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 Proverbs 15:1: "A gentle answer turns away wrath, but a harsh word stirs up anger."
Let us pray. Loving and Gracious God, as we assemble for another day, help us to remember to be kind and gentle and considerate when dealing with each other. Give us the strength to stand for what is right and accept the yoke You have made for us and to work alongside others in achieving the desired results. Look in favor upon our Nation, President, State, and her leaders. Keep our defenders of freedom safe in Your loving arms. 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. YOUNG moved that when the House adjourns, it adjourn in memory of Jerald J. Hartrich of Summerville, which was agreed to.

The following were received and referred to the appropriate committee for consideration:

Document No. 3008
Agency: Clemson University, State Crop Pest Commission
Statutory Authority: Chapter 9, Title 46 of the 1976 Code
Requirements for Distribution, Labeling and Sale of "Soil Amendments"
Received by Speaker of the House of Representatives
January 18, 2006

Document No. 3007
Agency: Clemson University, State Crop Pest Commission
Statutory Authority: Chapter 9, Title 46 of the 1976 Code
Imported Fire Ant Quarantine
Received by Speaker of the House of Representatives
January 18, 2006
Referred to Agriculture, Natural Resources and Environmental Affairs Committee
Legislative Review Expiration May 18, 2006

Rep. LEACH, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:

S. 1042 (Word version) -- Senators Hutto, Alexander, Anderson, Bryant, Campsen, Cleary, Courson, Cromer, Drummond, Elliott, Fair, Ford, Gregory, Grooms, Hawkins, Hayes, Jackson, Knotts, Land, Leatherman, Leventis, Lourie, Malloy, Martin, McConnell, McGill, Mescher, Moore, O'Dell, Patterson, Peeler, Pinckney, Rankin, Reese, Richardson, Ritchie, Ryberg, Scott, Setzler, Sheheen, Short, J. V. Smith, Thomas, Verdin and Williams: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE INTERCHANGE AT EXIT 159 ALONG INTERSTATE HIGHWAY 26 IN ORANGEBURG COUNTY THE "JOHN W. MATTHEWS, JR. INTERCHANGE", AND TO ERECT APPROPRIATE MARKERS OR SIGNS AT THIS INTERCHANGE THAT CONTAIN THE WORDS "JOHN W. MATTHEWS, JR. INTERCHANGE".
Ordered for consideration tomorrow.

Rep. TOWNSEND, from the Committee on Education and Public Works, submitted a favorable report with amendments on:

H. 4328 (Word version) -- Reps. Walker, Townsend, Anthony, Clark, J. Hines, J. H. Neal, Owens, E. H. Pitts, D. C. Smith, M. A. Pitts, Bailey, Littlejohn, Clyburn and Toole: A BILL TO PROVIDE FOR THE BUDGET AND CONTROL BOARD TO ISSUE A REQUEST FOR

The following was introduced:

H. 4461 (Word version) -- Rep. Hinson: A HOUSE RESOLUTION HONORING THE SOUTH CAROLINA DEPARTMENT OF ARCHIVES AND HISTORY AND RECOGNIZING ITS SIGNIFICANT ROLE IN HISTORIC PRESERVATION IN THE STATE AS IT CELEBRATED ITS CENTENNIAL YEAR IN 2005.

The Resolution was adopted.

The following Bills and Joint Resolution were introduced, read the first time, and referred to appropriate committees:

H. 4462 (Word version) -- Reps. Howard, Clyburn, Jefferson, Hosey, Whipper, Mack, Anderson, Bowers, R. Brown, Hodges and Littlejohn: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 39-5-177 SO AS TO MAKE IT AN UNFAIR TRADE PRACTICE FOR A PERSON WHO LEASES OR RENTS A MOTOR VEHICLE FOR COMPENSATION IN THIS STATE TO REFUSE TO DO BUSINESS IN THIS STATE WITH A PERSON WHO OTHERWISE QUALIFIES AS A LESSEE OR RENTER AND WHO HAS REACHED THE REQUISITE AGE FOR MILITARY SERVICE, HOLDS A VALID DRIVER'S LICENSE, AND DEMONSTRATES PROOF OF MOTOR VEHICLE LIABILITY INSURANCE.
Referred to Committee on Labor, Commerce and Industry

H. 4463 (Word version) -- Reps. Hardwick, Witherspoon, Funderburk, McLeod, Barfield, Leach, Bannister, Altman, Anderson, R. Brown, Ceips, Chalk, Chellis, Clemmons, Clyburn, Dantzler, Edge, Hagood, Harrell, Haskins, Herbkersman, Hiott, Jefferson, Jennings, Kennedy, Limehouse, Loftis, Merrill, Miller, Neilson, Owens, Perry, Rice, Sandifer, Scarborough, Skelton, G. R. Smith, J. R. Smith, Stewart, Vick and Viers: A BILL TO AMEND SECTION 59-18-110, CODE

