South Carolina General Assembly
115th Session, 2003-2004
Journal of the Senate

Wednesday, February 4, 2004
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 11:45 A.M., the hour to which it stood adjourned, and was called to order by the PRESIDENT.

A quorum being present, the proceedings were opened with a devotion by Senator J. VERNE SMITH.

RECESS

At 11:50 A.M., on motion of Senator LEVENTIS, the Senate receded from business for the purpose of attending the Joint Assembly.

JOINT ASSEMBLY
Judicial Elections

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:

S. 824 (Word version) -- Senators McConnell, Moore, Ritchie, J. Verne 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 30, 2004; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT FOR THE FIRST JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 2004; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT FOR THE FIRST JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 2004; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT FOR THE SECOND JUDICIAL CIRCUIT, SEAT 1, TO FILL THE UNEXPIRED TERM, WHICH EXPIRES JUNE 30, 2004, AND THE SUBSEQUENT TERM; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT FOR THE THIRD JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 2004; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT FOR THE FOURTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 2004; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT FOR THE SIXTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 2004; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT FOR THE SEVENTH JUDICIAL CIRCUIT, SEAT 2, TO FILL THE UNEXPIRED TERM, WHICH EXPIRES JUNE 30, 2006; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT FOR THE EIGHTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 2004; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT FOR THE THIRTEENTH JUDICIAL CIRCUIT, SEAT 1, TO FILL THE UNEXPIRED TERM, WHICH EXPIRES JUNE 30, 2004, AND THE SUBSEQUENT TERM; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT FOR THE THIRTEENTH JUDICIAL CIRCUIT, SEAT 4, TO FILL THE UNEXPIRED TERM, WHICH EXPIRES JUNE 30, 2004, AND THE SUBSEQUENT TERM; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT FOR THE FIFTEENTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 2004; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT FOR THE SIXTEENTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 2004; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT FOR THE SIXTEENTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 2004; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT FOR THE FIRST JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 2004; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT FOR THE FIRST JUDICIAL CIRCUIT, SEAT 3, WHOSE TERM EXPIRES JUNE 30, 2004; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT FOR THE SECOND JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 2004; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT FOR THE THIRD JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 2004; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT FOR THE FOURTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 2004; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT FOR THE FIFTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 2004; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT FOR THE FIFTH JUDICIAL CIRCUIT, SEAT 4, WHOSE TERM EXPIRES JUNE 30, 2004; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT FOR THE SEVENTH JUDICIAL CIRCUIT, SEAT 3, WHOSE TERM EXPIRES JUNE 30, 2004; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT FOR THE EIGHTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 2004; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT FOR THE NINTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 2004; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT FOR THE NINTH JUDICIAL CIRCUIT, SEAT 3, WHOSE TERM EXPIRES JUNE 30, 2004; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT FOR THE NINTH JUDICIAL CIRCUIT, SEAT 6, WHOSE TERM EXPIRES JUNE 30, 2004; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT FOR THE TENTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 2004; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT FOR THE ELEVENTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 2004; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT FOR THE TWELFTH JUDICIAL CIRCUIT, SEAT 3, WHOSE TERM EXPIRES JUNE 30, 2004; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT FOR THE THIRTEENTH JUDICIAL CIRCUIT, SEAT 3, WHOSE TERM EXPIRES JUNE 30, 2004; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT FOR THE THIRTEENTH JUDICIAL CIRCUIT, SEAT 4, WHOSE TERM EXPIRES JUNE 30, 2004; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT FOR THE THIRTEENTH JUDICIAL CIRCUIT, SEAT 6, WHOSE TERM EXPIRES JUNE 30, 2004; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT FOR THE FOURTEENTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 2004; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT FOR THE FIFTEENTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 2004; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT FOR THE SIXTEENTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 2004; TO ELECT A SUCCESSOR TO A CERTAIN CHIEF JUDGE OF THE ADMINISTRATIVE LAW JUDGE DIVISION, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 2004; AND TO ELECT THE SUCCESSORS TO THE THREE COMMISSIONERS FOR THE EMPLOYMENT SECURITY COMMISSION, WHOSE CURRENT TERMS EXPIRE JUNE 30, 2004.

Election to the Position of Chief Justice
South Carolina Supreme Court

The PRESIDENT announced that nominations were in order to elect a successor to the position of Chief Justice, Supreme Court.

Representative Delleney, Chairman of the Judicial Merit Selection Commission, indicated that the Honorable Jean Hoefer Toal had been screened and found qualified to serve.

Representative Delleney placed the name of the Honorable Jean Hoefer Toal in nomination, moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable Jean Hoefer Toal had been elected to the position of Chief Justice, Supreme Court for the term prescribed by law.

Election to the Position of Judge
Court of Appeals, Seat #9

The PRESIDENT announced that nominations were in order to elect a successor to the position of Judge, Court of Appeals, Seat #9.

Representative Delleney, Chairman of the Judicial Merit Selection Commission, indicated that the Honorable Ralph King Anderson, Jr. had been screened and found qualified to serve.

Representative Delleney placed the name of the Honorable Ralph King Anderson, Jr. in nomination, moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable Ralph King Anderson had been elected to the position of Judge, Court of Appeals, Seat #9 for the term prescribed by law.

Election to the Position of Judge
Circuit Court, First Judicial Circuit, Seat #1

The PRESIDENT announced that nominations were in order to elect a successor to the position of Judge, Circuit Court, First Judicial Circuit, Seat #1.

Representative Delleney, Chairman of the Judicial Merit Selection Commission, indicated that the Honorable James C. Williams, Jr. had been screened and found qualified to serve.

Representative Delleney placed the name of the Honorable James C. Williams, Jr. in nomination, moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable James C. Williams, Jr. had been elected to the position of Judge, First Judicial Circuit, Seat #1 for the term prescribed by law.

Election to the Position of Judge
Circuit Court, First Judicial Circuit, Seat #2

The PRESIDENT announced that nominations were in order to elect a successor to the position of Judge, Circuit Court, First Judicial Circuit, Seat #2.

Representative Delleney, Chairman of the Judicial Merit Selection Commission, indicated that the Honorable Diane Schafer Goodstein had been screened and found qualified to serve.

Representative Delleney placed the name of the Honorable Diane Schafer Goodstein in nomination, moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable Diane Schafer Goodstein had been elected to the position of Judge, First Judicial Circuit, Seat #2 for the term prescribed by law.

Election to the Position of Judge
Circuit Court, Third Judicial Circuit, Seat #1

The PRESIDENT announced that nominations were in order to elect a successor to the position of Judge, Third Circuit Court, Judicial Circuit, Seat #1.

Representative Delleney, Chairman of the Judicial Merit Selection Commission, indicated that the Honorable Thomas W. Cooper, Jr. had been screened and found qualified to serve.

Representative Delleney placed the name of the Honorable Thomas W. Cooper, Jr. in nomination, moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable Thomas W. Cooper, Jr. had been elected to the position of Judge, Third Judicial Circuit, Seat #1 for the term prescribed by law.

Election to the Position of Judge
Circuit Court, Fourth Judicial Circuit, Seat #1

The PRESIDENT announced that nominations were in order to elect a successor to the position of Judge, Circuit Court, Fourth Judicial Circuit, Seat #1.

Representative Delleney, Chairman of the Judicial Merit Selection Commission, indicated that the Honorable Paul M. Burch had been screened and found qualified to serve.

Representative Delleney placed the name of the Honorable Paul M. Burch in nomination, moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable Paul M. Burch had been elected to the position of Judge, Fourth Judicial Circuit, Seat #1 for the term prescribed by law.

Election to the Position of Judge
Circuit Court, Sixth Judicial Circuit, Seat #1

The PRESIDENT announced that nominations were in order to elect a successor to the position of Judge, Circuit Court, Sixth Judicial Circuit, Seat #1.

Representative Delleney, Chairman of the Judicial Merit Selection Commission, indicated that the Honorable Paul E. Short, Jr. had been screened and found qualified to serve.

Representative Delleney placed the name of the Honorable Paul E. Short, Jr. in nomination, moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable Paul E. Short, Jr. had been elected to the position of Judge, Sixth Judicial Circuit, Seat #1 for the term prescribed by law.

Election to the Position of Judge
Circuit Court, Eighth Judicial Circuit, Seat #1

The PRESIDENT announced that nominations were in order to elect a successor to the position of Judge, Circuit Court, Eighth Judicial Circuit, Seat #1.

Representative Delleney, Chairman of the Judicial Merit Selection Commission, indicated that the Honorable Wyatt T. Saunders, Jr. had been screened and found qualified to serve.

Representative Delleney placed the name of the Honorable Wyatt T. Saunders, Jr. in nomination, moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable Wyatt T. Saunders, Jr. had been elected to the position of Judge, Eighth Judicial Circuit, Seat #1 for the term prescribed by law.

Election to the Position of Judge
Circuit Court, Fifteenth Judicial Circuit, Seat #1

The PRESIDENT announced that nominations were in order to elect a successor to the position of Judge, Circuit Court, Fifteenth Judicial Circuit, Seat #1.

Representative Delleney, Chairman of the Judicial Merit Selection Commission, indicated that the Honorable Steven H. John had been screened and found qualified to serve.

Representative Delleney placed the name of the Honorable Steven H. John in nomination, moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable Steven H. John had been elected to the position of Judge, Fifteenth Judicial Circuit, Seat #1 for the term prescribed by law.

Election to the Position of Judge
Circuit Court, Sixteenth Judicial Circuit, Seat #1

The PRESIDENT announced that nominations were in order to elect a successor to the position of Judge, Circuit Court, Sixteenth Judicial Circuit, Seat #1.

Representative Delleney, Chairman of the Judicial Merit Selection Commission, indicated that the Honorable John C. Hayes III had been screened and found qualified to serve.

Representative Delleney placed the name of the Honorable John C. Hayes III in nomination, moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable John C. Hayes III had been elected to the position of Judge, Sixteenth Judicial Circuit, Seat #1 for the term prescribed by law.

Election to the Position of Judge
Circuit Court, Sixteenth Judicial Circuit, Seat #2

The PRESIDENT announced that nominations were in order to elect a successor to the position of Judge, Circuit Court, Sixteenth Judicial Circuit, Seat #2.

Representative Delleney, Chairman of the Judicial Merit Selection Commission, indicated that the Honorable Lee S. Alford had been screened and found qualified to serve.

