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


Printed Page 5055 . . . . . Wednesday, June 27, 2012

Wednesday, June 27, 2012
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The House assembled at 2:00 p.m.
Deliberations were opened with prayer by Rev. Charles E. Seastrunk, Jr., as follows:

Our thought for today is from Psalm 28:9: "O save your people, and bless your heritage; be their shepherd and carry them forever."
Let us pray. We thank You, Lord God, for the blessings You have so graciously bestowed upon Your people. Guide them in all truth. Provide for them as they make decisions for the common good. Guard and guide them during this day and always. Bless our Nation, State, and all who serve in these Halls of Government. 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.

ROLL CALL

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

Agnew                  Allen                  Allison
Atwater                Bales                  Ballentine
Bannister              Barfield               Battle
Bedingfield            Bingham                Bowen
Bowers                 Brady                  Branham
Brannon                G. A. Brown            R. L. Brown
Butler Garrick         Chumley                Clemmons
Clyburn                Cobb-Hunter            Cole
Corbin                 Crosby                 Daning
Delleney               Dillard                Erickson
Forrester              Frye                   Funderburk
Gambrell               Govan                  Hardwick

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Harrell                Harrison               Hayes
Hearn                  Henderson              Herbkersman
Hiott                  Hixon                  Hodges
Hosey                  Howard                 Huggins
Johnson                Knight                 Loftis
Long                   Lucas                  McCoy
McEachern              McLeod                 Merrill
D. C. Moss             V. S. Moss             Munnerlyn
Nanney                 J. H. Neal             J. M. Neal
Norman                 Ott                    Owens
Parks                  Pinson                 Pitts
Pope                   Putnam                 Quinn
Rutherford             Ryan                   Sabb
Sandifer               Sellers                Simrill
Skelton                G. M. Smith            G. R. Smith
J. R. Smith            Sottile                Southard
Stavrinakis            Tallon                 Taylor
Thayer                 Toole                  Tribble
Vick                   Weeks                  Whipper
White                  Whitmire               Williams
Young

STATEMENT OF ATTENDANCE

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

Mike Anthony                      H. B. "Chip" Limehouse
John R. King                      Andy Patrick
Joe Jefferson                     Chris Hart
Terry Alexander                   James E. Smith, Jr.

Total Present--105

LEAVE OF ABSENCE

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

LEAVE OF ABSENCE

The SPEAKER granted Rep. BRANTLEY a leave of absence for the day due to a death in the family.


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LEAVE OF ABSENCE

The SPEAKER granted Rep. CRAWFORD a leave of absence for the day to family medical reasons.

LEAVE OF ABSENCE

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

LEAVE OF ABSENCE

The SPEAKER granted Rep. ANDERSON a leave of absence for the day due to attending a conference.

LEAVE OF ABSENCE

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

LEAVE OF ABSENCE

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

LEAVE OF ABSENCE

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

SPEAKER PRO TEMPORE IN CHAIR

H. 5410--SENATE AMENDMENTS CONCURRED IN

The Senate Amendments to the following Concurrent Resolution were taken up for consideration:

H. 5410 (Word version) -- Rep. Harrell: A CONCURRENT RESOLUTION TO PROVIDE THAT PURSUANT TO SECTION 9, ARTICLE III, OF THE CONSTITUTION OF THIS STATE, 1895, WHEN THE RESPECTIVE HOUSES OF THE GENERAL ASSEMBLY ADJOURN ON THURSDAY, JUNE 7, 2012, NOT LATER THAN 5:00 P.M., OR ANYTIME EARLIER, EACH HOUSE SHALL STAND ADJOURNED TO MEET IN STATEWIDE SESSION AT 12:00 NOON ON TUESDAY, JUNE 19, 2012, AND CONTINUE IN STATEWIDE SESSION, IF NECESSARY, UNTIL NOT LATER THAN 5:00 P.M. ON THURSDAY, JUNE 21, 2012, FOR THE CONSIDERATION OF CERTAIN SPECIFIED MATTERS, AND TO


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PROVIDE THAT WHEN THE RESPECTIVE HOUSES OF THE GENERAL ASSEMBLY ADJOURN NOT LATER THAN MONDAY, NOVEMBER 12, 2012, THE GENERAL ASSEMBLY SHALL STAND ADJOURNED SINE DIE.

Rep. HARRELL explained the Senate Amendments.

