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:

Almighty God, as we stand on this high hill of privilege and responsibility, we would seek Your counsel in all our doings. We are grateful for our heritage from our forefathers who have stood in this hallowed Hall. Beget in us, their children, the secret of their strength that we may stand upright for all that is good and honest and true. May we be worthy of our calling and thus maintain all that has made our State and Nation great. For Yours is the power and the glory now and always. 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. SEITHEL moved that when the House adjourns, it adjourn in memory of Dr. Glen R. Gale of Charleston, which was agreed to.

The following was introduced:

H. 3505 (Word version) -- Reps. M. McLeod, G. Brown, Canty, Neal and Woodrum: A HOUSE RESOLUTION CONGRATULATING JOYCE TURBEVILLE OF SUMTER COUNTY FOR BEING NAMED THE 1999 HUMAN RESOURCES PROFESSIONAL OF THE YEAR BY THE SOUTH CAROLINA CHAMBER OF COMMERCE AND THE SOUTH CAROLINA STATE COUNCIL OF THE SOCIETY FOR HUMAN RESOURCE MANAGEMENT.
The Resolution was adopted.

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

H. 3506 (Word version) -- Rep. Allison: A HOUSE RESOLUTION EXTENDING THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO A DELEGATION OF STUDENTS, PARENTS, AND OFFICIALS FROM THE SOUTH CAROLINA SCHOOL FOR THE DEAF AND THE BLIND ON WEDNESDAY, FEBRUARY 17, 1999, AT A TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF BEING RECOGNIZED AND INTRODUCED AND A RENDERING OF A PERFORMANCE BY THE STUDENTS.

Be it resolved by the House of Representatives:

That the privilege of the floor of the House of Representatives is extended to a delegation of students, parents, and officials from the South Carolina School for the Deaf and the Blind on Wednesday, February 17, 1999, at a time to be determined by the Speaker, for the purpose of being recognized and introduced and a rendering of a performance by the students.
The Resolution was adopted.

The following was taken up for immediate consideration:

S. 480 (Word version) -- Senator Rankin: A CONCURRENT RESOLUTION DESIGNATING FEBRUARY 24, 1999, AS "SOUTH CAROLINA AARP DAY" IN RECOGNITION OF THE EFFORTS OF THE SOUTH CAROLINA AARP STATE LEGISLATIVE COMMITTEE TO EDUCATE SENIOR CITIZENS ON IMPORTANT LEGISLATIVE ISSUES AND TO ENCOURAGE THEM TO TAKE ACTIVE ROLES IN THE LEGISLATIVE PROCESS.

Whereas, the South Carolina State Legislative Committee of AARP is sponsoring a statewide AARP Day at the Legislature on February 24, 1999, a special day designed to educate senior citizens on important legislative topics and issues; and

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

That the General Assembly of South Carolina, by this resolution, designates February 24, 1999, as "South Carolina AARP Day" in recognition of the endeavors of the South Carolina AARP State Legislative Committee to educate senior citizens on important legislative issues and to encourage them to take active roles in the legislative process.

Be it further resolved that a copy of this resolution be forwarded to the AARP State Legislative Committee of South Carolina.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.

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

H. 3507 (Word version) -- Reps. Sharpe, Allen, Allison, Altman, Askins, Bailey, Bales, Barfield, Barrett, Battle, Bauer, Beck, Bowers, Breeland, Campsen, Canty, Carnell, Cato, 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, 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, Sheheen, Simrill, 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 RECOGNIZE AND COMMEND SOUTH CAROLINA'S FFA MEMBERS AND THE ADVISORS, SCHOOL

Whereas, the FFA Organization, formerly known as the Future Farmers of America, is a national organization of high school, technical college, and university students enrolled in natural, environmental, and agricultural resources education courses; and

Whereas, through participation in FFA activities, these young men and women, ages twelve through twenty-one, begin preparing for careers in natural resources, environmental, and agricultural science, technology, business, or education; and

Whereas, the FFA Organization is dedicated to making a positive difference in the lives of young people by developing their potential for premier leadership, personal growth, and career success through natural, environmental, and agricultural resources education at the local, state, and national level; and

Whereas, with the increasing population and growing demand for highly trained and qualified people in the natural, environmental, and agricultural resources industry, almost ten percent of today's professional positions in these areas go unfilled simply because there are more positions than there are people who understand agriculture; and