Representative Delleney placed the name of the Honorable Lee S. Alford in nomination, moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable Lee S. Alford had been elected to the position of Judge, Sixteenth Judicial Circuit, Seat #2 for the term prescribed by law.

Election to the Position of Judge
Family Court, First Judicial Circuit, Seat #2

The PRESIDENT announced that nominations were in order to elect a successor to the position of Judge, Family Court, First Judicial Circuit, Seat #2.

Representative Delleney, Chairman of the Judicial Merit Selection Commission, indicated that the Honorable William J. Wylie, Jr. had been screened and found qualified to serve.

Representative Delleney placed the name of the Honorable William J. Wylie, Jr. in nomination, moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable William J. Wylie, Jr. had been elected to the position of Judge, Family Court, First Judicial Circuit, Seat #2 for the term prescribed by law.

Election to the Position of Judge
Family Court, First Judicial Circuit, Seat #3

The PRESIDENT announced that nominations were in order to elect a successor to the position of Judge, Family Court, First Judicial Circuit, Seat #3.

Representative Delleney, Chairman of the Judicial Merit Selection Commission, indicated that the Honorable Nancy Chapman McLin had been screened and found qualified to serve.

Representative Delleney placed the name of the Honorable Nancy Chapman McLin in nomination, moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable Nancy Chapman McLin had been elected to the position of Judge, Family Court, First Judicial Circuit, Seat #3 for the term prescribed by law.

Election to the Position of Judge
Family Court, Second Judicial Circuit, Seat #1

The PRESIDENT announced that nominations were in order to elect a successor to the position of Judge, Family Court, Second Judicial Circuit, Seat #1.

Representative Delleney, Chairman of the Judicial Merit Selection Commission, indicated that the Honorable Peter R. Nuessle had been screened and found qualified to serve.

Representative Delleney placed the name of the Honorable Peter R. Nuessle in nomination, moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable Peter R. Nuessle had been elected to the position of Judge, Family Court, Second Judicial Circuit, Seat #1 for the term prescribed by law.

Election to the Position of Judge
Family Court, Third Judicial Circuit, Seat #1

The PRESIDENT announced that nominations were in order to elect a successor to the position of Judge, Family Court, Third Judicial Circuit, Seat #1.

Representative Delleney, Chairman of the Judicial Merit Selection Commission, indicated that the Honorable George M. McFaddin, Jr. had been screened and found qualified to serve.

Representative Delleney placed the name of the Honorable George M. McFaddin, Jr. in nomination, moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable George M. McFaddin, Jr. had been elected to the position of Judge, Family Court, Third Judicial Circuit, Seat #1 for the term prescribed by law.

Election to the Position of Judge
Family Court, Fourth Judicial Circuit, Seat #1

The PRESIDENT announced that nominations were in order to elect a successor to the position of Judge, Family Court, Fourth Judicial Circuit, Seat #1.

Representative Delleney, Chairman of the Judicial Merit Selection Commission, indicated that the Honorable Roger E. Henderson had been screened and found qualified to serve.

Representative Delleney placed the name of the Honorable Roger E. Henderson in nomination, moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable Roger E. Henderson had been elected to the position of Judge, Family Court, Fourth Judicial Circuit, Seat #1 for the term prescribed by law.

Election to the Position of Judge
Family Court, Fifth Judicial Circuit, Seat #1

The PRESIDENT announced that nominations were in order to elect a successor to the position of Judge, Family Court, Fifth Judicial Circuit, Seat #1.

Representative Delleney, Chairman of the Judicial Merit Selection Commission, indicated that the Honorable H. Bruce Williams had been screened and found qualified to serve.

Representative Delleney placed the name of the Honorable H. Bruce Williams in nomination, moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable H. Bruce Williams had been elected to the position of Judge, Fifth Family Court, Judicial Circuit, Seat #1 for the term prescribed by law.

Election to the Position of Judge
Family Court, Fifth Judicial Circuit, Seat #4

The PRESIDENT announced that nominations were in order to elect a successor to the position of Judge, Family Court, Fifth Judicial Circuit, Seat #4.

Representative Delleney, Chairman of the Judicial Merit Selection Commission, indicated that the Honorable Donna S. Strom had been screened and found qualified to serve.

Representative Delleney placed the name of the Honorable Donna S. Strom in nomination, moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable Donna S. Strom had been elected to the position of Judge, Family Court, Fifth Judicial Circuit, Seat #4 for the term prescribed by law.

Election to the Position of Judge
Family Court, Seventh Judicial Circuit, Seat #3

The PRESIDENT announced that nominations were in order to elect a successor to the position of Judge, Family Court, Seventh Judicial Circuit, Seat #3.

Representative Delleney, Chairman of the Judicial Merit Selection Commission, indicated that the Honorable Wesley L. Brown had been screened and found qualified to serve.

Representative Delleney placed the name of the Honorable Wesley L. Brown in nomination, moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable Wesley L. Brown had been elected to the position of Judge, Family Court, Seventh Judicial Circuit, Seat #3 for the term prescribed by law.

Election to the Position of Judge
Family Court, Eighth Judicial Circuit, Seat #2

The PRESIDENT announced that nominations were in order to elect a successor to the position of Judge, Family Court, Eighth Judicial Circuit, Seat #2.

Representative Delleney, Chairman of the Judicial Merit Selection Commission, indicated that the Honorable John M. Rucker had been screened and found qualified to serve.

Representative Delleney placed the name of the Honorable John M. Rucker in nomination, moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable John M. Rucker had been elected to the position of Judge, Family Court, Eighth Judicial Circuit, Seat #2 for the term prescribed by law.

Election to the Position of Judge
Family Court, Ninth Judicial Circuit, Seat #1

The PRESIDENT announced that nominations were in order to elect a successor to the position of Judge, Family Court, Ninth Judicial Circuit, Seat #1.

Representative Delleney, Chairman of the Judicial Merit Selection Commission, indicated that the Honorable F. P. Segars-Andrews had been screened and found qualified to serve.

Representative Delleney placed the name of the Honorable F. P. Segars-Andrews in nomination, moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable F. P. Segars-Andrews had been elected to the position of Judge, Family Court, Ninth Judicial Circuit, Seat #1 for the term prescribed by law.

Election to the Position of Judge
Family Court, Ninth Judicial Circuit, Seat #3

The PRESIDENT announced that nominations were in order to elect a successor to the position of Judge, Family Court, Ninth Judicial Circuit, Seat #3.

Representative Delleney, Chairman of the Judicial Merit Selection Commission, indicated that the Honorable Judy Cone Bridges had been screened and found qualified to serve.

Representative Delleney placed the name of the Honorable Judy Cone Bridges in nomination, moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable Judy Cone Bridges had been elected to the position of Judge, Family Court, Ninth Judicial Circuit, Seat #3 for the term prescribed by law.

Election to the Position of Judge
Family Court, Ninth Judicial Circuit, Seat #6

The PRESIDENT announced that nominations were in order to elect a successor to the position of Judge, Family Court, Ninth Judicial Circuit, Seat #6.

Representative Delleney, Chairman of the Judicial Merit Selection Commission, indicated that the Honorable Jack A. Landis had been screened and found qualified to serve.

Representative Delleney placed the name of the Honorable Jack A. Landis in nomination, moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable Jack A. Landis had been elected to the position of Judge, Family Court, Ninth Judicial Circuit, Seat #6 for the term prescribed by law.

Election to the Position of Judge
Family Court, Tenth Judicial Circuit, Seat #2

The PRESIDENT announced that nominations were in order to elect a successor to the position of Judge, Family Court, Tenth Judicial Circuit, Seat #2.

Representative Delleney, Chairman of the Judicial Merit Selection Commission, indicated that the Honorable Timothy M. Cain had been screened and found qualified to serve.

Representative Delleney placed the name of the Honorable Timothy M. Cain in nomination, moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable Timothy M. Cain had been elected to the position of Judge, Family Court, Tenth Judicial Circuit, Seat #2 for the term prescribed by law.

Election to the Position of Judge
Family Court, Eleventh Judicial Circuit, Seat #1

The PRESIDENT announced that nominations were in order to elect a successor to the position of Judge, Family Court, Eleventh Judicial Circuit, Seat #1.

Representative Delleney, Chairman of the Judicial Merit Selection Commission, indicated that the Honorable Kellum W. Allen had been screened and found qualified to serve.

Representative Delleney placed the name of the Honorable Kellum W. Allen in nomination, moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable Kellum W. Allen had been elected to the position of Judge, Family Court, Eleventh Judicial Circuit, Seat #1 for the term prescribed by law.

Election to the Position of Judge
Family Court, Thirteenth Judicial Circuit, Seat #3

The PRESIDENT announced that nominations were in order to elect a successor to the position of Judge, Family Court, Thirteenth Judicial Circuit, Seat #3.

Representative Delleney, Chairman of the Judicial Merit Selection Commission, indicated that the Honorable Aphrodite K. Konduros had been screened and found qualified to serve.

Representative Delleney placed the name of the Honorable Aphrodite K. Konduros in nomination, moved that the nominations be closed and, with unanimous consent, the vote was taken.

Whereupon, the PRESIDENT announced that the Honorable Aphrodite K. Konduros had been elected to the position of Judge, Family Court, Thirteenth Judicial Circuit, Seat #3 for the term prescribed by law.

Election to the Position of Judge
Family Court, Thirteenth Judicial Circuit, Seat #4

The PRESIDENT announced that nominations were in order to elect a successor to the position of Judge, Family Court, Thirteenth Judicial Circuit, Seat #4.

Representative Delleney, Chairman of the Judicial Merit Selection Commission, indicated that the Honorable Alvin D. Johnson had been screened and found qualified to serve.

Representative Delleney placed the name of the Honorable Alvin D. Johnson in nomination, moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable Alvin D. Johnson had been elected to the position of Judge, Family Court, Thirteenth Judicial Circuit, Seat #4 for the term prescribed by law.

Election to the Position of Judge
Family Court, Thirteenth Judicial Circuit, Seat #6

The PRESIDENT announced that nominations were in order to elect a successor to the position of Judge, Family Court, Thirteenth Judicial Circuit, Seat #6.

Representative Delleney, Chairman of the Judicial Merit Selection Commission, indicated that the Honorable Timothy L. Brown had been screened and found qualified to serve.

Representative Delleney placed the name of the Honorable Timothy L. Brown in nomination, moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable Timothy L. Brown had been elected to the position of Judge, Family Court, Thirteenth Judicial Circuit, Seat #6 for the term prescribed by law.

