TUESDAY, JANUARY 9, 2007
Indicates Matter Stricken
Indicates New Matter
The House assembled at 12:00 noon.
Deliberations were opened with prayer by Rev. Charles E. Seastrunk, Jr., as follows:
Our thought for today is from Psalm 36:5: “Your steadfast love, O Lord, extends to the heavens, your faithfulness to the clouds.”
Let us pray. Almighty God our Creator, You have called these men and women to a service of great responsibility. Permeate their lives with Your spirit, that they may serve the people of this State with dignity, courage, integrity and a constant feeling that You are always present to guide and sustain them. Help us to believe this. Encourage these Representatives to concentrate on those things which will serve the people best. Open their hearts and minds to be the best they can. Bless our Nation, President, State, Governor, Speaker and all who serve in this hallowed place. Protect our defenders of freedom 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.
MOTION ADOPTED
Rep. J.E.SMITH moved that when the House adjourns, it adjourn in memory of Stephen Bates, former employee of the Speaker's Office, the Governor's Office and a former Administrative Law Judge, which was agreed to.
COMMUNICATION
The following was received:
STATE OF SOUTH CAROLINA
OFFICE OF THE SECRETARY OF STATE
January 8, 2007
House of Representatives
Mr. Charles F. Reid
Clerk of the House
Post Office Box 11867
Columbia, SC 29211
Dear Mr. Reid:
The State Election Commission has certified to this office that the Honorable Dennis Carroll Moss received the greatest number of votes cast for the House of Representatives, House District # 29, in a special election held in Cherokee, Chester and York Counties on November 16, 2006.
Honorable Dennis Carroll Moss is hereby certified as the duly and properly elected member of the House of Representatives, House District # 29.
Sincerely,
/s/Mark Hammond
Secretary of State
Received as information.
MEMBER-ELECT SWORN IN
Mr. Dennis Carroll Moss, Member-elect from District No. 29 presented his credentials and the oath of office was administered to him by the SPEAKER.
MEMBER-ELECT SWORN IN
Mr. Chip Huggins, Member-elect from District No. 85 presented his credentials and the oath of office was administered to him by the SPEAKER.
REPORT RECEIVED
The following was received:
TO: The Honorable Glenn F. McConnell
President Pro Tempore of the Senate
The Honorable Robert W. “Bobby” Harrell
Speaker of the House of Representatives
FROM: Senator Dick Elliott
Representative William F. “Bill” Cotty
SUBJECT: Liquor Distribution and Delivery Study Committee Report
DATE: January 9, 2007
Pursuant to Section 24 of Act No. 139 of 2005, the Liquor Distribution and Delivery Study Committee submits its report and requests that it be printed in the House and Senate Journals. Thank you for your consideration in this matter.
LIQUOR DISTRIBUTION AND
DELIVERY STUDY COMMITTEE REPORT
The Liquor Distribution and Delivery Study Committee, which was established by Section 24 of Act No. 139 of 2005, had six (6) members, three (3) appointed by the President Pro Tempore of the Senate and three (3) by the Speaker of the House of Representatives. The members of the study committee were Senator Dick Elliott (Dillon, Horry, Marion, Marlboro), Chairman; Senator John M. “Jake” Knotts, Jr. (Lexington); Senator Vincent A. Sheheen (Chesterfield, Kershaw, Lancaster); Representative William F. “Bill” Cotty (Richland, Kershaw), Vice-Chairman; Representative Herb Kirsh (York); and Representative Robert S. “Skipper” Perry (Aiken).
The study committee's task was to examine the delivery and distribution of alcoholic liquors by licensed retail dealers with a wholesaler’s basic permit issued pursuant to the Federal Alcohol Administration Act and issue a report on its findings. The purpose of this report is to enable the General Assembly to consider the findings of the study committee and to determine if the findings should be adopted and if state laws should be amended.
On Thursday, September 21, 2006, at 1:00 p.m., in Room 105 of the Gressette Building in Columbia, South Carolina, the study committee met to handle organizational matters and hear testimony from various entities concerning the distribution and delivery of alcoholic liquor to restaurants and bars.
