TUESDAY, MARCH 9, 2010
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 Proverbs 28:2: “When a country is rebellious, it has many rulers; but a man of understanding and knowledge maintains order.”
Let us pray. Almighty God, in Your wisdom and caring for all Your people, look in favor on this Assembly, these Representatives and staff. Give them courage, integrity, strength, and wisdom to tackle the agenda and produce results. Bless our Nation, President, State, Governor, Speaker, and all who labor in these Halls of Government. Protect our defenders of freedom at home and abroad as they protect us. Hear us, O Lord, 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, the SPEAKER ordered it confirmed.
MOTION ADOPTED
Rep. KING moved that when the House adjourns, it adjourn in memory of former Representative Juanita Goggins of Rock Hill, which was agreed to.
SILENT PRAYER
The House stood in silent prayer for the family of former Representative Juanita Goggins of Rock Hill.
REPORTS OF STANDING COMMITTEE
Rep. DUNCAN, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report with amendments on:
H. 3913 -- Rep. Vick: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-5-1556 SO AS TO ESTABLISH SEASONAL CREEL AND SIZE LIMITS FOR STRIPED BASS IN THE INSHORE WATERS AND THE TERRITORIAL SEA; AND TO AMEND SECTION 50-13-221, RELATING TO STRIPED BASS IN THE LOWER SANTEE AND COOPER RIVERS, SO AS TO ESTABLISH SEASONAL CREEL AND SIZE LIMITS FOR STRIPED BASS IN CERTAIN FRESHWATER BODIES.
Ordered for consideration tomorrow.
Rep. DUNCAN, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report with amendments on:
H. 3996 -- Reps. M.A.Pitts and Umphlett: A BILL TO AMEND SECTION 50-9-1130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEDUCTION OF ACCUMULATED POINTS, SO AS TO REQUIRE THE DEPARTMENT OF NATURAL RESOURCES TO DEDUCT THREE ACCUMULATED POINTS FROM A PERSON'S RECORD UPON A SHOWING THAT THE PERSON SUCCESSFULLY COMPLETED A DEPARTMENT PROGRAM OF INSTRUCTION ESTABLISHED PURSUANT TO SECTION 50-9-310.
Ordered for consideration tomorrow.
Rep. DUNCAN, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report with amendments on:
H. 4015 -- Rep. Barfield: A BILL TO AMEND SECTION 50-5-1540, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NET PLACEMENTS, SO AS TO REDUCE THE MINIMUM DISTANCE REQUIRED BETWEEN NETS ON THE LITTLE PEE
DEE RIVER FROM SIX HUNDRED FEET TO SEVENTY-FIVE FEET.
Ordered for consideration tomorrow.
Rep. DUNCAN, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report with amendments on:
S. 1027 -- Senator McGill: A BILL TO AMEND CHAPTER 11, TITLE 50 OF THE 1976 CODE, BY ADDING SECTION 50-11-770 TO ENACT THE "RENEGADE HUNTER ACT", TO PROHIBIT USING DOGS TO HUNT ON PROPERTY WITHOUT PERMISSION OF THE LANDOWNER, AND TO PROVIDE APPROPRIATE PENALTIES.
Ordered for consideration tomorrow.
INTRODUCTION OF BILLS
The following Bills and Joint Resolution were introduced, read the first time, and referred to appropriate committees:
H. 4696 -- Rep. Bingham: A BILL TO AMEND SECTION 17-22-710, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ESTABLISHMENT OF A WORTHLESS CHECK UNIT, FEE SCHEDULES, ADMINISTRATIVE COSTS, AND DISBURSEMENT OF FUNDS COLLECTED, SO AS TO AUTHORIZE THE CIRCUIT SOLICITOR TO ESTABLISH THE WORTHLESS CHECK UNIT, REVISE THE FEE SCHEDULES, AND PROVIDE THAT PARTIAL FUNDS COLLECTED DO NOT PROHIBIT PROSECUTION FOR THE FULL AMOUNT OF A FRAUDULENT CHECK.
Referred to Committee on Judiciary
H. 4697 -- Rep. Lucas: A BILL TO AMEND SECTION 50-9-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DURATION OF HUNTING AND FISHING LICENSES, SO AS TO PROVIDE THAT THESE LICENSES ARE VALID FOR TWELVE MONTHS FROM THE DATE OF ISSUANCE, RATHER THAN FROM JULY FIRST THROUGH JUNE THIRTIETH.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs
H. 4698 -- Rep. J.R.Smith: A BILL TO AMEND SECTION 7-7-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN AIKEN COUNTY, SO AS TO REVISE AND RENAME CERTAIN PRECINCTS AND REDESIGNATE A MAP NUMBER ON WHICH LINES OF THESE PRECINCTS ARE DELINEATED AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICS OF THE STATE BUDGET AND CONTROL BOARD.
On motion of Rep. J.R.SMITH, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 4700 -- Rep. Hayes: A JOINT RESOLUTION TO PROVIDE FOR AN ADVISORY REFERENDUM TO BE HELD AT THE SAME TIME AS THE 2010 GENERAL ELECTION TO DETERMINE WHETHER OR NOT THE QUALIFIED ELECTORS OF DILLON COUNTY FAVOR HAVING THE DILLON COUNTY BOARD OF EDUCATION ELECTED.
