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:

We thank You, Heavenly Father, that You give us the privilege of being laborers in Your vineyard. With undaunted courage may we always sow seeds of truth, understanding and goodwill, knowing that "whatsoever a man sows, that shall he also reap" (Gal. 6:7). In our weakness, sustain us; in our successes, discipline us; in our despondency, cheer us; in our perplexities, give us vision and insight. Grant to us a faith that is courageous and invincible. Remain close to us this day and every day. 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. HOWARD moved that when the House adjourns, it adjourn in memory of the six school children killed in the tragic accident in Marlboro County, which was agreed to.

The following was received.
February 16, 1999
The Honorable Liston Barfield
304A Blatt Building
Columbia, S.C. 29211

Dear Liston:

It is with pleasure that I appoint you to serve on the Labor, Commerce and Industry Committee, effective February 16, 1999. I

I look forward to working with you in the coming year.

Sincerely,
David H. Wilkins
Speaker of the House
Received as information.

The Senate sent to the House the following:

S. 495 (Word version) -- Senators Elliott and Rankin: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE BRIDGE OVER THE INTRACOASTAL WATERWAY IN THE RESTAURANT ROW AREA OF HORRY COUNTY IN HONOR OF MR. WILLIAM H. ALFORD.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

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

H. 3561 (Word version) -- Reps. Fleming, Littlejohn, Martin and Stille: A BILL TO AMEND SECTION 38-71-730, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REQUIREMENTS FOR GROUP ACCIDENT, GROUP HEALTH, AND GROUP ACCIDENT AND HEALTH INSURANCE POLICIES, SO AS TO PROVIDE THAT, IF ANY COMPANY OFFERS MEDICARE SUPPLEMENTAL HEALTH INSURANCE COVERAGE TO PERSONS UNDER SIXTY-FIVE YEARS OF AGE OR TO PERSONS SIXTY-FIVE YEARS OF AGE OR OLDER, THE COMPANY SHALL PROVIDE FOR AN OPEN ENROLLMENT PERIOD OF NOT LESS THAN SIX MONTHS AND NO SUCH PERSON DESIRING THE COVERAGE, AND APPLYING FOR IT, SHALL BE DENIED IT, AND TO PROVIDE FOR RELATED MATTERS.
Referred to Committee on Labor, Commerce and Industry

H. 3563 (Word version) -- Reps. Miller, Allen, Altman, Bailey, Bales, Barfield, Breeland, G. Brown, J. Brown, T. Brown, Cato, Chellis, Clyburn, Cooper, Delleney, Edge, Emory, Gamble, Gourdine, Harris, Harrison, Harvin, Hayes, Howard, Inabinett, Jennings, Kelley, Lloyd, Mack, Maddox, Martin, McCraw, W. McLeod, Neal, Neilson, Parks, Phillips, Riser, Rutherford, Sandifer, Scott, Seithel, J. Smith, R. Smith, Stille, Stuart, Townsend, Whipper, Wilder, Wilkes and Witherspoon: A BILL TO ENACT THE "TELEMARKETING PRIVACY ACT" BY AMENDING CHAPTER 9, TITLE 58, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC UTILITIES AND TELEPHONE, TELEGRAPH, AND EXPRESS COMPANIES BY ADDING ARTICLE 23 SO AS TO ENACT PROVISIONS ESTABLISHING TELEMARKETING PRIVACY IN THIS STATE,

H. 3564 (Word version) -- Reps. Carnell, Bales, Allen, Barfield, Breeland, Clyburn, Cobb-Hunter, Cooper, Delleney, Emory, Govan, J. Hines, M. Hines, Howard, Klauber, Littlejohn, Lloyd, Mack, McCraw, W. McLeod, Neal, Neilson, Ott, Parks, Phillips, Pinckney, Rhoad, Riser, Sharpe, Stille, Taylor, Whipper and Wilder: A BILL TO AMEND SECTION 12-36-2110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MAXIMUM TAX ON THE SALE OF SPECIFIED ITEMS, SO AS TO PLACE A THREE HUNDRED DOLLAR SALES TAX CAP ON THE SALE OF CHURCH FURNITURE WHEN THE FURNITURE IS LOCATED IN THE CHURCH AND USED FOR CHURCH PURPOSES.
Referred to Committee on Ways and Means