The yeas and nays were taken resulting as follows:

Yeas 96; Nays 0

Those who voted in the affirmative are:

Allen                  Allison                Atwater
Bales                  Ballentine             Bannister
Barfield               Battle                 Bedingfield
Bingham                Bowen                  Bowers
Brady                  Branham                Brannon
G. A. Brown            R. L. Brown            Butler Garrick
Chumley                Clemmons               Clyburn
Cobb-Hunter            Cole                   Corbin
Crosby                 Daning                 Delleney
Dillard                Erickson               Forrester
Frye                   Funderburk             Gambrell
Govan                  Hardwick               Harrell
Harrison               Hayes                  Hearn
Henderson              Hixon                  Hodges
Hosey                  Howard                 Huggins
Johnson                King                   Knight
Limehouse              Loftis                 Long
Lucas                  McCoy                  McEachern
McLeod                 Merrill                D. C. Moss
V. S. Moss             Munnerlyn              Nanney
J. H. Neal             J. M. Neal             Norman
Ott                    Owens                  Parks
Pinson                 Pitts                  Pope
Putnam                 Quinn                  Rutherford
Ryan                   Sabb                   Sandifer
Sellers                Simrill                Skelton
G. M. Smith            G. R. Smith            J. R. Smith
Sottile                Southard               Stavrinakis
Tallon                 Taylor                 Thayer
Toole                  Tribble                Vick

Printed Page 5059 . . . . . Wednesday, June 27, 2012

Weeks                  Whipper                White
Whitmire               Williams               Young

Total--96

Those who voted in the negative are:

Total--0

The Senate Amendments were concurred in and a message was ordered sent to the Senate accordingly.

SPEAKER IN CHAIR

ORDERED ENROLLED FOR RATIFICATION

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

S. 1340 (Word version) -- Senators Malloy and Knotts: A BILL TO AMEND SECTION 41-15-520, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REMEDIES OF EMPLOYEES 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 SUCH DISCRIMINATION.

H. 3508--SENATE AMENDMENTS CONCURRED IN AND BILL ENROLLED

The Senate Amendments to the following Bill were taken up for consideration:

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: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO RETITLE ARTICLE 23, CHAPTER 9, TITLE 58,


Printed Page 5060 . . . . . Wednesday, June 27, 2012

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 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


Printed Page 5061 . . . . . Wednesday, June 27, 2012

SECTION 58-9-2630, RELATING TO CERTAIN TAX COLLECTIONS AND PAYMENTS, SO AS TO MAKE CONFORMING CHANGES; AND TO AMEND SECTION 58-9-2650, AS AMENDED, RELATING TO LIABILITY INSURANCE RATES FOR COMMUNICATIONS OPERATIONS, SO AS TO MAKE CONFORMING CHANGES.

The yeas and nays were taken resulting as follows:

Yeas 95; Nays 0

Those who voted in the affirmative are:

Allen                  Allison                Atwater
Bales                  Ballentine             Bannister
Barfield               Battle                 Bedingfield
Bingham                Bowen                  Bowers
Brady                  Branham                Brannon
G. A. Brown            R. L. Brown            Butler Garrick
Chumley                Clemmons               Clyburn
Cobb-Hunter            Cole                   Corbin
Crosby                 Daning                 Delleney
Dillard                Erickson               Forrester
Frye                   Funderburk             Gambrell
Govan                  Hardwick               Harrell
Harrison               Hayes                  Hearn
Henderson              Hixon                  Hodges
Hosey                  Howard                 Huggins
Johnson                King                   Knight
Limehouse              Loftis                 Long
Lucas                  McCoy                  McEachern
McLeod                 Merrill                D. C. Moss
V. S. Moss             Munnerlyn              Nanney
J. M. Neal             Norman                 Ott
Owens                  Parks                  Pinson
Pitts                  Pope                   Putnam
Quinn                  Rutherford             Ryan
Sabb                   Sandifer               Sellers
Simrill                Skelton                G. M. Smith
G. R. Smith            J. R. Smith            Sottile
Southard               Stavrinakis            Tallon
Taylor                 Thayer                 Toole
Tribble                Vick                   Weeks

Printed Page 5062 . . . . . Wednesday, June 27, 2012

Whipper                White                  Whitmire
Williams               Young

Total--95

Those who voted in the negative are:

Total--0

The Senate Amendments were agreed to, and the Bill 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.

H. 4494--SENATE AMENDMENTS CONCURRED IN AND BILL ENROLLED

The Senate Amendments to the following Bill were taken up for consideration:

H. 4494 (Word version) -- Reps. Huggins, Long, Pitts, G. R. Smith and Bedingfield: A BILL 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.

Rep. QUINN explained the Senate Amendments.

