South Carolina General Assembly
117th Session, 2007-2008
Journal of the House of Representatives

Friday, August 3, 2007
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The House assembled at 12:30 p.m.
Deliberations were opened with prayer by Rev. Charles E. Seastrunk, Jr., as follows:

Our thought for today is from 1 Peter 13: "Therefore prepare your minds for action, discipline yourselves."
Let us pray. Our gracious God, come to the aid of Your people as we assemble today for a specific purpose. Give them open minds to discern what Your will is in the response these Representatives give to fill the office before them. Guide, direct, and lead them to do right for the common good. Continue Your blessings on our Nation, President, State, Governor, Speaker, staff, and all who serve. Direct the actions and life of the one elected and keep him in Your care. Protect our defenders of freedom at home and abroad as they protect us. Hear us 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, June 29, the SPEAKER ordered it confirmed.

MOTION ADOPTED

Rep. STAVRINAKIS moved that when the House adjourns, it adjourn in memory of former Senator Robert B. Scarborough, father of Representative Wallace Scarborough, which was agreed to.

ROLL CALL

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

Agnew                  Alexander              Allen
Anderson               Anthony                Bales
Ballentine             Bannister              Barfield
Bowen                  Bowers                 Brady
Branham                Brantley               Breeland
G. Brown               R. Brown               Cato
Chalk                  Chellis                Clemmons
Clyburn                Cobb-Hunter            Coleman
Cooper                 Cotty                  Dantzler
Davenport              Delleney               Duncan
Edge                   Frye                   Funderburk
Gambrell               Govan                  Haley
Hamilton               Hardwick               Harrell
Harrison               Hart                   Harvin
Haskins                Hayes                  Herbkersman
Hinson                 Hiott                  Hodges
Hosey                  Howard                 Huggins
Jefferson              Jennings               Kelly
Kennedy                Kirsh                  Knight
Leach                  Limehouse              Littlejohn
Loftis                 Lowe                   Lucas
Mack                   Mahaffey               McLeod
Merrill                Mitchell               Moss
J. H. Neal             J. M. Neal             Neilson
Ott                    Owens                  Parks
Perry                  Pinson                 E. H. Pitts
M. A. Pitts            Rice                   Sandifer
Scarborough            Scott                  Sellers
Shoopman               Simrill                Skelton
D. C. Smith            F. N. Smith            G. M. Smith
G. R. Smith            J. R. Smith            W. D. Smith
Spires                 Stavrinakis            Stewart
Talley                 Taylor                 Thompson
Toole                  Umphlett               Walker
Weeks                  White                  Whitmire
Williams               Witherspoon

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Friday, August 3.

Thad Viers                        Jackson "Seth" Whipper

Total Present--109

LEAVE OF ABSENCE

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

LEAVE OF ABSENCE

The SPEAKER granted Rep. VICK a leave of absence for the day due to legislative responsibilities.

LEAVE OF ABSENCE

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

LEAVE OF ABSENCE

The SPEAKER granted Rep. MOODY-LAWRENCE a leave of absence for the day due to illness.

LEAVE OF ABSENCE

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

JOINT ASSEMBLY

At 1:00 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.

ELECTION OF THE STATE TREASURER
OF SOUTH CAROLINA

The Reading Clerk of the House read the following Concurrent Resolution:

H. 4279 (Word version) -- Reps. Harrell, Merrill and Ott: A CONCURRENT RESOLUTION TO PROVIDE THAT THE GENERAL ASSEMBLY SHALL STAND ADJOURNED FROM JUNE 29, 2007, UNTIL JANUARY 14, 2008, AND MAY BE CALLED INTO JOINT ASSEMBLY BY MUTUAL CONSENT OF THE PRESIDENT PRO TEMPORE OF THE SENATE AND THE SPEAKER OF THE HOUSE OF REPRESENTATIVES FOR THE SOLE PURPOSE OF CONDUCTING AN ELECTION TO FILL A VACANCY IN THE EXECUTIVE DEPARTMENT AND TO PROVIDE FOR THE CONFIRMATION OF APPOINTMENTS BY THE SENATE.

  The PRESIDENT announced that nominations were in order for the State Treasurer of South Carolina.

Rep. CATO nominated Converse A. Chellis III as follows:

Mr. President, Mr. Speaker, and Members of this Joint Assembly, it is my pleasure to rise today to place into nomination for the Office of State Treasurer, the Honorable Converse A. Chellis III. Converse has been a member of the State House of Representatives since 1996, representing Dorchester County. He has also served as chairman of that delegation.

As a member of the House he has served on the Labor, Commerce and Industry Committee, where he has chaired several sub-committees and tackled some very difficult issues. He is also Chairman of the House Rules Committee.

