NO. 34
REGULAR SESSION BEGINNING TUESDAY, JANUARY 8, 2008
________
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 Philippians 2:14-15: "Do all things without murmuring and arguing--shine like stars in the world."
Let us pray. Heavenly Father, as You have called these individuals to service in Your kingdom, cause them to be obedient, knowing that You are working in them. Let them shine by doing all things without murmuring and arguing. By the power of Your spirit with us, and by our uncomplaining obedience, we can be lights to the world, both willing and able to work for the people in this State. Look in favor upon our Nation, President, State, Governor, Speaker, this Honorable Assembly, and all who serve in these Halls of Government. Protect our defenders of freedom at home and abroad as they protect us. Hear our prayer, O Lord. 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.
Rep. WEEKS moved that when the House adjourns, it adjourn in memory of Clifton Clark of Sumter, which was agreed to.
The House stood in silent prayer for Senator Lewis Vaughn who is undergoing surgery today.
On motion of Rep. LEACH, with unanimous consent, the following were taken up for immediate consideration and accepted:
March 5, 2008
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 SC Chiropractic Assoc. the members of the House of Representatives are invited to a breakfast. This event will be held on Thursday, April 3, 2008 from 7:30 a.m. until 9:30 a.m. at the Hilton.
Sincerely,
Nicki S. Davis
Executive Director
The following was introduced:
H. 4803 (Word version) -- Rep. Clemmons: A HOUSE RESOLUTION TO HONOR CARSON COX, OF HORRY COUNTY, FOR HIS OUTSTANDING RECORD OF VOLUNTEER SERVICE, PEER LEADERSHIP, AND COMMUNITY SPIRIT, AND TO CONGRATULATE HIM ON BEING NAMED WINNER OF A 2008 PRUDENTIAL SPIRIT OF COMMUNITY AWARD.
The Resolution was adopted.
The following was introduced:
H. 4804 (Word version) -- Reps. Duncan, M. A. Pitts, Taylor and Anthony: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE BRIDGE THAT CROSSES THE ENOREE RIVER ALONG SOUTH CAROLINA HIGHWAY 56 IN LAURENS AND UNION COUNTIES "THE BATTLE OF MUSGROVE'S MILL MEMORIAL BRIDGE" AND ERECT APPROPRIATE MARKERS AND SIGNS AT THIS BRIDGE THAT CONTAIN THE WORDS "THE BATTLE OF MUSGROVE'S MILL MEMORIAL BRIDGE".
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
On motion of Rep. DELLENEY, with unanimous consent, the following was taken up for immediate consideration:
H. 4805 (Word version) -- Reps. Delleney, W. D. Smith and F. N. Smith: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, MAY 21, 2008, AS THE TIME TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE COURT OF APPEALS, SEAT 3, TO FILL THE UNEXPIRED TERM WHICH EXPIRES JUNE 30, 2013; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE COURT OF APPEALS, SEAT 9, TO FILL THE UNEXPIRED TERM OF THAT OFFICE, WHICH EXPIRES JUNE 30, 2010, AND THE SUBSEQUENT FULL TERM WHICH EXPIRES JUNE 30, 2016; AND TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT, THIRTEENTH JUDICIAL CIRCUIT, SEAT 3, TO FILL THE UNEXPIRED TERM WHICH EXPIRES JUNE 30, 2010, AND THE SUBSEQUENT FULL TERM WHICH EXPIRES JUNE 30, 2016.
Be it resolved by the House of Representatives, the Senate concurring:
That the House of Representatives and the Senate shall meet in joint assembly in the Hall of the House of Representatives on Wednesday, May 21, 2008, at 12:00 Noon to elect a successor to the Honorable John W. Kittredge, Judge of the Court of Appeals, Seat 3, to fill the unexpired term which expires June 30, 2013; to elect a successor to the Honorable Ralph King Anderson, Jr., Judge of the Court of Appeals, Seat 9, upon his retirement on or before December 31, 2008, to fill the unexpired term which expires June 30, 2010, and the subsequent full term which expires June 30, 2016; and to elect a successor to the Honorable Aphrodite K. Konduros, Judge of the Family Court for the Thirteenth Judicial Circuit, Seat 3, to fill the unexpired term which expires June 30, 2010, and the subsequent full term which expires June 30, 2016.
Be it further resolved that all nominations must be made by the chairman of the Judicial Merit Selection Commission and that no further nominating or seconding speeches may be made by members of the General Assembly on behalf of any candidate.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4806 (Word version) -- Reps. Stavrinakis, Limehouse, Hagood and Miller: A HOUSE RESOLUTION TO RECOGNIZE AND COMMEND THE MEMBERS OF THE WANDO HIGH SCHOOL GIRLS TENNIS TEAM FOR AN UNDEFEATED SEASON, AND TO CONGRATULATE THE TEAM AND THE COACHES FOR SECURING THE 2007 CLASS AAAA STATE CHAMPIONSHIP TITLE.
The Resolution was adopted.
On motion of Rep. STAVRINAKIS, with unanimous consent, the following was taken up for immediate consideration:
H. 4807 (Word version) -- Reps. Stavrinakis, Limehouse, Hagood and Miller: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE WANDO HIGH SCHOOL GIRLS TENNIS TEAM, COACHES, AND SCHOOL OFFICIALS, AT A DATE AND TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF BEING RECOGNIZED AND COMMENDED FOR CAPTURING THE 2007 CLASS AAAA STATE CHAMPIONSHIP TITLE.
Be it resolved by the House of Representatives:
That the privilege of the floor of the South Carolina House of Representatives be extended to the Wando High School tennis team, coaches, and school officials, at a date and time to be determined by the Speaker, for the purpose of being recognized and commended for capturing the 2007 Class AAAA State Championship title.
The Resolution was adopted.
The following was introduced:
H. 4808 (Word version) -- Reps. Harvin, Agnew, Alexander, Allen, Anderson, Anthony, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bingham, Bowen, Bowers, Brady, Branham, Brantley, Breeland, G. Brown, R. Brown, Cato, Chalk, Clemmons, Clyburn, Cobb-Hunter, Coleman, Cooper, Cotty, Crawford, Dantzler, Davenport, Delleney, Duncan, Edge, Erickson, Frye, Funderburk, Gambrell, Govan, Gullick, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Hart, Haskins, Hayes, Herbkersman, Hiott, Hodges, Hosey, Howard, Huggins, Hutson, Jefferson, Jennings, Kelly, Kennedy, Kirsh, Knight, Leach, Limehouse, Littlejohn, Loftis, Lowe, Lucas, Mack, Mahaffey, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, Moss, Mulvaney, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rice, Rutherford, Sandifer, Scarborough, Scott, Sellers, Shoopman, Simrill, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Spires, Stavrinakis, Stewart, Talley, Taylor, Thompson, Toole, Umphlett, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Williams, Witherspoon and Young: A HOUSE RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES UPON THE DEATH OF TANINGRA PATRIESE FRIERSON-CAESAR, OF CLARENDON COUNTY, AND TO EXTEND THE DEEPEST SYMPATHY TO HER FAMILY AND MANY FRIENDS.
The Resolution was adopted.
The following was introduced:
H. 4809 (Word version) -- Reps. Hart, Agnew, Alexander, Allen, Anderson, Anthony, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bingham, Bowen, Bowers, Brady, Branham, Brantley, Breeland, G. Brown, R. Brown, Cato, Chalk, Clemmons, Clyburn, Cobb-Hunter, Coleman, Cooper, Cotty, Crawford, Dantzler, Davenport, Delleney, Duncan, Edge, Erickson, Frye, Funderburk, Gambrell, Govan, Gullick, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, Hiott, Hodges, Hosey, Howard, Huggins, Hutson, Jefferson, Jennings, Kelly, Kennedy, Kirsh, Knight, Leach, Limehouse, Littlejohn, Loftis, Lowe, Lucas, Mack, Mahaffey, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, Moss, Mulvaney, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rice, Rutherford, Sandifer, Scarborough, Scott, Sellers, Shoopman, Simrill, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Spires, Stavrinakis, Stewart, Talley, Taylor, Thompson, Toole, Umphlett, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Williams, Witherspoon and Young: A CONCURRENT RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY UPON THE DEATH OF HENRY ELIAS FRASIER, OF RICHLAND COUNTY, AND TO EXTEND THE DEEPEST SYMPATHY TO HIS FAMILY, CHURCH, MANY FRIENDS, AND COMMUNITY.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The Senate sent to the House the following:
S. 1166 (Word version) -- Senator Martin: A CONCURRENT RESOLUTION CONGRATULATING FRANCES LAVINIA PEEBLES BYARS ON THE OCCASION OF HER NINETIETH BIRTHDAY AND THANKING HER FOR HER INSPIRATION, STRONG MORALS, HARD WORK, AND DEDICATION TO HER CHURCH AND COMMUNITY THROUGHOUT THE YEARS.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The roll call of the House of Representatives was taken resulting as follows:
Alexander Allen Anthony Bales Ballentine Bannister Barfield Battle Bedingfield Bingham Bowen Bowers Brady Branham Brantley Breeland G. Brown R. Brown Cato Chalk Clyburn Cobb-Hunter Coleman Cooper Cotty Crawford Dantzler Delleney Duncan Edge Erickson Frye Gambrell Govan Gullick Hagood Haley Hamilton Hardwick Harrell Harrison Hart Harvin Haskins Hayes Herbkersman Hosey Howard Hutson Jefferson Kelly Kennedy Kirsh Knight Leach Limehouse Littlejohn Loftis Lowe Lucas Mack Mahaffey McLeod Merrill Miller Mitchell Moss Mulvaney J. M. Neal Neilson Ott Owens Parks Perry Phillips Pinson E. H. Pitts M. A. Pitts Rice Rutherford Sandifer Scarborough Scott Shoopman Simrill Skelton D. C. Smith F. N. Smith G. R. Smith J. R. Smith Spires Stavrinakis Stewart Talley Taylor Thompson Toole Umphlett Walker Weeks Whipper White Whitmire Williams Witherspoon Young
I came in after the roll call and was present for the Session on Wednesday, March 5.
Paul Agnew Laurie Funderburk Thad Viers Douglas Jennings Bakari Sellers Alan D. Clemmons Ted Vick G. Murrell Smith Ralph Davenport Carl Anderson Chip Huggins Joseph Neal
The SPEAKER granted Rep. W. D. SMITH a leave of absence for today and tomorrow due to official business.
The SPEAKER granted Rep. HODGES a leave of absence for the day.
The SPEAKER granted Rep. MOODY-LAWRENCE a leave of absence for the day.
Rep. VICK signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Tuesday, March 4.
I was unable to attend yesterday's Session, due to a medical procedure.
Rep. Creighton Coleman
Announcement was made that Dr. Benjamin Nicholson of Edgefield was the Doctor of the Day for the General Assembly.
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 co-sponsor 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 co-sponsor 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 co-sponsor'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."
