TUESDAY, MARCH 12, 2013
Indicates Matter Stricken
Indicates New Matter
The House assembled at 9:30 a.m.
Deliberations were opened with prayer by Rev. Charles E. Seastrunk, Jr., as follows:
Our thought for today is from Psalm 25:1: “May integrity and uprightness preserve me, for I wait for you.”
Let us pray. Living God, we rejoice in the gift of this new day. We pray that the light of Your presence would guide our path. Set the hearts of these Representatives on fire with the desire to do their work. Provide them with the will and understanding to accomplish their tasks. May Your blessings and grace be upon our Nation, President, State, Governor, Speaker, staff, and all who lend their support to the tasks ahead. 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. RILEY moved that when the House adjourns, it adjourn in memory of Mary Beth Ginn of Greenwood, which was agreed to.
REGULATION RECEIVED
The following was received and referred to the appropriate committee for consideration:
Document No. 4313
Agency: Department of Social Services
Statutory Authority: 1976 Code Sections 43-5-580(b), 63-17-470(d) and 45 CFR 302.56
Child Support Guidelines
Received by Speaker of the House of Representatives
March 11, 2013
Referred to Judiciary Committee
Legislative Review Expiration February 15, 2014
REPORTS OF STANDING COMMITTEES
Rep. BARFIELD, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:
H. 3773 -- Reps. Newton, Bowers, Erickson, Herbkersman, Hodges and Patrick: A CONCURRENT RESOLUTION MEMORIALIZING THE UNITED STATES DEPARTMENT OF TRANSPORTATION AND ITS COMPONENT FEDERAL HIGHWAY ADMINISTRATION TO TAKE A LEADING ROLE IN ORGANIZING AND PROVIDING REGULAR PUBLIC FERRY SERVICE TO DAUFUSKIE ISLAND IN BEAUFORT COUNTY.
Ordered for consideration tomorrow.
Rep. BARFIELD, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:
H. 3781 -- Reps. Herbkersman, Newton and Patrick: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE DEPARTMENT'S REPLACEMENT BRIDGE LOCATED ALONG SPANISH WELLS ROAD ON HILTON HEAD ISLAND "CHARLIE SIMMONS, SR. MEMORIAL BRIDGE" AND ERECT APPROPRIATE MARKERS OR SIGNS AT THIS BRIDGE THAT CONTAIN THE WORDS "CHARLIE SIMMONS, SR. MEMORIAL BRIDGE".
Ordered for consideration tomorrow.
Rep. BARFIELD, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:
S. 480 -- Senators Alexander, Hutto and Rankin: A CONCURRENT RESOLUTION TO FIX NOON ON WEDNESDAY, MAY 1, 2013, AS THE TIME TO ELECT A SUCCESSOR TO THE MEMBER OF THE PUBLIC SERVICE COMMISSION FOR THE FIRST DISTRICT FOR A TERM EXPIRING ON JUNE 30, 2016; TO ELECT A SUCCESSOR TO THE MEMBER OF THE PUBLIC SERVICE COMMISSION FOR THE THIRD DISTRICT FOR A TERM EXPIRING ON JUNE 30, 2016; TO ELECT A SUCCESSOR TO THE MEMBER OF THE PUBLIC SERVICE COMMISSION FOR THE FIFTH DISTRICT FOR A TERM EXPIRING ON JUNE 30, 2016; AND TO ELECT A PUBLIC SERVICE COMMISSIONER FOR THE SEVENTH DISTRICT, AS A SUCCESSOR TO THE PUBLIC SERVICE COMMISSIONER FOR THE AT-LARGE SEAT, FOR A TERM EXPIRING ON JUNE 30, 2016.
Ordered for consideration tomorrow.