H. 4464 (Word version) -- Reps. Hinson, Merrill, Dantzler and Limehouse: A BILL TO AMEND ACT 518 OF 1982, AS AMENDED, RELATING TO THE SCHOOL DISTRICT OF BERKELEY COUNTY, THE ELECTION OF ITS MEMBERS, AND THE AUTHORITY OF THE COUNTY BOARD OF EDUCATION TO PREPARE AN OPERATIONAL BUDGET AND SET THE NECESSARY TAX MILLAGE TO SUPPORT THE MILLAGE, SO AS TO PROVIDE THAT THE GOVERNING BODY OF BERKELEY COUNTY SHALL APPROVE BOTH THE BUDGET AND THE TAX MILLAGE NECESSARY TO FUND THE BUDGET.
On motion of Rep. HINSON, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

H. 4465 (Word version) -- Reps. Harrell, W. D. Smith, J. Brown, Cato, Chellis, Cooper, Harrison, Townsend, Witherspoon, Merrill, Vaughn, Clemmons, Cotty, Walker, Altman, Ballentine, Ceips, Hagood, Haley, Haskins, Herbkersman, Hinson, Mahaffey, Norman, E. H. Pitts, Sandifer, Scarborough, D. C. Smith, G. M. Smith, G. R. Smith, J. R. Smith, Taylor and Umphlett: A BILL TO AMEND CHAPTER 41, TITLE 2, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JOINT COMMITTEE ON TAXATION, SO AS TO REPLACE THAT COMMITTEE WITH THE TAX STUDY COMMISSION AND PROVIDE FOR ITS MEMBERSHIP AND DUTIES, TO PROVIDE THAT THE FIRST ORDER OF BUSINESS OF THIS TAX STUDY COMMISSION IS A REVIEW OF STATE SALES AND USE TAX EXEMPTIONS WHICH MUST BE SUBMITTED TO THE GENERAL ASSEMBLY AND THE GOVERNOR BEFORE JANUARY 9, 2007, TO REQUIRE THAT REVIEW TO CONTAIN SPECIFIC RECOMMENDATIONS WITH RESPECT TO EXEMPTIONS TO BE ELIMINATED OR REVISED AND A REDUCED STATE SALES AND USE TAX RATE TO PROVIDE REVENUE NEUTRALITY, TO PROVIDE FOR THE REPORTING AND IMPLEMENTATION OF THE COMMITTEE'S RECOMMENDATIONS AND AMENDMENTS ALLOWED TO THESE RECOMMENDATIONS AND THE MANNER IN WHICH

H. 4466 (Word version) -- Reps. Viers, E. H. Pitts, Clark, Merrill, Ballentine, Haley, Vick, Agnew, Coates, Leach, Vaughn, Anthony, Bannister, Altman, Anderson, Barfield, Battle, Bingham, Bowers, Brady, Branham, G. Brown, Cato, Ceips, Chalk, Chellis, Clemmons, Coleman, Cotty, Dantzler, Delleney, Duncan, Edge, Emory, Hagood, Hardwick, Harrison, Hayes, Herbkersman, Hinson, Huggins, Kirsh, Limehouse, Loftis, Mahaffey, McGee, McLeod, Miller, Norman, Ott, Owens, Pinson, M. A. Pitts, Rhoad, Sandifer, Scarborough, D. C. Smith, G. M. Smith, G. R. Smith, J. R. Smith, Stewart, Taylor, Thompson, Toole, Townsend, Tripp, Umphlett, Weeks, Whipper and Witherspoon: A BILL TO AMEND CHAPTER 101, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-101-215 SO AS TO PROVIDE THAT ANY INSTITUTION OF HIGHER LEARNING OF THIS STATE, OR A COLLEGE, PROFESSIONAL SCHOOL, OR COMPONENT OF THE INSTITUTION OF HIGHER LEARNING, WHICH DOES NOT PROVIDE RECRUITERS OF ANY BRANCH OF THE UNIFORMED SERVICES OF THE UNITED STATES WITH THE SAME ACCESS IT PROVIDES TO NONMILITARY RECRUITERS FOR THE PURPOSE OF STUDENT RECRUITMENT SHALL HAVE ITS STATE FUND APPROPRIATIONS FOR GENERAL OPERATING PURPOSES REDUCED BY TEN PERCENT AND WITHHELD FOR THE FOLLOWING FISCAL YEAR AND FOR EACH FISCAL YEAR THEREAFTER UNTIL THE ACCESS DENIAL IS REMEDIED.
Referred to Committee on Ways and Means

