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 25:21: "May integrity and uprightness preserve me, for I wait for you."
Let us pray. Living God, we rejoice in the gift of this new day. We pray that the light of Your presence would guide our path. Set the hearts of these Representatives on fire with the desire to keep their faith, and provide the will and understanding for the accomplishment of their tasks. May Your blessings and grace be upon our Nation, President, State, Governor, Speaker, staff, and all who lend their support. 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 Friday, the SPEAKER ordered it confirmed.
Rep. TAYLOR moved that when the House adjourns, it adjourn in memory of Jeremiah "Jerry" Joseph Guerin of Aiken County, which was agreed to.
Rep. HARDWICK, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report with amendments on:
S. 304 (Word version) -- Senators Shealy, Cromer and Campsen: A BILL TO AMEND SECTIONS 50-13-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CERTAIN TERMS AND THEIR DEFINITIONS REGARDING GENERAL RESTRICTIONS ON FRESHWATER FISHING, SO AS TO MAKE A TECHNICAL CHANGE AND TO REVISE THE DEFINITION OF THE TERM "BAIT FISH"; TO AMEND SECTION 50-13-60, AS AMENDED, RELATING TO THE LAWFUL POSSESSION OF FISH, SO AS TO MAKE A TECHNICAL CHANGE TO THE PROVISION RELATING TO THE POSSESSION OF A GAME FISH; TO AMEND SECTIONS 50-13-200, 50-13-210, 50-13-250, 50-13-260, AND 50-13-270, ALL AS AMENDED, RELATING TO THE PROTECTION OF FRESHWATER GAME FISH, SO AS TO REVISE THE AGE OF PERSONS IN A BOAT THAT MAY USE AN UNLIMITED NUMBER OF FISHING DEVICES, TO REVISE THE NUMBER OF TROUT THAT MAY BE TAKEN ON THE LOWER REACH OF THE SALUDA RIVER, TO PROVIDE THE LEGAL LENGTH OF SMALLMOUTH BASS THAT MAY BE TAKEN FROM CERTAIN LAKES, RIVERS, AND RESERVOIRS ALONG THE STATE'S WESTERN REGION, AND TO MAKE A TECHNICAL CHANGE; TO AMEND SECTION 50-13-620, 50-13-625, AND 50-13-635, ALL AS AMENDED, RELATING TO THE PROTECTION OF NONGAME FISH, SO AS TO PROVIDE THAT A COMMERCIAL TROTLINE WHICH USES FIFTY OR FEWER HOOKS MUST BE MARKED AT INTERVALS OF TWENTY-FIVE HOOKS, TO REVISE THE AGE OF PERSONS IN A BOAT THAT MAY USE AN UNLIMITED NUMBER OF FISHING DEVICES, AND TO REVISE THE NUMBER OF SET HOOKS A RECREATIONAL FISHERMAN MAY USE.
Ordered for consideration tomorrow.
The following was introduced:
H. 3736 (Word version) -- Reps. Stavrinakis and Harrell: A HOUSE RESOLUTION TO HONOR THE REVEREND JOHN GRIMKÉ DRAYTON, RECTOR OF ST. ANDREW'S PARISH CHURCH FROM 1851 TO 1891, WHO TRANSFORMED HIS FAMILY ESTATE, MAGNOLIA PLANTATION, INTO ONE OF THE WORLD'S MOST BEAUTIFUL GARDENS, FOR HIS LASTING LEGACY OF FAITH, COMPASSION, AND BEAUTY AND TO DECLARE MAY 1, 2013, JOHN GRIMKÉ DRAYTON DAY IN SOUTH CAROLINA.
Whereas, born on May 1, 1816, John Drayton Grimké was the son of Thomas Smith Grimké and Sarah Daniel Drayton and the nephew of noted abolitionists Sarah and Angelina Grimké; and
Whereas, young Grimké's early education included graduation from Southworth School in Charleston and then graduation from the College of Charleston in 1833; and
Whereas, John's father, Thomas Smith Grimké, who had hoped to become a minister but instead followed his own father's desire for him to become a lawyer, succumbed to cholera in 1834 and did not live to see John's pursuit of the ministry; but it is certain that his devout faith and unfaltering adherence to Christian principles strongly influenced John's life; and
Whereas, the Drayton family estate, Magnolia-on-the-Ashley, was first left to John's uncle, William Henry Drayton, and upon his death to John's older brother, Thomas, with the stipulation that he, or any heir, change his surname to Drayton, which he did; but Thomas's untimely death in 1836 catapulted John, only twenty years old, into the role of head of the family and heir to Magnolia Plantation as John Grimké Drayton; and
Whereas, despite the heavy responsibility incumbent upon a young plantation owner, he followed his calling to the ministry moving to New York in 1838 to attend General Theological Seminary, and en route, was introduced by Philadelphia cousins to his future wife, Julia Ewing. He left seminary in 1839 and continued his preparation for the ministry at home under Reverend Stuart Hanckel of St. Andrew's Parish Church and Bishop Nathaniel Bowen; and
Whereas, in 1840, he married and returned to Magnolia with his bride but shortly thereafter contracted tuberculosis. Tutored in gardening by slaves, John Drayton turned to the soil for therapy, importing camellias from England and France and rare Indian azaleas from Southeast Asia, the first to be planted outdoors in the United States, transforming Magnolia Plantation into the horticultural masterpiece that survives today; and
Whereas, coping with his illness and driven by his work at Magnolia, Drayton was not ordained to the Episcopal priesthood until 1851, becoming the twelfth rector of St. Andrew's Parish Church, a position he held for forty years until his death in April of 1891; and