Information received by the study committee indicated that at this time no action needed to be taken concerning the delivery and distribution of alcoholic liquors by licensed retail dealers with a wholesaler’s basic permit issued pursuant to the Federal Alcohol Administration Act. On November 16, 2006, at 1:00 p.m., in Room 209 of the Gressette Building in Columbia, South Carolina, the study committee met. Upon a motion made by Senator Sheheen and seconded by Senator Knotts, the study committee agreed by a vote of 5 to 1 to adopt a report that no action was needed (with Senator Elliott, Senator Knotts, Senator Sheheen, Representative Cotty, and Representative Perry voting in favor of the motion and Representative Kirsh voting against the motion). Representative Kirsh requested that his objections to the motion be placed in the report. His reasons for voting against the motion were the following: (1) the study committee did not follow the proviso to develop some changes in the mini-bottle law, and (2) the restaurants and bars should be able to purchase any sized liquor bottle from a wholesaler. This report was then drafted and circulated to the members for their signatures.
Respectfully submitted:
Senator Dick Elliott (Dillon, Horry, Marion, Marlboro), Chairman
Representative William F. “Bill” Cotty (Richland, Kershaw), Vice-Chairman
Senator John M. “Jake” Knotts, Jr. (Lexington)
Senator Vincent A. Sheheen (Chesterfield, Kershaw, Lancaster)
Representative Herb Kirsh (York)
Representative Robert S. “Skipper” Perry (Aiken)
Received as information.
HOUSE TO MEET AT 10:30 A.M. TOMORROW
Rep. THOMPSON moved that when the House adjourns it adjourn to meet at 10:30 a.m. tomorrow, which was agreed to.
R. 456, H. 5217--ORDERED PRINTED IN THE JOURNAL
The SPEAKER ordered the following Veto printed in the Journal:
September 29, 2007
The Honorable Robert W. Harrell, Jr.
Speaker of the House of Representatives
Post Office Box 11867
Columbia, South Carolina 29211
Dear Mr. Speaker and Members of the House:
This letter is written to inform you that today I am vetoing and returning H. 5217, R. 456, an Act:
TO PROVIDE THAT A GOLF CART MAY BE OPERATED ALONG CERTAIN PRIMARY HIGHWAYS IN RICHLAND COUNTY WITHIN A ONEHALFMILE RADIUS OF A SPORTING EVENT DURING CERTAIN HOURS, AND TO PROVIDE THAT DURING NIGHTTIME HOURS, THE GOLF CART MUST BE OPERATED WITH WORKING HEADLIGHTS AND TAIL LIGHTS.
This veto is based on my belief that this Bill is unconstitutional special legislation. H. 5217, R. 456 would make it legal to operate a golf cart along certain primary highways in Richland County within a one-half mile radius of a sporting event for a period of three hours before the event commences to one hour after the event ends. As such, H. 5217, R. 456 affects only Richland County and is, therefore, clearly an Act for a specific county. Such Acts are in violation of Article III, Section 34 of the South Carolina Constitution, which provides that “where a general law can be made applicable, no special law shall be enacted.” Acts similar to H. 5217, R. 456 have been struck down by the South Carolina Supreme Court as violative of Article III, Section 34.
For this reason, I am returning H. 5217, R. 456 to you without my signature.
Sincerely,
Mark Sanford
Governor
Received as information.
INVITATIONS
On motion of Rep. LEACH, with unanimous consent, the following were taken up for immediate consideration and accepted:
January 2, 2007
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Chairman Leach:
On behalf of the South Carolina Governor’s School for Science and Mathematics and South Carolina Governor’s School for the Arts and Humanities, the Members, spouses and staff of the House of Representatives are invited to a breakfast. This event will be held on Thursday, February 1, 2007, from 8:00 a.m. until 10:00 a.m. in Room 221 of the Blatt Building.
Sincerely,
Kim Bowman
Executive Director
January 2, 2007
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Chairman Leach:
On behalf of the South Carolina Arts Alliance, the Members of the House of Representatives are invited to a luncheon. This event will be held on Tuesday, February 6, 2007, from 1:00 p.m. until 2:30 p.m. at the Capital City Club.
