Indicates Matter Stricken
Indicates New Matter

The House assembled at 10:00 A.M.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark, as follows:

Father God, thank You for bringing us to another day. We are grateful for Your loving care that has watched over us and for the blessings so graciously given. Enable us to face the future in confidence that You will continue to provide for our needs. May this day be one of increased faith in You. Forgive us of our frequent grumbling. Instead give us thankful hearts as we observe Your blessings each day. May Your teachings be a light to our paths as we go into the business that awaits us.
To You, Lord, we give our praise and thanksgiving. Amen.

Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.

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

Rep. BAILEY moved that when the House adjourns, it adjourn in memory of Star Amanda Bardin Weathers of St. George, which was agreed to.

The following was received.

January 28, 1999
Hon. David H. Wilkins, Speaker
SC House of Representatives
PO Box 11867
Columbia, SC 29211

This letter is official notification of my resignation as State Representative for House District 91 effective Friday, January 29, 1999. I have accepted the position of Director of Constituent Services in Governor Hodges administration.

Please know that I consider it an honor and a privilege to have had the opportunity to serve in the House. It was one of the most challenging and rewarding experiences of my life.

It is my hope that you and the other members of the House will not hesitate to be in touch if I can ever be of assistance. Thanks for everything. With every good wish, I am

Sincerely,
Wilbur L. Cave, Member
SC House of Representatives, District 91

Received as information.

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

Document No. 2410
Agency: Department of Labor, Licensing and Regulation - Office of State Fire Marshal
Statutory Authority: 1976 Code Section 23-9-60
Fire Prevention and Life Safety Regarding Buildings, Use of Hazardous Substances, Explosives, Service Stations, Liquefied Petroleum Gas, Tents, Grandstands and Air Supported Structures, Fire Extinguishers, Local Detention Facilities, and Proximate Audience Pyrotechnics
Received by Speaker of the House of Representatives January 28, 1999
Referred to House Committee on Medical, Military, Public and Municipal Affairs
Legislative Review Expiration May 28, 1999

Document No. 2411
Agency: Department of Labor, Licensing and Regulation
Statutory Authority: 1976 Code Section 41-16-40
Elevator Safety - Definition of "Serious Injury"

Document No. 2412
Agency: Department of Labor, Licensing and Regulation - Office of Amusement Ride Safety
Statutory Authority: 1976 Code Section 41-18-120
Amusement Ride Safety
Received by Speaker of the House of Representatives January 28, 1999
Referred to House Committee on Labor, Commerce and Industry
Legislative Review Expiration May 28, 1999

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

S. 197 (Word version) --Senators Courson and Giese: A CONCURRENT RESOLUTION TO DECLARE JANUARY 16, 1999, AS THE CHILDREN'S CENTER FOR CANCER AND BLOOD DISORDERS AT PALMETTO RICHLAND MEMORIAL HOSPITAL DAY IN SOUTH CAROLINA.
Ordered for consideration tomorrow.

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

H. 3336 (Word version) -- Reps. M. Hines, McGee, McKay, J. Hines and Askins: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE CHURCH STREET BRIDGE BETWEEN WEST DARLINGTON STREET AND EAST CHEVES STREET IN THE CITY OF FLORENCE IN HONOR OF DR. MARTIN LUTHER KING, JR., AND TO ERECT APPROPRIATE MARKERS OR SIGNS REFLECTING THIS DESIGNATION.
Ordered for consideration tomorrow.

The following was introduced:

H. 3397 (Word version) -- Reps. Phillips and McCraw: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION INSTALL ELECTRONIC TRAFFIC SIGNALS AT THREE LOCATIONS IN CHEROKEE COUNTY BY JULY 1, 1999.
The Concurrent Resolution was ordered referred to the Committee on Education and Public Works.

The Senate sent to the House the following:

S. 413 (Word version) --Senators Elliott, Saleeby, Peeler and Giese: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE NEW WATEREE RIVER BRIDGE LOCATED ON UNITED STATES HIGHWAYS 1 AND 601 BETWEEN CAMDEN AND LUGOFF IN HONOR OF COMMISSIONER BOBBY T. JONES.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

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

S. 21 (Word version) --Senators Leventis, Branton, McConnell, Rankin and Reese: A BILL TO AMEND SECTION 47-1-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ILL-TREATMENT OF ANIMALS, SO AS TO, AMONG OTHER THINGS, CHANGE VARIOUS PENALTIES, INCLUDING MAKING CERTAIN MISDEMEANOR OFFENSES FELONIES AND ALLOW CERTAIN FIRST OFFENSE VIOLATIONS TO BE TRIED IN MUNICIPAL COURT.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs

S. 27 (Word version) --Senator Leventis: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 47-1-210 SO AS TO MAKE IT UNLAWFUL TO GIVE AWAY A