Bill Number: H. 3912 (Word version)
Date: ADD:
03/05/08 BALES
Bill Number: H. 4594 (Word version)
Date: ADD:
03/05/08 BALES
Bill Number: H. 4601 (Word version)
Date: ADD:
03/05/08 WHIPPER
Bill Number: H. 4735 (Word version)
Date: ADD:
03/05/08 BEDINGFIELD
Bill Number: H. 4735 (Word version)
Date: ADD:
03/05/08 LEACH
Bill Number: H. 4735 (Word version)
Date: ADD:
03/05/08 BALES
Bill Number: H. 4735 (Word version)
Date: ADD:
03/05/08 WHIPPER
Bill Number: H. 4735 (Word version)
Date: ADD:
03/05/08 R. BROWN
Bill Number: H. 4620 (Word version)
Date: ADD:
03/05/08 VIERS
Bill Number: H. 4745 (Word version)
Date: ADD:
03/05/08 KNIGHT
Bill Number: H. 4762 (Word version)
Date: ADD:
03/05/08 R. BROWN
Bill Number: H. 4705 (Word version)
Date: ADD:
03/05/08 R. BROWN
Bill Number: H. 3094 (Word version)
Date: ADD:
03/05/08 CLEMMONS
The following Bill was taken up, read the third time, and ordered returned to the Senate with amendments:
S. 668 (Word version) -- Senator Alexander: A BILL TO AMEND SECTION 40-11-360, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM THE APPLICATION OF CHAPTER 11, TITLE 40 (CONTRACTORS LICENSING ACT), SO AS TO EXEMPT A PROJECT IF IT IS A METAL FARM BUILDING LESS THAN FIVE THOUSAND SQUARE FEET USED ONLY FOR LIVESTOCK OR STORAGE.
The following Bills and Joint Resolutions were taken up, read the third time, and ordered sent to the Senate:
H. 4350 (Word version) -- Rep. Chalk: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 29-5-26 SO AS TO DEFINE THE TERM "LANDSCAPE SERVICE" AND TO PROVIDE THAT A PERSON WHO PROVIDES A LANDSCAPE SERVICE ON A PARCEL OR REAL ESTATE BY VIRTUE OF AN AGREEMENT WITH THE OWNER OF THE REAL ESTATE, AND TO WHOM A DEBT IS DUE FOR HIS PERFORMANCE OF THE LANDSCAPING SERVICE, HAS A MECHANICS' LIEN ON THE REAL ESTATE TO SECURE PAYMENT OF DEBT DUE TO HIM.
H. 4065 (Word version) -- Rep. Harrison: A BILL TO AMEND SECTION 62-1-302, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO JURISDICTION OF THE PROBATE COURT, SO AS TO ADD THE WORD "GENERAL" BEFORE "PERSONAL REPRESENTATIVES" IN CONNECTION WITH FORMAL PROCEEDINGS FOR THEIR APPOINTMENT.
H. 3906 (Word version) -- Reps. Witherspoon and Moss: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-15-125 SO AS TO REQUIRE A DENTAL LABORATORY THAT PERFORMS DENTAL TECHNOLOGICAL WORK OUTSIDE OF THIS STATE TO EMPLOY A PERSON WHO IS REGISTERED BY THE STATE BOARD OF DENTISTRY TO AUTHORIZE SUCH WORK BASED ON THE PRESCRIPTION OF A DENTIST LICENSED IN THIS STATE, TO REQUIRE THE LABORATORY TO PROVIDE INFORMATION CONCERNING THE LOCATION IN WHICH THE WORK WAS PERFORMED, AND TO REQUIRE THE LABORATORY TO PROVIDE A LIST OF THE MATERIALS USED IN THE WORK; AND TO AMEND SECTION 40-15-280, RELATING TO WORK AUTHORIZATIONS FOR DENTAL TECHNOLOGICAL WORK, SO AS TO REQUIRE THE INVOICE FOR A PRESCRIPTION TO INCLUDE THE CERTIFICATE NUMBER OF THE PERSON EMPLOYED BY THE LABORATORY WHICH IS TO PERFORM THE WORK.
H. 4334 (Word version) -- Reps. J. M. Neal, Harrell, Clyburn, Haskins, Hosey, Cotty, Toole, Mahaffey, Moss, Mulvaney and Knight: A BILL TO AMEND SECTION 44-61-80, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REQUIREMENTS TO BE CERTIFIED AS AN EMERGENCY MEDICAL TECHNICIAN, SO AS TO ALSO REQUIRE AN APPLICANT TO UNDERGO A CRIMINAL RECORDS CHECK FOR CERTIFICATION AND FOR RENEWAL OF CERTIFICATION.
H. 3803 (Word version) -- Reps. Haley and Kirsh: A BILL TO AMEND SECTION 40-13-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF THE PROFESSION OF COSMETOLOGY, SO AS TO DELETE REFERENCES TO CERTAIN PRACTICES THAT CONSTITUTE THE PRACTICE OF COSMETOLOGY.
H. 4767 (Word version) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO STANDARDS FOR LICENSING NURSING HOMES, DESIGNATED AS REGULATION DOCUMENT NUMBER 3134, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 3395 (Word version) -- Reps. Funderburk, Toole, Stavrinakis and Sandifer: A JOINT RESOLUTION TO PROVIDE THAT THE SOUTH CAROLINA ENERGY OFFICE AND THE OFFICE OF REGULATORY STAFF SHALL PROVIDE A REPORT TO THE GENERAL ASSEMBLY NOT LATER THAN OCTOBER 1, 2007, THAT RECOMMENDS PROCESS AND PROCEDURES FOR ESTABLISHING NET METERING PROGRAMS AT ALL DISTRIBUTION ELECTRIC UTILITIES IN SOUTH CAROLINA, INCLUDING INVESTOR-OWNED ELECTRIC UTILITIES, ELECTRIC COOPERATIVES, MUNICIPAL-OWNED ELECTRIC UTILITIES, AND THE SOUTH CAROLINA PUBLIC SERVICE AUTHORITY.
The following Bill was taken up:
H. 4345 (Word version) -- Reps. W. D. Smith and Harrison: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-60-515 SO AS TO PROVIDE THAT UNDER THE STATE REVENUE APPEALS PROCEDURE, A TAXPAYER IS CONSIDERED TO HAVE EXHAUSTED HIS PREHEARING REMEDY WHEN THE DEPARTMENT OF REVENUE FAILS TO ISSUE A PROPOSED ASSESSMENT OR DETERMINATION WITHIN A SPECIFIED PERIOD, TO PROVIDE THAT THE TAXPAYER MUST REQUEST A CONTESTED CASE HEARING BEFORE THE ADMINISTRATIVE LAW COURT WITHIN A SPECIFIED PERIOD, TO PROVIDE THAT THE ADMINISTRATIVE LAW COURT MAY REMAND THE CASE TO THE DEPARTMENT OF REVENUE FOR A PROPOSED ASSESSMENT, DETERMINATION ON A REFUND CLAIM, OR FINAL AGENCY DETERMINATION, IN CERTAIN CIRCUMSTANCES, TO PROVIDE THAT A TAXPAYER MAY REQUEST THE ADMINISTRATIVE LAW COURT PLACE THE CONTESTED CASE BACK ON THE COURT'S ACTIVE DOCKET WITHIN A SPECIFIED PERIOD, AND TO REQUIRE THE DEPARTMENT OF REVENUE NOTIFY A TAXPAYER WHO FILES A WRITTEN PROTEST UNDER THIS CHAPTER OF HIS RIGHTS UNDER THIS SECTION.
Rep. ERICKSON demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Alexander Allen Anthony Bales Ballentine Bannister Barfield Battle Bedingfield Bingham Bowen Bowers Brady Branham Brantley Breeland G. Brown Cato Chalk Clemmons Clyburn Coleman Cooper Cotty Crawford Dantzler Delleney Duncan Erickson Frye Funderburk Govan Gullick Hagood Haley Hamilton Hardwick Harrell Harrison Hart Harvin Haskins Hayes Herbkersman Hosey Hutson Jefferson Jennings Kelly Kirsh Knight Leach Limehouse Littlejohn Loftis Lucas Mahaffey McLeod Merrill Miller Mitchell Moss Mulvaney J. M. Neal Neilson Ott Owens Perry Phillips Pinson E. H. Pitts M. A. Pitts Rice Sandifer Scarborough Scott Sellers Shoopman Simrill Skelton D. C. Smith F. N. Smith G. R. Smith J. R. Smith Spires Stavrinakis Talley Taylor Thompson Umphlett Viers Weeks Whipper White Whitmire Witherspoon Young
Those who voted in the negative are:
So, the Bill was read the third time and ordered sent to the Senate.
The following Bill and Joint Resolution were read the third time, passed and, having received three readings in both Houses, it was ordered that the title of each be changed to that of an Act, and that they be enrolled for ratification:
S. 1005 (Word version) -- Senators Lourie, Scott, Courson, Jackson, Fair, Malloy, Anderson, Campbell, Hutto, Massey, Matthews, Ritchie and Knotts: A BILL TO AMEND SECTION 44-43-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AGE RESTRICTIONS FOR BLOOD DONORS, SO AS TO PROVIDE A PERSON SIXTEEN YEARS OF AGE MAY DONATE BLOOD WITH THE CONSENT OF HIS PARENT OR GUARDIAN.
S. 1109 (Word version) -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BUDGET AND CONTROL BOARD, RELATING TO DATA REPORTING REQUIREMENTS PERTAINING TO SOUTH CAROLINA HOSPITALS, DESIGNATED AS REGULATION DOCUMENT NUMBER 3179, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
The following Joint Resolution was taken up:
H. 4620 (Word version) -- Reps. Harrell, Harrison, Cato, Hagood, Howard, W. D. Smith, Walker, White, Stavrinakis, Bedingfield, G. R. Smith, Hart and Viers: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 7, ARTICLE VI, CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE CONSTITUTIONAL OFFICERS OF THIS STATE, SO AS TO DELETE THE ADJUTANT GENERAL, COMMISSIONER OF AGRICULTURE, SECRETARY OF STATE, AND SUPERINTENDENT OF EDUCATION FROM THE LIST OF STATE OFFICERS WHICH THE CONSTITUTION REQUIRES TO BE ELECTED AND PROVIDE THAT UPON THE EXPIRATION OF THE TERMS OF THESE OFFICERS SERVING IN OFFICE ON THE DATE OF THE RATIFICATION OF THIS PROVISION, THEY MUST BE APPOINTED BY THE GOVERNOR, UPON THE ADVICE AND CONSENT OF THE GENERAL ASSEMBLY, TO SERVE AT HIS PLEASURE AND TO BE REMOVABLE BY HIM FOR ANY REASON; PROPOSING AN AMENDMENT TO SECTION 4, ARTICLE XIII, RELATING TO THE ADJUTANT GENERAL AND HIS STAFF OFFICERS, SO AS TO UPDATE REFERENCES TO HIS TITLE AND MILITARY RANK, AND TO PROVIDE THAT UPON THE EXPIRATION OF THE TERM OF THE ADJUTANT GENERAL SERVING IN OFFICE ON THE DATE OF THE RATIFICATION OF THIS PROVISION, HE MUST BE APPOINTED BY THE GOVERNOR IN THE MANNER REQUIRED BY SECTION 7, ARTICLE VI; AND PROPOSING AN AMENDMENT TO SECTION 1, ARTICLE XI, RELATING TO THE STATE BOARD OF EDUCATION, SO AS TO ABOLISH THE BOARD EFFECTIVE UPON THE STATE SUPERINTENDENT OF EDUCATION BEING APPOINTED BY THE GOVERNOR.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. It is proposed that Section 7, Article VI of the Constitution of this State be amended by adding the following new paragraph at the end:
"Beginning upon the expiration of the term of the Adjutant General serving in office on the date of the ratification of the provisions of this paragraph, the Adjutant General must be appointed by the Governor, upon the advice and consent of the General Assembly, to serve at his pleasure and to be removable by him for any reason."