Election to the Position of Judge
Family Court, Fourteenth Judicial Circuit, Seat #2

The PRESIDENT announced that nominations were in order to elect a successor to the position of Judge, Family Court, Fourteenth Judicial Circuit, Seat #2.

Representative Delleney, Chairman of the Judicial Merit Selection Commission, indicated that the Honorable Jane Dowling Fender had been screened and found qualified to serve.

Representative Delleney placed the name of the Honorable Jane Dowling Fender in nomination, moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable Jane Dowling Fender had been elected to the position of Judge, Family Court, Fourteenth Judicial Circuit, Seat #2 for the term prescribed by law.

Election to the Position of Judge
Family Court, Fifteenth Judicial Circuit, Seat #2

The PRESIDENT announced that nominations were in order to elect a successor to the position of Judge, Family Court, Fifteenth Judicial Circuit, Seat #2.

Representative Delleney, Chairman of the Judicial Merit Selection Commission, indicated that the Honorable Lisa A. Kinon had been screened and found qualified to serve.

Representative Delleney placed the name of the Honorable Lisa A. Kinon in nomination, moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable Lisa A. Kinon had been elected to the position of Judge, Family Court, Fifteenth Judicial Circuit, Seat #2 for the term prescribed by law.

Election to the Position of Judge
Family Court, Sixteenth Judicial Circuit, Seat #1

The PRESIDENT announced that nominations were in order to elect a successor to the position of Judge, Family Court, Sixteenth Judicial Circuit, Seat #1.

Representative Delleney, Chairman of the Judicial Merit Selection Commission, indicated that the Honorable Robert E. Guess had been screened and found qualified to serve.

Representative Delleney placed the name of the Honorable Robert E. Guess in nomination, moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable Robert E. Guess had been elected to the position of Judge, Family Court, Sixteenth Judicial Circuit, Seat #1 for the term prescribed by law.

Election to the Position of Chief Judge
Administrative Law Judge Division, Seat #1

The PRESIDENT announced that nominations were in order to elect a successor to the position of Chief Judge, Administrative Law Judge Division, Seat #1.

Representative Delleney, Chairman of the Judicial Merit Selection Commission, indicated that the Honorable Marvin F. Kittrell had been screened and found qualified to serve.

Representative Delleney placed the name of the Honorable Marvin F. Kittrell in nomination, moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable Marvin F. Kittrell had been elected to the position of Chief Judge, Administrative Law Judge Division, Seat #1 for the term prescribed by law.

Election to the Position of Judge
Circuit Court, Second Judicial Circuit, Seat #1

The PRESIDENT announced that nominations were in order to elect a successor to the position of Judge, Circuit Court, Second Judicial Circuit, Seat #1.

Representative Delleney, Chairman of the Judicial Merit Selection Commission, indicated that Doyet A. "Jack" Early III and Clarke W. McCants III had been screened and found qualified to serve.

On motion of Representative Delleney, the name of Clarke W. McCants III was withdrawn from consideration.

Representative Delleney placed the name of the Honorable Doyet A. "Jack" Early III in nomination, moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable Doyet A. "Jack" Early III was elected to the position of Judge, Circuit Court, Second Judicial Circuit, Seat #1 for the term prescribed by law.

Election to the Position of Judge
Circuit Court, Seventh Judicial Circuit, Seat #2

The PRESIDENT announced that nominations were in order to elect a successor to the position of Judge, Circuit Court, Seventh Judicial Circuit, Seat #2.

Representative Delleney, Chairman of the Judicial Merit Selection Commission, indicated that Barry J. Barnette and the Honorable Roger L. Couch had been screened and found qualified to serve.

On motion of Representative Delleney, the name of Barry J. Barnette was withdrawn from consideration.

Representative Delleney placed the name of the Honorable Roger L. Couch in nomination, moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable Roger L. Couch was elected to the position of Judge, Circuit Court, Thirteenth Judicial Circuit, Seat #1 for the term prescribed by law.

Election to the Position of Judge
Circuit Court, Thirteenth Judicial Circuit, Seat #1

The PRESIDENT announced that nominations were in order to elect a successor to the position of Judge, Circuit Court, Thirteenth Judicial Circuit, Seat #1.

Representative Delleney, Chairman of the Judicial Merit Selection Commission, indicated that Edward M. Sauvain, G. David Seay, Jr. and G. Edward Welmaker had been screened and found qualified to serve.

On motion of Representative Delleney, the names of Edward M. Sauvain and G. David Seay, Jr. were withdrawn from consideration.

Representative Delleney placed the name of G. Edward Welmaker in nomination, moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable G. Edward Welmaker was elected to the position of Judge, Circuit Court, Thirteenth Judicial Circuit, Seat #1 for the term prescribed by law.

Election to the Position of Judge
Circuit Court, Thirteenth Judicial Circuit, Seat #4

The PRESIDENT announced that nominations were in order to elect a successor to the position of Judge, Circuit Court, Thirteenth Judicial Circuit, Seat #4.

Representative Delleney, Chairman of the Judicial Merit Selection Commission, indicated that Eric K. Englebardt, D. Garrison "Gary" Hill and David W. Holmes had been screened and found qualified to serve.

On motion of Representative Delleney, the names of Eric K. Englebardt and David W. Holmes were withdrawn from consideration.

Representative Delleney placed the name of D. Garrison "Gary" Hill in nomination, moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable D. Garrison "Gary" Hill was elected to the position of Judge, Circuit Court, Thirteenth Judicial Circuit, Seat #4 for the term prescribed by law.

Election to the Position of Judge
Family Court, Twelfth Judicial Circuit, Seat #3

The PRESIDENT announced that nominations were in order to elect a successor to the position of Judge, Family Court, Twelfth Judicial Circuit, Seat #3.

Representative Delleney, Chairman of the Judicial Merit Selection Commission, indicated that Frederick A. "Rick" Hoefer II and Jerry D. "Jay" Vinson, Jr. had been screened and found qualified to serve.

On motion of Representative Delleney, the name of Frederick A. "Rick" Hoefer II was withdrawn from consideration.

Representative Delleney placed the name of Jerry D. "Jay" Vinson, Jr. in nomination, moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable Jerry D. "Jay" Vinson, Jr. was elected to the position of Judge, Circuit Court, Twelfth Judicial Circuit, Seat #3 for the term prescribed by law.

Immediately following the judicial elections, the Joint Assembly proceeded to an election of successors to the Employment Security Commission.

Election of Successors to the Employment
Security Commission

Senator J. VERNE SMITH, on behalf of the Joint Legislative Screening Committee to Review Candidates for the SC Employment Security Commission, stated that the Honorable J. William McLeod, the Honorable Becky R. Martin, the Honorable Rebecca Davis Richardson and the Honorable McKinley Washington, Jr. had been screened and found qualified.

On motion of Senator J. VERNE SMITH, the name of the Honorable Becky R. Martin was withdrawn from consideration.

Senator J. VERNE SMITH placed the names of the Honorable J. William McLeod, the Honorable Rebecca Davis Richardson and the Honorable McKinley Washington, Jr. in nomination, moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominees.

Whereupon, the PRESIDENT announced that the Honorable J. William McLeod, the Honorable Rebecca Davis Richardson and the Honorable McKinley Washington, Jr. were elected to the three positions on the Employment Security Commission for the terms prescribed by law.

The purposes of the Joint Assembly having been accomplished, the PRESIDENT declared it adjourned, whereupon the Senate returned to its Chamber and was called to order by the PRESIDENT.

At 12:07 P.M., the Senate resumed.

RECESS

At 12:37 P.M., on motion of Senator McCONNELL, the Senate receded from business until 2:30 P.M.

AFTERNOON SESSION

The Senate reassembled at 2:34 P.M. and was called to order by the PRESIDENT.

The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.

MESSAGE FROM THE GOVERNOR

The following appointment was transmitted by the Honorable Mark C. Sanford:

Statewide Appointment

Initial Appointment, South Carolina Commission for the Blind, with term to commence May 19, 2004, and to expire May 19, 2008

At-Large

Montye M. DuBose, 41 Manchester Rd., Charleston, S.C. 29407 VICE John Franklin Shuler

Referred to the General Committee.

REGULATIONS WITHDRAWN AND RESUBMITTED

The following were received:

Document No. 2828
Agency: Department of Labor, Licensing and Regulation, Contractors' Licensing Board
SUBJECT: Burglar Alarm Systems
Received by Lieutenant Governor April 16, 2003
Referred to Labor, Commerce and Industry Committee
Legislative Review Expiration August 14, 2003
120 Day Period Tolled
Withdrawn and Resubmitted February 4, 2004

Document No. 2860
Agency: Department of Labor, Licensing and Regulation - Board of Medical Examiners
SUBJECT: Requirements for Limited License
Received by Lieutenant Governor January 13, 2004
Referred to Medical Affairs Committee
Legislative Review Expiration May 11, 2004
120 Day Period Tolled
Withdrawn and Resubmitted February 4, 2004

Expression of Personal Interest

Senator KNOTTS rose for an Expression of Personal Interest.

Leave of Absence

At 4:45 P.M., Senator KUHN requested a leave of absence for Thursday, February 5, 2004.

CO-SPONSOR REMOVED

S. 837 (Word version) -- Senators Rankin, Kuhn and Hutto: A JOINT RESOLUTION TO PROVIDE THE PROCEEDS FROM THE SALE OF ANY SURPLUS REAL PROPERTY IDENTIFIED BY THE BOARD OF DIRECTORS OF THE SOUTH CAROLINA PUBLIC SERVICE AUTHORITY MUST BE RETAINED BY SANTEE COOPER AND USED FOR ITS PURPOSES AND NOT TRANSFERRED TO THE STATE OF SOUTH CAROLINA TO HELP ALLEVIATE STATE BUDGET SHORTFALLS, TO PROVIDE THAT ANY OTHER USE OF THESE PROCEEDS MUST BE EXPRESSLY APPROVED BY THE GENERAL ASSEMBLY, TO PROVIDE THAT, IF THE PROCEEDS FROM SUCH SALES HAVE BEEN USED OR DISTRIBUTED IN VIOLATION OF THIS RESOLUTION, THESE PROCEEDS MUST BE RETURNED TO THE PUBLIC SERVICE AUTHORITY AND USED IN THE MANNER REQUIRED BY THIS JOINT RESOLUTION, AND TO PROVIDE THAT ANY RESOLUTION OR PARTS OF A RESOLUTION OF THE BOARD OF DIRECTORS OF THE PUBLIC SERVICE AUTHORITY CONTRARY TO THE REQUIREMENTS OF THIS JOINT RESOLUTION IS NULL AND VOID.

