THURSDAY, JUNE 28, 2012
Indicates Matter Stricken
Indicates New Matter
The House assembled at 10:00 a.m.
Deliberations were opened with prayer by Rev. Charles E. Seastrunk, Jr., as follows:
Our thought for today is from Psalm 25:21: “May integrity and uprightness preserve me, for I wait for you.”
Let us pray. Almighty God, source of all wisdom and strength, grant to these Representatives the judgment to think and do what is good for Your people. Sustain them in their discussions and support them as they boldly work to preserve the integrity of their office and this Assembly. Bless our Nation, State, and all those leaders who guide us. 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. SELLERS moved that when the House adjourns, it adjourn in memory of Attorney David Crum of Denmark, which was agreed to.
MESSAGE FROM THE SENATE
The following was received:
Columbia, S.C., June 28, 2012
Mr. Speaker and Members of the House:
The Senate respectfully invites your Honorable Body to attend in the Senate Chamber at a mutually convenient time today, for the purpose of ratifying Acts.
Very respectfully,
President
On motion of Rep. PATRICK the invitation was accepted.
MESSAGE FROM THE SENATE
The following was received:
Columbia, S.C., June 28, 2012
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S.1419:
S. 1419 -- Senators Thomas, Ford and Hayes: A BILL TO AMEND CHAPTER 45, TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE BROKERS AND SURPLUS LINES INSURANCE, SO AS TO DEFINE TERMS, TO PROVIDE THAT THE REVENUE COLLECTED FROM THE BROKER'S PREMIUM TAX RATE MUST BE CREDITED TO A SPECIAL EARMARKED FUND, TO PROVIDE THE MANNER IN WHICH THE FUND MAY BE USED AND DISBURSED, TO AUTHORIZE THE DIRECTOR OF THE DEPARTMENT OF INSURANCE TO CONDUCT EXAMINATIONS OF BROKER RECORDS, TO ALLOW THE DEPARTMENT OF INSURANCE TO PROMULGATE REGULATIONS NECESSARY TO IMPLEMENT THE CHAPTER, TO PROVIDE THE MANNER IN WHICH THE NONADMITTED AND REINSURANCE REFORM ACT OF 2010 MAY BE IMPLEMENTED; AND TO AMEND SECTION 38-7-160, RELATING TO MUNICIPAL LICENSE FEES AND TAXES, SO AS TO DISALLOW A MUNICIPALITY FROM CHARGING AN ADDITIONAL LICENSE FEE OR TAX BASED UPON A PERCENTAGE OF PREMIUMS FOR PURPOSES OF SURPLUS LINES INSURANCE.
and has ordered the Bill enrolled for ratification.
Very respectfully,
President
Received as information.
MESSAGE FROM THE SENATE
The following was received:
Columbia, S.C., June 28, 2012
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has requested and has granted free conference powers and appointed Senators Knotts, Massey and Coleman of the Committee of Free Conference on the part of the Senate on S.45:
S. 45 -- Senators McConnell, Campsen and Ford: A BILL TO AMEND CHAPTER 15, TITLE 17 OF THE SOUTH CAROLINA CODE OF LAWS, 1976, BY ADDING SECTION 17-15-55, SO AS TO PROVIDE THAT THE CIRCUIT COURT SHALL CONSIDER MOTIONS REGARDING RECONSIDERATION OF BOND FOR GENERAL SESSIONS OFFENSES SET BY A SUMMARY COURT JUDGE; TO PROVIDE THAT FURTHER DEFENSE MOTIONS TO RECONSIDER BOND MAY BE HEARD BY THE CIRCUIT COURT ONLY UPON THE DEFENDANT'S PRIMA FACIE SHOWING OF A MATERIAL CHANGE IN CIRCUMSTANCE; TO PROVIDE THAT MOTIONS BY THE STATE TO REVOKE OR MODIFY A DEFENDANT'S BOND MUST BE MADE IN WRITING, STATE WITH PARTICULARITY THE GROUNDS FOR REVOCATION OR MODIFICATION, AND SET FORTH THE RELIEF OR ORDER SOUGHT; AND TO PROVIDE THAT, IF THE STATE'S MOTION TO REVOKE OR MODIFY BOND INCLUDES A PRIMA FACIE SHOWING OF IMMINENT DANGER TO THE COMMUNITY, OR IMMINENT DANGER TO THE DEFENDANT, OR FLIGHT BY THE DEFENDANT, THE CHIEF JUDGE OR PRESIDING JUDGE SHALL CONDUCT OR ORDER AN EMERGENCY HEARING WITHIN FORTY-EIGHT HOURS.
