WEDNESDAY, JUNE 20, 2012
Indicates Matter Stricken
Indicates New Matter
The House assembled at 1:00 p.m.
Deliberations were opened with prayer by Rev. Charles E. Seastrunk, Jr., as follows:
Our thought for today is from Ecclesiastes 11:1: “Send out your bread upon the waters, for after many days you will get it back.”
Let us pray. Almighty God, as we assemble again to do the peoples’ business, give these Representatives and staff diligence to stick with the important items that will produce good fruit for this State. Bless our Nation, State, and all our leaders, that they may use integrity and compassion. Protect our defenders of freedom, at home and abroad, as they protect us. Heal the wounds, those seen and those hidden, of our brave warriors. Lord, in Your mercy, hear our prayer. 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 yesterday, the SPEAKER ordered it confirmed.
MOTION ADOPTED
Rep. POPE moved that when the House adjourns, it adjourn in memory of Clara Bell McCullough Feely of Rock Hill, which was agreed to.
ROLL CALL
The roll call of the House of Representatives was taken resulting as follows:
Alexander / Allen / AllisonAnderson / Anthony / Atwater
Bales / Bannister / Barfield
Bedingfield / Bingham / Bowen
Bowers / Brady / Branham
Brantley / G.A.Brown / H.B.Brown
R.L.Brown / Chumley / Clemmons
Clyburn / Cobb-Hunter / Corbin
Crosby / Daning / Delleney
Dillard / Erickson / Forrester
Frye / Funderburk / Gambrell
Gilliard / Govan / Hamilton
Hardwick / Harrell / Harrison
Hayes / Hearn / Henderson
Herbkersman / Hiott / Hixon
Hodges / Horne / Hosey
Howard / Huggins / Jefferson
Johnson / King / Knight
Limehouse / Loftis / Long
Lucas / Mack / McCoy
McEachern / McLeod / Merrill
D.C.Moss / V.S.Moss / Munnerlyn
Murphy / Nanney / J.H.Neal
J.M.Neal / Norman / Ott
Owens / Parker / Parks
Patrick / Pitts / Pope
Putnam / Ryan / Sandifer
Sellers / Simrill / Skelton
G.M.Smith / G.R.Smith / J.R.Smith
Sottile / Southard / Spires
Stavrinakis / Stringer / Tallon
Taylor / Thayer / Toole
Vick / Weeks / Whipper
White / Whitmire / Williams
Young
STATEMENT OF ATTENDANCE
I came in after the roll call and was present for the Session on Wednesday, June 20.
Lewis E. Pinson / Ronnie A. SabbKris Crawford / David Tribble, Jr.
Richard "Rick" Quinn / Nathan Ballentine
James E. Smith / Mia Butler Garrick
Todd Rutherford / Chris Hart
Mark Willis
Total Present--114
LEAVE OF ABSENCE
The SPEAKER granted Rep. AGNEW a leave of absence for the day.
LEAVE OF ABSENCE
The SPEAKER granted Rep. BRANNON a leave of absence for the day due to a trial.
LEAVE OF ABSENCE
The SPEAKER granted Rep. COLE a leave of absence for the day.
LEAVE OF ABSENCE
The SPEAKER granted Rep. WILLIS a temporary leave of absence due to taking a class.
DOCTOR OF THE DAY
Announcement was made that Dr. Richard Basaly of Columbia was the Doctor of the Day for the General Assembly.
SENT TO THE SENATE
The following Bills were taken up, read the third time, and ordered sent to the Senate:
H. 5389 -- Rep. McLeod: A BILL TO PROVIDE THAT A GOLF CART MAY BE OPERATED AT NIGHT ALONG AN AUTHORIZED ROADWAY WITHIN NEWBERRY COUNTY AS LONG AS IT HAS PROPER HEADLIGHTS AND IS INSURED.
H. 5390 -- Rep. Corbin: A BILL TO PROVIDE THAT A GOLF CART MAY BE OPERATED AT NIGHT ALONG AN AUTHORIZED ROADWAY WITHIN GREENVILLE COUNTY AS LONG AS IT HAS PROPER HEADLIGHTS AND IS INSURED.
H. 5418--ORDERED TO THIRD READING
The following Joint Resolution was taken up:
H. 5418 -- Reps. White, Harrell, Lucas, Bingham, Herbkersman, Limehouse, Merrill, Pitts, Simrill, G.M.Smith, G.R.Smith, Clyburn and Ott: A JOINT RESOLUTION TO PROVIDE FOR THE CONTINUING AUTHORITY TO PAY THE EXPENSES OF STATE GOVERNMENT IF THE 2012-2013 FISCAL YEAR BEGINS WITHOUT A GENERAL APPROPRIATIONS ACT FOR THAT YEAR IN EFFECT.