Whereas, Reverend Drayton, who often composed his sermons on a bench along the Ashley River at Magnolia Plantation, continued his predecessor's work of ministering to the black slaves in the parish with unparalleled energy and dedication, with slaves accounting for more than eighty percent of communicants and baptisms in the parish. He also instructed his flock in the tenets of Christianity, providing ten white Sunday school teachers for sixty to eighty black students at Magnolia Chapel, where school was held during winter and spring; and
Whereas, 1861 was the last year he conducted regular services in the parish and although St. Andrew's Parish Church was relegated to use as a polling place after the Civil War, not reopening for worship until 1876, Reverend Drayton, in the interim, reestablished three of the outlying chapels where he held worship services, provided instruction, baptized parishioners, and assisted the bishop in confirmations to congregations that continued to be overwhelmingly black; and
Whereas, thrice laboring to erase the ill effects of man and nature on St. Andrew's Parish Church, Reverend Drayton turned his steadfast determination to restore the beautiful structure into a continuing resolution to restore the lives of the people who had been abused through the depredation of slavery and displaced by the ravages of war; and
Whereas, in a life of privilege that spanned the loss of father and brother, the pangs of dreaded tuberculosis, and the devastating conditions of the Civil War, Reconstruction, phosphate mining along the Ashley River, and the Great Earthquake of 1886, the faith and Christian ministry of John Grimké Drayton to the poor had the palpable aura of reality during a surreal era for many who desperately needed such an anchor; and
Whereas, serving as rector of St. Andrew's Parish Church longer than any other rector in the church's three hundred seven-year history, John Grimké Drayton "not only planted seed in the earth to form what has been called the most beautiful garden in the world (Magnolia), but he planted a seed of the Word which we doubt not will flower into all eternity." Now, therefore,
Be it resolved by the House of Representatives:
That the members of the House of Representatives of the State of South Carolina, by this resolution, honor the Reverend John Grimké Drayton, Rector of St. Andrew's Parish Church from 1851 to 1891, who transformed his family estate, Magnolia Plantation, into one of the world's most beautiful gardens, for his lasting legacy of faith, compassion, and beauty and declare May 1, 2013, John Grimké Drayton Day in South Carolina.
Be it further resolved that a copy of this resolution be provided to Tom Johnson, Executive Director of Magnolia Plantation and Gardens and the Reverend Marshall Huey, Rector of St. Andrew's Parish Church.
The Resolution was adopted.
The following was introduced:
H. 3737 (Word version) -- Reps. Wood, Alexander, Allison, Anderson, Anthony, Atwater, Bales, Ballentine, Bannister, Barfield, Bedingfield, Bernstein, Bingham, Bowen, Bowers, Branham, Brannon, G. A. Brown, R. L. Brown, Chumley, Clemmons, Clyburn, Cobb-Hunter, Cole, H. A. Crawford, K. R. Crawford, Crosby, Daning, Delleney, Dillard, Douglas, Edge, Erickson, Felder, Finlay, Forrester, Funderburk, Gagnon, Gambrell, George, Gilliard, Goldfinch, Govan, Hamilton, Hardee, Hardwick, Harrell, Hart, Hayes, Henderson, Herbkersman, Hiott, Hixon, Hodges, Horne, Hosey, Howard, Huggins, Jefferson, Kennedy, King, Knight, Limehouse, Loftis, Long, Lowe, Lucas, Mack, McCoy, McEachern, M. S. McLeod, W. J. McLeod, Merrill, Mitchell, D. C. Moss, V. S. Moss, Munnerlyn, Murphy, Nanney, Neal, Newton, Norman, Ott, Owens, Parks, Patrick, Pitts, Pope, Powers Norrell, Putnam, Quinn, Ridgeway, Riley, Rivers, Robinson-Simpson, Rutherford, Ryhal, Sabb, Sandifer, Sellers, Simrill, Skelton, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, Sottile, Southard, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Toole, Vick, Weeks, Wells, Whipper, White, Whitmire, Williams and Willis: A HOUSE RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES, UPON THE PASSING OF REVEREND DONALD RUSSELL DURHAM OF SPARTANBURG COUNTY, AND TO EXTEND THEIR DEEPEST SYMPATHY TO HIS LOVING FAMILY, HIS CONGREGATION, AND HIS MANY FRIENDS.
The Resolution was adopted.
The following was introduced:
H. 3738 (Word version) -- Reps. Huggins, Ballentine and Quinn: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE IRMO HIGH SCHOOL BOYS VARSITY BASKETBALL TEAM OF LEXINGTON COUNTY WITH THE TEAM COACHES AND SCHOOL OFFICIALS, AT A DATE AND TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF BEING RECOGNIZED AND HONORED FOR AN EXCEPTIONAL SEASON AND FOR WINNING THE 2013 SOUTH CAROLINA CLASS AAAA STATE CHAMPIONSHIP TITLE.
Be it resolved by the House of Representatives:
That the privilege of the floor of the South Carolina House of Representatives be extended to the Irmo High School boys varsity basketball team of Lexington County with the team coaches and school officials, at a date and time to be determined by the Speaker, for the purpose of being recognized and honored for an exceptional season and for winning the 2013 South Carolina Class AAAA State Championship title.
The Resolution was adopted.