Very respectfully,
President
Received as information.
MESSAGE FROM THE SENATE
The following was received:
Columbia, S.C., June 28, 2012
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that the Report of the Committee of Free Conference, having been adopted by both Houses, it was ordered that the title be changed to that of an Act and the Act enrolled for ratification.
S. 45 -- Senators McConnell, Campsen and Ford: A BILL TO AMEND CHAPTER 15, TITLE 17 OF THE SOUTH CAROLINA CODE OF LAWS, 1976, BY ADDING SECTION 17-15-55, SO AS TO PROVIDE THAT THE CIRCUIT COURT SHALL CONSIDER MOTIONS REGARDING RECONSIDERATION OF BOND FOR GENERAL SESSIONS OFFENSES SET BY A SUMMARY COURT JUDGE; TO PROVIDE THAT FURTHER DEFENSE MOTIONS TO RECONSIDER BOND MAY BE HEARD BY THE CIRCUIT COURT ONLY UPON THE DEFENDANT'S PRIMA FACIE SHOWING OF A MATERIAL CHANGE IN CIRCUMSTANCE; TO PROVIDE THAT MOTIONS BY THE STATE TO REVOKE OR MODIFY A DEFENDANT'S BOND MUST BE MADE IN WRITING, STATE WITH PARTICULARITY THE GROUNDS FOR REVOCATION OR MODIFICATION, AND SET FORTH THE RELIEF OR ORDER SOUGHT; AND TO PROVIDE THAT, IF THE STATE'S MOTION TO REVOKE OR MODIFY BOND INCLUDES A PRIMA FACIE SHOWING OF IMMINENT DANGER TO THE COMMUNITY, OR IMMINENT DANGER TO THE DEFENDANT, OR FLIGHT BY THE DEFENDANT, THE CHIEF JUDGE OR PRESIDING JUDGE SHALL CONDUCT OR ORDER AN EMERGENCY HEARING WITHIN FORTY-EIGHT HOURS.
Very respectfully,
President
Received as information.
HOUSE RESOLUTION
The following was introduced:
H. 5437 -- Reps. Forrester, Allison, Anthony, Brannon, Chumley, Cole, Parker, Tallon, Agnew, Alexander, Allen, Anderson, Atwater, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bikas, Bingham, Bowen, Bowers, Brady, Branham, Brantley, G.A.Brown, H.B.Brown, R.L.Brown, Butler Garrick, Clemmons, Clyburn, Cobb-Hunter, Corbin, Crawford, Crosby, Daning, Delleney, Dillard, Edge, Erickson, 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, 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, Taylor, Thayer, Toole, Tribble, Vick, Weeks, Whipper, White, Whitmire, Williams, Willis and Young: A HOUSE RESOLUTION TO HONOR AND REMEMBER THE SUPREME SACRIFICE MADE BY CAPTAIN JOHN DAVID HORTMAN OF THE UNITED STATES ARMY WHILE HE WAS SERVING A TOUR OF MILITARY DUTY; TO EXPRESS TO HIS FAMILY THE DEEPEST APPRECIATION OF A GRATEFUL STATE AND NATION FOR HIS LIFE, SACRIFICE, AND SERVICE; AND TO HONOR HIM ON THE OCCASION OF THE UNVEILING OF THE SIGN DEDICATING THE BRIDGE THAT CROSSES THE MIDDLE TYGER RIVER ALONG SOUTH CAROLINA HIGHWAY 296 IN SPARTANBURG COUNTY IN HIS HONOR.
