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


Printed Page 473 . . . . . Tuesday, January 18, 2011

Tuesday, January 18, 2011
(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 Ecclesiastes 7:29: "See, this alone I found, that God made human beings straightforward, but they have devised many schemes."

Let us pray. Holy God, source of love, we have been commanded that we should love one another as You love us. May the strength of God guide us this day, and may His power preserve us. Be the guide of each Representative, to make the choices which will serve our people. Grant our leaders the will, the strength, and the courage to lead us. Protect our defenders of freedom as they protect us. Heal the wounds, seen and unseen, of our brave warriors. 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.

MOTION ADOPTED

Rep. BRANTLEY moved that when the House adjourns, it adjourn in memory of Robert Bryant, Jr., of Robertville, which was agreed to.

HOUSE RESOLUTION

The following was introduced:

H. 3327 (Word version) -- Reps. Hamilton, Bedingfield, Henderson, Ballentine, Crawford, Stringer, Corbin, Lucas, Delleney and Lowe: A HOUSE RESOLUTION TO AMEND RULE 5.3 OF THE RULES OF THE HOUSE OF REPRESENTATIVES, RELATING TO GENERAL APPROPRIATIONS AND SUPPLEMENTAL APPROPRIATIONS BILLS, SO AS TO ADD THE "SEVENTY-TWO HOUR BUDGET RULE" TO ESTABLISH STRICT TIME LIMITS DURING WHICH


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VERSIONS OF APPROPRIATIONS BILLS AND REVENUE RAISING BILLS AND AMENDMENTS MUST BE PUBLICLY AVAILABLE BEFORE CONSIDERATION AND VOTES ON THESE BILLS AND TO PROVIDE THAT THESE TIME LIMITS MAY BE WAIVED BY A TWO-THIRDS VOTE.
The Resolution was ordered referred to the Committee on Rules.

HOUSE RESOLUTION

The following was introduced:

H. 3328 (Word version) -- Reps. Pinson, Parks, Pitts, 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, 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, Patrick, 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 RECOGNIZE LAUREN ANGELA KITTLES OF GREENWOOD FOR HER COURAGEOUS BATTLE AGAINST CANCER AND FOR HER SELFLESS EFFORTS IN HELPING OTHERS.

The Resolution was adopted.

INTRODUCTION OF BILLS

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

H. 3329 (Word version) -- Rep. Hayes: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAYS MISSED ON JANUARY 10, 11, AND 12, 2011, BY THE STUDENTS OF DILLON SCHOOL DISTRICTS


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1, 2, AND 3 OF DILLON COUNTY WHEN THE SCHOOLS WERE CLOSED DUE TO SNOW ARE EXEMPT FROM THE MAKE-UP REQUIREMENT THAT FULL SCHOOL DAYS MISSED DUE TO SNOW, EXTREME WEATHER, OR OTHER DISRUPTIONS BE MADE UP.
On motion of Rep. HAYES, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.

H. 3331 (Word version) -- Rep. Crosby: A BILL TO AMEND SECTION 12-37-250, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE HOMESTEAD PROPERTY TAX EXEMPTION ALLOWED PERSONS OVER THE AGE OF SIXTY-FIVE YEARS, OR DISABLED, OR LEGALLY BLIND, SO AS TO INCREASE THE EXEMPTION AMOUNT FROM THE FIRST FIFTY THOUSAND DOLLARS TO THE FIRST SEVENTY-FIVE THOUSAND DOLLARS OF THE FAIR MARKET VALUE OF THE HOMESTEAD; AND TO AMEND JOINT RESOLUTION 406 OF 2000, RELATING TO SUPPLEMENTAL APPROPRIATIONS, SO AS TO DELETE AN OBSOLETE REFERENCE TO THE HOMESTEAD EXEMPTION.
Referred to Committee on Ways and Means

