Indicates Matter Stricken
Indicates New Matter

The House assembled at 10:00 a.m.
Deliberations were opened with prayer by Rev. Charles E. Seastrunk, Jr. as follows:

Our thought for today is from Proverbs 4:13: "Hold on to instruction, do not let it go; guard it well, for it is your life."
Let us pray Lord God, You have blessed us with minds to comprehend what You desire of us. Now may we be able to discern what You expect of these representatives of Your people. Bless our State and Nation. Keep our defenders of freedom in Your everlasting care. Hear us 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 PRO TEMPORE.

After corrections to the Journal of the proceedings of yesterday, the SPEAKER PRO TEMPORE ordered it confirmed.

Rep. MCCRAW moved that when the House adjourns, it adjourn in memory of The Honorable W. R. "Bobby" Douglas, probate judge of Gaffney, which was agreed to.

Document No. 2828
Agency:   Department of Labor, Licensing and Regulation, Contractors' Licensing Board
Statutory Authority: 1976 Code Section 40-11-60
Burglar Alarm Systems
Received by Speaker of the House of Representatives
April 16, 2003
Referred to Labor, Commerce and Industry Committee
Legislative Review Expiration August 14, 2003
Withdrawn and Resubmitted April 04, 2004

Rep. HARVIN, from the Clarendon Delegation, submitted a favorable report on:

S. 481 (Word version) -- Senator Land: A BILL TO AUTHORIZE THE BOARD OF TRUSTEES FOR SCHOOL DISTRICT 1 OF 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 CONSEQUENCE OF REDUCTIONS IN STATE APPROPRIATIONS.
Ordered for consideration tomorrow.

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

H. 4707 (Word version) -- Rep. Hayes: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAYS MISSED ON JANUARY 26, 27, AND 28, 2004, BY THE STUDENTS OF DILLON COUNTY SCHOOL DISTRICT NOS. 1, 2, AND 3 WHEN THE SCHOOLS WERE CLOSED DUE TO SNOW, ICE, OR INCLEMENT WEATHER CONDITIONS ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
On motion of Rep. HAYES, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.

H. 4709 (Word version) -- Reps. Bailey and Chellis: A BILL TO AMEND SECTION 12-21-4070, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT THAT FOR ANY BINGO LICENSE TO BE ISSUED THE ORGANIZATION, PROMOTER, OR INDIVIDUAL MUST HAVE BEEN DOMICILED IN THIS STATE FOR AT LEAST THREE YEARS OR, IN THE CASE OF AN ORGANIZATION, TO HAVE BEEN ACTIVE IN THIS STATE FOR AT LEAST THREE YEARS, SO AS TO REDUCE THE MINIMUM TIME FOR AN ORGANIZATION TO HAVE BEEN ACTIVE IN THIS STATE FROM AT LEAST THREE TO AT LEAST TWO YEARS.
On motion of Rep. BAILEY, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

The following was introduced:

H. 4710 (Word version) -- Rep. Clyburn: A HOUSE RESOLUTION TO RECOGNIZE AND HONOR RUTH WILLIAMS ASHE FOR HER EXTRAORDINARY SERVICE AND LIFETIME COMMITMENT

The Resolution was adopted.

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

Allen                  Altman                 Anthony
Bailey                 Bales                  Barfield
Battle                 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                   Gourdine               Govan
Hagood                 Harrell                Harrison
Hayes                  Herbkersman            J. Hines
M. Hines               Hinson                 Hosey
Howard                 Huggins                Jennings
Keegan                 Kennedy                Kirsh
Koon                   Leach                  Littlejohn
Lloyd                  Loftis                 Lourie
Lucas                  Mack                   Mahaffey
McCraw                 McGee                  McLeod
Merrill                J. M. Neal             Neilson
Owens                  Parks                  Perry
Pinson                 E. H. Pitts            M. A. Pitts
Rhoad                  Rice                   Richardson
Rivers                 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                  Weeks                  White
Whitmire               Witherspoon            Young

I came in after the roll call and was present for the Session on Thursday, February 5.

