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 1:5: "Let the wise listen and add to their learning, and let the discerning get guidance."
Let us pray. All wise and generous Lord, put into the minds and hearts of these women and men the desire to accomplish the work at hand, listening for Your direction. Keep our Nation, our State, and our defenders of freedom in Your protective care. Hear us, O Lord as we pray. 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. G. BROWN moved that when the House adjourns, it adjourn in memory of William Douglas White, Jr., of Lee County, which was agreed to.

The following was received:

Columbia, S.C., January 29, 2004
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 809:

S. 809 (Word version) -- Senator Courson: 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 JOINT SESSION ON THE STATE OF THE JUDICIARY AT 12:30 P.M. ON TUESDAY,

Very respectfully,
President
Received as information.

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

Document No. 2850
Agency: Department of Revenue
Statutory Authority: 1976 Code Section 12-4-320
Property Tax Reorganization
Received by Speaker of the House of Representatives
January 30, 2004
Referred to Ways and Means Committee
Legislative Review Expiration May 29, 2004

Document No. 2882
Agency: Department of Consumer Affairs
Statutory Authority: 1976 Code Section 37-17-10(F)
Prescription Drug Discount Cards
Received by Speaker of the House of Representatives
February 3, 2004
Referred to Labor, Commerce and Industry Committee
Legislative Review Expiration June 2, 2004

Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report with amendments on:

H. 3726 (Word version) -- Rep. Harrison: A BILL TO AMEND SECTION 16-17-495, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INTERFERENCE WITH A CHILD CUSTODY ORDER, SO AS TO PROVIDE CIRCUMSTANCES IN WHICH A LAW

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

H. 3714 (Word version) -- Reps. Townsend, Wilkins, Talley, Walker, Cobb-Hunter, Whitmire, Martin, Miller, Lourie and Neilson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 59 TO TITLE 59 SO AS TO ENACT THE SOUTH CAROLINA EDUCATION AND ECONOMIC DEVELOPMENT ACT: TO AMEND SECTION 59-17-135, RELATING TO CHARACTER EDUCATION, SO AS TO INCORPORATE THE CHARACTER TRAITS OF THE FAMILY RESPECT ACT INTO THIS EDUCATIONAL COMPONENT; TO AMEND SECTION 59-18-900, AS AMENDED, RELATING TO SCHOOL REPORT CARDS, SO AS TO EXPAND THE CONTENT OF THE REPORT CARD TO INCLUDE, AMONG OTHER THINGS, REPORTS ON COMPLIANCE WITH THIS ACT AND THE CHARACTER EDUCATION ACT AND DROPOUT REDUCTION DATA; AND TO REPEAL ACT 450 OF 1994 AND SECTION 59-52-95 RELATING TO THE SOUTH CAROLINA SCHOOL-TO-WORK TRANSITION ACT OF 1994.
Ordered for consideration tomorrow.

On motion of Rep. LOURIE, with unanimous consent, the following was taken up for immediate consideration:

H. 4660 (Word version) -- Reps. Lourie, Neilson and Bales: A HOUSE RESOLUTION TO AUTHORIZE THE SOUTH CAROLINA SILVER HAIRED LEGISLATURE TO USE THE CHAMBER OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES ON TUESDAY THROUGH THURSDAY, SEPTEMBER 14 THROUGH SEPTEMBER 16, 2004, PROVIDED THE HOUSE IS NOT IN SESSION, AND TO PROVIDE FOR THE USE OF THE HOUSE

Be it resolved by the House of Representatives:

That the South Carolina Silver Haired Legislature is authorized to use the Chamber of the South Carolina House of Representatives on Tuesday through Thursday, September 14 through September 16, 2004, provided the House of Representatives is not in session on those dates. If the House of Representatives is in statewide session, the House Chamber may not be used on those dates but may be used by the South Carolina Silver Haired Legislature on alternate dates and times as may be selected by the Speaker.

Be it further resolved that the use of the Chamber of the South Carolina House of Representatives by the South Carolina Silver Haired Legislature must be in accordance with the policies and rules of the South Carolina House of Representatives.

The Resolution was adopted.

The following was introduced:

H. 4661 (Word version) -- Reps. Parks, Allen, Altman, Anthony, Bailey, Bales, Barfield, Battle, Bingham, Bowers, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Freeman, Frye, Gilham, Gourdine, Govan, Hagood, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kennedy, Kirsh, Koon, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Quinn, Rhoad, Rice, Richardson, Rivers, Rutherford, Sandifer, Scarborough, Scott, Sheheen, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Snow, Stewart, Stille, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Trotter, Umphlett, Vaughn, Viers, Walker, Weeks, Whipper, White, Whitmire, Wilkins,

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

The Senate sent to the House the following:

S. 858 (Word version) -- Senator Land: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE INTERCHANGE LOCATED AT THE INTERSECTION OF INTERSTATE HIGHWAY 95 AND SOUTH CAROLINA HIGHWAY 261 IN CLARENDON COUNTY THE "MANNY MOORE INTERCHANGE" AND TO ERECT APPROPRIATE MARKERS OR SIGNS AT THIS INTERCHANGE CONTAINING THE WORDS "MANNY MOORE INTERCHANGE".
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

The following was taken up for immediate consideration:

S. 866 (Word version) -- Senator J. V. Smith: A CONCURRENT RESOLUTION TO DECLARE THE MONTH OF MARCH AS COLORECTAL CANCER AWARENESS MONTH IN THE STATE OF SOUTH CAROLINA.

Whereas, colorectal cancer is the second leading cause of cancer deaths in both men and women in the United States; and

Whereas, it is estimated that 56,000 people will die needlessly this year from this disease that is so highly preventable; and

Whereas, 30,000 lives a year could be saved if men and women would simply be screened; and

Whereas, regular screenings can detect polyps that lead to colorectal cancer and can save lives; and

Whereas, education can help inform the public of methods of prevention and early detection; and

Whereas, adopting a healthy diet at a young age can significantly reduce the risk of developing colorectal cancer; and

Whereas, on November 19, 1999, the United States Senate declared March 2000 as the first National Colorectal Awareness Month; and

Whereas, March is also designated as National Nutrition Awareness Month; and

Whereas, the State of South Carolina should help inform the public about colorectal cancer prevention and screening. Now, therefore,

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

That the members of the General Assembly designate the month of March as Colorectal Cancer Awareness Month in the State of South Carolina.

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

The Senate sent to the House the following:

S. 874 (Word version) -- Senator Ford: A CONCURRENT RESOLUTION EXPRESSING THE APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY FOR THE DISTINGUISHED CAREER OF SERVICE TO THE AFRICAN METHODIST EPISCOPAL CHURCH, HIS COMMUNITY, AND NATION OF BISHOP JOHN HURST ADAMS, SENIOR BISHOP OF THE AFRICAN

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

The Senate sent to the House the following:

S. 875 (Word version) -- Senator Ford: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR THE DISTINGUISHED CAREER AND DEDICATED SERVICE OF THE MOST REVEREND FREDERICK HILLBORN TALBOT, BISHOP OF THE AFRICAN METHODIST EPISCOPAL CHURCH, AND TO EXTEND TO HIM BEST WISHES FOR GOOD HEALTH AND HAPPINESS IN HIS RETIREMENT.