Whereas, nationally, seventy-five percent of the FFA members enroll in a two-year or four-year higher education degree program following graduation from high school in preparation for one of the more than two hundred career opportunities which include more than eight thousand job titles; and

Whereas, corporate leaders in America believe so strongly in the proven success of qualified training through FFA that they jointly contribute more than seven million dollars annually to the National FFA Foundation, from which more than one million two hundred

Whereas, the FFA motto, "Learning to Do, Doing to Learn, Earning to Live, and Living to Serve", epitomizes those high standards and qualities of leadership possessed by FFA members; and

Whereas, the FFA Organization and the natural, environmental, and agricultural resources education programs in South Carolina are tremendously successful and extremely valuable in improving the quality of life for many South Carolinians. Now, therefore,

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

That the members of the General Assembly hereby commend South Carolina's FFA members and the advisors, school administrators, parents, and all who support, promote, and encourage these students of natural, environmental, and agricultural resources education on the occasion of the celebration of National FFA Week, February 21-28, 1999.

Be it further resolved that a copy of this resolution be forwarded to the appropriate South Carolina FFA officials.
The Concurrent Resolution was agreed to and ordered sent to the Senate.

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

H. 3508 (Word version) -- Reps. Campsen, Keegan, Edge, Martin, Gilham, Tripp, Meacham, Loftis, Maddox, R. Smith, Lanford, M. McLeod, Mason, Fleming, Kelley, Rice, Bales, Hayes, Wilkes, Allen, Vaughn and Harvin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-3505 SO AS TO ALLOW A TAX CREDIT AGAINST THE SOUTH CAROLINA INCOME TAX LIABILITY OF A RESIDENT INDIVIDUAL FOR TUITION PAID BY THE TAXPAYER OR PURCHASES OF COMPUTER HARDWARE, EDUCATIONAL SOFTWARE, AND BOOKS MADE BY THE TAXPAYER ON BEHALF OF A DEPENDENT CLAIMED BY THE TAXPAYER ON THE

H. 3509 (Word version) -- Reps. Simrill, Mason, Robinson and Moody-Lawrence: A BILL TO AMEND CHAPTER 13, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FORGERY, LARCENY, AND SIMILAR OFFENSES, BY ADDING ARTICLE 2, ENTITLED THE "PERSONAL FINANCIAL SECURITY ACT" SO AS TO PROVIDE FOR THE OFFENSE OF FINANCIAL IDENTITY FRAUD AND PENALTIES FOR VIOLATION; AND TO FURTHER AMEND CHAPTER 13, TITLE 16 BY DESIGNATING SECTION 16-13-10 THROUGH 16-13-490 AS ARTICLE 1 OF THAT CHAPTER.
Referred to Committee on Judiciary

H. 3510 (Word version) -- Rep. Simrill: A BILL TO AMEND SECTION 56-5-2930, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST OPERATING A MOTOR VEHICLE WHILE UNDER THE INFLUENCE, SO AS TO PROVIDE THAT IT IS UNLAWFUL TO OPERATE A MOTOR VEHICLE WITH AN ALCOHOL CONCENTRATION OF TEN ONE-HUNDREDTHS OF ONE PERCENT; AND BY AMENDING SECTION 56-5-2950, AS AMENDED, RELATING TO A DRIVER'S IMPLIED CONSENT TO BE TESTED FOR ALCOHOL OR DRUGS, SO AS TO REVISE THE TESTING PROCEDURE, AND TO PROVIDE THAT A PERSON WHO HAS AN ALCOHOL CONCENTRATION OF TEN ONE-HUNDREDTHS OF ONE PERCENT OR MORE IS CONCLUSIVELY PRESUMED TO HAVE AN ILLEGAL ALCOHOL CONCENTRATION.
Referred to Committee on Judiciary

The following was introduced:

H. 3511 (Word version) -- Reps. Scott, Allen, Allison, Altman, Askins, Bailey, Bales, Barfield, Barrett, Battle, Bauer, Beck, Bowers, Breeland, Campsen, Canty, Carnell, Cato, 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, 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, Seithel, Sharpe, Sheheen, Simrill, 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 CONGRATULATE MRS. CATHY B. NOVINGER, SENIOR VICE PRESIDENT FOR ADMINISTRATION, GOVERNMENTAL AND PUBLIC AFFAIRS FOR SCANA CORPORATION, FOR HER NEARLY THIRTY YEARS OF OUTSTANDING SERVICE TO THE SCANA CORPORATION AND HER HUMANITARIAN SERVICE TO THE STATE OF SOUTH CAROLINA.
The Concurrent Resolution was agreed to and ordered sent to the Senate.