The following was introduced:
H. 3739 (Word version) -- Reps. Huggins, Ballentine, Quinn, Alexander, Allison, Anderson, Anthony, Atwater, Bales, Bannister, Barfield, Bedingfield, Bernstein, Bingham, Bowen, Bowers, Branham, Brannon, G. A. Brown, R. L. Brown, Chumley, Clemmons, Clyburn, Cobb-Hunter, Cole, H. A. Crawford, K. R. Crawford, Crosby, Daning, Delleney, Dillard, Douglas, Edge, Erickson, Felder, Finlay, Forrester, Funderburk, Gagnon, Gambrell, George, Gilliard, Goldfinch, Govan, Hamilton, Hardee, Hardwick, Harrell, Hart, Hayes, Henderson, Herbkersman, Hiott, Hixon, Hodges, Horne, Hosey, Howard, Jefferson, Kennedy, King, Knight, Limehouse, Loftis, Long, Lowe, Lucas, Mack, McCoy, McEachern, M. S. McLeod, W. J. McLeod, Merrill, Mitchell, D. C. Moss, V. S. Moss, Munnerlyn, Murphy, Nanney, Neal, Newton, Norman, Ott, Owens, Parks, Patrick, Pitts, Pope, Powers Norrell, Putnam, Ridgeway, Riley, Rivers, Robinson-Simpson, Rutherford, Ryhal, Sabb, Sandifer, Sellers, Simrill, Skelton, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, Sottile, Southard, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Toole, Vick, Weeks, Wells, Whipper, White, Whitmire, Williams, Willis and Wood: A HOUSE RESOLUTION TO RECOGNIZE AND HONOR THE IRMO HIGH SCHOOL BOYS VARSITY BASKETBALL TEAM, COACHES, AND SCHOOL OFFICIALS FOR AN OUTSTANDING SEASON, AND TO CONGRATULATE THEM FOR GARNERING THE 2013 CLASS AAAA STATE CHAMPIONSHIP TITLE.
The Resolution was adopted.
The following was introduced:
H. 3740 (Word version) -- Reps. Gagnon, Gambrell, Alexander, Allison, Anderson, Anthony, Atwater, Bales, Ballentine, Bannister, Barfield, Bedingfield, Bernstein, Bingham, Bowen, Bowers, Branham, Brannon, G. A. Brown, R. L. Brown, Chumley, Clemmons, Clyburn, Cobb-Hunter, Cole, H. A. Crawford, K. R. Crawford, Crosby, Daning, Delleney, Dillard, Douglas, Edge, Erickson, Felder, Finlay, Forrester, Funderburk, George, Gilliard, Goldfinch, Govan, Hamilton, Hardee, Hardwick, Harrell, Hart, Hayes, Henderson, Herbkersman, Hiott, Hixon, Hodges, Horne, Hosey, Howard, Huggins, Jefferson, Kennedy, King, Knight, Limehouse, Loftis, Long, Lowe, Lucas, Mack, McCoy, McEachern, M. S. McLeod, W. J. McLeod, Merrill, Mitchell, D. C. Moss, V. S. Moss, Munnerlyn, Murphy, Nanney, Neal, Newton, Norman, Ott, Owens, Parks, Patrick, Pitts, Pope, Powers Norrell, Putnam, Quinn, Ridgeway, Riley, Rivers, Robinson-Simpson, Rutherford, Ryhal, Sabb, Sandifer, Sellers, Simrill, Skelton, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, Sottile, Southard, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Toole, Vick, Weeks, Wells, Whipper, White, Whitmire, Williams, Willis and Wood: A HOUSE RESOLUTION TO RECOGNIZE AND HONOR THE ROTARY CLUB OF ABBEVILLE FOR ITS SIGNIFICANT IMPACT ON THE COMMUNITY AND TO CONGRATULATE THE MEMBERS UPON THE FIFTIETH ANNIVERSARY CELEBRATION OF THE ROTARY CLUB IN ABBEVILLE.
The Resolution was adopted.
The following was introduced:
H. 3741 (Word version) -- Reps. Ott, Alexander, Allison, Anderson, Anthony, Atwater, Bales, Ballentine, Bannister, Barfield, Bedingfield, Bernstein, Bingham, Bowen, Bowers, Branham, Brannon, G. A. Brown, R. L. Brown, Chumley, Clemmons, Clyburn, Cobb-Hunter, Cole, H. A. Crawford, K. R. Crawford, Crosby, Daning, Delleney, Dillard, Douglas, Edge, Erickson, Felder, Finlay, Forrester, Funderburk, Gagnon, Gambrell, George, Gilliard, Goldfinch, Govan, Hamilton, Hardee, Hardwick, Harrell, Hart, Hayes, Henderson, Herbkersman, Hiott, Hixon, Hodges, Horne, Hosey, Howard, Huggins, Jefferson, Kennedy, King, Knight, Limehouse, Loftis, Long, Lowe, Lucas, Mack, McCoy, McEachern, M. S. McLeod, W. J. McLeod, Merrill, Mitchell, D. C. Moss, V. S. Moss, Munnerlyn, Murphy, Nanney, Neal, Newton, Norman, Owens, Parks, Patrick, Pitts, Pope, Powers Norrell, Putnam, Quinn, Ridgeway, Riley, Rivers, Robinson-Simpson, Rutherford, Ryhal, Sabb, Sandifer, Sellers, Simrill, Skelton, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, Sottile, Southard, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Toole, Vick, Weeks, Wells, Whipper, White, Whitmire, Williams, Willis and Wood: A HOUSE RESOLUTION TO CELEBRATE THE DECLARATION OF INDEPENDENCE AND THE UNITED STATES CONSTITUTION, WHICH TOGETHER ENUMERATE OUR UNALIENABLE RIGHTS AND LIBERTIES, AND TO PROCLAIM WEDNESDAY, MARCH 16, 2013, AS "LIBERTY DAY" IN SOUTH CAROLINA.