SECTION 2. It is proposed that Section 4, Article XIII of the Constitution of this State be amended to read:
"Section 4. There shall must be an Adjutant and Inspector General elected by the qualified electors of the State at the same time and in the same manner as other state officers, who shall rank as Brigadier Major General, and whose duties and compensation shall be are prescribed by law. The Governor shall, by and with the advice and consent of the Senate, shall appoint such other staff officers as the General Assembly may direct.
Beginning upon the expiration of the term of the Adjutant General serving in office on the date of the ratification of the provisions of this paragraph, the Adjutant General must be appointed by the Governor in the manner provided in Section 7, Article VI."
SECTION 3. The proposed amendments in Sections 1 and 2 must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:
"Must Section 7, Article VI of the Constitution of this State relating to state constitutional officers and Section 4, Article XIII relating to the Adjutant General and his staff officers be amended so as to update references to his title and military rank, delete the Adjutant General from the list of state officers which the Constitution requires to be elected, and provide that upon the expiration of the term of the Adjutant General serving in office on the date of the ratification of this provision, the Adjutant General must be appointed by the Governor, upon the advice and consent of the General Assembly, to serve at his pleasure and to be removable by him for any reason?
Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes' and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."
SECTION 4. It is proposed that Section 7, Article VI of the Constitution of this State be amended by adding the following new paragraph at the end:
"Beginning upon the expiration of the term of the Commissioner of Agriculture serving in office on the date of the ratification of the provisions of this paragraph, the Commissioner of Agriculture must be appointed by the Governor, upon the advice and consent of the General Assembly, to serve at his pleasure and to be removable by him for any reason."
SECTION 5. The proposed amendment in Section 4 must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:
"Must Section 7, Article VI of the Constitution of this State relating to state constitutional officers be amended so as to delete the Commissioner of Agriculture from the list of state officers which the Constitution requires to be elected and provide that upon the expiration of the term of the Commissioner of Agriculture serving in office on the date of the ratification of this provision, the commissioner must be appointed by the Governor, upon the advice and consent of the General Assembly, to serve at his pleasure and to be removable by him for any reason?
Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes' and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."
SECTION 6. It is proposed that Section 7, Article VI of the Constitution of this State be amended by adding the following new paragraph at the end:
"Beginning upon the expiration of the term of the Secretary of State serving in office on the date of the ratification of the provisions of this paragraph, the Secretary of State must be appointed by the Governor, upon the advice and consent of the General Assembly, to serve at his pleasure and to be removable by him for any reason."
SECTION 7. The proposed amendment in Section 6 must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:
"Must Section 7, Article VI of the Constitution of this State relating to state constitutional officers be amended so as to delete the Secretary of State from the list of state officers which the Constitution requires to be elected and provide that upon the expiration of the term of the Secretary of State serving in office on the date of the ratification of this provision, the Secretary of State must be appointed by the Governor, upon the advice and consent of the General Assembly, to serve at his pleasure and to be removable by him for any reason?
Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes' and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."
Superintendent of Education and
State Board of Education
SECTION 8. It is proposed that Section 7, Article VI of the Constitution of this State be amended by adding the following new paragraph at the end:
"Beginning upon the expiration of the term of the Superintendent of Education serving in office on the date of the ratification of the provisions of this paragraph, the Superintendent of Education must be appointed by the Governor, upon the advice and consent of the General Assembly, to serve at his pleasure and to be removable by him for any reason."
SECTION 9. The proposed amendment in Section 8 must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:
"Must Section 7, Article VI of the Constitution of this State relating to state constitutional officers be amended so as to delete the Superintendent of Education from the list of state officers which the Constitution requires to be elected and provide that upon the expiration of the term of the Superintendent of Education serving in office on the date of the ratification of this provision, the superintendent must be appointed by the Governor, upon the advice and consent of the General Assembly, to serve at his pleasure and to be removable by him for any reason?
Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes' and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."
SECTION 10. It is proposed that Section 1, Article XI of the Constitution of this State be amended by adding the following new paragraph at the end:
"Effective upon the State Superintendent of Education being appointed by the Governor as provided in this Constitution, the State Board of Education is abolished."
SECTION 11. The proposed amendment in Section 10 must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:
"Must Section 1, Article XI of the Constitution of this State, relating to the State Board of Education, be amended so as to abolish the board effective upon the State Superintendent of Education being appointed by the Governor?
Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes' and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."
Reps. OTT, WHIPPER, SELLERS, WEEKS, MERRILL, KNIGHT, COBB-HUNTER, FRYE, BINGHAM, COTTY, SANDIFER, UMPHLETT, HOSEY, CLYBURN, OWENS, JENNINGS, MCLEOD, BOWEN, HART, JEFFERSON, R. BROWN, VICK, STAVRINAKIS, BEDINGFIELD, J. R. SMITH, STEWART, LEACH, SHOOPMAN, ALLEN, BRANTLEY, F. N. SMITH, MACK, DAVENPORT, ANTHONY, WITHERSPOON, HASKINS, HARDWICK, MITCHELL, CRAWFORD, LOWE, YOUNG, BREELAND and DUNCAN requested debate on the Joint Resolution.
The following Bill was taken up:
H. 4601 (Word version) -- Reps. W. D. Smith, Cobb-Hunter, Talley, Hagood, Scott, Viers, Mitchell, Clemmons and Whipper: A BILL TO AMEND SECTION 16-3-1180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VICTIMS' COMPENSATION AWARDS, SO AS TO ALLOW THE CRIME VICTIM'S ADVISORY BOARD TO AUTHORIZE ADDITIONAL COUNSELING FOR VICTIMS BASED ON DOCUMENTED NEED; TO AMEND SECTION 16-3-1230, AS AMENDED, RELATING TO CRIME VICTIMS' COMPENSATION CLAIMS, SO AS TO ALLOW CLAIM SUBMISSION VIA FACSIMILE OR OTHER ELECTRONIC MEANS; TO AMEND ARTICLE 14, CHAPTER 3 OF TITLE 16, RELATING TO THE VICTIM/WITNESS ASSISTANCE PROGRAM, SO AS TO RESTRUCTURE THE PROGRAM SO AS TO EMPOWER THE STATE OFFICE OF VICTIM ASSISTANCE TO PROVIDE CERTAIN SERVICES CURRENTLY PROVIDED BY THE VICTIM COMPENSATION FUND, TO RESTRUCTURE THE VICTIMS' SERVICES TO BE PROVIDED, TO CREATE THE VICTIM SERVICES COORDINATING COUNCIL AND PROVIDE FOR ITS MEMBERSHIP, AND TO CREATE THE OFFICE OF VICTIM SERVICES EDUCATION AND CERTIFICATION WITHIN THE OFFICE OF THE CRIME VICTIMS' OMSBUDSMAN AND ESTABLISH CERTIFICATION AND CONTINUING EDUCATION REQUIREMENTS FOR VICTIM SERVICE PROVIDERS; AND BY ADDING SECTION 16-3-1680 SO AS TO AUTHORIZE THE CRIME VICTIMS' OMSBUDSMAN TO PROMULGATE NECESSARY REGULATIONS.
Rep. WHITE proposed the following Amendment No. 2 (Doc Name COUNCIL\MS\7550AHB08), which was adopted:
Amend the bill, as and if amended, by deleting in its entirety Section 16-3-1180(A)(1), as contained in SECTION 1, and inserting:
/ "(1) reasonable and customary charges as periodically determined by the board for medical services, including mental health counseling, required and rendered as a direct result of the injury on which the claim is based, as long as these services are rendered by a licensed professional. Payment for mental health counseling is limited to the number of sessions during a one hundred eighty-day-period beginning on the date of the first counseling session or twenty sessions, whichever is greater;. Upon recommendation of the director, the board may allow victims who max out the current benefit of twenty mental health counseling sessions to request up to an additional twenty sessions for a total of forty sessions;" /
Renumber sections to conform.
Amend title to conform.
Rep. WHITE explained the amendment.
The amendment was then adopted.
Rep. WHITE proposed the following Amendment No. 3 (Doc Name COUNCIL\MS\7549AHB08), which was adopted:
Amend the bill, as and if amended, by deleting in its entirety Section 16-3-1400, as contained in SECTION 3, and inserting:
/ Section 16-3-1400. For the purpose of this article,:
(1) 'victim service provider' means a person charged through his job description with providing direct services to victims of crime; and
(2) 'witness' means any person who has been or is expected to be summoned to testify for either the prosecution or the defense or who by reason of having relevant information is subject to call or likely to be called as a witness for the prosecution or defense, whether or not any action or proceeding has yet been commenced. /
Renumber sections to conform.
Amend title to conform.
Rep. WHITE explained the amendment.
The amendment was then adopted.
Rep. WHITE moved to adjourn debate on the Bill, which was agreed to.
The following Joint Resolution was taken up:
H. 4578 (Word version) -- Reps. Harrison, Hagood, Talley, W. D. Smith and G. R. Smith: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE VIII OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, BY ADDING SECTION 19 SO AS TO AUTHORIZE THE GENERAL ASSEMBLY, BY SPECIAL OR LOCAL LAW, TO ABOLISH A SPECIAL OR PUBLIC SERVICE DISTRICT AND TRANSFER ITS ASSETS AND LIABILITIES TO AN ASSUMING SERVICE PROVIDER.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. It is proposed that Article VIII of the Constitution of this State be amended by adding:
"Section 19. (A) For purposes of this section, 'special or public service district' and 'assuming service provider' are as defined by the General Assembly by general law.
(B) Notwithstanding another provision of this Constitution, the General Assembly, by special or local law, may abolish a special or public service district created by the General Assembly, by local or special law, and transfer its assets and liabilities to an assuming service provider."
SECTION 2. The proposed amendment must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:
"Must Article VIII of the Constitution of this State be amended by adding Section 19 so as to authorize the General Assembly, by local or special law, to abolish a special or public service district and transfer its assets and liabilities to an assuming service provider?
Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."
Rep. HAGOOD explained the Joint Resolution.
Reps. RICE, CHALK, COTTY, SKELTON, UMPHLETT, DANTZLER, OWENS, WHITE, FUNDERBURK, SCOTT, SANDIFER, PINSON, KNIGHT, ANDERSON, MILLER, MAHAFFEY, HARDWICK, BRANTLEY, DAVENPORT, SHOOPMAN, BANNISTER, CATO, HASKINS and J. R. SMITH requested debate on the Bill.