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 T.               Campsen                Canty
Carnell                Cato                   Clyburn
Cobb-Hunter            Cooper                 Dantzler

Delleney               Easterday              Edge
Emory                  Fleming                Gamble
Gilham                 Gourdine               Govan
Hamilton               Harrell                Harris
Harrison               Harvin                 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                   Ott
Parks                  Phillips               Pinckney
Rhoad                  Rice                   Riser
Robinson               Rodgers                Rutherford
Sandifer               Scott                  Seithel
Sharpe                 Sheheen                Simrill
Smith D.               Smith R.               Stuart
Taylor                 Townsend               Tripp
Trotter                Vaughn                 Walker
Webb                   Whatley                Whipper
Wilder                 Wilkes                 Wilkins
Witherspoon            Woodrum

I came in after the roll call and was present for the Session on Thursday, February 11.

Richard Quinn                        Annette Young-Brickell
Bill Cotty                           Denny Neilson
G. Ralph Davenport                   James E. Smith
Joe Brown

The SPEAKER granted Rep. F. SMITH a leave of absence for the day.

The SPEAKER granted Rep. CHELLIS a leave of absence for the week due to business reasons.

Rep. T. BROWN signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Tuesday, February 9.

Rep. HARRISON signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Wednesday, February 10.

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. 3082 (Word version)
Date:     ADD:
02/11/99   KNOTTS

Bill Number:   H. 3445 (Word version)
Date:     ADD:
02/11/99   KNOTTS

Bill Number:   H. 3158 (Word version)
Date:     ADD:
02/11/99   RISER

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

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 THAN SIXTY, HOURS OF WHICH MAY BE THE HOURS REQUIRED FOR A SALESMAN'S LICENSE.

H. 3468 (Word version) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, BOARD OF LONG TERM HEALTH CARE ADMINISTRATORS, RELATING TO EXAMINATION; SCHEDULING AND GRADING, DESIGNATED AS REGULATION DOCUMENT NUMBER 2309, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

H. 3445 (Word version) -- Reps. Keegan, Carnell, H. Brown, Harrell, Quinn and Knotts: A BILL TO REPEAL SECTION 59-107-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ONE HUNDRED TWENTY MILLION DOLLAR OVER ALL DEBT LIMIT ON STATE INSTITUTION BONDS.
Rep. KEEGAN explained the Bill.

H. 3030 (Word version) -- Reps. Allison, Edge, Robinson, Rodgers and Walker: A BILL TO AMEND SECTION 59-1-430, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MAKEUP OF SCHOOL DAYS MISSED BECAUSE OF SNOW OR OTHER EXTREME WEATHER CONDITIONS, SO AS TO PROVIDE THAT LOCAL SCHOOL BOARDS MAY EXCUSE UP TO THREE SCHOOL DAYS MISSED BECAUSE OF SNOW OR OTHER EXTREME WEATHER CONDITIONS.
Rep. WALKER explained the Bill.

Rep. KEEGAN asked unanimous consent that H. 3445 (Word version) be read a third time tomorrow.
Rep. EASTERDAY objected.

On motion of Rep. WALKER, with unanimous consent, it was ordered that H. 3030 (Word version) be read the third time tomorrow.

