South Carolina General Assembly
118th Session, 2009-2010
Journal of the House of Representatives


Printed Page 2638 . . . . . Tuesday, March 23, 2010

Tuesday, March 23, 2010
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

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

Our thought for today is from Numbers 30:2: "When a man makes a vow to the Lord or takes an oath to obligate himself by a pledge, he must not break his word but must do everything he said."
Let us pray. Almighty God, plant into the hearts and minds of these Representatives the desire to continue in their pledge to uphold their promise to You and the people of this State. Keep their minds centered on doing what is required and bless them in their work. Bless our Nation, President, State, Governor, Speaker, and all who serve in these Halls of Government. Protect our defenders of freedom at home and abroad as they protect us. Hear us, O Lord, as we pray. Amen.

Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.

After corrections to the Journal of the proceedings of Thursday, the SPEAKER ordered it confirmed.

MOTION ADOPTED

Rep. HUGGINS moved that when the House adjourns, it adjourn in memory of Michael Lassiter of Irmo, which was agreed to.

REPORT RECEIVED

The following was received:

Joint Consumer Affairs Screening Committee
2010 Report of Candidate Qualifications

Date and Time of Final Report: Noon on Tuesday, March 23, 2010

Members of the General Assembly are PROHIBITED from pledging their votes until Tuesday, March 23, 2010 at noon.


Printed Page 2639 . . . . . Tuesday, March 23, 2010

About the Report

This report contains the Committee's findings regarding the qualifications of applicants for the Consumer Affairs Commission. Each member of the General Assembly will be given a copy of this report for review and consideration. The Committee believes that this report will help members make an informed vote.
Committee Composition and Responsibilities

The Committee is comprised of eight members, four from the Senate and four from the House of Representatives. To fulfill its mandate, the Committee conducts an investigation of each applicant's professional and financial affairs, and holds a public hearing during which each applicant may be questioned on a wide variety of issues.

The JCASC's investigation includes (1) a State Law Enforcement Division background check; (2) a credit investigation; (3) a careful study of application materials, including a personal data questionnaire; and (4) further inquiry as the Committee considers appropriate.

Joint Consumer Affairs Commission Screening Committee

Senate Appointees:
Sen. Thomas Alexander, Ch.
Suite 402, Gressette Building
Post Office Box 142
Columbia, S.C. 29202
803-212-6220

Sen. Luke Rankin
Suite 508, Gressette Building
Post Office Box 142
Columbia, S.C. 29202
803-212-6132

House Appointees:
Rep. F. Michael Sottile
306D Blatt Building
Columbia, S.C. 29201
803-212-6880

Rep. Walton J. McLeod
422B Blatt Building
Columbia, S.C. 29201
803-734-3276


Printed Page 2640 . . . . . Tuesday, March 23, 2010

Sen. William O'Dell
Suite 610, Gressette Building
Post Office Box 142
Columbia, S.C. 29202
803-212-6040

Sen. John Matthews
Suite 613, Gressette Building
Post Office Box 142
Columbia, S.C. 29202
803-212-6056

Rep. Leon Howard
425 Blatt Building
Columbia, S.C. 29201
803-734-3046

Rep. Liston D. Barfield
522D Blatt Building
Columbia, S.C. 29201
803-734-2968

Joint Consumer Affairs Commission Screening Committee
Post Office Box 142
1101 Pendleton St., Gressette Building - Suite 410
Columbia, S.C. 29202

Director to Committee:         Mary L. Riley

803-212-6240

Executive Assistant:   Sarah S. Gilbert

803-212-6240

MR. HEWEY L. DIXON
CANDIDATE FOR COMMISSIONER
OF THE SOUTH CAROLINA DEPARTMENT
OF CONSUMER AFFAIRS

BACKGROUND
Mr. Dixon is 58 and lives in Columbia. He worked for the Employment Security Commission for 13 years. He is currently the building manager at the Jamil Temple Shrine.

LETTERS OF RECOMMENDATION
Mr. Robert C. Smith -- Former Personnel Director, SC Employment Security Commission
Mr. Jim Kinard -- Vice President, First Palmetto Savings Bank
Ms. Veronica Wright -- Former Co-worker, Columbia
Ms. Cinda Anderson -- Columbia
Mr. Richard Ames -- Former Employer, Chapin


Printed Page 2641 . . . . . Tuesday, March 23, 2010

FINDINGS
On March 9, 2010 the Joint Consumer Affairs Screening Committee met to screen Mr. Dixon. The Committee met again on March 17, 2010.

Mr. Dixon was found QUALIFIED on March 17, 2010.

MR. CLIFFORD RAY KEASLER
CANDIDATE FOR COMMISSIONER
OF THE SOUTH CAROLINA DEPARTMENT
OF CONSUMER AFFAIRS

BACKGROUND
Mr. Keasler is 61 and lives in Surfside Beach. He worked as an officer for the SC Highway Patrol for 25 years. He also served in the Army National Guard from 1969-1998. He is currently the manager of Strand Storage Center.

LETTERS OF RECOMMENDATION
Ms. Christine Holmes -- Beach First National Bank, Surfside Beach
Mr. Steve Homitz -- Myrtle Beach
Mr. Ron Best -- Best Frames Plus, Myrtle Beach
Mr. John Kovalcik -- USMCR Toys for Tots, Myrtle Beach
Mr. Mike Yarborough -- Yarborough's Moving Service, Surfside Beach

FINDINGS
On March 17, 2010 the Joint Consumer Affairs Screening Committee met to screen Mr. Keasler.

Mr. Keasler was found QUALIFIED on March 17, 2010.

MR. TERRELL A. PARRISH
CANDIDATE FOR COMMISSIONER
OF THE SOUTH CAROLINA DEPARTMENT
OF CONSUMER AFFAIRS

BACKGROUND
Mr. Parrish is 68 and lives in Greer. He is an engineer and is employed as a project manager by CMC Cary Engineering in Greenville, SC.


Printed Page 2642 . . . . . Tuesday, March 23, 2010

LETTERS OF RECOMMENDATION
Effie B. Dickey - First Savers Bank, Greenville
Mr. Brian C. Norton - CMC Cary Engineering, Greenville
Mr. E.E. Garvin - CMC South Carolina Steel, Greenville
Pastor Matt Matthews - St. Giles Presbyterian Church, Greenville
Mr. William E. Cary - Cary Consultants, Greenville

FINDINGS
On March 9, 2010 the Joint Consumer Affairs Screening Committee met to screen Mr. Parrish. The Committee met again on March 17, 2010.

Mr. Parrish was found QUALIFIED on March 17, 2010.

MS. MAGALY PETERSEN PENN
CANDIDATE FOR COMMISSIONER
OF THE SOUTH CAROLINA DEPARTMENT
OF CONSUMER AFFAIRS

BACKGROUND
Ms. Penn is 60 and lives in Simpsonville. Ms. Penn has worked as a Diversity Resources Director for Burger King Corporation and BI-LO, LLC. She is currently a consultant for BI-LO, LLC in Greenville, SC. Ms. Penn is bilingual (English/Spanish).

LETTERS OF RECOMMENDATION
Ms. Tricia De Boer - Bank of America, Mauldin
Ms. Barbara League - League Manufacturing, Greenville
Ms. Jil Littlejohn - YWCA Director, Greenville
Mr. Ray Lattimore - Marketplace Staffing Services, Inc., Greenville
Judge Alex Kinlaw - Greenville

FINDINGS
On March 9, 2010 the Joint Consumer Affairs Screening Committee met to screen Ms Penn. The Committee met again on March 17, 2010.

Ms. Penn was found QUALIFIED on March 17, 2010.


Printed Page 2643 . . . . . Tuesday, March 23, 2010

DR. LONNIE RANDOLPH JR.
CANDIDATE FOR COMMISSIONER
OF THE SOUTH CAROLINA DEPARTMENT OF CONSUMER AFFAIRS

BACKGROUND
Dr. Randolph is 59 and lives in Columbia. He has been an optometrist since 1977. Dr. Randolph has served on the Consumer Affairs Commission since 1979.

LETTERS OF RECOMMENDATION
Ms. Leilani Southern - Bank of America, Columbia
Mr. Vince Ford - Palmetto Health Community Services, Columbia
Mr. Joseph M. McCulloch, Jr. - Law Offices of Joseph M. McCulloch, Jr., Columbia
Ms. Diane Sumpter - DESA Expectations, Columbia
Mr. Steven W. Hamm - Richardson Plowden, Columbia

FINDINGS
On March 17, 2010 the Joint Consumer Affairs Screening Committee met to screen Dr. Randolph.

Dr. Randolph was found QUALIFIED on March 17, 2010.

MR. JOHHNY E. SOSEBEE
CANDIDATE FOR COMMISSIONER
OF THE SOUTH CAROLINA DEPARTMENT
OF CONSUMER AFFAIRS

BACKGROUND
Mr. Sosebee is 68 and lives in Piedmont. Mr. Sosebee has worked in the Insurance field and was employed by the SC Reinsurance Facility until its elimination by statute in December of 2009.

LETTERS OF RECOMMENDATION
Ms. Melissa Gaines - Suntrust Bank, Greenville
Mr. Ken Peay - State Farm Insurance Companies, Greer
Mr. Mike Rogers - State Farm Insurance Companies, Greer
Mr. Wesley W. Lawton - Woodward Medical Center, Greenville
Mr. Patrick M. Slenski - Canal Insurance Company, Greenville


Printed Page 2644 . . . . . Tuesday, March 23, 2010

FINDINGS
On March 9, 2010 the Joint Consumer Affairs Screening Committee met to screen Mr. Sosebee. The Committee met again on March 17, 2010.

Mr. Sosebee was found QUALIFIED on March 17, 2010.

JOINT SCREENING COMMITTEE TO REVIEW CANDIDATES FOR THE
CONSUMER AFFAIRS COMMISSION
CONSUMER AFFAIRS COMMISSION SCREENING
Consumer Affairs Screening - 3/9/10
209 Gressette - 10:00 a.m.

Senator Alexander:     I appreciate members of the screening committee being present. I'll call this meeting of the Committee to Review Candidates for Consumer Affairs Commission to order. Staff, Ms. Riley and Sarah appreciate the good work you do. We will move into the purpose for being here and that is to screen the candidates. I'll ask you to come up one at a time, and first I'll call the one behind Tab 1 Hewey Dixon. If you would make sure that green light is on and stand there if you would and raise your right hand. I need to swear you before we start. Do you swear to tell the truth the whole truth and nothing but the truth so help you God?
Hewey Dixon:     I do.
Senator Alexander:     Good, please be seated and briefly tell us about yourself and why you wish to serve on the Consumer Affairs Board.
Hewey Dixon:     I have had 13 years with the state as a state employee with the Employment Security Commission and through my private and public employment I have had vast interaction with consumers. I feel like that is the backbone of any economy is consumer's welfare. I think the Commission of the agency I'm applying with is vital to upholding the well-being of the consumer.
Senator Alexander:   Thank you. Staff has received your Personal Data Questionnaire and Statement of Economic Interest form. They have been reviewed and found to be complete with information requested and references. Are there any changes or additions that you wish to submit at this time to the information you provided the staff earlier?
Hewey Dixon:     I have recently been employed as the building manager for the Jamil Temple Shrine.


Printed Page 2645 . . . . . Tuesday, March 23, 2010

Senator Alexander:     Congratulations, we will have the record reflect that. That's a great shrine there.
Hewey Dixon:     Yes it is.
Senator Alexander:     We have few questions here that we need to ask, and I'm going to ask Mary Riley to ask you these questions if you'll respond to them and then we'll open it up to any members of the Committee after completion of those.
Mary Riley:     Mr. Dixon, Do you know of any circumstances that would limit your service on this board or commission?
Hewey Dixon:     No, not at this time.
Mary Riley:     Do you or any member of your family own or operate any business which contracts with state or federal government?
Hewey Dixon:     No
Mary Riley:     Do you or any member of your family own or operate any business which receives state or federal funds from the consumer affairs commission department of consumer affairs?
Hewey Dixon:     No
Mary Riley:     Have you ever been arrested, charged, or held by federal, state, or other law enforcement authorities for violation of the law, regulation, or ordinance? -- Not including traffic violations for which a fine of $200 or less was imposed.
Hewey Dixon:     No
Mary Riley:     Have you, to your knowledge, ever been under federal, state, or local investigation for possible violation of a criminal statute?
Hewey Dixon:     No
Mary Riley:     Have federal, state or local authorities ever instituted a tax lien or other collection procedure against you personally? Have you ever defaulted on a student loan? Have you filed for bankruptcy?
Hewey Dixon:     No
Mary Riley:     Have you ever been disciplined or cited for a breach of ethics or unprofessional conduct by any court, agency association, or professional group?
Hewey Dixon:     No, I haven't.
Mary Riley:     Are you now or have you ever been employed as a "lobbyist," or acted in the capacity of a "lobbyist's principal"?
Hewey Dixon:     No
Mary Riley:     Are there any reasons you would have difficulty performing the duties of this job?
Hewey Dixon:     No, there is not.
Senator Alexander:     Thank you, any questions from members of the review committee. Hearing none, we appreciate you being here. What


Printed Page 2646 . . . . . Tuesday, March 23, 2010

our intention is to do is to have one member that is not going to be able to be here today. So, what we will do is issue our recommendations on all candidates once that individual is screened. We anticipate doing that one day next week. We will have staff notify you when that process has been complete so that you would know when it's permissible for you to seek commitments to the commission. You are welcome to stay or to leave either welcome, but we appreciate your being here with us this morning.
Hewey Dixon:     Thank you.
Senator Alexander:     Thank you. Let's go on to the next Clifford Ray Keasler, let the record reflect that he's the one that is not here today. Terrell A. Parrish, good to see you this morning. If you'll stand and let me swear you in. Do you swear to tell the truth the whole truth and nothing but the truth so help you God?
Terrell Parrish:     I do.
Senator Alexander:     Please be seated. Briefly tell us about yourself and why you wish to serve on the Consumer Affairs Commission.
Terrell Parrish:     First, thank you for the opportunity. My name is Terrell Parrish. I am a licensed structural engineer in the state of South Carolina as well as Georgia. I work for CMC Cary Engineering in Greenville, SC. Why do I want to be on the Consumer Affairs Commission? A few years ago I was living in Charleston, SC working for the Navy, and I had occasion to have an issue with a home warranty. I was unable to get satisfaction from the warranty company and I chose to go to the Consumer Affairs Commission. They were very professional, helped me a great deal, got my problem solved to my complete satisfaction. I've been impressed with that and now as I approach retirement age, I'd like to be able to give back something to the state and consequently to my children and grandchildren to hopefully make this a better place for them to reside.
Senator Alexander:     Thank you, I appreciate those comments. Staff has received your Personal Data Questionnaire and Statement of Economic Interest form. They have been found to be complete with information requested and references they asked for. Are there any changes or additions that you wish to submit at this time?
Terrell Parrish:     No, sir.
Senator Alexander:     Ms. Riley has a few questions if you'll respond to those. If there are any questions, members, we'll take them after that.
Mary Riley:     Do you know of any circumstances that would limit your service on this board or commission?


