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 147:5: "Great is our Lord, and abundant in power; His understanding is beyond measure."
Let us pray. Almighty God, Your power is abundant. Help us to simply trust for Your guidance in making decisions. Fill these women and men with wisdom and courage to fulfill Your power among us. Bless our State and Nation. Give defenders of freedom Your protection. 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. SCARBOROUGH moved that when the House adjourns, it adjourn in memory of Lee Wesley Westbury of Folly Beach, grandfather of Lieutenant Governor André Bauer, which was agreed to.

The following was received:

Columbia, S.C., February 3, 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. 832:

Very respectfully,
President
Received as information.

The following was received from the Senate:

Columbia, S.C., February 3, 2004
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has appointed Senators Alexander, Pinckney and Cromer of the Committee of Conference on the part of the Senate on H. 3617:

H. 3617 (Word version) -- Reps. Sandifer, Bailey, Frye, Cato, E. H. Pitts, Cotty, J. H. Neal, J. Brown, Anthony, Ceips, Duncan, Freeman, Mahaffey, McCraw, Ott, Phillips, M. A. Pitts, Stille, White and Whitmire: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 32-7-60 SO AS TO CREATE THE PRENEED FUNERAL LOSS REIMBURSEMENT FUND AND TO PROVIDE FOR THE PURPOSE AND USES OF MONIES IN THE FUND; TO AMEND SECTION 32-7-45, RELATING TO THE TRANSFER PROCEDURES FOR TRUST FUNDS HELD PURSUANT TO PRENEED BURIAL CONTRACTS, SO AS TO REVISE THESE PROCEDURES; AND TO AMEND SECTION 32-7-50, RELATING TO LICENSURE REQUIREMENTS TO OFFER AND ENTER INTO PRENEED BURIAL CONTRACTS, SO AS TO PROVIDE A PENALTY FOR ENTERING INTO SUCH CONTRACTS WITHOUT BEING LICENSED.

Very respectfully,
President

Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report on:

S. 844 (Word version) -- Senators McConnell, Moore, Alexander, Anderson, Branton, Courson, Cromer, Drummond, Elliott, Fair, Ford, Giese, Glover, Gregory, Grooms, Hayes, Hutto, Knotts, Land, Leatherman, Leventis, Malloy, Martin, Matthews, McGill, Mescher, O'Dell, Patterson, Peeler, Pinckney, Rankin, Ravenel, Reese, Richardson, Ritchie, Setzler, Short, J. V. Smith, Thomas, Verdin, Waldrep and Hawkins: A BILL TO AMEND SECTION 33-49-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TITLE OF THE RURAL ELECTRIC COOPERATIVE ACT, SO AS TO DELETE THE WORD "RURAL"; TO AMEND SECTION 33-49-20, RELATING TO DEFINITIONS UNDER THE ELECTRIC COOPERATIVES ACT, SO AS TO DELETE THE DEFINITION OF "RURAL AREA" AND ADD DEFINITIONS OF "COMMISSION" AND "CORRIDOR"; TO AMEND ARTICLE 1, CHAPTER 49 OF TITLE 33, BY ADDING SECTION 33-49-140, SO AS TO PROVIDE THAT CERTAIN RIGHTS AND AGREEMENTS ARE NOT AFFECTED BY THIS ACT; TO AMEND SECTION 33-49-210, RELATING TO THE PURPOSE OF ORGANIZATION OF COOPERATIVE NONPROFIT MEMBERSHIP CORPORATIONS, SO AS TO DELETE THE REFERENCE TO RURAL AREAS; TO AMEND SECTION 33-49-250, RELATING TO THE POWERS OF ELECTRIC COOPERATIVES, SO AS TO DELETE A REFERENCE TO RURAL AREAS AND TO PROVIDE THAT ELECTRIC COOPERATIVES HAVE THE RIGHT TO SERVE CERTAIN PREMISES IN AREAS ANNEXED BY MUNICIPALITIES OR NEWLY-INCORPORATED AREAS UNDER CERTAIN CIRCUMSTANCES AND WITH CERTAIN EXCEPTIONS; TO AMEND SECTION 58-27-90, RELATING TO THE CONSTITUTIONAL RIGHTS AND POWERS OF MUNICIPALITIES, SO AS TO APPLY THE SECTION TO THE POWERS OF ELECTRIC COOPERATIVES; TO AMEND SECTION 58-27-100, RELATING TO MUNICIPAL POLICE REGULATIONS AND ORDINANCES, SO AS TO APPLY THE SECTION TO THE

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

H. 4453 (Word version) -- Reps. Sheheen, Jennings and Altman: A BILL TO AMEND SECTION 19-1-150, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LIFE EXPECTANCY TABLE FOR CIVIL LITIGATION, SO AS TO UPDATE THE TABLE USING THE 2001 COMMISSIONERS STANDARD ORDINARY MORTALITY TABLE.
Ordered for consideration tomorrow.

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

H. 4354 (Word version) -- Reps. Hagood, Littlejohn, Young, Chellis and Lourie: A BILL TO ENACT THE "SOUTH CAROLINA INFRASTRUCTURE PRIORITY INVESTMENT ACT OF 2003" BY AMENDING SECTION 6-29-510, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMPREHENSIVE PLANS OF LOCAL PLANNING COMMISSIONS, SO AS TO ESTABLISH COORDINATION BETWEEN ADJACENT AND OTHER RELEVANT JURISDICTIONS DURING THE LOCAL PLANNING PROCESS AND TO ESTABLISH THE DESIGNATION OF PRIORITY INFRASTRUCTURE AREAS AS AN ELEMENT OF COMPREHENSIVE PLANS.
Ordered for consideration tomorrow.

H. 3400 (Word version) -- Reps. M. A. Pitts and Taylor: A BILL TO REPEAL JOINT RESOLUTION 775 OF 1976 WHICH CALLED ON CONGRESS TO BALANCE THE FEDERAL BUDGET THROUGH SUBMITTING AN APPROPRIATE AMENDMENT TO THE STATES FOR RATIFICATION OR IN THE ALTERNATIVE TO CALL A CONSTITUTIONAL CONVENTION FOR THIS PURPOSE, AND TO DISAVOW ANY OTHER CALLS FOR A CONSTITUTIONAL CONVENTION BY ANY MEANS EXPRESSED.
Ordered for consideration tomorrow.