The following Bill was taken up:

H. 3082 (Word version) -- Reps. Townsend, Walker, Delleney, J. Brown, Stuart, Harrison, Allison, J. Hines, Edge, Robinson, Rodgers, Cato, Wilkins, Sandifer, Moody-Lawrence, Lourie, J. Smith, F. Smith, Rutherford, Maddox, Allen, Ott, Harvin, Kennedy, Jennings, Bales, Hayes, Simrill, W. McLeod and Knotts: A BILL TO AMEND CHAPTER 63 OF TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUPILS, BY ADDING ARTICLE 13 SO AS TO PROVIDE THE CONDITIONS, REQUIREMENTS, AND PROCEDURES UNDER WHICH LOCAL SCHOOL BOARDS OF TRUSTEES BEGINNING WITH SCHOOL YEAR 1999-2000 SHALL ESTABLISH AND OPERATE A PROGRAM OF ALTERNATIVE SCHOOLS FOR CERTAIN STUDENTS IN THEIR DISTRICTS, TO PERMIT THESE ALTERNATIVE SCHOOL PROGRAMS TO BE OPERATED EITHER INDIVIDUALLY OR AS A COOPERATIVE AGREEMENT WITH OTHER SCHOOL DISTRICTS, AND TO PROVIDE FOR THE MANNER IN WHICH THESE ALTERNATIVE SCHOOLS SHALL BE FUNDED.

The Education and Public Works Committee proposed the following Amendment No. 1 (COUNCIL\DKA\AMEND\3192SD99).
Amend the bill, as and if amended, in Section 59-63-1310(2) of the 1976 Code by inserting after /includes/ on line 18, page 2 /, but is not limited to, /
When amended Section 59-63-1310(2) shall read:

/(2)   'Serious offense' means behavior which includes, but is not limited to, violence, possession of weapons or controlled substances, or harassment or verbal abuse of school personnel or other students./
Amend the bill further in Section 59-63-1320 by striking beginning on line 14, page 3, /special education evaluation to ensure that the students are not eligible for special education services or a change in the current special educational placement/ and inserting / the requirements of the Federal Individuals with Disabilities Education Act (IDEA) /
When amended Section 59-63-1320 shall read:
/Section 59-63-1320.       Beginning with the school year 1999-2000, the governing boards of all school districts shall establish, maintain, and operate, either individually or as a cooperative agreement among

(1)   any student who has committed a serious offense which warrants suspension or expulsion from school according to the student conduct policies and behavior codes approved by the school board of trustees;

(2)   any student referred to such alternative school program based upon a documented need for placement in the alternative school program by the school district, parent, legal guardian or custodian of student due to habitual exhibitions of disruptive behavior in violation of the student conduct policies and behavior codes approved by the school board of trustees;

(3)   any student referred to such alternative school program based upon a documented need for placement in the alternative school program by the school district, parent, legal guardian or custodian of the student due to interference with the student's own learning or the educational process of others and requires attention and assistance beyond that which the traditional program can provide;

(4)   any student referred to such alternative school program by the dispositive order of a family court judge, with the consent of the local board of trustees.

Before a student may be placed in an alternative school program, a determination must be made by the local board that the written and distributed disciplinary policy of the district has been followed. Districts must establish clear guidelines and procedures for the placement of students into an alternative school program and at a minimum they shall prescribe due process procedures for disciplinary actions.

When students are being considered for placement in an alternative school program, districts must consider the requirements of the Federal Individuals with Disabilities Education Act (IDEA).

If a student placed in an alternative school program enrolls in another school district before the expiration of the period of placement, the board of trustees of the district requiring the placement shall provide to the district in which the student enrolls, at the same time other records of the student are provided, information concerning the student's placement in an alternative school program. Upon review of the information, the district in which the student enrolls may continue the alternative education program placement or may allow the student to attend regular classes without completing the period of the placement./

/Section 59-63-1340.     Within the requirements of Section 59-1-440, alternative school programs may differ from traditional education programs and schools in scheduling, administrative structure, curriculum, or setting. Programs must develop a mission statement and shall focus on the educational and behavioral needs of the students to include individual student instruction plans, evaluations at regular intervals of the student's educational and behavioral progress, instructional methods in meeting academic standards to include plans for utilization of available technology, strict codes of student conduct, counseling, strategies to gain strong parental input and support, strategies to ensure students will adapt to a regular school setting upon departure from the alternative school program, and a time line for meeting the academic and conduct standards set.

The educational program for an alternative school must include the objectives of the adopted academic achievement standards in the core academic areas to ensure that the instructional program will enable students to make the transition to a regular school program or seek postsecondary education and to ensure that credit earned by students participating in the alternative school program can be transferred to either the sending public school or another public school in the State. /
Amend title to conform.

Rep. WALKER explained the amendment.