The following Bill was taken up:
S. 110 (Word version) -- Senators Thomas, Elliott, Knotts and Ford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY DESIGNATING THE EXISTING SECTIONS OF CHAPTER 22, TITLE 17 AS ARTICLE 1 AND BY ADDING ARTICLE 3 SO AS TO ENACT THE "UNIFORM EXPUNGEMENT OF CRIMINAL RECORDS ACT", TO PROVIDE A PROCEDURE WHICH MUST BE FOLLOWED REGARDING APPLICATIONS FOR EXPUNGEMENT OF ALL CRIMINAL RECORDS, AND TO AUTHORIZE EACH SOLICITOR'S OFFICE IN THE STATE TO ADMINISTER THE PROCEDURE.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\MS\7533AHB08):
Amend the bill, as and if amended, by deleting Section 17-22-310, as contained in SECTION 3, pages 1 and 2, and inserting:
/ Section 17-22-310. Applications for expungement of all criminal records must be administered by the solicitor's office in each circuit in the State as authorized pursuant to:
(1) Section 34-11-90(e), first offense misdemeanor fraudulent check;
(2) Section 44-53-450(b), conditional discharge for simple possession of marijuana or hashish;
(3) Section 22-5-910, first offense conviction in magistrates court;
(4) Section 22-5-920, Youthful Offender Act;
(5) Section 56-5-750(f), first offense failure to stop when signaled by a law enforcement vehicle;
(6) Section 17-22-150(a), pretrial intervention;
(7) Section 17-1-40, criminal records destruction;
(8) Section 20-7-8525, juvenile expungements;
(9) Section 17-22-530(a), alcohol education program; and
(10) any other statutory authorization. /
Amend the bill further, by deleting Section 17-22-350(A), as contained in SECTION 3, page 2, lines 37 through 41, and inserting:
/ Section 17-22-350. (A) The solicitor's office shall implement policies and procedures consistent with this article to ensure that the expungement process is properly conducted. This includes, but is not limited to: /
Amend the bill further, by deleting Section 17-22-350(C), as amended in SECTION 3, page 3, lines 28 through 34, and inserting:
/ (C) In cases when charges are sought to be expunged pursuant to Section 17-22-150(a), 17-22-530(a), 22-5-910, or 44-53-450(b), the circuit pretrial intervention director, alcohol education program director, or summary court judge shall attest by signature on the application to the eligibility of the charge for expungement before either the solicitor or his designee and then the circuit court judge, or the family court judge in the case of a juvenile, signs the application for expungement. /
Amend the bill further, by deleting Section 17-22-350(I) and (J), as contained in SECTION 3, page 5, lines 5 through 12, and inserting:
/ (I) The solicitor or his designee has the discretion to waive the two-hundred-fifty-dollar fee only in those cases when it is determined that a person has been falsely accused of a crime as a result of identity theft.
(J) Each solicitor's office shall maintain a record of all fees collected related to the expungement of criminal records, which must be made available to the chairmen of the House and Senate Judiciary Committees." /
Amend the bill further, by deleting SECTION 6 in its entirety and inserting:
/ SECTION 6. Chapter 1, Title 17 of the 1976 Code is amended by adding:
"Section 17-1-45. South Carolina Court Administration shall include on all bond paperwork and courtesy summons the following notice:
'If the charges that have been brought against you are discharged, dismissed, or nol prossed or if you are found not guilty, you may file an application with the circuit solicitor to have your record expunged, at no cost to you, for one year after the date of disposition of your case.'"
SECTION 7. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Rep. G. M. SMITH explained the amendment.
Reps. WHIPPER, CRAWFORD, MACK, G. R. SMITH, OTT, HAYES, J. R. SMITH, BEDINGFIELD, BREELAND, CLEMMONS, BANNISTER, YOUNG, LOWE, HOSEY, UMPHLETT, TOOLE, SCOTT, ANTHONY and COTTY requested debate on the Bill.
Rep. CATO moved that the House recur to the Morning Hour, which was agreed to.
The following Bill was taken up:
H. 4601 (Word version) -- Reps. W. D. Smith, Cobb-Hunter, Talley, Hagood, Scott, Viers, Mitchell, Clemmons and Whipper: A BILL TO AMEND SECTION 16-3-1180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VICTIMS' COMPENSATION AWARDS, SO AS TO ALLOW THE CRIME VICTIM'S ADVISORY BOARD TO AUTHORIZE ADDITIONAL COUNSELING FOR VICTIMS BASED ON DOCUMENTED NEED; TO AMEND SECTION 16-3-1230, AS AMENDED, RELATING TO CRIME VICTIMS' COMPENSATION CLAIMS, SO AS TO ALLOW CLAIM SUBMISSION VIA FACSIMILE OR OTHER ELECTRONIC MEANS; TO AMEND ARTICLE 14, CHAPTER 3 OF TITLE 16, RELATING TO THE VICTIM/WITNESS ASSISTANCE PROGRAM, SO AS TO RESTRUCTURE THE PROGRAM SO AS TO EMPOWER THE STATE OFFICE OF VICTIM ASSISTANCE TO PROVIDE CERTAIN SERVICES CURRENTLY PROVIDED BY THE VICTIM COMPENSATION FUND, TO RESTRUCTURE THE VICTIMS' SERVICES TO BE PROVIDED, TO CREATE THE VICTIM SERVICES COORDINATING COUNCIL AND PROVIDE FOR ITS MEMBERSHIP, AND TO CREATE THE OFFICE OF VICTIM SERVICES EDUCATION AND CERTIFICATION WITHIN THE OFFICE OF THE CRIME VICTIMS' OMSBUDSMAN AND ESTABLISH CERTIFICATION AND CONTINUING EDUCATION REQUIREMENTS FOR VICTIM SERVICE PROVIDERS; AND BY ADDING SECTION 16-3-1680 SO AS TO AUTHORIZE THE CRIME VICTIMS' OMSBUDSMAN TO PROMULGATE NECESSARY REGULATIONS.
Rep. WHITE proposed the following Amendment No. 4 (Doc Name COUNCIL\MS\7554AHB08), which was adopted:
Amend the bill, as and if amended, by deleting Section 16-3-1410(A), as contained in SECTION 3, lines 4 through 7, and inserting:
/ (A) The Victim Compensation Fund is authorized to provide the following victim assistance services, contingent upon an appropriation of funds therefor by the General Assembly the availability of funds: /
Renumber sections to conform.
Amend title to conform.
Rep. WHITE explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Joint Resolution was taken up:
H. 4735 (Word version) -- Reps. Harrell, Cato, Funderburk, Loftis, Sandifer, Thompson, Owens, Harvin, Bedingfield, Leach, Bales, Whipper and R. Brown: A JOINT RESOLUTION TO DIRECT THE SOUTH CAROLINA EDUCATIONAL TELEVISION NETWORK TO MAKE ALL NECESSARY FILINGS WITH THE FEDERAL COMMUNICATIONS COMMISSION AS SOON AS PRACTICABLE, TO INDICATE AN INTENTION TO RETAIN LICENSES CURRENTLY OPERATED BY THE EDUCATIONAL TELEVISION NETWORK AND AN INTENTION TO FORM A PUBLIC/PRIVATE PARTNERSHIP TO COMPLETE THE NECESSARY TRANSITION FROM AN ANALOG TO DIGITAL SYSTEM, AND TO DIRECT THE STATE BUDGET AND CONTROL BOARD TO HIRE A NATIONALLY-RECOGNIZED TELECOMMUNICATIONS CONSULTANT TO ASSIST WITH THE DEVELOPMENT OF A REQUEST FOR PROPOSAL AND AN ANALYSIS OF VARIOUS BUSINESS MODELS FOR THE LEASING OF EXCESS CAPACITY ON THE SPECTRUM AND TO PROVIDE AN ESTIMATE OF THE VALUE OF LICENSES OPERATED BY THE EDUCATIONAL TELEVISION NETWORK.
The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\DT\27106BB08), which was adopted:
Amend the joint resolution, as and if amended, by striking all after the enacting clause and inserting:
/SECTION 1. The Educational Television Network is directed to make all necessary filings with the Federal Communications Commission as soon as practicable to indicate an intention to retain licenses currently operated by the Educational Television Network and an intention to form a public/private partnership to complete the necessary transition from an analog to digital system. However, Educational Television Network may not sell, lease, or otherwise alienate or obligate telecommunications and information technology infrastructure of the State until provided for by the General Assembly.
SECTION 2. The executive director of the State Budget and Control Board is directed to hire, using funds from approved accounts of the Department of Commerce, a nationally-recognized telecommunications consultant to provide an estimate of the value of licenses operated by the Educational Television Network, to analyze various business models for the leasing of excess capacity on the spectrum, and to analyze the feasibility of a wireless cloud over all public school facilities. The hiring of the consultant is excepted from the provisions of the South Carolina Consolidated Procurement Code. The consultant must be hired by April 1, 2008, and must make available an official report of its findings to the General Assembly by May 1, 2008.
SECTION 3. This joint resolution takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
Rep. SANDIFER explained the amendment.
The amendment was then adopted.
Rep. LOFTIS proposed the following Amendment No. 2 (Doc Name COUNCIL\DT\27112BB08), which was adopted:
Amend the joint resolution, as and if amended, by deleting all after the enacting words and inserting:
/SECTION 1. The Educational Television Network is directed to make all necessary filings with the Federal Communications Commission as soon as practicable to indicate an intention to retain licenses currently operated by the Educational Television Network and an intention to form a public/private partnership to complete the necessary transition from an analog to digital system. However, Educational Television Network may not sell, lease, or otherwise alienate or obligate telecommunications and information technology infrastructure of the State until provided for by the General Assembly.
SECTION 2. The executive director of the State Budget and Control Board is directed to hire, using funds from approved accounts of the Department of Commerce, a nationally-recognized telecommunications consultant to provide an estimate of the value of licenses operated by the Educational Television Network, to assist with the development of a request for proposal, to analyze various business models for the leasing of excess capacity on the spectrum, and to analyze the feasibility of a wireless cloud over all public school facilities. The hiring of the consultant is excepted from the provisions of the South Carolina Consolidated Procurement Code. The consultant must be hired by April 1, 2008, and must make available an official report of its findings to the General Assembly by May 1, 2008.
SECTION 3. This joint resolution takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
Rep. LOFTIS explained the amendment.
The amendment was then adopted.
The Joint Resolution, as amended, was read the second time and ordered to third reading.
The following Bill was taken up:
H. 4707 (Word version) -- Rep. Haskins: A BILL TO PROVIDE THAT GREENVILLE COUNTY PUBLIC SCHOOLS MUST PUBLISH NUTRITION INFORMATION FOR ALL FOOD SERVICE OPTIONS IN ANY DISSEMINATION OF INFORMATION THAT INCLUDES SCHOOL MENU OPTIONS.
Rep. F. N. SMITH moved to recommit the Bill to the Greenville Delegation.
Rep. RICE moved to table the motion, which was rejected by a division vote of 7 to 7.
The question then recurred to the motion to recommit the Bill, which was rejected by a division vote of 6 to 7.
Rep. HASKINS moved to continue the Bill, which was agreed to.
The following Bill was taken up:
H. 4800 -- Ways and Means Committee: A BILL TO MAKE APPROPRIATIONS AND TO PROVIDE REVENUES TO MEET THE ORDINARY EXPENSES OF STATE GOVERNMENT FOR THE FISCAL YEAR BEGINNING JULY 1, 2008, TO REGULATE THE EXPENDITURE OF SUCH FUNDS, AND TO FURTHER PROVIDE FOR THIS OPERATION OF STATE GOVERNMENT DURING THIS FISCAL YEAR AND FOR OTHER PURPOSES.
Rep. COOPER made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Joint Resolution was taken up:
H. 4801 (Word version) -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 2007-2008.
Rep. COOPER made the Point of Order that the Joint Resolution was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
Rep. WALKER asked unanimous consent to recall H. 3980 (Word version) from the Committee on Judiciary.
Rep. F. N. SMITH objected.