Converse has two children and he and his wife, Sharon, who is with us today, have been married for 41 years. He is a graduate of the Citadel and served in the United States Air Force, attaining the rank of Captain.

Converse, as we all know, is a certified public accountant. As an accountant, his experience is very diversified. He has performed tax work, consulting, accounting and auditing for both the public and private sectors. In addition:
He is a past Chairman of the Board of Accountancy
He is a past President of the Association of CPA's
He has been qualified as an expert witness in our family and circuit courts
He has also been hired by the federal courts as a member of an arbitration panel
He is a seasoned peer review captain having performed reviews on CPA firms nationwide.

We all know the duties of the State Treasurer. He handles state investments & debts, he manages a portion of the State Retirement System, he is a member of Budget and Control Board, and he is the face of our State before Wall Street. This is a perfect position for a CPA like Converse.

I have worked with Converse on numerous legislative matters. I have seen up close and personal his work ethic, his knowledge and ability to understand complex matters, his fairness and willingness to consider all viewpoints, his attention to detail, and his ethics and his integrity in all matters. Everybody knows I'm a Clemson guy, a Clemson grad. But, I'm also a Citadel guy...I just didn't attend. I don't wear the ring.

But, I'm a true believer and supporter of what the Citadel stands for. It is a unique institution...an institution that encourages the development of the whole person, an institution that emphasizes honor, integrity, ethics, and service. Cadets live by an honor code, not just while cadets, but for life. "A cadet does not lie, cheat or steal nor tolerate those who do."

I know of no one who epitomizes the Citadel and what it stands for better than Converse Chellis. Ladies and gentlemen, he has the background, he has the knowledge, he has the temperament, and he has the integrity to make a great State Treasurer. Mr. President, it is with great honor that I place into nomination for the Office of Treasurer of the State of South Carolina, the Honorable Converse A. Chellis III.

Rep. SANDIFER seconded the nomination.

Sen. Peeler nominated Greg Ryberg as follows:

Thank you Mr. President, members of the House of Representatives and members of the State Senate. I rise to nominate Greg Ryberg for Treasurer of the State of South Carolina. Senator Ryberg has proven that he wants the job. He has proven that he is qualified to serve as our Treasurer of the State of South Carolina. Senator Ryberg has enjoyed a long and successful business career that gives him both the experience and knowledge to oversee the finances and investments of our State. Senator Ryberg started his own business and grew it from the ground up. He knows the importance of fiscal responsibility and sound management and he knows the dangers of unchecked spending and runaway debt. He knows from experience how to manage a business and the Treasurer's Office is really the largest business in our State. We need someone there who knows how to get the most for our money.

Senator Ryberg knows the issues of the Treasurer's Office. Greg Ryberg has beaten the drum on the Retirement Systems for years. He talked about unfunded liabilities before we had them, because he could see them coming. He talked about the burden on the taxpayers because he knew that they would bear it. Still, he has been a long-standing advocate of guaranteeing the cost of living adjustment for retirees and pre-funding their health care so as to ensure they get what they deserve. Greg Ryberg has been one of the very few who has fought for the retirees and taxpayers at the same time. What he says today is what he has said last year and for five years before that.

Senator Ryberg is a man of unquestioned honesty, integrity and sincerity. Many in this room will disagree with Senator Ryberg on certain issues. Many in this room know that Greg Ryberg is both tenacious in his beliefs and consistent almost to a fault. With Senator Ryberg, you know exactly what you are getting from the first time that you talk to him. I can think of no better quality in someone whom we expect to represent us to the people who underwrite our financial security.

I urge you to join me and vote for Senator Ryberg today. We are fortunate to have the right man for the job here among us. So we can do our duty today and leave knowing that we have done the absolute best we could for our beloved State, South Carolina. You heard a nomination earlier and possibly more nominations after I sit down. All the people that are being nominated today are good, honest public servants, but I want to ask you personally to give Greg Ryberg your vote for the State Treasurer. He is without a doubt the most qualified from the whole field of candidates. You know in your heart that Senator Ryberg wants this job. He has proven that he wants this job. He has stood the test twice and this is the third time. I ask you to give him your vote today. Thank you.

Sen. Leventis seconded the nomination.

Sen. Courson moved that the Joint Assembly do now adjourn.

Sen. Courson demanded the yeas and nays, which were taken, resulting as follows:

The Reading Clerk of the Senate called the roll of the Senate, and the Senators voted viva voce as their names were called.

