Indicates Matter Stricken
Indicates New Matter

The House assembled at 12:00 noon.
Deliberations were opened with prayer by Rev. Charles E. Seastrunk, Jr., as follows:

Our thought for today is from Proverbs 16:3: "Commit to the Lord whatever you do, and your plans will succeed."
Let us pray. Dear Lord, give us the wisdom and focus to do all we can to enhance the well-being of Your people. Grant us the knowledge that through the good and bad times, You will lead and guide us. In the deliberations of this day, give our leaders strength and courage in their endeavors. Grant Your blessings on our Nation, President, State, Governor, Speaker and all who serve in this House. Protect our defenders of freedom as they protect us. Lord, 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 Friday, the SPEAKER ordered it confirmed.

Rep. WEEKS moved that when the House adjourns, it adjourn in memory of Morsby Holland of Sumter, which was agreed to.

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

Document No. 3083
Agency: Department of Health and Environmental Control
Statutory Authority: 1976 Code Section 48-1-10, et seq.
Air Pollution Control Regulations and Standards, and the South Carolina Air Quality Implementation Plan (SIP)
Received by Speaker of the House of Representatives
January 22, 2007

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

H. 3320 (Word version) -- Reps. Umphlett, Chellis, Dantzler and Young: A BILL TO AMEND SECTION 56-3-2010, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF PERSONALIZED LICENSE PLATES, SO AS TO DELETE THE PROVISION THAT RESTRICTS THE NUMBER OF DUPLICATE LICENSE PLATES THAT MAY BE ISSUED TO A SOUTH CAROLINA MEMBER OF THE UNITED STATES CONGRESS OR A MEMBER OF THE SOUTH CAROLINA GENERAL ASSEMBLY, AND TO PROVIDE THAT DUPLICATE PERSONALIZED LICENSE PLATES ISSUED TO A SOUTH CAROLINA MEMBER OF THE UNITED STATES CONGRESS OR A MEMBER OF THE SOUTH CAROLINA GENERAL ASSEMBLY MUST BEAR THE SAME NUMERALS FOLLOWED BY A DIFFERENT LETTER OF THE ALPHABET.
Referred to Committee on Education and Public Works

H. 3321 (Word version) -- Rep. Hayes: A BILL TO AMEND SECTION 50-5-1705, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CATCH LIMITS IN REGARD TO CERTAIN SALTWATER GAMEFISH, SO AS TO REDUCE THE CATCH LIMIT FOR FLOUNDER; AND TO AMEND SECTION 50-5-1710, AS AMENDED, RELATING TO SIZE LIMITS IN REGARD TO CERTAIN SALTWATER GAMEFISH, SO AS TO INCREASE THE REQUIRED SIZE LIMIT FOR FLOUNDER.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs

H. 3323 (Word version) -- Rep. Harrison: A BILL TO AMEND SECTION 56-19-265, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEPARTMENT OF MOTOR VEHICLES' ACCEPTANCE OF ELECTRONICALLY FILED LIEN INFORMATION FOR NEWLY ACQUIRED VEHICLES, VEHICLES ALREADY TITLED, AND LIEN RELEASES, AND THE COLLECTION OF A

H. 3324 (Word version) -- Rep. Harrison: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 24-3-220 SO AS TO PROVIDE CRITERIA FOR THE TRANSPORT OF PERSONS IN THE CUSTODY OF THE DEPARTMENT OF CORRECTIONS.
Referred to Committee on Judiciary

H. 3325 (Word version) -- Rep. Harrison: A BILL TO AMEND SECTION 34-11-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DRAWING AND UTTERING A FRAUDULENT CHECK, DRAFT, OR OTHER WRITTEN ORDER, SO AS TO REQUIRE THAT THE ITEM BE POSTED ON ITS FACE WITH THE DATE IT IS RECEIVED BY THE PERSON OR BUSINESS SEEKING A WARRANT AND TO REQUIRE THAT A WARRANT BE ISSUED ON THE FRAUDULENT ITEM WITHIN ONE HUNDRED EIGHTY DAYS OF THE RECEIPT DATE, NOT

H. 3326 (Word version) -- Rep. Harrison: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-23-120 SO AS TO PROVIDE A PROCEDURE WHEREBY A GOVERNMENTAL ENTITY WHICH HAS ASSUMED THE COST OF TRAINING A LAW ENFORCEMENT OFFICER MAY BE REIMBURSED FOR THESE COSTS BY A GOVERNMENTAL ENTITY THAT SUBSEQUENTLY HIRES THE LAW ENFORCEMENT OFFICER.
Referred to Committee on Ways and Means