On motion of Senator KUHN, with unanimous consent, the name of Senator KUHN was removed as a co-sponsor of S. 837.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 905 (Word version) -- Senator Grooms: A BILL TO AMEND SECTION 8-11-83, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PAYROLL DEDUCTION FOR DUES OF STATE EMPLOYEES' ASSOCIATIONS, SO AS TO PROVIDE FOR PAYROLL DEDUCTION FOR DUES OF MEMBERS OF THE SOUTH CAROLINA STATE LODGE OF THE FRATERNAL ORDER OF POLICE.
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Read the first time and referred to the Committee on Finance.

S. 906 (Word version) -- Senators Matthews, Hutto and Patterson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-127-90 SO AS TO AUTHORIZE THE SOUTH CAROLINA STATE UNIVERSITY BOARD OF TRUSTEES TO USE THE PROVISIONS OF CHAPTER 2, TITLE 28 (EMINENT DOMAIN) TO ACQUIRE LAND FOR WHICH FUNDS ARE PROVIDED BY THE GENERAL ASSEMBLY.
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Read the first time and referred to the Committee on Judiciary.

S. 907 (Word version) -- Senator Hayes: A BILL TO AMEND SECTION 15-49-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENTS OF A PETITIONER SEEKING A NAME CHANGE, SO AS TO PROVIDE THAT A PETITIONER REQUESTING A NAME CHANGE MUST SIGN AN AFFIDAVIT STATING HE HAS NEVER BEEN CONVICTED OF A CRIME UNDER A DIFFERENT NAME OTHER THAN THE NAME IN WHICH HE IS MAKING THE REQUEST AND TO PROVIDE A PENALTY FOR A VIOLATION OF THE SECTION.
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Read the first time and referred to the Committee on Judiciary.

S. 908 (Word version) -- Senator Hayes: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 6 TO TITLE 26, SO AS TO ENACT THE UNIFORM ELECTRONIC TRANSACTIONS ACT, PROVIDING FOR DEFINITIONS, LEGAL EFFECT AND ENFORCEABILITY OF AN ELECTRONIC RECORD AND SIGNATURE, CHANGES OR ERRORS IN TRANSMISSION OF AN ELECTRONIC RECORD, COMPLIANCE OF AN ELECTRONIC RECORD OR SIGNATURE WITH OTHER LAWS AFFECTING VALIDITY OR RETENTION OR RECEIPT OF A RECORD OR SIGNATURE, USE OF ELECTRONIC RECORDS BY GOVERNMENTAL AGENCIES, PROMULGATION OF REGULATIONS BY THE BUDGET AND CONTROL BOARD TO ENHANCE THE UTILIZATION OF ELECTRONIC RECORDS AND SIGNATURES, AND DEVELOPMENT BY THE SECRETARY OF STATE OF MODEL PROCEDURES AND PROMULGATION OF REGULATIONS FOR SECURE ELECTRONIC TRANSACTIONS, INCLUDING LICENSING OF THIRD PARTIES; TO MAKE THE COMPUTER CRIME ACT APPLICABLE TO THE UNIFORM ELECTRONIC TRANSACTIONS ACT; AND TO REPEAL CHAPTER 5 OF TITLE 26, THE SOUTH CAROLINA ELECTRONIC COMMERCE ACT.
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Read the first time and referred to the Committee on Judiciary.

S. 909 (Word version) -- Senator Moore: A BILL TO AMEND SECTION 17-1-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXPUNGEMENT OF RECORDS WHEN A PERSON IS CHARGED WITH A CRIMINAL OFFENSE, BUT THE CHARGE IS DISCHARGED OR PROCEEDINGS ARE DISMISSED OR THE PERSON IS FOUND INNOCENT, SO AS TO REQUIRE THAT THE SOLICITOR OF THE CIRCUIT IN WHICH THE CHARGES WERE BROUGHT SHALL NOTIFY THE MUNICIPAL, COUNTY, OR STATE LAW ENFORCEMENT AGENCIES AND COURTS TO DESTROY RECORDS OF THE CHARGE, TO PROVIDE THAT NO ACTION IS REQUIRED BY THE PERSON CHARGED, AND TO FURTHER PROVIDE THAT THE PERSON MUST NOT BE REQUIRED TO PAY A FEE TO HAVE THE RECORDS DESTROYED.
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Read the first time and referred to the Committee on Judiciary.

S. 910 (Word version) -- Senator Moore: A BILL TO AMEND SECTION 16-1-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VIOLENT CRIMES, SO AS TO INCLUDE THE OFFENSE OF MANUFACTURING METHAMPHETAMINE AS A VIOLENT CRIME; TO AMEND SECTION 44-53-110, RELATING TO THE CONTROLLED SUBSTANCES ACT, SO AS TO AMEND THE DEFINITION OF "PARAPHERNALIA", ADD THE DEFINITIONS OF "COCAINE BASE" AND "METHAMPHETAMINE", AND DELETE THE DEFINITION OF "CRACK COCAINE, ICE, OR CRANK"; TO AMEND SECTION 44-53-210, RELATING TO SCHEDULE II DRUGS, SO AS TO INCLUDE EPHEDRINE, PSEUDOEPHEDRINE, AND PHENYLPROPANOLAMINE AS IMMEDIATE PRECURSORS TO SCHEDULE II DRUGS; TO AMEND SECTION 44-53-365, RELATING TO THEFT OF CONTROLLED SUBSTANCES, SO AS TO INCLUDE THEFT OF PRECURSOR SUBSTANCES; AND TO AMEND SECTION 44-53-375, RELATING TO THE MANUFACTURE OF METHAMPHETAMINE, SO AS TO MAKE POSSESSION OF EQUIPMENT USED IN THE MANUFACTURE OF METHAMPHETAMINE PRIMA FACIE EVIDENCE OF THE INTENT TO MANUFACTURE, AND TO INCLUDE A PUNISHMENT SCHEDULE FOR POSSESSION OF EPHEDRINE, PSEUDOEPHEDRINE, AND PHENYLPROPANOLAMINE.
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Read the first time and referred to the Committee on Judiciary.

S. 911 (Word version) -- Senator Jackson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 3 TO CHAPTER 31, TITLE 27 SO AS TO PROVIDE FOR GOVERNANCE OF A HOMEOWNERS' ASSOCIATION, INCLUDING PROVISIONS FOR ADOPTING OR CHANGING AN OPERATING RULE, PROCEDURAL FAIRNESS IN THE OPERATION OF THE ASSOCIATION'S PROPERTY AND AFFAIRS, FILING OF GOVERNING DOCUMENTS WITH THE SECRETARY OF STATE, REVIEW BY THE SECRETARY OF STATE OF GOVERNING DOCUMENTS FOR COMPLIANCE AND NOTICE OF NONCOMPLIANCE TO HOMEOWNERS AND THE DEPARTMENT OF CONSUMER AFFAIRS, RECOGNITION OF THE DETERMINATION AS EVIDENCE PER SE OF NONCOMPLIANCE IN AN ENFORCEMENT ACTION, ENFORCEMENT OF COMPLIANCE BY THE DEPARTMENT THROUGH FINES AND INJUNCTIONS, AND A CAUSE OF ACTION AGAINST THE BOARD OF DIRECTORS OF A HOMEOWNERS' ASSOCIATION FOR BREACH OF ITS FIDUCIARY DUTY TO THE ASSOCIATION FOR NONCOMPLIANCE WITH THIS ARTICLE.
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Read the first time and referred to the Committee on Judiciary.

S. 912 (Word version) -- Senator Patterson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-850 SO AS TO DEFINE THE TERM "FUNERAL PROCESSION", AND TO PROVIDE FOR THE DUTIES OF OPERATORS OF VEHICLES IN A FUNERAL PROCESSION AND NOT IN A FUNERAL PROCESSION.
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Read the first time and referred to the Committee on Transportation.

S. 913 (Word version) -- Senators Reese and Knotts: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 9-1-1675 AND 9-11-165 SO AS TO PROVIDE THAT NO MORE THAN TWELVE MONTHS OF OVERPAYMENTS MAY BE RECOUPED FROM THE RETIREMENT BENEFITS OF RETIREES UNDER THE SOUTH CAROLINA RETIREMENT SYSTEM AND THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM WHO RECEIVED OVERPAYMENTS THROUGH NO FRAUDULENT ACT OF THE RETIREE, AND TO PROVIDE THAT THE REPAYMENT BY THE RETIRED MEMBER MUST BE OVER A PERIOD OF NO LESS THAN THIRTY-SIX MONTHS IN EQUAL MONTHLY INSTALLMENTS WITHOUT INTEREST.
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Read the first time and referred to the Committee on Finance.

S. 914 (Word version) -- Senator Reese: 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.
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Read the first time and referred to the Committee on Judiciary.

S. 915 (Word version) -- Senator Reese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 48-23-265 SO AS TO PROVIDE THAT A PERSON WHO PURCHASES TREES OR FOREST PRODUCTS DIRECTLY FROM A LANDOWNER FROM LANDS IN THIS STATE MUST MAKE FULL PAYMENT TO THE LANDOWNER IN THE MANNER PROVIDED IN THIS SECTION, TO PROVIDE EXCEPTIONS, TO PROVIDE THAT FAILURE TO REMIT PAYMENT AS REQUIRED SUBJECTS THE VIOLATOR TO CRIMINAL PENALTIES FOR VIOLATIONS, AND TO PROVIDE THAT WHERE THE VALUE OF THE TIMBER EXCEEDS FIVE THOUSAND DOLLARS, EQUIPMENT AND VEHICLES USED TO ACQUIRE OR CUT THE TIMBER ARE SUBJECT TO CONFISCATION AND FORFEITURE.
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Read the first time and referred to the Committee on Judiciary.

S. 916 (Word version) -- Senators Richardson, Alexander, Anderson, Branton, Courson, Cromer, Drummond, Elliott, Fair, Ford, Giese, Glover, Gregory, Grooms, Hawkins, Hayes, Hutto, Jackson, Knotts, Kuhn, Land, Leatherman, Leventis, Malloy, Martin, Matthews, McConnell, McGill, Mescher, Moore, O'Dell, Patterson, Peeler, Pinckney, Rankin, Ravenel, Reese, Ritchie, Ryberg, Setzler, Short, J. Verne Smith, Thomas, Verdin and Waldrep: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE OVERPASS THAT CROSSES SPANISH WELLS ROAD ALONG THE CROSS ISLAND PARKWAY ON HILTON HEAD ISLAND THE "AMBASSADOR JOHN C. WEST OVERPASS" AND TO ERECT APPROPRIATE MARKERS OR SIGNS AT THIS OVERPASS WHICH CONTAIN THE WORDS "AMBASSADOR JOHN C. WEST OVERPASS".
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The Concurrent Resolution was introduced and ordered placed on the Calendar without reference.