H. 3565 (Word version) -- Reps. Hinson, Knotts, Dantzler, Law, Whatley, Battle, J. Brown, Campsen, Chellis, Clyburn, Davenport, Gourdine, McGee, McKay, Phillips, Stuart and Young-Brickell: A BILL TO AMEND SECTION 59-149-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ELIGIBILITY FOR LEGISLATIVE INCENTIVES FOR FUTURE EXCELLENCE (LIFE) SCHOLARSHIPS, SO AS TO DEFINE A 3.0 CUMULATIVE GRADE POINT AVERAGE AS AN EIGHTY OR ABOVE ON A HUNDRED-POINT SCALE.
Referred to Committee on Ways and Means

H. 3566 (Word version) -- Rep. Jennings: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-1070, AND BY AMENDING SECTION 43-35-85, RELATING TO PENALTIES FOR ABUSE, NEGLECT, OR EXPLOITATION OF A VULNERABLE ADULT, SO AS TO MOVE THESE PENALTIES TO SECTION 16-3-1070 IN ORDER TO BE IN THE CHAPTER RELATING TO "OFFENSES AGAINST THE PERSON".
Referred to Committee on Judiciary

S. 224 (Word version) -- Senator McConnell: A BILL TO AMEND SECTION 8-13-1300, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE PROVISIONS CONCERNING CAMPAIGN PRACTICES, SO AS TO AMEND THE DEFINITION OF "COMMITTEE" TO INCLUDE WITHIN THE DEFINITION A CORPORATION, AND INCLUDE THE INFLUENCING OF THE OUTCOME OF MATTERS CONSIDERED BY THE GENERAL ASSEMBLY WHEN THE LIKENESS, IMAGE, VOICE, OR ENDORSEMENT OF A PUBLIC OFFICIAL IS USED; AND TO PROVIDE THAT THE PROVISIONS OF SECTION 8-13-1300 ARE EFFECTIVE FOR THOSE AFFECTED ENTITIES FOR ALL REPORTS AND RECORDS REQUIRED UNDER THE PROVISIONS OF ARTICLE 13, CHAPTER 13, TITLE 8, BEGINNING JULY 1, 1996.
Referred to Committee on Judiciary

S. 228 (Word version) -- Senators McConnell, Leventis and Reese: A BILL TO AMEND SECTION 30-4-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RECORDING OF A PUBLIC MEETING, SO AS TO ALLOW THOSE IN ATTENDANCE TO VIDEO TAPE A PUBLIC MEETING.
Referred to Committee on Judiciary

S. 242 (Word version) -- Senators McConnell and Rankin: A BILL TO AMEND SECTION 20-7-952, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INITIATION OF ACTIONS TO ESTABLISH PATERNITY, SO AS TO INCLUDE THE PRESUMED, INFERRED,

S. 287 (Word version) -- Senator Holland: A BILL TO AMEND SECTION 19-11-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMPETENCY OF A HUSBAND OR WIFE OF PARTY AS A WITNESS, SO AS TO PROVIDE THAT A HUSBAND OR WIFE IS REQUIRED TO DISCLOSE ANY COMMUNICATION, CONFIDENTIAL OR OTHERWISE, MADE BY ONE TO THE OTHER DURING THEIR MARRIAGE WHERE THE SUIT, ACTION, OR PROCEEDING CONCERNS OR IS BASED ON CRIMINAL DOMESTIC VIOLENCE OR CRIMINAL DOMESTIC VIOLENCE OF A HIGH AND AGGRAVATED NATURE.
Referred to Committee on Judiciary

S. 320 (Word version) -- Senator Peeler: A BILL TO AMEND SECTION 50-13-380, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO IT BEING UNLAWFUL TO TAKE CERTAIN LARGE-MOUTH BASS IN LAKE ROBINSON, SO AS TO PROVIDE THAT IT IS ALSO UNLAWFUL TO TAKE CERTAIN LARGE-MOUTH BASS IN SPECIFIED PORTIONS OF LAKE WYLIE AND THE SAVANNAH RIVER SUBJECT TO THE JURISDICTION OF THE STATE OF SOUTH CAROLINA.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs

S. 370 (Word version) -- Senators Peeler, Passailaigue and Drummond: A BILL TO AMEND CHAPTER 17, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COASTAL FISHERIES, BY ADDING SECTION 50-17-550, SO AS TO REGULATE AND PROVIDE RESTRICTIONS ON COMMERCIAL TAKING AND RECREATIONAL FISHING FOR DOLPHIN; BY ADDING SECTION 50-17-560, SO AS TO PROVIDE THAT IT IS UNLAWFUL TO HARVEST OR POSSESS SARGASSO WEED IN THIS STATE EXCEPT UNDER A PERMIT ISSUED BY THE DEPARTMENT OF NATURAL RESOURCES, AND TO PROVIDE PENALTIES FOR THE VIOLATION OF THESE SECTIONS.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs

S. 461 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO POLICY DEVELOPMENT (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 1981, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Referred to Committee on Education and Public Works

S. 462 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO SUPERIOR SCHOLARS FOR TODAY AND TOMORROW (STAR) HIGH SCHOOL DIPLOMA/SCHOLARSHIP, DESIGNATED AS REGULATION DOCUMENT NUMBER 2227, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Referred to Committee on Education and Public Works

S. 463 (Word version) -- Senators Martin and Passailaigue: A JOINT RESOLUTION TO PROVIDE THAT ALL CONTRACTOR LICENSES CONTINUE IN EFFECT UNTIL SEPTEMBER 1, 1999, AT WHICH TIME PROCEDURES FOR RENEWAL AND BIENNIAL LICENSURE, PURSUANT TO TITLE 40, CHAPTER 11, TAKE EFFECT UNLESS OTHERWISE PROVIDED FOR IN REGULATION.
Referred to Committee on Labor, Commerce and Industry

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

Allen                  Allison                Altman
Askins                 Bales                  Barfield
Barrett                Battle                 Bauer
Beck                   Bowers                 Breeland
Brown G.               Brown H.               Brown J.
Brown T.               Carnell                Cato
Chellis                Cobb-Hunter            Cooper
Dantzler               Davenport              Delleney
Easterday              Emory                  Fleming
Gamble                 Gilham                 Gourdine
Govan                  Hamilton               Harris
Harrison               Harvin                 Hawkins
Hayes                  Hines J.               Hines M.
Hinson                 Howard                 Inabinett
Kelley                 Kennedy                Kirsh
Klauber                Knotts                 Koon
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                  Rhoad
Rice                   Riser                  Robinson
Rodgers                Rutherford             Sandifer
Scott                  Seithel                Sharpe
Sheheen                Smith D.               Smith J.
Smith R.               Stille                 Stuart
Taylor                 Townsend               Trotter
Vaughn                 Walker                 Webb
Whatley                Wilder                 Wilkes
Wilkins                Woodrum                Young-Brickell

I came in after the roll call and was present for the Session on Thursday, February 18.

Robert Harrell                       George Campsen
William Witherspoon                  George Bailey
Gary Simrill                         Tracy Edge
Bill Cotty                           Olin Phillips
William Clyburn                      Douglas Jennings
Steve Lanford                        Daniel Tripp
Richard Quinn                        Clementa Pinckney
Fletcher F. Smith

Announcement was made that Dr. A. L. Pakalnis 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. 3300 (Word version)
Date:     ADD:
02/18/99   JENNINGS

Bill Number:   H. 3135 (Word version)
Date:     ADD:
02/18/99   ALTMAN

Bill Number:   H. 3135 (Word version)
Date:     ADD:
02/18/99   BARFIELD

Bill Number:   H. 3040 (Word version)
Date:     ADD:
02/18/99   BARFIELD

Bill Number:   H. 3186 (Word version)
Date:     ADD:
02/18/99   KNOTTS

Bill Number:   H. 3135 (Word version)
Date:     ADD:
02/18/99   COOPER

Bill Number:   H. 3498 (Word version)
Date:     ADD:
02/18/99   J. SMITH

Bill Number:   H. 3498 (Word version)
Date:     ADD:
02/18/99   CAMPSEN

Reps. HOWARD, JENNINGS and HARRIS, with unanimous consent, asked that the House stand in silent prayer for the six school children killed in the tragic accident in Marlboro County.