Rep. J. BROWN, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report on:

H. 4455 (Word version) -- Reps. Clemmons, J. Brown, Sandifer, Leach, Clark, Toole, Ceips, Herbkersman and Gilham: A BILL TO AMEND SECTION 40-43-86, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VARIOUS REQUIREMENTS PERTAINING TO PHARMACIES, INCLUDING THE TRANSFER OF ORIGINAL PRESCRIPTION INFORMATION BETWEEN PHARMACIES IN THIS STATE, SO AS TO PROVIDE THAT ALL REMAINING REFILLS, RATHER THAN ONLY ONE REFILL, MAY BE TRANSFERRED TO AND DISPENSED BY THE RECEIVING PHARMACY, TO DELETE THE REFERENCE TO IN-STATE PHARMACIES, AND TO DELETE A PROVISION CONTAINING PROCEDURES FOR DISPENSING RESTRICTED DRUGS.
Ordered for consideration tomorrow.

Rep. J. BROWN, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report on:

H. 4397 (Word version) -- Reps. Mack, Breeland, Whipper, Branham and R. Brown: A BILL TO AMEND SECTION 40-47-1210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN THE ANESTHESIOLOGIST'S ASSISTANCE PRACTICE ACT, SO AS TO CHANGE THE DEFINITIONS OF "ANESTHESIOLOGIST" AND "SUPERVISING

The following was introduced:

H. 4690 (Word version) -- Reps. Harrell, 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, 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, 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. 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,

The Resolution was adopted.

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

H. 4691 (Word version) -- Reps. Witherspoon, Anthony, Coates, Davenport, Snow and Stille: A BILL TO AMEND SECTION 56-3-9600, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NO MORE HOMELESS PETS SPECIAL LICENSE PLATES, SO AS TO SUBSTITUTE THE TERM SOUTH CAROLINA DEPARTMENT OF AGRICULTURE FOR THE TERM STATE VETERINARIAN IN REGARD TO THE ENTITY WHICH DESIGNATES THE USE OF THE FUNDS DERIVED FROM THE SALE OF THESE PLATES.
Referred to Committee on Education and Public Works

H. 4692 (Word version) -- Reps. Witherspoon, Battle, Coates, Davenport, Duncan, Emory, Mahaffey, Miller, Snow, Stille and Vaughn: A BILL TO AMEND SECTION 46-27-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS UNDER THE SOUTH CAROLINA COMMERCIAL FEED ACT, SO AS TO REVISE CERTAIN DEFINITIONS AND ADD OTHER DEFINITIONS; TO AMEND SECTION 46-27-40, RELATING TO CERTAIN UNLAWFUL SALES UNDER THE ACT, SO AS TO CORRECT SPECIFIED REFERENCES AND TO PROVIDE THAT IT IS UNLAWFUL TO OFFER FOR SALE ANY FEED THAT IS ADULTERATED OR MISBRANDED; TO ADD SECTION 46-27-41 SO AS TO PROVIDE THE CIRCUMSTANCES WHEN COMMERCIAL FEED IS CONSIDERED TO BE MISBRANDED; TO ADD SECTION 46-27-42 SO AS TO PROVIDE THE CIRCUMSTANCES WHEN COMMERCIAL FEED IS CONSIDERED TO BE ADULTERATED; TO ADD SECTION 46-27-45 SO AS TO REQUIRE MANUFACTURERS, IMPORTERS,

H. 4693 (Word version) -- Reps. Witherspoon, Battle, Coates, Davenport, Emory, Mahaffey, Miller, Snow, Stille and Vaughn: A BILL TO AMEND

H. 4694 (Word version) -- Rep. Leach: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 45-5-80 SO AS TO REQUIRE LODGING ESTABLISHMENTS TO COMPLY BEFORE JULY 1, 2007, WITH INTERNATIONAL BUILDING CODE STANDARDS FOR FIRE SUPPRESSION AND TO DEFINE "LODGING ESTABLISHMENT".
Referred to Committee on Labor, Commerce and Industry

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

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            Cooper                 Cotty
Dantzler               Delleney               Duncan
Edge                   Emory                  Freeman
Frye                   Gilham                 Gourdine
Hagood                 Hamilton               Harrell
Harrison               Haskins                Hayes
Herbkersman            J. Hines               M. Hines
Hinson                 Hosey                  Huggins
Jennings               Keegan                 Kennedy
Kirsh                  Leach                  Lee
Limehouse              Littlejohn             Lloyd
Loftis                 Lourie                 Lucas
Mack                   Mahaffey               McCraw
McGee                  McLeod                 Merrill

Miller                 Moody-Lawrence         J. M. Neal
Ott                    Owens                  Parks
Perry                  Pinson                 E. H. Pitts
M. A. Pitts            Rhoad                  Rice
Richardson             Rivers                 Sandifer
Scarborough            Scott                  Sheheen
Simrill                Sinclair               Skelton
D. C. Smith            G. M. Smith            G. R. Smith
J. E. Smith            J. R. Smith            W. D. Smith
Stewart                Stille                 Talley
Taylor                 Thompson               Toole
Townsend               Tripp                  Trotter
Umphlett               Vaughn                 Viers
Walker                 Weeks                  White
Whitmire               Wilkins                Witherspoon
Young

I came in after the roll call and was present for the Session on Wednesday, February 4.

Becky Martin                      John J. "Bubber" Snow
Denny Neilson                     Todd Rutherford
Jerry Govan                       Seth Whipper
Ralph Davenport                   Fletcher Smith
Larry Koon                        Joseph Neal
Alex Harvin
Rick Quinn   Leon Howard

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

Rep. HARVIN signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Tuesday, February 3.

Reps. KIRSH, DELLENEY, EMORY, MCCRAW and MOODY-LAWRENCE presented to the House the 2003 Clover High School Lady Blue Eagles Tennis Team, the Class AAA State Champions, and their coaches.