H. 4471 (Word version) -- Reps. Clemmons, Barfield, Vick, Martin, Cotty, Witherspoon, Hardwick, Harrison, Altman, Bales, Edge, Hagood, Hayes, Jennings, Leach, Limehouse, Loftis, M. A. Pitts, Rice, Sinclair, J. E. Smith, Viers and White: A BILL TO AMEND SECTIONS 22-3-10 AND 22-3-30, BOTH AS AMENDED AND BOTH RELATING TO JURISDICTION OF THE MAGISTRATE'S COURT, BOTH SO AS TO PROVIDE THAT IN A COMMERCIAL LEASE RELATIONSHIP THE MAGISTRATE SHALL RETAIN JURISDICTION OVER AN EJECTMENT ACTION AND

H. 4472 (Word version) -- Reps. Clemmons, Barfield, Loftis, Leach, Witherspoon, Hardwick, Vick, Hosey, Altman, Bales, Breeland, Cooper, Davenport, Edge, Emory, Harrell, Hayes, Limehouse, Merrill, M. A. Pitts, Scarborough and Viers: A BILL TO AMEND SECTION 56-16-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS OF TERMS CONTAINED IN CERTAIN PROVISIONS THAT REGULATE MOTORCYCLE MANUFACTURERS, DISTRIBUTORS, DEALERS, AND WHOLESALERS, SO AS TO REVISE THE DEFINITIONS OF THE TERMS "MANUFACTURER", "DEALERSHIP FACILITIES", "FRANCHISE", AND "DEALER", AND TO PROVIDE DEFINITIONS FOR THE TERMS "MOTORCYCLE DEALERSHIP" AND "DEPARTMENT"; TO AMEND SECTION 56-16-40, RELATING TO THE PROCEDURE A MANUFACTURER WHO SEEKS TO ENTER INTO A FRANCHISE ESTABLISHING AN ADDITIONAL NEW MOTORCYCLE DEALERSHIP OR RELOCATING AN EXISTING NEW MOTORCYCLE DEALERSHIP IN A RELEVANT MARKET AREA WHERE THIS LINE MAKE IS REPRESENTED MUST FOLLOW, SO AS TO DELETE THE EXISTING PROCEDURE AND ESTABLISH A NEW

H. 4473 (Word version) -- Reps. Ceips, M. A. Pitts, Battle, Brady, Davenport, Duncan, Hardwick, Haskins, Limehouse, Merrill, Miller, Scarborough and Witherspoon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-31-250 SO AS TO PROVIDE THAT THE STATE LAW ENFORCEMENT DIVISION MAY ISSUE EMERGENCY PERMITS THAT ALLOW CERTAIN PERSONS TO CARRY A CONCEALED WEAPON; AND TO AMEND SECTION 20-4-60, AS AMENDED, RELATING TO A PETITION FOR AN ORDER OF PROTECTION, SO AS TO PROVIDE THAT WHEN AN ORDER OF PROTECTION IS ISSUED, THE CLERK OF COURT MUST PROVIDE THE PETITION'S APPLICANT WITH AN INFORMATIONAL SHEET THAT EXPLAINS THE APPLICANT'S RIGHT TO APPLY FOR A PERMIT TO CARRY A CONCEALED WEAPON, AND THAT THE JUDGE THAT ISSUES AN ORDER OF PROTECTION MUST INFORM A VICTIM OF CRIMINAL DOMESTIC VIOLENCE

H. 4474 (Word version) -- Rep. Cooper: A JOINT RESOLUTION TO CLARIFY THE STATE BUDGET AND CONTROL BOARD'S ACTION TAKEN ON NOVEMBER 1, 2005, RELATING TO THE SECOND INJURY FUND'S ASSESSMENT.
Referred to Committee on Labor, Commerce and Industry

H. 4475 (Word version) -- Rep. Huggins: A BILL TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 57 SO AS TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES MAY ISSUE "FREEMASONRY" SPECIAL LICENSE PLATES AND TO PROVIDE FOR THE DISTRIBUTION OF FEES COLLECTED FOR THESE SPECIAL LICENSE PLATES.
Referred to Committee on Education and Public Works

The following was introduced:

H. 4467 (Word version) -- Reps. Scott, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, Bannister, Barfield, Battle, Bingham, Bowers, Brady, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Frye, Funderburk, Govan, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hiott, Hodges, Hosey, Howard, Huggins, Jefferson, Jennings, Kennedy, Kirsh, Leach, Limehouse, Littlejohn, Loftis, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Norman, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rhoad, Rice, Rivers, Rutherford, Sandifer, Scarborough, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Stewart, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Umphlett, Vaughn, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Witherspoon and Young: A HOUSE RESOLUTION TO

The Resolution was adopted.

The following was introduced:

H. 4468 (Word version) -- Reps. White, Agnew, Cooper, Martin, Thompson and Townsend: A CONCURRENT RESOLUTION RECOGNIZING THE HONORABLE WILLIAM PRESSLEY STEELE, JR. FOR HIS TWENTY YEARS OF DEDICATED SERVICE TO ANDERSON COUNTY FROM THE BENCH OF THE SUMMARY COURT AND HONORING HIM FOR HIS COMMITMENT TO JUSTICE AND HIS COMMUNITY.

The Concurrent Resolution was agreed to and ordered sent to the Senate.

The following was introduced:

H. 4469 (Word version) -- Reps. Scott, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, Bannister, Barfield, Battle, Bingham, Bowers, Brady, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Frye, Funderburk, Govan, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hiott, Hodges, Hosey, Howard, Huggins, Jefferson, Jennings, Kennedy, Kirsh, Leach, Limehouse, Littlejohn, Loftis, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Norman, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rhoad, Rice, Rivers, Rutherford, Sandifer, Scarborough, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith,

The Concurrent Resolution was agreed to and ordered sent to the Senate.

The following was introduced:

H. 4470 (Word version) -- Reps. Bailey, Chellis, Harrell and Young: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE INTERCHANGE LOCATED AT THE INTERSECTION OF UNITED STATES HIGHWAY 78 AND UNITED STATES HIGHWAY 15 IN THE CITY OF ST. GEORGE THE "NELL BENNETT INTERCHANGE", AND ERECT APPROPRIATE SIGNS OR MARKERS AT THIS INTERCHANGE THAT CONTAIN THE WORDS "NELL BENNETT INTERCHANGE".
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

The roll call of the House of Representatives was taken resulting as follows:

Agnew                  Allen                  Altman
Anderson               Anthony                Bailey
Bales                  Ballentine             Bannister
Barfield               Battle                 Bingham
Bowers                 Brady                  Branham
Breeland               J. Brown               Cato
Ceips                  Chalk                  Chellis
Clark                  Clemmons               Coates
Cobb-Hunter            Coleman                Cooper
Cotty                  Dantzler               Davenport
Delleney               Duncan                 Edge

Emory                  Frye                   Funderburk
Hagood                 Haley                  Hamilton
Hardwick               Harrell                Harrison
Hayes                  Herbkersman            J. Hines
M. Hines               Hinson                 Hiott
Hodges                 Hosey                  Howard
Huggins                Jefferson              Kennedy
Kirsh                  Leach                  Limehouse
Littlejohn             Loftis                 Lucas
Mack                   Mahaffey               Martin
McCraw                 McGee                  McLeod
Merrill                Miller                 Mitchell
J. M. Neal             Neilson                Norman
Ott                    Owens                  Parks
Perry                  Phillips               Pinson
E. H. Pitts            M. A. Pitts            Rhoad
Rice                   Rivers                 Rutherford
Sandifer               Scarborough            Scott
Simrill                Sinclair               Skelton
D. C. Smith            F. N. Smith            G. M. Smith
G. R. Smith            J. E. Smith            J. R. Smith
W. D. Smith            Stewart                Talley
Taylor                 Toole                  Townsend
Umphlett               Vaughn                 Vick
Viers                  Walker                 Weeks
White                  Whitmire               Witherspoon
Young

I came in after the roll call and was present for the Session on Thursday, January 19.

William Clyburn                   Joseph Neal
Grady Brown                       Jackson "Seth"  Whipper
Gloria Haskins                    Bessie Moody-Lawrence
Douglas Jennings
Jerry Govan   Michael Thompson

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. After a bill or resolution has been presented and given first reading, no further names of co-sponsors may be added. 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. 4144 (Word version)
Date:   ADD:
01/19/06   OWENS

Bill Number:   H. 4351 (Word version)
Date:   ADD:
01/19/06   LEACH

Bill Number:   H. 4351 (Word version)
Date:   ADD:
01/19/06   BAILEY

Bill Number:   H. 4449 (Word version)
Date:   ADD:
01/19/06   D. C. SMITH

Bill Number:   H. 3882 (Word version)
Date:   ADD:
01/19/06   CLARK

Bill Number:   H. 4449 (Word version)
Date:   ADD:
01/19/06   BALES

Bill Number:   H. 4449 (Word version)
Date:   ADD:
01/19/06   LUCAS

Bill Number:   H. 4449 (Word version)
Date:   ADD:
01/19/06   KIRSH

Bill Number:   H. 4449 (Word version)
Date:   ADD:
01/19/06   HUGGINS

Bill Number:   H. 4449 (Word version)
Date:   ADD:
01/19/06   BRADY

Bill Number:   H. 4449 (Word version)
Date:   ADD:
01/19/06   HAMILTON

Bill Number:   H. 4450 (Word version)
Date:   ADD:
01/19/06   W. D. SMITH

Bill Number:   H. 4450 (Word version)
Date:   ADD:
01/19/06   KIRSH

Bill Number:   H. 4450 (Word version)
Date:   ADD:
01/19/06   HUGGINS

Bill Number:   H. 4450 (Word version)
Date:   ADD:
01/19/06   HAMILTON

Bill Number:   H. 3879 (Word version)
Date:   ADD:
01/19/06   DUNCAN

Bill Number:   H. 4165 (Word version)
Date:   ADD:
01/19/06   DUNCAN

Bill Number:   H. 4443 (Word version)
Date:   ADD:
01/19/06   COTTY

Bill Number:   H. 4444 (Word version)
Date:   ADD:
01/19/06   COTTY

Bill Number:   H. 4144 (Word version)
Date:   ADD:
01/19/06   RICE

Bill Number:   H. 4144 (Word version)
Date:   ADD:
01/19/06   HARDWICK

Bill Number:   H. 4353 (Word version)
Date:   ADD:
01/19/06   HARDWICK

Bill Number:   H. 4344 (Word version)
Date:   ADD:
01/19/06   HARDWICK

Bill Number:   H. 4449 (Word version)
Date:   REMOVE:
01/19/06   HAYES

Bill Number:   H. 4450 (Word version)
Date:   REMOVE:
01/19/06   HAYES

The following Bills and Joint Resolution were taken up, read the second time, and ordered to a third reading:

H. 4385 (Word version) -- Reps. Chalk and Herbkersman: A BILL TO AMEND ACT 596 OF 1969, AS AMENDED, RELATING TO THE HILTON HEAD NO. 1 PUBLIC SERVICE DISTRICT IN BEAUFORT COUNTY, SO AS TO EXTEND THE TERMS OF COMMISSIONERS CURRENTLY SERVING BY ONE YEAR SO AS TO HAVE THEIR ELECTION IN EVEN-NUMBERED YEARS.

S. 1023 (Word version) -- Senator Hayes: A BILL TO AMEND ACT 214 OF 2005, AS AMENDED, RELATING TO THE ESTABLISHMENT OF ELECTION DISTRICTS FROM WHICH MEMBERS OF THE SCHOOL BOARD OF TRUSTEES OF YORK SCHOOL DISTRICT 1 OF YORK COUNTY ARE ELECTED, SO AS TO CHANGE THE DATES ON WHICH THE ELECTION IS CONDUCTED.

H. 4294 (Word version) -- Reps. Rhoad, Bailey and Moody-Lawrence: A JOINT RESOLUTION TO AUTHORIZE THE STATE BUDGET AND CONTROL BOARD TO TRANSFER OWNERSHIP OF A SURPLUS

On motion of Rep. CHALK, with unanimous consent, it was ordered that H. 4385 (Word version) be read the third time tomorrow.

On motion of Rep. KIRSH, with unanimous consent, it was ordered that S. 1023 (Word version) be read the third time tomorrow.

On motion of Rep. RHOAD, with unanimous consent, it was ordered that H. 4294 (Word version) be read the third time tomorrow.

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. 965 (Word version) -- Senator Leatherman: A JOINT RESOLUTION TO DIRECT THE SOUTH CAROLINA COMMISSION FOR THE BLIND TO RETURN ALL SET-ASIDES COLLECTED FROM BLIND VENDORS PURSUANT TO SECTION 14.4, PART 1B OF THE 2005 GENERAL APPROPRIATIONS ACT; AND TO REPEAL SECTION 14.4, PART 1B OF THE 2005 GENERAL APPROPRIATIONS ACT.

S. 839 (Word version) -- Senators McConnell, Ford, Campsen and Grooms: A BILL TO AMEND SECTION 7-7-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN CHARLESTON COUNTY, SO AS TO REVISE AND RENAME CERTAIN VOTING PRECINCTS OF CHARLESTON COUNTY AND REDESIGNATE A MAP NUMBER FOR THE MAP ON WHICH LINES OF THESE PRECINCTS ARE DELINEATED AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICS OF THE STATE

The following Bill was taken up, read the third time, and ordered sent to the Senate:

H. 4365 (Word version) -- Rep. Rhoad: A BILL TO AMEND SECTION 7-7-90, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN BAMBERG COUNTY, SO AS TO DELETE ARCHAIC LANGUAGE, TO DELETE A SPECIFIC REFERENCE TO A VOTING PLACE, AND TO PROVIDE THAT THE POLLING PLACES FOR THE PRECINCTS MUST BE DETERMINED BY THE BAMBERG COUNTY REGISTRATION AND ELECTION COMMISSION WITH THE APPROVAL OF A MAJORITY OF THE BAMBERG COUNTY LEGISLATIVE DELEGATION.

The motion of Rep. J. E. SMITH to reconsider the vote whereby the following Bill was given a third reading was taken up:

H. 4404 (Word version) -- Labor, Commerce and Industry Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 25 TO CHAPTER 31, TITLE 5 SO AS TO PROVIDE FOR SAFETY NET PROGRAMS AND POLICIES FOR CERTAIN ELECTRIC AND NATURAL GAS CUSTOMERS TO ENSURE THAT THEIR UTILITY SERVICES ARE PROTECTED FROM TERMINATION DURING EXTREME WEATHER CONDITIONS AND PROVIDE THAT A PUBLIC UTILITY MAY DISCONNECT A SPECIAL NEEDS CONSUMER WHEN DIRECTED BY FIRE OR LAW ENFORCEMENT PERSONNEL IN AN EMERGENCY; BY ADDING ARTICLE 9 TO CHAPTER 49, TITLE 33 SO AS TO PROVIDE FOR SAFETY NET PROGRAMS AND POLICIES FOR CERTAIN ELECTRIC CUSTOMERS TO ENSURE THAT THEIR UTILITY SERVICES ARE PROTECTED FROM TERMINATION DURING EXTREME WEATHER CONDITIONS AND PROVIDE THAT A PUBLIC UTILITY MAY DISCONNECT A SPECIAL NEEDS CONSUMER WHEN DIRECTED BY FIRE OR LAW ENFORCEMENT PERSONNEL IN

Rep. CATO moved to adjourn debate on the motion to reconsider until Tuesday, January 24, which was agreed to.

On motion of Rep. E. H. PITTS, with unanimous consent, the following Bill was ordered recalled from the Committee on Ways and Means:

H. 4446 (Word version) -- Reps. Kennedy, Jennings, Lucas and Hayes: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-3367 SO AS TO ALLOW A TEN-YEAR MORATORIUM ON STATE CORPORATE INCOME TAXES OR INSURANCE PREMIUM TAXES TO A TAXPAYER THAT MAKES AT LEAST NINETY PERCENT OF THE TAXPAYER'S TOTAL INVESTMENT IN THIS STATE AND CREATES JOBS IN THE MORATORIUM COUNTY OR TO ALLOW THE MORATORIUM WHEN THAT TAXPAYER CREATES AT LEAST ONE HUNDRED NEW JOBS AND INVESTS AT LEAST ONE HUNDRED FIFTY MILLION DOLLARS IN A MANUFACTURING FACILITY IN A SECOND COUNTY DESIGNATED AS DISTRESSED, LEAST DEVELOPED, OR UNDERDEVELOPED WITH THE NINETY PERCENT OVERALL LIMITATION

Rep. LITTLEJOHN asked unanimous consent to recall H. 3136 (Word version) from the Committee on Judiciary.
Rep. J. E. SMITH objected.

The motion period was dispensed with on motion of Rep. KIRSH.

On motion of Rep. LEACH the House stood at ease subject to the call of the Chair.

At 10:45 a.m. the House resumed, the SPEAKER in the Chair.

Rep. SCARBOROUGH moved that the House recur to the Morning Hour, which was agreed to.

The following was introduced:

H. 4476 (Word version) -- Reps. Simrill, Delleney, Kirsh, Lucas, McCraw, Moody-Lawrence, J. M. Neal and Norman: A CONCURRENT RESOLUTION TO EXPRESS THE OPPOSITION OF THE SOUTH CAROLINA GENERAL ASSEMBLY TO THE INTERBASIN TRANSFER REQUEST BY THE CITIES OF CONCORD AND KANNAPOLIS, NORTH CAROLINA, TO REMOVE WATER FROM THE CATAWBA RIVER BASIN.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

The following Bills and Joint Resolution were introduced, read the first time, and referred to appropriate committees:

H. 4477 (Word version) -- Reps. Scarborough, Huggins, Toole, Leach, Bowers, Ceips, Dantzler, Harrell, Haskins, Hinson, Kirsh, Limehouse, Loftis, Sandifer, D. C. Smith, G. R. Smith, J. R. Smith and Umphlett: A BILL TO AMEND SECTION 59-150-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS OF THE SOUTH CAROLINA LOTTERY COMMISSION, SO AS TO REQUIRE THAT THE COMMISSION'S BANKING RELATIONSHIPS BE WITH BANKING INSTITUTIONS WHOSE PRINCIPAL PLACES OF BUSINESS ARE LOCATED IN THIS STATE.
Referred to Committee on Labor, Commerce and Industry

H. 4478 (Word version) -- Reps. Herbkersman, Young, E. H. Pitts, Haley, Huggins, Bailey, Bingham, Bowers, Cato, Harrison, Hosey, Martin, Norman, Rivers, Townsend and Vick: A BILL TO AMEND SECTION 15-78-200, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXCLUSIVE AND SOLE REMEDY FOR TORTS COMMITTED BY AN EMPLOYEE OF A GOVERNMENTAL ENTITY WHILE ACTING WITHIN THE SCOPE OF AN EMPLOYEE'S OFFICIAL DUTY, SO AS TO PROVIDE THAT THE LIMITATIONS OF THE TORT CLAIMS ACT DO NOT APPLY IF THE TORT COMMITTED BY AN EMPLOYEE OF A GOVERNMENTAL ENTITY IS FOUND TO BE ARBITRARY OR CAPRICIOUS AND IN THESE CIRCUMSTANCES THE EMPLOYEE MUST BE CONSIDERED TO BE ACTING OUTSIDE THE SCOPE OF HIS OFFICIAL DUTY.
Referred to Committee on Judiciary

H. 4479 (Word version) -- Reps. Jennings, Weeks, Harrison, Ott, Rivers and G. M. Smith: A BILL TO AMEND SECTION 12-21-3920, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN CONNECTION WITH THE REGULATION OF BINGO, SO AS TO NOTE THAT A REFERENCE TO THE "ORGANIZATION" MEANS THE NONPROFIT ORGANIZATION LICENSED TO SPONSOR THE GAME OF BINGO; TO AMEND SECTIONS 12-21-4020, AS AMENDED, 12-21-4090, AND 12-21-4190, ALL RELATING TO THE REGULATION OF THE GAME OF BINGO, ALL SO AS TO SUBSTITUTE "ORGANIZATION" FOR

H. 4481 (Word version) -- Reps. Martin, Townsend, J. H. Neal, McLeod, Clark, Agnew, Bales, Ballentine, Bannister, Barfield, Bingham, Brady, Cato, Coates, Cobb-Hunter, Dantzler, Frye, Harrison, Herbkersman, J. Hines, Hosey, Huggins, Jefferson, Miller, Ott, Parks, Pinson, Rhoad, Scott, Sinclair, Umphlett, Vaughn, Walker and White: A BILL TO AMEND SECTION 57-23-800, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEPARTMENT OF TRANSPORTATION'S MANAGEMENT OF VEGETATION ALONG INTERSTATE HIGHWAY MEDIANS, ROADSIDES, AND INTERCHANGES, SO AS TO PROVIDE THAT THE DEPARTMENT MAY UNDERTAKE THIS ACTIVITY AT ITS DISCRETION AFTER CONSULTING THE LOCAL GOVERNMENTAL AUTHORITY THAT HAS JURISDICTION OVER THE PORTION OF HIGHWAY SUBJECT TO THE VEGETATION MANAGEMENT PROJECT.
Referred to Committee on Education and Public Works

S. 1026 (Word version) -- Senators Leatherman, Leventis, Setzler, Rankin, McGill, Short, Martin, Sheheen, Alexander, Anderson, Bryant, Campsen, Cleary, Courson, Cromer, Drummond, Elliott, Fair, Ford, Gregory, Grooms, Hawkins, Hayes, Hutto, Jackson, Knotts, Land, Lourie, Malloy, Matthews, McConnell, Mescher, Moore, O'Dell, Patterson, Peeler, Pinckney, Reese, Richardson, Ritchie, Ryberg, Scott, J. V. Smith, Thomas, Verdin and Williams: A JOINT RESOLUTION TO APPROPRIATE FROM THE GENERAL FUND OF THE STATE TO THE STATE'S GENERAL DEPOSIT ACCOUNT FISCAL YEAR 2004-2005 SURPLUS REVENUES IN THE AMOUNT OF $104,934,400 FOR THE PURPOSE OF PREVENTING AN ACCUMULATED GENERALLY ACCEPTED ACCOUNTING PRINCIPLES (GAAP) GENERAL FUND DEFICIT.
Referred to Committee on Ways and Means

The following was taken up for immediate consideration:

H. 4480 (Word version) -- Reps. Brady, Cotty, Bales, Ballentine, J. Brown, Harrison, Howard, J. H. Neal, Scott and J. E. Smith: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE INTERCHANGE LOCATED AT THE INTERSECTION OF UNITED STATES HIGHWAY 1 AND CLEMSON ROAD IN RICHLAND COUNTY THE "JOHN DAVID MONROE INTERCHANGE" AND ERECT APPROPRIATE MARKERS OR SIGNS AT THIS INTERCHANGE THAT CONTAIN THE WORDS "JOHN DAVID MONROE INTERCHANGE".
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

The following was taken up for immediate consideration:

S. 1062 (Word version) -- Senators Ritchie, Ford and Cleary: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, FEBRUARY 15, 2006, AS THE TIME TO ELECT A SUCCESSOR TO A CERTAIN JUSTICE OF THE SUPREME COURT, SEAT 2, WHOSE TERM EXPIRES JULY 31, 2006; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE COURT OF APPEALS, SEAT 8, WHOSE TERM EXPIRES JUNE 30, 2006; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT FOR THE THIRD JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 2010; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT FOR THE THIRD JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 2006; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT FOR THE FOURTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 2006; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT FOR THE FIFTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 2006; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT FOR THE SEVENTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 2006; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE EIGHTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 2006; TO ELECT A SUCCESSOR TO A CERTAIN

Be it resolved by the Senate, the House of Representatives concurring:

That the Senate and the House of Representatives shall meet in joint assembly in the Hall of the House of Representatives on Wednesday, February 15, 2006, at 12:00 noon to elect a successor to the Honorable Costa M. Pleicones, Justice of the Supreme Court, Seat 2, whose term expires July 31, 2006; to elect a successor to the Honorable Thomas E. Huff, Judge of the Court of Appeals, Seat 8, whose term expires June 30, 2006; to elect a successor to the Honorable Thomas W. Cooper, Jr., Judge of the Circuit Court for the Third Judicial Circuit, Seat 1, whose term expires June 30, 2010; to elect a successor to the Honorable Howard P. King, Judge of the Circuit Court for the Third Judicial Circuit, Seat 2, whose term expires June 30, 2006; to elect a successor to the Honorable J. Michael Baxley, Judge of the Circuit Court for the

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.

Rep. HOSEY moved that the House do now adjourn, which was agreed to.

The Senate returned to the House with concurrence the following:

H. 4247 (Word version) -- Reps. Mack, Breeland, Whipper, R. Brown, Limehouse, Harrell, Altman, Hagood and Scarborough: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE INTERCHANGE LOCATED AT THE INTERSECTION OF INTERSTATE HIGHWAY 26 AND UNITED STATES HIGHWAY 17 IN CHARLESTON COUNTY THE "LUCILLE S. WHIPPER INTERCHANGE" AND TO ERECT APPROPRIATE MARKERS OR SIGNS AT THIS INTERCHANGE THAT CONTAIN THE WORDS "LUCILLE S. WHIPPER INTERCHANGE".

H. 4441 (Word version) -- Reps. Harrell, Harrison, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, Bannister, Barfield, Battle, Bingham, Bowers, Brady, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Frye, Funderburk, Govan, Hagood, Haley, Hamilton, Hardwick, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hiott, Hodges, Hosey, Howard, Huggins, Jefferson, Jennings, Kennedy, Kirsh, Leach, Limehouse, Littlejohn, Loftis, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Norman, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rhoad, Rice, Rivers, Rutherford, Sandifer, Scarborough, Scott, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Stewart, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Umphlett, Vaughn, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Witherspoon and Young: A CONCURRENT RESOLUTION TO INVITE THE CHIEF JUSTICE OF THE SOUTH CAROLINA SUPREME COURT, THE HONORABLE JEAN HOEFER TOAL, TO ADDRESS THE GENERAL ASSEMBLY IN

H. 4453 (Word version) -- Rep. G. Brown: A CONCURRENT RESOLUTION TO EXPRESS THE SINCERE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA UPON THE PASSING OF MRS. BETTY LARR REDDICK NEDD OF BISHOPVILLE ON SUNDAY, SEPTEMBER 25, 2005, AND TO EXTEND DEEPEST SYMPATHY TO HER FAMILY AND MANY FRIENDS.

H. 4454 (Word version) -- Reps. Mahaffey and Talley: A CONCURRENT RESOLUTION TO CONGRATULATE STEPHANIE SEAY, KINDERGARTEN TEACHER AT WELLFORD ELEMENTARY SCHOOL IN SPARTANBURG COUNTY, UPON BEING NAMED THE SOUTH CAROLINA TEACHER OF THE YEAR FOR 2005-2006.

H. 4459 (Word version) -- Reps. Bailey, Chellis, Harrell and Young: A CONCURRENT RESOLUTION TO HONOR AND RECOGNIZE ALLEN BROWNLEE FOR HIS OUTSTANDING CONTRIBUTIONS IN HIS CAREER AND TO HIS COMMUNITY, AND TO WISH HIM ALL THE BEST UPON HIS RETIREMENT FROM EDISTO ELECTRIC COOP.

At 10:50 a.m. the House, in accordance with the motion of Rep. YOUNG, adjourned in memory of Jerald J. Hartrich of Summerville, to meet at 10:00 a.m. tomorrow.

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