HOUSE RESOLUTION
The following was introduced:
H. 3798 -- Reps. Clemmons, Alexander, Allison, Anderson, Anthony, Atwater, Bales, Ballentine, Bannister, Barfield, Bedingfield, Bernstein, Bingham, Bowen, Bowers, Branham, Brannon, G.A.Brown, R.L.Brown, Chumley, Clyburn, Cobb-Hunter, Cole, H.A.Crawford, K.R.Crawford, Crosby, Daning, Delleney, Dillard, Douglas, Edge, Erickson, Felder, Finlay, Forrester, Funderburk, Gagnon, Gambrell, George, Gilliard, Goldfinch, Govan, Hamilton, Hardee, Hardwick, Harrell, Hart, Hayes, Henderson, Herbkersman, Hiott, Hixon, Hodges, Horne, Hosey, Howard, Huggins, Jefferson, Kennedy, King, Knight, Limehouse, Loftis, Long, Lowe, Lucas, Mack, McCoy, McEachern, M.S.McLeod, W.J.McLeod, Merrill, Mitchell, D.C.Moss, V.S.Moss, Munnerlyn, Murphy, Nanney, Neal, Newton, Norman, Ott, Owens, Parks, Patrick, Pitts, Pope, Powers Norrell, Putnam, Quinn, Ridgeway, Riley, Rivers, Robinson-Simpson, Rutherford, Ryhal, 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, Vick, Weeks, Wells, Whipper, White, Whitmire, Williams, Willis and Wood: A HOUSE RESOLUTION TO CONGRATULATE LIANE WILLIAMS OF THE PEE DEE AREA COUNCIL, BOY SCOUTS OF AMERICA, FOR EARNING THE SEA SCOUT QUARTERMASTER AWARD, TO COMMEND HER FOR HER HARD WORK AND DETERMINATION IN REACHING THIS GOAL, AND TO WISH HER EVERY SUCCESS IN ALL HER FUTURE ENDEAVORS.
The Resolution was adopted.
HOUSE RESOLUTION
The following was introduced:
H. 3799 -- Reps. Daning, Alexander, Allison, Anderson, Anthony, Atwater, Bales, Ballentine, Bannister, Barfield, Bedingfield, Bernstein, Bingham, Bowen, Bowers, Branham, Brannon, G.A.Brown, R.L.Brown, Chumley, Clemmons, Clyburn, Cobb-Hunter, Cole, H.A.Crawford, K.R.Crawford, Crosby, Delleney, Dillard, Douglas, Edge, Erickson, Felder, Finlay, Forrester, Funderburk, Gagnon, Gambrell, George, Gilliard, Goldfinch, Govan, Hamilton, Hardee, Hardwick, Harrell, Hart, Hayes, Henderson, Herbkersman, Hiott, Hixon, Hodges, Horne, Hosey, Howard, Huggins, Jefferson, Kennedy, King, Knight, Limehouse, Loftis, Long, Lowe, Lucas, Mack, McCoy, McEachern, M.S.McLeod, W.J.McLeod, Merrill, Mitchell, D.C.Moss, V.S.Moss, Munnerlyn, Murphy, Nanney, Neal, Newton, Norman, Ott, Owens, Parks, Patrick, Pitts, Pope, Powers Norrell, Putnam, Quinn, Ridgeway, Riley, Rivers, Robinson-Simpson, Rutherford, Ryhal, 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, Vick, Weeks, Wells, Whipper, White, Whitmire, Williams, Willis and Wood: A HOUSE RESOLUTION TO CONGRATULATE JOHN "JACK" ACHENBACH OF BERKELEY COUNTY ON THE OCCASION OF HIS NINETIETH BIRTHDAY AND TO WISH HIM A JOYOUS BIRTHDAY CELEBRATION AND MUCH HAPPINESS IN THE DAYS AHEAD.
The Resolution was adopted.
CONCURRENT RESOLUTION
The following was introduced:
H. 3800 -- Reps. Huggins and Ballentine: A CONCURRENT RESOLUTION TO RECOGNIZE AND CONGRATULATE COLUMBIA RADIO PERSONALITY JONATHON RUSH ON THE TWENTY-FIFTH ANNIVERSARY OF HIS RADIO PROGRAM, THE MORNING RUSH, TO COMMEND HIM FOR THE MANY CONTRIBUTIONS HE HAS MADE TO THE COLUMBIA-AREA METROPOLITAN RADIO MARKET, AND TO DECLARE MARCH 21, 2013, AS JONATHON RUSH DAY IN SOUTH CAROLINA.