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. 4455 (Word version)
Date:   ADD:
02/04/04   GILHAM

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

Bill Number:   H. 4446 (Word version)
Date:   ADD:
02/04/04   BINGHAM

Bill Number:   H. 3653 (Word version)
Date:   ADD:
02/04/04   VIERS

Bill Number:   H. 4354 (Word version)
Date:   ADD:
02/04/04   LOURIE

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

Bill Number:   H. 4455 (Word version)
Date:   ADD:
02/04/04   CEIPS

Bill Number:   H. 4455 (Word version)
Date:   ADD:
02/04/04   HERBKERSMAN

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

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

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

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

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

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

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

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

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

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

Bill Number:   H. 4481 (Word version)
Date:   ADD:
02/04/04   J. E. SMITH

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

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

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

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

Bill Number:   H. 4674 (Word version)
Date:   ADD:
02/04/04   CHELLIS

Bill Number:   H. 3689 (Word version)
Date:   ADD:
02/04/04   OWENS

Bill Number:   H. 3689 (Word version)
Date:   ADD:
02/04/04   RICE

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

H. 4681 (Word version) -- Reps. Neilson, Lucas and J. Hines: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAYS MISSED

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.

H. 4678 (Word version) -- Reps. J. R. Smith, Clark, Clyburn, D. C. Smith, Stewart and Perry: 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.

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.

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

Rep. J. BROWN explained the Bill.

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 following Bills were taken up, read the third time, and ordered sent to the Senate:

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.

H. 4537 (Word version) -- Reps. Walker, Wilkins, W. D. Smith, Harrison, Witherspoon, Cato, Townsend, Littlejohn, Davenport, J. E. Smith,

The following Bill was taken up:

H. 3726 (Word version) -- Rep. Harrison: A BILL TO AMEND SECTION 16-17-495, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\SWB\5794CM04), which was adopted:
Amend the bill, as and if amended, Section 16-17-495(F) as contained in SECTION 1, page 2, by adding after line 38:
/ the provisions contained in this subsection apply to children less than sixteen years of age only. /
When amended Section 16-17-495(F) shall read:
/   (F)   If a determination of custody has been made by a court order that is shown to a law enforcement officer as evidence of who is the legal custodian of the child, and the law enforcement officer has probable cause to believe that the child has been taken or is being withheld from his legal custodian in violation of this section, and the child is in a specific dwelling, building, structure, or vehicle, then the officer may:

(1)   seek a warrant or court order to enter the dwelling, building, structure, or vehicle and use any reasonable means necessary to recover and return the child to his legal custodian; or

(2)   enter the dwelling, building, structure, or vehicle without a warrant and use any reasonable means necessary to recover and return the child to his legal custodian if the officer has probable cause to believe the child's health or safety is in danger.

The provisions contained in this subsection apply to children less than sixteen years of age only. /
Renumber sections to conform.
Amend title to conform.

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

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

The following Bill was taken up:

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.

Rep. TOWNSEND made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.

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

H. 4645 (Word version) -- Reps. Littlejohn, Davenport, Mahaffey, W. D. Smith, Talley and Walker: A BILL TO AMEND ACT 1 OF 2001, RELATING TO SUPPLEMENTAL APPROPRIATIONS FOR A PARTICULAR YEAR AND CAPITAL IMPROVEMENT BOND AUTHORIZATIONS, AMONG OTHER THINGS, SO AS TO REVISE THE PURPOSE FOR WHICH A CAPITAL

The following House Resolution was taken up:

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.

Be it resolved by the House of Representatives:

That the members of the House of Representatives, by this resolution, 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" and to erect additional signs to direct motorists to the monument from both exits.

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

The Resolution was adopted.

The following Concurrent Resolution was taken up:

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

Whereas, the members of the General Assembly are pleased to honor the worthy citizens of our State for their outstanding contributions; and

Whereas, George Leon Phinney of Laurens County died September 12, 2002, leaving a legacy of service; and

Whereas, he served his country, as a fighter pilot in World War II and in the Department of Commerce during the Carter administration; and

Whereas, his many contributions to his State through the state's political process and the creation of economic and business opportunities earned him the Order of the Palmetto, the highest citizenship honor given by the State; and

Whereas, the County of Laurens is the beneficiary of his fifty years of commitment to its civic, political, and business communities. Now, therefore,

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

That the members of the General Assembly 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.

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

The Concurrent Resolution was adopted and sent to the Senate.

The following Concurrent Resolution was taken up:

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.

Whereas, the South Carolina Department of Natural Resources and other law enforcement agencies are responsible for boating safety, enforcement of fishing laws and regulations, and management of the diverse fishing resources on Lake Greenwood; and

Whereas, Lake Greenwood, located in Greenwood, Laurens, and Newberry Counties, is a valuable natural resource which is vital to the local and state economy and is an important recreational resource for many thousands of our state's citizens; and

Whereas, the Department of Natural Resources, in its role as steward of the natural resources and public safety on Lake Greenwood, maintains a staging area for law enforcement and fishery management at the lake; and

Whereas, Dr. Julius L. "Juke" Leary, Jr., is a prominent and respected doctor in Greenwood having served his patients with devotion since 1980; and

Whereas, he is a native of Greenwood County and graduated Summa Cum Laude from the University of South Carolina in 1976 and Cum Laude from the Medical University of South Carolina in 1980; and

Whereas, Dr. Leary has served two terms on the Board of the South Carolina Department of Natural Resources having recently retired from this position in July 2003; and

Whereas, Juke Leary is a community leader who has served numerous civic organizations, professional organizations, charitable

Whereas, he has received many honors and awards recognizing his medical skills, public service, and civic activities; and

Whereas, Dr. Leary is also among the State's leading conservationists; and

Whereas, the members of the General Assembly, by this resolution, would like to recognize and thank this distinguished South Carolinian for his many contributions to our State by naming the Lake Greenwood staging area in his honor. Now, therefore,

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

That the members of the General Assembly hereby 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.

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

The Concurrent Resolution was adopted and sent to the Senate.