H. 3332 (Word version) -- Reps. Sandifer and McLeod: A BILL TO AMEND SECTION 38-73-736, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CERTAIN REDUCTIONS IN PREMIUM CHARGES, SO AS TO PROVIDE CERTAIN DEFINITIONS, SUBJECT PREMIUM RATES CHARGED FOR LIABILITY AND COLLISION COVERAGE TO CERTAIN DRIVER TRAINING COURSE CREDITS FOR A DRIVER WHO IS NOT A YOUTHFUL OPERATOR, AND PROVIDE OTHER CONDITIONS CONCERNING THE CREDITS; TO AMEND SECTION 38-73-737, RELATING TO DRIVER TRAINING COURSE CREDITS TOWARD LIABILITY AND COLLISION INSURANCE COVERAGE, SO AS TO PROVIDE CERTAIN DEFINITIONS, SUBJECT PREMIUM RATES CHARGED FOR LIABILITY AND COLLISION COVERAGE TO CERTAIN DRIVER TRAINING COURSE CREDITS FOR A DRIVER WHO IS A YOUTHFUL OPERATOR, AND PROVIDE OTHER CONDITIONS CONCERNING THE CREDITS.
Referred to Committee on Labor, Commerce and Industry


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H. 3333 (Word version) -- Rep. Sandifer: A BILL TO AMEND SECTION 38-1-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN TITLE 38 RELATING TO THE DEPARTMENT OF INSURANCE, SO AS TO AMEND THE DEFINITION OF "ADMITTED ASSETS" TO INCLUDE THOSE ON THE MOST RECENT STATUTORY FINANCIAL STATEMENT OF THE INSURER FILED WITH THE DEPARTMENT OF INSURANCE PURSUANT TO THE PROVISIONS OF SECTION 38-13-80; TO AMEND SECTION 38-9-10, RELATING TO CAPITAL AND SURPLUS REQUIRED OF STOCK INSURERS, SO AS TO CHANGE THE MARKETABLE SECURITIES THAT MAY BE REQUIRED BY THE DIRECTOR OF INSURANCE; TO AMEND SECTION 38-9-20, RELATING TO THE SURPLUS REQUIRED OF MUTUAL INSURERS, SO AS TO CHANGE THE MARKETABLE SECURITIES WHICH MAY BE REQUIRED BY THE DIRECTOR OF INSURANCE; TO AMEND SECTION 38-9-210, RELATING TO THE REDUCTION FROM LIABILITY FOR THE REINSURANCE CEDED BY A DOMESTIC INSURER, SO AS TO CHANGE THE SECURITIES LISTED THAT QUALIFY AS SECURITY; TO AMEND SECTION 38-10-40, RELATING TO THE PROTECTED CELL ASSETS OF A PROTECTED CELL, SO AS TO CHANGE A CODE REFERENCE; TO AMEND SECTION 38-33-130, RELATING TO THE SECURITY DEPOSIT OF A HEALTH MAINTENANCE ORGANIZATION, SO AS TO DELETE THE REQUIREMENT THAT A HEALTH MAINTENANCE ORGANIZATION SHALL ISSUE A CONVERSION POLICY TO AN ENROLLEE UPON THE TERMINATION OF THE ORGANIZATION; AND TO AMEND SECTION 38-55-80, RELATING TO LOANS TO DIRECTORS OR OFFICERS BY AN INSURER, SO AS TO CHANGE A CODE REFERENCE.
Referred to Committee on Labor, Commerce and Industry

H. 3334 (Word version) -- Reps. King, Gilliard, Mitchell, Dillard, Hodges, Loftis and Williams: A BILL TO AMEND SECTION 59-1-425, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SCHOOL CALENDAR AND MAKE-UP DAYS, SO AS TO PROVIDE THAT A DISTRICT MAY NOT DESIGNATE MARTIN LUTHER KING, JR. DAY AS A POTENTIAL MAKE-UP DAY WHEN THE SCHOOLS ARE CLOSED DUE TO INCLEMENT WEATHER OR OTHER DISRUPTIONS.
Referred to Committee on Education and Public Works


Printed Page 477 . . . . . Tuesday, January 18, 2011

H. 3335 (Word version) -- Rep. King: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 8 TO CHAPTER 21, TITLE 24 SO AS TO ENACT THE "FRIENDSHIP NINE ACT", TO PROVIDE A PROCEDURE WHEREBY A PERSON WHO MAY OBTAIN A PARDON FOR A CONVICTION FOR CONDUCT RELATED TO THE PROTESTING OR CHALLENGING OF A STATE LAW, OR A COUNTY OR MUNICIPAL ORDINANCE WHOSE PURPOSE WAS TO MAINTAIN RACIAL SEGREGATION OR RACIAL DISCRIMINATION OF INDIVIDUALS.
Referred to Committee on Judiciary