Rep. KENNEDY asked unanimous consent to recall H. 3262 (Word version) from the Committee on Education and Public Works.
Rep. WALKER objected.
Rep. SELLERS asked unanimous consent to recall H. 4771 (Word version) from the Committee on Judiciary.
Rep. F. N. SMITH objected.
Rep. HART asked unanimous consent to recall H. 3588 (Word version) from the Committee on Judiciary.
Rep. THOMPSON objected.
The Senate Amendments to the following Bill were taken up for consideration:
S. 360 (Word version) -- Senator Grooms: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 48-52-215 TO DEFINE "RENEWABLE ENERGY RESOURCES" FOR PURPOSES OF THE SOUTH CAROLINA ENERGY EFFICIENCY ACT.
Rep. WITHERSPOON explained the Senate Amendments.
Rep. HAGOOD spoke against the Senate Amendments.
The House refused to agree to the Senate Amendments and a message was ordered sent accordingly.
The motion period was dispensed with on motion of Rep. HAGOOD.
Rep. CATO moved to adjourn debate upon the following Bill until Tuesday, March 25, which was adopted:
H. 4594 (Word version) -- Reps. Sandifer, Cato, Huggins, McLeod, Toole, Walker, R. Brown, Whipper and Bales: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-59-35 SO AS TO PROHIBIT A PERSON FROM ENGAGING IN THE BUSINESS OF RESIDENTIAL HEATING AND AIR CONDITIONING CONTRACTING UNLESS LICENSED AS A RESIDENTIAL SPECIALTY CONTRACTOR AND TO PROVIDE EXCEPTIONS; TO PROHIBIT PROVIDING A POTENTIAL BUYER A PROPOSAL FOR SALE OR INSTALLATION OF RESIDENTIAL HEATING AND AIR CONDITIONING, OTHER THAN A WRITTEN ESTIMATE, BEFORE THE SPECIFICATIONS FOR THE SYSTEM HAVE BEEN REVIEWED AND APPROVED BY A LICENSED EMPLOYEE OF THE RETAIL SELLER, OR THE RETAIL SELLER; TO FURTHER SPECIFY CONTRACT REQUIREMENTS FOR THE SALE AND INSTALLATION OF A HEATING AND AIR CONDITIONING SYSTEM; AND TO AUTHORIZE THE DEPARTMENT OF LABOR, LICENSING AND REGULATION TO PROMULGATE REGULATIONS ESTABLISHING A CIVIL PENALTY FOR VIOLATIONS.
The following Bill was taken up:
H. 3912 (Word version) -- Reps. White and Bales: A BILL TO AMEND SECTION 40-47-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT TO BE LICENSED TO PRACTICE MEDICINE AND TO SPECIFY WHAT IS NOT TO BE CONSTRUED AS PRACTICING MEDICINE, SO AS TO CLARIFY THAT A PHYSICIAN MAY DELEGATE CERTAIN TASKS TO AN UNLICENSED PERSON IF THE PHYSICIAN IS IMMEDIATELY AVAILABLE AND TO PROVIDE THAT A PHYSICIAN IS NOT PROHIBITED FROM PRACTICING IN CONSULTATION WITH A SOUTH CAROLINA PHYSICIAN CONCERNING AN OPINION FOR THE SOUTH CAROLINA PHYSICIAN IN MANAGING THE CASE AND TREATMENT OF A PATIENT IN THIS STATE; TO AMEND SECTION 40-47-32, RELATING TO REQUIREMENTS FOR LICENSURE TO PRACTICE MEDICINE, SO AS TO PROVIDE THAT A PHYSICIAN WHO GRADUATED FROM A SCHOOL OUTSIDE OF THE UNITED STATES OR CANADA AND WHO HAS BEEN LICENSED FOR FIVE YEARS, RATHER THAN TEN YEARS, IN ANOTHER STATE, THE PHYSICIAN IS ONLY REQUIRED TO DOCUMENT ONE YEAR OF POST GRADUATE RESIDENCY TRAINING AND TO REVISE THE TIME WITHIN WHICH CERTAIN SPECIALTY EDUCATION REQUIREMENTS MUST BE UNDERTAKEN IN ORDER TO BE SUBSTITUTED FOR REQUIRED EXAMINATIONS; AND TO AMEND SECTION 40-47-35, RELATING TO LICENSURE AS AN EXPERT MEDICAL WITNESS, SO AS TO PROVIDE THAT RATHER THAN THE BOARD OF MEDICAL EXAMINERS LICENSING A PHYSICIAN AS AN EXPERT WITNESS, A PHYSICIAN WHO TESTIFIES IN A PROCEEDING IN THIS STATE IS DEEMED TO HAVE SUBMITTED TO THE JURISDICTION OF THE BOARD AND TO PROVIDE NOTICE AND INVESTIGATION PROCEDURES FOR COMPLAINTS RECEIVED.
Rep. DELLENEY moved to adjourn debate on the Bill until Tuesday, March 25.
Rep. WHITE moved to table the motion, which was agreed to.
Rep. PARKS explained the Bill.
Rep. DELLENEY spoke against the Bill.
Rep. DELLENEY moved to commit the Bill to the Committee on Judiciary.
Rep. WHITE moved to table the motion.
Rep. CRAWFORD demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Alexander Barfield Bedingfield Bingham Bowen Brady Breeland G. Brown Chalk Clemmons Cobb-Hunter Cooper Crawford Dantzler Duncan Erickson Gambrell Hardwick Harrell Harvin Hayes Herbkersman Hutson Kirsh Leach Limehouse Littlejohn Loftis Lowe Mack Merrill Moss Ott Owens Parks Perry Pinson M. A. Pitts Rice Scarborough Shoopman D. C. Smith G. M. Smith J. R. Smith Spires Stewart Talley Taylor Thompson Umphlett Walker White Williams Witherspoon Young
Those who voted in the negative are:
Agnew Allen Anderson Bales Ballentine Bannister Battle Bowers Branham Brantley R. Brown Clyburn Coleman Cotty Davenport Delleney Frye Funderburk Govan Gullick Hagood Haley Hamilton Harrison Hart Haskins Hosey Huggins Jefferson Jennings Kelly Kennedy Knight Lucas McLeod Miller Mitchell Mulvaney J. M. Neal Neilson E. H. Pitts Rutherford Sandifer Scott Sellers Simrill Skelton G. R. Smith Stavrinakis Toole Vick Viers Weeks Whipper Whitmire
So, the House refused to table the motion.
The question then recurred to the motion to commit the Bill to Judiciary Committee.
Rep. YOUNG demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Agnew Allen Anderson Ballentine Bannister Battle Bowers Brady Brantley G. Brown R. Brown Clyburn Coleman Cotty Davenport Delleney Frye Funderburk Govan Gullick Hagood Haley Hamilton Harrison Hart Huggins Jefferson Jennings Kelly Kennedy Knight Lucas McLeod Miller Mitchell Mulvaney J. M. Neal Neilson E. H. Pitts Rutherford Scott Sellers Simrill G. R. Smith Stavrinakis Toole Vick Viers Weeks Whipper Whitmire
Those who voted in the negative are:
Alexander Bales Barfield Bedingfield Bingham Bowen Branham Breeland Cato Chalk Clemmons Cobb-Hunter Cooper Crawford Dantzler Duncan Erickson Gambrell Hardwick Harrell Harvin Haskins Hayes Herbkersman Hosey Howard Hutson Kirsh Leach Limehouse Littlejohn Loftis Lowe Mack Mahaffey Merrill Moss Ott Owens Parks Perry Pinson M. A. Pitts Rice Sandifer Scarborough Shoopman Skelton D. C. Smith G. M. Smith J. R. Smith Spires Stewart Talley Taylor Thompson Umphlett Walker White Williams Witherspoon Young
So, the House refused to commit the Bill.
Rep. DELLENEY proposed the following Amendment No. 1 (Doc Name COUNCIL\MS\7547AHB08), which was tabled:
Amend the bill, as and if amended, by deleting in its entirety Section 40-47-35, as contained in SECTION 6, beginning on page 3, beginning on line 40, and inserting:
/ "Section 40-47-35. (A) The board may issue a license to a physician licensed in good standing in another state, who has been engaged to testify as an expert medical witness in an administrative, civil, or criminal proceeding in this State. The license only shall authorize practice in this State as an expert medical witness in a particular proceeding in this State. This license must be valid for the duration of the particular proceeding for which it is issued. This license must authorize only practice in this State that is related directly to the particular proceeding for which it is issued. A separate license must be obtained for each proceeding in which the applicant is engaged to testify as an expert medical witness in this State. The applicant shall submit the following items:
(1) a completed application and payment of applicable fees; and
(2) satisfactory documentation of the applicant's engagement as an expert witness in a particular proceeding in this State.
(B) The board may waive any part or all of a fee for this license for a physician to testify as an expert witness on behalf of a state, county, or municipal agency or office. Service of any notices or correspondence must be made on the physician expert witness by personal service or by certified mail to the address provided by the state licensing entity in the location in which the physician practices or teaches. If the physician cannot be located at the address provided by the state licensing entity, service must be made by delivery of a copy to the state licensing entity in the location in which the physician practices or teaches." /
Renumber sections to conform.
Amend title to conform.
Rep. DELLENEY explained the amendment.
Rep. CRAWFORD moved to table the amendment.
Rep. DELLENEY demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Barfield Bedingfield Bingham Bowen Brady Branham Cato Chalk Clemmons Cobb-Hunter Cooper Crawford Dantzler Duncan Erickson Frye Gambrell Hagood Haley Hardwick Harrell Harvin Hayes Herbkersman Huggins Hutson Kirsh Leach Limehouse Littlejohn Loftis Lowe Mahaffey Merrill Moss Ott Owens Parks Perry Pinson E. H. Pitts M. A. Pitts Rice Sandifer Scarborough Shoopman D. C. Smith G. M. Smith J. R. Smith Spires Stewart Taylor Thompson Toole Umphlett Walker White Williams Witherspoon Young
Those who voted in the negative are:
Agnew Allen Anderson Bales Ballentine Bannister Battle Bowers Brantley Breeland G. Brown R. Brown Clyburn Coleman Cotty Davenport Delleney Funderburk Govan Gullick Hamilton Harrison Hart Haskins Hosey Howard Jefferson Jennings Kelly Kennedy Knight Lucas Mack McLeod Miller Mitchell Mulvaney J. M. Neal Neilson Rutherford Scott Sellers Simrill Skelton G. R. Smith Stavrinakis Talley Vick Viers Weeks Whipper Whitmire
So, the amendment was tabled.
Rep. WEEKS moved that the House do now adjourn.
Rep. CRAWFORD demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allen Anderson Bowers Brantley R. Brown Coleman Delleney Funderburk Hamilton Hart Limehouse McLeod Rutherford Sellers G. R. Smith Stavrinakis Viers Weeks Whipper Whitmire
Those who voted in the negative are:
Agnew Alexander Bales Ballentine Bannister Barfield Battle Bedingfield Bingham Bowen Brady Branham G. Brown Cato Chalk Clemmons Clyburn Cobb-Hunter Cooper Cotty Crawford Dantzler Duncan Erickson Frye Gambrell Govan Gullick Hagood Haley Hardwick Harrell Harrison Harvin Haskins Herbkersman Huggins Hutson Jefferson Jennings Kelly Leach Littlejohn Lowe Lucas Mack Mahaffey Merrill Miller Moss Mulvaney Neilson Ott Owens Parks Perry Pinson E. H. Pitts M. A. Pitts Rice Sandifer Scarborough Scott Shoopman Skelton D. C. Smith G. M. Smith J. R. Smith Spires Stewart Talley Taylor Thompson Toole Umphlett Walker White Williams Witherspoon Young
So, the House refused to adjourn.