H. 3594 (Word version) -- Reps. Jennings, Harrison, F. N. Smith, Lucas, G. M. Smith, Hagood, Lourie, McLeod, Scott, Owens, Bingham, 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.

Read the first time and referred to the Committee on Judiciary.

H. 4537 (Word version) -- Reps. Walker, Wilkins, W. D. Smith, Harrison, Witherspoon, Cato, Townsend, Littlejohn, Davenport, J. E. Smith, Huggins, Lourie, Scott, Bales, McGee, Sinclair, Anthony, Harvin, Cotty, Leach, Allen, Altman, Bailey, Barfield, Battle, Bingham, Bowers, Branham, Breeland, G. Brown, J. Brown, R. Brown, Ceips, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Dantzler, Delleney, Duncan, Edge, Emory, Freeman, Frye, Gilham, Gourdine, Govan, Hagood, Hamilton, Harrell, Haskins, Hayes, Herbkersman, J. Hines, Hinson, Hosey, Howard, Jennings, Keegan, Kennedy, Kirsh, Koon, Lee, Lloyd, Loftis, Lucas, Mack, Mahaffey, Martin, McCraw, McLeod, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Quinn, Rhoad, Rice, Richardson, Rivers, Rutherford, Sandifer, Scarborough, Sheheen, Simrill, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. R. Smith, Snow, Stewart, Stille, Talley, Taylor, Thompson, Toole, Tripp, Trotter, Umphlett, Vaughn, Viers, Weeks, Whipper, White, Whitmire, Young and M. Hines: A BILL TO AMEND TITLE 57, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 4, RELATING TO THE ESTABLISHMENT, FUNCTIONS, AND PURPOSES OF THE DEPARTMENT OF TRANSPORTATION, SO AS TO CREATE THE STATE AERONAUTICS COMMISSION WITHIN THE DEPARTMENT TO OVERSEE THE OPERATION OF THE DEPARTMENT'S DIVISION OF AERONAUTICS AND TO APPOINT THE DIVISION'S DIRECTOR; TO AMEND SECTION 55-5-20, AS AMENDED, RELATING TO DEFINITION OF TERMS CONTAINED IN THE UNIFORM STATE AERONAUTICAL REGULATORY ACT, SO AS TO REVISE THE DEFINITION OF "AVIATION GASOLINE" TO INCLUDE GENERAL AVIATION JET FUEL; TO AMEND SECTION 57-11-20, AS AMENDED, RELATING TO THE STATE HIGHWAY FUND AND THE FEDERAL AID HIGHWAY FUND, SO AS TO DELETE THE PROVISION THAT RELATES TO THE FEDERAL AID HIGHWAY FUND, AND TO PROVIDE THAT THE STATE HIGHWAY FUND MAY NOT BE USED FOR THE PURPOSES OF THE DEPARTMENT OF TRANSPORTATION'S AERONAUTICS DIVISION; BY ADDING SECTION 58-8-220 SO AS TO PROVIDE FOR THE FUNDING OF THE ACTIVITIES OF THE DIVISION OF AERONAUTICS; BY ADDING SECTION 57-3-35 SO AS TO PROVIDE FOR THE ORGANIZATION AND OBJECTIVE OF THE DIVISION OF AERONAUTICS; TO AMEND SECTION 1-30-25, AS AMENDED, RELATING TO THE DEPARTMENT OF COMMERCE, SO AS TO DELETE ITS DIVISION FOR AERONAUTICS; TO AMEND SECTION 1-30-105, RELATING TO THE DEPARTMENT OF TRANSPORTATION, SO AS TO ESTABLISH A DIVISION OF AERONAUTICS WITHIN THE DEPARTMENT AND TO DELETE AN OBSOLETE REFERENCE; TO AMEND SECTION 2-13-240, AS AMENDED, RELATING TO THE DISTRIBUTION OF THE CODE OF LAWS OF SOUTH CAROLINA, SO AS TO SUBSTITUTE DEPARTMENT OF TRANSPORTATION FOR DEPARTMENT OF COMMERCE; TO AMEND SECTION 11-35-1520, AS AMENDED, RELATING TO COMPETITIVE SEALED BIDDING, SO AS TO SUBSTITUTE DEPARTMENT OF TRANSPORTATION FOR DEPARTMENT OF COMMERCE; TO AMEND SECTION 12-28-2720, RELATING TO THE DISTRIBUTION OF THE GASOLINE USER FEE TO THE DEPARTMENT OF TRANSPORTATION, SO AS TO PROVIDE THAT THIS FEE MAY NOT BE USED FOR THE PURPOSE OF THE DIVISION OF AERONAUTICS; TO AMEND SECTION 12-36-1710, RELATING TO THE EXCISE TAX LEVIED ON THE CASUAL SALES OF CERTAIN ITEMS, SO AS TO SUBSTITUTE DEPARTMENT OF TRANSPORTATION FOR DEPARTMENT OF COMMERCE; TO AMEND SECTION 13-1-10, AS AMENDED, RELATING TO THE ESTABLISHMENT OF THE DEPARTMENT OF COMMERCE, SO AS TO DELETE THE DEPARTMENT'S DIVISION OF AERONAUTICS AND ITS FUNCTIONS; TO AMEND SECTION 13-1-20, RELATING TO THE PURPOSES OF THE DEPARTMENT OF COMMERCE, SO AS TO DELETE THE DEPARTMENT'S MANDATE TO DEVELOP STATE PUBLIC AIRPORTS AND AN AIR TRANSPORTATION SYSTEM; TO AMEND SECTION 15-9-390, AS AMENDED, RELATING TO SERVICE OF PROCESS ON NONRESIDENT OPERATORS OF AIRCRAFT, SO AS TO SUBSTITUTE DIRECTOR OF THE DEPARTMENT OF TRANSPORTATION FOR SECRETARY OF COMMERCE; TO AMEND SECTION 15-9-410, AS AMENDED, RELATING TO CERTAIN PROVISIONS THAT DO NOT APPLY TO ANY INCORPORATED CARRIER HOLDING A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY, SO AS TO SUBSTITUTE DEPARTMENT OF TRANSPORTATION FOR DEPARTMENT OF COMMERCE; TO AMEND SECTION 23-33-20, AS AMENDED, RELATING TO THE OBTAINING OF A PERMIT BEFORE FIRING OR ATTEMPTING TO FIRE OR DISCHARGE A MISSILE, SO AS TO SUBSTITUTE DEPARTMENT OF TRANSPORTATION FOR DEPARTMENT OF COMMERCE; TO AMEND SECTION 46-13-60, AS AMENDED, RELATING TO PRESCRIBING STANDARDS FOR THE CERTIFICATION OF APPLICATORS OF PESTICIDES, SO AS TO SUBSTITUTE DEPARTMENT OF TRANSPORTATION FOR DEPARTMENT OF COMMERCE; TO AMEND SECTION 55-1-1, AS AMENDED, RELATING TO THE ESTABLISHMENT OF THE DIVISION OF AERONAUTICS WITHIN THE DEPARTMENT OF COMMERCE, SO AS TO SUBSTITUTE DEPARTMENT OF TRANSPORTATION FOR DEPARTMENT OF COMMERCE AND DIRECTOR OF THE DEPARTMENT OF TRANSPORTATION FOR SECRETARY OF COMMERCE; TO AMEND SECTION 55-1-5, AS AMENDED, RELATING TO DEFINITIONS CONTAINED IN THE PROVISIONS THAT GOVERN THE DIVISION OF AERONAUTICS OF THE DEPARTMENT OF COMMERCE, SO AS TO SUBSTITUTE DEPARTMENT OF TRANSPORTATION FOR DEPARTMENT OF COMMERCE; TO AMEND SECTION 55-5-190, AS AMENDED, RELATING TO THE ENFORCEMENT OF THE PROVISIONS CONTAINED IN THE UNIFORM STATE AERONAUTICAL REGULATORY ACT, SO AS TO SUBSTITUTE DEPARTMENT OF TRANSPORTATION FOR DEPARTMENT OF COMMERCE; TO AMEND SECTION 55-5-230, RELATING TO APPEALS FROM ORDERS ISSUED BY THE DIVISION OF AERONAUTICS, SO AS TO INCREASE THE PERIOD OF TIME WITHIN WHICH A PERSON AGAINST WHOM AN ORDER HAS BEEN ENTERED MAY APPEAL THE ORDER, AND TO PROVIDE THAT THE APPEAL MUST BE MADE TO THE ADMINISTRATIVE LAW JUDGE DIVISION INSTEAD OF THE CIRCUIT COURT; TO AMEND SECTION 55-8-10, AS AMENDED, RELATING TO DEFINITION OF TERMS CONTAINED IN THE UNIFORM AIRCRAFT FINANCIAL RESPONSIBILITY ACT, SO AS TO SUBSTITUTE THE TERM DEPARTMENT OF TRANSPORTATION FOR THE TERM DEPARTMENT OF COMMERCE WITHIN THE DEFINITION OF THE TERM AGENCY; TO AMEND SECTION 55-8-50, AS AMENDED, RELATING TO POLICY BONDS CONTAINED IN THE UNIFORM AIRCRAFT FINANCIAL RESPONSIBILITY ACT, SO AS TO SUBSTITUTE DIRECTOR OF THE DEPARTMENT OF TRANSPORTATION FOR SECRETARY OF COMMERCE; TO AMEND SECTION 55-11-10, AS AMENDED, RELATING TO THE POWERS OF THE BOARD OF TRUSTEES OF CLEMSON UNIVERSITY, SO AS TO SUBSTITUTE DEPARTMENT OF TRANSPORTATION FOR DEPARTMENT OF COMMERCE; TO AMEND SECTION 55-15-10, AS AMENDED, RELATING TO DEFINITIONS CONTAINED IN THE PROVISIONS THAT PERTAIN TO RELOCATION ASSISTANCE, SO AS TO SUBSTITUTE THE TERM DEPARTMENT OF TRANSPORTATION FOR DEPARTMENT OF COMMERCE; TO AMEND SECTION 57-1-20, AS AMENDED, RELATING TO THE ESTABLISHMENT OF THE DEPARTMENT OF TRANSPORTATION, SO AS TO CREATE A DIVISION OF AERONAUTICS WITHIN THE DEPARTMENT; TO AMEND SECTION 57-1-30, AS AMENDED, RELATING TO THE FUNCTIONS AND PURPOSES OF THE DEPARTMENT OF TRANSPORTATION, SO AS TO PROVIDE THAT AMONG ITS FUNCTIONS AND PURPOSES, THE DEPARTMENT SHALL DEVELOP STATE PUBLIC AIRPORTS AND AN AIR TRANSPORTATION SYSTEM; TO AMEND SECTION 57-3-10, AS AMENDED, RELATING TO THE ADMINISTRATION OF THE DEPARTMENT OF TRANSPORTATION, SO AS TO PROVIDE THAT THE DEPARTMENT MUST CONTAIN A DIVISION OF AERONAUTICS; TO AMEND SECTION 57-3-20, AS AMENDED, RELATING TO THE RESPONSIBILITIES AND DUTIES OF THE DEPARTMENT OF TRANSPORTATION'S DIVISION DIRECTORS, SO AS TO PROVIDE FOR THE DUTIES AND RESPONSIBILITIES OF THE DIVISION OF AERONAUTICS' DEPUTY DIRECTOR; TO AMEND SECTION 57-11-20, AS AMENDED, RELATING TO THE STATE HIGHWAY FUND AND THE FEDERAL AID HIGHWAY FUND, SO AS TO DELETE THE PROVISION THAT RELATES TO THE FEDERAL AID HIGHWAY FUND AND TO PROVIDE THAT THE STATE HIGHWAY FUND MAY NOT BE USED FOR PURPOSES OF THE DEPARTMENT OF TRANSPORTATION DIVISION OF AERONAUTICS; AND TO REPEAL ARTICLE 7, CHAPTER 1, TITLE 13 AND SECTIONS 55-5-240 AND 55-5-250 RELATING TO THE APPEAL OF A DECISION ENTERED BY THE DEPARTMENT OF COMMERCE DIVISION OF AERONAUTICS.