Whereas, the members of the South Carolina General Assembly are pleased to honor the dedication of members of the broadcast industry, such as Clear Channel Communications’ onair personality Jonathon Rush; and
Whereas, Jonathon Rush has graced the airwaves with his recognizable voice on WCOS and WNOK for two and a half decades, a veritable millennium in broadcast years; and
Whereas, Jonathon Rush had the foresight to create a radio morning show that plays the music South Carolina listens to every day, and he hosts his signature program, The Morning Rush, from 5:30 to 9:00 a.m. every weekday; and
Whereas, born and raised in Saluda, he worked in the radio industry for many years before he was discovered and recruited to join WNOKFM as host of The Morning Rush, his own morningdrive program. The move brought him back to his beloved home state; and
Whereas, as an honored Eagle Scout with the Boy Scouts of America, Jonathon Rush has proven an excellent representative of this elite body of achievers in the example of leadership he has set for others; and
Whereas, through his respected broadcasting career and tireless volunteer work for various worthy causes, including the Red Cross Blood Drive, WLTXTV StuffaBus, Harvest Hope Food Bank, and fundraising for law enforcement, he has indeed become a favorite son of the South Carolina Midlands; and
Whereas, he also enjoys worshipping at Shandon Baptist Church and spending quality time with his wife, Sally, as well as his four children, Janie, John, David, and Lee; and
Whereas, the members of the South Carolina General Assembly are grateful for the long and successful service radio host Jonathon Rush has provided for Columbiaarea listeners and for the information and energy he imparts to his large and enthusiastic audience. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the South Carolina General Assembly, by this resolution, recognize and congratulate Columbia radio personality Jonathon Rush on the twentyfifth anniversary of his radio program, The Morning Rush, commend him for the many contributions he has made to the Columbiaarea metropolitan radio market, and declare March 21, 2013, as Jonathon Rush Day in South Carolina.
Be it further resolved that a copy of this resolution be provided to Jonathon Rush.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
CONCURRENT RESOLUTION
The following was introduced:
H. 3801 -- Reps. G.R.Smith, Alexander, Allison, Anderson, Anthony, Atwater, Bales, Ballentine, Bannister, Barfield, Bedingfield, Bernstein, Bingham, Bowen, Bowers, Branham, Brannon, G.A.Brown, R.L.Brown, Chumley, Clemmons, Clyburn, Cobb-Hunter, Cole, H.A.Crawford, K.R.Crawford, Crosby, Daning, Delleney, Dillard, Douglas, Edge, Erickson, Felder, Finlay, Forrester, Funderburk, Gagnon, Gambrell, George, Gilliard, Goldfinch, Govan, Hamilton, Hardee, Hardwick, Harrell, Hart, Hayes, Henderson, Herbkersman, Hiott, Hixon, Hodges, Horne, Hosey, Howard, Huggins, Jefferson, Kennedy, King, Knight, Limehouse, Loftis, Long, Lowe, Lucas, Mack, McCoy, McEachern, M.S.McLeod, W.J.McLeod, Merrill, Mitchell, D.C.Moss, V.S.Moss, Munnerlyn, Murphy, Nanney, Neal, Newton, Norman, Ott, Owens, Parks, Patrick, Pitts, Pope, Powers Norrell, Putnam, Quinn, Ridgeway, Riley, Rivers, Robinson-Simpson, Rutherford, Ryhal, Sabb, Sandifer, Sellers, Simrill, Skelton, G.M.Smith, J.E.Smith, J.R.Smith, Sottile, Southard, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Toole, Vick, Weeks, Wells, Whipper, White, Whitmire, Williams, Willis and Wood: A CONCURRENT RESOLUTION TO RECOGNIZE AND EXPRESS DEEP APPRECIATION TO THE INDEPENDENT COLLEGES AND UNIVERSITIES IN SOUTH CAROLINA DURING "INDEPENDENT COLLEGE AND UNIVERSITY WEEK" OF APRIL 15 THROUGH 19, 2013, AND ON "INDEPENDENT COLLEGE AND UNIVERSITY DAY" ON APRIL 17, 2013, FOR THEIR OUTSTANDING CONTRIBUTIONS IN EDUCATING THE YOUTH OF OUR STATE AND NATION.