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

The following Bill was taken up:

H. 3987 (Word version) -- Reps. White, Altman and Toole: A BILL TO AMEND SECTION 44-7-2910, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRIMINAL RECORD CHECKS FOR DIRECT CAREGIVERS IN NURSING HOMES AND OTHER FACILITIES PROVIDING CARE TO ADULTS, SO AS TO REQUIRE A FACILITY TO COMMENCE A CRIMINAL RECORD

Rep. WHITE proposed the following Amendment No. 3 (Doc Name COUNCIL\NBD\12133AC04), which was adopted:
Amend the bill, as and if amended, by deleting Section 44-7-2910(A)(1) and inserting:
/(1)   No direct care entity may employ or contract with a direct caregiver until after the direct caregiver has undergone a criminal record check as provided in this section. However, pending the results of the criminal record check, a person temporarily may be employed or may contract as a direct caregiver with a direct care entity. A direct care entity employing or contracting with a direct caregiver shall conduct a criminal record check as provided in this section prior to employing or contracting with the direct caregiver. A direct care entity may consider the all information revealed by a criminal record check as a factor in evaluating a direct caregiver's application to be employed by or contract with the entity./
Amend the bill further, by deleting Section 44-7-2910(C)(2) and inserting:
/   (2)   A direct care entity unable to verify South Carolina residency for a direct care applicant for the preceding twelve months shall conduct a federal criminal record check on the applicant or conduct a in addition to the state criminal record check. However, if the direct care entity is located in a county of this State that borders either North Carolina or Georgia and the direct care applicant can verify residency in North Carolina or Georgia for the twelve months preceding the date of the employment application through the same means enumerated in (C)(1)(a) through (d), the direct care entity shall conduct only a state

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

Pursuant to Rule 7.7 the Yeas and Nays were taken resulting as follows:

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            Cooper                 Cotty
Dantzler               Delleney               Duncan
Edge                   Emory                  Freeman
Frye                   Gilham                 Govan
Hagood                 Hamilton               Harrell
Harrison               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                 Miller
Moody-Lawrence         J. M. Neal             Neilson
Ott                    Owens                  Parks
Perry                  Pinson                 E. H. Pitts
M. A. Pitts            Rhoad                  Rice
Richardson             Rivers                 Sandifer
Scarborough            Scott                  Simrill
Sinclair               Skelton                D. C. Smith
G. M. Smith            G. R. Smith            J. E. Smith
J. R. Smith            Snow                   Stewart
Talley                 Taylor                 Thompson
Toole                  Townsend               Tripp
Trotter                Umphlett               Vaughn
Viers                  Walker                 Weeks
White                  Whitmire               Wilkins
Witherspoon            Young

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

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

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

H. 3636 (Word version) -- Reps. Snow, G. Brown, Coates, Cobb-Hunter, J. Hines, Kennedy, Martin, J. H. Neal, Sandifer, G. M. Smith, Weeks, Whitmire and McLeod: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-11-960 SO AS TO PROVIDE THAT A PERSON OR GROUP ENGAGING IN A MUSICAL PRODUCTION OR PERFORMANCE MAY UTILIZE THE NAME OF ANOTHER PERSON OR GROUP IF THAT PERSON OR ONE MEMBER OF THE GROUP UTILIZING THE NAME PERFORMED A SIGNIFICANT ROLE IN THE RECORDINGS OF THE PERSON OR GROUP WHOSE NAME IS BEING UTILIZED, TO DEFINE "SIGNIFICANT ROLE" FOR PURPOSES OF THIS SECTION, TO PROVIDE FOR PERFORMANCE OF A "SALUTE" OR "TRIBUTE" ONLY BY A PERSON OR GROUP THAT DID NOT PERFORM A SIGNIFICANT ROLE IN THE RECORDINGS OF A PERSON OR GROUP WHOSE NAME IS BEING UTILIZED, AND TO PROVIDE THAT A PERSON OR GROUP UTILIZING THE NAME OF ANOTHER PERSON OR GROUP THAT DID NOT PERFORM A SIGNIFICANT ROLE IN THE RECORDINGS OF THE PERSON OR GROUP SHALL AFFIRMATIVELY DISCLOSE THAT THEY DID NOT PERFORM A SIGNIFICANT ROLE IN THE PRODUCTION OR RELEASE OF THE RECORDINGS OR WITH THE PERSON OR GROUP WHO PRODUCED AND RELEASED THE RECORDINGS, AND TO PROVIDE PENALTIES FOR VIOLATIONS OF THIS SECTION.
Ordered for consideration tomorrow.

S. 743 (Word version) -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSION FOR THE BLIND, RELATING TO BUSINESS ENTERPRISE PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 2832, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Ordered for consideration tomorrow.

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

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".
Ordered for consideration tomorrow.

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

H. 4630 (Word version) -- Reps. Viers, Barfield, Altman, Anthony, Bingham, G. Brown, Davenport, Delleney, Duncan, Frye, Harrison, Haskins, Herbkersman, Hosey, Leach, Limehouse, Littlejohn, Lloyd, Lucas, McCraw, Owens, Phillips, Pinson, M.A. Pitts, Rhoad, Simrill, D.C. Smith, G.R. Smith, Stille, Taylor, Whitmire and Young: A CONCURRENT RESOLUTION TO MEMORIALIZE THE CONGRESS OF THE UNITED STATES TO ENACT AND SUBMIT TO THE STATES FOR RATIFICATION AN AMENDMENT TO THE UNITED STATES CONSTITUTION TO ALLOW FOR THE DISPLAY OF THE TEN COMMANDMENTS IN PUBLIC SCHOOLS, GOVERNMENT OFFICES, PUBLIC BUILDINGS, AND OTHER PUBLIC PLACES.
Ordered for consideration tomorrow.

H. 4647 (Word version) -- Reps. Scarborough, Altman and Harrell: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE NEWLY CONSTRUCTED BRIDGE THAT CROSSES THE STONO RIVER IN CHARLESTON COUNTY IN MEMORY OF PAUL J. GELEGOTIS, FORMER MEMBER OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES, AND TO INSTALL APPROPRIATE MARKERS OR SIGNS AT THE BRIDGE CONTAINING THE WORDS "PAUL J. GELEGOTIS MEMORIAL BRIDGE".
Ordered for consideration tomorrow.