Rep. CHELLIS and the Dorchester Delegation presented to the House the Summerville High School "Green Wave" football team, 1998 Division 1-AAAA State Football Champions, their coaches and other school officials.

Rep. STUART and the Lexington Delegation presented to the House former Representative Molly Spearman congratulating her on her years of service in the House.

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

H. 3558 (Word version) -- Reps. Bailey, Cobb-Hunter and Young-Brickell: A BILL TO AMEND ACT 536 OF 1986, AS AMENDED, RELATING TO DORCHESTER COUNTY SCHOOL DISTRICT 4 AND OTHER SCHOOL MATTERS OF THE COUNTY, SO AS TO PROVIDE THAT TRUSTEES MUST BE ELECTED AT THE GENERAL ELECTION BEGINNING IN THE YEAR 2000.

H. 3040 (Word version) -- Reps. Littlejohn, McKay, Rodgers and Barfield: A BILL TO AMEND SECTION 56-1-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS EXEMPT FROM THE REQUIREMENTS TO OBTAIN A DRIVER'S LICENSE, SO AS TO PROVIDE THAT A CITIZEN OF GERMANY OR JAPAN WHO IS AT LEAST EIGHTEEN YEARS OF AGE, WHO IS EMPLOYED IN THIS STATE, AND WHO HAS A VALID DRIVER'S LICENSE ISSUED BY EITHER NATION MAY DRIVE A MOTOR VEHICLE FOR FOUR YEARS IN THIS STATE.
Rep. STUART explained the Bill

H. 3337 (Word version) -- Rep. Harrison: A BILL TO AMEND SECTION 1-23-510, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ADMINISTRATIVE LAW JUDGE WHO EXERCISES THE POWERS AND FUNCTIONS OF THE CHIEF ADMINISTRATIVE LAW JUDGE IN THE EVENT THERE IS A VACANCY IN THAT OFFICE, SO AS TO PROVIDE THAT THE POWERS AND FUNCTIONS ARE EXERCISED BY THE MOST

On motion of Rep. COBB-HUNTER, with unanimous consent, it was ordered that H. 3558 (Word version) be read the third time tomorrow.

On motion of Rep. STUART, with unanimous consent, it was ordered that H. 3040 (Word version) be read the third time tomorrow.

On motion of Rep. HARRISON, with unanimous consent, it was ordered that H. 3337 (Word version) be read the third time tomorrow.

Rep. FLEMING moved to adjourn debate upon the following Bill until Tuesday, February 23, which was adopted.

H. 3532 (Word version) -- Reps. Fleming, Loftis, Townsend, Whatley, Clyburn, Lanford, Mason, Edge, Altman, McCraw, Scott, Stuart, Harris, Dantzler, Allison, Wilkins, Harrison, Gourdine, D. Smith, Howard, Tripp, Harrell, Webb, Bailey, Barfield, Bauer, Beck, G. Brown, Campsen, Canty, Cato, Chellis, Cooper, Cotty, Delleney, Easterday, Emory, Gamble, Hamilton, Hawkins, Harvin, J. Hines, Jennings, Kelley, Klauber, Knotts, Leach, Limehouse, Littlejohn, Lucas, Maddox, Martin, McGee, McKay, M. McLeod, W. McLeod, Neal, Phillips, Pinckney, Quinn, Rhoad, Rice, Robinson, Rodgers, Sandifer, Sheheen, Koon, Simrill, F. Smith, R. Smith, Taylor, Trotter, Whipper, Witherspoon, Woodrum and Young-Brickell: A BILL TO AMEND SECTION 56-3-620, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION FEES FOR CERTAIN PRIVATE PASSENGER MOTOR VEHICLES, SO AS TO REVISE THE FEE FOR PERSONS SIXTY-FIVE YEARS OF AGE OR OLDER WHO REGISTER A PROPERTY-CARRYING VEHICLE WITH A GROSS WEIGHT OF FIVE THOUSAND POUNDS OR LESS.