The yeas and nays were taken resulting as follows:
Yeas 95; Nays 11
Those who voted in the affirmative are:
Allison / Anthony / AtwaterBannister / Barfield / Bedingfield
Bingham / Bowen / Bowers
Brady / Branham / Brantley
G.A.Brown / Chumley / Clemmons
Clyburn / Cobb-Hunter / Corbin
Crawford / Crosby / Daning
Delleney / Dillard / Erickson
Forrester / Frye / Funderburk
Gambrell / Gilliard / Govan
Hamilton / Hardwick / Harrell
Harrison / Hayes / Hearn
Henderson / Herbkersman / Hiott
Hixon / Hodges / Horne
Hosey / Howard / Huggins
Jefferson / Limehouse / Loftis
Long / Lucas / Mack
McCoy / McEachern / McLeod
Merrill / D.C.Moss / V.S.Moss
Murphy / Nanney / J.H.Neal
J.M.Neal / Norman / Ott
Owens / Parker / Parks
Patrick / Pinson / Pitts
Pope / Putnam / Quinn
Ryan / Sandifer / Simrill
Skelton / G.M.Smith / G.R.Smith
J.R.Smith / Sottile / Southard
Spires / Stringer / Tallon
Taylor / Thayer / Toole
Tribble / Vick / Weeks
Whipper / White / Whitmire
Williams / Young
Total--95
Those who voted in the negative are:
Bales / H.B.Brown / R.L.BrownJohnson / King / Knight
Munnerlyn / Rutherford / Sabb
Sellers / Stavrinakis
Total--11
So, the Joint Resolution 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. 5418. If I had been present, I would have voted in favor of the Joint Resolution.
Rep. Carl Anderson
R. 299, H. 4497--ORDERED PRINTED IN THE JOURNAL
The SPEAKER ordered the following Veto printed in the Journal:
June 18, 2012
The Honorable Robert W. Harrell, Jr.
Speaker of the House of Representatives
Statehouse, Second Floor
Columbia, South Carolina 29201
Dear Mr. Speaker and Members of the House,
I am hereby vetoing and returning without my approval R299, H.4497, a bill that permits the Department of Health and Environmental Control (DHEC) to provide information on and to administer the human papillomavirus vaccine.
Nothing in current law precludes DHEC from performing any of the activities described in this bill. Furthermore, this bill carries no weight, merely describing steps that the agency “may” undertake beginning in the upcoming school year. In this respect, the bill is superfluous.
H.4497 can also be seen as essentially a suspended unfunded mandate. The bill states that implementation “is contingent upon the appropriation of state and federal funding” to fund the vaccine and the informational materials. Undoubtedly, once the mandate is established in law, advocates will argue that it necessarily follows that this new program must be now be funded by the General Assembly.
I have vetoed this bill because although it would have no real impact today, it is a precursor to another taxpayer-funded healthcare mandate.
My very best,
Nikki R. Haley
Governor
R. 299, H. 4497--GOVERNOR'S VETO --DEBATE ADJOURNED
The Veto on the following Act was taken up:
(R299) H. 4497 -- Reps. Sellers, Johnson, Brady, Gilliard, Jefferson and Knight: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-29-187 SO AS TO ENACT THE "CERVICAL CANCER PREVENTION ACT", TO PROVIDE THAT BEGINNING WITH THE 2012-2013 SCHOOL YEAR, THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL MAY OFFER THE CERVICAL CANCER VACCINATION SERIES TO ADOLESCENT STUDENTS ENROLLING IN THE SEVENTH GRADE OF ANY PUBLIC OR PRIVATE SCHOOL IN THIS STATE, TO PROVIDE NO STUDENT IS REQUIRED TO HAVE THE VACCINE BEFORE ENROLLING IN OR ATTENDING SCHOOL, TO PROVIDE THE DEPARTMENT MAY DEVELOP AN INFORMATIONAL PROGRAM RELATED TO THIS VACCINATION OFFERING WITH SPECIFIC CONTENT REQUIREMENTS, TO DEFINE "CERVICAL CANCER VACCINATION SERIES", AND TO MAKE IMPLEMENTATION OF VACCINE PROVISION AND INFORMATIONAL PROGRAM CONTINGENT UPON RECEIPT OF FULL FUNDING BY STATE AND FEDERAL FUNDS.
Rep. SELLERS moved to adjourn debate on the Veto until Tuesday, June 26, which was agreed to.
RECURRENCE TO THE MORNING HOUR
Rep. PUTNAM moved that the House recur to the morning hour, which was agreed to.