Printed Page 2647 . . . . . Tuesday, March 23, 2010

Terrell Parrish:     No, ma'am.
Mary Riley:     Do you or any member of your family own or operate any business which contracts with state or federal government?
Terrell Parrish:     No, we do not. However, in the interest of full disclosure, I disclosed on there that I own a small amount of stock with CMC my employer and we will occasionally do design assignments or provide structural steel to some agency of the government.
Senator Alexander:     I would assume that is through the procurement bid process and everything that goes through that, so I believe we can have the record reflect that would be the case.
Terrell Parrish:     I did not think it was an issue but I wanted to absolutely sure.
Mary Riley:     Do you or any member of your family own or operate any business which receives state or federal funds from the department of consumer affairs?
Terrell Parrish:     No, ma'am.
Mary Riley:     Have you ever been arrested, charged, or held by federal, state, or other law enforcement authorities for violation of the law, regulation, or ordinance? -- Not including traffic violations for which a fine of $200 or less was imposed.
Terrell Parrish:     No, ma'am.
Mary Riley:     Have you, to your knowledge, ever been under federal, state, or local investigation for possible violation of a criminal statute?
Terrell Parrish:     No, ma'am.
Mary Riley:     Have federal, state or local authorities ever instituted a tax lien or other collection procedure against you personally? Have you ever defaulted on a student loan? Have you filed for bankruptcy?
Terrell Parrish:     No, ma'am.
Mary Riley:     Have you ever been disciplined or cited for a breach of ethics or unprofessional conduct by any court, agency association, or professional group?
Terrell Parrish:     No, ma'am.
Mary Riley:     Are you now or have you ever been employed as a "lobbyist" or acted in the capacity of a "lobbyist's principal"?
Terrell Parrish:     No, ma'am.
Mary Riley:     Are there any reasons you would have difficulty performing the duties of this job?
Terrell Parrish:     No, ma'am.
Senator Alexander:     Are there questions from members of the Committee. Thank you very much and I appreciate your willingness to serve. As I mentioned earlier, we will certainly notify you once this


Printed Page 2648 . . . . . Tuesday, March 23, 2010

process has been completed and when you can start to garner commitments/pledges.
Senator Alexander:     Magaly Petersen Penn, Good morning, if you would stand and raise your right hand. Do you swear to tell the truth the whole truth and nothing but the truth so help you God?
Magaly Penn:     I do
Senator Alexander:     Thank you, please be seated. Briefly tell us about yourself and why you wish to serve on the Consumer Affairs Commission.
Magaly Penn:     I would like to first thank you for accepting me as a candidate for this position. My name is Magaly Petersen Penn. I live in Simpsonville, SC. I've been in SC for 21 years. I came down from NY with Michelin, and I work in corporate America for a little over 30 years. I retired about 2 ½ years ago. I was working at Bi-Lo as Chief Diversity Officer. When I retired, they asked me to stay on and do some consulting, so for the past 2 ½ years I have been doing consulting. I have time on my hands. I love to volunteer. I have been a volunteer in the Greenville area for the YWCA, the Phyllis Wheatley Association, the Greenville Symphony and several other business organizations. I have chaired a lot of those organizations. As a consumer I have read about the Consumer Affairs Commission. I think it's a great agency. It really serves a great purpose because consumers need that kind of advocacy to help them get through some of the red tape they have to and sometimes to work with corporate America.
Senator Alexander:     Thank you, Staff has received your Personal Data Questionnaire and Statement of Economic Interest form. They have been reviewed and found to be complete with information requested and references they asked for. Are there any changes or additions that you wish to submit at this time to the information you provided?
Magaly Penn:     None at all
Senator Alexander:     Ms. Riley if you will provide your questions.
Mary Riley:     Do you know of any circumstances that would limit your service on this board or commission?
Magaly Penn:     No
Mary Riley:     Do you or any member of your family own or operate any business which contracts with state or federal government?
Magaly Penn:     No
Mary Riley:     Do you or any member of your family own or operate any business which receives state or federal funds from the department of consumer affairs?
Magaly Penn:     No


Printed Page 2649 . . . . . Tuesday, March 23, 2010

Mary Riley:     Have you ever been arrested, charged, or held by federal, state, or other law enforcement authorities for violation of the law, regulation, or ordinance? -- Not including traffic violations for which a fine of $200 or less was imposed.
Magaly Penn:     No
Mary Riley:     Have you, to your knowledge, ever been under federal, state, or local investigation for possible violation of a criminal statute?
Magaly Penn:     No
Mary Riley:     Have federal, state or local authorities ever instituted a tax lien or other collection procedure against you personally? Have you ever defaulted on a student loan? Have you filed for bankruptcy?
Magaly Penn:     No
Mary Riley:     Have you ever been disciplined or cited for a breach of ethics or unprofessional conduct by any court, agency association, or professional group?
Magaly Penn:     No
Mary Riley:     Are you now or have you ever been employed as a "lobbyist" or acted in the capacity of a "lobbyist's principal"?
Magaly Penn:     No
Mary Riley:     Are there any reasons you would have difficulty performing the duties of this job?
Magaly Penn:     None
Senator Alexander:     Thank you and your comments you mentioned the different things you are involved in. I know that the previous individual had said that they had had personal experience, a good experience, with the Consumer Affairs Commission. Have you had any personal experience or are you just aware of the great work that they do for the citizens?
Magaly Penn:     No, I haven't had any personal experience just aware the great works.
Senator Alexander:     They do a great job. Are there any other questions from members of the review Committee? Thank you for your willingness to serve and your being here this morning. Again, we will have staff notify you when we have completed this process, so that you can know when you can get commitments.
Magaly Penn:   Thank you very much.
Senator Alexander:     Staff is informing us that Dr. Randolph is also in the hospital. So I think you folk that are seeking to be on the commission need to be careful of this. We've got two of our candidates in the hospital, so we will obviously coordinate with both of those together for the sake of the commission. So that brings I would


Printed Page 2650 . . . . . Tuesday, March 23, 2010

assume Mr. Johnny Edward Sosebee, Sr. Good morning, if you would stand let me swear you. Let me swear you. Do you swear to tell the truth the whole truth and nothing but the truth so help you God?
Johnny Sosebee:   I do.
Senator Alexander:     Good, thank you sir and be seated. Please briefly tell us about yourself and why you wish to serve on the Consumer Affairs Commission.
Johnny Sosebee:   I am Johnny E. Sosebee, Sr. I have been in the Property and Casualty Insurance business for 46 years. Most of that has been with two companies, the MD Casualty bought out by Zurich in 1989 and then the last would be the SC Reinsurance Facility that was created by statute in 1974 and was done away by statute in December 31, 2009. I decided to take retirement in October 1, 2009. Since that time I just have been doing interior painting just trying to catch up on the honey-do list, lots of honey-dos.
Senator Alexander:     So you've caught up with those?
Johnny Sosebee:   No, I've got one more room. That's been quite a job. I've been living in the same house for 20 years, so it's got a lot of things to do. But in the reinsurance facility I believe I was able to save the drivers of this state approximately 20 million dollars in what is called the recoupment fees of not having carriers take back losses that shouldn't have been put in the facility because of the audits I performed on various companies in this state. I try to be fair to everyone, not only consumers but also to companies that I represent.
Senator Alexander:     Staff has received your Personal Data Questionnaire and Statement of Economic Interest form. They have been reviewed and found to be complete with information requested and references. Are there any changes or additions that you wish to submit at this time?
Johnny Sosebee:   Just in the last few weeks I have accepted just a part time consulting with this company that I worked with under contract with the Reinsurance Facility. It's called AIPSO out of Rhode Island. They perform audits on all the residual market mechanisms in 43 states, so I am going to be doing 3 audits a year. One week in Ohio, one week in New York and one week in New Jersey. I don't think there will be a conflict. In April it's the last week and in May and the last week in September/October. So it's just a three week. They assign you weeks at the beginning of each year.
Senator Alexander:     Well, congratulations on that. We have few questions that Ms. Riley needs to ask if you'll respond to those, please.


Printed Page 2651 . . . . . Tuesday, March 23, 2010

Mary Riley:     Do you know of any circumstances that would limit your service on this board or commission?
Johnny Sosebee:   No
Mary Riley:     Do you or any member of your family own or operate any business which contracts with state or federal government?
Johnny Sosebee:   No
Mary Riley:     Do you or any member of your family own or operate any business which receives state or federal funds from the department of consumer affairs?
Johnny Sosebee:   No
Mary Riley:     Have you ever been arrested, charged, or held by federal, state, or other law enforcement authorities for violation of the law, regulation, or ordinance? -- Not including traffic violations for which a fine of $200 or less was imposed.
Johnny Sosebee:   No
Mary Riley:     Have you, to your knowledge, ever been under federal, state, or local investigation for possible violation of a criminal statute?
Johnny Sosebee:   No
Mary Riley:     Have federal, state or local authorities ever instituted a tax lien or other collection procedure against you personally? Have you ever defaulted on a student loan? Have you filed for bankruptcy?
Johnny Sosebee:   No
Mary Riley:     Have you ever been disciplined or cited for a breach of ethics or unprofessional conduct by any court, agency association, or professional group?
Johnny Sosebee:   No
Mary Riley:     Are you now or have you ever been employed as a "lobbyist" or acted in the capacity of a "lobbyist's principal"?
Johnny Sosebee:   No
Mary Riley:     Are there any reasons you would have difficulty performing the duties of this job?
Johnny Sosebee: No
Senator Alexander:   Thank you; do the members of the committee have any questions? Yes, the Senator from Abbeville and Anderson.
Senator O'Dell:     Mr. Sosebee, are you in Anderson County?
Johnny Sosebee:   Well, Piedmont is split between Anderson and Greenville. I live in Greenville County.
Senator O'Dell:     Okay, you're across the river then.
Johnny Sosebee:   Across the river and the post office has been moved back over to the Anderson side. It was over on the Greenville side


Printed Page 2652 . . . . . Tuesday, March 23, 2010

until the last month they moved it back into Anderson county. Things are split up.
Senator Alexander to Senator O'Dell:   You represent that part?
Senator O'Dell:     I don't have Greenville County, I've got Anderson County.
Johnny Sosebee:   My wife has property down in Iva. She inherited land from her father, so it's split between Abbeville County and Anderson County.
Senator O'Dell:     It's beautiful country down there.
Johnny Sosebee:   It is Lots of deer and wild turkeys, cattle
Senator Alexander:     Thank you, Senator. Are there any other questions or comments from the members of the Committee? Hearing none, we thank you for your willingness to serve and again we will have staff notify you of the appropriate time that you can. So we will have two candidates that we will need to screen. We'll try our best to do this next Wednesday; we'll coordinate with House schedules and budget next week. You'll probably be ready for a break to do something like this, so we'll coordinate with y'alls schedules and then we'll have staff notify all candidates as to when it would be appropriate.

Consumer Affairs Screening - 3-17-10
3rd Floor State House Conference Room - 11:45 a.m.

Senator Alexander:     We will officially call this meeting of the Consumer Affairs Screening to order and proceed with two individuals that were not able to make the screening last week that we will screen today. The first on is Clifford Keasler, so if you will come forward we will ask you to speak up for our if you will stand and let me swear you in raising your right hand. Do you swear to tell the truth the whole truth and nothing but the truth so help you God?
Clifford Keasler:   Yes sir I do.
Senator Alexander:     Please be seated and I have 2 or 3 questions and then Ms. Riley will ask you a series. Again we are glad you are able to join with us today.
Clifford Keasler:   Thank you.
Senator Alexander:     Briefly tell us about yourself and why you wish to serve on the Consumer Affairs commission, please.
Clifford Keasler:   My name is Clifford Ray Keasler. I was born in Greenville, South Carolina I was with the SC highway patrol for 25 years retired also in the SC National Guard for 29 years, retired I know reside in Myrtle Beach, South Carolina where my wife and I manage a


Printed Page 2653 . . . . . Tuesday, March 23, 2010

storage for the Heyward Companies. I have 2 children, both grown, 3 granddaughters. Why I want to be on the Consumer Affairs Commission is I feel I have tried to do my best for the state of SC all my life. I worked on the highway patrol and the National Guard. Being away from the public like this is really got me wanting to try to help do what I can and when I saw the advertisement in the paper I thought that it might be a good way for me to be of service to the people of South Carolina. I feel like I am a fair person and know how to evenly apply the law as I have done in the past and feel I have some common sense and all to bring to the Commission
Senator Alexander:     Mr. Keasler, you have provided Staff with your Personal Data Questionnaire and Statement of Economic Interest form. They have been reviewed and found to be complete with information requested and references. Are there any changes or additions that you wish to submit at this time?
Clifford Keasler:   No
Senator Alexander:     Ms. Riley will have a few questions if you will answer those for her
Mary Riley:     Do you know of any circumstances that would limit your service on this board or commission?
Clifford Keasler:   No, Ma'am.
Mary Riley:     Do you or any member of your family own or operate any business which contracts with state or federal government?
Clifford Keasler:   No, Ma'am.
Mary Riley:     Do you or any member of your family own or operate any business which receives state or federal funds from the Department of Consumer Affairs?
Clifford Keasler:   No, Ma'am.
Mary Riley:     Have you ever been arrested, charged, or held by federal, state, or other law enforcement authorities for violation of the law, regulation, or ordinance? -- Not including traffic violations for which a fine of $200 or less was imposed.
Clifford Keasler:   No, Ma'am.
Mary Riley:     Have you, to your knowledge, ever been under federal, state, or local investigation for possible violation of a criminal statute?
Clifford Keasler:   No, Ma'am.
Mary Riley:     Have federal, state or local authorities ever instituted a tax lien or other collection procedure against you personally? Have you ever defaulted on a student loan? Have you filed for bankruptcy?
Clifford Keasler:   Yes, ma'am. I have filed for bankruptcy.
Mary Riley:     You have filed for bankruptcy, that's on your form.


Printed Page 2654 . . . . . Tuesday, March 23, 2010

Clifford Keasler:   That's on my form.
Mary Riley:     And explanation
Senator Alexander:     We'll let the record so reflect.
Mary Riley:     Have you ever been disciplined or cited for a breach of ethics or unprofessional conduct by any court, agency association, or professional group?
Clifford Keasler:   No, Ma'am.
Mary Riley:     Are you now or have you ever been employed as a "lobbyist" or acted in the capacity of a "lobbyist's principal"?
Clifford Keasler:   No, Ma'am.
Mary Riley:     Are there any reasons you would have difficulty performing the duties of this job?
Clifford Keasler:   No, reason whatsoever.
Senator Alexander:     Are there any questions by any members of the Committee?
Representative McLeod:   I would like to compliment him on his distinguished career as a trooper.
Clifford Keasler:   Thank you
Senator Alexander:     What district did you serve?
Clifford Keasler:   I was in district 2, Greenwood the whole time.
Senator O'Dell:     I thought I recognized your name.
Clifford Keasler:   I know Senator O'Dell.
Senator Alexander:     I hope he isn't known too well.
Senator O'Dell:     Excellent reputation
Clifford Keasler:   I appreciate your comments.
Senator Alexander:     We will and this will be for both candidates. We will again be notifying we have to do transcripts of the hearings from last week and this week. We will send out most likely letters and emails to notify when it will be appropriate for ya'll to seek commitments from members of the Georgia. It would not be appropriate it would be a violation of law prior to that notification.
Senator O'Dell:   Also we did this in screening with candidates prior they couldn't get any votes
Senator Alexander:     Exactly, thank you for that Senator O'Dell and we did that we told them we would notify them so all candidates will be notified at the same time regarding that matter.
Representative McLeod asks if as a trooper he went by Clifford or Ray.
Clifford Keasler:   Went by my initials CR. I go by Ray. My father was Clifford.
Senator O'Dell:     Motion favorable


Printed Page 2655 . . . . . Tuesday, March 23, 2010

Senator Alexander:   Motion, hearing none, stand approved recommended favorable report. Again that is only by Committee as we get the transcripts done. I appreciate your willingness to serve and that your health is better and you were able to join us today
Clifford Keasler:   I want to apologize for not being here last week it was beyond my control
Senator Alexander:     We certainly understand that
Clifford Keasler:   Thank you very much. Happy St. Patrick's Day.
Senator Alexander:     Lonnie Randolph Jr., Good morning
Lonnie Randolph, Jr.:     Good morning to all
Senator Alexander:     Stay standing and raise your right hand - do you swear to tell the truth the whole truth and nothing but the truth so help you God
Lonnie Randolph, Jr.:     I do
Senator Alexander:     Thank you sir, be seated. I have couple of questions and then Ms. Riley will have a few more. If you would briefly tell us about yourself and why you wish to serve on the Consumer Affairs commission or continue to serve as the case may be.
Lonnie Randolph, Jr.:   My name is Lonnie Randolph Jr. I have been in SC all of my life and I am a graduate of Dreher High School '68, Benedict College '72 and Southern College of Optometry '77 and have practiced optometry in SC for 34 years. I am still practicing on a part-time level but I still work. I am married no children. You asked me also about Consumer Affairs I have served I presently serve as chair person for the commission since 1979. May of 1979, and I have had the great experience with the Department and take my service very seriously. Very concerned about the agency and its role in representing the people of SC and I think I have had a great time/experience rather in doing that. and I don't 'like to brag but to show people my love and dedication is that in those 31 years I have missed 2 meetings. Every 2nd Tuesday at 2:00 o'clock, I'm at Consumer Affairs.
Senator Alexander:     Thank you for that service. Staff has received your Personal Data Questionnaire and Statement of Economic Interest form. They have been reviewed and found to be complete except for the one letter we discussed for the record. We need that letter on the reference before it will be complete. Of the information you have provided to this point Are there any changes or additions that need to be submitted?
Lonnie Randolph, Jr.:   No, I will make sure that that letter is...Ms. Dressler is the person's name that I have been trying to reach. I did try