The following Bill was taken up:

H. 3146 (Word version) -- Reps. Cobb-Hunter and Moody-Lawrence: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 43-1-205 SO AS TO REQUIRE AN AGENCY RECEIVING FUNDS FROM THE DEPARTMENT OF SOCIAL SERVICES FOR THE TREATMENT OF PERPETRATORS OF DOMESTIC VIOLENCE TO COMPLY WITH PROGRAM STANDARDS CONTAINED IN THE DEPARTMENT'S ANNUAL BATTERED SPOUSE STATE PLAN.

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. 3169 (Word version) -- Rep. J. Brown: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-29-260 SO AS TO PROVIDE THAT EVERY PREGNANT FEMALE WHO INITIALLY CONSULTS A HEALTH CARE PROFESSIONAL MUST BE COUNSELED ABOUT THE HUMAN IMMUNODEFICIENCY VIRUS AND OTHER MATTERS RELATED THERETO, TO PROVIDE FOR THE MANNER IN WHICH ANY HIV TEST RESULTS MUST BE REPORTED, TO PROVIDE FOR THE MANNER IN WHICH THE RESULTS MAY BE RELEASED TO OTHER HEALTH CARE PROFESSIONALS, AND TO PROVIDE FOR AN HIV COUNSELING AND TESTING CONSENT FORM WHICH EVIDENCES THE FACT THAT THE MOTHER WAS OFFERED HIV TESTING.

Rep. T. 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.

The following Bill was taken up:

H. 3186 (Word version) -- Reps. Harrell and Knotts: A BILL TO AMEND SECTION 40-47-160, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RECIPROCAL CERTIFICATION OF PHYSICIANS BY THE STATE BOARD OF MEDICAL EXAMINERS, SO AS TO ALLOW RECIPROCAL CERTIFICATION OF PHYSICIANS LICENSED BY THE MEDICAL COUNCIL OF CANADA.

Rep. SCOTT 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. 3079 (Word version) -- Reps. Sharpe and Emory: A BILL TO AMEND SECTION 23-31-320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE USE AND POSSESSION OF MACHINE GUNS AND MILITARY FIREARMS, SO AS TO PROVIDE THAT THE PROVISIONS WITH CERTAIN EXCEPTIONS RESTRICTING THE USE AND POSSESSION OF MACHINE GUNS AND MILITARY FIREARMS ALSO NOT APPLY TO ANY DEALER OR PERSON LICENSED OR HOLDING A VALID PERMIT ISSUED PURSUANT TO FEDERAL LAW IF THE POSSESSION, TRANSPORTATION OR SHIPMENT IS NOT PROHIBITED BY FEDERAL LAW.

Rep. GOURDINE 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. 3301 (Word version) -- Reps. Beck and Mason: A BILL TO AMEND SECTION 20-7-1800, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPEALS OF ADOPTION PROCEEDINGS, SO AS TO PROVIDE THAT APPEALS MAY BE TAKEN FROM FINAL ORDERS OF ADOPTION IN THE SAME MANNER AS OTHER FAMILY COURT MATTERS, THAT AFTER A FINAL ORDER IS ENTERED, NO PARTY, OR PERSON CLAIMING UNDER A PARTY, MAY QUESTION THE VALIDITY OF THE ADOPTION BECAUSE OF A DEFECT; TO PROVIDE THAT ONLY A PARTY TO AN ADOPTION MAY ATTACK THE ADOPTION DIRECTLY OR COLLATERALLY; TO PROVIDE THAT A PARENT WHOSE CONSENT WAS OBTAINED BY FRAUD OR DURESS MAY, WITHIN SIX MONTHS OF THE FINAL ORDER OR OF DISCOVERING THE FRAUD OR DURESS, MOVE TO HAVE THE ORDER SET ASIDE; AND TO PROVIDE THAT A PARENT WHOSE CONSENT WAS REQUIRED BUT NOT OBTAINED MAY, WITHIN SIX MONTHS OF THE OMISSION OR OF DISCOVERING THE OMISSION, MOVE TO HAVE THE ORDER SET ASIDE.

Rep. NEAL 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. 3056 (Word version) -- Rep. Kirsh: A BILL TO AMEND SECTION 22-2-130, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PENALTY FOR FAILURE TO APPEAR FOR JURY SERVICE IN MAGISTRATE'S COURT AND THE FREQUENCY OF JURY SERVICE SO AS TO PROVIDE THAT A PERSON SHALL NOT SERVE ON A JURY MORE THAN ONCE EVERY THREE YEARS RATHER THAN ONCE EVERY THREE MONTHS.

