House Journal for Jan. 31, 2007 - South Carolina Legislature Online
WEDNESDAY, JANUARY 31, 2007
Indicates Matter Stricken
Indicates New Matter
The House assembled at 10:00 a.m.
Deliberations were opened with prayer by Rev. Charles E. Seastrunk, Jr., as follows:
Our thought for today is from Psalm 21:1: “The Lord is my light and my salvation, whom shall I fear?”
Let us pray. Almighty God, thank You for the many blessings of life You give to us. Guide these Representatives and staff as they continue to strive in their duties to do what is good and pleasing to You and for Your people. Give them courage, wisdom, and integrity in their work. Look in favor on our Nation, President, State, Governor, Speaker and all who serve in this House. Protect our defenders of freedom as they protect us. In the name of our 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.
MOTION ADOPTED
Rep. CLEMMONS moved that when the House adjourns, it adjourn in memory of Robert Brooks of Myrtle Beach, which was agreed to.
INVITATIONS
On motion of Rep. LEACH, with unanimous consent, the following were taken up for immediate consideration and accepted:
January 2, 2007
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 Vocational Rehabilitation Association, the Members and staff of the House of Representatives are invited to a breakfast. This event will be held on Thursday, March 1, 2007, from 8:00 a.m. until 10:00 a.m. in Room 221 of the Blatt Building.
Sincerely,
Patricia A. Green
President
January 2, 2007
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 Bankers Association - Young Bankers Division, the Members of the House of Representatives are invited to an Oyster Roast and Barbeque. This event will be held on Tuesday, March 6, 2007, from 6:00 p.m. until 8:00 p.m. at The Sterling Garden Center.
Sincerely,
Elisa M. Edwards
Sr. Vice President
January 2, 2007
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 Self-Insurers Association, Inc., the Members of the House of Representatives are invited to a breakfast. This event will be held on Wednesday, March 7, 2007, from 8:00 a.m. until 10:00 a.m. in Room 221 of the Blatt Building.
Sincerely,
Mobishir Salahuddin
January 2, 2007
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 Trustees of the ETV Endowment of SC, the Members and staff of the House of Representatives are invited to a Catfish Luncheon. This event will be held on Wednesday, March 7, 2007, at 12:00 noon in the Murray Studio of SC ETV Telecommunications Center.
Sincerely,
Debra Rogers Timmerman
President
January 2, 2007
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 State University, the Members of the House of Representatives are invited to a reception. This event will be held on Wednesday, March 7, 2007, from 6:00 p.m. until 8:00 p.m. at the Clarion Town House Hotel.
Sincerely,
Andrew Hugine, Jr., Ph.D.
President
January 2, 2007
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 Adult Education Directors, the Members of the House of Representatives are invited to a breakfast. This event will be held on Thursday, March 8, 2007, from 8:00 a.m. until 10:00 a.m. in Room 221 of the Blatt Building.
Sincerely,
Sandy Andrews
January 2, 2007
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 Petroleum Marketers Association, the Members of the House of Representatives are invited to a reception. This event will be held on Tuesday, March 20, 2007, from 6:00 p.m. until 8:00 p.m. at the Clarion Town House.
Sincerely,
June E. Hartley
Office Manager
January 2, 2007
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 Florence County Economic Development Partnership, the Members and staff of the House of Representatives are invited to a reception. This event will be held on Tuesday, March 20, 2007, from 8:00 p.m. until 9:00 p.m. at the Columbia Museum of Art.
Sincerely,
Lyles Cooper
Communications & Membership Relations Manager
January 2, 2007
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 Coroner’s Association, the Members and staff of the House of Representatives are invited to a breakfast. This event will be held on Wednesday, March 21, 2007, from 8:00 a.m. until 10:00 a.m. in Room 221 of the Blatt Building.
Sincerely,
Denise Fenters
Association Manager
January 2, 2007
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 Association of Public Library Administrators, the Members of the House of Representatives are invited to a luncheon. This event will be held on Wednesday, March 21, 2007, from 12:00 noon until 2:00 p.m. at Seawell’s Banquet and Reception Center.
Sincerely,
Dwight McInvaill, Director
Georgetown County Library
January 2, 2007
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 Home Builders Association of SC, the Members and staff of the House of Representatives are invited to a Bird Supper. This event will be held on Wednesday, March 21, 2007, at Seawell’s. The reception will begin at 6:30 p.m. with dinner immediately following at 7:15 p.m.