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

H. 4695 (Word version) -- Reps. Freeman, Lucas, Jennings and Neilson: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED ON JANUARY 26, 27, AND 28, 2004, BY THE STUDENTS OF A SCHOOL IN THE CHESTERFIELD COUNTY SCHOOL DISTRICT WHEN THE SCHOOL WAS CLOSED DUE TO ICE OR INCLEMENT WEATHER CONDITIONS ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
On motion of Rep. LUCAS, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.

H. 4696 (Word version) -- Reps. Witherspoon, Bailey, Battle, Clemmons, Coates, Davenport, Duncan, Edge, Keegan, Leach, Limehouse, Loftis, McCraw, Owens and Rhoad: A BILL TO AMEND SECTION 46-17-200, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALIFICATIONS OF MEMBERS OF THE AGRICULTURAL COMMODITY BOARDS, SO AS TO REVISE THESE QUALIFICATIONS.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs

H. 4698 (Word version) -- Reps. Witherspoon, Rhoad, Bailey, Barfield, Battle, Coates, Davenport, Duncan, Edge, Hayes, J. Hines, Keegan, Leach, Limehouse, McCraw and M. A. Pitts: A BILL TO AMEND SECTION 48-23-95, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFICIAL SUMMONS FOR MAKING ARRESTS BY FOREST LAW ENFORCEMENT OFFICERS, SO AS TO REVISE THE VIOLATIONS FOR WHICH THIS SUMMONS MAY BE USED; AND TO AMEND SECTION 48-23-96, RELATING TO THE APPOINTMENT AND TRAINING OF FOREST LAW ENFORCEMENT OFFICERS, SO AS TO FURTHER PROVIDE FOR THEIR APPOINTMENT AND LAW ENFORCEMENT RESPONSIBILITIES.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs

H. 4699 (Word version) -- Reps. Duncan, M. A. Pitts, Simrill, Moody-Lawrence, Bailey, Chellis, Clark, Dantzler, Gourdine, Littlejohn, Lourie, Owens, Pinson, Rice, W. D. Smith, Snow, Stille, Taylor, Toole, Umphlett and Weeks: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-5100 SO AS TO ALLOW A TAXPAYER WHO WISHES TO MAKE A CONTRIBUTION TOWARD K-12 PUBLIC EDUCATION IN THIS STATE TO DO SO BY DESIGNATING FIVE DOLLARS TO BE

H. 4700 (Word version) -- Rep. Rhoad: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED ON JANUARY 26 AND 27, 2004, BY THE STUDENTS OF SCHOOLS IN BAMBERG-EHRHARDT SCHOOL DISTRICT 1 AND DENMARK-OLAR SCHOOL DISTRICT 2 IN BAMBERG COUNTY WHEN THE SCHOOLS WERE CLOSED DUE TO ICE OR INCLEMENT WEATHER CONDITIONS ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
On motion of Rep. RHOAD, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.

H. 4701 (Word version) -- Rep. Altman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ENACT THE "SOUTH CAROLINA BILL OF RIGHTS DAY" BY ADDING SECTION 53-3-165 SO AS TO ESTABLISH DECEMBER FIFTEENTH OF EACH YEAR AS BILL OF RIGHTS DAY, AND TO ENCOURAGE ALL GOVERNMENTAL BODIES TO OBSERVE THE ANNUAL BILL OF RIGHTS DAY IN A MANNER THAT EMPHASIZES THE DOCUMENT'S MEANING AND IMPORTANCE.
Referred to Committee on Judiciary

H. 4702 (Word version) -- Rep. Harvin: A BILL TO AUTHORIZE THE BOARD OF TRUSTEES FOR SCHOOL DISTRICT 1 IN CLARENDON COUNTY TO EXPEND FUNDS IN ITS SCHOOL BUILDING FUND TO MEET ITS COSTS OF OPERATIONS AND MAINTENANCE AND TO REPLACE FUNDS LOST AS A

H. 4703 (Word version) -- Reps. Neilson, Bales, Clark, Cobb-Hunter, J. Hines, M. Hines, Littlejohn, Rhoad, Rivers and Snow: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-3895 SO AS TO PROHIBIT A PERSON FROM OPERATING A MOTOR VEHICLE WHILE USING A MOBILE OR CELLULAR PHONE UNLESS THE PHONE IS USED IN A "HANDS FREE" MANNER AND TO DEFINE THIS TERM AND TO PROVIDE PENALTIES.
Referred to Committee on Judiciary

H. 4704 (Word version) -- Reps. Sandifer, Owens, Rice, Skelton, Snow and Whitmire: A BILL TO AMEND CHAPTER 55, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 10 SO AS TO REQUIRE NEW SEPTIC TANK INSTALLATION TO INCLUDE AN ACCESS PIPE FOR MONITORING AND PUMPING THE SEPTIC SYSTEM, TO REQUIRE THE INSTALLATION OF SUCH A PIPE WHEN WORK IS BEING PERFORMED ON THE TANK, AND TO PROVIDE A CIVIL FINE FOR VIOLATIONS.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs

The following was introduced:

H. 4705 (Word version) -- Rep. Lloyd: A CONCURRENT 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.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

The following was introduced:

H. 4706 (Word version) -- Rep. Allen: A CONCURRENT RESOLUTION RECOGNIZING THE LEGACY OF HENRIETTA DALTON AND ROLAND HAWKINS AS THEIR DESCENDANTS CELEBRATE THEIR FORE PARENT'S RICH HISTORY.

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

On motion of Rep. W. D. SMITH the House stood at ease subject to the call of the Chair.

At 11:50 a.m. the House resumed, the SPEAKER in the Chair.

At 12:00 noon the Senate appeared in the Hall of the House. The President of the Senate called the Joint Assembly to order and announced that it had convened under the terms of a Concurrent Resolution adopted by both Houses.

The Reading Clerk of the House read the following Concurrent Resolution:

S. 824 (Word version) -- Senators McConnell, Moore, Ritchie, J. V. Smith, O'Dell, Ryberg and Ford: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, FEBRUARY 4, 2004, AS THE TIME TO ELECT A SUCCESSOR TO A CERTAIN CHIEF JUSTICE OF THE SUPREME COURT, SEAT 1, WHOSE TERM EXPIRES JULY 31, 2004; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE COURT OF APPEALS, SEAT 9, WHOSE TERM EXPIRES JUNE

The PRESIDENT recognized Rep. DELLENEY, Chairman of the Judicial Merit Selection Commission.