Rep. WEEKS moved that the House recede until 1:30 p.m.
Rep. CRAWFORD demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Agnew Allen Anderson Bannister Brantley Clemmons Clyburn Dantzler Funderburk Hamilton Hart Hosey Howard Kennedy Limehouse Mahaffey McLeod Rutherford Sellers G. R. Smith Vick Viers Weeks Whipper Whitmire
Those who voted in the negative are:
Alexander Bales Ballentine Barfield Battle Bedingfield Bingham Bowen Bowers Brady Branham G. Brown Cato Chalk Cobb-Hunter Coleman Cooper Cotty Crawford Davenport Delleney Erickson Gambrell Govan Gullick Hagood Haley Hardwick Harrell Harrison Harvin Herbkersman Huggins Hutson Jefferson Jennings Kelly Kirsh Knight Leach Littlejohn Lowe Lucas Mack Merrill Miller Moss Mulvaney J. M. Neal Neilson Ott Owens Parks Perry Pinson E. H. Pitts M. A. Pitts Rice Scarborough Scott Shoopman Simrill Skelton D. C. Smith G. M. Smith J. R. Smith Spires Stewart Talley Taylor Thompson Toole Umphlett Walker White Williams Witherspoon Young
So, the House refused to recede.
Rep. STAVRINAKIS spoke against the Bill.
Rep. MERRILL moved cloture on the entire matter.
Rep. RUTHERFORD demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Bales Barfield Battle Bedingfield Bingham Bowen Brady Cato Chalk Cooper Cotty Crawford Dantzler Duncan Erickson Frye Gambrell Gullick Haley Hamilton Hardwick Harrell Harvin Haskins Herbkersman Huggins Hutson Kennedy Kirsh Leach Limehouse Littlejohn Loftis Lowe Mahaffey Merrill Moss Mulvaney Neilson Owens Pinson E. H. Pitts M. A. Pitts Rice Sandifer Scarborough Shoopman Simrill Skelton D. C. Smith G. M. Smith J. R. Smith Spires Stewart Talley Taylor Thompson Toole Umphlett Walker White Witherspoon Young
Those who voted in the negative are:
Agnew Alexander Allen Anderson Ballentine Bannister Bowers Branham Brantley G. Brown R. Brown Clemmons Cobb-Hunter Coleman Davenport Delleney Funderburk Govan Hagood Harrison Hart Hayes Hosey Howard Jefferson Jennings Kelly Knight Lucas Mack McLeod Miller Mitchell Ott Parks Perry Rutherford Scott Sellers G. R. Smith Stavrinakis Vick Viers Weeks Whipper Whitmire Williams
So, cloture was ordered.
Rep. HOWARD moved to recommit the Bill to the Committee on Medical, Military, Public and Municipal Affairs.
Rep. CRAWFORD moved to table the motion.
Rep. CRAWFORD demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Ballentine Barfield Bedingfield Bingham Bowen Brady Cato Chalk Clemmons Cooper Crawford Dantzler Davenport Duncan Erickson Frye Gambrell Gullick Hagood Haley Hardwick Harrell Harrison Haskins Huggins Hutson Kirsh Leach Limehouse Littlejohn Loftis Lowe Merrill Moss Mulvaney Neilson Owens Pinson E. H. Pitts M. A. Pitts Rice Sandifer Scarborough Shoopman Simrill Skelton D. C. Smith G. M. Smith J. R. Smith Spires Stewart Talley Taylor Thompson Toole Umphlett Walker White Witherspoon Young
Those who voted in the negative are:
Agnew Alexander Allen Anderson Bales Bannister Battle Bowers Branham Brantley G. Brown R. Brown Cobb-Hunter Coleman Cotty Delleney Funderburk Govan Hamilton Hart Harvin Hayes Herbkersman Hosey Howard Jefferson Jennings Kelly Kennedy Knight Lucas Mack Mahaffey McLeod Miller Mitchell J. H. Neal J. M. Neal Ott Parks Perry Rutherford Scott Sellers G. R. Smith Stavrinakis Vick Viers Weeks Whipper Whitmire Williams
So, the motion to recommit the Bill was tabled.
Rep. COOPER moved that the House recede until 2:45 p.m., which was agreed to.
Further proceedings were interrupted by the House receding, the pending question being consideration of the Bill, cloture having been ordered.
At 2:45 p.m. the House resumed, the SPEAKER in the Chair.
The question of a quorum was raised.
A quorum was later present.
Debate was resumed on the following Bill, the pending question being the consideration of the Bill, cloture having been ordered:
H. 3912 (Word version) -- Reps. White and Bales: A BILL TO AMEND SECTION 40-47-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT TO BE LICENSED TO PRACTICE MEDICINE AND TO SPECIFY WHAT IS NOT TO BE CONSTRUED AS PRACTICING MEDICINE, SO AS TO CLARIFY THAT A PHYSICIAN MAY DELEGATE CERTAIN TASKS TO AN UNLICENSED PERSON IF THE PHYSICIAN IS IMMEDIATELY AVAILABLE AND TO PROVIDE THAT A PHYSICIAN IS NOT PROHIBITED FROM PRACTICING IN CONSULTATION WITH A SOUTH CAROLINA PHYSICIAN CONCERNING AN OPINION FOR THE SOUTH CAROLINA PHYSICIAN IN MANAGING THE CASE AND TREATMENT OF A PATIENT IN THIS STATE; TO AMEND SECTION 40-47-32, RELATING TO REQUIREMENTS FOR LICENSURE TO PRACTICE MEDICINE, SO AS TO PROVIDE THAT A PHYSICIAN WHO GRADUATED FROM A SCHOOL OUTSIDE OF THE UNITED STATES OR CANADA AND WHO HAS BEEN LICENSED FOR FIVE YEARS, RATHER THAN TEN YEARS, IN ANOTHER STATE, THE PHYSICIAN IS ONLY REQUIRED TO DOCUMENT ONE YEAR OF POST GRADUATE RESIDENCY TRAINING AND TO REVISE THE TIME WITHIN WHICH CERTAIN SPECIALTY EDUCATION REQUIREMENTS MUST BE UNDERTAKEN IN ORDER TO BE SUBSTITUTED FOR REQUIRED EXAMINATIONS; AND TO AMEND SECTION 40-47-35, RELATING TO LICENSURE AS AN EXPERT MEDICAL WITNESS, SO AS TO PROVIDE THAT RATHER THAN THE BOARD OF MEDICAL EXAMINERS LICENSING A PHYSICIAN AS AN EXPERT WITNESS, A PHYSICIAN WHO TESTIFIES IN A PROCEEDING IN THIS STATE IS DEEMED TO HAVE SUBMITTED TO THE JURISDICTION OF THE BOARD AND TO PROVIDE NOTICE AND INVESTIGATION PROCEDURES FOR COMPLAINTS RECEIVED.
Rep. CATO proposed the following Amendment No. 2 (Doc Name COUNCIL\NBD\12065AC08), which was adopted:
Amend the bill, as and if amended, by adding appropriately numbered SECTIONS to read:
/SECTION __. Section 40-47-20(36) of the 1976 Code, as amended by Act 385 of 2006, if further amended to read:
"(36) 'Practice of Medicine' means:
(a) advertising, holding out to the public or representing in any manner that one is authorized to practice medicine in this State;
(b) offering or undertaking to prescribe, order, give, or administer any drug or medicine for the use of any other person;
(c) offering or undertaking to prevent or to diagnose, correct or treat in any manner, or by any means, methods, or devices, disease, illness, pain, wound, fracture, infirmity, defect, or abnormal physical or mental condition of a person, including the management or pregnancy and parturition;
(d) offering or undertaking to perform any surgical operation upon a person;
(e) rendering a written or otherwise documented medical opinion concerning the diagnosis or treatment of a patient or the actual rendering of treatment to a patient within this State by a physician located outside the State as a result of transmission of individual patient data by electronic or other means from within a state to such physician or his or her agent;
(f) rendering a determination of medical necessity or a decision affecting the diagnosis and/or treatment of a patient;
(g) using the designation Doctor, Doctor of Medicine, Doctor of Osteopathic Medicine, Physician, Surgeon, Physician and Surgeon, Dr., M.D., D.O., or any combination of these in the conduct of any occupation or profession pertaining to the prevention, diagnosis, or treatment of human disease or condition in a clinical setting, unless such a designation additionally contains the description of another branch of the healing arts for which one holds a valid license in this State that is applicable to the clinical setting; and
(hg) testifying as a physician in an administrative, civil, or criminal proceeding in this State by expressing an expert medical opinion."
SECTION __. Chapter 59 of Title 38 of the 1976 Code is amended by adding:
"Section 38-59-35. (A) If a hearing provided for in Section 38-59-30 regarding improper claims practices by a health insurer or health maintenance organization results in a determination by the director or his designee that a physician performing medical necessity review services for such insurer has wilfully and knowingly denied claims with no rational basis, the director may file a complaint about such physician to the South Carolina Board of Medical Examiners.
(B) A physician providing medical necessity review services for a health insurer or health maintenance organization operating in this State is deemed to have submitted to the jurisdiction of the South Carolina Board of Medical Examiners to the limited extent of responding to a complaint filed by the director as outlined in subsection (A).
(C) Upon receipt of a complaint from the director, the Board of Medical Examiners is authorized to conduct an investigation and proceed in the same manner as provided in state law for physicians licensed and practicing medicine in this State, except that service may be effected as provided in subsection (D).
(D) Service of any notices or correspondence must be made on the physician by personal service or by certified mail to the registered agent for the health insurer or health maintenance organization for which the physician was providing medical necessity review services."/
Renumber sections to conform.
Amend title to conform.
Rep. CATO explained the amendment.
The amendment was then adopted.
Rep. RUTHERFORD proposed the following Amendment No. 3 (Doc Name COUNCIL\NBD\12066AC08), which was tabled:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION __. Article 1, Chapter 47, Title 40 of the 1976 Code is amended by adding:
"Section 40-47-38. (A) If a physician makes a medical error or knows about or witnesses a medical error committed by another physician that results in great bodily injury or death, the physician shall report the medical error to the board, which shall assess what action, if any, must be taken against the physician committing the medical error.
(B) for purposes of this section, 'great bodily injury' means bodily injury which creates a substantial risk of death or which causes serious, permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ."/
Renumber sections to conform.
Amend title to conform.
Rep. RUTHERFORD explained the amendment.
Rep. CRAWFORD spoke against the amendment.
Rep. JENNINGS spoke in favor of the amendment.
Rep. CRAWFORD spoke against the amendment.
Rep. CRAWFORD moved to table the amendment.