H. 3327 (Word version) -- Rep. Harrison: A BILL TO AMEND SECTION 4-9-145, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LITTER CONTROL OFFICERS, SO AS TO PROVIDE THAT AN ANIMAL CONTROL OFFICER HAS THE SAME POWERS AND DUTIES AS A LITTER CONTROL OFFICER.
Referred to Committee on Judiciary

H. 3328 (Word version) -- Rep. Davenport: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 15, ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE BONDED INDEBTEDNESS OF SCHOOL DISTRICTS, BY ADDING A NEW ITEM (9) SO AS TO PROVIDE THAT IN ADDITION TO OTHER REQUIREMENTS FOR A SCHOOL DISTRICT TO INCUR GENERAL OBLIGATION DEBT, A SCHOOL DISTRICT MAY NOT INCUR GENERAL OBLIGATION DEBT FOR THE ACQUISITION OF NEW SCHOOLS, THE RENOVATION OF EXISTING SCHOOLS, OR ADDITIONS TO EXISTING SCHOOLS UNLESS THE GENERAL OBLIGATION DEBT IS AUTHORIZED BY A MAJORITY VOTE OF THE QUALIFIED ELECTORS OF THE SCHOOL DISTRICT IN A REFERENDUM.
Referred to Committee on Ways and Means

H. 3329 (Word version) -- Rep. Davenport: A BILL TO AMEND CHAPTER 41, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 7 SO AS TO ENACT THE "FETAL PAIN

H. 3330 (Word version) -- Rep. Rutherford: A BILL TO AMEND SECTION 38-53-270, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A PROFESSIONAL BONDSMAN'S MAINTENANCE OF SECURITY DEPOSITS WITH THE CLERK OF COURT, SO AS TO CHANGE THE AMOUNT A PROFESSIONAL BONDSMAN SHALL MAINTAIN AS A DEPOSIT WITH A CLERK OF COURT AND TO PROVIDE THAT A PROFESSIONAL BONDSMAN PRESENTLY LICENSED IS NOT AFFECTED BY THE INCREASED MINIMUM DEPOSITS.
Referred to Committee on Judiciary

H. 3331 (Word version) -- Rep. Kirsh: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 2-17-55 SO AS TO PROHIBIT THE USE OF PUBLIC FUNDS TO EMPLOY OR CONTRACT WITH A PERSON WHOSE ACTIVITIES INCLUDE THOSE RELATED TO LOBBYING AND TO PROVIDE EXCEPTIONS.
Referred to Committee on Judiciary

H. 3332 (Word version) -- Reps. Talley and Kelly: A BILL TO AMEND SECTION 38-77-710, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT OF ATTORNEYS AS ARBITRATORS OF CERTAIN PROPERTY DAMAGE LIABILITY CLAIMS, SO AS TO PROVIDE THAT ATTORNEYS APPOINTED UNDER THIS SECTION MAY ONLY DETERMINE AN AWARD OF ACTUAL DAMAGES, PUNITIVE DAMAGES, OR BOTH AND

The following was introduced:

H. 3322 (Word version) -- Rep. Harrison: A HOUSE RESOLUTION RECOGNIZING AND CONGRATULATING HAMMOND SCHOOL SENIOR CARTER SCOTT ON HIS OUTSTANDING UNDEFEATED CHAMPIONSHIP FOOTBALL SEASON AND ON HIS COMMITMENT TO PLAY FOOTBALL FOR DARTMOUTH COLLEGE IN 2007.

The Resolution was adopted.

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

Agnew                  Alexander              Allen
Anderson               Anthony                Bales
Ballentine             Barfield               Battle
Bedingfield            Bingham                Bowen
Bowers                 Brady                  Branham
Brantley               Breeland               G. Brown
R. Brown               Cato                   Ceips
Chalk                  Chellis                Clyburn
Cobb-Hunter            Coleman                Cooper
Crawford               Dantzler               Davenport
Delleney               Duncan                 Edge
Frye                   Funderburk             Gambrell
Govan                  Gullick                Hagood
Haley                  Hamilton               Hardwick
Harrell                Harrison               Hart
Harvin                 Haskins                Hayes
Herbkersman            Hinson                 Hiott
Hodges                 Hosey                  Huggins
Jefferson              Jennings               Kelly
Kennedy                Kirsh                  Knight
Leach                  Limehouse              Littlejohn
Lowe                   Lucas                  Mack

Mahaffey               McLeod                 Merrill
Miller                 Mitchell               Moss
Mulvaney               J. H. Neal             J. M. Neal
Neilson                Ott                    Owens
Parks                  Perry                  Pinson
E. H. Pitts            M. A. Pitts            Rice
Rutherford             Sandifer               Scarborough
Scott                  Sellers                Shoopman
Simrill                Skelton                D. C. 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                  White                  Whitmire
Williams               Witherspoon            Young

I came in after the roll call and was present for the Session on Tuesday, January 23.