Whereas, the South Carolina House of Representatives is pleased to note that the signage dedicating the bridge that crosses the Middle Tyger River along South Carolina Highway 296 in Spartanburg County to the honor of the late Captain John David Hortman of the United States Army soon will be unveiled; and
Whereas, for the many friends, family members, and Army comrades who knew and appreciated Captain Hortman, this bridge and its sign bear quiet testimony to the years of sacrificial military service he rendered to his State and nation; and
Whereas, a native of Inman, Captain John David Hortman was the son of Brenda Touchton Jones and the late John Wilmer Hortman and a member of Central Church of Christ; and
Whereas, while attending Byrnes High School, he was elected student body president; attended Palmetto Boys State, where he was elected lieutenant governor; and participated in Boys Nation, where he was appointed secretary of state; and
Whereas, Captain Hortman, in preparation for his career, graduated in 2004 from the United States Military Academy; and
Whereas, during his distinguished service in the military, Captain Hortman received the Bronze Star Medal, Meritorious Service Medal (posthumously), Air Medal, Army Commendation Medal, National Defense Medal, Iraq Campaign Medal, and Global War on Terrorism Medal; and
Whereas, the members of the House of Representatives were greatly saddened when they learned he was killed during a training accident in Fort Benning, Georgia, on August 8, 2011; and
Whereas, the members of the South Carolina House of Representatives,on behalf of all South Carolinians, acknowledge with deep appreciation the great sacrifice the men and women of the United States Armed Forces make for the ideals of freedom and justice, which are so richly enjoyed in this nation; and
Whereas, the South Carolina House of Representativescounts it a great privilegeto remember Captain John David Hortman, and the members with one voice offertheir grateful thanks to Almighty God for the service and ultimate sacrifice of this courageous son of liberty. Now, therefore,
Be it resolved by the House of Representatives:
That the members of the South Carolina House of Representatives, by this resolution,honor and remember the supreme sacrifice made by Captain John David Hortman of the United States Army while he was serving a tour of military duty; express to his family the deepest appreciation of a grateful State and nation for his life, sacrifice, and service; and honor him on the occasion of the unveiling of the sign dedicating the bridge that crosses the Middle Tyger River along South Carolina Highway 296 in Spartanburg Countyin his honor.
Be it further resolved that a copy of this resolution be presented to the family of Captain John David Hortman.
The Resolution was adopted.
ROLL CALL
The roll call of the House of Representatives was taken resulting as follows:
Allen / Allison / AnthonyBales / Ballentine / Bannister
Barfield / Bedingfield / Bingham
Bowen / Branham / G.A.Brown
Butler Garrick / Chumley / Clemmons
Clyburn / Cole / Corbin
Crosby / Daning / Delleney
Dillard / Edge / Erickson
Forrester / Frye / Hamilton
Hardwick / Harrell / Harrison
Hayes / Hearn / Henderson
Herbkersman / Hiott / Hixon
Hosey / Howard / Huggins
Johnson / King / Knight
Limehouse / Loftis / Lucas
Mack / McCoy / McEachern
McLeod / Merrill / D.C.Moss
V.S.Moss / Munnerlyn / Nanney
J.H.Neal / J.M.Neal / Norman
Ott / Owens / Patrick
Pinson / Pope / Putnam
Quinn / Ryan / Sandifer
Sellers / Simrill / Skelton
G.M.Smith / G.R.Smith / J.E.Smith
Sottile / Southard / Stavrinakis
Tallon / Taylor / Toole
Weeks / Whipper / White
Whitmire / Williams / Willis
Young
STATEMENT OF ATTENDANCE
I came in after the roll call and was present for the Session on Thursday, June 28.
Paul Agnew / Laurie FunderburkMike Gambrell / Michael A. Pitts
Phillip Lowe / Joan Brady
Roland Smith / David Tribble, Jr.
Terry Alexander / Anne Thayer
Anne Parks / Gilda Cobb-Hunter
Douglas "Doug" Brannon / Boyd Brown
Jerry Govan / William Bowers
Todd Rutherford / Ted Vick
Ronnie A. Sabb
Kenneth F. Hodges / Chris Hart
Total Present--106
LEAVE OF ABSENCE
The SPEAKER granted Rep. GOVAN a temporary leave of absence.
