENSES OF STATE GOVERNMENT IF THE 2012-2013 FISCAL YEAR BEGINS WITHOUT A GENERAL APPROPRIATIONS ACT FOR THAT YEAR IN EFFECT, AND TO PROVIDE EXCEPTIONS; AND TO AMEND SECTION 12-6-545, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INCOME TAX RATES FOR PASS-THROUGH TRADE AND BUSINESS INCOME, SO AS TO REDUCE THE TAX RATE FROM FIVE PERCENT TO THREE PERCENT OVER THREE YEARS.
Rep. WHITE explained the Senate Amendments.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander Allen Allison Anthony Bales Ballentine Bannister Barfield Bedingfield Bingham Bowen Brady Branham Brannon G. A. Brown Butler Garrick Chumley Clemmons Clyburn Cobb-Hunter Cole Corbin Crosby Daning Delleney Dillard Edge Erickson Forrester Frye Funderburk Gambrell Hamilton Hardwick Harrell Harrison Hayes Hearn Henderson Herbkersman Hiott Hixon Hosey Howard Huggins Johnson Knight Limehouse Loftis Lowe Lucas Mack McCoy McEachern McLeod Merrill D. C. Moss V. S. Moss Munnerlyn Nanney J. H. Neal J. M. Neal Norman Ott Owens Parks Patrick Pinson Pitts Pope Putnam Quinn Ryan Sandifer Sellers Simrill Skelton G. M. Smith G. R. Smith J. E. Smith J. R. Smith Sottile Southard Stavrinakis Tallon Taylor Thayer Toole Weeks Whipper White Whitmire Williams Willis Young
Those who voted in the negative are:
The Senate Amendments were agreed to, and the Joint Resolution having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
CONFERENCE REPORT
H. 4813
The General Assembly, Columbia, S.C., June 28, 2012
The COMMITTEE OF CONFERENCE, to whom was referred (Doc. No. L:\council\bbm\10733htc12.docx):
H. 4813 -- Ways and Means Committee: A BILL TO MAKE APPROPRIATIONS AND TO PROVIDE REVENUES TO MEET THE ORDINARY EXPENSES OF STATE GOVERNMENT FOR THE FISCAL YEAR BEGINNING JULY 1, 2012, TO REGULATE THE EXPENDITURE OF SUCH FUNDS, AND TO FURTHER PROVIDE FOR THIS OPERATION OF STATE GOVERNMENT DURING THIS FISCAL YEAR AND FOR OTHER PURPOSES.
Beg leave to report that they have duly and carefully considered the same and recommend:
That the same do pass with the following amendments:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
Amend title to conform.
Sen. Hugh. K. Leatherman Rep. W. Brian White Sen. John Land Rep. G. Murrell Smith Sen. Danny Verdin Rep. Harry Ott On Part of the Senate. On Part of the House.
Rep. WHITE explained the Conference Report.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander Allen Allison Anthony Bales Ballentine Bannister Barfield Bedingfield Bingham Bowen Brady Branham Brannon G. A. Brown H. B. Brown Butler Garrick Clemmons Clyburn Cobb-Hunter Cole Daning Delleney Dillard Edge Erickson Forrester Funderburk Gambrell Govan Hamilton Hardwick Harrell Harrison Hayes Hearn Henderson Herbkersman Hiott Hosey Howard Huggins Johnson Knight Limehouse Loftis Lowe Lucas Mack McCoy McEachern McLeod Merrill D. C. Moss V. S. Moss Munnerlyn Nanney J. H. Neal J. M. Neal Norman Ott Owens Parks Patrick Pitts Pope Quinn Rutherford Ryan Sabb Sandifer Sellers Simrill Skelton G. M. Smith G. R. Smith J. R. Smith Sottile Stavrinakis Tallon Taylor Thayer Vick Weeks White Whitmire Williams Willis Young
Those who voted in the negative are:
Bowers Chumley Corbin Frye King Pinson Putnam J. E. Smith Southard Whipper
The Conference Report was adopted and a message was ordered sent to the Senate accordingly.
I voted for the package of Bills that made up the 2012-2013 Budget. I did this because of the tax cut for small businesses. However, I'm troubled by many of the earmarks that are in the Bills and some of the increases in fees and other spending increases. I'm writing the Governor to ask for vetoes of these items.