HOUSE RESOLUTION
The following was introduced:
H. 5422 -- Reps. G.A.Brown, Agnew, 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, 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, Johnson, King, Knight, Limehouse, Loftis, Long, Lowe, Lucas, Mack, McCoy, McEachern, McLeod, Merrill, 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, Putnam, Quinn, Rutherford, Ryan, Sabb, Sandifer, Sellers, Simrill, Skelton, G.M.Smith, G.R.Smith, J.E.Smith, J.R.Smith, Sottile, Southard, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Toole, Tribble, Vick, Weeks, Whipper, White, Whitmire, Williams, Willis and Young: A HOUSE RESOLUTION TO RECOGNIZE AND HONOR THE MEMBERS OF THE 1972 BISHOPVILLE HIGH SCHOOL STATE CHAMPIONSHIP FOOTBALL TEAM AND TO CONGRATULATE THEM AND THEIR COACHES AS THEY CELEBRATE THE FORTIETH ANNIVERSARY OF THEIR CHAMPIONSHIP GAME.
The Resolution was adopted.
HOUSE RESOLUTION
The following was introduced:
H. 5423 -- Reps. Clemmons, 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, Clyburn, Cobb-Hunter, Cole, 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, Johnson, King, Knight, Limehouse, Loftis, Long, Lowe, Lucas, Mack, McCoy, McEachern, McLeod, Merrill, 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, Putnam, Quinn, Rutherford, Ryan, Sabb, Sandifer, Sellers, Simrill, Skelton, G.M.Smith, G.R.Smith, J.E.Smith, J.R.Smith, Sottile, Southard, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Toole, Tribble, Vick, Weeks, Whipper, White, Whitmire, Williams, Willis and Young: A HOUSE RESOLUTION TO CONGRATULATE, HONOR AND COMMEND THE SOUTH CAROLINA STUDENT LEGISLATURE ON ITS SUCCESSFUL, ONGOING EFFORTS TO EDUCATE THE YOUNG PEOPLE OF THIS STATE ABOUT THE LEGISLATIVE PROCESS AND FOR ITS ROLE IN DEVELOPING STRONG LEADERS AND INFORMED CITIZENS IN THIS STATE, AND TO PERMIT ITS USE OF THE HOUSE CHAMBERS FOR ITS ANNUAL MEETING AT A DATE AND TIME TO BE DETERMINED BY THE SPEAKER.
The Resolution was adopted.
HOUSE RESOLUTION
The following was introduced:
H. 5424 -- Rep. Quinn: A HOUSE RESOLUTION TO RECOGNIZE AND HONOR THE REVEREND LARRY HAYS OF LEXINGTON COUNTY UPON THE OCCASION OF HIS RETIREMENT AFTER THIRTY-SEVEN YEARS OF DEVOTED PASTORAL MINISTRY, AND TO WISH HIM CONTINUED SUCCESS AND BLESSINGS IN ALL HIS FUTURE ENDEAVORS.
The Resolution was adopted.
H. 4801--FREE CONFERENCE REPORT ADOPTED
FREE CONFERENCE REPORT
H. 4801
The General Assembly, Columbia, S.C., June 19, 2012
The COMMITTEE OF CONFERENCE, to whom was referred (Doc. No. L:\S-JUD\AMEND\FCRJUD4801.DOCX):
H.4801 -- Reps. Sandifer, Gambrell, Bowen, Whitmire, Agnew, Thayer, Putnam and White: A BILL TO AMEND SECTION 613230, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PIONEER RURAL WATER DISTRICT OF OCONEE AND ANDERSON COUNTIES, SO AS TO REVISE THE QUALIFICATIONS OF PERSONS WHO MAY BE APPOINTED TO THE GOVERNING BOARD OF THE DISTRICT AND THE MANNER OF THEIR APPOINTMENT; AND TO AMEND SECTION 613240, AS AMENDED, RELATING TO THE POWERS AND DUTIES OF THE DISTRICT ACTING THROUGH ITS GOVERNING BOARD, SO AS TO PROVIDE THAT THE DISTRICT MUST NOT CONTRACT FOR OR UNDERTAKE THE CONSTRUCTION OF ANY NEW FRESHWATER TREATMENT FACILITIES UNTIL JANUARY 1, 2016.
Beg leave to report that they have duly and carefully considered the same and recommend:
That the same do pass with the following amendments: (Reference is to Printer’s Version 06/06/12.)