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

The Senate sent to the House the following:

S. 876 (Word version) -- Senator Ford: A CONCURRENT RESOLUTION TO EXTOL BISHOP FRANK CURTIS CUMMINGS FOR HIS SERVICE AND DEVOTION TO THE AFRICAN METHODIST EPISCOPAL CHURCH, AND TO RECOGNIZE HIS OUTSTANDING CONTRIBUTIONS UPON THE OCCASION OF HIS RETIREMENT.

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

The Senate sent to the House the following:

S. 877 (Word version) -- Senator Ford: A CONCURRENT RESOLUTION TO RECOGNIZE THE MANY ACCOMPLISHMENTS OF AFRICAN METHODIST EPISCOPAL CHURCH BISHOP VERNON

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

The Senate sent to the House the following:

S. 878 (Word version) -- Senator Ford: A CONCURRENT RESOLUTION EXPRESSING THE GRATITUDE OF THE SOUTH CAROLINA GENERAL ASSEMBLY TO BISHOP HENRY ALLEN BELIN, JR. OF THE AFRICAN METHODIST EPISCOPAL CHURCH FOR HIS DECADES OF SPIRITUAL LEADERSHIP AND BEST WISHES FOR A LONG AND FRUITFUL RETIREMENT.

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

The Senate sent to the House the following:

S. 879 (Word version) -- Senator Ford: A CONCURRENT RESOLUTION TO RECOGNIZE THE NUMEROUS AND SIGNIFICANT CONTRIBUTIONS OF BISHOP ZEDEKIAH LAZETT GRADY TO THE AFRICAN METHODIST EPISCOPAL CHURCH ON THE OCCASION OF HIS RETIREMENT.

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

The Senate sent to the House the following:

S. 880 (Word version) -- Senator Ford: A CONCURRENT RESOLUTION TO HONOR AND RECOGNIZE THE ACCOMPLISHMENTS OF BISHOP VINTON RANDOLPH ANDERSON UPON HIS

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

The Senate sent to the House the following:

S. 881 (Word version) -- Senator Ford: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND BISHOP HAMEL HARTFORD BROOKINS FOR HIS DISTINGUISHED CAREER AS A MINISTER AND BISHOP OF THE AME CHURCH UPON HIS RETIREMENT.

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

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

H. 4662 (Word version) -- Reps. Neilson, Lucas and J. Hines: A BILL TO AMEND SECTION 41-31-660, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THOSE EMPLOYEES REQUIRED TO REIMBURSE THE SOUTH CAROLINA EMPLOYMENT COMMISSION FOR UNEMPLOYMENT BENEFITS PAID THAT ARE ATTRIBUTABLE TO SUCH AN EMPLOYER, SO AS TO PROVIDE THAT NO REIMBURSEMENT IS REQUIRED WHEN THE EMPLOYER IS AN ENTITY OF PUBLIC EDUCATION AND THE EMPLOYMENT SECURITY COMMISSION DETERMINES THAT THE INDIVIDUAL WAS SEPARATED FROM EMPLOYMENT BY SUCH AN ENTITY BECAUSE OF CERTIFICATION REQUIREMENTS IMPOSED BY STATE OR FEDERAL LAW AND THE INDIVIDUAL WAS UNABLE TO MEET THOSE CERTIFICATION REQUIREMENTS BY VIRTUE OF INABILITY.
Referred to Committee on Labor, Commerce and Industry

H. 4663 (Word version) -- Rep. Leach: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 42-

H. 4664 (Word version) -- Rep. Leach: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 42-1-190 SO AS TO ELIMINATE ANY COMPENSATION, LOST WAGES OR MEDICAL, PAYABLE TO THE INJURED WORKER WHEN ALCOHOL OR OTHER ILLEGAL SUBSTANCES ARE FOUND TO BE PRESENT IN THE PERSON'S BODY.
Referred to Committee on Labor, Commerce and Industry

H. 4665 (Word version) -- Rep. Leach: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 42-1-200 SO AS TO ELIMINATE COMPENSATION, LOST WAGES OR MEDICAL, PAYABLE TO THE INJURED WORKER WHEN THE ACCIDENT WAS INTENTIONAL, OR WHEN THE INJURED FAILED TO FOLLOW COMPANY, STATE OR FEDERAL POLICIES, RULES, AND REGULATIONS.
Referred to Committee on Labor, Commerce and Industry

H. 4666 (Word version) -- Rep. Leach: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 42-1-210 SO AS TO ELIMINATE ANY COMPENSATION, LOST WAGES OR MEDICAL, PAYABLE TO ANY INJURED WORKER WHEN THE INJURED WORKER IS AN ILLEGAL ALIEN AND HAS GAINED EMPLOYMENT THROUGH FRAUDULENT MEANS OR METHODS, OR BOTH.
Referred to Committee on Labor, Commerce and Industry

H. 4667 (Word version) -- Rep. Leach: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 42-9-95 SO AS TO NOT PAY LOST WAGE COMPENSATION TO AN INJURED WORKER DURING ALL PERIODS OF TIME WHILE THE INJURED WORKER IS INCARCERATED.
Referred to Committee on Labor, Commerce and Industry

H. 4669 (Word version) -- Rep. Leach: A BILL TO AMEND SECTION 42-9-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AMOUNT OF COMPENSATION AND PERIOD OF DISABILITY FOR CERTAIN INJURIES, SO AS TO ELIMINATE THE PRESUMPTION OF TOTAL DISABILITY IN CASES WHERE THERE IS FIFTY PERCENT OR MORE LOSS OF USE OF THE BACK.
Referred to Committee on Labor, Commerce and Industry

H. 4670 (Word version) -- Rep. Leach: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 42-15-85 SO AS TO DEFINE THE CLAIMANT'S BURDEN OF PROOF AND TO PROVIDE THAT CAUSATION IN MEDICALLY COMPLEX WORKERS' COMPENSATION CASES MUST BE PROVEN BY EXPERT WITNESS TESTIMONY.
Referred to Committee on Labor, Commerce and Industry

H. 4671 (Word version) -- Rep. Leach: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 42-1-378 SO AS TO ELIMINATE CONCURRENT JURISDICTION BETWEEN THE SOUTH CAROLINA WORKERS' COMPENSATION ACT AND THE FEDERAL EMPLOYERS' LIABILITY ACT, THE LONGSHORE AND HARBOR WORKERS' COMPENSATION ACT, OR ANY OF ITS EXTENSIONS, AND THE JONES ACT.
Referred to Committee on Labor, Commerce and Industry