H. 3340 (Word version) -- Reps. Hiott, Gambrell, Skelton, Owens and Bikas: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAYS MISSED ON JANUARY 10, 11, AND 12, 2011, BY THE STUDENTS OF THE SCHOOL DISTRICT OF PICKENS COUNTY WHEN THE SCHOOLS WERE CLOSED DUE TO SNOW ARE EXEMPT FROM THE REQUIREMENT THAT FULL SCHOOL DAYS MISSED DUE TO SNOW, EXTREME WEATHER, OR OTHER DISRUPTIONS BE MADE UP.
Referred to Pickens Delegation

H. 3341 (Word version) -- Reps. Stringer, Bedingfield, Hamilton, G. R. Smith, Bannister, Henderson and Loftis: A BILL TO AMEND SECTION 44-53-378, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFENSE OF EXPOSING A CHILD TO METHAMPHETAMINE, SO AS TO CREATE A NEW OFFENSE OF EXPOSING A CHILD TO METHAMPHETAMINE WHEN SERIOUS BODILY INJURY TO A MINOR CHILD RESULTS AND TO PROVIDE A PENALTY.
Referred to Committee on Judiciary

H. 3342 (Word version) -- Rep. Harrison: A BILL TO AMEND SECTION 56-1-286, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SUSPENSION OR DENIAL OF ISSUANCE OF A DRIVER'S LICENSE OR PERMIT TO OPERATE A MOTOR VEHICLE TO CERTAIN PERSONS WHO DRIVE A MOTOR VEHICLE WITH AN UNLAWFUL ALCOHOL CONCENTRATION, SO AS TO DELETE THE TERM "ADMINISTRATIVE HEARING" AND REPLACE IT WITH THE TERM "CONTESTED CASE HEARING", TO PROVIDE THAT A


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CONTESTED CASE HEARING MUST BE HELD BEFORE THE OFFICE OF MOTOR VEHICLE HEARINGS PURSUANT TO ITS RULES OF PROCEDURE, AND TO DELETE THE TERM "DIVISION OF MOTOR VEHICLE HEARINGS" AND REPLACE IT WITH THE TERM "OFFICE OF MOTOR VEHICLE HEARINGS"; TO AMEND SECTION 56-5-2942, AS AMENDED, RELATING TO VEHICLE IMMOBILIZATION AFTER A CONVICTION FOR DRIVING A VEHICLE UNDER THE INFLUENCE OF ALCOHOL, DRUGS, OR ANOTHER ILLEGAL SUBSTANCE, SO AS TO REVISE THE PROCEDURE WHEREBY THE DEPARTMENT OF MOTOR VEHICLES MAY RELEASE AN IMMOBILIZED VEHICLE REGISTERED TO A PERSON WHO HAS NOT BEEN CONVICTED OF DRIVING A VEHICLE UNDER THE INFLUENCE OF ALCOHOL, DRUGS, OR ANOTHER UNLAWFUL SUBSTANCE; TO AMEND SECTION 56-5-2951, AS AMENDED, RELATING TO THE SUSPENSION OF A PERSON'S DRIVER'S LICENSE OR PERMIT FOR HIS REFUSAL TO SUBMIT TO A TEST TO DETERMINE HIS LEVEL OF ALCOHOL CONCENTRATION, SO AS TO DELETE THE TERM "ADMINISTRATIVE HEARING" AND REPLACE IT WITH THE TERM "CONTESTED CASE HEARING", TO PROVIDE THAT ADMINISTRATIVE HEARINGS ARE HELD BEFORE THE OFFICE OF MOTOR VEHICLE HEARINGS AND NOT THE DEPARTMENT OF MOTOR VEHICLES, AND TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES IS RESPONSIBLE FOR SENDING A HEARING OFFICER'S DECISION TO A PERSON WHO IS ELIGIBLE TO RECEIVE A RESTRICTED LICENSE PURSUANT TO THIS SECTION; AND TO AMEND SECTION 56-5-2952, AS AMENDED, RELATING TO THE FILING FEE TO REQUEST A CONTESTED CASE HEARING BEFORE THE OFFICE OF MOTOR VEHICLE HEARINGS, SO AS TO INCREASE THE FEE, TO DELETE THE TERM "ADMINISTRATIVE LAW COURT" AND REPLACE IT WITH THE TERM "OFFICE OF MOTOR VEHICLE HEARINGS", AND REVISE THE PROCEDURE FOR DISTRIBUTING FUNDS GENERATED FROM THE COLLECTION OF THESE FEES.
Referred to Committee on Judiciary