Printed Page 2656 . . . . . Tuesday, March 23, 2010

to reach her yesterday but she was in Greenville I will make sure that you have it as soon as possible
Senator Alexander:     We have to have that in hand before we can find you. Ms. Riley has some other questions
Lonnie Randolph, Jr.:   Okay
Mary Riley:     Do you know of any circumstances that would limit your service on this board or commission?
Lonnie Randolph, Jr.:   No, I don't.
Mary Riley:     Do you or any member of your family own or operate any business which contracts with state or federal government?
Lonnie Randolph, Jr.:   No one
Mary Riley:     Do you or any member of your family own or operate any business which receives state or federal funds from the Consumer Affairs Commission?
Lonnie Randolph, Jr.:   No
Mary Riley:     Have you ever been arrested, charged, or held by federal, state, or other law enforcement authorities for violation of the law, regulation, or ordinance?
Lonnie Randolph, Jr.:   No, I haven't.
Mary Riley:     Have you, to your knowledge, ever been under federal, state, or local investigation for possible violation of a criminal statute?
Lonnie Randolph, Jr.:     No
Mary Riley:     Have federal, state or local authorities ever instituted a tax lien or other collection procedure against you personally? Have you ever defaulted on a student loan? Have you filed for bankruptcy?
Lonnie Randolph, Jr.:   No bankruptcy, no student loan, taxes I have a late payment on some taxes and had a lien issue, but they did allow me to make monthly payments to take care of that.
Senator Alexander:     What year was that?
Lonnie Randolph, Jr.:   I think in 2007 or 2008 I'm not sure but somewhere in that area.
Senator Alexander:     So, has that tax lien been resolved?
Lonnie Randolph, Jr.:   I'm making payments; I'm continuing to make monthly payments on the...
Senator Alexander:     The tax lien is that on property or...
Lonnie Randolph, Jr.:   No, it is the department of treasury.
Mary Riley:     Have you ever been disciplined or cited for a breach of ethics or unprofessional conduct by any court, agency association, or professional group?
Lonnie Randolph, Jr.:   No, I haven't.


Printed Page 2657 . . . . . Tuesday, March 23, 2010

Mary Riley:     Are you now or have you ever been employed as a "lobbyist" or acted in the capacity of a "lobbyist's principal"?
Lonnie Randolph, Jr.:   No I haven't.
Mary Riley:     Are there any reasons you would have difficulty performing the duties of this job?
Lonnie Randolph, Jr.:   None
Senator Alexander:     Questions from members of the Committee?
Senator O'Dell:     Mr. Chairman, how long did you say you had been on the board?
Lonnie Randolph, Jr.:   Since 1979, 31 years.
Senator O'Dell:     That's quite a while
Lonnie Randolph, Jr.:   I've enjoyed every minute of it
Senator O'Dell:     Good, you're doing a good job
Lonnie Randolph, Jr.:   We have my former administrator in the room today and I have had the honor of serving with every administrator that the department has had.
Senator Alexander:     Is that right?
Lonnie Randolph, Jr.:   Yes, it has been a very enjoyable experience
Senator Alexander:     Somebody have a question over here?
Representative McLeod:   I don't have a question but I would like to thank you for your leadership/service to the state and the citizens who live here. I've read a lot about you and enjoyed your career.
Lonnie Randolph, Jr.:   Thank you, Representative McLeod, Thank you.
Senator Alexander:     Again the record, we are waiting on one letter of reference we have to have to complete the application so I guess the appropriate motion to give someone I would entertain if somebody wants to make it is that he would be found favorable upon the completion of all the information staff needs to have a completed application
Senator Alexander:     Motion, Any objection to the motion. Hearing none, we have a favorable report. At this time for the record, we last week held off on making a motion on the other candidates that came before us we had them all in the same line. It was my understanding that we would entertain a motion today that the individuals screened last week. Did anyone have a problem with those candidates? Representative Barfield moves 2nd by Senator O'Dell from Abbeville that the candidates that were screened last week would be found qualified and again at the appropriate time will be notified by staff once the transcript has been submitted and may have to be published You will be notified as to the time you can seek commitments from


Printed Page 2658 . . . . . Tuesday, March 23, 2010

members. Motion and a 2nd. Any objection on the other 4 candidates? Hearing none, they stand approved. Is there any other business to come before the screening committee? Hearing none, we stand adjourned. Thank you all for your attendance today.

Received as information.

H. 3442--COMMITTEE OF CONFERENCE APPOINTED

The following was received from the Senate:

Columbia, S.C., March 16, 2010
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it nonconcurs in the amendments proposed by the House to H. 3442:

H. 3442 (Word version) -- Reps. Bingham, Harrell, Duncan, Harrison, Owens, Toole, Merrill, Brady, E. H. Pitts, G. M. Smith, Daning, Haley, Huggins, Cato, Ballentine, D. C. Smith, J. R. Smith, Rice, T. R. Young, Horne, Wylie, Bedingfield, Clemmons, Bales, Lucas, Neilson, Long, J. M. Neal and M. A. Pitts: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 41-29-300 SO AS CREATE THE WORKFORCE DEPARTMENT APPELLATE PANEL WITHIN THE DEPARTMENT OF WORKFORCE, TO PROVIDE FOR THE FILLING OF A VACANCY, TO REQUIRE THE PRESENT MEMBERS OF THE SOUTH CAROLINA EMPLOYMENT SECURITY COMMISSION MUST CONSTITUTE THE INITIAL MEMBERSHIP OF THE NEW PANEL, TO PROVIDE THE PANEL SHALL DISSOLVE WHEN THE MEMBERS' TERMS EXPIRE IN 2012, AND TO PROVIDE RELATED APPELLATE PROCEDURES; BY ADDING SECTION 41-29-310 SO AS TO TRANSFER THE WORKFORCE INVESTMENT ACT PROGRAM FROM THE DEPARTMENT OF COMMERCE TO THE DEPARTMENT OF WORKFORCE; TO AMEND SECTION 1-30-10, AS AMENDED, RELATING TO DEPARTMENTS WITHIN THE EXECUTIVE BRANCH OF STATE GOVERNMENT, SO AS TO CREATE THE SOUTH CAROLINA DEPARTMENT OF WORKFORCE WITHIN THE EXECUTIVE BRANCH; TO AMEND SECTION 41-29-10, RELATING TO THE EMPLOYMENT SECURITY COMMISSION, SO AS TO PROVIDE THAT CERTAIN CHAPTERS WITHIN TITLE 41 MUST BE ADMINISTERED BY THE DEPARTMENT OF WORKFORCE


Printed Page 2659 . . . . . Tuesday, March 23, 2010

AND TO DELETE REFERENCES TO THE EMPLOYMENT SECURITY COMMISSION; TO AMEND SECTION 41-29-20, RELATING TO THE CHAIRMAN, QUORUM, AND FILLING OF A VACANCY ON THE EMPLOYMENT SECURITY COMMISSION, SO AS TO DELETE THE EXISTING LANGUAGE AND TO PROVIDE THE DEPARTMENT OF WORKFORCE MUST BE MANAGED AND OPERATED BY A DIRECTOR APPOINTED BY THE GOVERNOR WITH THE ADVICE AND CONSENT OF THE SENATE, AND THAT THE DIRECTOR IS SUBJECT TO REMOVAL BY THE GOVERNOR AT HIS DISCRETION BY EXECUTIVE ORDER; TO AMEND SECTION 41-29-30, RELATING TO THE APPOINTMENT OF A SECRETARY OF THE EMPLOYMENT SECURITY COMMISSION, SO AS TO DELETE THE EXISTING LANGUAGE AND PROVIDE THE DIRECTOR OF THE DEPARTMENT OF WORKFORCE OR HIS DESIGNEE MUST RECEIVE ANNUAL COMPENSATION AS PROVIDED BY THE GENERAL ASSEMBLY AND OFFICIAL EXPENSES AS PROVIDED BY LAW FOR EXECUTING THE DUTIES AND FUNCTIONS OF THE DEPARTMENT; TO AMEND SECTION 8-17-370, AS AMENDED, RELATING TO EXEMPTIONS FROM THE STATE EMPLOYEE GRIEVANCE PROCESS, SO AS TO INCLUDE EMPLOYEES OF THE DEPARTMENT OF WORKFORCE AMONG THOSE EXEMPTED; TO AMEND SECTIONS 41-27-10, 41-27-30, 41-27-150, 41-27-160, 41-27-190, 41-27-210, AS AMENDED, 41-27-230, 41-27-235, AS AMENDED, 41-27-260, AS AMENDED, 41-27-360, 41-27-370, AS AMENDED, 41-27-380, 41-27-390, 41-27-510, 41-27-550, 41-27-560, 41-27-570, 41-27-580, 41-27-600, 41-27-610, 41-27-620, 41-27-630, 41-27-670, 41-29-40, 41-29-50, 41-29-60, 41-29-70, 41-29-80, 41-29-90, 41-29-100, 41-29-110, 41-29-120, AS AMENDED, 41-29-130, 41-29-140, 41-29-150, 41-29-170, AS AMENDED, 41-29-180, 41-29-190, 41-29-200, 41-29-210, 41-29-220, 41-29-230, 41-29-240, 41-29-250, 41-29-270, 41-29-280, 41-29-290, 41-33-10, 41-33-20, 41-33-30, 41-33-40, 41-33-45, 41-33-80, AS AMENDED, 41-33-90, 41-33-100, 41-33-110, 41-33-120, 41-33-130, 41-33-170, 41-33-180, 41-33-190, 41-33-200, 41-33-210, 41-33-430, 41-33-460, 41-33-470, 41-33-610, 41-33-710, 41-35-10, 41-35-30, 41-35-100, 41-35-110, AS AMENDED, 41-35-115, AS AMENDED, 41-35-120, AS AMENDED, 41-35-125, 41-35-126, 41-35-130, AS AMENDED, 41-35-140, 41-35-330, 41-35-340, 41-35-410, 41-35-420, AS AMENDED, 41-35-450, 41-35-610, 41-35-630, 41-35-640, AS AMENDED, 41-35-670, 41-35-680, AS AMENDED,


Printed Page 2660 . . . . . Tuesday, March 23, 2010

41-35-690, 41-35-700, 41-35-710, AS AMENDED, 41-35-720, 41-35-730, 41-35-740, 41-35-750, AS AMENDED, 41-37-20, 41-37-30, 41-39-30, 41-39-40, 41-41-20, AS AMENDED, 41-41-40, AS AMENDED, 41-41-50, 41-42-10, 41-42-20, 41-42-30, AND 41-42-40, ALL RELATING TO VARIOUS DEPARTMENT PROVISIONS, SO AS TO CONFORM THEM TO THE REPLACEMENT OF THE EMPLOYMENT SECURITY COMMISSION WITH THE DEPARTMENT OF WORKFORCE; AND TO REPEAL SECTION 41-29-260 RELATING TO THE ABILITY OF COMMISSIONERS OF THE EMPLOYMENT SECURITY COMMISSION TO FILE OPINIONS OR OFFICIAL MINUTES.

Very respectfully,
President

On motion of Rep. BINGHAM, the House insisted upon its amendments.

Whereupon, the Chair appointed Reps. BINGHAM, BATTLE and SANDIFER to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.

MESSAGE FROM THE SENATE

The following was received:

Columbia, S.C., March 17, 2010
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has appointed Senators Land, Leatherman and McConnell of the Committee of Conference on the part of the Senate on H. 3395:

H. 3395 (Word version) -- Reps. Harrell, Thompson, Cooper, Erickson, Bingham, A. D. Young, Edge, Bedingfield, J. R. Smith, G. R. Smith, D. C. Smith, Bannister, Brady, Cato, Chalk, Forrester, Gambrell, Hamilton, Hiott, Horne, Long, Nanney, Parker, E. H. Pitts, Rice, Scott, Sottile, Stewart, Viers, White, Willis, Toole, Neilson, Bales, T. R. Young and Wylie: A BILL TO AMEND SECTION 11-11-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GENERAL RESERVE FUND, SO AS TO MAKE CONFORMING AMENDMENTS TO REFLECT ANY CHANGE IN THE AMOUNT REQUIRED TO BE HELD IN THE GENERAL RESERVE FUND


Printed Page 2661 . . . . . Tuesday, March 23, 2010

PURSUANT TO THE CONSTITUTION OF THIS STATE AND THE RATE OF REPLENISHMENT OF THAT AMOUNT.

Very respectfully,
President
Received as information.

MESSAGE FROM THE SENATE

The following was received:

Columbia, S.C., March 17, 2010
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has appointed Senators Land, Leatherman and McConnell of the Committee of Conference on the part of the Senate on H. 3396:

H. 3396 (Word version) -- Reps. Harrell, Thompson, Scott, Cooper, Erickson, Bingham, A. D. Young, Edge, J. R. Smith, G. R. Smith, Bedingfield, Whitmire, Hiott, D. C. Smith, Bannister, Brady, Cato, Chalk, Forrester, Gambrell, Hamilton, Horne, Long, Nanney, Parker, E. H. Pitts, Rice, Sottile, Stewart, Viers, White, Willis, Toole, Neilson, Bales, T. R. Young and Wylie: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 36, ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE GENERAL RESERVE FUND AND THE CAPITAL RESERVE FUND, SO AS TO INCREASE FROM THREE TO FIVE PERCENT THE AMOUNT OF STATE GENERAL FUND REVENUE IN THE LATEST COMPLETED FISCAL YEAR REQUIRED TO BE HELD IN THE GENERAL RESERVE FUND.

Very respectfully,
President
Received as information.

MESSAGE FROM THE SENATE

The following was received:

Columbia, S.C., March 18, 2010
Mr. Speaker and Members of the House of Representatives:


Printed Page 2662 . . . . . Tuesday, March 23, 2010

The Senate respectfully informs your Honorable Body that it has confirmed the Governor's appointment of:

Clarendon County Master-in Equity
Term Commencing: June 30, 2010
Term Expiring: June 30, 2016
Seat: At-Large

Reappointment
The Honorable William C. Coffey, Jr.
Coffey, Chandler & Kent, P.A.
8 South Brooks Street
Manning, South Carolina 29102

Respectfully,
President of the Senate
Received as information.

MESSAGE FROM THE SENATE

The following was received:

Columbia, S.C., March 18, 2010
Mr. Speaker and Members of the House of Representatives:

The Senate respectfully informs your Honorable Body that it has confirmed the Governor's appointment of:

Allendale County Master-in Equity
Term Commencing: December 31, 2008
Term Expiring: December 31, 2014
Seat: Master-in-Equity

Reappointment
The Honorable Walter H. Sanders, Jr.
Post Office Box 840
Fairfax, South Carolina 29827


Printed Page 2663 . . . . . Tuesday, March 23, 2010

Respectfully,
President of the Senate
Received as information.