Bill Cotty                        Fletcher Smith
Alan D. Clemmons
Bruce Bannister   Leon Howard
Jackson "Seth" Whipper

The SPEAKER granted Rep. MOODY-LAWRENCE a leave of absence for the week due to illness.

The SPEAKER granted Rep. PHILLIPS a leave of absence for the day due to illness.

Announcement was made that Dr. Thomas Rowland of Columbia 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. 3066 (Word version)
Date:   ADD:
01/23/07   FUNDERBURK

Bill Number:   H. 3135 (Word version)
Date:   ADD:
01/23/07   FUNDERBURK

Bill Number:   H. 3136 (Word version)
Date:   ADD:
01/23/07   KNIGHT

Bill Number:   H. 3143 (Word version)
Date:   ADD:
01/23/07   MULVANEY

Bill Number:   H. 3163 (Word version)
Date:   ADD:
01/23/07   GOVAN

Bill Number:   H. 3168 (Word version)
Date:   ADD:
01/23/07   HARVIN

Bill Number:   H. 3170 (Word version)
Date:   ADD:
01/23/07   TOOLE

Bill Number:   H. 3196 (Word version)
Date:   ADD:
01/23/07   HALEY

Bill Number:   H. 3196 (Word version)
Date:   ADD:
01/23/07   CRAWFORD

Bill Number:   H. 3216 (Word version)
Date:   ADD:
01/23/07   FUNDERBURK

Bill Number:   H. 3218 (Word version)
Date:   ADD:
01/23/07   THOMPSON

Bill Number:   H. 3219 (Word version)
Date:   ADD:
01/23/07   COTTY

Bill Number:   H. 3224 (Word version)
Date:   ADD:
01/23/07   SCARBOROUGH

Bill Number:   H. 3277 (Word version)
Date:   ADD:
01/23/07   GULLICK

Bill Number:   H. 3309 (Word version)
Date:   ADD:
01/23/07   LITTLEJOHN

Bill Number:   H. 3309 (Word version)
Date:   ADD:
01/23/07   HARVIN

Bill Number:   H. 3262 (Word version)
Date:   ADD:
01/23/07   COBB-HUNTER

Bill Number:   H. 3262 (Word version)
Date:   ADD:
01/23/07   CLYBURN

Bill Number:   H. 3262 (Word version)
Date:   ADD:
01/23/07   BARFIELD

Bill Number:   H. 3262 (Word version)
Date:   ADD:
01/23/07   ANDERSON

Bill Number:   H. 3262 (Word version)
Date:   ADD:
01/23/07   HERBKERSMAN

Bill Number:   H. 3262 (Word version)
Date:   ADD:
01/23/07   JEFFERSON

Bill Number:   H. 3262 (Word version)
Date:   ADD:
01/23/07   WITHERSPOON

Bill Number:   H. 3262 (Word version)
Date:   ADD:
01/23/07   ANTHONY

Bill Number:   H. 3262 (Word version)
Date:   ADD:
01/23/07   HART

Bill Number:   H. 3262 (Word version)
Date:   ADD:
01/23/07   VICK

Bill Number:   H. 3273 (Word version)
Date:   ADD:
01/23/07   VICK

Bill Number:   H. 3284 (Word version)
Date:   ADD:
01/23/07   VICK

Bill Number:   H. 3139 (Word version)
Date:   ADD:
01/23/07   FUNDERBURK

Bill Number:   H. 3294 (Word version)
Date:   REMOVE:
01/23/07   KIRSH

Bill Number:   H. 3020 (Word version)
Date:   REMOVE:
01/23/07   MAHAFFEY

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

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.

The following Bill was taken up:

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

Rep. J. R. SMITH moved to recommit the Bill to the Committee on Ethics, which was agreed to.

On motion of Rep. WALKER, with unanimous consent, the following Bill was ordered recalled from the Committee on Education and Public Works and was referred to the Committee on Medical, Military, Public and Municipal Affairs:

H. 3286 (Word version) -- Rep. Crawford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-3-70 SO AS TO PROVIDE FOR THE USE OF PLAIN LANGUAGE COMMUNICATIONS BY EACH STATE AND LOCAL EMERGENCY, FIRE, AND LAW ENFORCEMENT AGENCY.