H. 3343 (Word version) -- Reps. Agnew and Gambrell: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAYS MISSED ON JANUARY 10, 11, AND 12, 2011 BY THE STUDENTS OF


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ABBEVILLE COUNTY SCHOOL DISTRICT WHEN THE SCHOOLS WERE CLOSED DUE TO SNOW ARE EXEMPT FROM THE REQUIREMENT THAT FULL SCHOOL DAYS MISSED DUE TO SNOW, EXTREME WEATHER, OR OTHER DISRUPTIONS BE MADE UP.
Referred to Abbeville Delegation

H. 3344 (Word version) -- Reps. Brady, Erickson, Sandifer, Allison, Dillard, Henderson, Butler Garrick, Munnerlyn, Funderburk, Horne, Long and Nanney: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO ENACT THE "UNFAIR DISCRIMINATION AGAINST SUBJECTS OF ABUSE IN INSURANCE ACT" BY ADDING SECTION 38-57-115 SO AS TO PROVIDE THAT IT IS UNFAIR DISCRIMINATION FOR AN INSURER TO DENY, REFUSE TO ISSUE OR RENEW, CANCEL, RESTRICT OR EXCLUDE COVERAGE, DENY A CLAIM OR LIMIT PAYMENTS, OR ADD A PREMIUM DIFFERENTIAL TO A POLICY OR CERTIFICATE OF COVERAGE ON THE BASIS THAT AN APPLICANT OR INSURED HAS BEEN OR IS PERCEIVED TO HAVE BEEN ABUSED OR MAY BE A SUBJECT OF ABUSE AND TO PROVIDE PENALTIES, INCLUDING FINES UP TO TWO HUNDRED THOUSAND DOLLARS.
Referred to Committee on Labor, Commerce and Industry

H. 3345 (Word version) -- Reps. Brady and Sandifer: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO ENACT THE "HEALTHCARE SHARING MINISTRIES FREEDOM TO SHARE ACT" BY ADDING CHAPTER 131 TO TITLE 44 SO AS TO PROVIDE THAT A HEALTHCARE SHARING MINISTRY IS A FAITH-BASED, NONPROFIT, TAX-EXEMPT ORGANIZATION THAT ESTABLISHES CRITERIA AND PROCEDURES TO FACILITATE MATCHING PARTICIPANTS HAVING FINANCIAL OR MEDICAL NEEDS WITH OTHER PARTICIPANTS WHO ARE ABLE TO ASSIST IN MEETING THOSE NEEDS OR THAT HELPS PROVIDE FOR THE FINANCIAL OR MEDICAL NEEDS OF A PARTICIPANT THROUGH CONTRIBUTIONS OF ANOTHER PARTICIPANT AND TO FURTHER PROVIDE THAT SUCH A HEALTHCARE SHARING MINISTRY IS NOT ENGAGING IN THE BUSINESS OF INSURANCE.
Referred to Committee on Labor, Commerce and Industry