Rep. Rick Quinn
Although there are many items within the State Appropriation Conference Report that I support, I voted against the Conference Report because it fails to fulfill our constitutional mandate to provide at least a minimally adequate public education. Moreover, it fails to establish a plan to meet that most important obligation for the future.
Rep. James E. Smith, Jr.
CONFERENCE REPORT
H. 4814
The General Assembly, Columbia, S.C., June 18, 2012
The COMMITTEE OF CONFERENCE, to whom was referred: (Doc. Name Council\bbm\10732HTC12.DOCX):
H. 4814 (Word version) -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 2011-2012, TO PROVIDE REPORTING REQUIREMENTS WITH RESPECT TO A SPECIFIC APPROPRIATION, AND TO ALLOW UNEXPENDED FUNDS APPROPRIATED TO BE CARRIED FORWARD TO SUCCEEDING FISCAL YEARS AND EXPENDED FOR THE SAME PURPOSES.
Beg leave to report that they have duly and carefully considered the same and recommend:
That the same do pass with the following amendments:
Amend the joint resolution, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. In accordance with the provisions of Section 36(B)(2) and (3), Article III, Constitution of South Carolina, 1895, and Section 11-11-320(C) and (D) of the 1976 Code, there is appropriated from the monies available in the Capital Reserve Fund for Fiscal Year 2011-2012 the following amounts:
(1) R60-Department of Employment and Workforce
SUTA Tax Relief $ 43,200,000
(2) H59-State Board for Technical and Comprehensive Education
CATT Program/Ready SC $ 13,250,000
(3) H59-State Board for Technical and Comprehensive Education
Trident Technical College Aeronautical Training
Equipment $ 500,000
(4) H59-State Board for Technical and Comprehensive Education
Orangeburg-Calhoun Technical College
Programmable Logic Controller
Equipment $ 500,000
(5) H59-State Board for Technical and Comprehensive Education
Denmark Technical College
Deferred Maintenance $ 250,000
(6) J02-Department of Health and Human Services
Medicaid Management
Information System $ 3,238,588
(7) H09-The Citadel
Jenkins Hall Arms Room Upgrade $ 200,000
(8) H09-The Citadel
Deferred Maintenance $ 737,691
(9) H12-Clemson University
Grid Simulator Project $ 3,000,000
(10) H12-Clemson University
Greenwood Genetics Lab $ 2,000,000
(11) H12-Clemson University
Deferred Maintenance $ 1,595,044
(12) H15-University of Charleston
Science Center Construction $ 1,924,246
(13) H17-Coastal Carolina University
Research Vessel $ 948,366
(14) H18-Francis Marion University
Nurse Practitioner Program $ 100,000
(15) H18-Francis Marion University
Deferred Maintenance $ 1,141,069
(16) H21-Lander University
Deferred Maintenance $ 646,417
(17) H24-South Carolina State University
Deferred Maintenance $ 1,255,979
(18) H27-University of South Carolina
Columbia Campus
USC Palmetto College $ 2,115,000
(19) H27-University of South Carolina
Columbia Campus
USC Law School $ 10,000,000
(20) H29-USC-Aiken Campus
Deferred Maintenance $ 553,795
(21) H34-USC-Upstate Campus
Deferred Maintenance $ 729,126
(22) H36-USC-Beaufort Campus
Deferred Maintenance $ 327,207
(23) H37-USC-Lancaster Campus
Deferred Maintenance $ 137,302
(24) H38-USC-Salkehatchie Campus
Deferred Maintenance $ 116,979
(25) H39-USC-Sumter Campus
Deferred Maintenance $ 367,869
(26) H40-USC-Union Campus
Deferred Maintenance $ 53,290
(27) H47-Winthrop University
Student Information Technology
Infrastructure Update $ 500,000
(28) H47-Winthrop University
Deferred Maintenance $ 1,374,947
(29) H51-Medical University of South Carolina
Ashley Tower Renovation - MUSC
Hospital Authority $ 5,500,000
(30) H51-Medical University of South Carolina
Deferred Maintenance $ 3,200,000
(31) P16-Department of Agriculture Farmers Market Phase II
Property Acquisition and Expansion $ 50,000
(32) P20-Clemson University-PSA
Power Grid Research $ 75,000
$ 99,587,915
SECTION 2. The Comptroller General shall post the appropriations contained in this joint resolution as provided in Section 11-11-320(D) of the 1976 Code. Unexpended funds appropriated pursuant to this joint resolution may be carried forward to succeeding fiscal years and expended for the same purposes.