Rep. RUTHERFORD demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Bales Battle Bedingfield Bingham Bowen Brady Cato Chalk Cooper Cotty Crawford Dantzler Davenport Erickson Frye Gambrell Gullick Haley Hamilton Hardwick Harrell Haskins Herbkersman Hutson Kirsh Leach Littlejohn Loftis Lowe Mahaffey Merrill Moss Mulvaney Owens Pinson M. A. Pitts Rice Sandifer Scarborough Shoopman Skelton D. C. Smith G. R. Smith J. R. Smith Spires Taylor Toole Umphlett Walker White Witherspoon Young
Those who voted in the negative are:
Agnew Alexander Allen Anderson Ballentine Bannister Bowers Brantley G. Brown R. Brown Clyburn Cobb-Hunter Coleman Delleney Duncan Funderburk Govan Hagood Harrison Hart Hosey Howard Huggins Jefferson Jennings Kelly Kennedy Knight Lucas Mack McLeod Miller J. H. Neal J. M. Neal Neilson Ott Parks Perry E. H. Pitts Rutherford Scott Sellers Simrill G. M. Smith Stavrinakis Thompson Vick Weeks Whipper Whitmire Williams
So, the amendment was tabled.
Rep. RUTHERFORD spoke against the Bill.
Rep. BALES moved to reconsider the vote whereby Amendment No. 3 was tabled was taken up and agreed to.
The amendment was then adopted.
Rep. SCOTT moved to commit the Bill to the Committee on Judiciary.
Rep. CHALK moved to table the motion.
Rep. SCOTT demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Bales Bedingfield Bingham Bowen Brady G. Brown Cato Chalk Clemmons Cobb-Hunter Cooper Crawford Dantzler Duncan Erickson Frye Gambrell Hardwick Harrell Haskins Herbkersman Hutson Kirsh Leach Limehouse Littlejohn Loftis Lowe Mahaffey Merrill Moss Mulvaney Neilson Owens Parks Pinson Rice Sandifer Scarborough Shoopman Skelton D. C. Smith G. M. Smith J. R. Smith Spires Talley Taylor Thompson Toole Umphlett Walker White Williams Witherspoon Young
Those who voted in the negative are:
Agnew Alexander Allen Anderson Ballentine Bannister Bowers Branham Brantley R. Brown Clyburn Coleman Cotty Davenport Delleney Funderburk Govan Gullick Hagood Haley Hamilton Harrison Hart Hayes Hosey Howard Huggins Jefferson Jennings Kelly Kennedy Knight Lucas Mack McLeod Miller J. H. Neal J. M. Neal Perry E. H. Pitts M. A. Pitts Rutherford Scott Sellers Simrill G. R. Smith Stavrinakis Vick Viers Weeks Whipper Whitmire
So, the motion to commit the Bill was tabled.
Rep. JENNINGS spoke against the Bill.
Rep. WHIPPER spoke against the Bill.
Rep. WHIPPER continued speaking.
Rep. LUCAS spoke against the Bill.
Pursuant to Rule 7.7 the Yeas and Nays were taken resulting as follows:
Those who voted in the affirmative are:
Bales Battle Bedingfield Bingham Bowen Brady Cato Chalk Clemmons Clyburn Cobb-Hunter Cooper Crawford Dantzler Davenport Duncan Erickson Frye Gambrell Haley Hamilton Hardwick Haskins Hayes Herbkersman Huggins Hutson Jefferson Kennedy Kirsh Leach Limehouse Littlejohn Loftis Lowe Mahaffey Merrill Mulvaney Ott Owens Parks Perry Pinson E. H. Pitts M. A. Pitts Rice Sandifer Scarborough Shoopman Simrill D. C. Smith G. M. Smith J. R. Smith Spires Stewart Talley Taylor Thompson Toole Umphlett Walker White Williams Witherspoon Young
Those who voted in the negative are:
Agnew Alexander Allen Anderson Ballentine Bannister Bowers Branham Brantley G. Brown R. Brown Coleman Cotty Delleney Funderburk Govan Gullick Hagood Harrison Hart Hosey Howard Jennings Kelly Knight Lucas Mack McLeod Miller Moss J. M. Neal Neilson Rutherford Scott Sellers Skelton G. R. Smith Stavrinakis Vick Viers Weeks Whipper Whitmire
So, the Bill, as amended, was read the second time and ordered to third reading.
The following Joint Resolution was taken up:
H. 4620 (Word version) -- Reps. Harrell, Harrison, Cato, Hagood, Howard, W. D. Smith, Walker, White, Stavrinakis, Bedingfield, G. R. Smith, Hart and Viers: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 7, ARTICLE VI, CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE CONSTITUTIONAL OFFICERS OF THIS STATE, SO AS TO DELETE THE ADJUTANT GENERAL, COMMISSIONER OF AGRICULTURE, SECRETARY OF STATE, AND SUPERINTENDENT OF EDUCATION FROM THE LIST OF STATE OFFICERS WHICH THE CONSTITUTION REQUIRES TO BE ELECTED AND PROVIDE THAT UPON THE EXPIRATION OF THE TERMS OF THESE OFFICERS SERVING IN OFFICE ON THE DATE OF THE RATIFICATION OF THIS PROVISION, THEY MUST BE APPOINTED BY THE GOVERNOR, UPON THE ADVICE AND CONSENT OF THE GENERAL ASSEMBLY, TO SERVE AT HIS PLEASURE AND TO BE REMOVABLE BY HIM FOR ANY REASON; PROPOSING AN AMENDMENT TO SECTION 4, ARTICLE XIII, RELATING TO THE ADJUTANT GENERAL AND HIS STAFF OFFICERS, SO AS TO UPDATE REFERENCES TO HIS TITLE AND MILITARY RANK, AND TO PROVIDE THAT UPON THE EXPIRATION OF THE TERM OF THE ADJUTANT GENERAL SERVING IN OFFICE ON THE DATE OF THE RATIFICATION OF THIS PROVISION, HE MUST BE APPOINTED BY THE GOVERNOR IN THE MANNER REQUIRED BY SECTION 7, ARTICLE VI; AND PROPOSING AN AMENDMENT TO SECTION 1, ARTICLE XI, RELATING TO THE STATE BOARD OF EDUCATION, SO AS TO ABOLISH THE BOARD EFFECTIVE UPON THE STATE SUPERINTENDENT OF EDUCATION BEING APPOINTED BY THE GOVERNOR.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. It is proposed that Section 7, Article VI of the Constitution of this State be amended by adding the following new paragraph at the end:
"Beginning upon the expiration of the term of the Secretary of State serving in office on the date of the ratification of the provisions of this paragraph, the Secretary of State must be appointed by the Governor, upon the advice and consent of the General Assembly, to serve at his pleasure and to be removable by him for any reason."
SECTION 2. The proposed amendment in Section 6 must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:
"Must Section 7, Article VI of the Constitution of this State relating to state constitutional officers be amended so as to delete the Secretary of State from the list of state officers which the Constitution requires to be elected and provide that upon the expiration of the term of the Secretary of State serving in office on the date of the ratification of this provision, the Secretary of State must be appointed by the Governor, upon the advice and consent of the General Assembly, to serve at his pleasure and to be removable by him for any reason?
Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes' and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."
SECTION 3. It is proposed that Section 7, Article VI of the Constitution of this State be amended by adding the following new paragraph at the end:
"Beginning upon the expiration of the term of the Superintendent of Education serving in office on the date of the ratification of the provisions of this paragraph, the Superintendent of Education must be appointed by the Governor, upon the advice and consent of the General Assembly, to serve at his pleasure and to be removable by him for any reason."
SECTION 4. The proposed amendment in Section 8 must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:
"Must Section 7, Article VI of the Constitution of this State relating to state constitutional officers be amended so as to delete the Superintendent of Education from the list of state officers which the Constitution requires to be elected and provide that upon the expiration of the term of the Superintendent of Education serving in office on the date of the ratification of this provision, the superintendent must be appointed by the Governor, upon the advice and consent of the General Assembly, to serve at his pleasure and to be removable by him for any reason?
Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes' and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."
SECTION 5. It is proposed that Section 8, Article IV of the Constitution of this State be amended to read:
"Section 8. (A) A Lieutenant Governor shall must be chosen at the same time, in the same manner, continue in office for the same period, and be possessed of the same qualifications as the Governor.
(B) Beginning with the general election of 2010, a person seeking the office of Governor in any manner that a person's name may appear on the ballot as a candidate for that office, and before that person's name is certified to appear on the ballot, shall select a person of suitable qualifications to serve as Lieutenant Governor.
(C) In the general election, candidates for the Office of Governor and the person selected by each gubernatorial candidate to serve as Lieutenant Governor must be elected jointly in a manner prescribed by law so that each voter casts a single vote to fill the offices of Governor and Lieutenant Governor.
(D) The General Assembly shall provide by law the manner in which a candidate for Lieutenant Governor is selected."
SECTION 6. The proposed amendment must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:
"Must Section 8, Article IV of the Constitution of the State be amended by adding a provision to provide that the Lieutenant Governor must be elected jointly with the Governor in a manner prescribed by law so that each voter shall cast a single vote for a candidate for Governor and a candidate for Lieutenant Governor running together?
Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes' and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."
Reps. E. H. Pitts, Vick, Haley proposed the following Amendment No. 4 (Doc Name COUNCIL\DKA\3805AHB08), which was tabled:
Amend the joint resolution, as and if amended, by deleting PART I in its entirety.
Rep. E. H. PITTS explained the amendment.
Rep. COTTY moved to table the amendment.
Rep. E. H. PITTS demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Agnew Bales Ballentine Bannister Battle Bedingfield Bingham Brady Brantley Cato Chalk Clemmons Clyburn Cobb-Hunter Coleman Cotty Crawford Duncan Erickson Funderburk Hagood Hardwick Harrell Harrison Herbkersman Hosey Hutson Leach Limehouse Littlejohn Lowe Mack Merrill Miller Mitchell Parks M. A. Pitts Rice Scarborough Shoopman D. C. Smith G. M. Smith G. R. Smith J. R. Smith Stavrinakis Talley Toole Umphlett Walker Weeks Whipper Williams Young
Those who voted in the negative are:
Alexander Allen Anderson Bowen Bowers Branham G. Brown R. Brown Cooper Davenport Delleney Frye Gambrell Govan Gullick Haley Hamilton Hart Hayes Huggins Jefferson Jennings Kelly Kennedy Kirsh Knight Loftis Lucas Mahaffey McLeod Moss Mulvaney J. M. Neal Neilson Ott Owens Perry Pinson E. H. Pitts Rutherford Scott Sellers Simrill Skelton Spires Stewart Taylor Thompson Viers White Whitmire Witherspoon
So, the amendment was tabled.
Rep. WITHERSPOON proposed the following Amendment No. 6 (Doc Name COUNCIL\DKA\3804AHB08), which was adopted:
Amend the joint resolution, as and if amended, by deleting PART II in its entirety.
Renumber parts and sections to conform.
Amend title to conform.
Rep. WITHERSPOON explained the amendment.
Rep. HAGOOD moved to table the amendment.