HOUSE RESOLUTION

On motion of Rep. RUTHERFORD, with unanimous consent, the following was taken up for immediate consideration:

H. 4756 (Word version) -- Reps. Rutherford, Agnew, Alexander, Allen, Allison, Anderson, Anthony, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bingham, Bowen, Bowers, Brady, Branham, Brantley, G. A. Brown, H. B. Brown, R. L. Brown, Cato, Chalk, Clemmons, Clyburn, Cobb-Hunter, Cole, Cooper, Crawford, Daning, Delleney, Dillard, Duncan, Edge, Erickson, Forrester, Frye, Funderburk, Gambrell, Gilliard, Govan, Gunn, Haley, Hamilton, Hardwick, Harrell, Harrison, Hart, Harvin, Hayes, Hearn, Herbkersman, Hiott, Hodges, Horne, Hosey, Howard, Huggins, Hutto, Jefferson, Jennings, Kelly, Kennedy, King, Kirsh, Knight, Limehouse, Littlejohn, Loftis, Long, Lowe, Lucas, Mack, McEachern, McLeod, Merrill, Miller, Millwood, Mitchell, D. C. Moss, V. S. Moss, Nanney, J. H. Neal, J. M. Neal, Neilson, Norman, Ott, Owens, Parker, Parks, Pinson, E. H. Pitts, M. A. Pitts, Rice, Sandifer, Scott, Sellers, Simrill, Skelton, D. C. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, Sottile, Spires, Stavrinakis, Stewart, Stringer, Thompson, Toole, Umphlett, Vick, Viers, Weeks, Whipper, White, Whitmire, Williams, Willis, Wylie, A. D. Young and T. R. Young: A HOUSE RESOLUTION TO CONGRATULATE THE OUTSTANDING ACHIEVEMENTS ACCOMPLISHED BY THE UNIVERSITY OF SOUTH CAROLINA, TO HONOR THE INSTITUTION'S COMMITMENT TO QUALITY EDUCATION, TO WISH CONTINUED SUCCESS IN ALL OF THE SCHOOL'S FUTURE ENDEAVORS, AND TO RECOGNIZE MARCH 24, 2010, AS "CAROLINA DAY" AT THE STATE HOUSE.

The Resolution was adopted.


Printed Page 2664 . . . . . Tuesday, March 23, 2010

HOUSE RESOLUTION

The following was introduced:

H. 4757 (Word version) -- Reps. D. C. Moss and V. S. Moss: A HOUSE RESOLUTION TO RECOGNIZE AND COMMEND THE GAFFNEY HIGH SCHOOL BOYS BASKETBALL TEAM FOR CAPTURING THE 2010 CLASS AAAA STATE CHAMPIONSHIP TITLE, AND TO HONOR THE TEAM'S EXCEPTIONAL PLAYERS, COACHES, AND STAFF.

The Resolution was adopted.

HOUSE RESOLUTION

On motion of Rep. D. C. MOSS, with unanimous consent, the following was taken up for immediate consideration:

H. 4758 (Word version) -- Reps. D. C. Moss and V. S. Moss: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE GAFFNEY HIGH SCHOOL BOYS BASKETBALL TEAM, COACHES, AND SCHOOL OFFICIALS, AT A DATE AND TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF RECOGNIZING AND COMMENDING THEM ON THEIR OUTSTANDING SEASON AND FOR CAPTURING THE 2010 CLASS AAAA STATE CHAMPIONSHIP TITLE.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 4759 (Word version) -- Rep. Bowers: A HOUSE RESOLUTION TO CONGRATULATE MRS. IDA DELOACH FORESTER OF HAMPTON COUNTY ON THE OCCASION OF HER ONE HUNDREDTH BIRTHDAY, AND TO WISH HER A JOYOUS BIRTHDAY CELEBRATION AND CONTINUED HEALTH AND HAPPINESS.

The Resolution was adopted.


Printed Page 2665 . . . . . Tuesday, March 23, 2010

HOUSE RESOLUTION

The following was introduced:

H. 4760 (Word version) -- Reps. T. R. Young, Huggins, Ballentine, J. E. Smith, Agnew, Alexander, Allen, Allison, Anderson, Anthony, Bales, Bannister, Barfield, Battle, Bedingfield, Bingham, Bowen, Bowers, Brady, Branham, Brantley, G. A. Brown, H. B. Brown, R. L. Brown, Cato, Chalk, Clemmons, Clyburn, Cobb-Hunter, Cole, Cooper, Crawford, Daning, Delleney, Dillard, Duncan, Edge, Erickson, Forrester, Frye, Funderburk, Gambrell, Gilliard, Govan, Gunn, Haley, Hamilton, Hardwick, Harrell, Harrison, Hart, Harvin, Hayes, Hearn, Herbkersman, Hiott, Hodges, Horne, Hosey, Howard, Hutto, Jefferson, Jennings, Kelly, Kennedy, King, Kirsh, Knight, Limehouse, Littlejohn, Loftis, Long, Lowe, Lucas, Mack, McEachern, McLeod, Merrill, Miller, Millwood, Mitchell, D. C. Moss, V. S. Moss, Nanney, J. H. Neal, J. M. Neal, Neilson, Norman, Ott, Owens, Parker, Parks, Pinson, E. H. Pitts, M. A. Pitts, Rice, Rutherford, Sandifer, Scott, Sellers, Simrill, Skelton, D. C. Smith, G. M. Smith, G. R. Smith, J. R. Smith, Sottile, Spires, Stavrinakis, Stewart, Stringer, Thompson, Toole, Umphlett, Vick, Viers, Weeks, Whipper, White, Whitmire, Williams, Willis, Wylie and A. D. Young: A HOUSE RESOLUTION TO EXPRESS THE SINCERE SORROW OF THE MEMBERS OF THE HOUSE OF REPRESENTATIVES OF THE STATE OF SOUTH CAROLINA UPON THE DEATH OF ELIAS SKAFF MACK, JR., OF LEXINGTON COUNTY, AND TO EXTEND THEIR DEEPEST SYMPATHY TO HIS LARGE AND LOVING FAMILY AND TO HIS MANY FRIENDS.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 4761 (Word version) -- Reps. Erickson, Brady, Harvin, Funderburk, Miller, Cobb-Hunter, Horne, Long, A. D. Young, Parks, Allison, Hutto, Nanney, Dillard, Neilson, Haley, Knight, Agnew, Alexander, Allen, Anderson, Anthony, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bingham, Bowen, Bowers, Branham, Brantley, G. A. Brown, H. B. Brown, R. L. Brown, Cato, Chalk, Clemmons, Clyburn, Cole, Cooper, Crawford, Daning, Delleney, Duncan, Edge, Forrester, Frye, Gambrell, Gilliard, Govan, Gunn, Hamilton, Hardwick,


Printed Page 2666 . . . . . Tuesday, March 23, 2010

Harrell, Harrison, Hart, Hayes, Hearn, Herbkersman, Hiott, Hodges, Hosey, Howard, Huggins, Jefferson, Jennings, Kelly, Kennedy, King, Kirsh, Limehouse, Littlejohn, Loftis, Lowe, Lucas, Mack, McEachern, McLeod, Merrill, Millwood, Mitchell, D. C. Moss, V. S. Moss, J. H. Neal, J. M. Neal, Norman, Ott, Owens, Parker, Pinson, E. H. Pitts, M. A. Pitts, Rice, Rutherford, Sandifer, Scott, Sellers, Simrill, Skelton, D. C. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, Sottile, Spires, Stavrinakis, Stewart, Stringer, Thompson, Toole, Umphlett, Vick, Viers, Weeks, Whipper, White, Whitmire, Williams, Willis, Wylie and T. R. Young: A HOUSE RESOLUTION TO HONOR HER WORSHIP MAYOR HAZEL MCCALLION, C.M., OF MISSISSAUGA, ONTARIO, CANADA, FOR HER MANY YEARS OF DEDICATED PUBLIC SERVICE, AND TO EXTEND TO HER A CORDIAL WELCOME TO THE PALMETTO STATE UPON THE OCCASION OF HER ADDRESS TO THE JEAN LANEY HARRIS MEMORIAL LUNCHEON ON MARCH 24, 2010, IN COLUMBIA.

The Resolution was adopted.

HOUSE RESOLUTION

On motion of Rep. A. D. YOUNG, with unanimous consent, the following was taken up for immediate consideration:

H. 4762 (Word version) -- Reps. A. D. Young, Horne, Knight and Harrell: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE FORT DORCHESTER HIGH SCHOOL WRESTLING TEAM, COACHES, AND SCHOOL OFFICIALS, AT A DATE AND TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF RECOGNIZING AND COMMENDING THEM FOR AN OUTSTANDING SEASON AND FOR CAPTURING THE 2010 CLASS AAAA STATE CHAMPIONSHIP TITLE.

The Resolution was adopted.

HOUSE RESOLUTION

The following was taken up for immediate consideration:

H. 4763 (Word version) -- Reps. A. D. Young, Horne, Knight and Harrell: A HOUSE RESOLUTION TO HONOR AND RECOGNIZE THE FORT


Printed Page 2667 . . . . . Tuesday, March 23, 2010

DORCHESTER HIGH SCHOOL WRESTLING TEAM FOR A STELLAR SEASON, AND TO CONGRATULATE THE WRESTLERS, COACHES, AND SCHOOL OFFICIALS FOR CAPTURING THE 2010 CLASS AAAA STATE CHAMPIONSHIP TITLE.

The Resolution was adopted.

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1111 (Word version) -- Senators Campsen, Grooms and Cleary: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF SOUTH CAROLINA HIGHWAY 41 IN CHARLESTON COUNTY FROM ITS INTERSECTION WITH UNITED STATES HIGHWAY 17 TO THE CHARLESTON/BERKELEY COUNTY LINE THE "MAJOR GENERAL ABRAHAM J. TURNER HIGHWAY" AND ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS PORTION OF HIGHWAY THAT CONTAIN THE WORDS "MAJOR GENERAL ABRAHAM J. TURNER HIGHWAY".
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1265 (Word version) -- Senator Coleman: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF SOUTH CAROLINA HIGHWAY 34 ONE-HALF MILE IN BOTH DIRECTIONS FROM ITS INTERSECTION WITH SOUTH CAROLINA HIGHWAY 215 IN FAIRFIELD COUNTY "TROOPER HARRY MCKINLEY COKER, JR. MEMORIAL HIGHWAY" AND ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS PORTION OF HIGHWAY THAT CONTAIN THE WORDS "TROOPER HARRY MCKINLEY COKER, JR. MEMORIAL HIGHWAY".
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.


Printed Page 2668 . . . . . Tuesday, March 23, 2010

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1266 (Word version) -- Senator Coleman: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF SOUTH CAROLINA HIGHWAY 215 ONE-HALF MILE IN BOTH DIRECTIONS FROM ITS INTERSECTION WITH SOUTH CAROLINA HIGHWAY 34 IN FAIRFIELD COUNTY "SOPHIA DONTAE WOODARD MEMORIAL HIGHWAY" AND ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS PORTION OF HIGHWAY THAT CONTAIN THE WORDS "SOPHIA DONTAE WOODARD MEMORIAL HIGHWAY".
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

CONCURRENT RESOLUTION

The following was taken up for immediate consideration:

S. 1273 (Word version) -- Senator Leatherman: A CONCURRENT RESOLUTION TO RECOGNIZE THE WEEK OF MARCH 22-27, 2010, AS "CONNECT A MILLION MINDS WEEK" WHEN TIME WARNER CABLE WILL INTRODUCE A HANDS-ON INTERACTIVE CURRICULUM TO SHOWCASE THE DIGITAL WORLD OF TECHNOLOGY FOR MIDDLE SCHOOL STUDENTS.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1280 (Word version) -- Senators McConnell, Alexander, Anderson, Bright, Bryant, Campbell, Campsen, Cleary, Coleman, Courson, Cromer, Davis, Elliott, Fair, Ford, Grooms, Hayes, Hutto, Jackson, Knotts, Land, Leatherman, Leventis, Lourie, Malloy, L. Martin, S. Martin, Massey, Matthews, McGill, Mulvaney, Nicholson, O'Dell, Peeler, Pinckney, Rankin, Reese, Rose, Ryberg, Scott, Setzler, Sheheen, Shoopman, Thomas, Verdin and Williams: A CONCURRENT RESOLUTION TO EXTEND THE WARMEST CONGRATULATIONS OF THE SENATE TO OUR FRIEND, THE


Printed Page 2669 . . . . . Tuesday, March 23, 2010

HONORABLE SEBASTIAN PHILLIP LENSKI, FOR HIS DISTINGUISHED SERVICE TO THE SENATE, UPON HIS ELECTION AS JUDGE OF THE SOUTH CAROLINA ADMINISTRATIVE LAW COURT, AND TO WISH HIM THE VERY BEST IN HIS NEW ENDEAVOR.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1286 (Word version) -- Senators Scott, Alexander, Anderson, Bright, Bryant, Campbell, Campsen, Cleary, Coleman, Courson, Cromer, Davis, Elliott, Fair, Ford, Grooms, Hayes, Hutto, Jackson, Knotts, Land, Leatherman, Leventis, Lourie, Malloy, L. Martin, S. Martin, Massey, Matthews, McConnell, McGill, Mulvaney, Nicholson, O'Dell, Peeler, Pinckney, Rankin, Reese, Rose, Ryberg, Setzler, Sheheen, Shoopman, Thomas, Verdin and Williams: A CONCURRENT RESOLUTION TO COMMEND GEORGE GLYMPH, RETIRED HEAD BASKETBALL COACH OF COLUMBIA'S EAU CLAIRE HIGH SCHOOL, FOR HIS OUTSTANDING CAREER ACCOMPLISHMENTS, AND TO RECOGNIZE HIM UPON THE DEDICATION OF THE EAU CLAIRE HIGH SCHOOL GEORGE GLYMPH ARENA, NAMED IN HIS HONOR.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1292 (Word version) -- Senator Alexander: A CONCURRENT RESOLUTION TO FIX WEDNESDAY, APRIL 14, 2010, AT 12:00 NOON, AS THE TIME FOR ELECTING SUCCESSOR MEMBERS TO THE SOUTH CAROLINA CONSUMER AFFAIRS COMMISSION FOR SEATS 1, 2, 3, AND 4 WHOSE TERMS HAVE EXPIRED.

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


Printed Page 2670 . . . . . Tuesday, March 23, 2010

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1293 (Word version) -- Senators Knotts, Alexander, Anderson, Bright, Bryant, Campbell, Campsen, Cleary, Coleman, Courson, Cromer, Davis, Elliott, Fair, Ford, Grooms, Hayes, Hutto, Jackson, Land, Leatherman, Leventis, Lourie, Malloy, L. Martin, S. Martin, Massey, Matthews, McConnell, McGill, Mulvaney, Nicholson, O'Dell, Peeler, Pinckney, Rankin, Reese, Rose, Ryberg, Scott, Setzler, Sheheen, Shoopman, Thomas, Verdin and Williams: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND THE SOUTH CAROLINA PIER TEAM, INC., FOR SPONSORING THE FIRST-EVER SOUTH CAROLINA EMERGENCY MEDICAL MEMORIAL BIKE RIDE.

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

CONCURRENT RESOLUTION

The following was taken up for immediate consideration:

S. 1295 (Word version) -- Senators Ryberg, Alexander, Anderson, Bright, Bryant, Campbell, Campsen, Cleary, Coleman, Courson, Cromer, Davis, Elliott, Fair, Ford, Grooms, Hayes, Hutto, Jackson, Knotts, Land, Leatherman, Leventis, Lourie, Malloy, L. Martin, S. Martin, Massey, Matthews, McConnell, McGill, Mulvaney, Nicholson, O'Dell, Peeler, Pinckney, Rankin, Reese, Rose, Scott, Setzler, Sheheen, Shoopman, Thomas, Verdin and Williams: A CONCURRENT RESOLUTION TO DECLARE APRIL 18-24, 2010, AS "SOUTH CAROLINA GOLF WEEK".