LEAVE OF ABSENCE
The SPEAKER granted Rep. BOWERS a temporary leave of absence.
LEAVE OF ABSENCE
The SPEAKER granted Rep. HODGES a temporary leave of absence.
LEAVE OF ABSENCE
The SPEAKER granted Rep. BRANTLEY a leave of absence for the day due to a death in the family.
LEAVE OF ABSENCE
The SPEAKER granted Rep. LONG a leave of absence for the day.
LEAVE OF ABSENCE
The SPEAKER granted Rep. JEFFERSON a leave of absence for the day.
LEAVE OF ABSENCE
The SPEAKER granted Rep. ANDERSON a leave of absence for the day due to attending a conference.
LEAVE OF ABSENCE
The SPEAKER granted Rep. MURPHY a leave of absence for the day.
LEAVE OF ABSENCE
The SPEAKER granted Rep. HORNE a leave of absence for the day due to family medical reasons.
LEAVE OF ABSENCE
The SPEAKER granted Rep. R.L.BROWN a leave of absence for the day due to a prior business commitment.
LEAVE OF ABSENCE
The SPEAKER granted Rep. STRINGER a leave of absence for the day due to a prior commitment.
LEAVE OF ABSENCE
The SPEAKER granted Rep. J.R.SMITH a leave of absence for the remainder of the day due to the requirement of his attendance at the Ethics Committee Hearing concerning IN THE MATTER OF NIKKI R. HALEY.
LEAVE OF ABSENCE
The SPEAKER granted Rep. FUNDERBURK a leave of absence for the remainder of the day due to the requirement of her attendance at the Ethics Committee Hearing concerning IN THE MATTER OF NIKKI R. HALEY.
LEAVE OF ABSENCE
The SPEAKER granted Rep. GAMBRELL a leave of absence for the remainder of the day due to the requirement of his attendance at the Ethics Committee Hearing concerning IN THE MATTER OF NIKKI R. HALEY.
LEAVE OF ABSENCE
The SPEAKER granted Rep. PITTS a leave of absence for the remainder of the day due to the requirement of his attendance at the Ethics Committee Hearing concerning IN THE MATTER OF NIKKI R. HALEY.
LEAVE OF ABSENCE
The SPEAKER granted Rep. LOWE a leave of absence for the remainder of the day due to the requirement of his attendance at the Ethics Committee Hearing concerning IN THE MATTER OF NIKKI R. HALEY.
LEAVE OF ABSENCE
The SPEAKER granted Rep. BRADY a leave of absence for the remainder of the day due to the requirement of her attendance at the Ethics Committee Hearing concerning IN THE MATTER OF NIKKI R. HALEY.
R. 319, H. 3790--ORDERED PRINTED IN THE JOURNAL
The SPEAKER ordered the following Veto printed in the Journal:
June 27, 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 hereby veto and return without my approval R. 319, H. 3790, a local bill creating the Bamberg County Water and Sewer Authority wholly located in Bamberg County.
Since the beginning of my Administration, I have been clear that I will veto local legislation that is clearly unconstitutional. H. 3790 affects only Bamberg County and therefore is unconstitutional – violating the Home Rule provision of our State Constitution, Article VIII, Section 7.
Every member of the General Assembly is expected to vote on all legislation, including local bills. I believe members who fail to vote are supporting the violation of our constitution that we have sworn to uphold. Therefore, I ask that you stop the practice of passing unconstitutional local legislation and help preserve and protect our State Constitution by sustaining this veto.
For too long, the General Assembly has involved itself in entirely local issues like providing water and sewer services to county and municipal residents, which violate Home Rule. Accordingly, I would ask the General Assembly to send me a bill devolving individual delegations’ authority relating to single county special purpose districts to county governing bodies, as our State Constitution intended almost 40 years ago.
For these reasons, I am vetoing R. 319, H. 3790.