On motion of Rep. WALKER, with unanimous consent, the following Bill was ordered recalled from the Committee on Education and Public Works and was referred to the Committee on Medical, Military, Public and Municipal Affairs:

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

On motion of Rep. HARRISON, with unanimous consent, the following Bill was ordered recalled from the Committee on Labor, Commerce and Industry and was referred to the Committee on Judiciary:

H. 3033 (Word version) -- Reps. Clemmons, Mahaffey and Cotty: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 30-7-15 SO AS TO PROVIDE FOR A DOCUMENT OF RESCISSION TO CORRECT AN ERRONEOUS RECORDING OF A SATISFACTION OF A MORTGAGE OR OTHER LIEN AFFECTING REAL PROPERTY, TO PROTECT A PRIORITY CREDITOR WHO RECORDS AFTER THE ERRONEOUS RECORDING, AND TO PROVIDE A CIVIL CAUSE OF ACTION FOR A PERSON INJURED BY A WRONGFUL RECORDING OF A DOCUMENT OF RESCISSION.

On motion of Rep. HARRISON, with unanimous consent, the following Bill was ordered recalled from the Committee on Labor, Commerce and Industry and was referred to the Committee on Judiciary:

H. 3115 (Word version) -- Rep. Pinson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-11-325 SO AS TO AUTHORIZE A SPECIAL PURPOSE DISTRICT WHICH ONLY PROVIDES SEWAGE COLLECTION AND DISPOSAL SERVICES TO UTILIZE ANY METHOD OF FINANCING THE CONSTRUCTION OF SEWER LATERAL

On motion of Rep. COOPER, with unanimous consent, the following Bill was ordered recalled from the Committee on Labor, Commerce and Industry and was referred to the Committee on Ways and Means:

H. 3041 (Word version) -- Reps. Talley, M. A. Pitts, Mahaffey and Sandifer: A BILL TO AMEND SECTION 11-35-1524, AS AMENDED, RELATING TO A PREFERENCE FOR A RESIDENT VENDOR IN CONNECTION WITH A PROCUREMENT SUBJECT TO THE STATE CONSOLIDATED PROCUREMENT CODE, SO AS TO PROVIDE THAT THE VENDOR AND ITS EMPLOYEES MUST BE LEGAL RESIDENTS OF SOUTH CAROLINA TO TAKE ADVANTAGE OF THE PREFERENCE.

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

The following was introduced:

H. 3333 (Word version) -- Reps. Merrill, Hinson, Dantzler, Jefferson and Umphlett: A HOUSE RESOLUTION TO COMMEND THE HONORABLE JUDITH K. SPOONER OF BERKELEY COUNTY, FOR HER OUTSTANDING AND DEDICATED SERVICE AS A MEMBER OF BERKELEY COUNTY COUNCIL, AND TO WISH HER THE VERY BEST IN ALL HER FUTURE ENDEAVORS.

The Resolution was adopted.

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

H. 3334 (Word version) -- Reps. R. Brown, Scott, Whipper, Breeland, Cobb-Hunter, Hart and Hosey: A BILL TO AMEND SECTION 40-7-20, AS

H. 3335 (Word version) -- Rep. Edge: A JOINT RESOLUTION TO PROVIDE THAT FOR FISCAL YEAR 2006-2007 ALL INTEREST ACCRUING ON FUNDS COLLECTED AND HELD BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL PURSUANT TO SECTION 44-56-160 MUST BE CREDITED TO THE HAZARDOUS WASTE CONTINGENCY FUND AND AUTHORIZED FOR CERTAIN HAZARDOUS WASTE-RELATED EXPENDITURES BY THE DEPARTMENT.
On motion of Rep. COOPER, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.

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

The Senate returned to the House with concurrence the following:

H. 3213 (Word version) -- Reps. Delleney, W. D. Smith and F. N. Smith: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, FEBRUARY 7, 2007, AS THE TIME TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE COURT OF APPEALS, SEAT 3, WHOSE TERM EXPIRES JUNE 30, 2007; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE COURT OF APPEALS, SEAT 4, WHOSE TERM EXPIRES JUNE 30, 2007; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT FOR THE FIFTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 2007; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT FOR THE SEVENTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 2007; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT FOR THE NINTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 2007; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE

At 12:35 p.m. the House, in accordance with the motion of Rep. WEEKS, adjourned in memory of Morsby Holland of Sumter, to meet at 2:00 p.m. tomorrow.

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