The following named Senators voted in the affirmative:

Bryant                 Campsen                Courson
Grooms                 Verdin

Total--5

The following named Senators voted in the negative:

Alexander              Anderson               Ceips
Cromer                 Elliott                Fair
Ford                   Gregory                Hawkins
Hayes                  Hutto                  Jackson
Knotts                 Land                   Leatherman
Leventis               Lourie                 Malloy
Martin                 Matthews               McConnell
McGill                 O'Dell                 Peeler
Pinckney               Rankin                 Reese
Scott                  Setzler                Sheheen
Short                  Thomas                 Vaughn
Williams

Total--34

On motion of Rep. J. M. NEAL, with unanimous consent, the members of the House voted by electronic roll call.

Those who voted in the affirmative are:

Ballentine             Duncan                 Huggins
Limehouse              E. H. Pitts            Talley

Total--6

Those who voted in the negative are:

Agnew                  Alexander              Allen
Anderson               Anthony                Bales
Bannister              Barfield               Bowen
Bowers                 Brady                  Branham
Brantley               Breeland               G. Brown
R. Brown               Cato                   Chalk
Clemmons               Clyburn                Cobb-Hunter
Coleman                Cooper                 Cotty
Dantzler               Davenport              Delleney
Edge                   Frye                   Funderburk
Gambrell               Govan                  Haley
Hamilton               Hardwick               Harrell
Harrison               Hart                   Harvin
Haskins                Hayes                  Herbkersman
Hinson                 Hiott                  Hodges
Hosey                  Howard                 Jefferson
Jennings               Kelly                  Kennedy
Kirsh                  Knight                 Leach
Littlejohn             Loftis                 Lowe
Lucas                  Mack                   Mahaffey
McLeod                 Merrill                Mitchell
Moss                   J. H. Neal             J. M. Neal
Neilson                Ott                    Owens
Parks                  Perry                  Pinson
M. A. Pitts            Rice                   Sandifer
Scarborough            Scott                  Shoopman
Simrill                Skelton                D. C. Smith
F. N. Smith            G. M. Smith            G. R. Smith
J. R. Smith            W. D. Smith            Spires
Stavrinakis            Stewart                Taylor
Thompson               Toole                  Umphlett
Viers                  Walker                 Weeks
White                  Whitmire               Williams
Witherspoon

Total--100

So, by a vote of 11-134, the Joint Assembly refused to adjourn.

Sen. Martin moved that the nominations be closed and that the Joint Assembly proceed to ballot, which was agreed to.

The Reading Clerk of the Senate called the roll of the Senate, and the Senators voted viva voce as their names were called.

The following named Senators voted for Chellis:

Alexander              Anderson               Ceips
Elliott                Ford                   Hutto
Jackson                Knotts                 Land
Leatherman             Leventis               Lourie
Malloy                 Matthews               McConnell
McGill                 O'Dell                 Pinckney
Rankin                 Reese                  Scott
Short                  Williams

Total--23

The following named Senators voted for Ryberg:

Bryant                 Campsen                Courson
Cromer                 Fair                   Gregory
Grooms                 Hawkins                Hayes
Martin                 Peeler                 Ryberg
Setzler                Sheheen                Thomas
Vaughn                 Verdin

Total--17

On motion of Rep. J. M. NEAL, with unanimous consent, the members of the House voted by electronic roll call.

The following named Representatives voted for Chellis:

Agnew                  Alexander              Allen
Anderson               Anthony                Bales
Ballentine             Bannister              Barfield
Bowen                  Bowers                 Brady
Branham                Brantley               Breeland
G. Brown               R. Brown               Cato
Chalk                  Clemmons               Cobb-Hunter
Coleman                Cooper                 Cotty
Dantzler               Davenport              Delleney
Duncan                 Edge                   Frye
Funderburk             Gambrell               Govan
Haley                  Hamilton               Hardwick
Harrell                Harrison               Hart
Harvin                 Hayes                  Herbkersman
Hinson                 Hiott                  Hodges
Hosey                  Howard                 Huggins
Jefferson              Jennings               Kelly
Kennedy                Kirsh                  Knight
Leach                  Littlejohn             Loftis
Lowe                   Lucas                  Mack
Mahaffey               McLeod                 Merrill
Mitchell               Moss                   J. H. Neal
J. M. Neal             Neilson                Ott
Owens                  Parks                  Pinson
E. H. Pitts            M. A. Pitts            Rice
Sandifer               Scarborough            Scott
Sellers                Shoopman               Simrill
Skelton                F. N. Smith            G. M. Smith
G. R. Smith            W. D. Smith            Spires
Stavrinakis            Taylor                 Thompson
Toole                  Umphlett               Viers
Walker                 Weeks                  White
Whitmire               Williams               Witherspoon

Total--99

The following named Representatives voted for Ryberg:

Clyburn                Haskins                Limehouse
Perry                  D. C. Smith            J. R. Smith
Stewart

Total--7

RECAPITULATION

Total number of Senators voting   40
Total number of Representatives voting   106
Grand Total   146
Necessary to a choice   74
Of which Chellis received   122
Of which Ryberg received   24

Whereupon, the PRESIDENT announced that Converse A. Chellis III was duly elected for the term prescribed by law.