Sincerely,
John C. Cone
Executive Director
January 2, 2007
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 Children’s Advocacy Centers, the Members and staff of the House of Representatives are invited to a breakfast. This event will be held on Thursday, March 22, 2007, from 8:00 a.m. until 10:00 a.m. in Room 221 of the Blatt Building.
Sincerely,
Matthew A. Van Patton, Principal
Palmetto Public Affairs, Inc.
January 2, 2007
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 York County Regional Chamber of Commerce, the Members and staff of the House of Representatives are invited to the 20th Annual York County Day Legislative Reception. This event will be held on Tuesday, March 27, 2007, from 6:00 p.m. until 8:00 p.m. at the Clarion Town House Hotel.
Sincerely,
L. Dean Faile
Sr. Vice President
January 2, 2007
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 Prayer Fellowship, the Members of the House of Representatives are invited to the SC State Prayer Breakfast. This event will be held on Wednesday, March 28, 2007, at 7:30 a.m. at the Radisson Hotel.
Sincerely,
C. Tommy Young
Chairman
January 2, 2007
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 Coalition for Promoting Physical Activity and the SC Governor’s Council on Physical Fitness, the Members and staff of the House of Representatives are invited to a breakfast. This event will be held on Wednesday, March 28, 2007, from 8:00 a.m. until 10:00 a.m. in Room 221 of the Blatt Building.
Sincerely,
Amy Splittgerber, M.Ed.
Executive Director
January 2, 2007
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Chairman Leach:
On behalf of AARP-SC, the Members and staff of the House of Representatives are invited to a luncheon. This event will be held on Wednesday, March 28, 2007, from 12:00 noon until 2:00 p.m. on the State House grounds.
Sincerely,
Teresa Arnold
Legislative Director
January 2, 2007
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 Hospital Association, the Members and staff of the House of Representatives are invited to a reception. This event will be held on Wednesday, March 28, 2007, beginning at 6:00 p.m. at the Clarion Town House Hotel.
Sincerely,
J. Thornton Kirby
President & CEO
January 2, 2007
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 Aviation Association, the Members of the House of Representatives are invited to a breakfast. This event will be held on Thursday, March 29, 2007, from 8:00 a.m. until 10:00 a.m. in Room 221 of the Blatt Building.
Sincerely,
Katie English
Administrative Manager
REPORTS OF STANDING COMMITTEES
Rep. WALKER, from the Committee on Education and Public Works, submitted a favorable report on:
H. 3155 -- Reps. Walker, Littlejohn and Mahaffey: A BILL TO AMEND SECTION 13-1-1050, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TERMS OF MEMBERS OF THE AERONAUTICS COMMISSION, SO AS TO PROVIDE THAT NO COMMISSION MEMBER MAY SERVE MORE THAN TWO CONSECUTIVE TERMS BUT MAY BE ELIGIBLE TO SERVE AGAIN FOUR YEARS AFTER THE EXPIRATION OF HIS TERM.
Ordered for consideration tomorrow.
Rep. LEACH, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:
H. 3364 -- Rep. W.D.Smith: A HOUSE RESOLUTION TO PROVIDE THAT THE STAFF SERVING THE MEMBERS OF THE HOUSE OF REPRESENTATIVES IS NOT REQUIRED TO WORK ON GOOD FRIDAY, APRIL 6, 2007.
Ordered for consideration tomorrow.
Rep. LEACH, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:
H. 3308 -- Reps. Miller, Viers, Anderson, Hardwick, Leach, Limehouse, Duncan, Ceips, Hodges, Lowe, Scarborough, Witherspoon and Young: A CONCURRENT RESOLUTION TO MEMORIALIZE THE PRESIDENT AND CONGRESS OF THE UNITED STATES, THE GOVERNOR, AND THE DIRECTOR OF THE DEPARTMENT OF INSURANCE, AND ENTITIES UNDERWRITING HOMEOWNERS INSURANCE POLICIES IN SOUTH CAROLINA TO ACT WITH ALL DUE EXPEDIENCY TO ADDRESS THE HOMEOWNERS INSURANCE CRISIS FACING OWNERS OF PROPERTY SITUATED IN COUNTIES BORDERING THE SOUTH CAROLINA COAST.
Ordered for consideration tomorrow.