SECTION 3. This joint resolution takes effect thirty days after the completion of the 2011-2012 fiscal year in accordance with the provisions of Section 36(B)(3)(a), Article III, Constitution of South Carolina, 1895, and Section 11-11-320(D)(1) of the 1976 Code. /
Amend title to read:
/ A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 2011-2012, AND TO ALLOW UNEXPENDED FUNDS APPROPRIATED TO BE CARRIED FORWARD TO SUCCEEDING FISCAL YEARS AND EXPENDED FOR THE SAME PURPOSES. /
Sen. Hugh K. Leatherman, Sr. Rep. W. Brian White Sen. John C. Land III Rep. G. Murrell Smith, Jr. Sen. Daniel B. Verdin III Rep. Harry L. Ott, Jr. On Part of the Senate. On Part of the House.
Rep. WHITE explained the Conference Report.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander Allen Allison Anthony Bales Ballentine Bannister Barfield Bedingfield Bingham Bowen Bowers Brady Branham Brannon G. A. Brown H. B. Brown Butler Garrick Clemmons Clyburn Cobb-Hunter Cole Daning Delleney Dillard Edge Erickson Forrester Funderburk Gambrell Govan Hamilton Hardwick Harrell Harrison Hayes Hearn Henderson Herbkersman Hiott Hixon Hosey Howard Huggins Johnson Knight Limehouse Loftis Lowe Lucas Mack McCoy McEachern McLeod Merrill D. C. Moss V. S. Moss Munnerlyn Nanney J. H. Neal J. M. Neal Norman Ott Owens Parks Patrick Pinson Pitts Pope Putnam Quinn Rutherford Ryan Sabb Sandifer Sellers Simrill Skelton G. M. Smith G. R. Smith J. E. Smith J. R. Smith Sottile Stavrinakis Tallon Taylor Thayer Vick Weeks White Whitmire Williams Willis Young
Those who voted in the negative are:
Chumley Corbin Frye King Southard Whipper
The Conference Report was adopted and a message was ordered sent to the Senate accordingly.
I was temporarily out of the Chamber on constituent business during the votes on adopting the Conference Reports to H. 4813, the General Appropriation Bill and H. 4814, the Capital Reserve Fund Bill. If I had been present, I would have voted in favor of adopting both Conference Reports.
Rep. Chris Hart
The following was received:
Columbia, S.C., June 28, 2012
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Conference on H. 4813:
H. 4813 -- Ways and Means Committee: A BILL TO MAKE APPROPRIATIONS AND TO PROVIDE REVENUES TO MEET THE ORDINARY EXPENSES OF STATE GOVERNMENT FOR THE FISCAL YEAR BEGINNING JULY 1, 2012, TO REGULATE THE EXPENDITURE OF SUCH FUNDS, AND TO FURTHER PROVIDE FOR THIS OPERATION OF STATE GOVERNMENT DURING THIS FISCAL YEAR AND FOR OTHER PURPOSES.
The Report of the Committee of Conference, having been adopted by both Houses, ordered that the title be changed to that of an Act, and the Act enrolled for Ratification.
Very respectfully,
President
Received as information.
The following was received:
Columbia, S.C., June 28, 2012
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has adopted the Report of the Committee of Conference on H. 4814. The Report of the Committee of Conference, having been adopted by both Houses, it was ordered that the title be changed to that of an Act, and the Act enrolled for ratification.
H. 4814 (Word version) -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 2011 2012, AND TO ALLOW UNEXPENDED FUNDS APPROPRIATED TO BE CARRIED FORWARD TO SUCCEEDING FISCAL YEARS AND EXPENDED FOR THE SAME PURPOSES.
Very respectfully,
President
Received as information.
The following was received:
Columbia, S.C., June 28, 2012
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has overridden the Veto by the Governor on R. 319, H. 3790 by a vote of 20 to 10:
(R. 319, H. 3790 (Word version)) -- Rep. Sellers: AN ACT TO CREATE THE BAMBERG COUNTY WATER AND SEWER AUTHORITY; TO PROVIDE FOR ITS DUTIES, RESPONSIBILITIES, AND POWERS; AND TO PROVIDE FOR THE APPOINTMENT AND TERMS OF THE AUTHORITY'S MEMBERS.
Very respectfully,
President
Received as information.
Rep. PINSON moved that the House adjourn, pending Ratification of Acts, which was agreed to.
