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 Ezekiel 39:7: "And the nations shall know that I am the Lord."
Let us pray. God of Mercy, You call us into places where people meet one another. May Your spirit transform our encounters, turning fear into understanding and hostility into service. Make Your presence felt this week as these Representatives work for the people. Bless our Nation, President, State, Governor, Speaker, staff, and all who labor in these Halls of Government. Protect our defenders of freedom as they protect us. Heal the wounds of our brave warriors, those seen and those unseen. Hear us, O Lord, as we pray. Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.
After corrections to the Journal of the proceedings of Friday, the SPEAKER ordered it confirmed.
Rep. WEEKS moved that when the House adjourns, it adjourn in memory of Estelle Linton Ray Efferson of Sumter, which was agreed to.
Document No. 4137
Agency: Public Service Commission
Statutory Authority: 1976 Code Section 58-3-140
Customer Deposits and Deposit Retention
Received by Speaker of the House of Representatives January 24, 2011
Referred to Labor, Commerce and Industry Committee
Legislative Review Expiration May 24, 2011
The following was introduced:
H. 3763 (Word version) -- Reps. Huggins, Agnew, Alexander, Allen, Allison, Anderson, Anthony, Atwater, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bikas, Bingham, Bowen, Bowers, Brady, Branham, Brannon, Brantley, G. A. Brown, H. B. Brown, R. L. Brown, Butler Garrick, Chumley, Clemmons, Clyburn, Cobb-Hunter, Cole, Cooper, Corbin, Crawford, Crosby, Daning, Delleney, Dillard, Edge, Erickson, Forrester, Frye, Funderburk, Gambrell, Gilliard, Govan, Hamilton, Hardwick, Harrell, Harrison, Hart, Hayes, Hearn, Henderson, Herbkersman, Hiott, Hixon, Hodges, Horne, Hosey, Howard, Jefferson, King, Knight, Limehouse, Loftis, Long, Lowe, Lucas, Mack, McCoy, McEachern, McLeod, Merrill, Mitchell, D. C. Moss, V. S. Moss, Munnerlyn, Murphy, Nanney, J. H. Neal, J. M. Neal, Neilson, Norman, Ott, Owens, Parker, Parks, Patrick, Pinson, Pitts, Pope, Quinn, Rutherford, Ryan, Sabb, Sandifer, Sellers, Simrill, Skelton, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, Sottile, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Toole, Tribble, Umphlett, Vick, Viers, Weeks, Whipper, White, Whitmire, Williams, Willis and Young: A HOUSE RESOLUTION TO HONOR AND CONGRATULATE MR. AND MRS. ADDISON BOSTAIN, JR., OF LEXINGTON COUNTY UPON THE OCCASION OF THEIR SEVENTIETH WEDDING ANNIVERSARY, AND TO EXTEND BEST WISHES FOR CONTINUED BLESSING AND FULFILLMENT TOGETHER.
The Resolution was adopted.
The following was introduced:
H. 3764 (Word version) -- Rep. Bales: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION ERECT APPROPRIATE MARKERS OR SIGNS AT THE INTERSECTION OF UNIVERSAL DRIVE AND SUMTER HIGHWAY AND AT THE INTERSECTION OF UNIVERSAL DRIVE AND BURDELL DRIVE, BOTH IN RICHLAND COUNTY,
THAT CONTAIN THE WORDS "IN MEMORY OF MARY L. SHIVERS".
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 3761 (Word version) -- Reps. Jefferson, Brantley, G. A. Brown, Clyburn and Hosey: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-13-115 SO AS TO PROVIDE THAT A COMPENSATION PACKAGE OFFERED TO A SUPERINTENDENT OF A SCHOOL DISTRICT OF THIS STATE MUST TOTAL AT LEAST ONE HUNDRED FIFTY THOUSAND DOLLARS, BUT MAY NOT EXCEED ONE HUNDRED SEVENTY THOUSAND DOLLARS.
Referred to Committee on Ways and Means
H. 3762 (Word version) -- Reps. Cooper, White, Bowen, Gambrell and Thayer: A BILL TO AMEND SECTION 41-31-45, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNEMPLOYMENT INSURANCE TRUST FUND, SO AS TO PROVIDE THAT IN A YEAR IN WHICH THE FUND IS IN DEBT STATUS, THE DEPARTMENT OF EMPLOYMENT AND WORKFORCE, AMONGST OTHER ESTIMATES, MUST ESTIMATE THE AMOUNT OF INCOME NECESSARY TO REPAY ALL OUTSTANDING FEDERAL LOANS WITHIN EIGHT YEARS.