Rep. LEACH, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:
H. 3265 -- Reps. Sellers and Scott: A CONCURRENT RESOLUTION INVITING THE HONORABLE JAMES E. CLYBURN, MEMBER OF THE UNITED STATES HOUSE OF REPRESENTATIVES FROM THE SIXTH CONGRESSIONAL DISTRICT OF SOUTH CAROLINA AND NEWLY-ELECTED MAJORITY WHIP OF THE HOUSE OF REPRESENTATIVES FOR THE 110TH CONGRESS, TO ADDRESS THE GENERAL ASSEMBLY IN JOINT ASSEMBLY ON A DATE AND TIME CONVENIENT FOR REPRESENTATIVE CLYBURN'S SCHEDULE AS DETERMINED BY THE PRESIDENT PRO TEMPORE OF THE SENATE AND THE SPEAKER OF THE HOUSE OF REPRESENTATIVES.
Ordered for consideration tomorrow.
Rep. LEACH, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:
S. 227 -- Senators Ford, Anderson, Alexander, Courson, Campsen, O'Dell, Williams, Knotts, Hutto, Matthews, Land, Jackson, McConnell, Patterson, McGill, Pinckney, Reese, Elliott, Leatherman, Peeler, Lourie, Malloy, Sheheen, Short, Rankin, Ryberg, Ritchie, Leventis, Fair, Grooms, Cromer, Bryant, Mescher, Martin, Hayes, Richardson, Scott, Vaughn, Setzler and Moore: A CONCURRENT RESOLUTION INVITING THE HONORABLE JAMES E. CLYBURN, MEMBER OF THE UNITED STATES HOUSE OF REPRESENTATIVES FROM THE SIXTH CONGRESSIONAL DISTRICT OF SOUTH CAROLINA AND NEWLY-ELECTED MAJORITY WHIP OF THE HOUSE OF REPRESENTATIVES FOR THE 110TH CONGRESS, TO ADDRESS THE GENERAL ASSEMBLY IN JOINT ASSEMBLY ON A DATE AND TIME CONVENIENT FOR REPRESENTATIVE CLYBURN’S SCHEDULE AS DETERMINED BY THE PRESIDENT PRO TEMPORE OF THE SENATE AND THE SPEAKER OF THE HOUSE OF REPRESENTATIVES.
Ordered for consideration tomorrow.
Rep. LEACH, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:
H. 3345 -- Reps. Ceips, Harrison, E.H.Pitts and J.E.Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-1-618 SO AS TO DESIGNATE AUGUST 16TH EVERY YEAR AS SOUTH CAROLINA AIRBORNE HERITAGE DAY.
Ordered for consideration tomorrow.
HOUSE RESOLUTION
The following was introduced:
H. 3393 -- Reps. Harrell, Cooper, Agnew, Alexander, Allen, Anderson, Anthony, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bingham, Bowen, Bowers, Brady, Branham, Brantley, Breeland, G.Brown, R.Brown, Cato, Ceips, Chalk, Chellis, Clemmons, Clyburn, Cobb-Hunter, Coleman, Cotty, Crawford, Dantzler, Davenport, Delleney, Duncan, Edge, Frye, Funderburk, Gambrell, Govan, Gullick, Hagood, Haley, Hamilton, Hardwick, Harrison, Hart, Harvin, Haskins, Hayes, Herbkersman, Hinson, Hiott, Hodges, Hosey, Howard, Huggins, 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 COMMEND MR. FRANK FUSCO, EXECUTIVE DIRECTOR OF THE SOUTH CAROLINA BUDGET AND CONTROL BOARD, FOR HIS THIRTY-FOUR YEARS OF DISTINGUISHED AND DEDICATED SERVICE TO THE STATE OF SOUTH CAROLINA UPON HIS RETIREMENT FROM THIS POSITION, AND TO WISH HIM MUCH SUCCESS AND FULFILLMENT IN ALL HIS FUTURE ENDEAVORS.