S. 60 (Word version) --Senator Ford: A BILL TO AMEND SECTION 53-5-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LEGAL HOLIDAYS, SO AS TO PROVIDE THAT MARTIN LUTHER KING'S BIRTHDAY AND CONFEDERATE MEMORIAL DAY SHALL BE REGULAR, RATHER THAN OPTIONAL, HOLIDAYS; TO DELETE REFERENCES TO ROBERT E. LEE'S BIRTHDAY AND JEFFERSON DAVIS' BIRTHDAY AS HOLIDAYS; AND TO MAKE GENERAL ELECTION DAY AN OPTIONAL, RATHER THAN REGULAR, HOLIDAY.
Referred to Committee on Judiciary

S. 44 (Word version) --Senators Jackson, Elliott, Wilson, Washington and Reese: A BILL TO AMEND ARTICLE 3, CHAPTER 3, TITLE 23, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CRIMINAL INFORMATION AND COMMUNICATION SYSTEM, BY ADDING SECTION 23-3-115, SO AS TO PROVIDE THAT THE STATE LAW ENFORCEMENT DIVISION SHALL CHARGE A FEE NOT TO EXCEED EIGHT DOLLARS FOR A CRIMINAL RECORD SEARCH CONDUCTED PURSUANT TO THIS ARTICLE AND RELATED REGULATIONS CONTAINED IN SUBARTICLE 1, ARTICLE 3, CHAPTER 73 OF THE CODE OF REGULATIONS, IF THE CRIMINAL RECORD SEARCH IS CONDUCTED FOR A CHARITABLE ORGANIZATION OR FOR THE USE OF A CHARITABLE ORGANIZATION.
Referred to Committee on Judiciary

S. 127 (Word version) --Senator Passailaigue: A BILL TO AMEND SECTION 61-4-510, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIAL RETAIL BEER AND WINE PERMITS, SO AS TO PROVIDE THAT THE FEES COLLECTED MAY BE USED FOR AFFORDABLE HOUSING INITIATIVES; AND TO

H. 3391 (Word version) -- Reps. Harris, Jennings and Hayes: A BILL TO AMEND SECTION 47-20-140, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE NOTICE AND PUBLIC HEARING REQUIREMENTS FOR THE CONSTRUCTION OR EXPANSION OF ANIMAL FEEDING OPERATIONS, SO AS TO PROVIDE EXPANDED NOTICE REQUIREMENTS THAT WILL APPLY TO AN ANIMAL FEEDING OPERATION OF ANY SIZE CAPACITY AND TO FURTHER PROVIDE THE DEPARTMENT SHALL CONDUCT A PUBLIC HEARING FOR ANY ANIMAL FEEDING OPERATION APPLICATION.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs

H. 3392 (Word version) -- Reps. Gamble, Knotts, Whatley, Koon, Harrison and Riser: A BILL TO AMEND SECTION 23-11-110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE QUALIFICATIONS NECESSARY TO OFFER AS A CANDIDATE FOR SHERIFF, SO AS TO PROVIDE THAT SERVICE AS A CORONER FOR TEN YEARS SATISFIES THE SAME REQUIREMENT AS TEN YEARS OF SERVICE AS A SUMMARY COURT JUDGE.
Referred to Committee on Judiciary

H. 3393 (Word version) -- Reps. Law, H. Brown and Young-Brickell: A BILL TO AMEND CHAPTER 23, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WATERCRAFT AND MOTOR TITLING, BY ADDING SECTION 50-23-295 SO AS TO PROVIDE THAT A CERTIFICATE OF TITLE TO WATERCRAFT MAY NOT BE TRANSFERRED IF THE DEPARTMENT OF NATURAL RESOURCES HAS NOTICE THAT PROPERTY TAXES ARE OWED ON THE WATERCRAFT OR OUTBOARD MOTOR.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs

H. 3395 (Word version) -- Reps. Inabinett, Moody-Lawrence, Bailey, G. Brown, Gourdine, Martin, Altman, Hamilton, Phillips, Breeland, Woodrum, Lloyd, Mack, Chellis, Rodgers, Rhoad, Fleming, Taylor and Rutherford: A BILL TO AMEND SECTION 2-1-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ELECTION DATE FOR MEMBERS OF THE HOUSE OF REPRESENTATIVES, SO AS TO PROVIDE THE ELECTION DATE IS THE TUESDAY AFTER THE FIRST MONDAY IN NOVEMBER OF EVERY OTHER EVEN-NUMBERED YEAR; TO AMEND SECTION 2-1-40, RELATING TO THE TERM OF OFFICE FOR THE HOUSE OF REPRESENTATIVES, SO AS TO PROVIDE THE TERM IS FOUR YEARS; TO ADD SECTION 2-1-70 SO AS TO PROVIDE THAT THE TERM OF OFFICE FOR THE SENATE IS SIX YEARS.
Referred to Committee on Judiciary

H. 3396 (Word version) -- Reps. Bowers and W. McLeod: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-6-93 SO AS TO PROVIDE THAT THE DEPARTMENT OF PUBLIC SAFETY SHALL NOT SELL PHOTOGRAPHS OR DIGITIZED IMAGES CONTAINED IN A PERSON'S DRIVER'S LICENSE RECORD, AND TO DELETE PARAGRAPH 36.12, SECTION 36, PART IB OF ACT 419 OF 1998 WHICH AUTHORIZES THE SALE OF SUCH ITEMS.
Rep. BOWERS asked unanimous consent to have the Bill placed on the Calendar without reference.
Rep. T. BROWN objected.
Referred to Committee on Education and Public Works