Rep. COOPER asked unanimous consent to have the Bill placed on the Calendar without reference.
Rep. OTT objected.
Referred to Committee on Ways and Means
H. 3765 (Word version) -- Rep. Sandifer: A BILL TO AMEND SECTION 20-4-80, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MAILING OR SERVICE OF AN ORDER OF PROTECTION FROM DOMESTIC ABUSE, SO AS TO REQUIRE SERVICE OF AN ORDER OF PROTECTION ON A RESPONDENT WITHIN FORTY-EIGHT HOURS OF ITS ISSUANCE.
Referred to Committee on Judiciary
H. 3766 (Word version) -- Reps. J. M. Neal and Long: A BILL TO AMEND SECTION 16-1-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LIST OF CRIMES DEFINED AS VIOLENT, SO AS TO ADD THE CRIME OF DISCHARGING A FIREARM INTO A DWELLING HOUSE, OTHER BUILDING, STRUCTURE, OR ENCLOSURE REGULARLY OCCUPIED BY PERSONS TO THE DELINEATED LIST OF VIOLENT CRIMES.
Referred to Committee on Judiciary
H. 3767 (Word version) -- Reps. Herbkersman and Bowers: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 14 TO CHAPTER 7, TITLE 14 SO AS TO ENACT THE "SPECIAL INVESTIGATIVE GRAND JURIES ACT" TO AUTHORIZE CIRCUIT SOLICITORS TO APPLY FOR AN ORDER CONVENING A CIRCUIT-WIDE SPECIAL INVESTIGATIVE GRAND JURY UNDER CERTAIN CIRCUMSTANCES, TO PROVIDE FOR THE EMPANELMENT OF THE SPECIAL INVESTIGATIVE GRAND JURY, AND TO PROVIDE THE POWERS OF THE CIRCUIT SOLICITOR WHEN THE SPECIAL INVESTIGATIVE GRAND JURY IS CONVENED.
Referred to Committee on Judiciary
H. 3768 (Word version) -- Reps. McCoy, Stavrinakis, Gilliard, Sottile, Thayer, Quinn, Brannon, Patrick, Hayes, Agnew, Murphy, Atwater, Sellers, H. B. Brown, Hamilton, Hixon, Limehouse, Mack and Tallon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-63-95 SO AS TO REQUIRE THE DEPARTMENT OF EDUCATION TO DEVELOP AND DISTRIBUTE MODEL POLICIES CONCERNING THE NATURE AND RISK OF CONCUSSIONS SUSTAINED BY STUDENT ATHLETES, TO REQUIRE EACH LOCAL SCHOOL DISTRICT TO DEVELOP ITS OWN POLICY, TO REQUIRE THE REVIEW OF THE POLICY BY STUDENT ATHLETES AND THEIR PARENTS OR GUARDIANS, TO REQUIRE THE REMOVAL FROM PLAY AND MEDICAL EVALUATION OF A STUDENT ATHLETE BELIEVED TO HAVE SUSTAINED A CONCUSSION DURING PLAY, TO ALLOW FOR THE EVALUATION TO BE UNDERTAKEN BY A VOLUNTEER HEALTH CARE PROVIDER, AND TO PROVIDE THAT LOCAL SCHOOL DISTRICTS ARE NOT REQUIRED TO ENFORCE THE PROVISIONS OF THIS SECTION.
Referred to Committee on Education and Public Works
H. 3769 (Word version) -- Reps. J. M. Neal and Long: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ENACT "JAYDEN'S LAW" BY ADDING SECTION 16-23-510 SO AS TO CREATE THE FELONY OFFENSE OF ILLEGAL POSSESSION OF FIREARM DURING THE COMMISSION OF CERTAIN OTHER OFFENSES CAUSING BODILY INJURY TO ANOTHER PERSON, TO PROVIDE A PENALTY, AND TO PROVIDE FOR CONFISCATION OF THE ILLEGALLY POSSESSED FIREARM.
Referred to Committee on Judiciary
S. 337 (Word version) -- Senator Coleman: A BILL TO AMEND ACT 525 OF 1982, AS AMENDED, RELATING TO THE ELECTION OF MEMBERS OF THE CHESTER COUNTY COUNCIL AND THE CHESTER COUNTY SCHOOL BOARD OF TRUSTEES, SO AS TO REVISE THE DATE BY WHICH A PERSON SHALL FILE A STATEMENT OF CANDIDACY IN ORDER TO RUN FOR A SEAT ON THE CHESTER COUNTY SCHOOL BOARD OF TRUSTEES.