H. 4672 (Word version) -- Rep. Leach: A BILL TO AMEND SECTION 42-15-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE NOTICE REQUIRED TO BE GIVEN TO AN EMPLOYER BY

H. 4673 (Word version) -- Reps. Young, Chellis, Bailey and Harrell: A BILL TO AMEND SECTION 7-7-230, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN DORCHESTER COUNTY, SO AS TO REVISE AND RENAME CERTAIN VOTING PRECINCTS IN DORCHESTER COUNTY, 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 BUDGET AND CONTROL BOARD, AND CORRECT CERTAIN REFERENCES.
On motion of Rep. YOUNG, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

H. 4674 (Word version) -- Reps. Coates, Loftis, Viers, Simrill, Witherspoon, Quinn, Altman, Barfield, Bingham, Clark, Clemmons, Davenport, Delleney, Duncan, Herbkersman, Hinson, Leach, Littlejohn, Mahaffey, McGee, Owens, Perry, Pinson, M. A. Pitts, Richardson, Scarborough, Sinclair, G. M. Smith, G. R. Smith, J. R. Smith, Stewart, Stille, Talley, Taylor, Toole, Tripp, Trotter, Umphlett, Vaughn, Walker, Whitmire and Wilkins: A BILL TO AMEND SECTION 20-1-15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION OF SAME SEX MARRIAGES, SO AS TO PROVIDE THAT SAME SEX MARRIAGES IN ANY OTHER JURISDICTION HAS NO LEGAL FORCE OR EFFECT IN THIS STATE; AND TO ADD SECTION 20-1-17 SO AS TO PROVIDE THAT IT IS AGAINST PUBLIC POLICY TO EXTEND OR RECOGNIZE STATUTORY BENEFITS OF A LEGAL MARRIAGE TO NONMARITAL RELATIONSHIPS AND TO FURTHER PROVIDE THAT ANY PUBLIC ACT, RECORD, OR JUDICIAL PROCEEDING OF THIS STATE THAT EXTENDS SUCH BENEFITS TO NONMARITAL RELATIONSHIPS HAS NO LEGAL FORCE OR EFFECT IN THIS STATE, TO PROVIDE EXCEPTIONS FOR BENEFITS ENJOYED BY ALL PERSONS, MARRIED OR UNMARRIED, AND FOR PRIVATE AGREEMENTS VALID UNDER THE LAWS OF THIS STATE, AND TO PROVIDE THAT BENEFITS OF A LEGAL MARRIAGE EXTENDED TO NONMARITAL RELATIONSHIPS

H. 4675 (Word version) -- Rep. Harrison: A BILL TO AMEND SECTION 16-11-700, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LITTERING, SO AS TO PROVIDE THAT WHEN THE SENTENCE FOR A VIOLATION OF THIS SECTION INCLUDES LITTER-GATHERING, THE LITTER-GATHERING PORTION IS MANDATORY; HOWEVER THE COURT MAY DIRECT THE PERSON TO PAY AN ADDITIONAL MONETARY PENALTY IN LIEU OF THE SENTENCE, TO PROVIDE THE CIRCUMSTANCES WHEN PROBATION MAY BE GRANTED IN LIEU OF A LITTER-GATHERING SENTENCE, TO PROVIDE FOR THE DISTRIBUTION OF FUNDS COLLECTED IN LIEU OF A MANDATORY LITTER-GATHERING SENTENCE, AND TO PROVIDE WHEN A VIOLATION OF THIS SECTION CONSTITUTES A PRIOR VIOLATION WITHIN THE MEANING OF THIS SECTION; AND TO AMEND SECTION 56-25-20, AS AMENDED, RELATING TO THE SUSPENSION OF A DRIVER'S LICENSE FOR FAILURE TO COMPLY WITH CERTAIN TRAFFIC CITATIONS, SO AS TO REVISE THIS SECTION TO INCLUDE A SUMMONS FOR CERTAIN LITTER VIOLATIONS.
Referred to Committee on Judiciary

H. 4676 (Word version) -- Rep. Harrison: A BILL TO AMEND CHAPTER 9, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSURE AND REGULATION OF CHIROPRACTORS, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL FRAMEWORK OF CHAPTER 1, TITLE 40, FOR PROFESSIONAL AND OCCUPATIONAL BOARDS UNDER THE ADMINISTRATION OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF CHIROPRACTORS, INCLUDING FURTHER SPECIFYING THE SCOPE OF PRACTICE, REQUIRING MALPRACTICE INSURANCE, AUTHORIZING DELEGATION OF TREATMENT UNDER CERTAIN CONDITIONS, STUDENT PRECEPTOR TRAINING PROGRAMS, OUT-OF-STATE CONSULTANTS, AND

H. 4677 (Word version) -- Rep. Cato: A BILL TO AMEND SECTION 40-29-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN THE LICENSURE AND REGULATION OF PERSONS WHO MANUFACTURE, SELL, INSTALL, MODIFY, OR ALTER MANUFACTURED HOMES, SO AS TO DEFINE "NEW MANUFACTURED HOME".
Referred to Committee on Labor, Commerce and Industry

H. 4678 (Word version) -- Reps. J. R. Smith, Clark, Clyburn, D. C. Smith, Stewart and Whitmire: A BILL TO AMEND SECTION 7-7-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN AIKEN COUNTY, SO AS TO REVISE CERTAIN PRECINCTS AND REDESIGNATE A MAP NUMBER ON WHICH LINES OF THESE PRECINCTS ARE DELINEATED AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICS OF THE STATE BUDGET AND CONTROL BOARD.
On motion of Rep. J. R. SMITH, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

H. 4679 (Word version) -- Rep. G. Brown: A BILL TO AMEND SECTION 7-7-370, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN LEE COUNTY, SO AS TO REVISE AND RENAME CERTAIN VOTING PRECINCTS IN LEE COUNTY, DESIGNATE 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 BUDGET AND CONTROL BOARD, AND CORRECT CERTAIN REFERENCES.
On motion of Rep. G. BROWN, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

H. 4681 (Word version) -- Reps. Neilson, Lucas and J. Hines: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAYS MISSED ON JANUARY 26 AND 27, 2004, BY THE STUDENTS OF A SCHOOL IN THE DARLINGTON COUNTY SCHOOL DISTRICT

The following was introduced:

H. 4680 (Word version) -- Rep. Harrison: A HOUSE RESOLUTION TO COMMEND ASHLEY HARWELL-BEACH, FORMER CHIEF COUNSEL TO THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES JUDICIARY COMMITTEE, FOR HER EXCELLENT SERVICE TO THE COMMITTEE AND EXTEND BEST WISHES TO HER IN HER NEW ENDEAVORS.

