James Emerson Smith in SC legislative records

On Drugs: Additional licenses for more drug treatment facilities

Veto Letter from Gov. Haley: I am vetoing this bill because I believe the Certificate of Need program create unnecessary regulation for the healthcare market. The CON process allows government to ration care, stifle competition in the medical field, and pick which facilities and practices are allowed to succeed. While I understand that this bill is designed in-part to control the growth of treatment facilities that distribute controlled substances, these facilities are already highly regulated & do not need additional licensure.

Legislative outcome:Bill passed Senate 31-11-0 on March 24; bill passed House 94-0-30 on May 4; Rep. Smith voted YES; vetoed by Governor Haley on May 23; Veto overridden, law took effect 6/15/2011.

On Government Reform: Voted NO on requiring photo ID in order to vote

• [When voting, a person must present photo ID and] a voting official shall compare the photograph contained on the ID and verify that the photograph is that of the person seeking to vote.
• For voting purposes, determining a person's domicile includes: income tax returns; legal residence tax assessment; address on driver's license; or legal and financial documents.
• If the voter cannot produce the identification as required, he may cast a provisional ballot that is counted only if the voter brings a valid photo identification before certification of the election.
• If a voter suffers from a reasonable impediment that prevents the elector from obtaining photograph identification, he may complete an affidavit under the penalty of perjury at the polling place.

Status:Bill passed Senate, 26-16-0; passed House 71-36-17; signed by Governor, May 18, 2011. (Rep. James Emerson Smith voted NAY).

On Immigration: Voted NAY on police checking immigration status

• It is a felony for a person who has remained in the US in violation of law to conceal themselves from detection or to conspire to conceal that person from state or federal authorities.
• A law enforcement officer, when stopping a person for some other criminal offense, must determine the immigration status of that person if the officer suspects that the person is illegally in the US.
• If a prisoner who is an alien unlawfully present in the US completes the prisoner's sentence of incarceration, the keeper of the jail shall notify the US Department of Homeland Security [or ICE agency] and shall securely transport the prisoner to a federal facility [for deportation].
• Implement a fee on wire transfers to foreign countries: a 1% fee with a minimum of $5.

Status:Bill passed Senate, 22-14-0; passed House 65-39-20; signed by Governor, June 27, 2011. (Rep. James Emerson Smith voted NAY).