H. 3398 (Word version) -- Reps. Robinson, Kelley, Simrill, H. Brown, Sandifer, Fleming, Easterday, McKay, Rice, Leach, D. Smith, Hamilton,

H. 3399 (Word version) -- Reps. Robinson, Simrill, Sandifer, Rice, Vaughn, Leach, Kelley, Barrett, D. Smith, Haskins and Littlejohn: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 10-1-181 SO AS TO PROHIBIT THE NAMING OF PUBLIC PROPERTY PURCHASED OR CONSTRUCTED WITH STATE FUNDS OR OWNED BY THE STATE FOR A LIVING PERSON OR A PERSON WHO HAS BEEN DECEASED FOR LESS THAN ONE YEAR.
Referred to Committee on Ways and Means

H. 3400 (Word version) -- Reps. Robinson, Easterday, Kelley, Sandifer, Battle, Littlejohn, Fleming, Trotter, Simrill, D. Smith, Haskins, Vaughn, Miller, Law, Leach, Barrett and Harrison: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-15-455 SO AS TO PROVIDE THAT NO PERSON WHO HAS BEEN CONVICTED OF OR PLED GUILTY OR NOLO CONTENDERE TO CERTAIN SPECIFIED CRIMINAL OFFENSES INVOLVING MINORS MAY ENTER THE GROUNDS OR BUILDINGS OF AN ELEMENTARY OR SECONDARY SCHOOL OR COME WITHIN A ONE HUNDRED-YARD RADIUS OF THE SCHOOL EXCEPT UNDER CERTAIN CONDITIONS, AND TO PROVIDE PENALTIES FOR VIOLATION.
Referred to Committee on Judiciary

H. 3401 (Word version) -- Reps. Robinson, Barrett, Kelley, Simrill, Rice, McKay, Easterday, Law, Littlejohn, D. Smith, Wilkes, Harrison, Haskins, Leach, Trotter, Hinson, Battle, Dantzler, Vaughn and Miller: A BILL

H. 3402 (Word version) -- Reps. Robinson, Kelley, Easterday, H. Brown, Sandifer, Law, Fleming, Trotter, Hinson, Simrill, Rice, McKay, Vaughn, Leach, Barrett and Klauber: A BILL TO AMEND SECTION 34-31-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LEGAL RATE OF INTEREST ON ACCOUNTS AND ON MONETARY DECREES AND JUDGMENTS, SO AS TO REVISE THE LEGAL RATE OF INTEREST ON MONETARY DECREES AND JUDGMENTS.
Referred to Committee on Judiciary

H. 3403 (Word version) -- Reps. Robinson, Kelley, H. Brown, Easterday, Littlejohn, Sandifer, Vaughn, Leach, Law, Rice, Fleming, Trotter, Klauber, McKay, Simrill, Hinson and Barrett: A BILL TO AMEND SECTION 34-31-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LEGAL RATE OF INTEREST, SO AS TO ESTABLISH THE LEGAL INTEREST RATE AT THE PRIME RATE; TO PROVIDE THAT THE RATE FOR MONEY DECREES AND JUDGMENTS IS THE PRIME RATE PLUS ONE PERCENT; AND TO PROVIDE HOW THE PRIME RATE IS TO BE CALCULATED.
Referred to Committee on Judiciary

H. 3404 (Word version) -- Rep. Cave: A BILL TO PROVIDE FOR NONPARTISAN ELECTIONS FOR MEMBERS OF THE ALLENDALE COUNTY BOARD OF EDUCATION TO BE HELD AT THE TIME OF THE GENERAL ELECTION BEGINNING IN 2000; TO PROVIDE PROCEDURES WHEREBY A PERSON MAY DECLARE HIS CANDIDACY AND WHEREBY THE ELECTIONS ARE CONDUCTED AND RESULTS DETERMINED; TO PROVIDE FOR THE GENERAL POWERS AND DUTIES OF THE BOARD;

H. 3405 (Word version) -- Reps. Carnell, Wilder, Klauber, Taylor and Parks: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-6-92 SO AS TO PROVIDE THAT THE DEPARTMENT OF PUBLIC SAFETY MAY NOT ENTER INTO CONTRACTS TO PROVIDE COPIES OF PHOTOGRAPHY, ELECTRONICALLY STORED INFORMATION, STORED PHOTOGRAPHS, OR DIGITIZED IMAGES.
Referred to Committee on Education and Public Works

The following was introduced:

H. 3406 (Word version) -- Reps. H. Brown, Allen, Allison, Altman, Askins, Bailey, Bales, Barfield, Barrett, Battle, Bauer, Beck, Bowers, Breeland, Campsen, Canty, Carnell, Cato, Cave, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, D. Smith, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, F. Smith, Fleming, G. Brown, Gamble, Gilham, Gourdine, Govan, Hamilton, Harrell, Harris, Harrison, Harvin, Haskins, Hawkins, Hayes, Hinson, Howard, Inabinett, J. Brown, J. Hines, J. Smith, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, M. Hines, M. McLeod, Mack, Maddox, Martin, Mason, McCraw, McGee, McKay, McMahand, Meacham, Miller, Moody-Lawrence, Neal, Neilson, Ott, Parks, Phillips, Pinckney, Quinn, R. Smith, Rhoad, Rice, Riser, Robinson, Rodgers, Rutherford, Sandifer, Scott, Seithel, Sharpe, Sheheen, Simrill, Spearman, Stille, Stuart, T. Brown, Taylor, Townsend, Tripp, Trotter, Vaughn, W. McLeod, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum and Young-Brickell: A HOUSE RESOLUTION TO RECOGNIZE THE SOUTH CAROLINA STATE PORTS AUTHORITY FOR ITS OUTSTANDING CONTRIBUTIONS TO THE ECONOMY OF THIS STATE, FOR THE SIGNIFICANT ROLE IT HAS PLAYED IN ADVANCING SOUTH CAROLINA'S POSITION IN THE GLOBAL ECONOMY, AND FOR ITS LEADERSHIP AND VISION AS OUR STATE MOVES FORWARD INTO THE TWENTY-FIRST CENTURY.
The Resolution was adopted.

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

Allen                  Allison                Altman
Askins                 Bailey                 Bales
Barfield               Barrett                Battle
Bauer                  Beck                   Bowers
Breeland               Brown G.               Brown H.
Brown J.               Brown T.               Campsen
Canty                  Carnell                Cato
Cave                   Chellis                Clyburn
Cobb-Hunter            Cooper                 Cotty
Dantzler               Davenport              Delleney
Easterday              Edge                   Emory
Fleming                Gamble                 Gilham
Gourdine               Govan                  Hamilton
Harrell                Harris                 Harrison
Harvin                 Haskins                Hawkins
Hayes                  Hines J.               Hines M.
Hinson                 Howard                 Inabinett
Jennings               Keegan                 Kelley
Kennedy                Kirsh                  Klauber
Knotts                 Koon                   Lanford
Law                    Leach                  Lee
Limehouse              Littlejohn             Lloyd
Loftis                 Lourie                 Lucas
Mack                   Maddox                 Martin
Mason                  McCraw                 McGee
McKay                  McLeod M.              McLeod W.
McMahand               Meacham                Miller
Moody-Lawrence         Neal                   Neilson
Ott                    Parks                  Phillips
Quinn                  Rhoad                  Rice
Riser                  Robinson               Rodgers
Rutherford             Sandifer               Scott
Seithel                Sharpe                 Sheheen
Simrill                Smith D.               Smith J.
Smith R.               Spearman               Stille
Stuart                 Taylor                 Townsend
Tripp                  Trotter                Vaughn
Walker                 Webb                   Whipper

Wilder                 Wilkes                 Wilkins
Witherspoon            Woodrum                Young-Brickell

I came in after the roll call and was present for the Session on Thursday, January 28.

Clementa Pinckney

Announcement was made that Dr. 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. 3158 (Word version)
Date:     ADD:
01/28/99   KIRSH

Bill Number:   H. 3158 (Word version)
Date:     ADD:
01/28/99   BALES

Bill Number:   H. 3158 (Word version)
Date:     ADD:
01/28/99   JENNINGS

Bill Number:   H. 3158 (Word version)
Date:     ADD:
01/28/99   M. HINES

Bill Number:   H. 3158 (Word version)
Date:     ADD:
01/28/99   NEILSON

Bill Number:   H. 3158 (Word version)
Date:     ADD:
01/28/99   KENNEDY

Bill Number:   H. 3158 (Word version)
Date:     ADD:
01/28/99   COBB-HUNTER

Bill Number:   H. 3158 (Word version)
Date:     ADD:
01/28/99   OTT

Bill Number:   H. 3243 (Word version)
Date:     ADD:
01/28/99   HARRISON

Bill Number:   H. 3243 (Word version)
Date:     ADD:
01/28/99   BAUER

Bill Number:   H. 3243 (Word version)
Date:     ADD:
01/28/99   BALES

Bill Number:   H. 3243 (Word version)
Date:     ADD:
01/28/99   KLAUBER

Bill Number:   H. 3243 (Word version)
Date:     ADD:
01/28/99   TAYLOR

Bill Number:   H. 3243 (Word version)
Date:     ADD:
01/28/99   HARRELL

Bill Number:   H. 3243 (Word version)
Date:     ADD:
01/28/99   GILHAM

Bill Number:   H. 3243 (Word version)
Date:     ADD:
01/28/99   RODGERS

Bill Number:   H. 3276 (Word version)
Date:     REMOVE:
01/28/99   HINSON

Rep. CAVE made a statement relative to his resignation as a member of the House of Representatives.