On motion of Rep. HAYES, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.
H. 4701 -- Rep. Cooper: A BILL TO AMEND CHAPTER 1, TITLE 8 OF THE 1976 CODE, RELATING TO PUBLIC OFFICERS AND EMPLOYEES, BY ADDING SECTION 8-1-195, TO PROVIDE THAT IN ANY CIVIL CONSPIRACY LAWSUIT BROUGHT UPON A STATE EMPLOYEE, IF THE COURT FINDS THAT THE EMPLOYEE WAS ACTING WITHIN THE SCOPE OF THE EMPLOYEE'S OFFICIAL DUTIES, THE EMPLOYEE IS IMMUNE FROM SUIT, LIABILITY, AND DAMAGES FROM THE CIVIL CONSPIRACY CLAIM.
Referred to Committee on Ways and Means
H. 4702 -- Rep. J.E.Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 47-1-45 SO AS TO MAKE IT UNLAWFUL TO KNOWINGLY OR INTENTIONALLY CONFINE OR RESTRAIN AN ANIMAL IN A CRUEL MANNER OR KNOWINGLY OR INTENTIONALLY CAUSE SUCH CRUEL CONFINEMENT OR RESTRAINING OF AN ANIMAL, TO DEFINE CERTAIN TERMS IN REGARD TO THE ABOVE, TO PROVIDE PENALTIES FOR VIOLATION, AND TO PROVIDE THAT LOCAL GOVERNMENTS MAY ADOPT MORE STRINGENT LOCAL ORDINANCES GOVERNING THE CONFINEMENT OR RESTRAINING OF AN ANIMAL WITH CIVIL PENALTIES FOR VIOLATIONS.
Referred to Committee on Judiciary
H. 4703 -- Rep. J.E.Smith: A BILL TO AMEND SECTION 12-6-3587, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INCOME TAX CREDITS FOR THE PURCHASE AND INSTALLATION OF SOLAR ENERGY SYSTEMS SO AS TO INCREASE AND FURTHER PROVIDE FOR THE CREDIT IN REGARD TO RESIDENTIAL BUILDINGS, COMMERCIAL BUILDINGS AND FOR CREDITS IN REGARD TO OTHER USES AND PURPOSES OF THE CREDIT AND TO PROVIDE FOR THE GUIDELINES AND CRITERIA FOR EACH TYPE OF CREDIT.
Referred to Committee on Ways and Means
H. 4704 -- Rep. J.E.Smith: A BILL TO AMEND SECTION 30-1-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CRIMINAL PENALTY FOR FAILING TO DELIVER PUBLIC RECORDS AT THE EXPIRATION OF A PERSON'S TERM OF OFFICE OR EMPLOYMENT, SO AS TO DELETE THE PROVISION REQUIRING THAT A CERTIFIED LETTER BE DELIVERED TO THE PERSON HAVING CUSTODY OF THE RECORDS AND TO FURTHER SPECIFY THE TERMS OF THE CRIMINAL VIOLATION; TO AMEND SECTION 30-4-30, RELATING TO THE RIGHT OF A PERSON TO INSPECT OR COPY PUBLIC RECORDS, SO AS TO ESTABLISH THE MAXIMUM AMOUNT THAT CAN BE CHARGED FOR RESEARCHING AND COPYING RECORDS AND TO PROVIDE THAT UPON THE DETERMINATION THAT REQUESTED RECORDS ARE SUBJECT TO PUBLIC AVAILABILITY, THE RECORDS MUST BE PRODUCED AS SOON AS PRACTICABLE; AND BY ADDING SECTION 30-4-105 SO AS TO ESTABLISH A PRIVATE CAUSE OF ACTION TO ENFORCE THE PROVISIONS OF THE FREEDOM OF INFORMATION ACT THROUGH A NONJURY, EXPEDITED HEARING WHEN RECORDS ARE NOT PRODUCED WITHIN TWENTY DAYS OF THE REQUEST HAVING BEEN MADE AND TO PROVIDE THAT THE COURT
SHALL AWARD ATTORNEY FEES AND COURT COSTS IF THE PARTY SEEKING RELIEF PREVAILS.
Referred to Committee on Judiciary
H. 4705 -- Reps. Sandifer, Crawford, Lowe, Brady and Harvin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-297 SO AS TO ENACT THE "CANCER TREATMENT FAIRNESS ACT OF 2010", TO REQUIRE INDIVIDUAL AND GROUP HEALTH PLANS AND HEALTH INSURERS TO PROVIDE COVERAGE FOR PRESCRIBED, ORALLY ADMINISTERED CHEMOTHERAPY ON A BASIS NO LESS FAVORABLE THAN COVERAGE OFFERED FOR INTRAVENOUSLY ADMINISTERED OR INJECTED CHEMOTHERAPY.