Whereas, Ashley Harwell-Beach joined the Judiciary Committee of the South Carolina House of Representatives as Assistant Director of Research in November 1998 and became its Chief Counsel in July 2000; and

Whereas, she arrived at the General Assembly after distinguishing herself as Director for the South Carolina Sentencing Guidelines Commission; and

Whereas, her experience and knowledge have proven invaluable to the Judiciary Committee as it examines complex legislation, particularly in the areas of Criminal Law, Election Law, Family Law, and Redistricting; and

Whereas, the Judiciary Committee and its staff will miss her warmth and friendliness, her endless stash of candy, her love of holidays, and her dedicated interest in the law clerks; and

Whereas, her colleagues also will suffer the loss of her dual roles as "Judiciary Committee Mother" and "Leather Tuscadero"; and

Whereas, Ashley has embarked on a new career at Legislative Council; and

Whereas, her vital presence will be missed by all; however, we look forward to our continued association as we work with her in her new position with Legislative Council. Now, therefore,

Be it resolved by the House of Representatives:

That the members of the South Carolina House of Representatives commend Ashley Harwell-Beach, former Chief Counsel to the House Judiciary Committee, for her excellent service to the committee and extend best wishes to her in her new endeavors.

Be it further resolved that a copy of this resolution be presented to Ashley Harwell-Beach.

The Resolution was adopted.

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

Altman                 Anthony                Bailey
Bales                  Barfield               Battle
Bingham                Bowers                 Branham
Breeland               G. Brown               J. Brown
R. Brown               Cato                   Ceips
Chellis                Clark                  Clemmons
Clyburn                Coates                 Cobb-Hunter
Cooper                 Cotty                  Dantzler
Davenport              Delleney               Duncan
Edge                   Emory                  Freeman
Frye                   Gilham                 Gourdine
Hagood                 Hamilton               Harrell
Haskins                Hayes                  Herbkersman
J. Hines               M. Hines               Hinson
Howard                 Huggins                Jennings
Keegan                 Kennedy                Kirsh
Koon                   Leach                  Limehouse
Littlejohn             Lloyd                  Loftis

Lourie                 Lucas                  Mahaffey
Martin                 McCraw                 McGee
McLeod                 Merrill                Miller
Moody-Lawrence         J. M. Neal             Neilson
Ott                    Owens                  Parks
Perry                  Pinson                 E. H. Pitts
M. A. Pitts            Quinn                  Rhoad
Rice                   Richardson             Rivers
Rutherford             Sandifer               Scarborough
Scott                  Simrill                Sinclair
Skelton                D. C. Smith            G. M. Smith
G. R. Smith            J. E. Smith            J. R. Smith
W. D. Smith            Snow                   Stewart
Stille                 Talley                 Taylor
Thompson               Toole                  Townsend
Tripp                  Trotter                Umphlett
Vaughn                 Walker                 Weeks
White                  Whitmire               Wilkins
Witherspoon            Young

I came in after the roll call and was present for the Session on Tuesday, February 3.

Karl Allen                        James Harrison
Jerry Govan                       David Mack
Lonnie Hosey                      Brenda Lee

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

The SPEAKER granted Rep. COLEMAN a leave of absence for the week of February 3 due to being in Federal Court and not being excused by the Judge to attend session.

Announcement was made that Dr. Gerald Harmon of Pawleys Island 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. 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. 4556 (Word version)
Date:   ADD:
02/03/04   W. D. SMITH

Bill Number:   H. 4658 (Word version)
Date:   ADD:
02/03/04   LITTLEJOHN

Bill Number:   H. 4658 (Word version)
Date:   ADD:
02/03/04   BINGHAM

Bill Number:   H. 4658 (Word version)
Date:   ADD:
02/03/04   TOOLE

Bill Number:   H. 4658 (Word version)
Date:   ADD:
02/03/04   G. BROWN

Bill Number:   H. 4658 (Word version)
Date:   ADD:
02/03/04   OWENS

Bill Number:   H. 4658 (Word version)
Date:   ADD:
02/03/04   COATES

Bill Number:   H. 3714 (Word version)
Date:   ADD:
02/03/04   TALLEY

Bill Number:   H. 4481 (Word version)
Date:   ADD:
02/03/04   DUNCAN

Bill Number:   H. 4481 (Word version)
Date:   ADD:
02/03/04   COATES

Bill Number:   H. 4481 (Word version)
Date:   ADD:
02/03/04   STILLE

Bill Number:   H. 3594 (Word version)
Date:   ADD:
02/03/04   BINGHAM

Bill Number:   H. 3594 (Word version)
Date:   ADD:
02/03/04   TOOLE

Bill Number:   H. 3987 (Word version)
Date:   ADD:
02/03/04   TOOLE

Bill Number:   H. 3525 (Word version)
Date:   REMOVE:
02/03/04   TOOLE

The following Bill was taken up:

H. 3594 (Word version) -- Reps. Jennings, Harrison, F. N. Smith, Lucas, G. M. Smith, Hagood, Lourie, McLeod, Bingham, Owens, Scott, Whipper, Delleney and Toole: A BILL TO AMEND SECTION 23-3-620, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REQUIRING CERTAIN OFFENDERS TO PROVIDE A SAMPLE FROM WHICH DEOXYRIBONUCLEIC ACID (DNA) MAY BE OBTAINED, SO AS TO PROVIDE THAT BEGINNING JULY 1, 2003, RATHER THAN REQUIRING ONLY CERTAIN OFFENDERS TO PROVIDE A DNA SAMPLE, ALL PERSONS CONVICTED OR ADJUDICATED DELINQUENT FOR ANY FELONY MUST PROVIDE SUCH A SAMPLE AND TO INCLUDE PROVISIONS FOR OBTAINING SAMPLES FROM THOSE CONVICTED OR ADJUDICATED DELINQUENT FELONS PRIOR TO THIS ACT'S EFFECTIVE DATE WHO ARE SERVING A TERM OF CONFINEMENT ON THIS ACT'S EFFECTIVE DATE.

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GJK\20883AC04), which was adopted:
Amend the bill, as and if amended, in Section 23-3-620, as contained in SECTION 1, page 1, line 37; page 2, lines 18, 29, and 30; page 3, lines 11, 22, and 23; and page 4, lines 2 and 4 by deleting / 2003 / and inserting / 2004 /;

(1)   a person convicted or adjudicated delinquent on or after July 1, 2000, June 30, 2004, for:

(a)   a violent crime (, as provided for in Section 16-1-60), excluding drug trafficking ( Sections 44-53-370(e) and 44-53-375(C)); arson in the first degree (Section 16-11-110(A)); and arson in the second degree (Section 16-11-110(B)); or

(b)   involuntary manslaughter (Section 16-3-60); the common law offense of assault and battery of a high and aggravated nature; criminal sexual conduct in the third degree (Section 16-3-654); assault with intent to commit criminal sexual conduct, third degree (Section 16-3-656); burglary, second degree (Section 16-11-312(A)); burglary, third degree (Section 16-11-313); spousal sexual battery (Section 16-3-615); spousal sexual battery (Section 16-3-658); criminal domestic violence of a high and aggravated nature (, as provided for in Section 16-25-65); eavesdropping or peeping (, as provided for in Section 16-17-470); stalking (, as provided for in Section 16-3-1700); or aggravated stalking (, as provided for in Section 16-3-1700); committing or attempting lewd act upon a child under sixteen (Section 16-15-140); first degree sexual exploitation of a minor (Section 16-15-395); or sexual intercourse with patient or trainee (Section 44-23-1150); and

(2)   any criminal offender convicted or adjudicated delinquent on or after July 1, 2000 June 30, 2004, who is ordered by the court to provide a sample.