On motion of Rep. DELLENEY, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
The roll call of the House of Representatives was taken resulting as follows:
Alexander Allen Allison Anderson Anthony Atwater Bales Ballentine Bannister Barfield Battle Bedingfield Bikas Bingham Bowen Bowers Brady Branham Brannon Brantley H. B. Brown R. L. Brown Butler Garrick Chumley Clemmons Clyburn Cobb-Hunter Cole Cooper Corbin Crawford Crosby Daning Delleney Dillard Edge Erickson Forrester Frye Funderburk Gambrell Gilliard Govan Hardwick Harrell Harrison Hart Hayes Henderson Herbkersman Hiott Hixon Hodges Hosey Howard Huggins Jefferson King Knight Loftis Long Lucas Mack McCoy McEachern McLeod Merrill V. S. Moss Munnerlyn Murphy Nanney J. H. Neal Norman Ott Owens Parker Parks Patrick Pinson Pitts Pope Rutherford Ryan Sabb Sandifer Simrill Skelton G. M. Smith G. R. Smith J. R. Smith Sottile Spires Stavrinakis Stringer Tallon Taylor Thayer Toole Tribble Viers Weeks White Williams Young
I came in after the roll call and was present for the Session on Tuesday, March 1.
Paul Agnew James Neal Phillip Lowe Denny Neilson Dennis Moss Dan Hamilton Jackson "Seth" Whipper William R. "Bill" Whitmire George M. Hearn Grady Brown Richard "Rick" Quinn H. B. "Chip" Limehouse Ted Vick Harold Mitchell
The SPEAKER granted Rep. J. E. SMITH a leave of absence for the day due to military service.
The SPEAKER granted Rep. WILLIS a leave of absence for the day due to a meeting in his district.
The SPEAKER granted Rep. UMPHLETT a leave of absence for the day due to medical reasons.
Rep. PITTS 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, February 24.
Announcement was made that Dr. March Seabrook of West Columbia was the Doctor of the Day for the General Assembly.
In accordance with House Rule 5.2 below:
"5.2 Every bill before presentation shall have its title endorsed; every report, its title at length; every petition, memorial, or other paper, its prayer or substance; and, in every instance, the name of the member presenting any paper shall be endorsed and the papers shall be presented by the member to the Speaker at the desk. A member may add his name to a bill or resolution or a co-sponsor of a bill or resolution may remove his name at any time prior to the bill or resolution receiving passage on second reading. The member or co-sponsor shall notify the Clerk of the House in writing of his desire to have his name added or removed from the bill or resolution. The Clerk of the House shall print the member's or co-sponsor's written notification in the House Journal. The removal or addition of a name does not apply to a bill or resolution sponsored by a committee."
Bill Number: H. 3012 (Word version)
Bill Number: H. 3066 (Word version)
03/01/11 ATWATER and BEDINGFIELD
Bill Number: H. 3070 (Word version)
03/01/11 BEDINGFIELD, HENDERSON and D. C. MOSS
Bill Number: H. 3403 (Word version)
03/01/11 STRINGER, NANNEY, HAMILTON and OWENS
Bill Number: H. 3152 (Word version)
Bill Number: H. 3297 (Word version)
Bill Number: H. 3408 (Word version)
03/01/11 SANDIFER, STRINGER, NANNEY, HAMILTON and OWENS
Bill Number: H. 3410 (Word version)
Bill Number: H. 3675 (Word version)
Bill Number: H. 3713 (Word version)
03/01/11 RYAN, HAMILTON, STRINGER, G. R. SMITH and BEDINGFIELD
Bill Number: H. 3738 (Word version)
03/01/11 KING and ANDERSON
Bill Number: H. 3713 (Word version)
At 12:30 p.m. the Senate appeared in the Hall of the House. The President of the Senate called the Joint Assembly to order and announced that it had convened under the terms of a Concurrent Resolution adopted by both Houses.
The Reading Clerk of the House read the following Concurrent Resolution:
S. 343 (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, Nicholson, O'Dell, Peeler, Pinckney, Rankin, Reese, Rose, Ryberg, Scott, Setzler, Sheheen, Shoopman, Thomas, Verdin and Williams: A CONCURRENT RESOLUTION TO INVITE THE NATIONAL COMMANDER OF THE AMERICAN LEGION, THE HONORABLE JIMMIE FOSTER, TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION IN THE CHAMBER OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES AT 12:30 P.M. ON TUESDAY, MARCH 1, 2011.