Reps. TOWNSEND, SHEHEEN, LITTLEJOHN, WALKER, WEBB, ALLISON, MILLER, T. BROWN, MADDOX, MASON, INABINETT, SHARPE, R. SMITH, MCMAHAND, MOODY-LAWRENCE, VAUGHN, J. HINES, LEACH, LOFTIS, KNOTTS, HINSON, KENNEDY, STUART, MEACHAM, OTT, MARTIN, RICE, RODGERS, CLYBURN, SANDIFER, HAYES, NEAL, BALES and COTTY requested debate on the Bill.

The following Bill was taken up:

H. 3096 (Word version) -- Rep. Altman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-24-45 SO AS TO PROVIDE THAT A SCHOOL DISTRICT SUPERINTENDENT SHALL NOT RECEIVE OR BE OFFERED DIRECTLY OR INDIRECTLY FOR THE PERFORMANCE OR CONTINUATION OF HIS DUTIES A SALARY SUPPLEMENT OR OTHER CONSIDERATION ABOVE A SPECIFIED LIMIT FROM NONGOVERNMENTAL SOURCES EXCEPT UNDER CERTAIN CONDITIONS, AND TO PROVIDE PENALITIES FOR VIOLATION.
Rep. WALKER explained the Bill.

Reps. COTTY, KENNEDY, and HOWARD objected to the Bill.

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

On motion of Rep. CATO, with unanimous consent, the following Bill was ordered recalled from the Committee on Judiciary and was referred to the Committee on Labor, Commerce and Industry:

H. 3295 (Word version) -- Rep. Kirsh: A BILL TO AMEND TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE, BY ADDING CHAPTER 38 SO AS TO ENACT PROVISIONS GOVERNING AND REGULATING FRATERNAL BENEFIT SOCIETIES, INCLUDING PROVISIONS FOR, AMONG OTHER THINGS, CERTAIN CRIMINAL OFFENSES AND PENALTIES, MEMBERSHIP, CONTRACTUAL BENEFITS, AND FINANCES; AND TO REPEAL CHAPTER 37, TITLE 38, RELATING TO FRATERNAL BENEFIT ASSOCIATIONS.

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

H. 3181 (Word version) -- Reps. Klauber and Knotts: 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 following Concurrent Resolution was taken up:

S. 429 (Word version) -- Senators McConnell, Courson, Passailaigue and Ford: A CONCURRENT RESOLUTION DECLARING WEDNESDAY, FEBRUARY 17, 1999, AS "HUNLEY DAY" IN SOUTH CAROLINA.

Whereas, on the night of February 17, 1864, the submarine H. L. Hunley and her nine brave crew members left from Breach Inlet in Charleston, South Carolina and sailed into history when the Hunley became the first submarine to sink an enemy warship in battle by sinking the Union Sloop of War Housatonic; and

Whereas, the Wright brothers feat at Kitty Hawk ushered in the era of aviation and air technology, as the voyage of the Hunley and its crew ushered in the era of underwater warfare and technological development; and

Whereas, after the attack a signal was received by the battery at Breach Inlet that the Hunley's attack was successful and the Hunley was beginning her journey home, but she was never heard from again; and

Whereas, the journey home was never completed after it set out for home that fateful night; and

Whereas, the mystery surrounding the fate and location of the Hunley culminated after over one hundred thirty years when author Clive Cussler notified the world that he and his team had located the site of the Hunley off the coast of Charleston; and

Whereas, the bravery, ingenuity, and sacrifice that are the hallmark of the story of the Hunley resonate as loudly now to this generation as they did then and will serve as a wonderful testament to the generations that follow; and

Whereas, the discovery and story of the Hunley have excited the interest of people all across America and around the world and resulted in the filming of a movie in South Carolina on the Hunley; and

Whereas, the State of South Carolina's Hunley Commission, the United States Navy, and the Friends of the Hunley have begun the process of raising funds to complete the journey started on that winter's night in 1864, the journey to bring the Hunley and her crew home so that the crew can be interred on South Carolina soil like the two previous crews of the Hunley. Now, therefore,

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

Be it further resolved that a copy of this resolution be forwarded to the South Carolina Hunley Commission, the United States Navy, and the Friends of the Hunley.
The Concurrent Resolution was adopted and ordered sent to the Senate.