Robert Walker                     H.B. "Chip" Limehouse
Kenny Bingham                     Harry Ott
Glenn Hamilton                    Bessie Moody-Lawrence
Vida Miller                       Becky Martin
Todd Rutherford                   Brenda Lee
Gloria Haskins                    Alex Harvin
Seth Whipper                      Joseph Neal

The SPEAKER PRO TEMPORE granted Rep. PHILLIPS a leave of absence due to illness.

The SPEAKER PRO TEMPORE granted Rep. WILKINS a leave of absence.

The SPEAKER PRO TEMPORE granted Rep. GILHAM a leave of absence for the day.

Rep. FREEMAN presented to the House the Central High School "Eagles" Football Team, the 2003 Class AA Champions, their coaches and other school officials.

Announcement was made that Dr. S. Nelson Weston of Columbia is the Doctor of the Day for the General Assembly.

In accordance with House Rule 5.2 below:
"5.2   Every bill before presentation shall have its title endorsed; every report, its title at length; every petition, memorial, or other paper, its prayer or substance; and, in every instance, the name of the member presenting any paper shall be endorsed and the papers shall be presented by the member to the Speaker at the desk. 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. 4658 (Word version)
Date:   ADD:
02/05/04   COOPER

Bill Number:   H. 4658 (Word version)
Date:   ADD:
02/05/04   MCGEE

Bill Number:   H. 4658 (Word version)
Date:   ADD:
02/05/04   KOON

Bill Number:   H. 4658 (Word version)
Date:   ADD:
02/05/04   SIMRILL

Bill Number:   H. 3689 (Word version)
Date:   ADD:
02/05/04   HARRELL

Bill Number:   H. 3689 (Word version)
Date:   ADD:
02/05/04   LITTLEJOHN

Bill Number:   H. 3689 (Word version)
Date:   ADD:
02/05/04   J. E. SMITH

Bill Number:   H. 3689 (Word version)
Date:   ADD:
02/05/04   SANDIFER

Bill Number:   H. 3689 (Word version)
Date:   ADD:
02/05/04   SCOTT

Bill Number:   H. 3689 (Word version)
Date:   ADD:
02/05/04   DELLENEY

Bill Number:   H. 3689 (Word version)
Date:   ADD:
02/05/04   TROTTER

Bill Number:   H. 3689 (Word version)
Date:   ADD:
02/05/04   J. R. SMITH

Bill Number:   H. 3689 (Word version)
Date:   ADD:
02/05/04   TRIPP

Bill Number:   H. 4674 (Word version)
Date:   ADD:
02/05/04   HAYES

Bill Number:   H. 4674 (Word version)
Date:   ADD:
02/05/04   ANTHONY

Bill Number:   H. 4674 (Word version)
Date:   ADD:
02/05/04   BRANHAM

Bill Number:   H. 4674 (Word version)
Date:   ADD:
02/05/04   M. HINES

Bill Number:   H. 4674 (Word version)
Date:   ADD:
02/05/04   J. HINES

Bill Number:   H. 4674 (Word version)
Date:   ADD:
02/05/04   HARRELL

Bill Number:   H. 4674 (Word version)
Date:   ADD:
02/05/04   G. BROWN

Bill Number:   H. 4674 (Word version)
Date:   ADD:
02/05/04   J. M. NEAL

Bill Number:   H. 4674 (Word version)
Date:   ADD:
02/05/04   HUGGINS

Bill Number:   H. 4674 (Word version)
Date:   ADD:
02/05/04   WEEKS

Bill Number:   H. 4453 (Word version)
Date:   ADD:
02/05/04   MCLEOD

Bill Number:   H. 3653 (Word version)
Date:   ADD:
02/05/04   MILLER

Bill Number:   H. 3400 (Word version)
Date:   ADD:
02/05/04   MCLEOD

Bill Number:   H. 4354 (Word version)
Date:   ADD:
02/05/04   MILLER

Bill Number:   H. 4556 (Word version)
Date:   ADD:
02/05/04   HARVIN

Bill Number:   H. 4446 (Word version)
Date:   ADD:
02/05/04   TOWNSEND

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

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 WHEN THE SCHOOL WAS CLOSED DUE TO SNOW, ICE, OR INCLEMENT WEATHER CONDITIONS IS EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.