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

INTRODUCTION OF BILLS

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

H. 4764 (Word version) -- Reps. J. E. Smith, J. H. Neal, Funderburk, McEachern, Bales, Gunn, Howard, Hart, Rutherford, G. M. Smith and Weeks: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 48-1-105 SO AS TO ESTABLISH A


Printed Page 2671 . . . . . Tuesday, March 23, 2010

MAXIMUM DAILY ARSENIC DISCHARGE FOR ANY COAL-FIRED POWER PLANT DISCHARGING INTO THE WATEREE RIVER FROM ANY WATER SOURCE; TO REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO DEVELOP A PLAN TO REMOVE THE ARSENIC CONTAMINATION WITHIN FIVE YEARS FROM THE WATEREE RIVER AND GROUNDWATER CONNECTED TO THE RIVER AND TO PREVENT FURTHER CONTAMINATION OF THESE WATERS; AND TO REQUIRE THE DEPARTMENT TO SUBMIT THIS PLAN FOR APPROVAL WITHIN ONE YEAR TO THE COUNTY LEGISLATIVE DELEGATIONS OF THE COUNTIES THROUGH WHICH THE WATEREE RIVER FLOWS.
Rep. J. E. SMITH asked unanimous consent to have the Bill placed on the Calendar without reference.
Rep. DUNCAN objected.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs

H. 4765 (Word version) -- Rep. Herbkersman: A BILL TO AMEND SECTION 56-3-115, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OPERATION OF GOLF CARTS ALONG THE STATE'S HIGHWAYS, SO AS TO PROVIDE THAT WHEN A GOLF CART OWNER'S RESIDENCE IS LOCATED WITHIN A GATED COMMUNITY THE TWO-MILE LIMIT WITHIN WHICH A GOLF CART OWNER MAY OPERATE HIS GOLF CART MUST BE MEASURED FROM THE COMMUNITY'S PRIMARY ENTRANCE AND NOT FROM THE OWNER'S RESIDENCE.
Referred to Committee on Education and Public Works

H. 4766 (Word version) -- Rep. Sellers: A BILL TO ENACT "BECCA'S LAW", TO AMEND SECTION 63-9-340, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXECUTING A CONSENT OR RELINQUISHMENT FOR THE PURPOSE OF ADOPTION, SO AS TO PROVIDE THAT A MOTHER OR A FATHER MUST NOT EXECUTE A CONSENT OR RELINQUISHMENT UNTIL FIFTEEN DAYS AFTER THE CHILD IS BORN.
Referred to Committee on Judiciary

H. 4767 (Word version) -- Reps. Bedingfield, Rice, Stringer, Wylie, Erickson, Hardwick, J. R. Smith, Sottile, Huggins, Allison, Forrester, Parker, Clemmons, Barfield, Cole, Daning, Duncan, Kelly, Littlejohn and


Printed Page 2672 . . . . . Tuesday, March 23, 2010

White: A BILL TO ENACT THE "FREEDOM OF CHOICE IN HEALTH CARE ACT", TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-1-40 SO AS TO PROVIDE THAT CITIZENS OF THIS STATE HAVE THE RIGHT TO PURCHASE PRIVATE HEALTH INSURANCE, TO PROVIDE THAT THE GENERAL ASSEMBLY MAY NOT REQUIRE ANY PERSON TO PURCHASE HEALTH CARE INSURANCE, AND TO REQUIRE THE ATTORNEY GENERAL TO CHALLENGE THE CONSTITUTIONALITY OF ANY HEALTH CARE PLAN MANDATED BY CONGRESS.
Referred to Committee on Labor, Commerce and Industry

H. 4768 (Word version) -- Reps. Neilson, Cobb-Hunter, Skelton, Bales and McLeod: A JOINT RESOLUTION TO CREATE THE SUZANNE KIRSH TASK FORCE ON LONG TERM CARE IN SOUTH CAROLINA.
On motion of Rep. NEILSON, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.

S. 1078 (Word version) -- Senators Jackson, Knotts, Courson, Ryberg, Nicholson, Sheheen, Thomas, Rose, Campbell, Malloy, Ford, L. Martin, Hayes, Verdin, Davis, Leventis and Cromer: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-7-264 SO AS TO REQUIRE THE OWNER OF A COMMUNITY RESIDENTIAL CARE FACILITY TO UNDERGO A CRIMINAL RECORD CHECK AS A REQUIREMENT OF LICENSURE AND TO ENUMERATE THOSE CRIMES THAT PRECLUDE LICENSURE.
Referred to Committee on Medical, Military, Public and Municipal Affairs

S. 1172 (Word version) -- Senators Fair, Hutto, Jackson, Alexander, Ford, L. Martin, Campbell, Rose, Knotts and Cromer: A BILL TO AMEND SECTION 63-7-1640, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEPARTMENT OF SOCIAL SERVICES PROVIDING REASONABLE EFFORTS TO ACHIEVE FAMILY PRESERVATION AND REUNIFICATION, SO AS TO PROVIDE THAT THE NAMED PARTY MAY MOVE TO HAVE THE COURT DETERMINE IF THE DEPARTMENT SHALL CONTINUE WITH THESE EFFORTS, TO ADD ALCOHOL AND DRUG ADDITION, MENTAL ILLNESS, AND EXTREME PHYSICAL INCAPACITY TO THE CIRCUMSTANCES UNDER WHICH THE DEPARTMENT


Printed Page 2673 . . . . . Tuesday, March 23, 2010

IS NOT REQUIRED TO TRY TO PRESERVE AND REUNIFY A FAMILY, TO REQUIRE THE COURT TO MAKE SPECIFIC FINDINGS WHEN RELEASING THE DEPARTMENT FROM TRYING TO PRESERVE AND REUNIFY A FAMILY, AND TO REQUIRE THE DEPARTMENT TO PETITION FOR TERMINATION OF PARENTAL RIGHTS WITHIN SIXTY DAYS WHEN FAMILY PRESERVATION AND REUNIFICATION IS NO LONGER REQUIRED; TO AMEND SECTION 63-7-1660, RELATING TO PROCEDURES FOR REMOVING A CHILD FROM THE CUSTODY OF HIS PARENTS BY FILING A PETITION IN FAMILY COURT AND GROUNDS FOR REMOVAL, SO AS TO REQUIRE THE DEPARTMENT TO ALSO SEEK TERMINATION OF PARENTAL RIGHTS IF CIRCUMSTANCES EXIST THAT THE DEPARTMENT IS NOT REQUIRED TO TRY TO PRESERVE AND REUNIFY THE FAMILY; TO AMEND SECTION 63-7-1680, RELATING TO THE CONTENTS OF A PLACEMENT PLAN WHEN A CHILD IS REMOVED FROM THE CUSTODY OF HIS PARENTS, SO AS TO REVISE AND FURTHER SPECIFY THE CONTENTS OF THE PLACEMENT PLAN; TO AMEND SECTION 63-7-1700, RELATING TO THE FAMILY COURT REVIEWING A CHILD'S PERMANENT PLACEMENT PLAN, SO AS TO FURTHER PROVIDE THE CONTENTS OF A SUPPLEMENTAL REPORT TO BE PROVIDED TO THE COURT WHEN CONDUCTING SUCH A REVIEW, TO FURTHER SPECIFY CONDITIONS FOR REVIEW, TO FURTHER SPECIFY CONDITIONS FOR RETURNING THE CHILD TO THE CUSTODY OF HIS PARENTS, TO FURTHER SPECIFY CONDITIONS UNDER WHICH THE PLACEMENT PLAN MAY BE EXTENDED, AND TO DELETE DUPLICATIVE TEXT; TO AMEND SECTION 63-7-2570, RELATING TO GROUNDS FOR TERMINATING PARENTAL RIGHTS, SO AS TO PROVIDE THAT IN SOME INSTANCES A PARENT'S CONDUCT INVOLVING A CHILD, OTHER THAN A CHILD OF THE PARENT, MAY CONSTITUTE GROUNDS FOR TERMINATION OF PARENTAL RIGHTS; TO AMEND SECTION 63-9-60, RELATING TO PERSONS WHO MAY ADOPT A CHILD IN THIS STATE, SO AS TO PROVIDE THAT AN ADOPTION BY PERSONS WHO ARE NONRESIDENTS MUST BE FINALIZED IN THIS STATE; AND BY ADDING SECTION 63-9-70 SO AS TO PROHIBIT CERTAIN PERSONS OR ENTITIES FROM ADVERTISING THAT THE PERSON OR ENTITY WILL PLACE OR ACCEPT A CHILD FOR ADOPTION,


Printed Page 2674 . . . . . Tuesday, March 23, 2010

TO PROVIDE AN EXCEPTION, AND TO PROVIDE THAT THE FAMILY COURT SHALL ENJOIN VIOLATIONS OF THIS SECTION.
Referred to Committee on Judiciary

S. 1224 (Word version) -- Senator Thomas: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ENACT MICHELLE'S LAW BY ADDING SECTIONS 38-71-355 AND 38-71-785 SO AS TO REQUIRE HEALTH INSURANCE ISSUERS TO PERMIT A DEPENDENT CHILD ON A MEDICALLY NECESSARY LEAVE OF ABSENCE FROM A POSTSECONDARY EDUCATIONAL INSTITUTION TO CONTINUE DEPENDENT COVERAGE AND TO PROVIDE FOR THE REQUIREMENTS RELATED TO THAT COVERAGE; TO AMEND SECTION 38-71-850, RELATING TO THE DEFINITION OF "CREDITABLE COVERAGE" FOR GROUP HEALTH INSURANCE COVERAGE AND SPECIAL ENROLLMENT IN GROUP HEALTH INSURANCE COVERAGE, BOTH UNDER THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996, SO AS TO ADD COVERAGE OF AN INDIVIDUAL UNDER THE STATE CHILDREN'S HEALTH INSURANCE PROGRAM AND TO ENACT FEDERAL REQUIREMENTS SET FORTH IN THE CHILDREN'S HEALTH INSURANCE PROGRAM REAUTHORIZATION ACT OF 2009 TO PROVIDE FOR SPECIAL ENROLLMENT OF AN EMPLOYEE OR AN EMPLOYEE'S DEPENDENT IN THE CASE OF TERMINATION OF MEDICAID COVERAGE OR COVERAGE UNDER A STATE CHILDREN'S HEALTH INSURANCE PROGRAM OR THE INDIVIDUAL BECOMING ELIGIBLE FOR ASSISTANCE IN THE PURCHASE OF EMPLOYMENT-BASED COVERAGE; TO AMEND SECTION 38-74-10, AS AMENDED, RELATING TO THE DEFINITION OF "CREDITABLE COVERAGE" FOR THE SOUTH CAROLINA HEALTH INSURANCE POOL, SO AS TO ADD COVERAGE OF AN INDIVIDUAL UNDER THE STATE CHILDREN'S HEALTH INSURANCE PROGRAM; TO AMEND SECTIONS 38-90-40, AS AMENDED, 38-90-45, AND 38-90-50, AS AMENDED, RELATING TO CAPITALIZATION REQUIREMENTS FOR CAPTIVE INSURANCE COMPANIES, SO AS TO PROVIDE THAT THE DIRECTOR OF INSURANCE MAY CONSIDER THE NET AMOUNT OF RISK RETAINED FOR AN INDIVIDUAL RISK WHEN ARRIVING AT A FINDING RELATING TO ADDITIONAL


Printed Page 2675 . . . . . Tuesday, March 23, 2010

CAPITAL OR NET ASSETS REQUIREMENTS; TO AMEND SECTION 38-90-70, AS AMENDED, RELATING TO REPORTS REQUIRED TO BE SUBMITTED BY A CAPTIVE INSURANCE COMPANY TO THE DIRECTOR, SO AS TO REQUIRE AN ASSOCIATION CAPTIVE INSURANCE COMPANY AND INDUSTRIAL INSURED GROUP TO SUBMIT ITS REPORT IN THE MANNER REQUIRED BY SECTION 38-13-80; TO AMEND SECTION 38-90-80, AS AMENDED, RELATING TO INSPECTIONS AND EXAMINATIONS OF A CAPTIVE INSURANCE COMPANY, SO AS TO PERMIT THE DIRECTOR TO GRANT ACCESS TO, USE, AND MAKE PUBLIC CERTAIN INFORMATION DISCOVERED OR DEVELOPED DURING THE COURSE OF AN EXAMINATION; TO AMEND SECTION 38-90-160, AS AMENDED, RELATING TO THE APPLICATION OF THE PROVISIONS OF TITLE 38 TO CAPTIVE INSURANCE COMPANIES, SO AS TO SPECIFY THAT REGULATIONS PROMULGATED PURSUANT TO APPLICABLE STATUTES ALSO APPLY TO CAPTIVE INSURANCE COMPANIES AND TO PROVIDE A LISTING OF THOSE PROVISIONS OF TITLE 38 THAT APPLY TO CERTAIN CAPTIVE INSURANCE COMPANIES; TO AMEND SECTION 38-90-430, AS AMENDED, RELATING TO THE APPLICATION OF THE PROVISIONS OF TITLE 38 TO SPECIAL PURPOSE FINANCIAL CAPTIVES, SO AS TO SPECIFY THAT REGULATIONS PROMULGATED PURSUANT TO APPLICABLE STATUTES ALSO APPLY TO SPECIAL PURPOSE FINANCIAL CAPTIVES; AND TO AMEND CHAPTER 93, TITLE 38, RELATING TO THE PRIVACY OF GENETIC INFORMATION, SO AS TO ENACT FEDERAL REQUIREMENTS SET FORTH IN THE GENETIC INFORMATION NONDISCRIMINATION ACT OF 2008 TO PROHIBIT DISCRIMINATION ON THE BASIS OF GENETIC INFORMATION, PROVIDE FOR THE REQUIREMENTS RELATING TO THE COLLECTION OF GENETIC INFORMATION, AND TO PROVIDE FOR THE SCOPE OF THE CHAPTER.
Referred to Committee on Labor, Commerce and Industry


Printed Page 2676 . . . . . Tuesday, March 23, 2010

CONCURRENT RESOLUTION

The following was introduced:

H. 4769 (Word version) -- Reps. Harrell, Agnew, Alexander, Allen, Allison, Anderson, Anthony, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bingham, Bowen, Bowers, Brady, Branham, Brantley, G. A. Brown, H. B. Brown, R. L. Brown, Cato, Chalk, Clemmons, Clyburn, Cobb-Hunter, Cole, Cooper, Crawford, Daning, Delleney, Dillard, Duncan, Edge, Erickson, Forrester, Frye, Funderburk, Gambrell, Gilliard, Govan, Gunn, Haley, Hamilton, Hardwick, Harrison, Hart, Harvin, Hayes, Hearn, Herbkersman, Hiott, Hodges, Horne, Hosey, Howard, Huggins, Hutto, Jefferson, Jennings, Kelly, Kennedy, King, Kirsh, Knight, Limehouse, Littlejohn, Loftis, Long, Lowe, Lucas, Mack, McEachern, McLeod, Merrill, Miller, Millwood, Mitchell, D. C. Moss, V. S. Moss, Nanney, J. H. Neal, J. M. Neal, Neilson, Norman, Ott, Owens, Parker, Parks, Pinson, E. H. Pitts, M. A. Pitts, Rice, Rutherford, Sandifer, Scott, Sellers, Simrill, Skelton, D. C. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, Sottile, Spires, Stavrinakis, Stewart, Stringer, Thompson, Toole, Umphlett, Vick, Viers, Weeks, Whipper, White, Whitmire, Williams, Willis, Wylie, A. D. Young and T. R. Young: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR DR. ALLAN D. LIEBERMAN OF CHARLESTON COUNTY FOR HIS DISTINGUISHED CAREER IN MEDICINE AND MEDICAL EDUCATION AND FOR HIS MANY CONTRIBUTIONS TO HIS PROFESSION AND THE PEOPLE OF SOUTH CAROLINA.

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

ROLL CALL

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

Agnew                  Alexander              Allen
Allison                Anderson               Anthony
Bales                  Ballentine             Bannister
Barfield               Battle                 Bedingfield
Bingham                Bowen                  Bowers
Brady                  Branham                Brantley
G. A. Brown            H. B. Brown            R. L. Brown
Cato                   Chalk                  Clemmons

Printed Page 2677 . . . . . Tuesday, March 23, 2010

Clyburn                Cobb-Hunter            Cole
Cooper                 Crawford               Daning
Delleney               Dillard                Duncan
Erickson               Forrester              Frye
Funderburk             Gambrell               Govan
Gunn                   Haley                  Hamilton
Hardwick               Harrell                Harrison
Hart                   Harvin                 Hayes
Hearn                  Herbkersman            Hiott
Hodges                 Horne                  Howard
Huggins                Hutto                  Jefferson
Kelly                  King                   Kirsh
Limehouse              Littlejohn             Loftis
Long                   Lowe                   Lucas
McEachern              McLeod                 Merrill
Miller                 Millwood               D. C. Moss
V. S. Moss             Nanney                 J. H. Neal
J. M. Neal             Neilson                Norman
Ott                    Owens                  Parker
Parks                  Pinson                 M. A. Pitts
Rice                   Rutherford             Sandifer
Scott                  Simrill                Skelton
D. C. Smith            G. M. Smith            G. R. Smith
J. E. Smith            J. R. Smith            Sottile
Spires                 Stavrinakis            Stringer
Toole                  Umphlett               Vick
Viers                  Weeks                  White
Whitmire               Willis                 Wylie
A. D. Young            T. R. Young

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Tuesday, March 23.