The yeas and nays were taken resulting as follows:

Yeas 93; Nays 2

Those who voted in the affirmative are:

Allen                  Allison                Atwater
Bales                  Ballentine             Bannister
Barfield               Battle                 Bedingfield
Bingham                Bowen                  Bowers
Brady                  Branham                Brannon
G. A. Brown            Butler Garrick         Chumley
Clemmons               Clyburn                Cobb-Hunter
Cole                   Corbin                 Crosby
Daning                 Delleney               Dillard
Erickson               Forrester              Frye

Printed Page 5063 . . . . . Wednesday, June 27, 2012

Funderburk             Gambrell               Govan
Hardwick               Harrison               Hart
Hayes                  Hearn                  Henderson
Hixon                  Hodges                 Hosey
Howard                 Huggins                Johnson
King                   Knight                 Limehouse
Loftis                 Long                   Lucas
McCoy                  McEachern              Merrill
D. C. Moss             V. S. Moss             Munnerlyn
Nanney                 J. H. Neal             J. M. Neal
Norman                 Ott                    Owens
Parks                  Pinson                 Pitts
Pope                   Putnam                 Quinn
Rutherford             Ryan                   Sandifer
Sellers                Simrill                Skelton
G. M. Smith            G. R. Smith            J. R. Smith
Sottile                Southard               Stavrinakis
Tallon                 Taylor                 Thayer
Toole                  Tribble                Vick
Weeks                  Whipper                White
Whitmire               Williams               Young

Total--93

Those who voted in the negative are:

R. L. Brown            Sabb

Total--2

The Senate Amendments were agreed to, and the Bill 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.

H. 5435--AMENDED AND ORDERED TO THIRD READING

The following Joint Resolution was taken up:

H. 5435 (Word version) -- Reps. Harrell and Bingham: 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.


Printed Page 5064 . . . . . Wednesday, June 27, 2012

Rep. WHITE proposed the following Amendment No. 1 to H. 5435 (COUNCIL\NBD\12789DG12), which was adopted:
Amend the joint resolution, as and if amended, by striking all after the enacting words and inserting:
/   SECTION   1.   (A)   If the 2012-2013 state fiscal year begins with no annual general appropriations act in effect for that year, the authority to pay the recurring expenses of state government continues at the level of amounts appropriated in Act 73 of 2011 for the recurring expenses of state government for fiscal year 2012-2013 except as provided in subsection (B).

The effective dates of Parts IA and IB of Act 73 of 2011 are extended until the effective date for appropriations made in a general appropriations act for fiscal year 2012-2013, after which appropriations made pursuant to this joint resolution are deemed to have been made pursuant to the general appropriations act for fiscal year 2012-2013.

(B)(1)   Notwithstanding debt service appropriations in Act 73 of 2011 and until the effective date of the appropriations made in a general appropriations act for fiscal year 2012-2013, there is appropriated from the general fund of the State whatever amount is necessary for timely debt service on state obligations and other amounts constitutionally required to be appropriated, including the Capital Reserve Fund. The General Reserve Fund is established in the amount required by law.

(2)   Notwithstanding any other provision of Act 73 of 2011, there is appropriated an additional $42,600,000 to the Budget and Control Board for an employee pay increase of three percent. Proviso 80A.29 of Part 1B of Act 73 of 2011 providing a zero percent pay increase, is deemed to provide a three percent pay increase effective for the pay period beginning July 1, 2012. This increase remains in effect until the effective date for appropriations made in a general appropriations act for fiscal year 2012-2013.

(3)   Notwithstanding any other provision of Act 73 of 2011, there is appropriated an additional $48,695,610 to the EIA Salary Supplement to increase the state share of teacher compensation by two percent. This provision takes effect for the pay period beginning July 1, 2012. This provision shall remain in effect until the effective date for appropriations made in a general appropriations act for fiscal year 2012-2013.

(4)   Notwithstanding any other provision of Act 73 of 2011, there is appropriated an additional $30,000,000 to the Local Government Fund. This provision shall remain in effect until the


Printed Page 5065 . . . . . Wednesday, June 27, 2012

effective date for appropriations made in a general appropriations act for fiscal year 2012-2013.

(5)   Notwithstanding any other provision of Act 73 of 2011, there is appropriated an additional $51,528,219 to the Budget and Control Board for Employee Insurance so as not to increase the premium paid by employees. This provision shall remain in effect until the effective date for appropriations made in a general appropriations act for fiscal year 2012-2013.