Pursuant to an invitation the Honorable Speaker and House of Representatives appeared in the Senate Chamber on June 28, 2012, at 11:00 A.M. and the following Acts and Joint Resolution were ratified:
(R324, S. 1340 (Word version)) -- Senators Malloy and Knotts: AN ACT TO AMEND SECTION 41-15-520, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REMEDIES OF AN EMPLOYEE ALLEGING DISCRIMINATION, SO AS TO PROVIDE PROCEDURES THE DIRECTOR OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION SHALL FOLLOW UPON RECEIPT OF A COMPLAINT ALLEGING DISCRIMINATION.
(R325, S. 1419 (Word version)) -- Senators Thomas, Ford and Hayes: AN ACT TO AMEND CHAPTER 45, TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE BROKERS AND SURPLUS LINES INSURANCE, SO AS TO DEFINE TERMS, TO PROVIDE THAT THE REVENUE COLLECTED FROM THE BROKER'S PREMIUM TAX RATE MUST BE CREDITED TO A SPECIAL EARMARKED FUND, TO PROVIDE THE MANNER IN WHICH THE FUND MAY BE USED AND DISBURSED, TO AUTHORIZE THE DIRECTOR OF THE DEPARTMENT OF INSURANCE TO CONDUCT EXAMINATIONS OF BROKER RECORDS, TO ALLOW THE DEPARTMENT OF INSURANCE TO PROMULGATE REGULATIONS NECESSARY TO IMPLEMENT THE CHAPTER, TO PROVIDE THE MANNER IN WHICH THE NONADMITTED AND REINSURANCE REFORM ACT OF 2010 MAY BE IMPLEMENTED; AND TO AMEND SECTION 38-7-160, RELATING TO MUNICIPAL LICENSE FEES AND TAXES, SO AS TO DISALLOW A MUNICIPALITY FROM CHARGING AN ADDITIONAL LICENSE FEE OR TAX BASED UPON A PERCENTAGE OF PREMIUMS FOR PURPOSES OF SURPLUS LINES INSURANCE.
(R326, H. 3508 (Word version)) -- Reps. Gambrell, Sandifer, Harrell, Erickson, Limehouse, Weeks, H.B. Brown, Agnew, Allison, Anthony, Bales, Bannister, Bedingfield, Bingham, Brady, Brannon, G.A. Brown, Cole, Crosby, Forrester, Hardwick, Harrison, Hayes, Hiott, Hixon, Horne, Lowe, Lucas, McCoy, D.C. Moss, Owens, Parker, Pinson, Pitts, Skelton, J.E. Smith, J.R. Smith, Sottile, Tallon, Vick, White, Taylor, Hamilton, Battle, Allen, Dillard, Alexander, Cooper, Mack and Bowen: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO RETITLE ARTICLE 23, CHAPTER 9, TITLE 58, RELATING TO GOVERNMENT-OWNED TELECOMMUNICATIONS SERVICE PROVIDERS AS "GOVERNMENT-OWNED COMMUNICATIONS SERVICE PROVIDERS"; BY ADDING SECTION 58-9-2660 SO AS TO PROVIDE A GOVERNMENT-OWNED COMMUNICATIONS SERVICE PROVIDER MAY PETITION THE PUBLIC SERVICE COMMISSION TO DESIGNATE ONE OR MORE AREAS AS AN "UNSERVED AREA", TO SPECIFY THE PROCEDURE FOR MAKING AND PROTESTING THIS PETITION, TO PROVIDE FOR A HEARING OF A PROTEST TO A PETITION, TO PROVIDE FOR THE APPLICATION OF CERTAIN PROVISIONS OF LAW TO AN UNSERVED AREA, AND TO PROVIDE A PROCESS FOR PETITIONING FOR A DETERMINATION THAT AN AREA HAS CEASED TO BE AN UNSERVED AREA; TO AMEND SECTION 58-9-10, AS AMENDED, RELATING TO DEFINITIONS CONCERNING TELEPHONE COMPANIES, SO AS TO MODIFY THE DEFINITION OF "BROADBAND SERVICE"; TO AMEND SECTION 58-9-2600, RELATING TO THE