Sincerely,
Nikki R. Haley
Governor
R. 319, H. 3790--GOVERNOR'S VETO OVERRIDDEN
The Veto on the following Act was taken up:
(R. 319, H. 3790) -- Rep. Sellers: AN ACT TO CREATE THE BAMBERG COUNTY WATER AND SEWER AUTHORITY; TO PROVIDE FOR ITS DUTIES, RESPONSIBILITIES, AND POWERS; AND TO PROVIDE FOR THE APPOINTMENT AND TERMS OF THE AUTHORITY'S MEMBERS.
The question was put, shall the Act become a part of the law, the Veto of her Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:
Yeas 55; Nays 5
Those who voted in the affirmative are:
Alexander / Allen / AllisonAnthony / Bales / Bannister
Barfield / Bowen / Branham
Brannon / G.A.Brown / Butler Garrick
Clemmons / Clyburn / Cole
Corbin / Dillard / Edge
Erickson / Forrester / Hardwick
Harrell / Harrison / Hayes
Hearn / Herbkersman / Hosey
Howard / Huggins / Johnson
King / Knight / Limehouse
Mack / McCoy / McEachern
McLeod / D.C.Moss / V.S.Moss
Munnerlyn / J.H.Neal / J.M.Neal
Ott / Parks / Patrick
Quinn / Sellers / Simrill
J.E.Smith / Sottile / Stavrinakis
Tallon / Weeks / Williams
Young
Total--55
Those who voted in the negative are:
Bedingfield / Hamilton / NanneyNorman / Willis
Total--5
So, the Veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.
R. 319, H. 3790--MOTION TO RECONSIDER TABLED
Rep. SELLERS moved to reconsider the vote whereby the Veto on the following Act was overridden:
(R. 319, H. 3790) -- Rep. Sellers: AN ACT TO CREATE THE BAMBERG COUNTY WATER AND SEWER AUTHORITY; TO PROVIDE FOR ITS DUTIES, RESPONSIBILITIES, AND POWERS; AND TO PROVIDE FOR THE APPOINTMENT AND TERMS OF THE AUTHORITY'S MEMBERS.
Rep. SELLERS moved to table the motion to reconsider, which was agreed to.
H. 5418--SENATE AMENDMENTS CONCURRED IN AND BILL ENROLLED
The Senate Amendments to the following Joint Resolution were taken up for consideration:
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, AND TO PROVIDE EXCEPTIONS; AND TO AMEND SECTION 12-6-545, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INCOME TAX RATES FOR PASS-THROUGH TRADE AND BUSINESS INCOME, SO AS TO REDUCE THE TAX RATE FROM FIVE PERCENT TO THREE PERCENT OVER THREE YEARS.
Rep. WHITE explained the Senate Amendments.
The yeas and nays were taken resulting as follows:
Yeas 95; Nays 0
Those who voted in the affirmative are:
Alexander / Allen / AllisonAnthony / Bales / Ballentine
Bannister / Barfield / Bedingfield
Bingham / Bowen / Brady
Branham / Brannon / G.A.Brown
Butler Garrick / Chumley / Clemmons
Clyburn / Cobb-Hunter / Cole
Corbin / Crosby / Daning
Delleney / Dillard / Edge
Erickson / Forrester / Frye
Funderburk / Gambrell / Hamilton
Hardwick / Harrell / Harrison
Hayes / Hearn / Henderson
Herbkersman / Hiott / Hixon
Hosey / Howard / Huggins
Johnson / Knight / Limehouse
Loftis / Lowe / Lucas
Mack / McCoy / McEachern
McLeod / Merrill / D.C.Moss
V.S.Moss / Munnerlyn / Nanney
J.H.Neal / J.M.Neal / Norman
Ott / Owens / Parks
Patrick / Pinson / Pitts
Pope / Putnam / Quinn
Ryan / Sandifer / Sellers
Simrill / Skelton / G.M.Smith
G.R.Smith / J.E.Smith / J.R.Smith
Sottile / Southard / Stavrinakis
Tallon / Taylor / Thayer
Toole / Weeks / Whipper
White / Whitmire / Williams
Willis / Young
Total--95