(B)   A convicted offender who is required to provide a DNA sample under subsections subsection (A)(1) or (A)(2), but who is not sentenced to a term of confinement must provide a sample as a condition of his sentence. This sample shall be taken at a prison, jail, or other location as specified by the sentencing court.

(C)   At such time as possible and before parole or release from confinement, a suitable sample from which DNA may be obtained for inclusion in the State DNA Database must be provided by:

(1)   a person who was convicted or adjudicated delinquent before July 1, 2000 2004, and who was sentenced to and is serving a term of confinement on or after July 1, 2000 June 30, 2004, for:

(a)   a violent crime (, as provided for in Section 16-1-60), excluding drug trafficking ( Sections 44-53-370(e) and 44-53-375(C)); arson in the first degree (Section 16-11-110(A)); and arson in the second degree (Section 16-11-110(B)); or

(b)   involuntary manslaughter (Section 16-3-60); the common law offense of assault and battery of a high and aggravated nature; criminal sexual conduct in the third degree (Section 16-3-654); assault with intent to commit criminal sexual conduct, third degree (Section 16-3-656); burglary, second degree (Section 16-11-312(A)); burglary, third degree (Section 16-11-313); spousal sexual battery (Section 16-3-615); spousal sexual battery (Section 16-3-658); criminal domestic violence of a high and aggravated nature (, as provided for in Section 16-25-65); eavesdropping or peeping (, as provided for in Section 16-17-470); stalking (, as provided for in Section 16-3-1700); or aggravated stalking (, as provided for in Section 16-3-1700); committing or attempting lewd act upon a child under sixteen (Section 16-15-140); first degree sexual exploitation of a minor (Section 16-15-395); or sexual intercourse with patient or trainee (Section 44-23-1150); and

(2)   any criminal offender ordered by the court who was convicted or adjudicated delinquent before July 1, 2000 2004, and who was sentenced to and is serving a term of confinement on or after July 1, 2000 June 30, 2004.

(D)   An agency having custody of an offender who is required to provide a DNA sample under subsection (C)(1) or (C)(2) must notify SLED at least three days, excluding weekends and holidays, before the individual is paroled or released from confinement.

(E)   At such time as possible and before release from confinement or release from the agency's jurisdiction, a suitable sample from which DNA may be obtained for inclusion in the State DNA Database must be provided as a condition of probation or parole by:

(1)   a person convicted or adjudicated delinquent before July 1, 2000 2004, who is serving a probated sentence or is paroled on or after July 1, 2000 June 30, 2004, for:

(a)   a violent crime (, as provided for in Section 16-1-60), excluding drug trafficking ( Sections 44-53-370(e) and 44-53-375(C)); arson in the first degree (Section 16-11-110(A)); and arson in the second degree (Section 16-11-110(B)); or

(b)   involuntary manslaughter (Section 16-3-60); the common law offense of assault and battery of a high and aggravated nature; criminal sexual conduct in the third degree (Section 16-3-654); assault with intent to commit criminal sexual conduct, third degree (Section 16-3-656); burglary, second degree (Section 16-11-312(A)); burglary, third degree (Section 16-11-313); spousal sexual battery (Section 16-3-615); spousal sexual battery (Section 16-3-658); criminal domestic violence of a high and aggravated nature (, as provided for in Section 16-25-65); eavesdropping or peeping (, as provided for in Section 16-17-470); stalking (, as provided for in Section 16-3-1700); or aggravated stalking (, as provided for in Section 16-3-1700); committing or attempting lewd act upon a child under sixteen (Section 16-15-140); first degree sexual exploitation of a minor (Section 16-15-395); sexual intercourse with patient or trainee (Section 44-23-1150); and

(2)   any criminal offender ordered by the court who was convicted or adjudicated delinquent before July 1, 2000 2004, and who is serving a probated sentence or is paroled on or after July 1, 2000 June 30, 2004.

(F)   A person who provides a sample pursuant to this article also must provide such other information as may be required by SLED.

(G)   A person required to provide a sample pursuant to this section may be required to provide another sample if the original sample is lost, damaged, contaminated, or unusable for examination.

(H)   The provisions of this section apply to juveniles notwithstanding the provisions of Section 20-7-8510."
Renumber sections to conform.
Amend title to conform.

Rep. JENNINGS explained the amendment.
The amendment was then adopted.

Reps. JENNINGS and HARRISON proposed the following Amendment No. 2 (Doc Name COUNCIL\BBM\10033SJ04), which was adopted:
Amend the bill, as and if amended, by striking subsection (A)(1)(a) of Section 23-3-620, as contained in SECTION 1, and inserting / a felony; or /.
Amend the bill further, by striking subsection (C)(1)(a) of Section 23-3-620, as contained in SECTION 1, and inserting /a felony; or /

Rep. JENNINGS explained the amendment.
The amendment was then adopted.

Rep. JENNINGS explained the Bill.

The Bill, as amended, was read the second time and ordered to third reading.

The following Bill was taken up:

H. 4537 (Word version) -- Reps. Walker, Wilkins, W. D. Smith, Harrison, Witherspoon, Cato, Townsend, Littlejohn, Davenport, J. E. Smith, Huggins, Lourie, Scott, Bales, McGee, Sinclair, Anthony, Harvin, Cotty, Leach, Allen, Altman, Bailey, Barfield, Battle, Bingham, Bowers, Branham, Breeland, G. Brown, J. Brown, R. Brown, Ceips, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Dantzler, Delleney, Duncan, Edge, Emory, Freeman, Frye, Gilham, Gourdine, Govan, Hagood, Hamilton, Harrell, Haskins, Hayes, Herbkersman, J. Hines, Hinson, Hosey, Howard, Jennings, Keegan, Kennedy, Kirsh, Koon, Lee, Lloyd, Loftis, Lucas, Mack, Mahaffey, Martin, McCraw, McLeod, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Quinn, Rhoad, Rice, Richardson, Rivers, Rutherford, Sandifer, Scarborough, Sheheen, Simrill, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. R. Smith, Snow, Stewart, Stille, Talley, Taylor, Thompson, Toole, Tripp, Trotter, Umphlett, Vaughn, Viers, Weeks, Whipper, White, Whitmire, Young and M. Hines: A BILL TO AMEND TITLE 57, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 4, RELATING TO THE ESTABLISHMENT, FUNCTIONS, AND PURPOSES OF THE DEPARTMENT OF TRANSPORTATION, SO AS TO CREATE THE STATE AERONAUTICS COMMISSION WITHIN THE DEPARTMENT TO OVERSEE THE OPERATION OF THE DEPARTMENT'S DIVISION OF AERONAUTICS AND TO APPOINT THE DIVISION'S DIRECTOR; TO AMEND SECTION 55-5-20, AS AMENDED, RELATING TO DEFINITION OF TERMS