Read the first time and referred to the Committee on Transportation.

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.

The Concurrent Resolution was introduced and referred to the Committee on Fish, Game and Forestry.

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.

The Concurrent Resolution was introduced and referred to the Committee on Finance.

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

The Concurrent Resolution was introduced and referred to the Committee on Transportation.

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

The Concurrent Resolution was introduced and referred to the Committee on Transportation.

H. 4661 (Word version) -- Reps. Parks, Allen, Altman, Anthony, Bailey, Bales, Barfield, Battle, Bingham, Bowers, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Freeman, Frye, Gilham, Gourdine, Govan, Hagood, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kennedy, Kirsh, Koon, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Quinn, Rhoad, Rice, Richardson, Rivers, Rutherford, Sandifer, Scarborough, Scott, Sheheen, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Snow, Stewart, Stille, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Trotter, Umphlett, Vaughn, Viers, Walker, Weeks, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A CONCURRENT RESOLUTION TO RECOGNIZE MS. ANGELA CHRISTOPHER OF GREENWOOD COUNTY FOR HER WORK AS FOUNDER AND EXECUTIVE DIRECTOR OF RAVEN, INC., AND TO WISH HER MUCH SUCCESS AS SHE PURSUES A DOCTORATE DEGREE AT EMORY UNIVERSITY.

The Concurrent Resolution was adopted, ordered returned to the House.

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.

The Concurrent Resolution was adopted, ordered returned to the House.

H. 4689 (Word version) -- Reps. Talley, W. D. Smith, Sinclair, F. N. Smith, G. M. Smith, Lee, Allen, Altman, Anthony, Bailey, Bales, Barfield, Battle, Bingham, Bowers, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Freeman, Frye, Gilham, Gourdine, Govan, Hagood, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kennedy, Kirsh, Koon, Leach, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Quinn, Rhoad, Rice, Richardson, Rivers, Rutherford, Sandifer, Scarborough, Scott, Sheheen, Simrill, Skelton, D. C. Smith, G. R. Smith, J. E. Smith, J. R. Smith, Snow, Stewart, Stille, Taylor, Thompson, Toole, Townsend, Tripp, Trotter, Umphlett, Vaughn, Viers, Walker, Weeks, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A CONCURRENT RESOLUTION TO EXTEND THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY OF SOUTH CAROLINA TO THE 2003 WOFFORD COLLEGE "TERRIERS" FOOTBALL TEAM FOR THEIR OUTSTANDING SEASON AS THE SOUTHERN CONFERENCE FOOTBALL CHAMPIONS AND TO HEAD COACH MIKE AYERS FOR BEING NAMED NATIONAL COACH OF THE YEAR IN DIVISION I-AA BY THE AMERICAN FOOTBALL COACHES ASSOCIATION.

The Concurrent Resolution was adopted, ordered returned to the House.

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 adopted, ordered returned to the House.

REPORTS OF STANDING COMMITTEES

Senator LEATHERMAN from the Committee on Finance submitted a favorable with amendment report on:

S. 277 (Word version) -- Senator Hayes: A BILL TO AMEND SECTION 4-9-195, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY OF A COUNTY TO GRANT SPECIAL PROPERTY TAX ASSESSMENTS TO HISTORIC PROPERTIES AND LOW AND MODERATE INCOME RENTAL PROPERTIES, SO AS TO ESTABLISH CRITERIA BY WHICH A COUNTY MAY OFFER ECONOMIC INCENTIVES FOR RENOVATION AND REHABILITATION OF ARCHITECTURALLY SIGNIFICANT HOMES BY OWNERS WHO OCCUPY THEM.

Ordered for consideration tomorrow.

Senator HAWKINS from the Committee on Judiciary submitted a favorable with amendment report on:

S. 390 (Word version) -- Senator Hayes: A BILL TO AMEND SECTION 20-7-5050, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LIMITATION ON THE AMOUNT OF CHILDREN'S TRUST FUND REVENUES WHICH MAY BE DISBURSED, SO AS TO REMOVE THIS LIMITATION.

Ordered for consideration tomorrow.

Senator KUHN from the Committee on Judiciary submitted a favorable with amendment report on:

S. 719 (Word version) -- Senators McConnell and Elliott: A BILL TO AMEND SECTION 5-1-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PREREQUISITES TO THE ISSUANCE OF CORPORATE CERTIFICATE FOR A PROPOSED MUNICIPALITY, SO AS TO DELETE THE REQUIREMENT THAT NO PART OF THE PROPOSED MUNICIPALITY IS WITHIN FIVE MILES OF THE BOUNDARY OF AN ACTIVE INCORPORATED MUNICIPALITY.

Ordered for consideration tomorrow.

Senator RYBERG from the Committee on Transportation submitted a favorable report on:

S. 764 (Word version) -- Senator Ryberg: A BILL TO AMEND SECTION 56-3-1010, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITION OF TERMS CONCERNING CORPORATE-OWNED FLEET MOTOR VEHICLES, SO AS TO REVISE THE DEFINITION OF THE TERM "FLEET".

Ordered for consideration tomorrow.

Senator LEATHERMAN from the Committee on Finance submitted a favorable report on:

S. 785 (Word version) -- Senator Leatherman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 4 TO CHAPTER 11, TITLE 1 SO AS TO PROVIDE FOR THE STATE BUDGET AND CONTROL BOARD CEILING ON THE ISSUANCE OF QUALIFIED PUBLIC EDUCATIONAL FACILITIES BONDS IN COMPLIANCE WITH THE PROVISIONS OF THE INTERNAL REVENUE CODE OF 1986.

Ordered for consideration tomorrow.

Senator LEATHERMAN from the Committee on Finance submitted a favorable report on:

S. 786 (Word version) -- Senator Leatherman: A BILL TO AMEND ACT 1377 OF 1968, AS AMENDED, RELATING TO STATE CAPITAL IMPROVEMENT BONDS AND AUTHORIZATIONS, SO AS TO PROVIDE THAT THE PRINCIPAL AMOUNT OF BONDS ISSUED TO REFUND EXISTING BONDS AND THE COST OF ISSUANCE OF THESE REFUNDING BONDS IS NOT INCLUDED IN THE AGGREGATE PRINCIPAL AMOUNT OF STATE CAPITAL IMPROVEMENT BONDS AND TO DELETE THE REQUIREMENT THAT THE BOND PREMIUM BE APPLIED TO THE FIRST INSTALLMENT OF PRINCIPAL OF THE BONDS.

Ordered for consideration tomorrow.

Senator LEATHERMAN from the Committee on Finance submitted a favorable with amendment report on:

S. 787 (Word version) -- Senator Leatherman: A BILL TO AMEND SECTIONS 11-15-590, 11-21-60, AS AMENDED, 11-41-150, 41-43-110, AS AMENDED, 57-11-380, 59-71-180, 59-107-170, AND 59-146-140, ALL OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, AND ALL RELATING TO THE USE OF BOND SALE PROCEEDS FOR GENERAL OBLIGATION BONDS ISSUED BY THE STATE AND POLITICAL SUBDIVISIONS OF THE STATE UNDER THE VARIOUS AUTHORIZING STATUTES, SO AS TO ELIMINATE THE REQUIREMENT THAT BOND PREMIUMS BE APPLIED ONLY TO THE FIRST INSTALLMENT OF PRINCIPAL DUE.

Ordered for consideration tomorrow.

Senator MESCHER from the Committee on Judiciary submitted a favorable with amendment report on:

S. 837 (Word version) -- Senators Rankin and Hutto: A JOINT RESOLUTION TO PROVIDE THE PROCEEDS FROM THE SALE OF ANY SURPLUS REAL PROPERTY IDENTIFIED BY THE BOARD OF DIRECTORS OF THE SOUTH CAROLINA PUBLIC SERVICE AUTHORITY MUST BE RETAINED BY SANTEE COOPER AND USED FOR ITS PURPOSES AND NOT TRANSFERRED TO THE STATE OF SOUTH CAROLINA TO HELP ALLEVIATE STATE BUDGET SHORTFALLS, TO PROVIDE THAT ANY OTHER USE OF THESE PROCEEDS MUST BE EXPRESSLY APPROVED BY THE GENERAL ASSEMBLY, TO PROVIDE THAT, IF THE PROCEEDS FROM SUCH SALES HAVE BEEN USED OR DISTRIBUTED IN VIOLATION OF THIS RESOLUTION, THESE PROCEEDS MUST BE RETURNED TO THE PUBLIC SERVICE AUTHORITY AND USED IN THE MANNER REQUIRED BY THIS JOINT RESOLUTION, AND TO PROVIDE THAT ANY RESOLUTION OR PARTS OF A RESOLUTION OF THE BOARD OF DIRECTORS OF THE PUBLIC SERVICE AUTHORITY CONTRARY TO THE REQUIREMENTS OF THIS JOINT RESOLUTION IS NULL AND VOID.