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

H. 3350 (Word version) -- Rep. Altman: A BILL TO AMEND SECTION 7-7-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN CHARLESTON COUNTY, SO AS TO PROVIDE THAT THE PRECINCT NAMED JOHNS ISLAND 5A IS RENAMED KIAWAH ISLAND AND THE PRECINCT NAMED JOHNS ISLAND 5B IS RENAMED TOWN OF SEABROOK.

H. 3362 (Word version) -- Reps. Neilson, Lucas and J. Hines: A JOINT RESOLUTION TO PROVIDE THAT UP TO THREE SCHOOL DAYS MISSED BY STUDENTS OF THE DARLINGTON COUNTY SCHOOL DISTRICT IN DARLINGTON COUNTY FOR SCHOOL YEAR 1998-99 WHEN THEIR SCHOOLS WERE CLOSED DUE TO HURRICANE CONDITIONS OR DUE TO THEIR SCHOOLS BEING USED AS EVACUATION LOCATIONS DURING HURRICANE 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.

The following Bill was taken up:

H. 3108 (Word version) -- Reps. Wilkins, Knotts, Altman, Inabinett, Stuart, Leach, R. Smith, Witherspoon, Hamilton, Simrill, Campsen, Klauber, Sandifer, Vaughn, Law, Hawkins, Harrison, Keegan, D. Smith, Kirsh, Wilder, Robinson, Askins, Woodrum, Phillips, Harrell, Lucas, Barrett, Young-Brickell, Hinson, Bailey, Allison, Cato, Walker, Mason, Rodgers, Gilham, Maddox, Rhoad, Meacham and Littlejohn: A BILL TO AMEND TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRIMES AND OFFENSES BY ADDING CHAPTER 2 SO AS TO PROVIDE ADVISORY SENTENCING GUIDELINES; TO AMEND SECTION 16-1-10, AS AMENDED,

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

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

H. 3184 (Word version) -- Reps. Townsend and Robinson: A BILL TO AMEND SECTION 1-23-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GENERAL ASSEMBLY REVIEW OF REGULATIONS, SO AS TO PROVIDE THAT A REGULATION NOT APPROVED OR DISAPPROVED WITHIN TWO YEARS OF BEING SUBMITTED FOR GENERAL ASSEMBLY REVIEW MUST BE REFILED BY THE PROMULGATING AGENCY AS A NEW REGULATION IN ACCORDANCE WITH THE ADMINISTRATIVE PROCEDURES ACT.
Rep. EASTERDAY explained the Bill.

H. 3174 (Word version) -- Rep. Simrill: A BILL TO AMEND SECTION 45-1-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A PERSON WHO DEFRAUDS A HOTEL, MOTEL, INN, BOARDING HOUSE, ROOMING HOUSE, CAFE, OR RESTAURANT OWNER AND THE PENALTIES, SO AS TO ADD CAMPGROUND TO THE LISTED LODGING ACCOMMODATIONS AND TO PROVIDE A DEFINITION OF 'CAMPGROUND'.
Rep. KLAUBER explained the Bill.

H. 3261 (Word version) -- Rep. Harrison: A JOINT RESOLUTION TO REPEAL THE RESOLUTION ENACTED ON DECEMBER 19, 1843, GRANTING EXCLUSIVE USE OF MARSH AND MARSHLANDS LOCATED AT OR NEAR THE NORTHEAST END OF SULLIVAN'S ISLAND TO DAVID TRUESDELL FOR USE AS A

H. 3302 (Word version) -- Rep. Easterday: A BILL TO AMEND SECTION 12-36-90, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF "GROSS PROCEEDS OF SALES" FOR PURPOSES OF THE SALES AND USE TAX, SO AS TO PROVIDE FOR AN EXEMPTION FOR CONSUMER AUTOMOBILE LEASES WHEN THE AUTOMOBILE IS PURCHASED UNDER CERTAIN CIRCUMSTANCES.
Rep. EASTERDAY explained the Bill.

H. 3341 (Word version) -- Reps. Cato and Mason: A BILL TO AMEND SECTION 38-73-910, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC NOTICES AND PUBLIC HEARINGS FOR CERTAIN RATE INCREASES IN INSURANCE LINES SO AS TO FURTHER PROVIDE FOR THESE NOTICES AND HEARINGS AND REVISE AND CLARIFY THE PUBLIC HEARING AND PUBLIC NOTICE REQUIREMENTS FOR AUTOMOBILE INSURANCE RATE FILINGS MADE PURSUANT TO ACT 154 OF 1997 WHICH REVISED THE LAWS OF THIS STATE PERTAINING TO AUTOMOBILE INSURANCE; TO EXPRESS THE INTENT OF THE GENERAL ASSEMBLY THAT SPECIFIED PROVISIONS OF ACT 154 OF 1997 APPLY TO RATE FILINGS MADE PURSUANT TO ACT 154 OF 1997 REGARDLESS OF WHETHER SUCH PRIVATE PASSENGER AUTOMOBILE INSURANCE RATE FILINGS ARE FILED WITH THE DEPARTMENT OF INSURANCE PRIOR TO MARCH 1, 1999, AND TO FURTHER PROVIDE FOR THE APPLICABILITY OF SPECIFIED PROVISIONS OF ACT 154 OF 1997.
Rep. Cato explained the Bill.