PURPOSE OF ARTICLE 23, CHAPTER 9, TITLE 58, SO AS TO MAKE CONFORMING CHANGES AND CLARIFY THE SCOPE OF THE ARTICLE; TO AMEND SECTION 58-9-2610, RELATING TO DEFINITIONS CONCERNING GOVERNMENT-OWNED TELECOMMUNICATIONS SERVICE PROVIDERS, SO AS TO MAKE CONFORMING CHANGES AND ADD CERTAIN DEFINITIONS; TO AMEND SECTION 58-9-2620, AS AMENDED, RELATING TO DUTIES, RESTRICTIONS, RATE COMPUTATIONS, AND ACCOUNTING REQUIREMENTS OF GOVERNMENT-OWNED TELECOMMUNICATIONS SERVICE PROVIDERS, SO AS TO MAKE CONFORMING CHANGES, TO ALLOW A GOVERNMENT-OWNED COMMUNICATIONS SERVICE PROVIDER MAY PROVIDE CERTAIN MATCHING FUNDS TO COMPLY WITH A FEDERAL GRANT, TO GIVE THE OFFICE OF REGULATORY STAFF JURISDICTION TO INVESTIGATE THE COMPLIANCE OF A GOVERNMENT-OWNED COMMUNICATIONS PROVIDER WITH THE PROVISIONS OF THIS CHAPTER, TO PROVIDE THE COMMISSION MAY ENFORCE THE COMPLIANCE OF A GOVERNMENT-OWNED COMMUNICATIONS SERVICE PROVIDER WITH THE PROVISIONS OF THIS CHAPTER, AND TO CLARIFY THAT THIS SECTION DOES NOT EXPAND OR LIMIT THE JURISDICTION OF THE COMMISSION OR OFFICE OF REGULATORY STAFF WITH RESPECT TO ANY SERVICE PROVIDER OTHER THAN A GOVERNMENT-OWNED COMMUNICATIONS SERVICE PROVIDER; TO AMEND SECTION 58-9-2630, RELATING TO CERTAIN TAX COLLECTIONS AND PAYMENTS, SO AS TO MAKE CONFORMING CHANGES; TO AMEND SECTION 58-9-2650, RELATING TO LIABILITY INSURANCE RATES FOR COMMUNICATIONS OPERATIONS, SO AS TO MAKE CONFORMING CHANGES; BY ADDING SECTION 58-9-2670 SO AS TO EXEMPT CERTAIN GOVERNMENT-OWNED COMMUNICATIONS SERVICE PROVIDERS FROM CERTAIN PROVISIONS; BY ADDING SECTION 58-9-2689 SO AS TO REQUIRE THE STATE REGULATION OF PUBLIC UTILITIES REVIEW COMMITTEE TO SUBMIT A REPORT TO THE GENERAL ASSEMBLY EVERY FIVE YEARS DETAILING THE EFFECT OF THIS ACT; AND TO CLARIFY THAT THIS ACT DOES NOT EXPAND, DIMINISH, OR OTHERWISE AFFECT CERTAIN PROVISIONS REGARDING THE SOUTH CAROLINA LIGHTRAIL CONSORTIUM.
(R327, H. 4494 (Word version)) -- Reps. Huggins, Long, Pitts, G.R. Smith and Bedingfield: AN ACT TO AMEND SECTION 23-31-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PURCHASE OF RIFLES OR SHOTGUNS IN CONTIGUOUS STATES, SO AS TO REMOVE THE REQUIREMENT THAT THE PURCHASE BE MADE FROM A CONTIGUOUS STATE; AND TO REPEAL ARTICLE 3, CHAPTER 31, TITLE 23 RELATING TO THE REGULATION OF PISTOLS.
(R328, H. 5418 (Word version)) -- Reps. White, Harrell, Lucas, Bingham, Herbkersman, Limehouse, Merrill, Pitts, Simrill, G.M. Smith, G.R. Smith, Clyburn and Ott: A JOINT RESOLUTION TO PROVIDE FOR THE CONTINUING AUTHORITY TO PAY THE EXPENSES OF STATE GOVERNMENT IF THE 2012-2013 FISCAL YEAR BEGINS WITHOUT A GENERAL APPROPRIATIONS ACT FOR THAT YEAR IN EFFECT, AND TO PROVIDE EXCEPTIONS; AND TO AMEND SECTION 12-6-545, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INCOME TAX RATES FOR PASS-THROUGH TRADE AND BUSINESS INCOME, SO AS TO REDUCE THE TAX RATE FROM FIVE PERCENT TO THREE PERCENT OVER THREE YEARS.