Ordered for consideration tomorrow.

Senator HAWKINS from the Committee on Judiciary submitted a majority favorable with amendment and Senator GLOVER a minority unfavorable report on:

H. 3442 (Word version) -- Reps. Sandifer, Cotty, Altman, Bailey, Bales, Barfield, Battle, Bingham, Bowers, Ceips, Chellis, Clark, Clemmons, Coates, Dantzler, Duncan, Edge, Hayes, Herbkersman, Hinson, Jennings, Kirsh, Leach, Lucas, Mahaffey, McCraw, McGee, Merrill, Ott, Owens, Perry, Phillips, Pinson, E.H. Pitts, M.A. Pitts, Quinn, Rhoad, Rice, Richardson, Rivers, Scarborough, Simrill, Sinclair, Skelton, D.C. Smith, J.R. Smith, Stewart, Stille, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Trotter, Umphlett, Viers, Weeks, Whipper, White, Whitmire, Wilkins, Witherspoon, Young and Rutherford: A BILL TO AMEND SECTION 23-31-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPLICATION A PERSON MUST COMPLETE BEFORE PURCHASING A PISTOL, AND RESTRICTIONS PLACED ON A PERSON WHO PURCHASES A PISTOL, SO AS TO DELETE THE PROVISIONS THAT PROHIBIT A PERSON FROM PURCHASING MORE THAN ONE PISTOL ON AN APPLICATION, PURCHASING MORE THAN ONE PISTOL DURING EACH THIRTY-DAY PERIOD, AND THE EXCEPTIONS TO THESE PROVISIONS.

Ordered for consideration tomorrow.

Senator MARTIN from the Committee on Judiciary submitted a favorable with amendment report on:

H. 3516 (Word version) -- Reps. Vaughn, Whipper, Hamilton, Bailey, Chellis, Frye, Gilham, Haskins, Howard, Koon, Littlejohn, Mahaffey, Sinclair, Snow, Stille, Taylor, Cotty and Edge: A BILL TO AMEND SECTION 16-13-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL FAILURE TO RETURN CERTAIN RENTAL PROPERTY OR THE FRAUDULENT APPROPRIATION OF SUCH PROPERTY, SO AS TO PROVIDE THAT THE VALUE OF THE LOSS OF REVENUE CAUSED BY THE UNLAWFUL WITHHOLDING OR FRAUDULENT APPROPRIATION OF RENTAL PROPERTY MAY BE CONSIDERED FOR THE PURPOSES OF COMPUTING THE APPLICABLE PENALTY, TO PROVIDE THAT A CIRCUIT COURT JUDGE OR MAGISTRATE MAY ORDER RESTITUTION IN AMOUNT BASED ON THE VALUE OF THE LOSS OF REVENUE OR DAMAGE TO THE RENTED ITEM; AND TO AMEND SECTION 22-3-550, AS AMENDED, RELATING TO MAGISTRATES' AUTHORITY TO ORDER RESTITUTION, SO AS TO REMOVE THE LIMITATION THAT SUCH RESTITUTION BE IN AN AMOUNT NOT TO EXCEED FIVE THOUSAND DOLLARS.

Ordered for consideration tomorrow.

Senator RYBERG from the Committee on Transportation polled out S. 856 favorable:

S. 856 (Word version) -- Senator Hawkins: A BILL TO PROVIDE THAT A CERTAIN PORTION OF THE ROADSIDE OF INTERSTATE HIGHWAY 26 IN SPARTANBURG COUNTY MAY BE MOWED BEYOND THIRTY FEET FROM THE PAVEMENT.

Poll of the Transportation Committee
Polled 17; Ayes 14; Nays 0; Not Voting 3

AYES

Ryberg                    Land                      Leatherman
Leventis                  McGill                    Elliott
Rankin                    Grooms                    Richardson
Hawkins                   Ritchie                   Verdin
Drummond                  Malloy

TOTAL--14

NAYS

TOTAL--0

NOT VOTING

Ravenel                   Pinckney                  Kuhn

TOTAL--3

Ordered for consideration tomorrow.

Senator MESCHER from the Committee on Judiciary submitted a favorable report on:

H. 4272 (Word version) -- Reps. Hinson, Altman, Breeland, R. Brown, Dantzler, Gourdine, Hagood, Harrell, Limehouse, Mack, Merrill, Miller, Scarborough, Umphlett and Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 4-3-85 SO AS TO ALTER THE LINES OF BERKELEY AND CHARLESTON COUNTIES BY ANNEXING A CERTAIN PORTION OF CHARLESTON COUNTY TO BERKELEY COUNTY AND MAKE PROVISIONS FOR LEGAL RECORDS.

Ordered for consideration tomorrow.

Message from the House

Columbia, S.C., February 3, 2004

Mr. President and Senators:

The House respectfully informs your Honorable Body that it refuses to concur in the amendments proposed by the Senate to:

S. 560 (Word version) -- Senators Leatherman, Ritchie, Knotts, Grooms, Verdin, Giese, Branton, Mescher, McConnell, McGill, J. Verne Smith, Alexander, Martin, Short, Moore, Ravenel, O'Dell, Drummond, Hayes, Setzler and Ford: A BILL TO ENACT THE SOUTH CAROLINA LIFE SCIENCES ACT, BY DEFINING A LIFE SCIENCES FACILITY AND PROVIDING THAT A LIFE SCIENCES FACILITY PROJECT IN WHICH IS INVESTED AT LEAST ONE HUNDRED MILLION DOLLARS AND AT WHICH AT LEAST TWO HUNDRED NEW JOBS ARE CREATED WITH ANNUAL CASH COMPENSATION AT LEAST ONE HUNDRED FIFTY PERCENT OF AVERAGE PER CAPITA INCOME IN THIS STATE IS ELIGIBLE FOR EMPLOYEE RELOCATION EXPENSE REIMBURSEMENT AND THE WAIVER ALLOWED ON THE LIMIT FOR JOB DEVELOPMENT CREDITS FOR PURPOSES OF THE ENTERPRISE ZONE ACT OF 1995, TO ALLOW A TAXPAYER OPERATING A LIFE SCIENCES FACILITY TO ENTER INTO AN AGREEMENT WITH THE DEPARTMENT OF REVENUE NOT TO EXCEED FIFTEEN YEARS DURATION FOR ALLOCATION AND APPORTIONMENT FOR PURPOSES OF CORPORATE INCOME TAX, TO AMEND SECTION 12-37-930, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEPRECIATION ALLOWANCE FOR PURPOSES OF THE PROPERTY TAX, SO AS TO INCREASE THE ANNUAL DEPRECIATION ALLOWANCE FOR USE OF CLEAN ROOMS FROM TEN TO FIFTEEN PERCENT AND TO PROVIDE A TWENTY PERCENT ANNUAL DEPRECIATION ALLOWANCE FOR MACHINERY AND EQUIPMENT USED FOR MANUFACTURING IN A LIFE SCIENCES FACILITY AND TO DEFINE "LIFE SCIENCES FACILITY", TO AMEND SECTIONS 11-41-20, 11-41-30, AND 11-41-70, RELATING TO THE STATE GENERAL OBLIGATION ECONOMIC DEVELOPMENT BOND ACT, SO AS TO REVISE ITS FINDINGS, DEFINITIONS, AND NOTICE REQUIREMENTS TO ALLOW SUCH BONDS TO BE USED FOR INFRASTRUCTURE FOR A LIFE SCIENCES FACILITY IN A PROJECT IN WHICH IS INVESTED AT LEAST ONE HUNDRED MILLION DOLLARS AND AT WHICH AT LEAST TWO HUNDRED NEW JOBS ARE CREATED WITH AN ANNUAL CASH COMPENSATION AT LEAST TWICE PER CAPITA INCOME IN THE STATE AND PROVIDE THAT, WHILE INFRASTRUCTURE PROVIDED BY THESE BONDS MUST RELATE SPECIFICALLY TO THE PROJECT, SUCH INFRASTRUCTURE IS NOT REQUIRED TO BE LOCATED AT THE PROJECT, AND TO AMEND SECTION 11-41-120, RELATING TO FORMALITIES IN THE ISSUING OF THESE BONDS, SO AS TO REVISE THESE REQUIREMENTS.
Very respectfully,
Speaker of the House

Received as information.

Message from the House

Columbia, S.C., January 28, 2004

Mr. President and Senators:

The House respectfully informs your Honorable Body that it requests the return of the following Bill:

H. 3777 (Word version) -- Reps. Scott, Harrison, Simrill, J.E. Smith, J.H. Neal, Bales, Cotty, Govan, McLeod, Parks, Hosey, Duncan, Rutherford, Taylor, Whipper, Allen, Altman, Anthony, Bailey, Barfield, Battle, Bowers, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chellis, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Dantzler, Davenport, Delleney, Edge, Emory, Freeman, Gilham, Gourdine, Hagood, Hamilton, Harrell, Harvin, Haskins, Hayes, Herbkersman, J. Hines, Hinson, Howard, Huggins, Jennings, Kennedy, Kirsh, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Mack, Mahaffey, Martin, McGee, Merrill, Miller, Moody-Lawrence, J.M. Neal, Neilson, Ott, Owens, Perry, E.H. Pitts, Quinn, Rhoad, Rice, Sheheen, Richardson, Skelton, Rivers, Scarborough, Sinclair, D.C. Smith, F.N. Smith, J.R. Smith, W.D. Smith, Snow, Stewart, Stille, Talley, Thompson, Toole, Townsend, Tripp, Umphlett, Vaughn, Walker, Weeks, Wilkins and Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-13-1655 SO AS TO PROVIDE THAT THE STATE ELECTION COMMISSION SHALL ADOPT ONE VOTING SYSTEM TO BE USED TO CONDUCT ELECTIONS IN THIS STATE AND DEFINE "VOTING SYSTEM"; TO AMEND SECTION 7-13-1320, RELATING TO THE PROCUREMENT AND USE OF VOTE RECORDERS, SO AS TO RESTRICT THEIR USAGE ONLY IN ABSENTEE VOTING; TO AMEND SECTIONS 7-13-1330 AND 7-13-1620, BOTH AS AMENDED, RELATING TO THE VOTING MACHINE APPROVAL PROCESS, SO AS TO DELETE REFERENCES TO A MACHINE BEING APPROVED BY AN INDEPENDENT TESTING AUTHORITY; AND TO REPEAL SECTION 7-13-1310 RELATING TO THE USE OF VOTE RECORDERS, SECTION 7-13-1650 RELATING TO EXPERIMENTAL USE OF VOTING MACHINES, AND 7-13-1660 RELATING TO THE ACQUISITION AND USE OF APPROVED VOTING MACHINES BY A COUNTY OR MUNICIPALITY.
Very respectfully,
Speaker of the House

Received as information.