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H. 3346 (Word version) -- Reps. Loftis, Limehouse, Corbin, Ballentine, Atwater, Mitchell, Quinn, Alexander, Bannister, Horne, Norman, J. E. Smith and Henderson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-3586 SO AS TO ALLOW A STATE TAX CREDIT FOR THE INSTALLATION OF SOLAR ENERGY EQUIPMENT IN AN AMOUNT EQUAL TO THIRTY-FIVE PERCENT OF THE AMOUNTS FOR SPECIFIC INSTALLATIONS AND FOR SPECIFIC PURPOSES, TO DEFINE SOLAR ENERGY EQUIPMENT, TO PROVIDE FOR THE TIMING OF CREDITS AND THE CARRY FORWARD OF UNUSED CREDITS, TO PROVIDE THOSE TAXES AGAINST WHICH THIS CREDIT IS ALLOWED, AND TO PROHIBIT DOUBLE CREDITS.
Referred to Committee on Ways and Means

CONCURRENT RESOLUTION

The following was introduced:

H. 3330 (Word version) -- Rep. Hamilton: A CONCURRENT RESOLUTION TO REQUEST ON BEHALF OF THE SOUTH CAROLINA GENERAL ASSEMBLY THAT ALL MEMBERS OF THE UNITED STATES HOUSE OF REPRESENTATIVES AND THE UNITED STATES SENATE FROM SOUTH CAROLINA VOTE IN FAVOR OF AN AMENDMENT TO THE UNITED STATES CONSTITUTION LIMITING TO THREE THE NUMBER OF TERMS THAT A MEMBER OF THE UNITED STATES HOUSE OF REPRESENTATIVES MAY SERVE AND LIMITING TO TWO THE NUMBER OF TERMS WHICH A MEMBER OF THE UNITED STATES SENATE MAY SERVE, AND FURTHER TO SOLICIT THE SUPPORT OF THEIR OTHER COLLEAGUES IN THE CONGRESS FOR SUCH A CONSTITUTIONAL AMENDMENT.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

HOUSE RESOLUTION

The following was introduced:

H. 3336 (Word version) -- Reps. Long and Norman: A HOUSE RESOLUTION TO RECOGNIZE AND COMMEND THE NATION FORD HIGH SCHOOL "LADY FALCONS" VOLLEYBALL TEAM FOR ITS OUTSTANDING SEASON AND FOR CAPTURING THE 2010


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CLASS AAA STATE CHAMPIONSHIP TITLE, AND TO HONOR THE TEAM'S EXCEPTIONAL PLAYERS, COACHES, AND STAFF.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 3337 (Word version) -- Reps. Long and Norman: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE NATION FORD HIGH SCHOOL "LADY FALCONS" VOLLEYBALL TEAM, COACHES, AND SCHOOL OFFICIALS, AT A DATE AND TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF BEING RECOGNIZED AND COMMENDED ON WINNING THE 2010 CLASS AAA STATE CHAMPIONSHIP TITLE.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 3338 (Word version) -- Reps. Rutherford, J. E. Smith, Bales, Ballentine, Brady, Butler Garrick, Harrison, Hart, Howard, McEachern, J. H. Neal, Agnew, Alexander, Allen, Allison, Anderson, Anthony, Atwater, Bannister, Barfield, Battle, Bedingfield, Bikas, Bingham, Bowen, Bowers, Branham, Brannon, Brantley, G. A. Brown, H. B. Brown, R. L. Brown, Chumley, Clemmons, Clyburn, Cobb-Hunter, Cole, Cooper, Corbin, Crawford, Crosby, Daning, Delleney, Dillard, Edge, Erickson, Forrester, Frye, Funderburk, Gambrell, Gilliard, Govan, Hamilton, Hardwick, Harrell, Hayes, Hearn, Henderson, Herbkersman, Hiott, Hixon, Hodges, Horne, Hosey, Huggins, Jefferson, King, Knight, Limehouse, Loftis, Long, Lowe, Lucas, Mack, McCoy, McLeod, Merrill, Mitchell, D. C. Moss, V. S. Moss, Munnerlyn, Murphy, Nanney, J. M. Neal, Neilson, Norman, Ott, Owens, Parker, Parks, Patrick, Pinson, Pitts, Pope, Quinn, Ryan, Sabb, Sandifer, Sellers, Simrill, Skelton, G. M. Smith, G. R. 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 EXTEND THE