Whereas, serving more than thirtyfour thousand students across our State, independent colleges and universities are dedicated to providing high quality, postsecondary educational opportunities; and
Whereas, these institutions have established an unparalleled record of excellence in teaching and nurturing students, adapting to ever evolving student needs, technological advances, and social trends while providing a full range of educational experiences; and
Whereas, independent colleges and universities in the Palmetto State share a common commitment to promoting critical thinking and creativity by preparing students for full lives, productive careers, and active citizenship; and
Whereas, the organization that represents twenty of these institutions of higher learning, South Carolina Independent Colleges and Universities, celebrates its sixtieth year as A Voice for Higher Education in South Carolina; and
Whereas, in recognition and appreciation for all of our State’s outstanding independent colleges and universities, Governor Nikki Haley has proclaimed April 15through 19, 2013, as “Independent College and University Week” in South Carolina and April 17, 2013, as “Independent College and University Day”; and
Whereas, the General Assembly, by this resolution, joins with Governor Haley in expressing deep appreciation to all these fine South Carolina institutions for their role in providing an outstanding, valuesbased education to students from all walks of life; and
Whereas, the General Assembly further encourages all South Carolinians to recognize the State’s independent colleges and universities for their positive contributions in ensuring South Carolina’s continued status as a leader in higher education. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the South Carolina General Assembly, by this resolution, recognize and express deep appreciation to the independent colleges and universities in South Carolina during “Independent College and University Week” of April 15through19, 2013, and on “Independent College and University Day” on April 17, 2013, for their outstanding contributions in educating the youth of our State and nation.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
INTRODUCTION OF BILLS
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 3802 -- Rep. Funderburk: A BILL TO AMEND SECTION 6-7-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TERMS OF AN AGREEMENT CREATING A REGIONAL COUNCIL OF GOVERNMENT, SO AS TO PROHIBIT THE AGREEMENT OR COUNCIL BYLAWS FROM CHARGING, ASSESSING, REQUIRING, OR DEMANDING AN INVOLUNTARY MEMBERSHIP FEE; AND TO AMEND SECTION 6-7-140, RELATING TO THE POWERS AND DUTIES OF REGIONAL COUNCILS OF GOVERNMENT, SO AS TO PROHIBIT A COUNCIL OF GOVERNMENT FROM CHARGING, ASSESSING, REQUIRING, OR DEMANDING AN INVOLUNTARY MEMBERSHIP FEE.
Referred to Committee on Ways and Means
H. 3803 -- Reps. Funderburk and Lucas: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-15-465 SO AS TO ALLOW SOUTH CAROLINA EMERGENCY RESPONDERS, INCLUDING FIREFIGHTERS, PUBLIC UTILITY WORKERS, LAW ENFORCEMENT PERSONNEL, EMERGENCY MEDICAL PERSONNEL, INSURANCE COMPANY CATASTROPHE RESPONSE PERSONNEL, OR SKILLED VOLUNTEERS WHO ARE DISPATCHED TO ASSIST WITH DISASTER RELIEF OR RECOVERY EFFORTS OUTSIDE THEIR COUNTY OF RESIDENCE TO HAVE THE OPPORTUNITY TO RECEIVE AND CAST ANY BALLOT THEY WOULD HAVE BEEN ELIGIBLE TO CAST HAD THEY REMAINED WITHIN THEIR COUNTY OF RESIDENCE.
Referred to Committee on Judiciary
H. 3804 -- Rep. Funderburk: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-1850 SO AS TO DEFINE NECESSARY TERMS, CREATE THE OFFENSE OF CYBERBULLYING, AND PROVIDE PENALTIES FOR VIOLATIONS.