H. 3777--Senate Refused to Return the Bill

The Senate proceeded to a consideration of the message from the House, the question being the return of the Bill to the House as requested.

On motion of Senator RITCHIE, the Senate refused the return of H. 3777.

H. 3777--Recommitted

The Senate proceeded to a consideration of the Bill, the question being the concurrence in the House amendments.

Senator RITCHIE asked unanimous consent to recommit the Bill to the Committee on Judiciary.

There was no objection, the Bill was recommitted and a message was sent to the House accordingly.

CARRIED OVER

S. 356 (Word version) -- Senator Hutto: A BILL TO AMEND CHAPTER 1 OF TITLE 56 OF THE 1976 CODE BY ADDING SECTION 56-1-205 TO PROVIDE THAT THE DEPARTMENT, UPON REQUEST, MUST PLACE A NOTATION ON AN APPLICANT'S DRIVER'S LICENSE THAT THE APPLICANT IS HEARING IMPAIRED AND IF THE APPLICANT SUFFERS HEARING LOSS OF FORTY DECIBELS OR MORE; AND TO AMEND CHAPTER 3 OF TITLE 56 BY ADDING SECTION 56-3-1930 TO PROVIDE FOR IDENTIFICATION PLACARDS FOR HEARING IMPAIRED DRIVERS.

The House returned the Bill with amendments.

Senator HUTTO spoke on the Bill.

Senator McCONNELL spoke on the Bill.

RECESS

At 4:33 P.M., on motion of Senator MOORE, the Senate receded from business not to exceed three minutes, with Senator McCONNELL retaining the floor.

At 4:36 P.M., the Senate resumed.

Senator McCONNELL spoke on the Bill.

Senator MOORE asked unanimous consent to make a motion, with Senator McCONNELL retaining the floor, that the Bill be carried over, and the Senate would proceed under a regular Order of Business and upon completion of the Call of the Uncontested Calendar, the Senate would stand adjourned.

There was no objection and S. 356 was carried over.

HOUSE CONCURRENCES

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

Returned with concurrence.

Received as information.

S. 874 (Word version) -- Senator Ford: A CONCURRENT RESOLUTION EXPRESSING THE APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY FOR THE DISTINGUISHED CAREER OF SERVICE TO THE AFRICAN METHODIST EPISCOPAL CHURCH, HIS COMMUNITY, AND NATION OF BISHOP JOHN HURST ADAMS, SENIOR BISHOP OF THE AFRICAN METHODIST EPISCOPAL CHURCH, ON THE OCCASION OF HIS RETIREMENT AND JOINING HIS FAMILY, COLLEAGUES, AND MANY FRIENDS IN WISHING HIM YEARS OF GOOD HEALTH AND HAPPINESS TO ENJOY THE FRUITS OF HIS LABORS AND HIS MANY ACCOMPLISHMENTS.

Returned with concurrence.

Received as information.

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

Returned with concurrence.

Received as information.

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

Returned with concurrence.

Received as information.

S. 877 (Word version) -- Senator Ford: A CONCURRENT RESOLUTION TO RECOGNIZE THE MANY ACCOMPLISHMENTS OF AFRICAN METHODIST EPISCOPAL CHURCH BISHOP VERNON RANDOLPH BYRD UPON THE OCCASION OF HIS RETIREMENT AND WISHING HIM GOOD HEALTH AND MUCH HAPPINESS IN THE YEARS TO COME.

Returned with concurrence.

Received as information.

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

Returned with concurrence.

Received as information.

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

Returned with concurrence.

Received as information.

S. 880 (Word version) -- Senator Ford: A CONCURRENT RESOLUTION TO HONOR AND RECOGNIZE THE ACCOMPLISHMENTS OF BISHOP VINTON RANDOLPH ANDERSON UPON HIS RETIREMENT IN FEBRUARY, 2004, AND EXTEND BEST WISHES TO HIM ON HIS FUTURE ENDEAVORS.

Returned with concurrence.

Received as information.

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

Returned with concurrence.

Received as information.

THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.

THIRD READING BILL

The following Bill was read the third time and ordered sent to the House of Representatives:

S. 763 (Word version) -- Senators Ravenel, Knotts and Kuhn: A BILL TO AMEND SECTION 7-5-170, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPLICATIONS FOR VOTER REGISTRATION, SO AS TO DELETE THE REQUIREMENT THAT AN APPLICANT'S SOCIAL SECURITY NUMBER BE PLACED ON THE APPLICATION FORM.

AMENDED, CARRIED OVER

H. 4016 (Word version) -- Rep. Harrell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 5 TO CHAPTER 130, TITLE 59 SO AS TO ENACT THE "COLLEGE OF CHARLESTON ACADEMIC AND ADMINISTRATIVE FACILITIES BOND ACT" WHICH PRESCRIBES THE MANNER IN WHICH AND CONDITION UNDER WHICH THE COLLEGE OF CHARLESTON MAY ISSUE CERTAIN REVENUE BONDS FOR THE ACQUISITION OF ACADEMIC AND ADMINISTRATIVE BUILDINGS.

The Senate proceeded to a consideration of the Bill, the question being the third reading of the Bill.

Senator LEVENTIS proposed the following amendment (4016R003.PPL), which was adopted:

Amend the bill, as and if amended, page 5, by deleting SECTION 2 (lines 20-31) in its entirety.

Renumber sections to conform.

Amend title to conform.

Senator LEVENTIS explained the amendment.

The amendment was adopted.

On motion of Senator RITCHIE, with unanimous consent, the Bill was carried over, as amended.

ADOPTED

S. 862 (Word version) -- Senator Courson: A CONCURRENT RESOLUTION TO AUTHORIZE PALMETTO GIRLS STATE TO USE THE CHAMBERS OF THE SENATE AND THE HOUSE OF REPRESENTATIVES ON THURSDAY, JUNE 10, 2004, AND FRIDAY, JUNE 11, 2004.

The Concurrent Resolution was adopted, ordered sent to the House.

S. 865 (Word version) -- Senators Thomas, Fair and Anderson: A CONCURRENT RESOLUTION TO DECLARE WEDNESDAY, FEBRUARY 18, 2004, AS "SOUTH CAROLINA HOMETOWN DAY" IN ORDER TO RECOGNIZE AND HONOR THE MANY OUTSTANDING MUNICIPAL OFFICIALS IN OUR STATE.

The Concurrent Resolution was adopted, ordered sent to the House.

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 OFFICIALS IN SOUTH CAROLINA BY DECLARING THAT FEBRUARY 18, 2004, BE KNOWN AS "SOUTH CAROLINA HOMETOWN DAY" IN HONOR OF THEIR TIRELESS EFFORTS TO MAKE OUR CITIES AND TOWNS OUTSTANDING PLACES TO LIVE.

The Concurrent Resolution was adopted, ordered returned the House.

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.

The Concurrent Resolution was adopted, ordered returned the House.

OBJECTION

H. 3677 (Word version) -- Rep. Talley: A BILL TO AMEND SECTIONS 59-1-390, 59-1-448, 59-1-452, AS AMENDED, 59-5-61, 59-5-65, AS AMENDED, 59-5-140, 59-18-920, 59-20-40, AS AMENDED, 59-24-10, AS AMENDED, 59-24-130, 59-39-100, AS AMENDED, 59-54-20, AS AMENDED, 59-54-40, AS AMENDED, 59-54-50, 59-54-60, AND ARTICLE 21, CHAPTER 53, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, ALL RELATING TO VOCATIONAL EDUCATION, SO AS TO CHANGE REFERENCES FROM "VOCATIONAL EDUCATION", "VOCATIONAL TRAINING", "VOCATIONAL PROGRAMS", AND OTHERS TO "CAREER AND TECHNOLOGY EDUCATION", "CAREER AND TECHNOLOGY TRAINING", "CAREER AND TECHNOLOGY PROGRAMS", TO MAKE OTHER CORRESPONDING CHANGES, AND TO MAKE TECHNICAL CORRECTIONS.

The Senate proceeded to a consideration of the Bill, the question being the third reading of the Bill.

Amendment No. 9

Senator RANKIN proposed the following Amendment No. 9 (3677R004.LAR), which was tabled:

Amend the bill, as and if amended, by adding appropriately numbered SECTIONS to read:

/   SECTION   ___.   A statewide nonbinding referendum must be held at the time of the 2004 general election to ascertain the wishes of the qualified electors of this State as to whether the State of South Carolina should have a uniform starting date for all public schools not before Labor Day of each year. The State Election Commission shall place the question contained in Section 2 on the general election ballot in November 2004. The state election laws shall apply to this referendum, mutatis mutandis. The State Board of Canvassers shall certify the results of the referendum to the Governor, the Speaker of the House, and the President of the Senate.

SECTION   ___.   The question put before the qualified electors at the 2004 referendum must read as follows:

"Do you favor the State of South Carolina establishing a uniform starting date for all public schools not before Labor Day of each year?

  Yes   []

No   []

Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."   /

Renumber sections to conform.

Amend title to conform.

Senator RANKIN explained the amendment.

Senator HAYES moved to lay the amendment on the table.

The amendment was laid on the table.

Senator RANKIN objected to further consideration of the Bill.

MOTION ADOPTED

On motion of Senator FAIR, with unanimous consent, the Senate stood adjourned out of respect to the memory of Dr. Gordon W. Blackwell, age 92, of Greenville, S.C., former President of Furman University, his alma mater. Dr. Blackwell led Florida State University and Furman University through integration during the 1960's.

ADJOURNMENT

At 5:02 P.M., on motion of Senator MOORE, the Senate adjourned to meet tomorrow at 11:00 A.M.

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