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PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE UNIVERSITY OF SOUTH CAROLINA BASEBALL 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 COLLEGE WORLD SERIES CHAMPIONSHIP TITLE.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 3339 (Word version) -- Reps. Rutherford, J. E. Smith, Bales, Ballentine, Brady, Butler Garrick, Harrison, Hart, Howard, McEachern, J. H. Neal, Agnew, Alexander, Allen, Allison, Anderson, Anthony, Atwater, Bannister, Barfield, Battle, Bedingfield, Bikas, Bingham, Bowen, Bowers, Branham, Brannon, Brantley, G. A. Brown, H. B. Brown, R. L. Brown, Chumley, Clemmons, Clyburn, Cobb-Hunter, Cole, Cooper, Corbin, Crawford, Crosby, Daning, Delleney, Dillard, Edge, Erickson, Forrester, Frye, Funderburk, Gambrell, Gilliard, Govan, Hamilton, Hardwick, Harrell, Hayes, Hearn, Henderson, Herbkersman, Hiott, Hixon, Hodges, Horne, Hosey, Huggins, Jefferson, King, Knight, Limehouse, Loftis, Long, Lowe, Lucas, Mack, McCoy, McLeod, Merrill, Mitchell, D. C. Moss, V. S. Moss, Munnerlyn, Murphy, Nanney, J. M. Neal, Neilson, Norman, Ott, Owens, Parker, Parks, Patrick, Pinson, Pitts, Pope, Quinn, Ryan, Sabb, Sandifer, Sellers, Simrill, Skelton, G. M. Smith, G. R. 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 RECOGNIZE AND HONOR THE UNIVERSITY OF SOUTH CAROLINA BASEBALL TEAM, UPON GARNERING THE 2010 COLLEGE WORLD SERIES TITLE, AND TO COMMEND THE TEAM MEMBERS, COACHES, AND SCHOOL OFFICIALS FOR A STUPENDOUS, WINNING SEASON.

The Resolution was adopted.


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ROLL CALL

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

Agnew                  Alexander              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                 Crosby                 Daning
Delleney               Dillard                Forrester
Frye                   Funderburk             Gambrell
Gilliard               Hamilton               Hardwick
Harrell                Harrison               Hart
Hayes                  Hearn                  Henderson
Hiott                  Hixon                  Hodges
Horne                  Howard                 Huggins
Jefferson              King                   Loftis
Long                   Lucas                  McCoy
McEachern              Merrill                Mitchell
D. C. Moss             V. S. Moss             Munnerlyn
Murphy                 Nanney                 J. H. Neal
J. M. Neal             Norman                 Ott
Owens                  Parker                 Parks
Patrick                Pinson                 Pitts
Pope                   Quinn                  Rutherford
Ryan                   Sabb                   Sandifer
Simrill                Skelton                G. M. Smith
G. R. Smith            J. E. Smith            J. R. Smith
Sottile                Spires                 Stavrinakis
Stringer               Tallon                 Taylor
Thayer                 Toole                  Tribble
Vick                   Weeks                  Whipper
White                  Williams               Willis
Young


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STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Tuesday, January 18.

William G. Herbkersman            C. David Umphlett
Tracy Edge                        William R. "Bill" Whitmire
Karl Allen                        Bakari Sellers
Kris Crawford                     H. B. "Chip" Limehouse
Walton McLeod                     Denny Neilson
Jerry Govan
Phillip Lowe   Lonnie Hosey
David Mack

Total Present--120

LEAVE OF ABSENCE

The SPEAKER granted Rep. KNIGHT a leave of absence for the week due to illness.

LEAVE OF ABSENCE

The SPEAKER granted Rep. ERICKSON a leave of absence for the day due to a family illness.

DOCTOR OF THE DAY

Announcement was made that Dr. Ted Watson of Anderson was the Doctor of the Day for the General Assembly.

CO-SPONSORS ADDED

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."