Whereas, our rights and liberties are rooted in the cherished documents of our nation, the Declaration of Independence and the United States Constitution, which set forth the principles on which the United States of America stands; and
Whereas, during the Constitutional Convention of 1787, James Madison's Virginia Plan became the foundation of the new American Constitution, replacing the Articles of Confederation and establishing our present form of government; and
Whereas, Charles Pinckney of South Carolina was also a delegate to the convention, and on the same day in 1787 on which Edmund Randolph presented the Virginia Plan, Pinckney presented a draft of a constitution which is known as the Pinckney Plan; and
Whereas, although the Virginia Plan was made the basis on which the new constitution was ordered, Charles Pinckney's plan is credited with the substance of some thirty-one or thirty-two provisions of the Constitution, and he made valuable suggestions regarding phrasing and matters of detail; and
Whereas, a leading architect of the Constitution, James Madison also served in the United States House of Representatives from 1789 to 1797; and
Whereas, during his time in the United States House of Representatives, James Madison introduced several amendments to the Constitution to safeguard individual rights that became known as the Bill of Rights; and
Whereas, Charles Pinckney later served as the president of the State Convention of 1790 that framed a new constitution for South Carolina, as governor of the State from 1789 to 1792 and from 1796 to 1798, and as a United States senator from 1799 to 1801; and
Whereas, as Americans, we enjoy our freedom and the rule of law through these documents created by our founding fathers; and
Whereas, it is fitting to proclaim March sixteenth "Liberty Day" because it is the 262nd anniversary of the birth of James Madison, one of our founding fathers and the fourth President of the United States; and
Whereas, the rich culture and history of the United States of America can be sustained as long as each succeeding generation maintains an understanding of, and commitment to, the principles of our founding documents; and
Whereas, it is fitting and proper for the members of the South Carolina House of Representatives to pause in their deliberations in recognition of "Liberty Day" and to pay tribute to the remarkable achievements and extraordinary vision of our founding fathers and the rights, privileges, and responsibilities they secured for the people of the United States of America. Now, therefore,
Be it resolved by the House of Representatives:
That the members of the South Carolina House of Representatives, by this resolution, celebrate the Declaration of Independence and the United States Constitution, which together enumerate our unalienable rights and liberties, and proclaim Wednesday, March 16, 2013, as "Liberty Day" in South Carolina.
The Resolution was adopted.
The following Bills and Joint Resolutions were introduced, read the first time, and referred to appropriate committees:
H. 3710 -- 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, 2013, 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.
Without Reference
H. 3711 (Word version) -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 2012-2013, AND TO ALLOW UNEXPENDED FUNDS APPROPRIATED TO BE CARRIED FORWARD TO SUCCEEDING FISCAL YEARS AND EXPENDED FOR THE SAME PURPOSES.
Without Reference
H. 3734 (Word version) -- Reps. Douglas, Bales, M. S. McLeod, Jefferson, Williams, McEachern, Gilliard, Cobb-Hunter, King, Sabb, Allison, Barfield, Branham, Clemmons, Dillard, Erickson, Felder, Hosey, Ott, Pope, Powers Norrell, Ridgeway, G. R. Smith, J. R. Smith, Weeks and Wood: A BILL TO AMEND SECTION 16-3-600, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFENSE OF ASSAULT AND BATTERY OF A HIGH AND AGGRAVATED NATURE, SO AS TO PROVIDE THAT A PERSON THAT UNLAWFULLY INJURES A LAW ENFORCEMENT OFFICER, AN EMERGENCY MEDICAL SERVICE PROVIDER, OR A FIREFIGHTER COMMITS THE OFFENSE OF ASSAULT AND BATTERY OF A HIGH AND AGGRAVATED NATURE.
Referred to Committee on Judiciary
H. 3735 (Word version) -- Reps. Goldfinch, Hardwick, H. A. Crawford, Huggins, Hardee, Clemmons, Vick, Finlay, Chumley, Hamilton, Herbkersman, Hiott, Hixon, V. S. Moss, Owens, Pitts, Sottile, Wells and Wood: A BILL TO AMEND SECTION 50-5-2730, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE'S ADOPTION OF CERTAIN FEDERAL LAWS AND REGULATIONS THAT REGULATE THE TAKING OF FISH IN STATE WATERS, SO AS TO PROVIDE THAT LAWS AND REGULATIONS DO NOT APPLY TO BLACK SEA BASS (CENTROPRIATES STRIATA), TO PROVIDE A LAWFUL CATCH LIMIT AND SIZE FOR THIS SPECIES OF FISH, AND TO PROVIDE THAT THERE IS NO CLOSED SEASON ON THE CATCHING OF BLACK SEA BASS (CENTROPRIATES STRIATA).
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs
S. 127 (Word version) -- Senators Alexander and Ford: A BILL TO AMEND ARTICLE 6, CHAPTER 38, TITLE 44 OF THE 1976 CODE, RELATING TO HEAD AND SPINAL CORD INJURIES, BY ADDING ARTICLE 6 TO CREATE THE SOUTH CAROLINA BRAIN INJURY LEADERSHIP COUNCIL, TO PROVIDE FOR THE RESPONSIBILITIES AND DUTIES OF THE COUNCIL, TO PROVIDE FOR THE COMPOSITION AND APPOINTMENT OF THE COUNCIL, AND TO PROVIDE FOR THE POWERS AND AUTHORITY OF THE COUNCIL.