Rep. WITHERSPOON demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Agnew Bales Ballentine Bannister Battle Bedingfield Bingham Brady Chalk Clemmons Cotty Crawford Davenport Delleney Funderburk Gullick Hagood Haley Hamilton Harrell Harrison Herbkersman Huggins Hutson Kelly Kirsh Leach Limehouse Littlejohn Lucas Merrill Miller Mulvaney Neilson E. H. Pitts Scarborough Simrill D. C. Smith G. M. Smith G. R. Smith J. R. Smith Stavrinakis Talley Walker Young
Those who voted in the negative are:
Alexander Allen Anderson Barfield Bowen Bowers Branham Brantley G. Brown R. Brown Cato Clyburn Cobb-Hunter Coleman Cooper Dantzler Duncan Erickson Frye Gambrell Govan Hardwick Hart Hayes Hosey Jefferson Jennings Kennedy Knight Loftis Lowe Mack Mahaffey McLeod Mitchell Moss J. M. Neal Ott Owens Parks Perry Pinson M. A. Pitts Rice Rutherford Scott Sellers Shoopman Skelton Spires Stewart Taylor Thompson Toole Umphlett Viers Weeks Whipper White Whitmire Williams Witherspoon
So, the House refused to table the amendment.
The amendment was then adopted.
Reps. HARRISON and HAGOOD proposed the following Amendment No. 9 (Doc Name COUNCIL\GJK\20575SD08), which was adopted:
Amend the joint resolution, as and if amended, by adding a new Part and sections to be appropriately numbered to read:
SECTION ____. It is proposed that Section 8, Article IV of the Constitution of this State be amended to read:
"Section 8. (A) A Lieutenant Governor shall must be chosen at the same time, in the same manner, continue in office for the same period, and be possessed of the same qualifications as the Governor.
(B) Beginning with the general election of 2010, a person seeking the office of Governor in any manner that a person's name may appear on the ballot as a candidate for that office, and before that person's name is certified to appear on the ballot, shall select a person of suitable qualifications to serve as Lieutenant Governor.
(C) In the general election, candidates for the Office of Governor and the person selected by each gubernatorial candidate to serve as Lieutenant Governor must be elected jointly in a manner prescribed by law so that each voter casts a single vote to fill the offices of Governor and Lieutenant Governor.
(D) The General Assembly shall provide by law the manner in which a candidate for Lieutenant Governor is selected."
SECTION ____. The proposed amendment must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:
"Must Section 8, Article IV of the Constitution of the State be amended by adding a provision to provide that the Lieutenant Governor must be elected jointly with the Governor in a manner prescribed by law so that each voter shall cast a single vote for a candidate for Governor and a candidate for Lieutenant Governor running together?
Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes' and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."/
Renumber Parts and sections to conform.
Amend title to conform.
Rep. HARRISON explained the amendment.
Rep. HARRISON continued speaking.
The question then recurred to the adoption of the amendment.
Rep. MERRILL demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Agnew Alexander Allen Anderson Bales Ballentine Bannister Battle Bedingfield Bingham Bowen Brady Branham Brantley R. Brown Cato Chalk Clemmons Clyburn Cobb-Hunter Coleman Crawford Davenport Delleney Duncan Erickson Frye Funderburk Govan Hagood Haley Hamilton Hardwick Harrell Harrison Hart Hayes Herbkersman Hosey Huggins Hutson Jennings Kelly Kennedy Kirsh Leach Limehouse Littlejohn Lowe Lucas McLeod Merrill Miller Mitchell Moss Mulvaney J. M. Neal Neilson Ott Owens Parks Perry Pinson E. H. Pitts M. A. Pitts Rice Rutherford Scarborough Shoopman Simrill D. C. Smith G. M. Smith G. R. Smith J. R. Smith Spires Stewart Talley Taylor Thompson Toole Umphlett Vick Viers Walker Whipper Whitmire Williams Witherspoon Young
Those who voted in the negative are:
Barfield Bowers G. Brown Cooper Dantzler Gambrell Gullick Jefferson Knight Mack Mahaffey Scott Sellers Skelton Stavrinakis Weeks White
So, the amendment was adopted.
I was temporarily out of the Chamber during the vote on Amendment No. 9. Had I been present, I would have voted "yea" in favor of the Amendment.
Rep. Gloria A. Haskins
Rep. RUTHERFORD proposed the following Amendment No. 10 (Doc Name COUNCIL\BBM\10433HTC08), which was ruled out of order:
Amend the joint resolution, as and if amended, by adding an appropriately numbered Part at the end with appropriately numbered sections to read:
SECTION __. It is proposed that Article IV of the Constitution of this State be amended by adding a new Section 1A. to read:
"Section 1A. While the Governor is physically absent from this State, all of the powers and duties of the Governor under the Constitution and the laws of this State are devolved upon the Lieutenant Governor for the duration of the Governor's absence."
SECTION __. The proposed amendment in this Part must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:
"Must Article IV of the Constitution of the State be amended by adding a new Section 1A to provide that when the Governor is physically absent from this State, all powers and duties of the Governor under the Constitution and laws of this State are devolved upon the Lieutenant Governor for the duration of the Governor's absence?
Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the words 'Yes' and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'." /
Renumber sections to conform.
Amend title to conform.
Rep. RUTHERFORD explained the amendment.
Rep. MERRILL raised the Point of Order that Amendment No. 10 was out of order in that it was not germane to the Bill
SPEAKER HARRELL stated that while the Bill dealt with the appointment versus the election of State Constitutional Offices, the Amendment related to the duties of the Lt. Governor. He therefore sustained the Point of Order and ruled the Amendment out of order.
Rep. COBB-HUNTER proposed the following Amendment No. 13 (Doc Name COUNCIL\NBD\12071AC08), which was tabled:
Amend the bill, as and if amended, by deleting Part IV of the bill in its entirety.
Renumber sections to conform.
Amend title to conform.
Rep. COBB-HUNTER explained the amendment.
Rep. COBB-HUNTER spoke in favor of the amendment.
Rep. YOUNG moved to table the amendment.
Rep. COBB-HUNTER demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Agnew Bales Ballentine Bannister Barfield Battle Bedingfield Bingham Bowen Brady Cato Chalk Clemmons Cooper Crawford Davenport Delleney Duncan Erickson Frye Funderburk Hagood Haley Hamilton Hardwick Harrell Harrison Haskins Herbkersman Huggins Hutson Kelly Kirsh Knight Leach Limehouse Littlejohn Lowe Lucas Mahaffey Merrill Miller Mulvaney Owens E. H. Pitts M. A. Pitts Rice Scarborough Shoopman Simrill D. C. Smith G. M. Smith G. R. Smith J. R. Smith Spires Stavrinakis Stewart Talley Taylor Thompson Toole Umphlett Viers Walker White Witherspoon Young
Those who voted in the negative are:
Allen Anderson Bowers Branham Brantley G. Brown R. Brown Clyburn Cobb-Hunter Coleman Dantzler Gambrell Govan Gullick Hart Hayes Hosey Howard Jefferson Jennings Kennedy Mack McLeod Mitchell Moss J. M. Neal Ott Parks Perry Pinson Rutherford Sandifer Scott Sellers Vick Weeks Whipper Williams
So, the amendment was tabled.
Rep. VIERS proposed the following Amendment No. 14 (Doc Name COUNCIL\NBD\12074AC08), which was adopted:
Amend the joint resolution, as and if amended, in Part IV, by striking SECTIONS 10 and 11 in their entirety.
Renumber sections to conform.
Amend title to conform.
Rep. VIERS explained the amendment.
The amendment was then adopted by a division vote of 50 to 29.
Rep. FUNDERBURK proposed the following Amendment No. 15 (Doc Name COUNCIL\BBM\10434AB08), which was tabled:
Amend the joint resolution, as and if amended, by adding an appropriately numbered SECTION at the end to read:
/ SECTION __. It is proposed that Section 7, Article VI of the Constitution of this State be amended by adding the following new paragraph at the end:
"Beginning upon the expiration of the term of the Comptroller General serving in office on the date of the 2006 general election, the Comptroller General must be appointed by the Governor, with the advice and consent of the General Assembly, to serve at his pleasure and to be removable by him for any reason."
SECTION __. The proposed amendment must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:
"Must Section 7, Article VI of the Constitution of this State relating to state constitutional officers be amended so as to delete the Comptroller General from the list of state officers which the Constitution requires to be elected and provide that upon the expiration of the term of the Comptroller General serving in office on the date of the 2006 general election, the Comptroller General must be appointed by the Governor, with the advice and consent of the General Assembly, to serve at his pleasure and to be removable by him for any reason?
Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes' and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'." /
Renumber sections to conform.
Amend title to conform.
Rep. FUNDERBURK explained the amendment.
Rep. COOPER raised the Point of Order that Amendment No. 15 was out of order in that it was not germane to the Bill.
Rep. FUNDERBURK argued contra.
SPEAKER HARRELL stated that both the Amendment and the Bill related to the terms of office of State Constitutional Officers and he overruled the Point of Order.
Rep. FUNDERBURK continued speaking.
Rep. HARRISON moved to table the amendment.
Rep. FUNDERBURK demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Bannister Barfield Battle Bedingfield Bowen Brady Cato Chalk Clemmons Coleman Cooper Crawford Dantzler Delleney Duncan Frye Gambrell Gullick Hamilton Hardwick Harrell Harrison Haskins Hayes Herbkersman Hutson Kelly Knight Leach Limehouse Littlejohn Lowe Lucas Mahaffey Merrill Miller Moss Owens M. A. Pitts Rice Sandifer Scarborough Shoopman Skelton D. C. Smith G. R. Smith J. R. Smith Spires Stavrinakis Stewart Talley Taylor Thompson Toole Umphlett Vick Viers Walker Whipper White Whitmire Witherspoon Young
Those who voted in the negative are:
Agnew Allen Anderson Bales Ballentine Bingham Branham Brantley G. Brown R. Brown Clyburn Cobb-Hunter Davenport Erickson Funderburk Govan Hagood Haley Hart Hosey Howard Huggins Jefferson Jennings Kennedy Kirsh Mack McLeod Mitchell Mulvaney J. M. Neal Ott Parks Perry Pinson E. H. Pitts Rutherford Scott Sellers Simrill G. M. Smith Weeks Williams
So, the amendment was tabled.
Rep. STAVRINAKIS proposed the following Amendment No. 16 (Doc Name COUNCIL\NBD\12075AC08), which was rejected:
Amend the bill, as and if amended, by adding an appropriately numbered Part at the end to read:
SECTION __. It is proposed that Section 12, Article IV of the Constitution of this State be amended to read:
(1) Whenever the Governor transmits to the President Pro Tempore of the Senate and the Speaker of the House of Representatives his written declaration that he is unable to discharge the powers and duties of his office, and until he transmits to them a written declaration to the contrary, such powers and duties shall be discharged by the Lieutenant Governor as acting Governor.
(2) Whenever a majority of the Attorney General, the Secretary of State, Commissioner of Agriculture, the Comptroller General and the State Treasurer, or of such other body as the General Assembly may provide, transmits to the President Pro Tempore of the Senate and the Speaker of the House of Representatives a written declaration that the Governor is unable to discharge the powers and duties of his office, the Lieutenant Governor shall forthwith assume the powers and duties of the office as acting Governor.
Thereafter, if the Governor transmits to the President Pro Tempore of the Senate and the Speaker of the House of Representatives his written declaration that no such inability exists he shall forthwith resume the powers and duties of his office unless a majority of the above members or of such other body, whichever the case may be, transmits within four days to the President Pro Tempore of the Senate and the Speaker of the House of Representatives their written declaration that the Governor is unable to discharge the powers and duties of his office. Thereupon, the General Assembly shall forthwith consider and decide the issue, and if not in session it shall assemble within forty-eight hours for the sole purpose of deciding such issue. If the General Assembly, within t