The PRESIDENT announced that nominations were in order for the Chief Justice of the Supreme Court.
Rep. DELLENEY, on behalf of the Judicial Merit Selection Commission, stated that the Honorable Jean Hoefer Toal had been screened, found qualified and placed her name in nomination.
On motion of Rep. DELLENEY, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the Honorable Jean Hoefer Toal was duly elected for the term prescribed by law.

The PRESIDENT announced that nominations were in order for a Judge of the Court of Appeals, Seat 9.
Rep. DELLENEY, on behalf of the Judicial Merit Selection Commission, stated that the Honorable Ralph King Anderson, Jr. had been screened, found qualified and placed his name in nomination.
On motion of Rep. DELLENEY, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the Honorable Ralph King Anderson, Jr. was duly elected for the term prescribed by law.

The PRESIDENT announced that nominations were in order for a Circuit Court Judge, First Judicial Circuit, Seat 1.
Rep. DELLENEY, on behalf of the Judicial Merit Selection Commission, stated that the Honorable James C. Williams, Jr. had been screened, found qualified and placed his name in nomination.
On motion of Rep. DELLENEY, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the Honorable James C. Williams, Jr. was duly elected for the term prescribed by law.

The PRESIDENT announced that nominations were in order for a Circuit Court Judge, First Judicial Circuit, Seat 2.
Rep. DELLENEY, on behalf of the Judicial Merit Selection Commission, stated that the Honorable Diane Schafer Goodstein had been screened, found qualified and placed her name in nomination.
On motion of Rep. DELLENEY, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the Honorable Diane Schafer Goodstein was duly elected for the term prescribed by law.

The PRESIDENT announced that nominations were in order for a Circuit Court Judge, First Judicial Circuit, Seat 1.
Rep. DELLENEY, on behalf of the Judicial Merit Selection Commission, stated that the Honorable Thomas W. Cooper, Jr. had been screened, found qualified and placed his name in nomination.
On motion of Rep. DELLENEY, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the Honorable Thomas W. Cooper, Jr. was duly elected for the term prescribed by law.

The PRESIDENT announced that nominations were in order for a Circuit Court Judge, Fourth Judicial Circuit, Seat 1.
Rep. DELLENEY, on behalf of the Judicial Merit Selection Commission, stated that the Honorable Paul M. Burch had been screened, found qualified and placed his name in nomination.
On motion of Rep. DELLENEY, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the Honorable Paul M. Burch was duly elected for the term prescribed by law.

The PRESIDENT announced that nominations were in order for a Circuit Court Judge, Sixth Judicial Circuit, Seat 1.
Rep. DELLENEY, on behalf of the Judicial Merit Selection Commission, stated that the Honorable Paul E. Short, Jr. had been screened, found qualified and placed his name in nomination.
On motion of Rep. DELLENEY, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the Honorable Paul E. Short, Jr. was duly elected for the term prescribed by law.

The PRESIDENT announced that nominations were in order for a Circuit Court Judge, Eighth Judicial Circuit, Seat 1.
Rep. DELLENEY, on behalf of the Judicial Merit Selection Commission, stated that the Honorable Wyatt T. Saunders, Jr. had been screened, found qualified and placed his name in nomination.
On motion of Rep. DELLENEY, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the Honorable Wyatt T. Saunders, Jr. was duly elected for the term prescribed by law.

The PRESIDENT announced that nominations were in order for a Circuit Court Judge, Fifteenth Judicial Circuit, Seat 1.
Rep. DELLENEY, on behalf of the Judicial Merit Selection Commission, stated that the Honorable Steven H. John had been screened, found qualified and placed his name in nomination.
On motion of Rep. DELLENEY, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the Honorable Steven H. John was duly elected for the term prescribed by law.

The PRESIDENT announced that nominations were in order for a Circuit Court Judge, Sixteenth Judicial Circuit, Seat 1.
Rep. DELLENEY, on behalf of the Judicial Merit Selection Commission, stated that the Honorable John C. Hayes III had been screened, found qualified and placed his name in nomination.
On motion of Rep. DELLENEY, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the Honorable John C. Hayes III was duly elected for the term prescribed by law.

The PRESIDENT announced that nominations were in order for a Circuit Court Judge, Sixteenth Judicial Circuit, Seat 2.
Rep. DELLENEY, on behalf of the Judicial Merit Selection Commission, stated that the Honorable Lee S. Alford had been screened, found qualified and placed his name in nomination.
On motion of Rep. DELLENEY, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the Honorable Lee S. Alford was duly elected for the term prescribed by law.

The PRESIDENT announced that nominations were in order for a Family Court Judge, First Judicial Circuit, Seat 2.
Rep. DELLENEY, on behalf of the Judicial Merit Selection Commission, stated that the Honorable William J. Wylie, Jr. had been screened, found qualified and placed his name in nomination.
On motion of Rep. DELLENEY, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the Honorable William J. Wylie, Jr. was duly elected for the term prescribed by law.

The PRESIDENT announced that nominations were in order for a Family Court Judge, First Judicial Circuit, Seat 3.
Rep. DELLENEY, on behalf of the Judicial Merit Selection Commission, stated that the Honorable Nancy Chapman McLin had been screened, found qualified and placed her name in nomination.
On motion of Rep. DELLENEY, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the Honorable Nancy Chapman McLin was duly elected for the term prescribed by law.

The PRESIDENT announced that nominations were in order for a Family Court Judge, Second Judicial Circuit, Seat 1.
Rep. DELLENEY, on behalf of the Judicial Merit Selection Commission, stated that the Honorable Peter R. Nuessle had been screened, found qualified and placed his name in nomination.
On motion of Rep. DELLENEY, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the Honorable Peter R. Nuessle was duly elected for the term prescribed by law.