Referred to Committee on Judiciary
S. 137 (Word version) -- Senators Lourie, L. Martin, Hayes, Fair, Davis, Ford, Cromer, Grooms and Alexander: A BILL TO AMEND SECTION 56-1-286, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SUSPENSION OF A DRIVER'S LICENSE OF A PERSON UNDER THE AGE OF TWENTY-ONE FOR HAVING AN UNLAWFUL ALCOHOL CONCENTRATION, SO AS TO REVISE THE PENALTIES TO INCLUDE REQUIRING AN OFFENDER WHO OPERATES A VEHICLE TO HAVE AN IGNITION INTERLOCK DEVICE INSTALLED ON THE VEHICLE; TO AMEND SECTION 56-1-400, AS AMENDED, RELATING TO THE SUSPENSION OF A LICENSE, A LICENSE RENEWAL OR ITS RETURN, AND ISSUANCE OF A LICENSE THAT RESTRICTS THE DRIVER TO ONLY OPERATING A VEHICLE WITH AN IGNITION INTERLOCK DEVICE INSTALLED, SO AS TO PROVIDE FOR THE ISSUANCE OF AN INTERLOCK RESTRICTED LICENSE AND ITS CONTENTS, TO PROVIDE FOR THE CONTENTS OF A DRIVER'S LICENSE ISSUED TO A PERSON WHOSE VEHICLE IS INSTALLED WITH AN IGNITION INTERLOCK DEVISE AND TO PROVIDE ADDITIONAL OFFENSES THAT REQUIRE THE INSTALLATION OF AN IGNITION INTERLOCK RESTRICTED DEVICE AS A PENALTY, TO REVISE THE DRIVER'S LICENSE SUSPENSION PERIOD FOR A PERSON WHO CHOOSES TO OR NOT TO HAVE AN INTERLOCK DEVICE INSTALLED ON HIS VEHICLE, AND TO PROVIDE ADDITIONAL PENALTIES FOR CERTAIN INDIVIDUALS WHO CHOOSE NOT TO HAVE AN INTERLOCK DEVISE INSTALLED ON THEIR VEHICLES AFTER BEING CONVICTED OF CERTAIN DRIVING OFFENSES; TO AMEND SECTION 56-1-748, RELATING TO THE ISSUANCE OF A RESTRICTED DRIVER'S LICENSE TO PERSON'S WHO ARE INELIGIBLE TO OBTAIN A SPECIAL RESTRICTED DRIVER'S LICENSE, SO AS TO MAKE A TECHNICAL CHANGE; TO AMEND SECTION 56-1-1320, RELATING TO THE ISSUANCE OF A PROVISIONAL DRIVER'S LICENSE, SO AS TO MAKE TECHNICAL CHANGES, AND TO DELETE THE PROVISION THAT GIVES CERTAIN PERSONS AUTHORITY TO ISSUE A PROVISIONAL DRIVER'S LICENSE AND REVIEW CANCELLATIONS AND SUSPENSION OF DRIVER'S LICENSES; TO AMEND SECTION 56-5-2941, RELATING TO PENALTIES THAT MAY BE IMPOSED FOR DRIVING A VEHICLE WHILE UNDER THE INFLUENCE OF ALCOHOL OR DRUGS, SO AS TO PROVIDE DURING THE OFFENSES THAT REQUIRE THE INSTALLATION OF AN IGNITION INTERLOCK DEVICE AS A PENALTY, TO PROVIDE A PENALTY FOR A PERSON WHO IS INCAPABLE OF OPERATING AN IGNITION INTERLOCK DEVICE, TO REVISE CERTAIN PENALTIES CONTAINED IN THIS SECTION; THE LENGTH OF TIME AN INTERLOCK DEVICE MUST BE AFFIXED TO A VEHICLE, TO REVISE THE PENALTY FOR AN OFFENDER WHO HAS ACCUMULATED FOUR POINTS UNDER THE INTERLOCK DEVICE POINT SYSTEM, TO PROVIDE FOR THE USE OF FUNDS REMITTED TO THE INTERLOCK DEVICE FUND, TO REVISE THE FEES THAT MUST BE COLLECTED AND REMITTED TO THE INTERLOCK DEVICE FUND, AND TO PROVIDE THAT AN INTERLOCK DEVICE MUST CAPTURE A PHOTOGRAPHIC IMAGE OF A DRIVER AS HE OPERATES THE DEVICE; TO AMEND SECTION 56-5-2942, AS AMENDED, RELATING TO THE IMMOBILIZATION OF A PERSON'S VEHICLE UPON HIS CONVICTION OF AN ALCOHOL-RELATED DRIVING OFFENSE, SO AS TO PROVIDE THAT AS LONG AS A PERSON HOLDS A VALID IGNITION INTERLOCK LICENSE, HE IS NOT REQUIRED TO SURRENDER HIS LICENSE PLATES AND VEHICLE REGISTRATIONS; TO AMEND SECTION 56-5-2945, RELATING TO THE OPERATION OF A MOTOR VEHICLE WHILE UNDER THE INFLUENCE OF DRUGS OR ALCOHOL AND GREAT BODILY INJURY OR DEATH OCCURS, SO AS TO PROVIDE THAT A PERSON CONVICTED PURSUANT TO THIS SECTION MAY ENROLL IN THE IGNITION INTERLOCK DEVISE PROGRAM UNDER CERTAIN CIRCUMSTANCES; TO AMEND SECTION 56-5-2950, AS AMENDED, RELATING TO A PERSON WHO OPERATES A MOTOR VEHICLE GIVING IMPLIED CONSENT TO CHEMICAL TESTS TO DETERMINE THE PRESENCE OF ALCOHOL OR DRUGS, SO AS TO REVISE THE PENALTY IMPOSED UPON A PERSON WHO REFUSES TO BE SUBJECTED TO A CHEMICAL TEST, AND TO MAKE TECHNICAL CHANGES; TO AMEND SECTION 56-5-2951, AS AMENDED, RELATING TO THE SUSPENSION OF A PERSON'S DRIVER'S LICENSE WHO REFUSES TO SUBMIT TO BE TESTED TO DETERMINE HIS ALCOHOL CONCENTRATION, SO AS TO REVISE THE OFFENSES THAT ARE AFFECTED BY THIS SECTION, TO PROVIDE THAT A PERSON MAY ENROLL IN THE IGNITION INTERLOCK DEVICE PROGRAM AS A ALTERNATE IN LIEU OF OTHER PENALTIES PROVIDED IN THIS SECTION; AND TO AMEND SECTION 56-5-2990, RELATING TO THE SUSPENSION OF A PERSON'S DRIVER'S LICENSE FOR A VIOLATION OF CERTAIN ALCOHOL AND DRUG RELATED DRIVING OFFENSES, SO AS TO REVISE THE PENALTIES, AND TO INCLUDE REQUIRING CERTAIN PERSONS TO ENROLL IN THE IGNITION INTERLOCK DEVICES PROGRAM.