On motion of Rep. EASTERDAY, with unanimous consent, it was ordered that H. 3184 (Word version) be read the third time tomorrow.

On motion of Rep. KLAUBER, with unanimous consent, it was ordered that H. 3174 (Word version) be read the third time tomorrow.

On motion of Rep. COTTY, with unanimous consent, it was ordered that H. 3261 (Word version) be read the third time tomorrow.

On motion of Rep. EASTERDAY, with unanimous consent, it was ordered that H. 3302 (Word version) be read the third time tomorrow.

Rep. EASTERDAY asked unanimous consent that H. 3341 (Word version) be read a third time tomorrow.
Rep. SHEHEEN objected.

The following Bill was taken up:

H. 3062 (Word version) -- Rep. Kirsh: A BILL TO AMEND CHAPTER 11 OF TITLE 34, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BANK DEPOSITS, BY ADDING SECTION 34-11-140 SO AS TO AUTHORIZE A STATE AGENCY TO ESTABLISH, COLLECT, AND RETAIN A FINE TO COVER THE COST OF COLLECTING A DISHONORED CHECK.

The Judiciary Committee proposed the following Amendment No.1 (Doc Name \COUNCIL\DKA\AMEND\3167MM99):
Amend the bill, as and if amended, by striking Section 34-11-140 as contained in SECTION 1 and inserting:
/"Section 34-11-140. A state agency must attempt to collect a dishonored check returned to the agency as provided by Section

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

The following Bill was taken up:

H. 3181 (Word version) -- Rep. Klauber: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 24-27-125 SO AS TO PROVIDE THAT A PRISONER SHALL NOT INITIATE A CIVIL ACTION OR APPEAL A JUDGMENT UNDER CERTAIN CIRCUMSTANCES; BY ADDING SECTION 24-27-160 SO AS TO PROVIDE THAT A COMPLAINT FILED BY A PRISONER MUST CONTAIN HIS INMATE NUMBER; BY ADDING SECTION 24-27-131 SO AS TO PROVIDE THAT A COURT MAY DISMISS CERTAIN CIVIL ACTIONS AGAINST A WITNESS OR VICTIM WHEN A PRISONER FAILS TO PAY CERTAIN FILING FEES AND COURT COSTS; TO AMEND SECTION 24-27-200, RELATING TO FORFEITURE OF WORK, EDUCATION, OR GOOD CONDUCT CREDITS, SO AS TO REVISE THE TYPE OF CASES IN WHICH A PRISONER SHALL FORFEIT ALL OR PART OF HIS WORK, EDUCATION, OR GOOD CONDUCT CREDITS; AND TO AMEND SECTION 24-27-300, RELATING TO HOLDING A PRISONER IN CONTEMPT OF COURT, SO AS TO REVISE THE CIRCUMSTANCES UPON WHICH A PRISONER MAY BE HELD IN CONTEMPT OF COURT AND TO PROVIDE THAT THE DEPARTMENT OF CORRECTIONS AND THE INSURANCE RESERVE FUND SHALL MAINTAIN A DATA BASE OF PRISONERS WHO FILE CIVIL ACTIONS.

The Judiciary Committee proposed the following Amendment No.1 (Doc Name \COUNCIL\GGS\AMEND\22133CM99):
Amend the bill, as and if amended, by striking Section 1, as contained on page 1, in its entirety.
Renumber sections to conform.
Amend title to conform.

Rep. KLAUBER explained the amendment.

Rep. H. 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 sustained the Point of Order.

On motion of Rep. SHARPE, with unanimous consent, the following Bill was ordered recalled from the Committee on Labor, Commerce and Industry and was referred to the Committee on Agriculture, Natural Resources and Environmental Affairs:

H. 3345 (Word version) -- Reps. Sharpe and Witherspoon: A BILL TO AMEND SECTION 50-11-390, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TAKING OF ANTLERLESS DEER, SO AS TO PROVIDE THAT THE DEPARTMENT OF NATURAL RESOURCES MAY ISSUE INDIVIDUAL TAGS FOR TAKING ANTLERLESS DEER STATEWIDE EXCEPT ON PROPERTIES RECEIVING ANTLERLESS DEER QUOTA PERMITS.

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

Rep. TROTTER moved that the House recur to the morning hour, which was agreed to.