Referred to Committee on Judiciary
ROLL CALL
The roll call of the House of Representatives was taken resulting as follows:
Allison / Anderson / AnthonyAtwater / Bales / Bannister
Barfield / Bedingfield / Bernstein
Bingham / Bowen / Brannon
R.L.Brown / Chumley / Clemmons
Clyburn / Cobb-Hunter / Cole
H.A.Crawford / K.R.Crawford / Crosby
Daning / Delleney / Dillard
Douglas / Edge / Felder
Finlay / Forrester / Funderburk
Gagnon / Gambrell / George
Gilliard / Goldfinch / Hamilton
Hardee / Hardwick / Harrell
Hayes / Henderson / Herbkersman
Hiott / Hixon / Hodges
Horne / Hosey / Howard
Huggins / Jefferson / Kennedy
King / Knight / Limehouse
Loftis / Long / Lowe
Lucas / Mack / McCoy
McEachern / Merrill / Mitchell
D.C.Moss / V.S.Moss / Munnerlyn
Murphy / Nanney / Neal
Newton / Norman / Ott
Owens / Parks / Patrick
Pitts / Pope / Powers Norrell
Putnam / Quinn / Ridgeway
Riley / Rivers / Robinson-Simpson
Rutherford / Ryhal / Sabb
Sandifer / Simrill / Skelton
G.M.Smith / G.R.Smith / J.R.Smith
Sottile / Southard / Spires
Stavrinakis / Tallon / Taylor
Toole / Weeks / Wells
Whipper / White / Whitmire
Williams / Willis / Wood
STATEMENT OF ATTENDANCE
I came in after the roll call and was present for the Session on Tuesday, March 12.
Nathan Ballentine / William BowersLester P. Branham / Mia S. McLeod
Walton J. McLeod / Bakari Sellers
James E. Smith / Ted Vick
Terry Alexander / Chris Hart
Tommy Stringer / Grady Brown
Jerry Govan
Total Present--121
LEAVE OF ABSENCE
The SPEAKER granted Rep. THAYER a leave of absence for the day due to medical reasons.
LEAVE OF ABSENCE
The SPEAKER granted Rep. STRINGER a temporary leave of absence.
LEAVE OF ABSENCE
The SPEAKER granted Rep. GOVAN a temporary leave of absence.
LEAVE OF ABSENCE
The SPEAKER granted Rep. ERICKSON a leave of absence for the day due to medical reasons.
DOCTOR OF THE DAY
Announcement was made that Dr. Richard Basaly of Georgetown was the Doctor of the Day for the General Assembly.
CO-SPONSORS ADDED
In accordance with House Rule 5.2 below:
"5.2Every 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 cosponsor 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 cosponsor 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 cosponsor’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.”
CO-SPONSOR ADDED
Bill Number: / H.3236Date: / ADD:
03/12/13 / W.J.MCLEOD
CO-SPONSORS ADDED
Bill Number: / H.3324Date: / ADD:
03/12/13 / WELLS, H.A.CRAWFORD, CLEMMONS, CHUMLEY, WOOD, NANNEY, HAMILTON, ATWATER, TOOLE, KENNEDY, SIMRILL, POPE, NORMAN, D.C.MOSS, HUGGINS, BINGHAM, QUINN, OWENS, BEDINGFIELD, G.M.SMITH, V.S.MOSS, LOFTIS, STRINGER, DANING, RIVERS, LONG, G.A.BROWN, MCCOY, G.R.SMITH, HIOTT, HARDEE, PATRICK, RYHAL, ALLISON, FORRESTER, EDGE, VICK, SOUTHARD, WILLIS, HAYES, GEORGE, GAMBRELL, LOWE, BOWEN, CROSBY, MERRILL, WHITMIRE, PUTNAM and MURPHY
CO-SPONSORS ADDED
Bill Number: / H.3584Date: / ADD:
03/12/13 / H.A.CRAWFORD and GAGNON
STATEMENT FOR THE JOURNAL
SouthCarolinaHouse EthicsCommittee
AdvisoryOpinion2013-2
AbstentionfromVotingBasedonPotentialConflictofInterest
Inaccordancewithsection8-13-700(B)oftheS.C.Code,Iabstainedfromvotingonthe advisoryopinion2013-2issuedbytheSouthCarolinaHouseEthicsCommitteeattheirfull committeemeetingonWednesday,March6,2013,inRoom511oftheBlatt Building. Furthermore,Iabstainedanddidnotparticipateinanydiscussionsonthisissueatthismeeting oranysubcommitteemeetingsatwhichthismatterwasdiscussedpriortothismeeting. Istated ontherecordineachofthesemeetingsthatIwasabstainingfromparticipationonthisissuedue toapotentialconflictofinterestrelatedtoapotentialeconomicbenefitundersection8-13-700(B). Outofanabundanceofprecaution,Iamalsoplacingmystatementofabstentionfrom votingintheHouseJournal.