Sincerely,
Betty J. Plumb
Executive Director
January 2, 2007
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Chairman Leach:
On behalf of the South Carolina Supreme Court Justices, the Court of Appeals, the Circuit Court Judges, the Family Court Judges and the Masters-In-Equity of South Carolina, the Members of the House of Representatives are invited to an “Old Fashioned Barbecue”. This event will be held on Tuesday, February 6, 2007, from 6:00 p.m. until 8:00 p.m. at the National Guard Armory.
Sincerely,
Judge Paul M. Burch
January 2, 2007
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Chairman Leach:
On behalf of the South Carolina Association of Realtors, the Members of the House of Representatives are invited to a reception and dinner. This event will be held on Tuesday, February 6, 2007, from 8:00 p.m. until 10:00 p.m. at the Columbia Marriott Hotel.
Sincerely,
Nick Kremydas
Chief Executive Officer
January 2, 2007
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Chairman Leach:
On behalf of the March of Dimes, South Carolina Chapter, the Members and staff of the House of Representatives are invited to a breakfast. This event will be held on Wednesday, February 7, 2007, from 8:00 a.m. until 10:00 a.m. in Room 221 of the Blatt Building.
Sincerely,
Holly Hayes
January 2, 2007
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Chairman Leach:
On behalf of the American Heart Association, the Members of the House of Representatives are invited to a luncheon. This event will be held on Wednesday, February 7, 2007, at 12:00 noon or upon adjournment at the Capital City Club.
Sincerely,
Lisa P. Turner
Director of Advocacy
January 2, 2007
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Chairman Leach:
On behalf of the South Carolina Mortgage Brokers Association, the Members and staff of the House of Representatives are invited to a reception. This event will be held on Wednesday, February 7, 2007, from 6:00 p.m. until 8:00 p.m. at the Back Porch Café.
Sincerely,
Kirk Amerson
President
January 2, 2007
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Chairman Leach:
On behalf of the Wil Lou Gray Opportunity School, the Members of the House of Representatives are invited to a breakfast. This event will be held on Thursday, February 8, 2007, from 8:00 a.m. until 10:00 a.m. in Room 221 of the Blatt Building.
Sincerely,
Pat G. Smith
Director
January 2, 2007
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Chairman Leach:
On behalf of the South Carolina Association of Probate Judges, the Members of the House of Representatives are invited to a breakfast. This event will be held on Tuesday, February 13, 2007, from 6:00 p.m. until 9:00 p.m. at the Clarion Town House Hotel.
Sincerely,
Ponda A. Caldwell
Second Vice President
January 2, 2007
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Chairman Leach:
On behalf of the South Carolina School Counselor Association, the Members and staff of the House of Representatives are invited to a breakfast. This event will be held on Wednesday, February 14, 2007, from 8:00 a.m. until 10:00 a.m. in Room 221 of the Blatt Building.
Sincerely,
Carolyn Haley
Secretary
January 2, 2007
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Chairman Leach:
On behalf of the South Carolina Dietary Managers Association, the Members and staff of the House of Representatives are invited to a luncheon. This event will be held on Wednesday, February 14, 2007, upon adjournment in Room 221 of the Blatt Building.
Sincerely,
Billie Jackson, CDM, CFPP
SCDMA State Spokesperson
January 2, 2007
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Chairman Leach:
On behalf of the South Carolina Credit Union League, the Members of the House of Representatives are invited to a reception. This event will be held on Wednesday, February 14, 2007, from 6:30 p.m. until 8:00 p.m. at Seawell’s.
Sincerely,
Garry L. Parks
President/CEO
January 2, 2007
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Chairman Leach:
On behalf of the Transportation Association of South Carolina, the Members and staff of the House of Representatives are invited to a reception. This event will be held on Wednesday, February 14, 2007, beginning at 8:00 p.m. at Seawell’s.
Sincerely,
Baylen T. Moore
January 2, 2007
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Chairman Leach:
On behalf of the South Carolina Nursery and Landscape Association, the Members of the House of Representatives are invited to a breakfast. This event will be held on Thursday, February 15, 2007, from 8:00 a.m. until 9:30 a.m. in Room 221 of the Blatt Building.
Sincerely,
Donna Foster
Executive Director, SCNLA
January 2, 2007
The Honorable Robert W. Leach, Sr.