Referred to Committee on Labor, Commerce and Industry
H. 4706 -- Rep. J.E.Smith: A BILL TO AMEND SECTION 32-8-320, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS WHO MAY SERVE AS A DECEDENT'S AGENT TO AUTHORIZE CREMATION, SO AS TO ALSO PERMIT A PERSON NAMED IN THE DECEDENT'S DD FORM 93 TO AUTHORIZE CREMATION IF THE DECEDENT SERVED IN THE MILITARY SERVICES IF THERE IS NO SUCH DESIGNATION IN THE WILL OR OTHER VERIFIED AND ATTESTED DOCUMENT OF THE DECEDENT.
Referred to Committee on Judiciary
CONCURRENT RESOLUTION
The following was introduced:
H. 4699 -- Reps. Haley, Ballentine, Bingham, Brantley, Chalk, Erickson, Frye, Herbkersman, Hodges, Huggins, McLeod, Ott, E.H.Pitts, Spires and Toole: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR JIM MANSHIP OF BEAUFORT COUNTY FOR UNCOMMON VALOR IN THE HEROIC RESCUE OF TWO WOMEN TRAPPED IN A SINKING CAR.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
ROLL CALL
The roll call of the House of Representatives was taken resulting as follows:
Agnew / Allen / AllisonAnderson / Anthony / Bales
Ballentine / Bannister / Barfield
Bedingfield / Bingham / Bowen
Bowers / Brady / Branham
Brantley / G.A.Brown / H.B.Brown
R.L.Brown / Cato / Clemmons
Clyburn / Cobb-Hunter / Cole
Cooper / Daning / Dillard
Duncan / Edge / Erickson
Forrester / Frye / Gambrell
Gilliard / Govan / Haley
Hamilton / Hardwick / Harrell
Hart / Harvin / Hayes
Hearn / Herbkersman / Hiott
Hodges / Horne / Howard
Huggins / Hutto / Jefferson
Kelly / King / Kirsh
Limehouse / Littlejohn / Loftis
Long / Lowe / Lucas
McEachern / McLeod / Merrill
Miller / Millwood / Mitchell
D.C.Moss / V.S.Moss / Nanney
J.H.Neal / J.M.Neal / Neilson
Norman / Ott / Owens
Parker / M.A.Pitts / Rice
Rutherford / Sandifer / Scott
Skelton / D.C.Smith / G.M.Smith
G.R.Smith / J.E.Smith / J.R.Smith
Sottile / Spires / Stavrinakis
Stewart / Stringer / Thompson
Toole / Umphlett / Weeks
White / Williams / Wylie
A.D.Young / T.R.Young
STATEMENT OF ATTENDANCE
I came in after the roll call and was present for the Session on Tuesday, March 9.
James Battle / Richard ChalkKris Crawford / Greg Delleney
Laurie Funderburk / Anton J. Gunn
James Harrison / Lonnie Hosey
Patsy Knight / Anne Parks
Lewis E. Pinson / Bakari Sellers
Ted Vick / Thad Viers
William R. "Bill" Whitmire / Kenneth Kennedy
Terry Alexander / David Mack
Douglas Jennings / Mark Willis
Total Present--121
LEAVE OF ABSENCE
The SPEAKER granted Rep. WILLIS a temporary leave of absence.
CO-SPONSORS ADDED
In accordance with House Rule 5.2 below:
"5.2 Every 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.3536Date: / ADD:
03/09/10 / MCLEOD
CO-SPONSORS ADDED
Bill Number: / H.4540Date: / ADD:
03/09/10 / BEDINGFIELD, NANNEY and G.R.SMITH
CO-SPONSOR ADDED
Bill Number: / H.4546Date: / ADD:
03/09/10 / HIOTT
CO-SPONSORS ADDED
Bill Number: / H.4607Date: / ADD:
03/09/10 / BEDINGFIELD, LOWE, BRADY, G.A.BROWN, PINSON and BOWERS
CO-SPONSOR ADDED
Bill Number: / H.4663Date: / ADD:
03/09/10 / STEWART
CO-SPONSOR ADDED
Bill Number: / H.4267Date: / ADD:
03/09/10 / SELLERS
H. 3561--DEBATE ADJOURNED
Rep. COOPER moved to adjourn debate upon the following Joint Resolution until Thursday, March 11, which was adopted:
H. 3561 -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE REVENUES FOR THE OPERATIONS OF STATE GOVERNMENT FOR FISCAL YEAR 2009-2010 TO SUPPLEMENT APPROPRIATIONS MADE FOR THOSE PURPOSES BY THE GENERAL APPROPRIATIONS ACT FOR FISCAL YEAR 2009-2010.
H. 3854--DEBATE ADJOURNED
Rep. COOPER moved to adjourn debate upon the following Bill until Thursday, March 11, which was adopted:
H. 3854 -- Rep. Cooper: A BILL TO AMEND TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAXATION, SO AS TO REVISE CERTAIN CHAPTERS AND SECTIONS PERTAINING TO VARIOUS TAX MATTERS.
H. 4520--DEBATE ADJOURNED
Rep. COOPER moved to adjourn debate upon the following Bill until Wednesday, March 10, which was adopted: