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 138:8: "The Lord will fulfill his purpose for us."
Let us pray. God, thank You for giving us soul strength as we gather to do the work of the people, in the people's House. Strengthen our souls, our minds, our bodies to work together in accomplishing the duties and responsibilities of their office. With Your blessings, care for our Nation, President, State, Governor, Speaker and all who serve. Protect our defenders of freedom as they protect us. Lord, in Your mercy, hear our prayer. 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. DUNCAN moved that when the House adjourns, it adjourn in memory of Nobel Prize recipient Milton Friedman, which was agreed to.

The following was introduced:

H. 3311 (Word version) -- Rep. Hiott: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME BRIDGE NUMBER 394001100200 LOCATED ALONG SOUTH CAROLINA HIGHWAY 11 IN PICKENS COUNTY THE "DWIGHT O'NEAL 'BUDDY' GILSTRAP BRIDGE" AND ERECT APPROPRIATE MARKERS OR SIGNS AT THIS BRIDGE THAT CONTAIN THE WORDS "DWIGHT O'NEAL 'BUDDY' GILSTRAP BRIDGE" WHO LOST HIS LIFE IN DEFENSE OF OUR COUNTRY DURING THE VIETNAM WAR.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

The following was introduced:

H. 3312 (Word version) -- Rep. Hiott: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME BRIDGE NUMBER 394001100201 LOCATED ALONG SOUTH CAROLINA HIGHWAY 11 IN PICKENS COUNTY "CLIFTON RANDALL 'RANDY' JONES BRIDGE" AND ERECT APPROPRIATE MARKERS OR SIGNS AT THIS BRIDGE THAT CONTAIN THE WORDS "CLIFTON RANDALL 'RANDY' JONES BRIDGE".
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

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

H. 3313 (Word version) -- Rep. Huggins: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-1-691 SO AS TO PROVIDE THAT THE SOUTH CAROLINA ALPHABET USING SYMBOLS OF OUR STATE TO DENOTE PARTICULAR LETTERS AS TRADEMARKED IN THE OFFICE OF THE SECRETARY OF STATE IS DESIGNATED AS THE OFFICIAL ALPHABET OF THE STATE OF SOUTH CAROLINA.
Referred to Committee on Judiciary

H. 3314 (Word version) -- Rep. Umphlett: A JOINT RESOLUTION TO IMPOSE AN ADDITIONAL MOTOR FUELS USER FEE AND ROAD TAX ON MOTOR CARRIERS EQUAL TO SIX CENTS A GALLON, BEGINNING JULY 1, 2007, THROUGH JUNE 30, 2014, TO PROVIDE FOR THE ADMINISTRATION, COLLECTION, AND ENFORCEMENT OF THIS ADDITIONAL USER FEE AND ROAD TAX, AND TO PROVIDE THAT REVENUE OF THIS ADDITIONAL FEE AND TAX MUST BE CREDITED TO THE STATE HIGHWAY FUND AND USED SOLELY FOR THE PURPOSE OF MAINTENANCE OF ROADS IN THE STATE HIGHWAY SYSTEM THAT ARE MORE THAN TEN YEARS OLD AT THE TIME THE MAINTENANCE PROJECT BEGINS.
Referred to Committee on Ways and Means

H. 3315 (Word version) -- Reps. Umphlett, Duncan, Dantzler, Jefferson, Miller and M. A. Pitts: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-13-390 SO AS TO PROVIDE THAT NO MORE THAN ONE ARKANSAS BLUE CATFISH OVER THIRTY-FOUR INCHES MAY BE TAKEN FROM THE WATERS OF LAKES MARION AND MOULTRIE BY ANY ONE PERSON IN ONE DAY, AND TO PROVIDE THAT THE PROVISIONS OF THIS SECTION APPLY TO COMMERCIAL AS WELL AS RECREATIONAL FISHERMEN.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs

H. 3316 (Word version) -- Rep. Rice: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-77-195 SO AS TO LIMIT RECOVERY OF DAMAGES IN CERTAIN CASES AND PROHIBIT THE AWARDING OF DAMAGES IN FAVOR OF A PERSON WHO IS INJURED WHILE OPERATING HIS MOTOR VEHICLE IF HIS INJURIES DID NOT RESULT FROM HIS OPERATION OF THE VEHICLE AND IF HE DID NOT HAVE IN EFFECT FOR THAT VEHICLE THE FINANCIAL SECURITY REQUIRED BY THE LAWS OF THIS STATE AT THE TIME THE INJURY OCCURRED.
Referred to Committee on Judiciary

H. 3317 (Word version) -- Reps. Walker, Hinson and Harrell: A BILL TO AMEND ARTICLE 13, CHAPTER 43, TITLE 44 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GIFT OF LIFE TRUST FUND, SO AS TO CHANGE THE NAME TO "DONATE LIFE SOUTH CAROLINA", AND TO ADD ARTICLE 14 TO CHAPTER 43, TITLE 44 SO AS TO ESTABLISH AN ORGAN AND TISSUE DONOR REGISTRY TO BE ADMINISTERED BY DONATE LIFE SOUTH CAROLINA; AND TO AMEND SECTION 56-1-80, RELATING TO DRIVER'S LICENSE AND PERMIT APPLICATIONS, SO AS TO REQUIRE THE DEPARTMENT OF MOTOR VEHICLES TO PROVIDE ORGAN DONOR INFORMATION INDICATED ON SUCH APPLICATIONS TO DONATE LIFE SOUTH CAROLINA.
Referred to Committee on Education and Public Works

H. 3318 (Word version) -- Rep. Davenport: A JOINT RESOLUTION TO ESTABLISH A STUDY COMMITTEE TO DETERMINE THE EFFECTIVENESS OF THE FIVE-YEAR-OLD KINDERGARTEN PROGRAMS IN THE STATE; TO PROVIDE FOR THE MEMBERSHIP AND DUTIES OF THE STUDY COMMITTEE, AND TO PROVIDE THAT THE STUDY COMMITTEE SHALL REPORT ITS FINDINGS TO THE GENERAL ASSEMBLY BY MAY 1, 2007.
Referred to Committee on Education and Public Works

H. 3319 (Word version) -- Reps. M. A. Pitts, Pinson and Parks: A BILL TO AMEND ACT 595 OF 1994, RELATING TO THE MANNER IN WHICH MEMBERS OF THE BOARD OF TRUSTEES OF GREENWOOD SCHOOL DISTRICT 50 ARE ELECTED, SO AS TO CHANGE THE FILING PERIOD FROM SEPTEMBER TO AUGUST.
Referred to Greenwood Delegation

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

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            Cooper
Cotty                  Crawford               Dantzler
Davenport              Delleney               Duncan
Edge                   Frye                   Funderburk
Gambrell               Gullick                Haley
Hamilton               Hardwick               Harrell
Harrison               Hart                   Harvin
Haskins                Hayes                  Herbkersman
Hinson                 Hiott                  Hodges
Hosey                  Huggins                Jefferson
Jennings               Kelly                  Kennedy
Kirsh                  Knight                 Leach
Limehouse              Littlejohn             Loftis
Lowe                   Lucas                  Mack
Mahaffey               McLeod                 Merrill
Miller                 Moss                   Mulvaney
J. M. Neal             Ott                    Owens
Parks                  Perry                  Pinson
E. H. Pitts            M. A. Pitts            Rice
Sandifer               Scarborough            Scott
Sellers                Shoopman               Simrill
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                   Walker                 Weeks
Whipper                White                  Whitmire
Williams               Witherspoon            Young

I came in after the roll call and was present for the Session on Thursday, January 18.

Paul Agnew                        Leon Howard
Creighton Coleman                 Joseph Neal
Thad Viers                        Todd Rutherford
Jerry Govan                       Harold Mitchell
Denny Neilson

The SPEAKER granted Rep. SKELTON a leave of absence for the day due to a family funeral.

Announcement was made that Dr. Terry L. Dodge of Rock Hill is 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. 3310 (Word version)
Date:   ADD:
01/18/07   BEDINGFIELD

Bill Number:   H. 3045 (Word version)
Date:   ADD:
01/18/07   GAMBRELL

Bill Number:   H. 3170 (Word version)
Date:   ADD:
01/18/07   BRANHAM

Bill Number:   H. 3218 (Word version)
Date:   ADD:
01/18/07   G. BROWN

Bill Number:   H. 3212 (Word version)
Date:   ADD:
01/18/07   G. R. SMITH

Bill Number:   H. 3212 (Word version)
Date:   ADD:
01/18/07   CHELLIS

Bill Number:   H. 3309 (Word version)
Date:   ADD:
01/18/07   ANTHONY

Bill Number:   H. 3309 (Word version)
Date:   ADD:
01/18/07   SHOOPMAN

Bill Number:   H. 3309 (Word version)
Date:   ADD:
01/18/07   R. BROWN

Bill Number:   H. 3309 (Word version)
Date:   ADD:
01/18/07   HUGGINS

Bill Number:   H. 3006 (Word version)
Date:   ADD:
01/18/07   HERBKERSMAN

Bill Number:   H. 3137 (Word version)
Date:   ADD:
01/18/07   MITCHELL

The following Bill was taken up, read the second time, and ordered to a third reading:

S. 261 (Word version) -- Senators Martin and Alexander: A BILL TO REQUIRE THAT ANY MEASURE BY THE PICKENS COUNTY SCHOOL BOARD OF TRUSTEES, RELATING TO THE RAISING OR SPENDING OF REVENUE, MUST RECEIVE THREE READINGS, THAT FIRST READING MAY BE BY TITLE OR DESCRIPTION ONLY, THAT SECOND AND THIRD READING MUST BE APPROVED BY A MAJORITY OF THE BOARD MEMBERS, AND THAT THIRD READING MUST NOT BE CONDUCTED PRIOR TO ONE WEEK FOLLOWING THE DATE OF SECOND READING.

On motion of Rep. RICE, with unanimous consent, it was ordered that S. 261 (Word version) be read the third time tomorrow.

Rep. J. R. SMITH moved to adjourn debate upon the following Bill until Tuesday, January 23, which was adopted:

H. 3245 (Word version) -- Ethics Committee: A BILL TO AMEND SECTION 8-13-540, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ETHICS COMMITTEE INVESTIGATIONS AND HEARINGS, SO AS TO DELETE THE REQUIREMENT THAT INVESTIGATIONS AND RECORDS RELATING TO A PRELIMINARY INVESTIGATION ARE CONFIDENTIAL, TO ALLOW PUBLIC RELEASE OF INVESTIGATIONS AND RECORDS IF A RESPONDENT REQUESTS THEIR RELEASE OR THE COMMITTEE RENDERS A PUBLIC OPINION, AND TO CREATE A PENALTY FOR WILFUL RELEASE OF CONFIDENTIAL INFORMATION; TO AMEND SECTIONS 8-13-710 AND 8-13-1120, BOTH AS AMENDED, BOTH RELATING TO CONTENTS OF A STATEMENT OF ECONOMIC INTERESTS, SO AS TO REQUIRE DISCLOSURE OF ANYTHING OF VALUE WORTH A SPECIFIED AMOUNT GIVEN UNDER CERTAIN CIRCUMSTANCES; TO AMEND SECTION 8-13-1302, AS AMENDED, RELATING TO CAMPAIGN RECORDS, SO AS TO DELETE THE REQUIREMENT THAT A CANDIDATE DISCLOSE THE OCCUPATION OF A DONOR; TO AMEND SECTION 8-13-1320, AS AMENDED, RELATING TO CONTRIBUTIONS MADE AFTER A PRIMARY, SPECIAL, OR GENERAL ELECTION, SO AS TO ALLOW A DONOR TO DESIGNATE THAT A CONTRIBUTION APPLY TO THE NEXT ELECTION; AND TO AMEND SECTION 8-13-1510, AS AMENDED, RELATING TO PENALTIES, SO AS TO ALLOW THE APPROPRIATE SUPERVISORY AUTHORITY TO WAIVE THE CIVIL PENALTY IN ITS DISCRETION.