Wendell Gilliard                  Lonnie Hosey
Bakari Sellers                    James E. Stewart
Harold Mitchell                   Patsy Knight
Tracy Edge                        David Mack III

Total Present--118


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LEAVE OF ABSENCE

The SPEAKER granted Rep. KENNEDY a leave of absence for the week due to medical reasons.

STATEMENT OF ATTENDANCE

Rep. BALES signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Thursday, March 18.

DOCTOR OF THE DAY

Announcement was made that Dr. Gary Goforth of Greenwood was the Doctor of the Day for the General Assembly.

CO-SPONSORS ADDED AND REMOVED

In accordance with House Rule 5.2 below:
"5.2   Every bill before presentation shall have its title endorsed; every report, its title at length; every petition, memorial, or other paper, its prayer or substance; and, in every instance, the name of the member presenting any paper shall be endorsed and the papers shall be presented by the member to the Speaker at the desk. A member may add his name to a bill or resolution or a co-sponsor of a bill or resolution may remove his name at any time prior to the bill or resolution receiving passage on second reading. The member or co-sponsor shall notify the Clerk of the House in writing of his desire to have his name added or removed from the bill or resolution. The Clerk of the House shall print the member's or co-sponsor's written notification in the House Journal. The removal or addition of a name does not apply to a bill or resolution sponsored by a committee."

CO-SPONSOR ADDED

Bill Number:   H. 3924 (Word version)
Date:   ADD:
03/23/10   CLEMMONS

CO-SPONSOR ADDED

Bill Number:   H. 4181 (Word version)
Date:   ADD:
03/23/10   HALEY


Printed Page 2679 . . . . . Tuesday, March 23, 2010

CO-SPONSORS ADDED

Bill Number:   H. 4240 (Word version)
Date:   ADD:
03/23/10   HALEY and WILLIS

CO-SPONSOR ADDED

Bill Number:   H. 4269 (Word version)
Date:   ADD:
03/23/10   SOTTILE

CO-SPONSOR ADDED

Bill Number:   H. 4663 (Word version)
Date:   ADD:
03/23/10   HALEY

CO-SPONSOR ADDED

Bill Number:   H. 4755 (Word version)
Date:   ADD:
03/23/10   ANDERSON

CO-SPONSOR REMOVED

Bill Number:   H. 4115 (Word version)
Date:   REMOVE:
03/23/10   MILLWOOD

CO-SPONSOR REMOVED

Bill Number:   H. 4114 (Word version)
Date:   REMOVE:
03/23/10   MILLWOOD

CO-SPONSOR REMOVED

Bill Number:   H. 3886 (Word version)
Date:   REMOVE:
03/23/10   HALEY

ORDERED TO THIRD READING

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

H. 4755 (Word version) -- Reps. Miller and Anderson: A BILL TO PROVIDE THAT THE SCHOOL DISTRICT OF GEORGETOWN COUNTY


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FOR FISCAL YEAR 2010-2011 MAY EXPEND FUNDS GENERATED FROM A GENERAL OBLIGATION DEBT BOND ISSUE FOR SCHOOL OPERATING PURPOSES, IN ORDER TO DEAL WITH A SHORTAGE OF SCHOOL OPERATING FUNDS, IF PERMITTED BY THE FEDERAL LAW APPLICABLE TO THE PARTICULAR TYPES OF BONDS ISSUED AND IF IT DOES NOT VIOLATE ANY PROVISIONS OF THE BOND INDENTURE APPLICABLE TO THE ISSUANCE AND SALE OF THOSE BONDS.

S. 914 (Word version) -- Senator Land: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-13-120, TO SET THE SIZE LIMITS AT FOURTEEN INCHES TOTAL LENGTH AND THE CATCH LIMIT AT FIVE PER DAY FOR BLACK BASS IN LAKES MARION AND MOULTRIE AND THE UPPER SANTEE RIVER.

Rep. UMPHLETT explained the Bill.

H. 3561--DEBATE ADJOURNED

The following Joint Resolution was taken up:

H. 3561 (Word version) -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE REVENUES FOR THE OPERATIONS OF STATE GOVERNMENT FOR FISCAL YEAR 2009-2010 TO SUPPLEMENT APPROPRIATIONS MADE FOR THOSE PURPOSES BY THE GENERAL APPROPRIATIONS ACT FOR FISCAL YEAR 2009-2010.

Rep. COOPER moved to adjourn debate on the Joint Resolution until Thursday, March 25, which was agreed to.

H. 3854--DEBATE ADJOURNED

The following Bill was taken up:

H. 3854 (Word version) -- Rep. Cooper: A BILL TO AMEND TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO


Printed Page 2681 . . . . . Tuesday, March 23, 2010

TAXATION, SO AS TO REVISE CERTAIN CHAPTERS AND SECTIONS PERTAINING TO VARIOUS TAX MATTERS.

Rep. COOPER moved to adjourn debate on the Bill until Thursday, March 25, which was agreed to.

H. 4520--DEBATE ADJOURNED

The following Bill was taken up:

H. 4520 (Word version) -- Reps. Bales, Neilson and Clemmons: A BILL TO AMEND SECTION 51-3-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO USE OF FACILITIES AND CAMPSITES AT REDUCED RATES BY THE AGED, BLIND, OR DISABLED, SO AS TO PROVIDE THAT SUCH PERSONS MAY GAIN ADMISSION TO AND USE THE CAMPGROUNDS OF STATE PARKS AT ONE HALF THE PRESCRIBED FEE, AND TO PROVIDE THAT DISABLED VETERANS MAY GAIN ADMISSION TO AND USE THE CAMPGROUNDS OF STATE PARKS WITHOUT CHARGE; BY ADDING SECTION 51-3-75 SO AS TO PROVIDE THAT BASED ON A REVIEW OF BUSINESS AND PERSONAL USE OF A PARTICULAR STATE PARK OR FACILITY BY THE DEPARTMENT OF PARKS, RECREATION AND TOURISM, AND THE LABOR AND INSURANCE REQUIREMENTS IT SUSTAINS AT THAT FACILITY, IT MAY ALTER THE MANAGEMENT PLAN FOR THAT PARK OR FACILITY BY PERMITTING THE RELETTING OF CAMPSITES, CAMPING FACILITIES, OR OTHER AMENITIES BEFORE THE RENTAL TERM OF THE ORIGINAL RENTER HAS EXPIRED IF VACATED BY THE ORIGINAL RENTER BEFORE THE END OF THE STATED TERM, AND TO PROVIDE THE DEPARTMENT ALSO MAY WAIVE THE CHARGES FOR ITS REUSE AND FOR THE USE OF THESE AND OTHER AMENITIES.

Rep. COOPER moved to adjourn debate on the Bill until Wednesday, March 24, which was agreed to.

S. 168--DEBATE ADJOURNED

The following Bill was taken up:

S. 168 (Word version) -- Senators Cleary, Campsen, Rose, Bryant, Elliott and Hutto: A BILL TO AMEND SECTION 38-79-30, CODE OF LAWS OF


Printed Page 2682 . . . . . Tuesday, March 23, 2010

SOUTH CAROLINA, 1976, RELATING TO MEDICAL MALPRACTICE INSURANCE SO AS TO PROVIDE THAT A LICENSED HEALTH CARE PROVIDER WHO RENDERS MEDICAL SERVICES VOLUNTARILY AND WITHOUT COMPENSATION, AND SEEKS NO REIMBURSEMENT FROM CHARITABLE AND GOVERNMENTAL SOURCES, AND PROVIDES NOTICE TO THE PATIENT OR PATIENT'S PROVIDER IN A NON-EMERGENCY, IS NOT LIABLE FOR ANY CIVIL DAMAGES FOR ANY ACT OR OMISSION UNLESS THE ACT OR OMISSION WAS THE RESULT OF THE HEALTH CARE PROVIDER'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.

Rep. WHITMIRE moved to adjourn debate on the Bill until Wednesday, March 24, which was agreed to.

H. 4733--RECOMMITTED

The following Joint Resolution was taken up:

H. 4733 (Word version) -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF NATURAL RESOURCES, RELATING TO REGULATION OF REAL PROPERTY OWNED AND LEASED BY THE DEPARTMENT, DESIGNATED AS REGULATION DOCUMENT NUMBER 4110, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. FORRESTER moved to recommit the Joint Resolution to the Committee on Agriculture, Natural Resources and Environmental Affairs, which was agreed to.

H. 4220--ORDERED TO THIRD READING

The following Bill was taken up:

H. 4220 (Word version) -- Reps. M. A. Pitts, White, Duncan, Lowe, Loftis, Bedingfield and Hutto: A BILL TO AMEND SECTION 12-36-2120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SALES TAX EXEMPTIONS, SO AS TO REENACT THE "SECOND AMENDMENT RECOGNITION ACT"


Printed Page 2683 . . . . . Tuesday, March 23, 2010

EXEMPTING FIREARMS SOLD ON THE FRIDAY AND SATURDAY AFTER THANKSGIVING OF EVERY YEAR.

Rep. M. A. PITTS explained the Bill.

The yeas and nays were taken resulting as follows:

Yeas 100; Nays 2

Those who voted in the affirmative are:

Agnew                  Allen                  Allison
Anderson               Anthony                Bales
Ballentine             Bannister              Barfield
Battle                 Bedingfield            Bingham
Bowen                  Bowers                 Brady
Brantley               G. A. Brown            H. B. Brown
R. L. Brown            Cato                   Chalk
Clemmons               Cobb-Hunter            Cole
Cooper                 Crawford               Daning
Delleney               Dillard                Duncan
Erickson               Forrester              Funderburk
Gambrell               Govan                  Gunn
Haley                  Hardwick               Harrell
Harrison               Harvin                 Hearn
Herbkersman            Hiott                  Horne
Hosey                  Howard                 Huggins
Hutto                  Jefferson              Kelly
King                   Kirsh                  Knight
Limehouse              Littlejohn             Loftis
Long                   Lowe                   Lucas
McEachern              McLeod                 Merrill
Miller                 Millwood               D. C. Moss
V. S. Moss             Nanney                 Neilson
Norman                 Ott                    Owens
M. A. Pitts            Rice                   Sandifer
Scott                  Sellers                Simrill
Skelton                D. C. Smith            G. M. Smith
G. R. Smith            J. E. Smith            J. R. Smith
Sottile                Spires                 Stavrinakis
Stewart                Stringer               Toole
Umphlett               Vick                   Viers
Weeks                  White                  Whitmire

Printed Page 2684 . . . . . Tuesday, March 23, 2010

Williams               Willis                 A. D. Young
T. R. Young

Total--100

Those who voted in the negative are:

Gilliard               Hart

Total--2

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

RECORD FOR VOTING

I was temporarily out of the Chamber on constituent business during the vote on H. 4220. If I had been present, I would have voted in favor of the Bill.

Rep. Gene Pinson

S. 391--DEBATE ADJOURNED

The following Bill was taken up:

S. 391 (Word version) -- Senators Ryberg, McConnell, Verdin, Bryant, Cleary, Campsen, Shoopman, Campbell, Rose, Davis, Bright, S. Martin and Sheheen: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 41-29-300 SO AS CREATE THE WORKFORCE DEPARTMENT APPELLATE PANEL WITHIN THE DEPARTMENT OF WORKFORCE, TO PROVIDE FOR THE FILLING OF A VACANCY, TO REQUIRE THE PRESENT MEMBERS OF THE SOUTH CAROLINA EMPLOYMENT SECURITY COMMISSION MUST CONSTITUTE THE INITIAL MEMBERSHIP OF THE NEW PANEL, TO PROVIDE THE PANEL SHALL DISSOLVE WHEN THE MEMBERS' TERMS EXPIRE IN 2012, AND TO PROVIDE RELATED APPELLATE PROCEDURES; BY ADDING SECTION 41-29-310 SO AS TO TRANSFER THE WORKFORCE INVESTMENT ACT PROGRAM FROM THE DEPARTMENT OF COMMERCE TO THE DEPARTMENT OF WORKFORCE; TO AMEND SECTION 1-30-10, AS AMENDED, RELATING TO DEPARTMENTS WITHIN THE EXECUTIVE BRANCH OF STATE GOVERNMENT, SO AS TO CREATE THE SOUTH CAROLINA DEPARTMENT OF WORKFORCE WITHIN THE EXECUTIVE


Printed Page 2685 . . . . . Tuesday, March 23, 2010

BRANCH; TO AMEND SECTION 41-29-10, RELATING TO THE EMPLOYMENT SECURITY COMMISSION, SO AS TO PROVIDE THAT CERTAIN CHAPTERS WITHIN TITLE 41 MUST BE ADMINISTERED BY THE DEPARTMENT OF WORKFORCE AND TO DELETE REFERENCES TO THE EMPLOYMENT SECURITY COMMISSION; TO AMEND SECTION 41-29-20, RELATING TO THE CHAIRMAN, QUORUM, AND FILLING OF A VACANCY ON THE EMPLOYMENT SECURITY COMMISSION, SO AS TO DELETE THE EXISTING LANGUAGE AND TO PROVIDE THE DEPARTMENT OF WORKFORCE MUST BE MANAGED AND OPERATED BY A DIRECTOR APPOINTED BY THE GOVERNOR WITH THE ADVICE AND CONSENT OF THE SENATE, AND THAT THE DIRECTOR IS SUBJECT TO REMOVAL BY THE GOVERNOR AT HIS DISCRETION BY EXECUTIVE ORDER; TO AMEND SECTION 41-29-30, RELATING TO THE APPOINTMENT OF A SECRETARY OF THE EMPLOYMENT SECURITY COMMISSION, SO AS TO DELETE THE EXISTING LANGUAGE AND PROVIDE THE DIRECTOR OF THE DEPARTMENT OF WORKFORCE OR HIS DESIGNEE MUST RECEIVE ANNUAL COMPENSATION AS PROVIDED BY THE GENERAL ASSEMBLY AND OFFICIAL EXPENSES AS PROVIDED BY LAW FOR EXECUTING THE DUTIES AND FUNCTIONS OF THE DEPARTMENT; TO AMEND SECTION 8-17-370, AS AMENDED, RELATING TO EXEMPTIONS FROM THE STATE EMPLOYEE GRIEVANCE PROCESS, SO AS TO INCLUDE EMPLOYEES OF THE DEPARTMENT OF WORKFORCE AMONG THOSE EXEMPTED; TO AMEND SECTIONS 41-27-10, 41-27-30, 41-27-150, 41-27-160, 41-27-190, 41-27-210, AS AMENDED, 41-27-230, 41-27-235, AS AMENDED, 41-27-260, AS AMENDED, 41-27-360, 41-27-370, AS AMENDED, 41-27-380, 41-27-390, 41-27-510, 41-27-550, 41-27-560, 41-27-570, 41-27-580, 41-27-600, 41-27-610, 41-27-620, 41-27-630, 41-27-670, 41-29-40, 41-29-50, 41-29-60, 41-29-70, 41-29-80, 41-29-90, 41-29-100, 41-29-110, 41-29-120, AS AMENDED, 41-29-130, 41-29-140, 41-29-150, 41-29-170, AS AMENDED, 41-29-180, 41-29-190, 41-29-200, 41-29-210, 41-29-220, 41-29-230, 41-29-240, 41-29-250, 41-29-270, 41-29-280, 41-29-290, 41-33-10, 41-33-20, 41-33-30, 41-33-40, 41-33-45, 41-33-80, AS AMENDED, 41-33-90, 41-33-100, 41-33-110, 41-33-120, 41-33-130, 41-33-170, 41-33-180, 41-33-190, 41-33-200, 41-33-210, 41-33-430, 41-33-460, 41-33-470, 41-33-610, 41-33-710, 41-35-10, 41-35-30, 41-35-100, 41-35-110, AS AMENDED, 41-35-115,


Printed Page 2686 . . . . . Tuesday, March 23, 2010

AS AMENDED, 41-35-120, AS AMENDED, 41-35-125, 41-35-126, 41-35-130, AS AMENDED, 41-35-140, 41-35-330, 41-35-340, 41-35-410, 41-35-420, AS AMENDED, 41-35-450, 41-35-610, 41-35-630, 41-35-640, AS AMENDED, 41-35-670, 41-35-680, AS AMENDED, 41-35-690, 41-35-700, 41-35-710, AS AMENDED, 41-35-720, 41-35-730, 41-35-740, 41-35-750, AS AMENDED, 41-37-20, 41-37-30, 41-39-30, 41-39-40, 41-41-20, AS AMENDED, 41-41-40, AS AMENDED, 41-41-50, 41-42-10, 41-42-20, 41-42-30, AND 41-42-40, ALL RELATING TO VARIOUS DEPARTMENT PROVISIONS, SO AS TO CONFORM THEM TO THE REPLACEMENT OF THE EMPLOYMENT SECURITY COMMISSION WITH THE DEPARTMENT OF WORKFORCE; AND TO REPEAL SECTION 41-29-260 RELATING TO THE ABILITY OF COMMISSIONERS OF THE EMPLOYMENT SECURITY COMMISSION TO FILE OPINIONS OR OFFICIAL MINUTES.