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

H. 3407 (Word version) -- Reps. Limehouse, Vaughn, Mack, Sharpe, Inabinett, Rhoad, Whipper, Webb, J. Smith and McMahand: A BILL TO AMEND SECTION 47-1-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ILL-TREATMENT OF ANIMALS, SO AS TO REVISE THE PENALTY, AND TO DELETE THE REQUIREMENT THAT PROVIDES THAT A FIRST OFFENSE FOR CERTAIN CRIMES SHALL BE TRIED IN MAGISTRATE'S OR MUNICIPAL COURT.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs

H. 3408 (Word version) -- Reps. Limehouse, Whipper, J. Smith, Seithel, Loftis, Hamilton, Lee, Fleming and McMahand: A BILL TO AMEND SECTION 12-36-2120, AS AMENDED, CODE OF LAWS SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM THE STATE SALES TAX, SO AS TO EXEMPT THE GROSS PROCEEDS OF SALES OR SALES PRICE OF SCHOOL SUPPLIES, SCHOOL CLOTHES, AND OTHER SCHOOL-RELATED ITEMS SOLD TO CONSUMERS PREPARATORY TO THE START OF A NEW ACADEMIC YEAR DURING THE LAST TWO WEEKS OF AUGUST AND THE FIRST TWO WEEKS OF SEPTEMBER EACH YEAR.
Referred to Committee on Ways and Means

H. 3409 (Word version) -- Reps. Limehouse, Sharpe and R. Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-2405 SO AS TO PROVIDE THAT IT IS ILLEGAL TO IMPORT, BUY, OR SELL THE PELT OR AN ITEM MADE FROM THE PELT OF A DOMESTICATED OR FERAL CAT OR DOG, AND TO PROVIDE A PENALTY.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs

H. 3410 (Word version) -- Reps. Limehouse, Inabinett, J. Smith, Cooper, Mason, Whipper, T. Brown, Mack, McCraw, Rhoad, Davenport, R. Smith and Pinckney: A BILL TO AMEND SECTION 20-7-490, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976,

H. 3411 (Word version) -- Rep. W. McLeod: A BILL TO AMEND SECTION 56-5-6240, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FORFEITURE, CONFISCATION, AND DISPOSITION OF VEHICLES SEIZED FROM A PERSON CONVICTED OF DRIVING UNDER THE INFLUENCE OF INTOXICATING LIQUOR OR DRUGS, OR WHILE HIS LICENSE IS SUSPENDED, SO AS TO REVISE THE PROCEDURE TO DISPOSE OF A FORFEITED VEHICLE IF THE CONVICTED PERSON FAILS TO FILE AN APPEAL WITHIN TEN DAYS OF HIS CONVICTION; TO PROVIDE THAT A SHERIFF OR CHIEF OF POLICE MAY CONTRACT WITH A PRIVATE ATTORNEY TO PROVIDE HIM WITH REPRESENTATION IN A VEHICLE FORFEITURE PROCEEDING; AND TO PROVIDE THAT ATTORNEY COSTS MUST BE PAID FROM THE PROCEEDS FROM THE VEHICLE'S SALE DURING THE AUCTION.
Referred to Committee on Judiciary

H. 3412 (Word version) -- Reps. Davenport, Hawkins, Walker, Allison, D. Smith, Littlejohn and Lee: A BILL TO AMEND ACT 1189 OF 1958, AS AMENDED, RELATING TO THE BOILING SPRINGS FIRE DISTRICT OF SPARTANBURG COUNTY, SO AS TO INCREASE THE FIRE CONTROL BOARD FROM FIVE TO SEVEN MEMBERS.
On motion of Rep. DAVENPORT, the Bill was ordered placed on the calendar without reference.

H. 3413 (Word version) -- Reps. Maddox, Neal, Allen, Lloyd and Rutherford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-270 SO AS TO PROVIDE THAT A PERSON PARTICIPATING IN A HEALTH

H. 3414 (Word version) -- Rep. Altman: A BILL TO AMEND SECTION 2-19-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MEMBERSHIP OF THE JUDICIAL MERIT SELECTION COMMISSION, SO AS TO MAKE A TECHNICAL CHANGE AND PROVIDE THAT NO MEMBER IS ELIGIBLE TO SEEK JUDICIAL OFFICE WHILE SERVING ON THE COMMISSION AND FOR ONE YEAR THEREAFTER; TO AMEND SECTION 2-19-20, AS AMENDED, RELATING TO THE RESPONSIBILITY OF THE COMMISSION TO INVESTIGATE THE QUALIFICATIONS OF CANDIDATES AND TO PUBLICIZE VACANCIES IN JUDICIAL OFFICES, SO AS TO MAKE TECHNICAL CHANGES TO CLARIFY THAT PERSONS DO NOT SEEK TO BE NOMINATED BY THE COMMISSION BUT, RATHER, SEEK JUDICIAL OFFICE AND TO PROVIDE THAT A PERSON MAY APPLY AS A CANDIDATE FOR ONLY ONE JUDICIAL VACANCY ANNOUNCED IN THE COMMISSION'S NOTICE OF VACANCIES; TO AMEND SECTION 2-19-30, AS AMENDED, BY ADDING A PROVISION THAT, WHEN THE COMMISSION FINDS A CANDIDATE UNQUALIFIED, THE CANDIDATE MUST BE FURNISHED A COPY OF THE COMMISSION'S REPORT CONCERNING HIS QUALIFICATIONS, AND TO PROVIDE FURTHER THAT THE REPORT MUST BE KEPT CONFIDENTIAL; TO AMEND SECTION 2-19-35, AS AMENDED, RELATING TO THE CRITERIA CONSIDERED BY THE COMMISSION IN DETERMINING THE QUALIFICATIONS OF CANDIDATES FOR JUDICIAL OFFICE, SO AS TO MAKE A TECHNICAL CHANGE BY DELETING THE TERM "NOMINATION"; TO AMEND SECTION 2-19-70, AS AMENDED, RELATING TO THE PRIVILEGE OF THE FLOOR IN EITHER HOUSE OF THE