The following Joint Resolution was taken up:

H. 3252 (Word version) -- Rep. Ceips: A JOINT RESOLUTION EXTENDING FOR THIRTY DAYS THE DEADLINE FOR TIMELY CERTIFICATION OF A FAVORABLE VOTE IN A REFERENDUM ON THE IMPOSITION OF A LOCAL OPTION SALES AND USE TAX HELD AT THE TIME OF THE GENERAL ELECTION OF 2006.

Rep. CEIPS explained the Joint Resolution.

Rep. CHALK moved to commit the Joint Resolution to the Beaufort Delegation.

Rep. HERBKERSMAN raised the Point of Order that the motion to commit was out of order because the Joint Resolution is not local legislation.
The SPEAKER overruled the point of order.

The question then recurred to the motion to commit the Joint Resolution to the Beaufort Delegation, which was not agreed to.

The Bill was read second time and ordered to third reading.

Rep. CEIPS asked unanimous consent that H. 3252 (Word version) be read a third time tomorrow.
Rep. CHALK objected.

On motion of Rep. WITHERSPOON, with unanimous consent, the following Bill was ordered recalled from the Colleton Delegation and was referred to the Committee on Agriculture, Natural Resources and Environmental Affairs:

H. 3269 (Word version) -- Reps. Hodges, Bowers and R. Brown: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-21-134 SO AS TO ESTABLISH A NO WAKE ZONE IN MOSQUITO CREEK IN COLLETON COUNTY.

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

The Senate sent to the House the following:

S. 292 (Word version) -- Senators Sheheen, Malloy and Lourie: A CONCURRENT RESOLUTION TO COMMEND THE HONORABLE GRADY L. PATTERSON, JR., OF RICHLAND COUNTY, FOR HIS MANY YEARS OF OUTSTANDING AND DEDICATED SERVICE TO THE STATE OF SOUTH CAROLINA AS STATE TREASURER, AND TO WISH HIM MUCH SUCCESS AND HAPPINESS IN ALL HIS FUTURE ENDEAVORS.

Whereas, the Honorable Grady L. Patterson, Jr., of Richland County, has faithfully and diligently served the people of South Carolina in various capacities, most notably as South Carolina State Treasurer for thirty-six years, beginning in 1966; and

Whereas, after more than forty years of outstanding and dedicated service, he is about to embark on a well-earned retirement; and

Whereas, his integrity, intelligence, and commitment to excellence in his work have brought him accolades from citizens and state and national leaders alike; and

Whereas, during his tenure as South Carolina State Treasurer, Mr. Patterson was vigilant in safeguarding South Carolina's finances and innovative in leading his agency with a sure and steady hand into the future; and

Whereas, his many admirers in South Carolina's State Government will miss him but wish him and his wife, Marjorie H. Faucett Patterson, well in this new and exciting stage of their lives. Now, therefore,

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

That the members of the General Assembly of the State of South Carolina, by this resolution, commend the Honorable Grady L. Patterson, Jr., of Richland County, for his many years of outstanding and dedicated service to the State of South Carolina as State Treasurer, and wish him much success and happiness in all his future endeavors.

Be it further resolved that a copy of this resolution be forwarded to the Honorable Grady L. Patterson, Jr.

The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.

The Senate sent to the House the following:

S. 302 (Word version) -- Senator Lourie: A CONCURRENT RESOLUTION TO EXPRESS THE PROFOUND SADNESS OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY ON THE DEATH OF STEPHEN POTTS BATES OF COLUMBIA AND EXTEND THEIR DEEPEST SYMPATHY TO HIS FAMILY AND MANY, MANY FRIENDS.