The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\SWB\5791CM04), which was adopted:
Amend the bill, as and if amended, Section 57-4-100, as contained in SECTION 1, page 5, by striking lines 4 through 7 and inserting:
/   Section 57-4-100.   The State Aeronautics Commission is hereby created within the Department of Transportation to establish and oversee the public policy operations of the department's Division of Aeronautics. /
Amend the bill further, Section 58-8-220, as contained in SECTION 4, page 8, by inserting /of the Department of Transportation/ after / Aeronautics/ on line 11.
When amended, Section 58-8-220 shall read:
/Section 58-8-220.   The activities of the Division of Aeronautics of the Department of Transportation must be funded through the State Aviation Fund and general appropriations to the Division of Aeronautics./
Amend the bill further, Section 55-1-1, as contained in SECTION 18, page 13, by striking lines 25 through 29 and inserting:
/Section 55-1-1.     There is created a Division of Aeronautics within the Department of Commerce Transportation which shall be governed by the Secretary of Commerce State Aeronautics Commission as provided in Chapter 1 of Title 13. The commission must establish and oversee the public policy operations of the division. The Director of the Department of Transportation must establish and oversee the administrative operations of the division. The division's director must be appointed or dismissed by the Director of the Department of Transportation with the advice and consent of the commission. The

Section 55-8-20.   (a)(A)   The agency shall administer and enforce the provisions of this chapter and may promulgate regulations necessary for its administration, which shall become effective pursuant to Sections 1-23-10 et seq.

(b)(B)   The agency shall provide for hearings upon request of any person who may be affected by its orders or acts under the provisions of this chapter and may provide for a stay thereof of it until a hearing may be had held.

Any A person aggrieved by any an order or act of the agency hereunder may have judicial review thereof of it by appeal to the circuit court by the filing of written notice of appeal with the grounds thereof with the agency and the circuit court within ten days Administrative Law Judge Division within thirty days after the order or act becomes final. The agency shall transmit to the court the original or a certified copy of the entire record of the proceeding under review, including a transcript of any oral testimony taken at the hearing, at the cost of the appellant. By order of court or by stipulation of all parties to the appeal, the record may be shortened by the elimination of any portion thereof of it. The court shall determine whether the filing of the appeal shall operate operates as a stay of any such an order or act of the agency and the terms of such the stay. The court may, in disposing of the issues before it, affirm, modify or reverse the order or act of the agency in whole or in part and may enter its own order or may reverse and remand the cause for further proceedings by the agency./
Renumber sections to conform.
Amend title to conform.

Rep. LOURIE explained the amendment.
The amendment was then adopted.

The Bill, as amended, was read the second time and ordered to third reading.

On motion of Rep. J. BROWN, with unanimous consent, the following Bill was ordered recalled from the Committee on Education and Public Works:

H. 4415 (Word version) -- Reps. J. Brown, Bales, Cotty, Harrison, Howard, Lourie, J. H. Neal, Quinn, Rutherford, Scott and J. E. Smith: A BILL TO AMEND SECTION 59-53-1710, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MIDLANDS TECHNICAL COLLEGE COMMISSION, SO AS TO REMOVE THE TERM LIMITATION FOR THE MEMBERS OF THE COMMISSION.

Rep. VIERS asked unanimous consent to recall H. 3501 (Word version) from the Committee on Education and Public Works.
Rep. MILLER objected.

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

S. 731 (Word version) -- Senator Moore: A BILL TO AMEND SECTION 50-13-25, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FISHING SEASON AND OTHER FISHING REGULATIONS ON SLADE LAKE IN EDGEFIELD COUNTY, SO AS TO FURTHER SPECIFY THESE REGULATIONS AND TO ALSO PROHIBIT THE USE OF NONGAME FISHING DEVICES AND THE POSSESSION OF FIREARMS, GLASS CONTAINERS, AND ALCOHOL AND TO PROHIBIT LITTERING AND THE IMPROPER OPERATION OR PARKING OF MOTOR VEHICLES.

The Senate amendments to the following Concurrent Resolution were taken up for consideration:

H. 3462 (Word version) -- Reps. Edge, Barfield, Clemmons, Keegan, Viers and Witherspoon: A CONCURRENT RESOLUTION TO REQUEST APPROPRIATE FEDERAL AND STATE HIGHWAY OFFICIALS TO DESIGNATE CERTAIN HIGHWAYS IN SOUTH CAROLINA AS PART OF NEW INTERSTATE HIGHWAYS WHICH CONGRESS HAS AUTHORIZED AND WHICH ARE SCHEDULED TO COME WITHIN THE BOUNDARIES OF SOUTH CAROLINA.

Rep. EDGE explained the Senate Amendments.

The House refused to agree to the Senate amendments and a message was ordered sent accordingly.

The Senate amendments to the following Bill were taken up for consideration:

S. 560 (Word version) -- Senators Leatherman, Ritchie, Knotts, Grooms, Verdin, Giese, Branton, Mescher, McConnell, McGill, J. V. Smith, Alexander, Martin, Short, Moore, Ravenel, O'Dell, Drummond, Hayes, Setzler and Ford: A BILL TO ENACT THE SOUTH CAROLINA LIFE SCIENCES ACT, BY DEFINING A LIFE SCIENCES FACILITY AND PROVIDING THAT A LIFE SCIENCES FACILITY PROJECT IN WHICH IS INVESTED AT LEAST ONE HUNDRED MILLION DOLLARS AND AT WHICH AT LEAST TWO HUNDRED NEW JOBS ARE CREATED WITH ANNUAL CASH COMPENSATION AT LEAST ONE HUNDRED FIFTY PERCENT OF AVERAGE PER CAPITA INCOME IN THIS STATE IS ELIGIBLE FOR EMPLOYEE RELOCATION EXPENSE REIMBURSEMENT AND THE WAIVER ALLOWED ON THE LIMIT FOR JOB DEVELOPMENT CREDITS FOR PURPOSES OF THE ENTERPRISE ZONE ACT OF 1995, TO ALLOW A TAXPAYER OPERATING A LIFE SCIENCES FACILITY TO ENTER INTO AN AGREEMENT WITH THE DEPARTMENT OF REVENUE NOT TO EXCEED FIFTEEN YEARS DURATION FOR ALLOCATION AND APPORTIONMENT FOR PURPOSES OF CORPORATE INCOME TAX, TO AMEND SECTION 12-37-930, AS AMENDED, CODE OF

Rep. HARRELL explained the Senate Amendments.