RECORD FOR VOTING

I would like the Journal to reflect my vote for Converse A. Chellis III.

J. Seth Whipper

RESIGNATION

The following was received:

August 3, 2007
The Honorable Robert W. Harrell, Jr.
Speaker of the House of Representatives
Post Office Box 11867
Columbia, South Carolina 29211

Mr. Speaker, Clerk of the South Carolina House of Representatives, and Members of the General Assembly:

Today is a sad, but at the same time, a happy day. There is a new journey ahead for me. But, let me start with when I first arrived on campus. I remember my first day, eleven years ago, as if it were yesterday. I had no clue what was going to happen. It even felt a little like those first few days when I entered my plebe year at The Citadel. I never considered myself a cadet at that time. I did not consider myself a politician for those first few days in January, 1997. My point of origin was the business field. I was sure I could contribute.

I was blessed with an understanding family led by my wife Sharon and supported by my daughter Tiffany and son Converse IV (Con), who sacrificed more than can ever be repaid. My brothers, sister and mother were always there with their support. Unfortunately, my farther passed away a year before I was elected. But, he has been by my side. It is eerie and strange but I can feel his presence when times are trying. He was a great mentor.

I came here as a person who always remained open. My door was never closed to anyone or any side of any issue. My first campaign used the term "balanced" as a take on the CPA profession and the use of the phrase "balancing the books." And somewhere during the past three years, while working on workers' compensation reform, I added the word "fair" as they say on Fox news and truly consider myself as a "fair and balanced" person.

My very first committee assignment was on Labor, Commerce and Industry and I have been there until this day. Harry Cato, the Chairman, has been a mentor that I cannot replace. He helped me understand what the "carrot" in a Bill was and what that "carrot" looked like. I sometimes had to take off my detail hat as a CPA and look at the big picture. Get in the right forest and the trees will take care of themselves, I learned. Harry, thanks for that wonderful nomination speech. You are a statesman and I will miss you.

I can truly say that I would be proud to have any of you in my foxhole. When I began this quest to become Treasurer, each of you, from top to bottom, caucus to caucus, region to region, were there for me, even during these past few days. Your support was there and I could feel your pain. Thank you. What a humbling experience. When I reached out, you were so great and supportive, even when I occasionally got a: "I really want to, but unfortunately..." I know it hurt some of you and want you to know I did and do understand. I will always consider each of you my friend. I promise that I will do my best to warrant the confidence you have placed in me in this honorable position as Treasurer of the State of South Carolina.

As I close this chapter in my life and move to the next, I can only think how great it is to be an American. Our forefathers had it right. I want to take what I have learned during these past eleven years as a legislator, mix them with my 30 plus years in the accounting profession and transition this knowledge to the Office of Treasurer. I have the tools and talents that God gave me. Now I must put them in His hands and continue on this journey. Goodbye and God bless. I leave you with fond memories and experiences. I will miss you but I will only be a few feet away. My door is and will always be open. With this, Mr. Speaker, Clerk of the South Carolina House, and fellow Members, I now submit my resignation from South Carolina House District 94, effective immediately.

Sincerely,
Converse A. Chellis III, CPA
Received as information.

OATH OF OFFICE ADMINISTERED

Speaker HARRELL administered the Oath of Office to State Treasurer Chellis.

JOINT ASSEMBLY RECEDES

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.

THE HOUSE RESUMES

At 1:51 p.m. the House resumed, the SPEAKER in the Chair.

COMMITTEE FROM THE SENATE

Senators Martin, Ceips and Williams of a committee from the Senate informed the House that the Senate had completed its business and was ready to adjourn Sine Die.

COMMITTEE TO NOTIFY THE SENATE

The SPEAKER appointed Reps. OTT, MERRILL and BRADY of a committee to notify the Senate that the House had completed their work and was ready to adjourn Sine Die.

COMMITTEE TO NOTIFY THE GOVERNOR

The SPEAKER appointed Reps. OTT, MERRILL and BRADY of a committee to notify the Governor that the House had completed their work and was ready to adjourn Sine Die.

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

ADJOURNMENT

At 1:52 p.m. the House, in accordance with the motion of Rep. STAVRINAKIS, adjourned Sine Die, in memory of former Senator Robert B. Scarborough, father of Representative Wallace Scarborough.

***

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