Whereas, the members of the General Assembly were deeply saddened by the death of Stephen Potts Bates of Columbia on November 23, 2006; and

Whereas, Steve, born and raised in Columbia, was a graduate of Richland Northeast High School, Presbyterian College, and the University of South Carolina School of Law; and

Whereas, formerly a partner with McAngus, Goudelock, and Courie, Steve recently had started his own law firm, Bates and Hyatt. Prior to entering private practice, Steve was an invaluable legislative staffer and held prominent positions in state government. In the early 1990's he served the General Assembly as Chief Counsel to Speaker Bob Sheheen, Counsel to the House Ethics Committee, and Counsel to the Joint Legislative Committee for Judicial Screening; and

Whereas, admired for his political savvy and keen intellect, Steve was sought out for his insight and wise counsel. He was respected by members on both sides of the aisle and was known for his hard work and professionalism; and

Whereas, in 1994, Steve was elected by the General Assembly to be an Administrative Law Judge, where he served with honor and distinction. In 1998, Governor Jim Hodges persuaded Steve to leave the bench and become Deputy Director of the Department of Public Safety; he next served as Chief Legal Counsel to Governor Hodges; and

Whereas, throughout Steve's career in state government he tackled complex issues with diligence and integrity and played an instrumental role in many significant issues, including government restructuring, House and Senate redistricting, the lowering of the confederate flag, and the creation of the state lottery; and

Whereas, Steve was honored for his many contributions and accomplishments in his legal career when in 2002 he received the University of South Carolina School of Law Compleat Lawyer Award; he was also named to America's Best Lawyers in the areas of Administrative Law and Healthcare Law, and he received the Presbyterian College Outstanding Young Alumnus Award in 1998; and

Whereas, Steve was a friend to many members of this General Assembly and was renowned for building and maintaining strong, lasting friendships and for his deep loyalty to his extensive circle of friends; and

Whereas, he was a faithful member of Eastminister Presbyterian Church, where he served as an elder and forum moderator of the Board of Deacons; and

Whereas, in spite of his demanding professional life, his dedication to friends, and his passion for sports, especially baseball and particularly the Red Sox, Steve was above all a devoted family man. He was the beloved husband of Suzanne Hellams Bates and the proud, devoted father of Sarah Rachel and Robert Griffin. Steve was involved with coaching his children's youth baseball, basketball, and soccer teams and was active in every aspect of their lives; and

Whereas, Steve is also survived by his beloved parents, Roy and Sarah Bates, brother and sister-in-law, Brian and Ginger Bates, sister and brother-in-law, Nancy and Cian O'Connor, and his parents-in-law Robert and Caroline Hellams; and

Whereas, Steve, a young, vibrant, vital man of 44 whose life was suddenly and unexpectedly taken long before his time, will forever be remembered for his love of family, life, and friends, and he will be greatly missed by all who knew him; and

Whereas, it is proper and fitting for the members of the South Carolina General Assembly to pause in their deliberations to remember and honor such a distinguished favorite son as Stephen Potts Bates. Now, therefore,

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

That the members of the South Carolina General Assembly, by this resolution, express their profound sadness on the death of Stephen Potts Bates of Columbia and extend their deepest sympathy to his family and many, many friends.

Be it further resolved that a copy of this resolution be forwarded to the family of Stephen Potts Bates.

The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.

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

The Senate returned to the House with concurrence the following:

H. 3298 (Word version) -- Reps. Hosey, Alexander, Brantley, R. Brown, Cato, Chalk, Clyburn, Gullick, Hardwick, Hodges, Jefferson, Jennings, Knight, Limehouse, Lowe, Neilson, Parks, Scarborough, Sellers, G. R. Smith, Spires, Stavrinakis, Weeks and Young: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND THE SOUTH CAROLINA AFRICAN AMERICAN HERITAGE COMMISSION FOR ITS OUTSTANDING WORK IN PROMOTING AND PRESERVING THE AFRICAN AMERICAN CULTURE AND EXPERIENCE.

H. 3307 (Word version) -- Rep. Miller: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND THE WACCAMAW HIGH SCHOOL LADY WARRIORS GIRLS TENNIS TEAM FOR THEIR OUTSTANDING SEASON AND FOR CAPTURING THE CLASS A-AA STATE CHAMPIONSHIP TITLE, AND TO HONOR THESE EXCEPTIONAL PLAYERS, COACHES, AND STAFF.

At 10:45 a.m. the House, in accordance with the motion of Rep. DUNCAN, adjourned in memory of Nobel Prize recipient Milton Friedman, to meet at 10:00 a.m. tomorrow.

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