Pursuant to an invitation the Honorable Speaker and House of Representatives appeared in the Senate Chamber on June 29, 2012, at 2:15 P.M. and the following Acts and Joint Resolution were ratified:
(R329, S. 45 (Word version)) -- Senators McConnell, Campsen and Ford: AN ACT TO AMEND SECTION 17-15-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MATTERS TO BE CONSIDERED BY THE COURT WHEN DETERMINING RELEASE OF A PERSON ON BOND, SO AS TO DELETE REFERENCES TO SPECIFIC LAW ENFORCEMENT ENTITIES AND INSERT ARRESTING LAW ENFORCEMENT AGENCY AS APPROPRIATE TO PROVIDE THE COURT WITH NECESSARY INFORMATION; BY ADDING SECTION 17-15-55 SO AS TO PROVIDE THAT THE CIRCUIT COURT MAY CONSIDER MOTIONS REGARDING RECONSIDERATION OF BOND FOR GENERAL SESSIONS OFFENSES SET BY A SUMMARY COURT JUDGE, TO PROVIDE THAT FURTHER DEFENSE MOTIONS TO RECONSIDER BOND MAY BE HEARD BY THE CIRCUIT COURT ONLY UPON THE DEFENDANT'S PRIMA FACIE SHOWING OF A MATERIAL CHANGE IN CIRCUMSTANCES, TO PROVIDE THAT MOTIONS BY THE STATE TO REVOKE OR MODIFY A DEFENDANT'S BOND MUST BE MADE IN WRITING, STATE WITH PARTICULARITY THE GROUNDS FOR REVOCATION OR MODIFICATION, AND SET FORTH THE RELIEF OR ORDER SOUGHT, AND TO PROVIDE THAT, IF THE STATE'S MOTION TO REVOKE OR MODIFY BOND INCLUDES A PRIMA FACIE SHOWING OF IMMINENT DANGER TO THE COMMUNITY, OR IMMINENT DANGER TO THE DEFENDANT, OR FLIGHT BY THE DEFENDANT, THE CHIEF JUDGE OR PRESIDING JUDGE SHALL CONDUCT OR ORDER AN EMERGENCY HEARING WITHIN FORTY-EIGHT HOURS; TO AMEND SECTION 17-15-10, RELATING TO RELEASE OF A PERSON CHARGED WITH A NONCAPITAL OFFENSE ON HIS OWN RECOGNIZANCE OR ON BOND, SO AS TO ALLOW A PERSON CHARGED WITH BURGLARY IN THE FIRST DEGREE TO HAVE HIS BOND HEARING IN SUMMARY COURT UNLESS THE SOLICITOR OBJECTS; TO PROVIDE THAT THE PROVISIONS OF ACT 115 OF 2012 WHICH AMENDED SECTION 17-15-20 OF THE 1976 CODE ARE RETROACTIVE; AND TO AMEND SECTION 38-53-50, AS AMENDED, RELATING TO BAIL BONDSMEN OR SURETIES RELIEVED OF BOND UNDER CERTAIN CIRCUMSTANCES, SO AS TO PROVIDE THAT ONCE THE REQUIRED AFFIDAVIT IS FILED THE SURETY IS RELIEVED OF LIABILITY ON THE BOND UNLESS OTHERWISE ORDERED BY THE CIRCUIT COURT WITHIN A CERTAIN PERIOD OF TIME.
(R330, H. 4813) -- Ways and Means Committee: AN ACT TO MAKE APPROPRIATIONS AND TO PROVIDE REVENUES TO MEET THE ORDINARY EXPENSES OF STATE GOVERNMENT FOR THE FISCAL YEAR BEGINNING JULY 1, 2012, TO REGULATE THE EXPENDITURE OF SUCH FUNDS, AND TO FURTHER PROVIDE FOR THE OPERATION OF STATE GOVERNMENT DURING THIS FISCAL YEAR AND FOR OTHER PURPOSES.
(R331, H. 4814 (Word version)) -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 2011-2012, AND TO ALLOW UNEXPENDED FUNDS APPROPRIATED TO BE CARRIED FORWARD TO SUCCEEDING FISCAL YEARS AND EXPENDED FOR THE SAME PURPOSES.
At 12:00 noon the House, in accordance with the provisions of H. 5410, the Sine Die resolution, and the motion of Rep. SELLERS, adjourned in memory of Attorney David Crum of Denmark.
This web page was last updated on Tuesday, December 18, 2012 at 4:31 P.M.