The following Concurrent Resolution was taken up:

S. 413 (Word version) -- Senators Holland, 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.

Whereas, Commissioner Bobby T. Jones has been recognized for the many contributions he has made to the citizens of the State and of Kershaw County; and

Whereas, after Mr. Jones was born and raised in Bethune, South Carolina, he attended the University of South Carolina, received a Bachelor's degree from Campbell College, where he coached, and received a Masters degree from Western Carolina University. Subsequently, Commissioner Jones served for thirty years in the Kershaw County School System, as a teacher, coach, and Principal at Midway High School, which is now Midway Elementary School; and

Whereas, Mr. Jones continues to contribute to education by teaching Sunday School at the First Baptist Church in Camden where he is a member; and

Whereas, Commissioner Jones is married to Mary E. Jones, who also served for thirty years in the Kershaw County School System, as a teacher, principal, assistant superintendent, and superintendent. They have a daughter, Susan, who has worked as a teacher and a state employee; and

Whereas, Commissioner Jones is currently serving with distinction in his second term on the South Carolina Transportation Commission. Now, therefore,

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

That the members of the General Assembly hereby request the Department of Transportation to name the new Wateree River bridge located on United States Highways 1 and 601 between Camden and Lugoff the Bobby T. Jones bridge.

Be it further resolved that a copy of this resolution be forwarded to the Department of Transportation and Commissioner Bobby T. Jones.
The Concurrent Resolution was adopted and ordered sent to the Senate.

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

The following was introduced:

H. 3512 (Word version) -- Reps. Kelley, Allen, Allison, Altman, Askins, Bailey, Bales, Barfield, Barrett, Battle, Bauer, Beck, Bowers, Breeland, Campsen, Canty, Carnell, Cato, 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, Keegan, 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,

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

H. 3513 (Word version) -- Reps. Kirsh, Gamble and Law: A BILL TO AMEND TITLE 37, OF THE SOUTH CAROLINA CODE OF LAWS, 1976, RELATING TO THE CONSUMER PROTECTION CODE, BY ADDING CHAPTER 17 SO AS TO ENACT THE "SOUTH CAROLINA TITLE LENDERS ACT", WHICH ESTABLISHES A LICENSURE AND REGULATION FRAMEWORK FOR A PERSON IN THE BUSINESS OF LENDING MONEY ON THE SECURITY OF A MOTOR VEHICLE CERTIFICATE OF TITLE, INCLUDING CIVIL AND CRIMINAL PENALTIES FOR VIOLATIONS OF THE ACT.
Referred to Committee on Labor, Commerce and Industry

H. 3514 (Word version) -- Reps. Kirsh, Gamble and Law: A BILL TO AMEND PART 7, CHAPTER 2, TITLE 37, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A CONSUMER RENTAL-PURCHASE AGREEMENT, BY ADDING SECTION 37-2-715 SO AS TO PROVIDE FOR THE REGISTRATION OF A CONSUMER RENTAL-PURCHASE LESSOR WITH THE DEPARTMENT OF CONSUMER AFFAIRS; BY ADDING SECTION 37-2-716 SO AS TO PROVIDE FOR THE SALE OF INSURANCE IN CONNECTION WITH A CONSUMER RENTAL-PURCHASE TRANSACTION PURSUANT TO SPECIFIED REQUIREMENTS; AND BY ADDING SECTION 37-2-717 SO AS TO PROHIBIT THE IMPOSITION OF

H. 3515 (Word version) -- Reps. Kirsh, Gamble and Law: A BILL TO AMEND SECTION 34-39-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF DEFERRED PRESENTMENT SERVICES, SO AS TO DEFINE "CASH ADVANCE"; TO AMEND SECTION 34-39-180, RELATING TO RESTRICTIONS ON AND REQUIREMENTS FOR DEFERRED PRESENTMENT OF A CHECK, SO AS TO PROVIDE THAT THE FACE AMOUNT OF A CHECK TAKEN FOR DEFERRED PRESENTMENT OR DEPOSIT, INCLUDING THE CASH ADVANCE MADE TO THE CUSTOMER AND THE FEE IMPOSED BY THE DEFERRED PRESENTMENT SERVICE, MUST NOT EXCEED THREE HUNDRED FORTY-FIVE DOLLARS; TO AMEND SECTION 34-39-200, RELATING TO LIMITATIONS ON ACTIVITIES OF A DEFERRED PRESENTMENT LICENSEE, SO AS TO DEFINE A "MONEY TRANSMISSION SERVICE" FOR PURPOSES OF CERTAIN EXEMPTIONS FROM THE LIMITATIONS; TO AMEND SECTION 34-41-20, RELATING TO LICENSE REQUIREMENTS FOR CHECK CASHING SERVICES, SO AS TO REQUIRE A SEPARATE LICENSE FOR EACH BUSINESS LOCATION; TO AMEND SECTION 34-41-30, RELATING TO EXEMPTIONS FROM CHECK CASHING SERVICES LAW, SO AS TO REDEFINE THE EXEMPTION TO ALLOW RETAIL SELLERS TO CHARGE UP TO TWO DOLLARS, RATHER THAN NO CONSIDERATION, FOR CASHING A CHECK; TO AMEND SECTION 34-41-40, RELATING TO CHECK CASHING SERVICE LICENSE APPLICATIONS, SO AS TO REVISE THE INVESTIGATION AND LICENSE FEES; TO AMEND SECTION 34-41-60, RELATING TO RESTRICTIONS ON AND REQUIREMENTS FOR CHECK CASHING SERVICES, SO AS TO DELETE THE REQUIREMENT

H. 3516 (Word version) -- Reps. Witherspoon and Riser: A BILL TO AMEND SECTION 50-11-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA 1976, RELATING TO HUNTING MIGRATORY BIRDS, SO AS TO PROHIBIT TRESPASSING WHILE HUNTING WATERFOWL, TAKING WATERFOWL OVER BAIT, TAKING MORE THAN ONE WATERFOWL OVER THE LEGAL LIMIT, HUNTING WATERFOWL OUT OF SEASON, AND HUNTING WATERFOWL BEFORE OR AFTER DESIGNATED SHOOTING HOURS, AND TO PROVIDE PENALTIES.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs

H. 3517 (Word version) -- Reps. Kennedy, Harvin, Breeland, Gourdine, M. Hines and Maddox: A BILL TO AMEND SECTION 59-63-230, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NOTICES TO PARENTS OF A STUDENT'S SUSPENSION AND CONFERENCES WITH THE PARENT OR GUARDIAN AS A RESULT OF THE SUSPENSION SO AS TO REQUIRE CONFERENCES BEFORE A STUDENT WHO HAS BEEN SUSPENDED SHALL BE ALLOWED TO RE-ENTER SCHOOL AND TO PERMIT A SCHOOL BOARD TO REQUIRE THE SHADOWING OF A STUDENT BY HIS PARENTS OR GUARDIAN AS A CONDITION OF RE-ADMISSION IF THE STUDENT HAS BEEN SUSPENDED AT LEAST TWICE BEFORE DURING THAT SCHOOL YEAR.
Referred to Committee on Education and Public Works

H. 3518 (Word version) -- Reps. Barfield, Sharpe, Wilder, McKay, Altman, Lloyd, Maddox, Fleming, Parks, Delleney, T. Brown, Harrison, Cotty, Kelley, Leach, Phillips, Rutherford and Witherspoon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-1940 SO AS TO PROVIDE THAT A LAW ENFORCEMENT OFFICER HAS THE DISCRETION TO CHARGE A PERSON WITH CARELESS OPERATION OF A VEHICLE AS

H. 3519 (Word version) -- Reps. Knotts, Wilkins, Harrison and Altman: A BILL TO AMEND CHAPTER 23, TITLE 17, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRIMINAL PLEADING AND TRIAL, BY ADDING SECTION 17-23-155 SO AS TO PROVIDE THAT, WITH EXCEPTIONS, SOLICITORS MUST CALL CASES FOR TRIAL WITHIN ONE YEAR OF THE INDICTMENT, AND TO PROVIDE THAT, WITH EXCEPTIONS, THE STATE MUST PRESENT AN INDICTMENT WITHIN NINETY DAYS AFTER A WARRANT HAS BEEN ISSUED.
Referred to Committee on Judiciary