The Honorable Jimmie Foster and distinguished party were escorted to the rostrum by Senators Peeler, Alexander and Campbell and REPRESENTATIVES BUTLER GARRICK, TALLON and PATRICK.
The Lieutenant Governor recognized our special guests and then introduced Mr. Jimmie Foster, the National Commander of the American Legion as follows:
Greetings, Lt. Governor Ard. Thank you for that wonderful introduction...I do appreciate your kind words.
I'm glad to be here and I thank you for the opportunity to speak to you today. Before I begin, please allow me to take a moment to introduce members of The American Legion family who are with me today.
First, it's a real pleasure that we have with us the head of the nation's largest patriotic women's organization - from Pasadena, Texas: - the American Legion Auxiliary National President Carlene Ashworth. Next is the Commander of the South Carolina American Legion, Cecil Phillips from Rock Hill, the National Executive Committeeman for the Department of South Carolina, Billy Bell from Camden, alternate NEC Man John Palmer from Mountain Rest, Department Adjutant Jimmy Hawk of Irmo, my aide and fellow Alaskan, Jim Van Horn of Ketchikan, Auxiliary Department of South Carolina President Betty McMorrow from Little River, Auxiliary NEC Woman Brenda Collins from Greenville, alternate NEC Woman Dot Tunstall from Lexington, Department Auxiliary Secretary Louise Winesett from Columbia, and the Commander of the South Carolina Detachment of the Sons of The American Legion, Andy Hornbuckle from Little River. We also have with us the Interim Director of The American Legion Riders of South Carolina, Grady Richardson of Hemmingway.
On behalf of the 2.4 million Legionnaires around the world and the nearly 200 Legion posts throughout the State of South Carolina, I want to thank each of you for what you do for our men and women who serve in our military and our veterans from past wars.
I would also like to acknowledge the fine work of the two men designated by the Department of South Carolina as the Outstanding Members of the Legislature for 2011. State Senator Harvey Peeler and Representative Gary Simrill. We appreciate all that you do on behalf of veterans.
Ladies and gentlemen of this great body, symbols matter. And that is why I was delighted to learn that this Legislature is considering a law that would allow for the inclusion of one's military veteran status on South Carolina driver's licenses.
States already do this for organ donors. We call organ donations "the gift of life" and that is exactly what these transplants provide for countless people.
But veterans also provide the gift of life - the American way of life. History indicates that without the sacrifices made by our veterans, America would probably be living under fascist, communist or some other totalitarian rule.
Not only have veterans made our way of life possible, many have given us their lives. Men like Lance Corporal William H. Crouse IV, who played high school football for the Clinton Red Devils right here in South Carolina.
On December 21, 2010, the 22-year-old Marine and his bomb-sniffing dog, "Cane", were on patrol in Afghanistan's Helmand Province when they struck an Improvised Explosive Device. Still alive when the medical helicopter arrived, Lance Corporal Crouse asked that Cane be put in the helicopter so that he could be saved.
Unfortunately, neither survived. These stories of heroism and sacrifice performed by South Carolinians are repeated again and again, whenever America puts troops in harm's way.
Webster Anderson, a proud native of Winnsboro, earned the nation's highest military award, the Medal of Honor, for his actions in Vietnam. After receiving serious wounds from enemy grenades, he refused medical evacuation while he continued to lead artillery fire against enemy soldiers attempting to overrun his position.
While he survived the war, the battle cost him both legs and part of an arm. Retiring as an Army Sergeant First Class, Webster passed away in 2003. With his departure, the United States, and indeed, South Carolina, lost a true hero.
More than 40,000 U.S. military personnel have been wounded in Iraq and Afghanistan since hostilities began. Seventy-eight brave men and women from South Carolina have lost their lives in the current wars.
These stories are important to tell. Not only to educate young people, but as a reminder to all of us that freedom isn't free.
Economic times are tough. Governments face large deficits, revenues are down and nobody likes tax increases. But when you hear someone complain about the cost of a veterans program, remind them of the cost of being a veteran.
It has come up that exempting veterans from budget cuts in South Carolina will adversely affect programs intended for children. This is a false choice. Veterans have already made great sacrifice. The American Legion does not offer expertise in some of your other nonveterans-related programs, but it seems to us that if other programs truly have merit, you should be able to find funding without shortchanging or blaming veterans.