The House refused to agree to the Senate amendments and a message was ordered sent accordingly.

The following Concurrent Resolution was taken up:

H. 4614 (Word version) -- Rep. Frye: A CONCURRENT RESOLUTION TO REQUEST THE SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION TO NAME A PORTION OF SOUTH CAROLINA HIGHWAY 39 IN SALUDA COUNTY THE "UNCLE BILL EARGLE MEMORIAL HIGHWAY" AND TO INSTALL APPROPRIATE MARKERS CONTAINING THE WORDS "UNCLE BILL EARGLE MEMORIAL HIGHWAY".

Whereas, the residents along this stretch of highway have expressed their positive approval of the installation of this sign and wish to memorialize their beloved friend and neighbor, Uncle Bill Eargle, with this honor; and

Whereas, Uncle Bill Eargle will live on in the memories of his friends, and his highway will be a constant reminder of all his good works and charity. Now, therefore,

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

That the members of the General Assembly request the South Carolina Department of Transportation to name that portion of South Carolina Highway 39, approximately two miles in length beginning at its intersection of South Carolina Highway 178 and ending at its intersection of Forrest Hills Drive in Saluda County, the "Uncle Bill Eargle Memorial Highway" and to install appropriate markers containing the words "Uncle Bill Eargle Memorial Highway".

Be it further resolved that a copy of this resolution be forwarded to the Department of Transportation.

The Concurrent Resolution was adopted and sent to the Senate.

The following Concurrent Resolution was taken up:

H. 4610 (Word version) -- Reps. Chellis, Dantzler, Gourdine, Bailey, Young, Altman and Umphlett: A CONCURRENT RESOLUTION TO REQUEST THE BUDGET AND CONTROL BOARD TO NAME THE CHAPEL AT THE MACDOUGALL CORRECTIONAL INSTITUTION AT RIDGEVILLE IN HONOR OF JAMES W. "JIMMY" DUKES WHO HAS PARTICIPATED IN MINISTRIES AND PROJECTS AT THIS FACILITY SINCE IT OPENED AND

Whereas, in the 1960's when the MacDougall Correctional Institution at Ridgeville was built, a group of men from Summerville realized that these young men in the facility would need guidance as well as personal items in their new environment; and

Whereas, many men helped with the MacDougall ministry and the "Starter Kit" project, but the work of James W. "Jimmy" Dukes stood out, and he continued to serve as long as access to the facility was available; and

Whereas, in the 1970's Jimmy Dukes realized the need for a chapel at the MacDougall campus and undertook the enormous task of raising funds, getting state approval, and building this chapel. He worked untiringly for years to accomplish this feat; and

Whereas, his only request was that the chapel have a baptistery. He chaired a thirty-five member committee drawn from all faiths, groups, and areas of the Lowcountry to get this project completed; and

Whereas, this extraordinary man has given of his time and talents for over four decades to help inmates incarcerated at MacDougall in ways in which they could not do for themselves; and

Whereas, the members of the General Assembly would like to recognize and honor Jimmy Dukes by naming the chapel at MacDougall in his honor. Now, therefore,

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

That the members of the General Assembly, by this resolution, request the Budget and Control Board to name the chapel at the MacDougall Correctional Institution at Ridgeville in honor of James W. "Jimmy" Dukes who has participated in ministries and projects at this facility since it opened and who was the person most instrumental in the building of the chapel.

The Concurrent Resolution was adopted and sent to the Senate.

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

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

H. 4617 (Word version) -- Reps. Taylor, Duncan and M. A. Pitts: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE INTERCHANGE AT INTERSTATE HIGHWAY I-385 AND UNITED STATES HIGHWAY U.S. 49 IN LAURENS COUNTY THE "GEORGE L. PHINNEY MEMORIAL INTERCHANGE" IN HONOR OF THE LATE GEORGE L. PHINNEY, WHOSE GOOD WORKS AND GOOD DEEDS MADE LAURENS COUNTY, THE STATE OF SOUTH CAROLINA, AND THIS COUNTRY BETTER PLACES TO LIVE, AND INSTALL APPROPRIATE MARKERS OR SIGNS AT THE INTERCHANGE.
Ordered for consideration tomorrow.

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

H. 4628 (Word version) -- Reps. Lloyd, R. Brown and Bowers: A HOUSE RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO ERECT APPROPRIATE SIGNS AT EXITS 53 AND 57 ON INTERSTATE HIGHWAY 95 IN COLLETON COUNTY THAT CONTAIN THE WORDS "TUSKEGEE AIRMEN MONUMENT" INDICATING THE DIRECTION TO THE TUSKEGEE AIRMEN MONUMENT AND TO ERECT ADDITIONAL SIGNS TO DIRECT MOTORISTS TO THE MONUMENT FROM BOTH EXITS.
Ordered for consideration tomorrow.

H. 4586 (Word version) -- Reps. M. A. Pitts, Duncan, Merrill, Parks, Pinson and Taylor: A CONCURRENT RESOLUTION TO REQUEST THE BOARD OF THE DEPARTMENT OF NATURAL RESOURCES TO NAME THE LAW ENFORCEMENT STAGING AREA LOCATED ON LAKE GREENWOOD IN LAURENS COUNTY AS THE "DR. JULIUS L. LEARY, JR., LAW ENFORCEMENT STAGING AREA" IN HONOR OF THIS DISTINGUISHED SOUTH CAROLINIAN.
Ordered for consideration tomorrow.

The following was introduced:

H. 4682 (Word version) -- Reps. Limehouse, Quinn, Allen, Altman, Anthony, Bailey, Bales, Barfield, Battle, Bingham, Bowers, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Freeman, Frye, Gilham, Gourdine, Govan, Hagood, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kennedy, Kirsh, Koon, Leach, Lee, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rhoad, Rice, Richardson, Rivers, Rutherford, Sandifer, Scarborough, Scott, Sheheen, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Snow, Stewart, Stille, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Trotter, Umphlett, Vaughn, Viers, Walker, Weeks, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A HOUSE RESOLUTION TO COMMEND AND EXTOL MR. B. BOYKIN ROSE FOR HIS MANY YEARS OF PUBLIC SERVICE INCLUDING SERVICE AS THE DIRECTOR OF THE SOUTH CAROLINA DEPARTMENT OF PUBLIC SAFETY, AND TO WISH HIM WELL IN ALL OF HIS FUTURE ENDEAVORS.

The Resolution was adopted.