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\BBM\AMEND\9006SOM99):
Amend the bill, as and if amended, in Section 22-2-130 as contained in SECTION 1, on line 35, page 1, by striking /three calendar years/ and inserting / calendar year /
When amended, Section 22-2-130 shall read:

/ Section 22-2-130.   If any a juror duly summoned neglects or refuses to appear in obedience to any a venire issued by a magistrate's court and within forty-eight hours does not render within forty-eight hours to the summoning magistrate a sufficient reason for his delinquency, he shall pay a civil penalty not exceeding one hundred dollars. A failure to pay forthwith the civil penalty assessed constitutes is a contempt of court and may be punished accordingly. No A person shall not serve on a jury in a magistrate's court more than once in a three-month period every calendar year. /
Renumber sections to conform.
Amend title to conform.

Rep. HARRISON explained the amendment.

Rep. LLOYD 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:

S. 248 (Word version) -- Senators Leatherman and McGill: A BILL TO AMEND ARTICLE 9, CHAPTER 11, TITLE 55, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PEE DEE REGIONAL AIRPORT DISTRICT, BY ADDING SECTION 55-11-650 SO AS TO AUTHORIZE THE AUTHORITY TO DEPOSIT, EXPEND MONIES, ACCEPT DONATIONS, ISSUE NEGOTIABLE INSTRUMENT BONDS, NOTES, AND OTHER EVIDENCES OF INDEBTEDNESS.

Rep. KNOTTS 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 Joint Resolution was taken up:

H. 3551 (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 EXAMINERS IN OPTICINARY, RELATING TO CONTINUING EDUCATION, LICENSURE, APPRENTICESHIPS, EXAMINATIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2354, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. DAVENPORT made the Point of Order that the Joint Resolution 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. 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. 3456 (Word version) -- Reps. Cobb-Hunter, Neal and M. Hines: A BILL TO AMEND SECTION 34-11-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DRAWING AND UTTERING A FRAUDULENT CHECK, DRAFT, OR OTHER WRITTEN ORDER, SO AS TO PROVIDE THAT THE SECTION DOES NOT APPLY TO A CHECK GIVEN TO A DEFERRED PRESENTMENT SERVICE OR A CHECK CASHING SERVICE; TO AMEND SECTION 34-11-70, AS AMENDED, RELATING TO EVIDENCE OF FRAUDULENT INTENT AND PROSECUTION FOR ISSUANCE OF A FRAUDULENT CHECK, DRAFT, OR OTHER WRITTEN ORDER, SO AS TO PROVIDE THAT A COMMERCIAL AGENT FOR COLLECTION OF AN OBLIGATION PAID FOR WITH A FRAUDULENT CHECK, DRAFT, OR OTHER WRITTEN ORDER DOES NOT HAVE THE SAME RIGHTS AS THE ORIGINAL PAYEE UNLESS THE CHECK, DRAFT, OR OTHER WRITTEN ORDER HAS BEEN ENDORSED OVER TO THE AGENT FOR COLLECTION FOR VALUE AND WITHOUT RESERVATION OF RIGHTS; TO AMEND SECTION 34-39-180, RELATING TO REGULATION OF DEFERRED PRESENTMENT SERVICES AND SECTION 34-41-60, RELATING TO REGULATION OF CHECK CASHING SERVICES, SO AS TO PROVIDE THAT NEITHER SERVICE MAY RELY ON THE CIVIL OR CRIMINAL REMEDIES IN CHAPTER, 11, TITLE 34, FOR PROSECUTING OR CIVILLY ENFORCING PAYMENT OF A FRAUDULENT CHECK.

Rep. SCOTT asked unanimous consent to recall H. 3004 (Word version) from the Committee on Ways and Means.
Rep. YOUNG-BRICKELL objected.

Rep. PINCKNEY asked unanimous consent to recall H. 3175 (Word version) from the Committee on Judiciary.
Rep. HARRISON objected.

Rep. QUINN asked unanimous consent to recall H. 3557 (Word version) from the Committee on Education and Public Works.
Rep. NEAL objected.