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 ENFORCEMENT OFFICER MAY RECOVER A CHILD WHOM HE BELIEVES HAS BEEN TAKEN OR IS BEING WITHHELD FROM HIS LEGAL CUSTODIAN, AND TO PROVIDE A PENALTY FOR A PERSON WHO KNOWINGLY GIVES FALSE INFORMATION TO A LAW ENFORCEMENT OFFICER DURING THE COURSE OF A DISPUTE INVOLVING THE CUSTODY OF A CHILD.

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. 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 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.

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

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.

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 CONSEQUENCE OF REDUCTIONS IN STATE APPROPRIATIONS.

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 IMPROVEMENT BOND AUTHORIZATION FOR USC-SPARTANBURG MAY BE USED.

Rep. LITTLEJOHN explained the Bill.

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

Rep. CATO explained the Bill.

The purpose of the Bill is to alter the legal powers of electric cooperatives so as to remove the present limitation on service rights of cooperatives outside of rural areas while at the same time protecting the service rights of IOUs and municipally-owned electrical utilities ("electric cities"). The Bill would: (1) eliminate the concept of "rural areas" in connection with the service rights of cooperatives; (2) change the name "rural electrical cooperative" to "electric cooperative;" (3)

On motion of Rep. FREEMAN, with unanimous consent, it was ordered that H. 4695 (Word version) be read the third time tomorrow.

On motion of Rep. RHOAD, with unanimous consent, it was ordered that H. 4700 (Word version) be read the third time tomorrow.

On motion of Rep. SCOTT, with unanimous consent, it was ordered that H. 4702 (Word version) be read the third time tomorrow.

On motion of Rep. CATO, with unanimous consent, it was ordered that S. 844 (Word version) be read the third time tomorrow.

On motion of Rep. SCOTT, with unanimous consent, it was ordered that H. 4645 (Word version) be read the third time tomorrow.

The following Bill was read the third time, passed and, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification:

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 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

Reps. TOWNSEND, RICE, OWENS, STEWART, D. C. SMITH, MOODY-LAWRENCE, KIRSH, RICHARDSON, HAMILTON, MILLER, VIERS, J. R. SMITH, SKELTON, TROTTER, J. E. SMITH, LOURIE, COBB-HUNTER, STILLE, NEILSON, DUNCAN, TAYLOR and PINSON requested debate on the Bill.

The following Bill was taken up:

H. 4453 (Word version) -- Reps. Sheheen, Jennings, Altman and McLeod: 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.

Rep. TRIPP 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 PRO TEMPORE sustained the Point of Order.

The following Bill was taken up:

H. 4354 (Word version) -- Reps. Hagood, Littlejohn, Young, Chellis, Lourie and Miller: 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.

Rep. WHITE 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 PRO TEMPORE sustained the Point of Order.

The following Bill was taken up:

H. 3400 (Word version) -- Reps. M. A. Pitts, Taylor and McLeod: 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.

Rep. DELLENEY explained the Bill.

Rep. J. E. SMITH made the Point of Order that the Bill was improperly before the House for consideration since its number and

The following Bill was taken up:

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.

Rep. CLEMMONS 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 PRO TEMPORE sustained the Point of Order.

The following Bill was taken up:

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 ANESTHESIOLOGIST" BY ADDING THE AMERICAN OSTEOPATHIC ASSOCIATION AS A RECOGNIZED ENTITY FOR APPROVAL OF ANESTHESIOLOGY PROGRAMS; TO AMEND SECTION 40-47-1240, RELATING TO THE LICENSURE

Rep. J. BROWN 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 PRO TEMPORE sustained the Point of Order.