The following was introduced:

H. 4683 (Word version) -- Reps. Coates, Weeks, G. M. Smith, J. H. Neal, G. Brown, Allen, Altman, Anthony, Bailey, Bales, Barfield, Battle, Bingham, Bowers, Branham, Breeland, J. Brown, R. Brown, Cato, Ceips, Chellis, Clark, Clemmons, Clyburn, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Freeman, Frye, Gilham, Gourdine, Govan, Hagood, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kennedy, Kirsh, Koon, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Quinn, Rhoad, Rice, Richardson, Rivers, Rutherford, Sandifer, Scarborough, Scott, Sheheen, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Snow, Stewart, Stille, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Trotter, Umphlett, Vaughn, Viers, Walker, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A HOUSE RESOLUTION TO EXTEND THE CONGRATULATIONS OF THE MEMBERS OF THE HOUSE OF REPRESENTATIVES TO SHERIFF TOMMY MIMS, JR., OF SUMTER COUNTY, FOR HIS SIXTEEN YEARS OF DISTINGUISHED SERVICE AS SHERIFF AND CONVEY TO HIM BEST WISHES UPON HIS RETIREMENT AND IN ALL HIS FUTURE ENDEAVORS.

The Resolution was adopted.

On motion of Rep. W. D. SMITH, with unanimous consent, the following was taken up for immediate consideration:

H. 4684 (Word version) -- Reps. W. D. Smith, Allen, Altman, Anthony, Bailey, Bales, Barfield, Battle, Bingham, Bowers, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Freeman, Frye, Gilham, Gourdine, Govan, Hagood, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson,

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, extend the privilege of the floor to the Wofford College "Terriers" football team and Head Coach Mike Ayers on Wednesday, February 11, 2004, at a time to be determined by the Speaker, to congratulate the team for its outstanding season as the Southern Conference Football Champions and Head Coach Mike Ayers for being named National Coach of the Year in Division I-AA.

The Resolution was adopted.

The following was introduced:

H. 4685 (Word version) -- Reps. G. M. Smith, Weeks, Coates, J. H. Neal, G. Brown, Allen, Altman, Anthony, Bailey, Bales, Barfield, Battle, Bingham, Bowers, Branham, Breeland, J. Brown, R. Brown, Cato, Ceips, Chellis, Clark, Clemmons, Clyburn, Cobb-Hunter, Coleman, Cooper, Cotty,

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

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

H. 4686 (Word version) -- Rep. G. M. Smith: A BILL TO AMEND SECTION 22-3-545, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TRANSFER OF CERTAIN CRIMINAL CASES FROM GENERAL SESSIONS COURT TO A MAGISTRATE OR MUNICIPAL COURT, SO AS TO INCREASE THE MAXIMUM MONETARY PENALTY FOR WHICH A CRIME IN A CASE DOES NOT EXCEED FOR IT TO BE TRANSFERRED FROM GENERAL SESSIONS COURT TO A MAGISTRATE OR MUNICIPAL COURT.
Referred to Committee on Judiciary

H. 4687 (Word version) -- Rep. Cooper: A JOINT RESOLUTION TO ALLOW AN ENTITY THAT BEGAN PARTICIPATION IN THE STATE HEALTH INSURANCE PLAN BEFORE APRIL 1, 2004, TO

H. 4688 (Word version) -- Reps. Davenport, Martin, Altman, Bailey, Barfield, Branham, Cato, Clark, Clyburn, Coates, J. Hines, M. Hines, Kirsh, Moody-Lawrence, Rivers, Scarborough, Sinclair, Snow, Stille and Tripp: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 39-1-55 SO AS TO PROVIDE THAT A PERSON MAY NOT ISSUE OR SELL A GIFT CERTIFICATE WHICH PROVIDES THAT THE CERTIFICATE EXPIRES BEFORE THE FIRST ANNIVERSARY OF THE DATE ON WHICH THE CERTIFICATE IS ISSUED OR SOLD, TO PROVIDE EXCEPTIONS, AND TO PROVIDE THAT A CONDITION RELATING TO THE USE OF A GIFT CERTIFICATE MUST BE STATED CLEARLY ON THE CERTIFICATE IF THE CONDITION PROVIDES THAT THE CERTIFICATE DECREASES IN VALUE OVER A PERIOD OF TIME OR THAT A FEE IS CHARGED AGAINST THE BALANCE OF THE CERTIFICATE AFTER A CERTAIN PERIOD OF TIME.
Referred to Committee on Labor, Commerce and Industry

The following was introduced:

H. 4689 (Word version) -- Reps. Talley, W. D. Smith, Sinclair, F. N. Smith, G. M. Smith, Lee, Allen, Altman, Anthony, Bailey, Bales, Barfield, Battle, Bingham, Bowers, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Freeman, Frye, Gilham, Gourdine, Govan, Hagood, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kennedy, Kirsh, Koon, Leach, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips,

Whereas, being a member of a sports team allows young people to have the opportunity to learn the skills of cooperation and teamwork while developing great athletic talents; and

Whereas, to become a champion in football, all members of the team and the coaching staff must have outstanding leadership and physical abilities; and

Whereas, the 2003 Wofford College "Terriers" capped their outstanding season by winning the Southern Conference Championship with a record of 8-0 in the conference, advancing to the Division I-AA playoffs and finishing the season with a record of 12-1 overall, the most victories the school has ever had in one season; and

Whereas, this was Wofford College's first Southern Conference Championship and the league's first perfect season since 1998; and

Whereas, after finishing the regular season ranked second nationally in Division I-AA, the "Terriers" advanced to the I-AA playoffs and reached the semi-finals before losing a hard-fought game against Delaware by a 24-9 score; and

Whereas, despite the loss to Delaware in the semi-finals, Head Coach Mike Ayers and the team through hard work and determination reached heights seldom achieved by any football team regardless of classification; and

Whereas, while Mike Ayers was already the winningest coach in Wofford College history, he gained his one hundredth win in the 2003 season against Furman University at the end of the regular season; and

Whereas, this outstanding finish for the 2003 Wofford College football team that culminated with twelve wins and a Southern Conference Championship has brought deserved recognition and pride not only to Wofford College, its administration, staff, alumni, students, and loyal fans, but also to the State of South Carolina as well. Now, therefore,

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

That the members of the General Assembly of the State of South Carolina, by this resolution, extend their congratulations to the 2003 Wofford College "Terriers" football team for their outstanding season as the Southern Conference Champions and to Head Coach Mike Ayers for being named National Coach of the Year in Division I-AA by the American Football Coaches Association.

Be it further resolved that a copy of this resolution be forwarded to the 2003 Wofford College football team and Head Coach Mike Ayers.

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

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

At 1:00 p.m. the House, in accordance with the motion of Rep. G. BROWN, adjourned in memory of William Douglas White, Jr. of Lee County, to meet at 10:00 a.m. tomorrow.

This web page was last updated on Wednesday, June 24, 2009 at 3:25 P.M.