Rep. BINGHAM moved to adjourn debate on the Bill until Wednesday, March 24, which was agreed to.

H. 4607--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

H. 4607 (Word version) -- Reps. Sandifer, Huggins, Ott, Hutto, Howard, Anderson, Gambrell, Rice, Hayes, Erickson, Bedingfield, Lowe, Brady, G. A. Brown, Pinson, Bowers, Toole, Crawford, Bales, Mack, Allison, Parker, Mitchell, Long, Viers, Sellers, Sottile, Forrester, Horne, Clemmons, Simrill and Cole: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 37-2-308 SO AS TO DEFINE NECESSARY TERMS AND PROVIDE PROCEDURES THAT MUST BE FOLLOWED BY MOTOR VEHICLE DEALERS IN ADVERTISEMENTS MADE IN THE COURSE OF SOLICITING FOR THE SALE OR LEASE OF MOTOR VEHICLES; AND TO AMEND SECTION 37-6-108, AS AMENDED, RELATING TO ADMINISTRATIVE ENFORCEMENT ORDERS, SO AS TO PROVIDE PENALTIES FOR MOTOR VEHICLE DEALERS WHO VIOLATE THE PROVISIONS OF SECTION 37-2-308.

The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (COUNCIL\MS\7758AHB10), which was adopted:


Printed Page 2687 . . . . . Tuesday, March 23, 2010

Amend the bill, as and if amended, by deleting Section 37-2-308(D), page 2, lines 17 through 21, and inserting:
/ (D)   Discounts or savings on the sale or lease of a new motor vehicle indicated in an advertisement must be those that are deducted from the Manufacturer's Suggested Retail Price as stated on the Monroney sticker. An advertisement that offers a discount or savings not deducted from the manufacturer's suggested retail price on the sale or lease of a new motor vehicle must display the prediscounted price and the discounted price. No qualification such as 'with trade' or 'with down payment' may be used. /
Renumber sections to conform.
Amend title to conform.

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

Rep. SANDIFER proposed the following Amendment No. 2 (COUNCIL\AGM\19957BH10), which was adopted:
Amend the bill, as and if amended, by deleting in its entirety Section 37-6-108(F), as contained in SECTION 2, page 4, liens 16-38, and inserting:
/ (F)   Notwithstanding the other provisions of this section, a person who violates the provisions of Section 37-2-308 must be punished as follows:

(1)   for a first violation, the department shall send a written warning to the motor vehicle dealer;

(2)   for a second violation in a six-month period, the department may charge a five hundred dollar administrative penalty;

(3)   for a third violation in a six-month period, the department may charge not more than a one thousand dollar administrative penalty; and

(4)   for a fourth violation in a six-month period, the department may charge not more than a ten thousand dollar administrative penalty.

Continued violations of the provisions of Section 37-2-308 may be considered grounds for revocation, suspension, and nonrenewal of a dealer license pursuant to Section 56-15-350. For the purposes of this subsection, a violation is defined as each notice received by the dealer for an offense. Each notice received by the dealer for a related offense serves as a subsequent violation. Additionally, the department must send notices of all offenses to motor vehicle dealers who have violated the provisions of Section 37-2-308 by mail. /


Printed Page 2688 . . . . . Tuesday, March 23, 2010

Renumber sections to conform.
Amend title to conform.

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

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

S. 1147--DEBATE ADJOURNED

The following Bill was taken up:

S. 1147 (Word version) -- Senators McConnell, Rankin, Hutto, Campbell, Knotts and Alexander: A BILL TO AMEND SECTION 23-47-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITION OF TERMS ASSOCIATED WITH THE PUBLIC SAFETY COMMUNICATIONS CENTER, SO AS TO REVISE THE DEFINITION OF SEVERAL EXISTING TERMS AND TO PROVIDE DEFINITIONS FOR SEVERAL NEW TERMS; TO AMEND SECTION 23-47-20, AS AMENDED, RELATING TO 911 SYSTEM SERVICE REQUIREMENTS, SO AS TO DELETE "A CAPABILITY TO HAVE CELLULAR PHONES ROUTED TO 911" AS A SYSTEM REQUIREMENT AND TO ADD "ROUTING AND CAPABILITIES TO RECEIVE AND PROCESS CMRS SERVICE AND VOIP SERVICE CAPABLE OF MAKING 911 CALLS" AS A SYSTEM REQUIREMENT; TO AMEND SECTION 23-47-50, RELATING TO SUBSCRIBER BILLING OR 911 SERVICE, SO AS TO PROVIDE THAT FOR THE BILLING OF 911 CHARGES FOR LOCAL EXCHANGE ACCESS FACILITIES THAT ARE CAPABLE OF SIMULTANEOUSLY CARRYING FIVE OR MORE OUTGOING 911 VOICE CALLS, TO REVISE THE 911 CHARGE THAT PREPAID WIRELESS TELECOMMUNICATIONS SERVICE IS SUBJECT TO AND TO MAKE TECHNICAL CHANGES; TO AMEND SECTION 23-47-65, RELATING TO THE CMRS EMERGENCY TELEPHONE ADVISORY COMMITTEE, SO AS TO REVISE THE NAME OF THE COMMITTEE AND ITS MEMBERSHIP, TO MAKE TECHNICAL CHANGES, AND TO PROVIDE THAT THE COMMITTEE AND THE STATE BUDGET AND CONTROL BOARD ARE AUTHORIZED TO REGULATE PREPAID WIRELESS SELLERS; BY ADDING SECTION 23-47-67 SO AS TO IMPOSE A VOIP 911 CHARGE ON EACH LOCAL


Printed Page 2689 . . . . . Tuesday, March 23, 2010

EXCHANGE ACCESS FACILITY, AND TO PROVIDE FOR THE COLLECTION OF THE CHARGE AND ITS DISTRIBUTION; BY ADDING SECTION 23-47-68 SO AS TO IMPOSE A PREPAID WIRELESS 911 CHARGE, AND TO PROVIDE FOR ITS COLLECTION AND DISTRIBUTION; BY ADDING SECTION 23-47-69 SO AS TO LIMIT THE CHARGES THAT MAY BE IMPOSED FOR 911 SERVICE; AND TO AMEND SECTION 23-47-70, RELATING TO LIABILITY FOR DAMAGES THAT MAY OCCUR FROM A GOVERNMENTAL AGENCY PROVIDING 911 SERVICE, SO AS TO PROVIDE FOR LIABILITY WHEN 911 SERVICE IS PROVIDED AND WHEN IT IS NOT PROVIDED PURSUANT TO TARIFFS ON FILE WITH THE PUBLIC SERVICE COMMISSION AND TO MAKE A TECHNICAL CHANGE.

Rep. SANDIFER moved to adjourn debate on the Bill until Wednesday, March 24, which was agreed to.

H. 4503--DEBATE ADJOURNED

The following Bill was taken up:

H. 4503 (Word version) -- Reps. M. A. Pitts, R. L. Brown and Whipper: A BILL TO AMEND SECTION 44-53-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RESTRICTIONS ON THE USE, SALE, OR MANUFACTURE OF CLEANING AGENTS CONTAINING PHOSPHATES, SO AS TO ADD HOUSEHOLD DISHWASHING DETERGENT TO THE CLEANING PRODUCTS INCLUDED IN THE RESTRICTION ON PHOSPHATES.

Rep. DUNCAN moved to adjourn debate on the Bill until Wednesday, March 24, which was agreed to.

H. 4563--DEBATE ADJOURNED

The following Bill was taken up:

H. 4563 (Word version) -- Rep. Vick: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 39-25-115 SO AS TO REQUIRE THE COMMISSIONER OF THE DEPARTMENT OF AGRICULTURE TO PROMULGATE REGULATIONS RELATING TO PRESCRIBED CONDITIONS FOR THE ISSUANCE OF PERMITS FOR THE MANUFACTURING, PROCESSING, OR PACKAGING OF FOODS UNDER CERTAIN


Printed Page 2690 . . . . . Tuesday, March 23, 2010

CONDITIONS, AND TO ALLOW AN OFFICER OR EMPLOYEE OF THE COMMISSIONER TO HAVE ACCESS TO A FACTORY OR ESTABLISHMENT OWNED BY A PERMIT HOLDER TO ASCERTAIN COMPLIANCE WITH THE PERMIT CONDITIONS; BY ADDING SECTION 39-25-210 SO AS TO REQUIRE A PERSON ENGAGED IN MANUFACTURING, PROCESSING, OR PACKAGING FOODS TO FIRST OBTAIN A PERMIT FROM THE DEPARTMENT OF AGRICULTURE, TO PROVIDE FOR THE RENEWAL OF PERMITS, AND TO PROVIDE PENALTIES FOR FAILURE TO OBTAIN A PERMIT; TO AMEND SECTION 39-25-30, RELATING TO PROHIBITED ACTS, SO AS TO INCLUDE OPERATING WITHOUT A VALID PERMIT; TO AMEND SECTION 39-25-180, RELATING TO PROMULGATION OF REGULATIONS BY THE COMMISSIONER OF THE DEPARTMENT OF AGRICULTURE, SO AS TO INCLUDE REGULATIONS RELATING TO GOOD MANUFACTURING PRACTICE, THERMALLY PROCESSED LOW-ACID FOODS PACKAGED IN HERMETICALLY SEALED CONTAINERS, ACIDIFIED FOODS, FISH AND FISHERY PRODUCTS, HAZARD ANALYSIS AND CRITICAL CONTROL POINT SYSTEMS, AND FOOD ALLERGEN AND LABELING; AND TO AMEND SECTION 39-25-190, RELATING TO AUTHORITY TO ENTER AND INSPECT A PREMISES, SO AS TO PROVIDE THAT THE DEPARTMENT OF AGRICULTURE MAY PERFORM LABORATORY SERVICES, AND TO PROVIDE FOR THE PAYMENT OF FEES FOR THOSE SERVICES.

Rep. AGNEW moved to adjourn debate on the Bill until Wednesday, March 24, which was agreed to.

H. 4200--DEBATE ADJOURNED ON MOTION TO RECONSIDER

Rep. COOPER moved to adjourn debate on the motion to reconsider whereby H. 4200 (Word version) was rejected on third reading until Thursday, March 25, which was agreed to.

OBJECTION TO RECALL

Rep. HART asked unanimous consent to recall H. 4710 (Word version) from the Committee on Rules.
Rep. M. A. PITTS objected.


Printed Page 2691 . . . . . Tuesday, March 23, 2010

OBJECTION TO RECALL

Rep. BOWEN asked unanimous consent to recall H. 3132 (Word version) from the Committee on Agriculture, Natural Resources and Environmental Affairs.
Rep. HART objected.

S. 1174--RECALLED FROM COMMITTEE ON
WAYS AND MEANS

On motion of Rep. COOPER, with unanimous consent, the following Bill was ordered recalled from the Committee on Ways and Means:

S. 1174 (Word version) -- Senators Leatherman, O'Dell and Setzler: A BILL TO AMEND SECTION 12-6-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPLICATION OF THE INTERNAL REVENUE CODE TO STATE INCOME TAX LAWS, SO AS TO UPDATE THE REFERENCE TO THE INTERNAL REVENUE CODE TO THE YEAR 2009; TO ADOPT THE PROVISIONS OF PUBLIC LAW 111-126 RELATING TO THE TIMING OF DEDUCTIONS FOR CHARITABLE CONTRIBUTIONS FOR HAITI RELIEF; TO AMEND SECTION 12-6-50, AS AMENDED, RELATING TO PROVISIONS OF THE INTERNAL REVENUE CODE NOT ADOPTED BY STATE LAW, SO AS TO ADD PROVISIONS TO THOSE NOT ADOPTED; TO AMEND SECTION 12-6-3910, AS AMENDED, RELATING TO ESTIMATED STATE INCOME PAYMENTS, SO AS TO ALLOW THE DEPARTMENT OF REVENUE TO WAIVE PENALTIES ON CORPORATE TAXPAYERS WHO CALCULATE SOUTH CAROLINA ESTIMATED TAX PAYMENTS BASED ON FEDERAL ESTIMATED TAX PERIODS THAT DO NOT CONFORM TO STATE LAW; AND TO AMEND ACT 110 OF 2007 AND ACT 16 OF 2009, RELATING TO MISCELLANEOUS REVENUE PROVISIONS AND CONFORMITY OF STATE INCOME TAX LAW TO THE INTERNAL REVENUE CODE, SO AS TO DELETE OBSOLETE PROVISIONS.


Printed Page 2692 . . . . . Tuesday, March 23, 2010

H. 4347--RECALLED FROM COMMITTEE ON
WAYS AND MEANS

On motion of Rep. COOPER, with unanimous consent, the following Bill was ordered recalled from the Committee on Ways and Means:

H. 4347 (Word version) -- Reps. Cooper and White: A BILL TO AMEND SECTION 2-7-71, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAX BILLS AND REVENUE IMPACT STATEMENTS, SO AS TO PROVIDE THAT THE REVENUE IMPACT STATEMENT MUST BE SIGNED BY THE CHIEF ECONOMIST OF THE OFFICE OF RESEARCH AND STATISTICS OF THE STATE BUDGET AND CONTROL BOARD; AND TO AMEND SECTION 2-7-78, RELATING TO THE CERTIFICATION OF A REVENUE IMPACT OF A PROVISION FOR PURPOSES OF ITS INCLUSION IN THE ANNUAL GENERAL APPROPRIATIONS BILL AND CHANGES IN THE OFFICIAL REVENUE ESTIMATE, SO AS TO PROVIDE THAT THE REVENUE IMPACTS MUST BE CERTIFIED BY THE CHIEF ECONOMIST OF THE OFFICE OF RESEARCH AND STATISTICS AND THAT THE BOARD OF ECONOMIC ADVISORS SHALL ADJUST ITS ESTIMATES TO REFLECT THESE CERTIFICATIONS AND MAKE OTHER ADJUSTMENTS IT CONSIDERS NECESSARY IN THE FINAL VERSION OF THE ANNUAL GENERAL APPROPRIATIONS BILL.