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION1.Section 6-13-230 of the 1976 Code is amended to read:
“Section 613230(A)(1). The district shall must be operated and managed by a board of directors to be known as the Pioneer Rural Water District Board of Oconee and Anderson Counties which shall constitute constitutes the governing body of the district. The board shall must consist of five resident electors of the area who shall be appointed by the Governor, upon the recommendation of a majority of those persons attending a meeting of residents of the area held pursuant to at least one week’s notice in a local newspaper giving the time and place of the meeting. The chairman and secretary of the meeting shall certify the names of those recommended to the Governor. The original appointments must be for a term of two years for two appointees, for four years for two appointees, and for six years for one appointee. All terms after the initial appointments shall be for six years. All appointees shall hold office until their successors shall have been appointed and qualify. The initial terms of office shall begin as of June 8 1965. Any vacancy shall be filled in like manner as the original appointment for the unexpired portion of the term. Immediately after appointment, the board shall meet and organize by the election of one of its members as chairman, one as vice chairman, one as secretary and one as treasurer. The offices of the secretary and treasurer may be combined in the discretion of the board five residents of the district’s service area who are qualified electors of Anderson or Oconee county. Board members serving on this section’s effective date shall serve the remainder of their terms pursuant to their appointment and until their successors are elected and qualified. Upon the expiration of the term of each member serving on this section’s effective date, the member’s term will be for three years and until a successor is elected and qualified. The members must be elected to represent distinct territories within the district’s service area. A vacancy must be filled for the remainder of the unexpired term.
(2)Each board member must be elected by the qualified customers of Pioneer Rural Water District who are both (a) residents of the district’sservice area and (b) qualified electors of Anderson or Oconee county. For purposes of this section, “resident” is an individual domiciled in Anderson or Oconee county. Each qualified customer is entitled to one vote, provided that only one vote is cast per household.
(B)Sixty days prior to an election to fill a board member’s seat, a meeting of the qualified customers from the board member’s territory shall be held to nominate an individual or individuals who reside in that territory and are qualified customers with service from the district within that territory. The nominated individual or individuals’ names shall be placed on the ballot at the annual meeting. If more than two persons are nominated, only the two individuals receiving the highest number of votes will have their names placed on the ballot. Notice of a district or territory meeting must be provided as follows: (1) posted in at least one newspaper with general circulation in the district’s service areafifteen days prior to the meeting; (2) posted on Pioneer Rural Water District’s website for at least 15 days prior to the meeting; and (3) written notice, in a conspicuous font, at least 24 point bold font, included with the water bill to customers eligible to vote in the district or territory meeting, as applicable, for the billing cycle immediately preceding the meeting.”
SECTION2.Section 613240 of the 1976 Code, as last amended by Act 277 of 2004, is further amended to read:
“Section 613240.(A)The district, acting through its governing body, is hereby vested with all such powers as may be necessary or incidental to carry out its purposes, functions and responsibilities including, but without limitation, the following:
(1)To have perpetual succession.
(2)To sue and be sued.
(3)To adopt, use and alter a corporate seal.
(4)To define a quorum for meetings.
(5)To maintain a principal office.
(6)To make bylaws for the management and regulation of its affairs.
(7)To build, construct, maintain and operate ditches, tunnels, culverts, flumes, conduits, mains, pipes, dikes, dams and reservoirs.
(8)To build, construct, maintain and operate distribution systems for the distribution of water for domestic or industrial use.
(9)To acquire and operate any type of machinery, appliances or appurtenances, necessary or useful in constructing, operating and maintaining the system.
(10)To contract for or otherwise acquire a supply of water and sell water for industrial or domestic use.
(11)To prescribe rates and regulations under which such water shall be sold for industrial and domestic use.
(12)To enter into contracts of long duration for the purchase and sale of water with persons, private corporations, municipal corporations, or public bodies or agencies.
(13)To prescribe such regulations as it shall deem necessary to protect from pollution all water in its pipes, tanks, reservoirs, distribution systems or elsewhere within its system.
(14)To make contracts of all sorts and to execute all instruments necessary or convenient for the carrying on of the business of the district.
(15)To acquire, purchase, hold, use, lease, mortgage, sell, transfer and dispose of any property, real, personal or mixed, or any interest therein.
(16)To make use of county and state highway rights of way in which to lay pipes and lines in such manner and under such conditions as the appropriate officials in charge of such rights of way shall approve.
(17)Subject always to the limitations of Section 15, Article VIII, of the Constitution of South Carolina, 1895, to make use of all the streets and public ways of an incorporated municipality for the purpose of laying pipes and lines.
(18)To alter and change county and state highways wherever necessary to construct the system under such conditions as the appropriate officials in charge of such highways shall approve.
(19)To exercise the power of eminent domain for any corporate function. The power of eminent domain may be exercised through any procedure prescribed by Sections 28510 through 285390 and Sections 575310 through 575590, Code of Laws of South Carolina, 1976, as now or hereafter constituted, it being the intent of this provision that further amendments and modifications of these code provisions shall be deemed to amend and revise correspondingly the powers granted by this paragraph. Provided, that the power of eminent domain conferred hereunder shall not extend to the property of any public utility that the utility could have acquired under its power of eminent domain.