The following Bill was taken up:

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

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\PT\1850MM04), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting clause and inserting:
/ SECTION   1.   Chapter 5, Title 39 of the 1976 Code is amended by adding:

"Section 39-5-38.   (A)   For purposes of this section:

(1)   'performing person or group' means a vocal or instrumental performer seeking to use the name of another person or group that has previously produced or released, or both, a commercial recording; and

(2)   'recording person or group' means a vocal or instrumental performer that has previously produced or released, or both, a commercial recording.

(B)   It is an unlawful trade practice pursuant to Section 39-5-20 to advertise a live musical performance or production in South Carolina through the use of a false, deceptive, or misleading affiliation, connection, or association between the performing person or group with a recording person or group.

(C)   The advertisement of a live musical performance does not violate subsection (B) if the:

(1)   performing person or at least one member of the performing group was a member of the recording person or group;

(2)   live musical performance or production is identified as a 'salute' or 'tribute' to, and is otherwise unaffiliated with, the recording person or group;

(3)   advertising does not relate to a live musical performance taking place in South Carolina; or

(4)   performance is expressly authorized in the advertising by the recording person or group."
SECTION   2.   The penalties and remedies provided in this act are cumulative of and in addition to other provisions of law.
SECTION   3.   This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.

Rep. SINCLAIR 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. SINCLAIR, with unanimous consent, it was ordered that H. 3636 (Word version) be read the third time tomorrow.

Rep. SCOTT asked unanimous consent to recall H. 3145 (Word version) from the Committee on Ways and Means.
Rep. ALTMAN objected.

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

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 CHECK WITHIN SEVEN DAYS OF EMPLOYING OR CONTRACTING WITH A DIRECT CAREGIVER, TO REQUIRE EMPLOYMENT AGENCIES PLACING DIRECT CAREGIVERS TO HAVE SUCH CHECKS CONDUCTED AND TO MAINTAIN A RECORD OF THE RESULTS OF THE CHECK AT THE EMPLOYMENT AGENCY, TO DELETE FACULTY AND STUDENTS IN EDUCATIONAL PROGRAMS IN DIRECT CARE

The following Concurrent Resolution was taken up:

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".

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

That the members of the General Assembly of the State of South Carolina 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".

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

Rep. LEACH explained the Resolution.

The Concurrent Resolution was adopted and sent to the Senate.

The following Concurrent Resolution was taken up:

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.

Rep. MCLEOD moved to adjourn debate on the Resolution until Tuesday, February 10, which was agreed to.

The following Concurrent Resolution was taken up:

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".

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

That the members of the South Carolina General Assembly 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

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

Rep. SCARBOROUGH explained the Resolution.

The Concurrent Resolution was adopted and sent to the Senate.

Rep. J. BROWN 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. 3479 (Word version) -- Rep. Davenport: A CONCURRENT RESOLUTION TO MEMORIALIZE THE CONGRESS OF THE UNITED STATES TO RESCIND THE DECISIONS TO JOIN THE NORTH AMERICAN FREE TRADE AGREEMENT AND THE GENERAL AGREEMENT ON TARIFFS AND TRADE.
Ordered for consideration tomorrow.

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

H. 4503 (Word version) -- Reps. J. R. Smith, D. C. Smith and Stewart: A CONCURRENT RESOLUTION TO MEMORIALIZE THE UNITED STATES HOUSE OF REPRESENTATIVES TO ENACT H.RES. 103 WHICH ESTABLISHES A SELECT COMMITTEE ON POW AND MIA AFFAIRS IN THE UNITED STATES HOUSE OF REPRESENTATIVES.
Ordered for consideration tomorrow.

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

H. 4705 (Word version) -- Rep. Lloyd: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO

The following was introduced:

H. 4711 (Word version) -- Rep. Davenport: A HOUSE RESOLUTION EXPRESSING THE APPRECIATION OF THE MEMBERS OF THE HOUSE OF REPRESENTATIVES FOR THE OUTSTANDING COMMUNITY SERVICE OF MR. KENNETH L. TONEY OF SPARTANBURG COUNTY.

The Resolution was adopted.