Referred to Committee on Judiciary
S. 303 (Word version) -- Senators Campsen and Ford: A BILL TO AMEND SECTION 12-37-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO INCLUDE CERTAIN TRUSTS IN EXEMPTING PROPERTY USED FOR THE HOLDING OF ITS MEETINGS WHEN NO PROFIT OR BENEFIT INURES TO THE BENEFIT OF ANY STOCKHOLDER OR INDIVIDUAL; AND TO AMEND SECTION 12-24-40, AS AMENDED, RELATING TO EXEMPTIONS FROM DEED RECORDING FEES, SO AS TO EXEMPT TRANSFERS FROM A TRUST ESTABLISHED FOR THE BENEFIT OF A RELIGIOUS ORGANIZATION TO THE RELIGIOUS ORGANIZATION.
Referred to Committee on Ways and Means
S. 351 (Word version) -- Senator O'Dell: A JOINT RESOLUTION TO AUTHORIZE THE STATE BUDGET AND CONTROL BOARD TO TRANSFER OWNERSHIP OF THE BELTON NATIONAL GUARD ARMORY TO THE CITY OF BELTON.
On motion of Rep. GAMBRELL, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.
S. 428 (Word version) -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO SOUTH CAROLINA IMMUNIZATION REGISTRY, DESIGNATED AS REGULATION DOCUMENT NUMBER 4259, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Referred to Committee on Medical, Military, Public and Municipal Affairs
S. 429 (Word version) -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION - PANEL FOR DIETETICS, RELATING TO DEFINITIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 4237, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Referred to Committee on Medical, Military, Public and Municipal Affairs
S. 449 (Word version) -- Fish, Game and Forestry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF NATURAL RESOURCES, RELATING TO SEASONS, LIMITS, METHODS OF TAKE AND SPECIAL USE RESTRICTIONS ON WILDLIFE MANAGEMENT AREAS, DESIGNATED AS REGULATION DOCUMENT NUMBER 4297, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs
The roll call of the House of Representatives was taken resulting as follows:
Alexander Allison Anthony Atwater Bales Barfield Bedingfield Bernstein Bingham Bowen Bowers Branham Brannon R. L. Brown Chumley Clemmons Clyburn Cobb-Hunter Cole K. R. Crawford Crosby Daning Delleney Dillard Douglas Felder Finlay Forrester Funderburk Gagnon Gambrell George Gilliard Goldfinch Hamilton Hardee Hardwick Harrell Hayes Hiott Hixon Hodges Hosey Howard Huggins Jefferson King Limehouse Loftis Long Lowe Lucas Mitchell D. C. Moss V. S. Moss Munnerlyn Nanney Newton Norman Ott Owens Pitts Powers Norrell Putnam Quinn Ridgeway Riley Rivers Ryhal Sabb Sandifer Sellers Simrill Skelton G. R. Smith J. E. Smith J. R. Smith Sottile Southard Spires Stavrinakis Tallon Taylor Vick Weeks Wells White Whitmire Williams Wood
I came in after the roll call and was present for the Session on Tuesday, March 5.
Todd Rutherford Leola Robinson-Simpson Ralph Kennedy G. Murrell Smith McLain R. "Mac" Toole Joe McEachern Thomas "Tommy" Pope Bruce W. Bannister David Mack Carl Anderson Heather Crawford Phyllis Henderson Mia S. McLeod William G. Herbkersman Jenny A. Horne James Merrill Andy Patrick Mark Willis Chris Murphy Shannon Erickson Jerry Govan Joseph Neal Patsy Knight Chris Hart Jackson "Seth" Whipper Tracy Edge Anne Parks
The SPEAKER granted Rep. THAYER a leave of absence for the day due to medical reasons.
The SPEAKER granted Rep. BALLENTINE a leave of absence for the day due to business reasons.
The SPEAKER granted Rep. MCCOY a leave of absence for the day due to business reasons.
The SPEAKER granted Rep. W. J. MCLEOD a leave of absence for the day due to medical reasons.
The SPEAKER granted Rep. STRINGER a temporary leave of absence.
Announcement was made that Dr. March Seabrook of West Columbia was the Doctor of the Day for the General Assembly.
In accordance with House Rule 5.2 below:
"5.2 Every bill before presentation shall have its title endorsed; every report, its title at length; every petition, memorial, or other paper, its prayer or substance; and, in every instance, the name of the member presenting any paper shall be endorsed and the papers shall be presented by the member to the Speaker at the desk. A member may add his name to a bill or resolution or a co-sponsor of a bill or resolution may remove his name at any time prior to the bill or resolution receiving passage on second reading. The member or co-sponsor shall notify the Clerk of the House in writing of his desire to have his name added or removed from the bill or resolution. The Clerk of the House shall print the member's or co-sponsor's written notification in the House Journal. The removal or addition of a name does not apply to a bill or resolution sponsored by a committee."