H. 3520 (Word version) -- Reps. Knotts, Ott and M. McLeod: A BILL TO AMEND ARTICLE 5, CHAPTER 3, TITLE 22, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CRIMINAL JURISDICTION OF MAGISTRATES' COURTS, BY ADDING SECTION 22-3-555 SO AS TO PROVIDE THAT, WITH EXCEPTIONS, CRIMINAL CASES IN MAGISTRATES' COURT MUST BE DISPOSED OF WITHIN SIX MONTHS OF ARREST; AND TO AMEND SECTION 14-25-45, RELATING TO THE JURISDICTION OF MUNICIPAL COURTS, SO AS TO PROVIDE THAT, WITH EXCEPTIONS, CASES IN MUNICIPAL COURT MUST BE DISPOSED OF WITHIN SIX MONTHS OF ARREST.
Referred to Committee on Judiciary

H. 3521 (Word version) -- Reps. Kirsh, J. Brown, Clyburn, Meacham, Neal and Simrill: A BILL TO AMEND CHAPTER 37, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OPTOMETRISTS, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY AND ADMINISTRATIVE ORGANIZATIONAL FRAMEWORK ESTABLISHED FOR PROFESSIONAL AND OCCUPATIONAL BOARDS IN CHAPTER 1, TITLE 40, AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF OPTOMETRISTS INCLUDING CLARIFYING THAT

H. 3522 (Word version) -- Rep. Altman: A BILL TO AMEND SECTION 59-123-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ORGANIZATION AND POWERS OF THE BOARD OF TRUSTEES OF THE MEDICAL UNIVERSITY OF SOUTH CAROLINA, SO AS TO AUTHORIZE THE BOARD TO PURCHASE, SELL, OR LEASE REAL AND PERSONAL PROPERTY FOR ITS AUTHORIZED PURPOSES UNDER CERTAIN CONDITIONS.
Referred to Committee on Ways and Means

H. 3525 (Word version) -- Rep. Scott: A BILL TO AMEND SECTION 38-53-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS ASSOCIATED WITH THE PROVISIONS RELATING TO BAIL BONDSMEN AND RUNNERS, SO AS TO REVISE THE DEFINITION OF RUNNER AND TO FURTHER PROVIDE THAT RUNNERS MAY EXECUTE BONDS ON BEHALF OF A LICENSED BONDSMAN WHEN A POWER OF ATTORNEY HAS BEEN RECORDED; AND TO AMEND SECTION 38-53-200, AS AMENDED, RELATING TO THE SIGNING OF BONDS, SO AS TO PROVIDE THAT A RUNNER MAY SIGN A BOND AND TO DELETE ONLY THE REQUIREMENT THAT POWERS OF ATTORNEY AND REVOCATIONS OF POWERS OF ATTORNEY ISSUED BY AN INSURER APPOINTING SURETY BONDSMEN BE FILED WITH THE CLERK OF COURT.
On motion of Rep. SCOTT, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

The following was introduced:

H. 3523 (Word version) -- Rep. Davenport: A CONCURRENT RESOLUTION RECOGNIZING DR. ROGER SHEALY OF BOILING SPRINGS FOR HIS DEDICATION, COMMITMENT, AND EXCELLENCE IN

The following was introduced:

H. 3524 (Word version) -- Rep. Davenport: A CONCURRENT RESOLUTION TO RECOGNIZE AND CONGRATULATE JANE HARMON AND GINGER MORROW OF INMAN, SOUTH CAROLINA, PROPRIETORS OF DELIGHTFUL DISHES, ON THEIR OUTSTANDING RESTAURANT AND CATERING BUSINESS AND TO WISH THEM MANY MORE YEARS OF SUCCESS IN THIS ENDEAVOR.
The Concurrent Resolution was agreed to and ordered sent to the Senate.

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

The Senate returned to the House the following:

H. 3492 (Word version) -- Reps. Lucas, Harris, J. Hines, Jennings and Neilson: A CONCURRENT RESOLUTION TO COMMEND, CONGRATULATE, AND HONOR PAT EARLE, AGRICULTURAL EDUCATION TEACHER AND FUTURE FARMERS OF AMERICA CHAPTER ADVISOR AT MCBEE HIGH SCHOOL, UPON BEING NAMED THE OUTSTANDING AGRICULTURAL EDUCATOR IN SOUTH CAROLINA FOR 1998.

At 10:55 A.M. the House in accordance with the motion of Rep. SEITHEL adjourned in memory of Dr. Glen R. Gale of Charleston, to meet at 10:00 A.M. tomorrow.

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