H. 3415 (Word version) -- Reps. Bailey, Walker and Sandifer: A BILL TO AMEND SECTION 40-57-100, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REAL ESTATE BROKERS, SALESMEN, AND PROPERTY MANAGERS AND THE EDUCATIONAL REQUIREMENTS WHICH ARE CONDITIONAL TO AN APPLICATION FOR LICENSURE, SO AS TO PROVIDE THAT FOR A SALESMAN'S LICENSE THE APPLICANT FOR LICENSURE MUST COMPLETE SIXTY, RATHER THAN THIRTY, HOURS OF CLASSROOM INSTRUCTION IN FUNDAMENTALS OF REAL ESTATE PRINCIPLES AND PRACTICES ON EVIDENCE, AND TO PROVIDE THAT FOR A BROKER'S LICENSE, THE APPLICANT FOR LICENSURE MUST COMPLETE ONE HUNDRED FIFTY, RATHER THAN ONE HUNDRED TWENTY, HOURS OF CERTAIN CLASSROOM INSTRUCTION, NINETY, RATHER

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

The Senate returned to the House with concurrence the following:

H. 3347 (Word version) -- Reps. Kelley, Keegan, Allen, Allison, Altman, Askins, Bailey, Bales, Barfield, Barrett, Battle, Bauer, Beck, Bowers, Breeland, Campsen, Canty, Carnell, Cato, Cave, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, D. Smith, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, F. Smith, Fleming, G. Brown, Gamble, Gilham, Gourdine, Govan, H. Brown, Hamilton, Harrell, Harris, Harrison, Harvin, Haskins, Hawkins, Hayes, Hinson, Howard, Inabinett, J. Brown, J. Hines, J. Smith, Jennings, Kennedy, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, M. Hines, M. McLeod, Mack, Maddox, Martin, Mason, McCraw, McGee, McKay, McMahand, Meacham, Miller, Moody-Lawrence, Neal, Neilson, Ott, Parks, Phillips, Pinckney, Quinn, R. Smith, Rhoad, Rice, Riser, Robinson, Rodgers, Rutherford, Sandifer, Scott, Seithel, Sharpe, Sheheen, Simrill, Spearman, Stille, Stuart, T. Brown, Taylor, Townsend, Tripp, Trotter, Vaughn, W. McLeod, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum and Young-Brickell: A CONCURRENT RESOLUTION TO COMMEND DONALD D. LEONARD OF MYRTLE BEACH FOR HIS OUTSTANDING SERVICE AS CHAIRMAN OF THE COUNCIL OF MYRTLE BEACH AREA ORGANIZATIONS AND CONGRATULATE HIM FOR HIS LEADERSHIP, PERSONAL ACCOMPLISHMENTS, AND THE MANY SUCCESSES OF THE COUNCIL OF MYRTLE BEACH AREA ORGANIZATIONS THAT BENEFIT THE MEMBER ORGANIZATIONS AND THOSE ENGAGED IN THE ENTERTAINMENT, HOSPITALITY, AND TOURISM INDUSTRY IN THE MYRTLE BEACH AREA DURING HIS THREE YEARS AS CHAIRMAN.

H. 3348 (Word version) -- Rep. Limehouse: A CONCURRENT RESOLUTION COMMENDING AND THANKING MR. H. B. "BUCK"

H. 3355 (Word version) -- Reps. Delleney, D. Smith and Canty: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, FEBRUARY 10, 1999, AS THE TIME FOR ELECTING A SUCCESSOR TO A CERTAIN JUDGE OF THE COURT OF APPEALS, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 1999; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE COURT OF APPEALS, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 1999; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE SIXTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRED JUNE 30, 1998; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT, AT-LARGE SEAT 1, WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 2003; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT, AT-LARGE SEAT 7, WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 2003; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT, AT-LARGE SEAT 11, WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 2002; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT, SEVENTH JUDICIAL CIRCUIT, SEAT 3, WHOSE TERM EXPIRED JUNE 30, 1998; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT, EIGHTH JUDICIAL CIRCUIT, SEAT 1, WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 2001; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT, SIXTEENTH JUDICIAL CIRCUIT, SEAT 2, WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 2001; AND TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE ADMINISTRATIVE LAW JUDGE DIVISION, CHIEF JUDGE, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 1999.

At 11:05 A.M. the House in accordance with the motion of Rep. Bailey adjourned in memory of Star Amanda Bardin Weathers of St. George, to meet at 10:00 A.M. tomorrow.

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