Bill Number: H. 3646 (Word version)
Date: ADD:
03/05/13 FUNDERBURK
Bill Number: H. 3165 (Word version)
Date: ADD:
03/05/13 ATWATER
Bill Number: H. 3560 (Word version)
Date: ADD:
03/05/13 TOOLE, HIXON, SPIRES, HUGGINS and LUCAS
Bill Number: H. 3638 (Word version)
Date: ADD:
03/05/13 GILLIARD
Bill Number: H. 3645 (Word version)
Date: ADD:
03/05/13 JEFFERSON
Bill Number: H. 3648 (Word version)
Date: ADD:
03/05/13 DELLENEY
Bill Number: H. 3725 (Word version)
Date: ADD:
03/05/13 SELLERS
Bill Number: H. 3416 (Word version)
Date: REMOVE:
03/05/13 HUGGINS
At 12:30 p.m. the Senate appeared in the Hall of the House. The President of the Senate called the Joint Assembly to order and announced that it had convened under the terms of a Concurrent Resolution adopted by both Houses.
The Reading Clerk of the House read the following concurrent resolution:
S. 264 (Word version) -- Senator Bryant: A CONCURRENT RESOLUTION TO INVITE THE NATIONAL COMMANDER OF THE AMERICAN LEGION, THE HONORABLE JAMES E. KOUTZ, TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION IN THE CHAMBER OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES AT 12:30 P.M. ON TUESDAY, MARCH 5, 2013.
The Honorable James E. Koutz, National Commander of the American Legion, and distinguished party were escorted to the rostrum by Senators Nicholson, Corbin and Hayes and REPRESENTATIVES DILLARD, SOTTILE and GAGNON. The Lieutenant Governor recognized our special guests and then introduced the Honorable James E. Koutz, who addressed the Joint Assembly as follows:
Lt. Governor McConnell, I thank you for that kind introduction. It's truly an honor to speak to such a distinguished body in this historic State House.
Before I begin, please allow me to take a moment to introduce members of The American Legion family who are with me today.
First, it's a real pleasure for me to introduce the Commander of the South Carolina American Legion, Gary Mitchell from Rock Hill; the National Executive Committeeman for the Department of South Carolina, John Palmer from Seneca; Alternate NECman Bud Hennis from Murrells Inlet; Department Adjutant Jim Hawk of Irmo; my aide and fellow Hoosier, Steve Short; Auxiliary Department of South Carolina President, Barbara Stoffer from Charleston; Alternate NECWoman, Bette McMorrow from Little River; Department Auxiliary Secretary, Louise Winesett from Columbia; and Commander of the South Carolina Detachment of the Sons of The American Legion, Jim Moore from Little River.
We also have with us the Director of The American Legion Riders of South Carolina, Joe Dipasqua of Little River and our South Carolina liaison with the military, Bill Heil - adjutant of Post 195 in Lugoff.
On behalf of the 2.4 million Legionnaires around the world and the nearly 200 Legion posts throughout the state of South Carolina, I want to thank each of you for what you do for our men and women who serve in our military and our veterans from past wars.
Ladies and gentlemen, South Carolina may be known as the "Palmetto State" but I prefer to think of it as the "home of heroes." In fact, I was able to visit with some yesterday at Fort Jackson.
While we hear so much about our wounded warriors recovering in places like Landstuhl, Germany and at Walter Reed Medical Center, it's easy to overlook some of the smaller warrior transition units - like the one at Fort Jackson. What our delegation witnessed there, was a compassionate and dedicated staff of professionals that work every day to improve the spirits and the physical well-being of men and women who have not just borne our battles in war, but may been injured or struck with illness while serving their country in garrison.
And while nobody questions the dedication of the medical and transition staff, our federal government does not provide enough resources to provide the quality of life that these heroes truly deserve. That is why The American Legion's Operation Comfort Warriors program exists. Not to replace the basics that the Department of Defense provides - nobody could do that - but our program tries to provide the fun stuff - gift cards, recreational equipment, family outings - things that don't often show up in government budgets.
On Sunday, we purchased thousands of dollars worth of basketballs, archery equipment, baseball gear, golfing equipment and other sporting goods for the Fort Jackson Warrior Transition Unit. Some of the equipment will be adapted specifically for the use of people with disabilities.
The good people at Dick's Sporting Goods here in Columbia were terrific in accommodating our requests - and when they heard about the cause - even added a contribution of their own.
This is an important example of the "can-do" spirit of cooperation that often exists when citizens and the business community come together to support an outstanding cause.
Operation Comfort Warriors will not necessarily change the lives of our wounded, injured and ill veterans. But it might make their day. And, even more importantly, it shows them that we care and appreciate their service and sacrifice for this nation.
And sacrifice is something that this State knows all too well. The nation mourned with you last June when three South Carolina National Guard soldiers were killed and five injured by a suicide bomber in Afghanistan.
Your State Adjutant General summed it up perfectly when he said, "These deaths are grim reminders that our military, to include the South Carolina National Guard, is still active in combat in defense of our country. We are privileged to have such heroes in our midst."
The terrorist who committed this heinous act, attacked a crowded marketplace and killed 14 civilians, and two police officers in addition to the brave men from your State. One of the fallen soldiers, 1st Lieutenant Ryan Davis Rawl, was a Richland County Sheriff's Deputy. The Sheriff described him as a "Shining Star."
Specialist John Meador was also killed in the attack. His 13-year-old daughter, Brianna, told the local news channel, "he was my daddy and I will never forget him."