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

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, Knotts and Webb: 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 motion period was dispensed with on motion of Rep. WEBB.

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

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

H. 3567 (Word version) -- Reps. Walker, Allison, Davenport, Lanford, Lee, Littlejohn and D. Smith: A BILL TO AMEND ACT 499 OF 1998, RELATING TO THE DISTRIBUTION OF FOUNDATION MONIES

H. 3568 (Word version) -- Reps. Altman and Harrison: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-15-115 SO AS TO PROVIDE A FORFEITURE PROCEDURE WITH RESPECT TO CASH THAT IS CONFISCATED FROM A PERSON ARRESTED FOR A PROSTITUTION VIOLATION; AND TO AMEND SECTION 16-15-110, RELATING TO PENALTIES FOR PROSTITUTION VIOLATIONS, SO AS TO PROVIDE THAT CASH CONFISCATED PURSUANT TO AN ARREST FOR PROSTITUTION IS SUBJECT TO FORFEITURE.
Referred to Committee on Judiciary

H. 3569 (Word version) -- Rep. Bauer: A BILL TO AMEND SECTION 12-36-2120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM THE STATE SALES AND USE TAX, SO AS TO ADD AS AN EXEMPTION THE SALES PRICE OF SCHOOL YEARBOOKS.
Referred to Committee on Ways and Means

H. 3570 (Word version) -- Reps. Robinson, D. Smith, Simrill, Vaughn, Kirsh, Harrison, Moody-Lawrence, Tripp, Walker and Woodrum: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-21-2777 SO AS TO IMPOSE A TAX EQUAL TO NINE AND EIGHT-TENTHS PERCENT ON THE GROSS MACHINE INCOME OF VIDEO GAMES WITH A FREE PLAY FEATURE, TO PROVIDE FOR ITS REPORTING, PAYMENT, AND COLLECTION AND FOR THE USE OF THE REVENUES OF THE TAX, INCLUDING SOCIAL SERVICES FOR COMPULSIVE GAMBLERS, REVENUES TO OFFSET A SALES TAX EXEMPTION ON FOOD, AND FOR PUBLIC SCHOOL CONSTRUCTION; BY ADDING SECTION 12-21-2800 SO AS TO ESTABLISH THE VIDEO GAMES REGULATION AND ENFORCEMENT ADVISORY COMMITTEE; AND TO AMEND SECTION 12-36-2120, AS AMENDED, RELATING TO SALES

H. 3571 (Word version) -- Reps. Robinson, Barrett, Harrison, Kirsh, Knotts, Rice, Simrill, Tripp, Vaughn, Walker, Whatley, Woodrum, Easterday and Loftis: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO FINANCE AND TAXATION, BY ADDING SECTION 1A AND AMENDING SECTION 6, SO AS TO PROVIDE THAT PROPERTY TAX MUST BE LEVIED SEPARATELY ON ANY CLASSIFICATION OF PERSONAL PROPERTY CREATED TO INCLUDE A PORTION OF THE "ALL OTHER PERSONAL PROPERTY" CLASSIFICATION BUT SUBJECT TO AN ASSESSMENT RATIO OF LESS THAN TEN AND ONE-HALF PERCENT AND TO PROVIDE THAT THE MILLAGE RATE IMPOSED ON THIS NEW CLASS MAY NOT EXCEED THE RATE IMPOSED FOR 2000 EXCEPT UPON REFERENDUM APPROVAL OR BY A POSITIVE MAJORITY VOTE OF THE GOVERNING BODY, AND TO DEFINE "POSITIVE MAJORITY" AND TO MAKE A CONFORMING AMENDMENT, AND TO PROPOSE AN AMENDMENT TO SECTION 1(8) OF ARTICLE X, RELATING TO THE ASSESSMENT RATIO ON "ALL OTHER PERSONAL PROPERTY", SO AS TO CREATE A NEW PROPERTY TAX CLASSIFICATION CONSISTING OF PERSONAL PROPERTY NOT USED IN A TRADE OR BUSINESS WHICH MUST BE TITLED BY A STATE OR FEDERAL AGENCY EXCLUDING AIRCRAFT AND UNITS OF MANUFACTURED HOUSING AND PROVIDING AN ASSESSMENT RATIO FOR THIS NEW CLASS EQUAL TO NINE AND THIRTY-EIGHT HUNDREDTHS PERCENT OF FAIR MARKET VALUE DECLINING OVER FOUR YEARS TO A PERMANENT RATE OF SIX PERCENT AND TO PROVIDE EFFECTIVE DATES.
Referred to Committee on Ways and Means