H. 3418--DEBATE ADJOURNED

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

H. 3418 (Word version) -- Reps. Harrell, Simrill, Crawford, Huggins, Bedingfield, Merrill, G. R. Smith, Erickson, Ballentine, Brady, Chalk, Daning, Delleney, Frye, Gambrell, Hamilton, Harrison, Hearn, Herbkersman, Loftis, Long, Lucas, Nanney, Pinson, Rice, G. M. Smith, Spires, Stringer, Thompson, Viers, Willis, Wylie, T. R. Young, Clemmons, Owens, Parker, Toole, M. A. Pitts, Lowe, Bingham, Umphlett, Sandifer and Edge: A BILL RELATING TO REFORM OF THE SOUTH CAROLINA ELECTION LAWS BY ENACTING THE "SOUTH CAROLINA ELECTION REFORM ACT"; TO AMEND SECTION 7-13-710 OF THE 1976 CODE TO REQUIRE PHOTOGRAPH IDENTIFICATION TO VOTE, PERMITTING FOR PROVISIONAL


Printed Page 2693 . . . . . Tuesday, March 23, 2010

BALLOTS IF THE IDENTIFICATION CANNOT BE PRODUCED AND PROVIDE AN EXCEPTION FOR A RELIGIOUS OBJECTION TO BEING PHOTOGRAPHED; TO AMEND SECTION 56-1-3350 TO REQUIRE THE DEPARTMENT OF MOTOR VEHICLES TO PROVIDE FREE IDENTIFICATION CARDS UPON REQUEST; TO AMEND SECTION 7-13-25 TO PROVIDE FOR AN EARLY VOTING PERIOD BEGINNING SIXTEEN DAYS BEFORE A STATEWIDE PRIMARY OR GENERAL ELECTION AND TO PROVIDE FOR THE HOURS AND EARLY VOTING LOCATION; TO AMEND SECTION 7-3-20(C) TO REQUIRE THE EXECUTIVE DIRECTOR OF THE STATE ELECTIONS COMMISSION TO MAINTAIN IN THE MASTER FILE A SEPARATE DESIGNATION FOR ABSENTEE AND EARLY VOTERS IN A GENERAL ELECTION; TO AMEND SECTION 7-15-30 TO ADD STATUTORY CITES REGARDING THE REQUEST OF AN ABSENTEE BALLOT; TO AMEND SECTION 7-15-470 TO PROVIDE FOR EARLY VOTING ON MACHINES DURING THE EARLY VOTING PERIOD ONLY AND DELETE THE REFERENCE TO ABSENTEE VOTING; TO AMEND SECTION 7-1-25 TO LIST FACTORS TO CONSIDER FOR DOMICILE; AND TO AMEND SECTION 7-5-230 TO REFERENCE REVISIONS TO SECTION 7-1-25.

Rep. KING moved to adjourn debate upon the Senate Amendments until Wednesday, March 24, which was agreed to.

H. 3707--SENATE AMENDMENTS CONCURRED IN AND BILL ENROLLED

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

H. 3707 (Word version) -- Reps. T. R. Young, Cato, Cobb-Hunter, Toole, Ott, Cooper, Gambrell, Bowen, Agnew, McLeod, J. H. Neal, Gunn, Hayes, Stewart, Thompson, White, Duncan, D. C. Moss, H. B. Brown, Knight, Frye, Spires, Neilson, Vick, Hutto, Sellers and Rice: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 39-41-235 SO AS TO REQUIRE MOTOR FUEL TERMINALS TO OFFER FOR SALE PRODUCTS THAT ARE SUITABLE FOR SUBSEQUENT BLENDING EITHER WITH ETHANOL OR BIODIESEL; TO PROHIBIT A PERSON OR ENTITY FROM TAKING AN ACTION TO DENY A MOTOR FUEL


Printed Page 2694 . . . . . Tuesday, March 23, 2010

DISTRIBUTOR OR RETAILER FROM BEING THE BLENDER OF RECORD; TO REQUIRE MOTOR FUEL DISTRIBUTORS, RETAILERS, AND REFINERS TO UTILIZE THE RENEWABLE IDENTIFICATION NUMBER; AND TO DECLARE VIOLATIONS AN UNFAIR TRADE PRACTICE.

The yeas and nays were taken resulting as follows:

Yeas 108; Nays 0

Those who voted in the affirmative are:

Agnew                  Allen                  Allison
Anderson               Anthony                Bales
Ballentine             Bannister              Barfield
Bedingfield            Bingham                Bowen
Bowers                 Brady                  Branham
Brantley               G. A. Brown            H. B. Brown
R. L. Brown            Cato                   Chalk
Clemmons               Clyburn                Cobb-Hunter
Cole                   Cooper                 Crawford
Delleney               Dillard                Duncan
Erickson               Forrester              Frye
Funderburk             Gambrell               Gilliard
Govan                  Gunn                   Haley
Hamilton               Hardwick               Harrell
Hart                   Harvin                 Hayes
Hearn                  Herbkersman            Hiott
Hodges                 Horne                  Hosey
Huggins                Hutto                  Jefferson
Kelly                  King                   Kirsh
Knight                 Limehouse              Littlejohn
Loftis                 Long                   Lowe
Lucas                  McEachern              McLeod
Merrill                Millwood               D. C. Moss
V. S. Moss             Nanney                 J. M. Neal
Neilson                Norman                 Ott
Owens                  Parker                 Parks
Pinson                 Rice                   Rutherford
Sandifer               Scott                  Sellers
Simrill                Skelton                D. C. Smith
G. M. Smith            G. R. Smith            J. E. Smith
J. R. Smith            Sottile                Spires

Printed Page 2695 . . . . . Tuesday, March 23, 2010

Stavrinakis            Stewart                Stringer
Toole                  Umphlett               Vick
Viers                  Weeks                  White
Whitmire               Williams               Willis
Wylie                  A. D. Young            T. R. Young

Total--108

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.

H. 4551--SENATE AMENDMENTS CONCURRED IN AND BILL ENROLLED

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

H. 4551 (Word version) -- Reps. Sandifer, Thompson, Bedingfield, Hayes, Brady, Mack, Harrell, Cato, Ott, Harrison, Duncan, J. R. Smith, White, Cooper, Hutto, Horne, Cobb-Hunter, Anderson, Hodges, Harvin, Skelton, Gunn and Bales: A BILL TO AMEND SECTION 23-47-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITION OF TERMS ASSOCIATED WITH THE PUBLIC SAFETY COMMUNICATIONS CENTER, SO AS TO REVISE THE DEFINITION OF SEVERAL EXISTING TERMS AND TO PROVIDE DEFINITIONS FOR SEVERAL NEW TERMS; TO AMEND SECTION 23-47-20, AS AMENDED, RELATING TO 911 SYSTEM SERVICE REQUIREMENTS, SO AS TO DELETE "A CAPABILITY TO HAVE CELLULAR PHONES ROUTED TO 911 AS A SYSTEM REQUIREMENT AND TO ADD "ROUTING AND CAPABILITIES TO RECEIVE AND PROCESS CMRS SERVICE AND VOIP SERVICE CAPABLE OF MAKING 911 CALLS" AS A SYSTEM REQUIREMENT; TO AMEND SECTION 23-47-50, RELATING TO SUBSCRIBER BILLING OR 911 SERVICE, SO AS TO PROVIDE THAT FOR THE BILLING OF 911 CHARGES FOR LOCAL EXCHANGE ACCESS FACILITIES THAT ARE CAPABLE OF SIMULTANEOUSLY CARRYING FIVE OR MORE OUTGOING 911 VOICE CALLS, TO REVISE THE 911 CHARGE


Printed Page 2696 . . . . . Tuesday, March 23, 2010

THAT PREPAID WIRELESS TELECOMMUNICATIONS SERVICE IS SUBJECT TO AND TO MAKE TECHNICAL CHANGES; TO AMEND SECTION 23-47-65, RELATING TO THE CMRS EMERGENCY TELEPHONE ADVISORY COMMITTEE, SO AS TO REVISE THE NAME OF THE COMMITTEE AND ITS MEMBERSHIP, TO MAKE TECHNICAL CHANGES, AND TO PROVIDE THAT THE COMMITTEE AND THE STATE BUDGET AND CONTROL BOARD ARE AUTHORIZED TO REGULATE PREPAID WIRELESS SELLERS; BY ADDING SECTION 23-47-67 SO AS TO IMPOSE A VOIP 911 CHARGE ON EACH LOCAL EXCHANGE ACCESS FACILITY, AND TO PROVIDE FOR THE COLLECTION OF THE CHARGE AND ITS DISTRIBUTION; BY ADDING SECTION 23-47-68 SO AS TO IMPOSE A PREPAID WIRELESS 911 CHARGE, AND TO PROVIDE FOR ITS COLLECTION AND DISTRIBUTION; BY ADDING SECTION 23-47-69 SO AS TO LIMIT THE CHARGES THAT MAY BE IMPOSED FOR 911 SERVICE; AND TO AMEND SECTION 23-47-70, RELATING TO LIABILITY FOR DAMAGES THAT MAY OCCUR FROM A GOVERNMENTAL AGENCY PROVIDING 911 SERVICE, SO AS TO PROVIDE FOR LIABILITY WHEN 911 SERVICE IS PROVIDED AND WHEN IT IS NOT PROVIDED PURSUANT TO TARIFFS ON FILE WITH THE PUBLIC SERVICE COMMISSION AND TO MAKE A TECHNICAL CHANGE.

Rep. SANDIFER explained the Senate Amendments.

The yeas and nays were taken resulting as follows:

Yeas 103; Nays 0

Those who voted in the affirmative are:

Agnew                  Alexander              Allen
Allison                Anderson               Anthony
Bales                  Ballentine             Bannister
Barfield               Bedingfield            Bingham
Bowen                  Bowers                 Brady
Branham                Brantley               G. A. Brown
H. B. Brown            R. L. Brown            Cato
Chalk                  Clemmons               Clyburn
Cobb-Hunter            Cole                   Cooper
Daning                 Delleney               Dillard
Duncan                 Erickson               Forrester

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Frye                   Funderburk             Gambrell
Gilliard               Govan                  Gunn
Haley                  Hardwick               Harrell
Harrison               Hart                   Harvin
Hayes                  Hearn                  Herbkersman
Hiott                  Hodges                 Horne
Hosey                  Hutto                  Jefferson
Kelly                  Kirsh                  Knight
Limehouse              Littlejohn             Loftis
Long                   Lowe                   Lucas
McEachern              McLeod                 Miller
Millwood               D. C. Moss             V. S. Moss
Nanney                 J. H. Neal             J. M. Neal
Neilson                Norman                 Ott
Pinson                 M. A. Pitts            Rice
Sandifer               Scott                  Sellers
Simrill                Skelton                D. C. Smith
G. M. Smith            G. R. Smith            J. E. Smith
J. R. Smith            Spires                 Stavrinakis
Stewart                Stringer               Toole
Umphlett               Viers                  Weeks
White                  Whitmire               Williams
Willis                 Wylie                  A. D. Young
T. R. Young

Total--103

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.

RECORD FOR VOTING

I was temporarily out of the Chamber on constituent business during the vote on H. 4551. If I had been present, I would have voted to concur with the Senate Amendments.

Rep. Chip Huggins


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H. 3280--DEBATE ADJOURNED

The following Joint Resolution was taken up:

H. 3280 (Word version) -- Reps. T. R. Young, Allison, Parker, D. C. Smith, G. R. Smith, J. R. Smith, Stewart, Millwood, Horne, Funderburk, Wylie, Bedingfield, Harrell, A. D. Young, Viers, Gunn, Erickson, Clemmons and Loftis: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 7, ARTICLE VI OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE CONSTITUTIONAL OFFICERS OF THIS STATE, SO AS TO DELETE THE SUPERINTENDENT OF EDUCATION FROM THE LIST OF STATE OFFICERS WHICH THE CONSTITUTION REQUIRES TO BE ELECTED AND PROVIDE THAT THE SUPERINTENDENT OF EDUCATION MUST BE APPOINTED BY THE GOVERNOR UPON THE ADVICE AND CONSENT OF THE GENERAL ASSEMBLY FOR A TERM COTERMINOUS WITH THE GOVERNOR UPON THE EXPIRATION OF THE TERM OF THE SUPERINTENDENT OF EDUCATION SERVING IN OFFICE ON THE DATE OF THE RATIFICATION OF THIS PROVISION, AND TO PROVIDE THAT THE GENERAL ASSEMBLY SHALL PROVIDE BY LAW FOR THE DUTIES, COMPENSATION, AND QUALIFICATIONS FOR OFFICE, THE PROCEDURES BY WHICH THE APPOINTMENT IS MADE, AND THE PROCEDURES BY WHICH THE SUPERINTENDENT OF EDUCATION MAY BE REMOVED FROM OFFICE.

Rep. T. R. YOUNG moved to adjourn debate on the Joint Resolution until Wednesday, March 24, which was agreed to.

MOTION PERIOD

The motion period was dispensed with on motion of Rep. CATO.

H. 3608--DEBATE ADJOURNED

The following Bill was taken up:

H. 3608 (Word version) -- Reps. Mack, Alexander, Allen, R. L. Brown, Williams, Weeks, Whipper, Gilliard and Jefferson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-13-25 SO AS TO PROVIDE THAT THE AUTHORITY CHARGED BY LAW CONDUCTING AN ELECTION SHALL ESTABLISH EARLY VOTING CENTERS, TO ESTABLISH


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EARLY VOTING CENTERS TO ALLOW A REGISTERED COUNTY RESIDENT TO VOTE OUTSIDE THEIR PRECINCT, TO PROVIDE A PROCEDURE BY WHICH A QUALIFIED ELECTOR MAY REGISTER TO VOTE AND CAST A BALLOT DURING THE EARLY VOTING PERIOD, TO PROVIDE FOR THE ESTABLISHMENT OF EARLY VOTING LOCATIONS, AND TO REQUIRE THESE LOCATIONS AND TIMES TO BE IN COMPLIANCE WITH THE PROVISIONS OF SECTION 30-4-80.

Rep. CLEMMONS moved to adjourn debate on the Bill until Wednesday, March 24, which was agreed to.

H. 3354--DEBATE ADJOURNED

The following Bill was taken up:

H. 3354 (Word version) -- Reps. Chalk, Brantley, G. A. Brown, Clyburn, Erickson, Herbkersman and Sottile: A BILL TO AMEND SECTION 40-11-360, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM STATUTES APPLICABLE TO LICENSED CONTRACTORS, SO AS TO PROVIDE AN OWNER OF RESIDENTIAL PROPERTY WHO MAKES CERTAIN IMPROVEMENTS TO THE PROPERTY OWES TO A SUBSEQUENT OWNER OF THE PROPERTY THE SAME DUTY AS A LICENSED CONTRACTOR TO COMPLY WITH APPLICABLE BUILDING CODES AND STANDARDS.

Rep. BALES moved to adjourn debate on the Bill until Wednesday, March 24, which was agreed to.

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

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 4316 (Word version) -- Reps. R. L. Brown, Gilliard, Stavrinakis, Mack, Jefferson, Scott, Whipper and Daning: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE INTERSECTION OF UNITED STATES HIGHWAY 17 AND DAVIDSON ROAD IN CHARLESTON COUNTY "WILLIE FRAZIER, SR. INTERSECTION" AND ERECT APPROPRIATE


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MARKERS OR SIGNS AT THIS INTERSECTION THAT CONTAIN THE WORDS "WILLIE FRAZIER, SR. INTERSECTION".

H. 4613 (Word version) -- Rep. Hodges: A CONCURRENT RESOLUTION TO PROVIDE THAT THE MEMBERS OF THE GENERAL ASSEMBLY, BY THIS RESOLUTION, HEREBY RECOGNIZE THE IMPORTANCE TO SOUTH CAROLINA OF MICROENTERPRISES, DEFINED AS SMALL BUSINESSES WITH FEWER THAN FIVE EMPLOYEES, AND DESIGNATE THE MONTH OF JUNE 2011, AND THE MONTH OF JUNE EVERY YEAR THEREAFTER UNTIL JUNE 2021, AS "MICROENTERPRISE DEVELOPMENT MONTH" IN SOUTH CAROLINA.

ADJOURNMENT

At 1:03 p.m. the House, in accordance with the motion of Rep. HUGGINS, adjourned in memory of Michael Lassiter of Irmo, to meet at 10:00 a.m. tomorrow.

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