The other fallen hero, Sergeant First Class Matthew "Brad" Thomas of Easley, was only 30 years old and left behind a young son.
All of these men were fathers and husbands. They are remembered by hundreds of family members and friends who loved them. The best way to honor heroes like these are not with granite memorials - although that is appropriate and appreciated.
But what they really would want is for their neighbors and friends to ensure that their families are taken care of. And very close to that is ensuring the well-being of their extended families - their brothers and sisters-in-arms. Those who may have been wounded or might have fallen upon difficult times as they return from war and try to readjust to society.
There are ways to do this - big and small.
Tax-breaks and other inducements for businesses to hire veterans are a good start. Breaks in college tuition and scholarships for the children of veterans is another great and meaningful way to show appreciation.
Veterans have undergone strenuous training, performed in high-stress environments, and bring a set of skills and discipline from which most employers and communities can truly benefit. We hear a lot about our national debt and there is no doubt that it is a HUGE problem. But let me tell you about another debt. It's a debt owed to those who have paid costs that have often included long separations from families, missing the births of their children, freezing in sub-zero temperatures, exposure to Agent Orange in Vietnam, losing limbs, and far too often, losing their lives.
While America owes a debt that cannot be fully repaid, showing our appreciation is the least that we can do.
Finally, I would be remiss if I did not express my appreciation to this great legislative body for your work in recognizing one's veteran status on their South Carolina drivers licenses. Most veterans - like me - served their time but did not make the military a career. Many businesses want to express their appreciation for veterans by offering discounts on goods and services. Veterans don't typically walk around carrying their discharge papers or DD-214s. If you are not retired, you no longer carry a military id. That is one of the many reasons why this recognition on the drivers licenses is important and was strongly supported by The American Legion Department of South Carolina. I hope more states follow your example.
My theme as National Commander of The American Legion is "Every Day is Veterans Day." From what I have seen while visiting your beautiful State, is that most of the people of South Carolina agree.
Now, if you would allow me for one moment to call to the dais two men who have been designated by The American Legion Department of South Carolina as the Outstanding Members of the Legislature for 2013. This is in recognition for their many years of outstanding service to their community, state, and nation. State Senator Tom Davis and Representative Ralph Norman, would you please join me? We appreciate all that you do on behalf of veterans.
(Plaques were presented to Sen. Davis and Rep. NORMAN.)
Thank you so much, South Carolina Legislature.
God Bless you and God Bless America.
Upon conclusion of his address, the Honorable James E. Koutz, National Commander of the American Legion, and his escort party retired from the Chamber.
The purpose of the Joint Assembly having been accomplished, the President of the Senate announced that under the terms of the Concurrent Resolution the Joint Assembly would recede from business.
The Senate accordingly retired to its Chamber.
At 12:48 p.m. the House resumed, the SPEAKER in the Chair.
Rep. DELLENEY moved to adjourn debate upon the following Bill until Wednesday, March 6, which was adopted:
H. 3057 (Word version) -- Reps. Rutherford, Bales, Jefferson, Williams, Mitchell and King: A BILL TO AMEND SECTION 17-22-50, AS AMENDED, AND SECTION 17-22-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS WHO MAY NOT BE CONSIDERED FOR PARTICIPATION IN A PRETRIAL INTERVENTION PROGRAM AND PROGRAM ELIGIBILITY, RESPECTIVELY, BOTH SO AS TO ALLOW A PERSON TO PARTICIPATE IN A PROGRAM MORE THAN ONCE WITH THE SOLICITOR'S CONSENT.
The following Bill was taken up:
H. 3147 (Word version) -- Reps. Pope, Tallon, Southard and V. S. Moss: A BILL TO AMEND SECTION 42-1-160, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITIONS OF "INJURY" AND "PERSONAL INJURY" IN WORKERS' COMPENSATION, SO AS TO MODIFY THE REQUIREMENTS OF AN EMPLOYEE SEEKING WORKERS' COMPENSATION FOR PERSONAL INJURY CAUSED BY STRESS, MENTAL INJURY, OR MENTAL ILLNESS, AND TO ADD MENTAL ILLNESS TO RELATED CONDITIONS THAT ARE NOT COMPENSABLE IF RESULTING FROM AN EVENT INCIDENTAL TO NORMAL RELATIONS BETWEEN AN EMPLOYEE AND EMPLOYER.
Rep. HORNE moved to recommit the Bill to the Committee on Judiciary, which was agreed to.
Rep. GILLIARD moved that the House do now adjourn, which was agreed to.
The Senate returned to the House with concurrence the following:
H. 3637 (Word version) -- Rep. Barfield: A CONCURRENT RESOLUTION TO HONOR THE COASTAL CAROLINA UNIVERSITY WOMEN'S INDOOR TRACK AND FIELD TEAM ON WINNING THE 2013 BIG SOUTH TOURNAMENT CHAMPIONSHIP TITLE AND TO SALUTE THE TEAM'S OUTSTANDING PLAYERS AND COACHES.
H. 3720 (Word version) -- Reps. Gagnon and Gambrell: A CONCURRENT RESOLUTION TO CONGRATULATE THE SAGE AUTOMOTIVE INTERIORS SHARON PLANT IN ABBEVILLE ON RECEIVING THE SOUTH CAROLINA DEPARTMENT OF LABOR, LICENSING AND REGULATION'S "MILLIONS SAFE WORKED HOURS" AWARD.
At 12:54 p.m. the House, in accordance with the motion of Rep. TAYLOR, adjourned in memory of Jeremiah "Jerry" Joseph Guerin of Aiken County, to meet at 10:00 a.m. tomorrow.
This web page was last updated on Wednesday, October 23, 2013 at 3:41 P.M.