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CO-SPONSORS ADDED

Bill Number:   H. 3003 (Word version)
Date:   ADD:
01/18/11   HENDERSON, QUINN, CORBIN, PITTS, CHUMLEY, TALLON, PATRICK, SPIRES, POPE, J. R. SMITH, HIXON, BIKAS, TAYLOR, PINSON, YOUNG and BEDINGFIELD

CO-SPONSOR ADDED

Bill Number:   H. 3026 (Word version)
Date:   ADD:
01/18/11   HENDERSON

CO-SPONSORS ADDED

Bill Number:   H. 3241 (Word version)
Date:   ADD:
01/18/11   HENDERSON, ATWATER, LUCAS, CLEMMONS and HARRELL

CO-SPONSORS ADDED

Bill Number:   H. 3291 (Word version)
Date:   ADD:
01/18/11   CLEMMONS, VIERS, WHITMIRE, GAMBRELL, PINSON, LUCAS, G. M. SMITH, YOUNG, CRAWFORD, HUGGINS and HIXON

H. 3290--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

H. 3290 (Word version) -- Rep. Branham: A BILL TO AMEND ACT 806 OF 1952, AS AMENDED, RELATING TO ANNUAL MEETINGS OF THE SCHOOL DISTRICTS OF FLORENCE COUNTY, SO AS TO REQUIRE FLORENCE COUNTY SCHOOL DISTRICT TWO TO CALL A CITIZENS' MEETING ON THE PROPOSED DISTRICT BUDGET BEFORE JUNE THIRTIETH OF EACH YEAR AND ADDITIONAL MEETINGS AS MAY BE REQUIRED.

Rep. BRANHAM proposed the following Amendment No. 1 (COUNCIL\AGM\18305BH11), which was adopted:
Amend the bill, as and if amended, by deleting all after the enacting words and inserting:


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/ Section 1 of Act 806 of 1952, as last amended by Act 169 of 1995, is further amended to read:

"Section   1.   (A)   On or before the fifteenth day of May, 1952, and on or before the fifteenth day of April of each year thereafter, the board of trustees of each school district in Florence County, except District 4 which shall meet on the second Thursday in June, shall call a meeting of the citizens of the district, which must be held within the school district. The time and place of the meeting must be advertised in a newspaper of general circulation within the district at least once, ten days prior to the meeting. The persons entitled to vote at the meeting have power to appoint a chairman and a secretary and to adjourn the meeting from time to time until business is completed. It is the duty of the chairman of the meeting to keep a correct record of all of the proceedings and to file the same in the office of the county board of education.

(B)   In addition to the citizens' meeting provided in subsection (A), Florence County School District 2 shall call a separate meeting of the citizens of the district on the proposed district budget for the next fiscal year, which must be held before June thirtieth of each year. The citizens' meetings must be held within the school district, and the time and place of the meetings must be advertised in a newspaper of general circulation within the district at least once, ten days prior to the meetings. The chairman shall keep a correct record of all proceedings and file the records of the proceedings with the district board of trustees."
SECTION   2.   This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.

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

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

ORDERED TO THIRD READING

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

H. 3321 (Word version) -- Rep. J. R. Smith: A BILL TO AMEND ACT 1006 OF 1958, RELATING TO THE BATH WATER AND SEWER DISTRICT, THE CLEARWATER WATER AND SEWER


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DISTRICT, AND THE LANGLEY WATER AND SEWER DISTRICT IN AIKEN COUNTY AND THE ELECTION OF COMMISSIONERS FOR THESE DISTRICTS, SO AS TO PROVIDE THAT NO PERSON MAY SERVE AS A COMMISSIONER OF THESE DISTRICTS AND ALSO SERVE AS AN OFFICER OR EMPLOYEE OF THE SAME DISTRICT, AND TO REQUIRE PRESENT COMMISSIONERS IN VIOLATION OF THIS PROVISION TO MAKE A WRITTEN ELECTION AS TO WHICH POSITION WILL BE RETAINED AND WHICH POSITION BY THAT ELECTION IS BEING RESIGNED.

H. 3303 (Word version) -- Reps. J. E. Smith, Harrison, Pinson, Vick, Agnew, Williams, 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, 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, Pitts, Pope, Quinn, Rutherford, Ryan, Sabb, Sandifer, Sellers, Simrill, Skelton, G. M. Smith, G. R. Smith, J. R. Smith, Sottile, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Toole, Tribble, Umphlett, Viers, Weeks, Whipper, White, Whitmire, Willis and Young: A JOINT RESOLUTION TO PROMOTE MAJOR GENERAL STANHOPE S. SPEARS TO THE RANK OF LIEUTENANT GENERAL OF THE SOUTH CAROLINA ARMY NATIONAL GUARD EFFECTIVE JANUARY 11, 2011.