It is veterans, after all, who have made such budgetary debates possible. Your State has one of the largest per capita veteran populations in the country. We must remember their sacrifice and we must remember their families.
Nationally, unemployment and homelessness are higher among veterans. Our VA system faces enormous challenges, as veterans return with devastating traumatic brain injuries, severe burns and missing limbs.
Suicide rates among the military services remain unacceptably high and Post Traumatic Stress continues to haunt the dreams and daily existence of many of our returning heroes.
We owe it to our veterans to serve them as well as they have served us. Just yesterday I toured Fort Jackson, and the outstanding caliber of these men and women never ceases to amaze me. As one who has spent a career in the military, I should not be surprised, but I encourage all members of this body - indeed, all citizens of our great country - to connect with or get to know some member of our military and their family. Less than 10 percent of our society has served in the military, but it's time the other 90 percent gain a better understanding of the sacrifices being made in their name.
Finally, I would like for us all to remember the passing of another great American. Frank W. Buckles, of West Virginia, was the last known American World War I veteran. His death on Sunday, at age 110, marks the end of a generation that not only preserved freedom for countless souls, but gave birth to the organization that he was long a member of, The American Legion.
We must remember Buckles, all those who came before him, and those who will die for future generations of freedom.
President Calvin Coolidge once said, "The nation which forgets its defenders will be itself forgotten." The American Legion is determined to keep that from happening.
Again, I thank you for all that you do for God and country.
Upon conclusion of his address, the National Commander and his escort party retired from the Chamber.
The purposes of the Joint Assembly having been accomplished, the PRESIDENT announced that under the terms of the Concurrent Resolution the Joint Assembly would recede from business.
The Senate accordingly retired to its Chamber.
At 12:50 p.m. the House resumed, the SPEAKER in the Chair.
Rep. PATRICK moved that the House do now adjourn, which was agreed to.
The Senate returned to the House with concurrence the following:
H. 3746 (Word version) -- Reps. Bales, Agnew, Alexander, Allen, Allison, Anderson, Anthony, Atwater, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bikas, Bingham, Bowen, Bowers, Brady, Branham, Brannon, Brantley, G. A. Brown, H. B. Brown, R. L. Brown, Butler Garrick, Chumley, Clemmons, Clyburn, Cobb-Hunter, Cole, Cooper, Corbin, Crawford, Crosby, Daning, Delleney, Dillard, Edge, Erickson, Forrester, Frye, Funderburk, Gambrell, Gilliard, Govan, Hamilton, Hardwick, Harrell, Harrison, Hart, Hayes, Hearn, Henderson, Herbkersman, Hiott, Hixon, Hodges, Horne, Hosey, Howard, Huggins, Jefferson, King, Knight, Limehouse, Loftis, Long, Lowe, Lucas, Mack, McCoy, McEachern, McLeod, Merrill, Mitchell, D. C. Moss, V. S. Moss, Munnerlyn, Murphy, Nanney, J. H. Neal, J. M. Neal, Neilson, Norman, Ott, Owens, Parker, Parks, Patrick, Pinson, Pitts, Pope, Quinn, Rutherford, Ryan, Sabb, Sandifer, Sellers, Simrill, Skelton, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, Sottile, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Toole, Tribble, Umphlett, Vick, Viers, Weeks, Whipper, White, Whitmire, Williams, Willis and Young: A CONCURRENT RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE SOUTH CAROLINA GENERAL ASSEMBLY UPON THE PASSING OF MARY L. SHIVERS OF RICHLAND COUNTY AND TO EXTEND THE DEEPEST SYMPATHY TO HER FAMILY AND MANY FRIENDS.
H. 3514 (Word version) -- Rep. Harrison: A CONCURRENT RESOLUTION TO INVITE THE CHIEF JUSTICE OF THE SOUTH CAROLINA SUPREME COURT, THE HONORABLE JEAN HOEFER TOAL, TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION ON THE STATE OF THE JUDICIARY AT 12:00 NOON ON WEDNESDAY, MARCH 2, 2011.
At 12:54 p.m. the House, in accordance with the motion of Rep. WEEKS, adjourned in memory of Estelle Linton Ray Efferson of Sumter, to meet at 10:00 a.m. tomorrow.
This web page was last updated on Friday, November 18, 2011 at 4:42 P.M.