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

H. 4712 (Word version) -- Rep. Quinn: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 43-31-170 SO AS TO PROVIDE TRAINING AND EXPERIENCE REQUIREMENTS THAT A COUNSELOR FOR THE STATE AGENCY OF VOCATIONAL REHABILITATION SHALL MEET.
Referred to Committee on Medical, Military, Public and Municipal Affairs

H. 4713 (Word version) -- Reps. G. M. Smith, Weeks and Coates: A BILL TO AMEND ACT 797 OF 1988, RELATING TO THE VOCATIONAL EDUCATION SCHOOL FOR SUMTER COUNTY, SO AS TO ADD A VOTING MEMBER TO THE CAREER CENTER BOARD OF TRUSTEES.
On motion of Rep. G. M. SMITH, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

H. 4714 (Word version) -- Rep. Huggins: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-

The following was introduced:

H. 4715 (Word version) -- Reps. Bowers, Allen, Altman, Anthony, Bailey, Bales, Barfield, Battle, Bingham, 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, 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, Vaughn, Viers, Walker, Weeks, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A HOUSE RESOLUTION TO EXTEND THE CONGRATULATIONS OF THE MEMBERS OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE COLLETON PREPARATORY ACADEMY "WAR HAWKS" FOOTBALL TEAM OF COLLETON COUNTY ON ITS VICTORY IN THE 2003 SOUTH CAROLINA INDEPENDENT SCHOOLS ASSOCIATION CLASS AA STATE CHAMPIONSHIP GAME.

The Resolution was adopted.

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

H. 4716 (Word version) -- Reps. Bowers, Allen, Altman, Anthony, Bailey, Bales, Barfield, Battle, Bingham, 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, 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, Vaughn, Viers, Walker, Weeks, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE COLLETON PREPARATORY ACADEMY "WAR HAWKS" FOOTBALL TEAM OF COLLETON COUNTY, HEAD COACH BROCK MILLER, AND OTHER SCHOOL OFFICIALS, ON WEDNESDAY, FEBRUARY 25, 2004, AT A TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF BEING RECOGNIZED AND CONGRATULATED ON THEIR COLLABORATIVE EFFORTS AND HARD WORK IN CAPTURING THE SOUTH CAROLINA INDEPENDENT SCHOOLS ASSOCIATION 2003 CLASS AA STATE FOOTBALL CHAMPIONSHIP TITLE.

Be it resolved by the House of Representatives:

That the privilege of the floor of the South Carolina House of Representatives is extended to the Colleton Preparatory Academy "War Hawks" Football Team of Colleton County, Head Coach Brock Miller, and other school officials, on Wednesday, February 25, 2004, at a time to be determined by the Speaker, for the purpose of being recognized

The Resolution was adopted.

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

The Senate returned to the House with concurrence the following:

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 WHO WAS THE PERSON MOST INSTRUMENTAL IN THE BUILDING OF THE CHAPEL.

H. 4618 (Word version) -- Reps. Wilkins, 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, 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, Vaughn, Viers, Walker, Weeks, Whipper, White, Whitmire, Witherspoon and Young: A CONCURRENT RESOLUTION TO RECOGNIZE THE MANY OUTSTANDING MUNICIPAL

H. 4620 (Word version) -- Reps. McGee, 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, 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, Vaughn, Viers, Walker, Weeks, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A CONCURRENT RESOLUTION TO AUTHORIZE PALMETTO BOYS STATE TO USE THE CHAMBERS OF THE HOUSE OF REPRESENTATIVES AND THE SENATE ON FRIDAY, JUNE 11, 2004.

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,

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, 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 CONCURRENT RESOLUTION TO CONGRATULATE AND COMMEND WILLIAM BURKE WATSON, SR., OF SUMTER ON RECEIVING THE PRESTIGIOUS 2003 SUMTER YMCA HUMANITARIAN OF THE YEAR AWARD HONORING HIS DEDICATION AND SERVICE TO THE YMCA AND OTHER COMMUNITY ORGANIZATIONS.

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,

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.

At 10:55 a.m. the House, in accordance with the motion of Rep. MCCRAW, adjourned in memory of The Honorable W. R. "Bobby" Douglas, probate judge of Gaffney, to meet at 10:00 a.m. tomorrow.

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