(6)   Notwithstanding any other provision of Act 73 of 2011, there is appropriated an amount sufficient to increase the compensation of a Class I certified law enforcement officers by two percent. This provision only applies to eligible officers earning less than fifty thousand dollars a year at SLED, the Department of Public Safety, the Department of Probation, Pardon and Parole, the Department of Natural Resources, and the Forestry Commission. This provision takes effect for the pay period beginning July 1, 2012. This provision shall remain in effect until the effective date for appropriations made in a general appropriations act for fiscal year 2012-2013.
SECTION   2.   This joint resolution takes effect July 1, 2012.     /
Renumber sections to conform.
Amend title to conform.

Rep. WHITE explained the amendment.

The yeas and nays were taken resulting as follows:

Yeas 92; Nays 1

Those who voted in the affirmative are:

Allen                  Allison                Atwater
Bales                  Ballentine             Bannister
Barfield               Battle                 Bedingfield
Bingham                Bowen                  Bowers
Brady                  Branham                Brannon
G. A. Brown            R. L. Brown            Butler Garrick
Clemmons               Clyburn                Cobb-Hunter
Cole                   Crosby                 Daning
Delleney               Dillard                Erickson
Forrester              Frye                   Funderburk
Gambrell               Govan                  Hardwick
Harrell                Harrison               Hart
Hayes                  Hearn                  Henderson

Printed Page 5066 . . . . . Wednesday, June 27, 2012

Hixon                  Hodges                 Hosey
Howard                 Huggins                Johnson
King                   Limehouse              Loftis
Long                   Lucas                  McCoy
McEachern              McLeod                 Merrill
D. C. Moss             V. S. Moss             Munnerlyn
Nanney                 J. H. Neal             J. M. Neal
Norman                 Ott                    Owens
Parks                  Pinson                 Pope
Putnam                 Quinn                  Rutherford
Ryan                   Sabb                   Sandifer
Sellers                Simrill                Skelton
G. M. Smith            G. R. Smith            J. R. Smith
Sottile                Southard               Stavrinakis
Tallon                 Taylor                 Thayer
Tribble                Vick                   Weeks
Whipper                White                  Whitmire
Williams               Young

Total--92

Those who voted in the negative are:

Corbin

Total--1

The amendment was then adopted.

RECORD FOR VOTING

I was temporarily out of the Chamber on constituent business during the vote on Amendment No. 1 to H. 5435. If I had been present, I would have voted in favor of the Amendment.

Rep. Patsy Knight

The question then recurred to the passage of the Joint Resolution.

The yeas and nays were taken resulting as follows:

Yeas 95; Nays 0


Printed Page 5067 . . . . . Wednesday, June 27, 2012

Those who voted in the affirmative are:

Alexander              Allen                  Allison
Atwater                Bales                  Ballentine
Bannister              Barfield               Battle
Bedingfield            Bingham                Bowen
Bowers                 Brady                  Branham
Brannon                G. A. Brown            R. L. Brown
Butler Garrick         Chumley                Clemmons
Clyburn                Cobb-Hunter            Cole
Corbin                 Crosby                 Daning
Delleney               Dillard                Erickson
Forrester              Frye                   Funderburk
Govan                  Hardwick               Harrell
Harrison               Hart                   Hayes
Hearn                  Henderson              Hixon
Hodges                 Hosey                  Howard
Huggins                Johnson                King
Knight                 Limehouse              Loftis
Long                   Lucas                  McCoy
McEachern              McLeod                 Merrill
D. C. Moss             V. S. Moss             Munnerlyn
Nanney                 J. H. Neal             J. M. Neal
Norman                 Ott                    Owens
Parks                  Pinson                 Pitts
Pope                   Putnam                 Quinn
Rutherford             Ryan                   Sabb
Sandifer               Sellers                Simrill
Skelton                G. M. Smith            G. R. Smith
J. R. Smith            Southard               Stavrinakis
Tallon                 Taylor                 Thayer
Toole                  Tribble                Vick
Weeks                  White                  Whitmire
Williams               Young

Total--95

Those who voted in the negative are:

Total--0


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

STATEMENT BY REP. WHITE

Rep. WHITE gave notice of offering amendments on third reading if necessary, pursuant to Rule 9.2.

HOUSE TO MEET AT 10:00 A.M. TOMORROW

Rep. ATWATER moved that when the House adjourns, it adjourn to meet at 10:00 a.m. tomorrow, which was agreed to.

ADJOURNMENT

At 4:05 p.m. the House in accordance with the motion of Rep. ERICKSON adjourned to meet at 10:00 a.m. tomorrow.

***

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