Whereas, for thirtyfour years Mr. Frank Fusco has diligently served the State of South Carolina in various capacities, the last six as Executive Director of the South Carolina Budget and Control Board; and
Whereas, previously he had gained the knowledge and skill necessary for his current position by working his way up through the ranks of public service, including the Office of Executive Policy and Programs, the Legislative Audit Council, the Joint Appropriations Review Committee, and, in more recent years, by serving as Director of Research for the House Ways and Means Committee, spending nine years in that position and fourteen overall with the committee, and two years as Deputy Chief of Staff for Legislative and Budget Affairs in Governor Jim Hodges’ office; and
Whereas, after growing up in Columbia, he earned a Bachelor of Arts degree from Florida Southern College and served his country honorably as a First Lieutenant with the U.S. Army Signal Corps; and
Whereas, his service in his many capacities has inspired and established a model of professionalism for all public employees and staff to follow; and
Whereas, he is an enormously creative problem solver, organizer, and strategic planner who always thinks about problems in a manner that brings about effective and workable solutions; and
Whereas, Frank is blessed with a wonderful sense of humor and has a flair for practical jokes, counting among his victims many members and staff of the General Assembly; and
Whereas, Frank Fusco without question has been one of the most effective and innovative public servants and employees ever to have worked in state government; and
Whereas, from being an early advocate of the use of technology in the 1990s to developing and implementing the concepts and principles of Total Quality Management first espoused by Malcolm Baldrige, he has left a mark on South Carolina and South Carolina State Government that few public officials elected or appointed will ever realize; and
Whereas, in addition to being an intelligent and capable professional, Frank Fusco is simply a truly nice person, with a wide range of interests, such as his eclectic band, which generally practices at his residence in Columbia; his work with numerous animalrescue groups like Rescuing Dogs and Cats; and his vacation home in the mountains of North Carolina, where hopefully he and his beloved wife, Pam, will get to spend more time; and
Whereas, it is fitting that the members of the House of Representatives, on behalf of the citizens of South Carolina, should thank and honor this truly outstanding man for an exemplary career of service to his native State upon the occasion of his retirement as Executive Director of the State Budget and Control Board, a position that caps a career in state government of great distinction and accomplishment. Now, therefore,
Be it resolved by the House of Representatives:
That the members of the House of Representatives of the State of South Carolina, by this resolution, commend Mr. Frank Fusco, Executive Director of the South Carolina Budget and Control Board, for his thirtyfour years of distinguished and dedicated service to the State of South Carolina upon his retirement from this position, and wish him much success and fulfillment in all his future endeavors.
Be it further resolved that a copy of this resolution be presented to Mr. Frank Fusco.
The Resolution was adopted.
INTRODUCTION OF BILLS
The following Bills and Joint Resolutions were introduced, read the first time, and referred to appropriate committees:
H. 3394 -- Reps. W.D.Smith, Walker, Davenport, Anthony, Kelly, Littlejohn, Mahaffey and Taylor: A BILL TO DESIGNATE SECTIONS 1, 2, 3, AND 4 OF ACT 906 OF 1962, AS AMENDED, AND SECTION 2 OF ACT 197 OF 1973, BOTH RELATING TO THE SPARTANBURG COUNTY COMMISSION FOR TECHNICAL AND COMMUNITY EDUCATION, AS SECTIONS 59-53-1110, 59-53-1120, 59-53-1130, AND 59-53-1140 OF THE 1976 CODE, TO BE CONTAINED IN ARTICLE 14, CHAPTER 53, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, ENTITLED "SPARTANBURG COUNTY COMMISSION FOR TECHNICAL AND COMMUNITY EDUCATION"; TO REDUCE FROM FOUR TO TWO THE MEMBERS APPOINTED AT LARGE FROM SPARTANBURG COUNTY AND TO ADD ONE MEMBER FROM CHEROKEE COUNTY SCHOOL DISTRICT ONE AND ONE MEMBER FROM THE SCHOOL DISTRICT OF UNION COUNTY AND PROVIDE TRANSITION PROVISIONS; AND BY ADDING SUBARTICLE 3 TO ARTICLE 14, CHAPTER 53, TITLE 59 SO AS TO ENACT THE "SPARTANBURG COMMUNITY COLLEGE ENTERPRISE CAMPUS AUTHORITY ACT", TO PROVIDE FOR THE POWERS AND DUTIES OF THE SPARTANBURG COMMUNITY COLLEGE COMMISSION FOR PURPOSES OF THE DEVELOPMENT OF ITS CHEROKEE COUNTY AND TYGER RIVER CAMPUSES, TO PROVIDE FOR THE CREATION OF THE SPARTANBURG COMMUNITY COLLEGE ENTERPRISE CAMPUS AUTHORITY, AND TO PROVIDE FOR THE POWERS AND DUTIES OF THE AUTHORITY.
Referred to Committee on Education and Public Works
H. 3395 -- Rep. Funderburk: 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.