The PRESIDENT announced that nominations were in order for a Family Court Judge, Third Judicial Circuit, Seat 1.
Rep. DELLENEY, on behalf of the Judicial Merit Selection Commission, stated that the Honorable George M. McFaddin, Jr. had been screened, found qualified and placed his name in nomination.
On motion of Rep. DELLENEY, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the Honorable George M. McFaddin, Jr. was duly elected for the term prescribed by law.

The PRESIDENT announced that nominations were in order for a Family Court Judge, Fourth Judicial Circuit, Seat 1.
Rep. DELLENEY, on behalf of the Judicial Merit Selection Commission, stated that the Honorable Roger E. Henderson had been screened, found qualified and placed his name in nomination.
On motion of Rep. DELLENEY, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the Honorable Roger E. Henderson was duly elected for the term prescribed by law.

The PRESIDENT announced that nominations were in order for a Family Court Judge, Fifth Judicial Circuit, Seat 1.
Rep. DELLENEY, on behalf of the Judicial Merit Selection Commission, stated that the Honorable H. Bruce Williams had been screened, found qualified and placed his name in nomination.
On motion of Rep. DELLENEY, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the Honorable H. Bruce Williams was duly elected for the term prescribed by law.

The PRESIDENT announced that nominations were in order for a Family Court Judge, First Judicial Circuit, Seat 2.
Rep. DELLENEY, on behalf of the Judicial Merit Selection Commission, stated that the Honorable William J. Wylie, Jr. had been screened, found qualified and placed his name in nomination.
On motion of Rep. DELLENEY, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the Honorable William J. Wylie, Jr. was duly elected for the term prescribed by law.

The PRESIDENT announced that nominations were in order for a Family Court Judge, Fifth Judicial Circuit, Seat 1.
Rep. DELLENEY, on behalf of the Judicial Merit Selection Commission, stated that the Honorable Donna S. Strom had been screened, found qualified and placed her name in nomination.
On motion of Rep. DELLENEY, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the Honorable Donna S. Strom was duly elected for the term prescribed by law.

The PRESIDENT announced that nominations were in order for a Family Court Judge, Seventh Judicial Circuit, Seat 3.
Rep. DELLENEY, on behalf of the Judicial Merit Selection Commission, stated that the Honorable Wesley L. Brown had been screened, found qualified and placed his name in nomination.
On motion of Rep. DELLENEY, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the Honorable Wesley L. Brown was duly elected for the term prescribed by law.

The PRESIDENT announced that nominations were in order for a Family Court Judge, Eighth Judicial Circuit, Seat 2.
Rep. DELLENEY, on behalf of the Judicial Merit Selection Commission, stated that the Honorable John M. Rucker had been screened, found qualified and placed his name in nomination.
On motion of Rep. DELLENEY, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the Honorable John M. Rucker was duly elected for the term prescribed by law.

The PRESIDENT announced that nominations were in order for a Family Court Judge, Ninth Judicial Circuit, Seat 1.
Rep. DELLENEY, on behalf of the Judicial Merit Selection Commission, stated that the Honorable Francis P. Segars-Andrews had been screened, found qualified and placed her name in nomination.
On motion of Rep. DELLENEY, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the Honorable Francis P. Segars-Andrews was duly elected for the term prescribed by law.

The PRESIDENT announced that nominations were in order for a Family Court Judge, First Judicial Circuit, Seat 1.
Rep. DELLENEY, on behalf of the Judicial Merit Selection Commission, stated that the Honorable Judy Cone Bridges had been screened, found qualified and placed her name in nomination.
On motion of Rep. DELLENEY, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the Honorable Judy Cone Bridges was duly elected for the term prescribed by law.

The PRESIDENT announced that nominations were in order for a Family Court Judge, Ninth Judicial Circuit, Seat 6.
Rep. DELLENEY, on behalf of the Judicial Merit Selection Commission, stated that the Honorable Jack A. Landis had been screened, found qualified and placed his name in nomination.
On motion of Rep. DELLENEY, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the Honorable Jack A. Landis was duly elected for the term prescribed by law.

The PRESIDENT announced that nominations were in order for a Family Court Judge, Tenth Judicial Circuit, Seat 2.
Rep. DELLENEY, on behalf of the Judicial Merit Selection Commission, stated that the Honorable Timothy M. Cain had been screened, found qualified and placed his name in nomination.
On motion of Rep. DELLENEY, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the Honorable Timothy M. Cain was duly elected for the term prescribed by law.

The PRESIDENT announced that nominations were in order for a Family Court Judge, Eleventh Judicial Circuit, Seat 1.
Rep. DELLENEY, on behalf of the Judicial Merit Selection Commission, stated that the Honorable Kellum W. Allen had been screened, found qualified and placed his name in nomination.
On motion of Rep. DELLENEY, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the Honorable Kellum W. Allen was duly elected for the term prescribed by law.

The PRESIDENT announced that nominations were in order for a Family Court Judge, Thirteenth Judicial Circuit, Seat 1.
Rep. DELLENEY, on behalf of the Judicial Merit Selection Commission, stated that the Honorable Aphrodite K. Konduros had been screened, found qualified and placed her name in nomination.
Rep. DAVENPORT wished to be recorded as voting no.
On motion of Rep. DELLENEY, nominations were closed, the vote was taken, resulting in the election of the nominee.
Whereupon, the Honorable Aphrodite K. Konduros was duly elected for the term prescribed by law.

The PRESIDENT announced that nominations were in order for a Family Court Judge, Thirteenth Judicial Circuit, Seat 4.
Rep. DELLENEY, on behalf of the Judicial Merit Selection Commission, stated that the Honorable Alvin D. Johnson had been screened, found qualified and placed his name in nomination.
On motion of Rep. DELLENEY, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the Honorable Alvin D. Johnson was duly elected for the term prescribed by law.

The PRESIDENT announced that nominations were in order for a Family Court Judge, Thirteenth Judicial Circuit, Seat 6.
Rep. DELLENEY, on behalf of the Judicial Merit Selection Commission, stated that the Honorable Timothy L. Brown had been screened, found qualified and placed his name in nomination.
On motion of Rep. DELLENEY, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the Honorable Timothy L. Brown was duly elected for the term prescribed by law.