Rep. J. E. SMITH explained the Joint Resolution.

H. 3254 (Word version) -- Rep. Daning: A BILL TO AMEND SECTION 57-23-815, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ROADSIDE VEGETATION MANAGEMENT AT EXIT 199 ALONG INTERSTATE HIGHWAY 26 IN BERKELEY COUNTY, SO AS TO PROVIDE THAT BOTH THE DEPARTMENT OF TRANSPORTATION AND THE TOWN OF SUMMERVILLE MAY


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MOW BEYOND THIRTY FEET FROM THE PAVEMENT ROADSIDE VEGETATION ADJACENT TO INTERSTATE 26 AT THIS LOCATION.

Rep. DANING explained the Bill.

H. 3286--ORDERED TO THIRD READING

The following Bill was taken up:

H. 3286 (Word version) -- Rep. Bingham: A BILL TO AMEND SECTION 41-35-320, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PAYMENT OF EXTENDED UNEMPLOYMENT BENEFITS WHEN FEDERALLY FUNDED, SO AS TO CHANGE THE METHOD FOR CALCULATING CERTAIN FUNDING INDICATORS BY BASING THE CALCULATION ON ONE OR MORE THREE-MONTH PERIODS ENDING THE PRECEDING THREE CALENDAR YEARS.

Rep. BINGHAM explained the Bill.

Rep. BINGHAM demanded the yeas and nays which were taken, resulting as follows:

Yeas 101; Nays 0

Those who voted in the affirmative are:

Agnew                  Alexander              Allison
Anderson               Anthony                Atwater
Bales                  Ballentine             Bannister
Barfield               Battle                 Bedingfield
Bikas                  Bingham                Bowen
Brady                  Branham                Brannon
Brantley               G. A. Brown            H. B. Brown
Chumley                Clemmons               Cole
Cooper                 Crosby                 Daning
Delleney               Edge                   Forrester
Frye                   Gambrell               Gilliard
Hamilton               Hardwick               Harrell
Hart                   Hayes                  Hearn
Henderson              Herbkersman            Hiott
Hixon                  Horne                  Howard
Huggins                Jefferson              King

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Limehouse              Loftis                 Long
Lowe                   Lucas                  McCoy
McEachern              McLeod                 Merrill
Mitchell               D. C. Moss             V. S. Moss
Munnerlyn              Murphy                 Nanney
J. H. Neal             J. M. Neal             Norman
Ott                    Owens                  Parker
Parks                  Patrick                Pinson
Pitts                  Pope                   Quinn
Rutherford             Ryan                   Sabb
Sandifer               Simrill                Skelton
G. M. Smith            G. R. Smith            J. E. Smith
J. R. Smith            Sottile                Spires
Stringer               Tallon                 Taylor
Thayer                 Toole                  Tribble
Umphlett               Weeks                  Whipper
White                  Whitmire               Williams
Willis                 Young

Total--101

Those who voted in the negative are:

Total--0

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. 3286. If I had been present, I would have voted in favor of the Bill.

Rep. Laurie Funderburk

Rep. MUNNERLYN 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. 3326 (Word version) -- Rep. J. R. Smith: A CONCURRENT RESOLUTION TO RECOGNIZE AND REMEMBER JOE W. DEVORE OF AIKEN


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COUNTY FOR HIS MANY YEARS OF OUTSTANDING COMMUNITY SERVICE, ESPECIALLY TO AIKEN TECHNICAL COLLEGE, AND TO EXTEND THE DEEPEST SYMPATHY OF THE SOUTH CAROLINA GENERAL ASSEMBLY TO THE FAMILY AND FRIENDS OF MR. DEVORE UPON HIS RECENT PASSING.

ADJOURNMENT

At 12:31 p.m. the House, in accordance with the motion of Rep. BRANTLEY, adjourned in memory of Robert Bryant, Jr., of Robertville, to meet at 2:00 p.m. tomorrow.

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