The PRESIDENT announced that nominations were in order for a Family Court Judge, Fourteenth Judicial Circuit, Seat 2.
Rep. DELLENEY, on behalf of the Judicial Merit Selection Commission, stated that the Honorable Jane Dowling Fender had been screened, found qualified and placed her name in nomination.
On motion of Rep. DELLENEY, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the Honorable Jane Dowling Fender was duly elected for the term prescribed by law.

The PRESIDENT announced that nominations were in order for a Family Court Judge, First Judicial Circuit, Seat 2.
Rep. DELLENEY, on behalf of the Judicial Merit Selection Commission, stated that the Honorable William J. Wylie, Jr. had been screened, found qualified and placed his name in nomination.
On motion of Rep. DELLENEY, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the Honorable William J. Wylie, Jr. was duly elected for the term prescribed by law.

The PRESIDENT announced that nominations were in order for a Family Court Judge, Fifteenth Judicial Circuit, Seat 2.
Rep. DELLENEY, on behalf of the Judicial Merit Selection Commission, stated that the Honorable Lisa A. Kinon had been screened, found qualified and placed her name in nomination.
On motion of Rep. DELLENEY, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the Honorable Lisa A. Kinon was duly elected for the term prescribed by law.

The PRESIDENT announced that nominations were in order for a Family Court Judge, Sixteenth Judicial Circuit, Seat 1.
Rep. DELLENEY, on behalf of the Judicial Merit Selection Commission, stated that the Honorable Robert E. Guess had been screened, found qualified and placed his name in nomination.
On motion of Rep. DELLENEY, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the Honorable Robert E. Guess was duly elected for the term prescribed by law.

The PRESIDENT announced that nominations were in order for the Chief Judge, Administrative Law Judges.
Rep. DELLENEY, on behalf of the Judicial Merit Selection Commission, stated that the Honorable Marvin F. Kittrell had been screened, found qualified and placed his name in nomination.
On motion of Rep. DELLENEY, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the Honorable Marvin F. Kittrell was duly elected for the term prescribed by law.

The PRESIDENT announced that nominations were in order for a Circuit Court Judge, Second Judicial Circuit, Seat 1.
Rep. DELLENEY, on behalf of the Judicial Merit Selection Commission, stated that the following candidates had been screened and found qualified: Doyet A. "Jack" Early III and Clarke W. McCants III.
Rep. DELLENEY stated that Clarke W. McCants III had withdrawn from the race, and placed the name of the remaining candidate, Doyet A. "Jack" Early III in nomination.
On motion of Rep. DELLENEY, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the Honorable Doyet A. "Jack" Early III was duly elected for the term prescribed by law.

The PRESIDENT announced that nominations were in order for a Circuit Court Judge, Seventh Judicial Circuit, Seat 2.
Rep. DELLENEY, on behalf of the Judicial Merit Selection Commission, stated that the following candidates had been screened and found qualified: Barry J. Barnette and Roger L. Couch.
Rep. DELLENEY stated that Barry J. Barnette had withdrawn from the race, and placed the name of the remaining candidate, Roger L. Couch in nomination.
On motion of Rep. DELLENEY, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the Honorable Roger L. Couch was duly elected for the term prescribed by law.

The PRESIDENT announced that nominations were in order for a Circuit Court Judge, Thirteenth Judicial Circuit, Seat 1.

The PRESIDENT announced that nominations were in order for a Circuit Court Judge, Thirteenth Judicial Circuit, Seat 4.
Rep. DELLENEY, on behalf of the Judicial Merit Selection Commission, stated that the following candidates had been screened and found qualified: Eric K. Englebardt, D. Garrison Hill, and David W. Holmes.
Rep. DELLENEY stated that Eric K. Englebardt and David W. Holmes had withdrawn from the race, and placed the name of the remaining candidate, D. Garrison Hill in nomination.
On motion of Rep. DELLENEY, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the Honorable D. Garrison Hill was duly elected for the term prescribed by law.

The PRESIDENT announced that nominations were in order for a Family Court Judge, Twelfth Judicial Circuit, Seat 3.
Rep. DELLENEY, on behalf of the Judicial Merit Selection Commission, stated that the following candidates had been screened and found qualified: Frederick A. "Rick" Hoefer II and Jerry D. "Jay" Vinson, Jr.

The PRESIDENT announced that nominations were open for three members of the Employment Security Commission.
Senator J. V. Smith, Chairman of the Joint Screening Committee, stated that the following candidates were screened and found qualified: J. William McLeod, Becky R. Martin, Rebecca Davis Richardson and McKinley Washington, Jr.
Sen. J. V. Smith stated that Becky R. Martin had withdrawn from the race, and placed the names of the remaining candidates, J. William McLeod, Rebecca Davis Richardson and McKinley Washington, Jr. in nomination.
On motion of Sen. J. V. Smith, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominees.
Whereupon, J. William McLeod, Rebecca Davis Richardson and McKinley Washington, Jr., were duly elected for the term prescribed by law.

The purposes of the Joint Assembly having been accomplished, the PRESIDENT announced that under the terms of the Concurrent Resolution the Joint Assembly would recede from business.
The Senate accordingly retired to its Chamber.

At 12:35 p.m. the House resumed, the SPEAKER in the Chair.

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

The Senate returned to the House with concurrence the following:

H. 4659 (Word version) -- Reps. Huggins and Quinn: A CONCURRENT RESOLUTION TO CONGRATULATE THE MUNGO COMPANY ON ITS FIFTIETH ANNIVERSARY OF PROVIDING QUALITY HOUSING TO THOUSANDS OF SOUTH CAROLINA FAMILIES, TO COMMEND MICHAEL J. MUNGO FOR HIS EXTRAORDINARY VISION, COMMITMENT, AND DEDICATED SERVICE TO THE CITIZENS AND STATE OF SOUTH CAROLINA, AND TO WISH THE MUNGO COMPANY CONTINUED SUCCESS IN ALL ITS FUTURE ENDEAVORS.

At 12:35 p.m. the House, in accordance with the motion of Rep. SCARBOROUGH, adjourned in memory of Lee Wesley Westbury of Folly Beach, grandfather of Lieutenant Governor André Bauer, to meet at 10:00 a.m. tomorrow.

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