H. 3572 (Word version) -- Reps. Bauer, Bailey, Barfield, Barrett, Battle, Beck, Bowers, G. Brown, J. Brown, Canty, Carnell, Cato, Clyburn, Cotty, Dantzler, Emory, Fleming, Gourdine, Harvin, Hayes, J. Hines, M. Hines, Hinson, Howard, Inabinett, Jennings, Kennedy, Knotts, Koon,

H. 3573 (Word version) -- Reps. D. Smith, Robinson and Tripp: A BILL TO AMEND TITLE 58, CODE OF THE LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC UTILITIES, SERVICES, AND CARRIERS, BY ADDING CHAPTER 28 SO AS TO ENACT THE "SOUTH CAROLINA COMPETITIVE POWER ACT OF 1999" WHICH PROVIDES FOR LEGISLATIVE FINDINGS AND DECLARATIONS, REQUIRES THE PUBLIC SERVICE COMMISSION TO ADOPT A PLAN FOR RESTRUCTURING THE ELECTRIC UTILITY INDUSTRY, REQUIRES ELECTRIC UTILITIES TO FILE WITH THE PUBLIC SERVICE COMMISSION A RESTRUCTURING PLAN PROVIDING FOR CUSTOMER CHOICE, PROVIDES THAT ALL RETAIL CUSTOMERS SHALL BE PERMITTED TO CHOOSE THEIR PROVIDERS OF ELECTRIC GENERATION SERVICES BY A CERTAIN DATE, PROVIDES FOR THE MANNER IN WHICH MUNICIPAL UTILITIES, ELECTRIC COOPERATIVES, AND STATE PUBLIC SERVICE AUTHORITIES SHALL PARTICIPATE IN THE TRANSITION TO COMPETITION, REQUIRES ELECTRIC UTILITIES TO FILE WITH THE PUBLIC SERVICE COMMISSION A PLAN FOR RECOVERING STRANDED COSTS, CREATES A LEGISLATIVE OVERSIGHT COMMITTEE ON ELECTRIC UTILITY RESTRUCTURING, AND PROVIDES FOR RELATED MATTERS; AND TO REPEAL ARTICLES 3 AND 5, CHAPTER 27 OF TITLE 58 OF THE 1976 CODE RELATING TO SERVICE

H. 3574 (Word version) -- Reps. Knotts, Bowers, Hayes, Limehouse, Mason and Whatley: A BILL TO AMEND SECTION 59-111-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FREE TUITION FOR CERTAIN VETERANS' CHILDREN AT STATE-SUPPORTED COLLEGES, UNIVERSITIES, AND TECHNICAL SCHOOLS, SO AS TO PROVIDE THAT CHILDREN OF VETERANS AWARDED A PURPLE HEART FOR WOUNDS RECEIVED IN COMBAT ALSO QUALIFY FOR FREE TUITION UNDER THE CONDITIONS STIPULATED IN THIS SECTION.
Referred to Committee on Ways and Means

H. 3575 (Word version) -- Rep. Knotts: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-112-35 SO AS TO PROVIDE THAT A DEPENDENT OF A PERSON WHO IS A RESIDENT OF ANOTHER STATE AND WHO HAS PAID SOUTH CAROLINA INCOME ON LOCAL PROPERTY TAXES FOR THE PREVIOUS YEAR IN A TOTAL AMOUNT EXCEEDING TWO THOUSAND DOLLARS IS ENTITLED TO PAY IN-STATE TUITION RATES FOR THE SUCCEEDING YEAR AT STATE INSTITUTIONS OF HIGHER LEARNING.
Referred to Committee on Ways and Means

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

The Senate returned to the House with concurrence the following:

H. 3426 (Word version) -- Rep. Harris: A CONCURRENT RESOLUTION INVITING THE WINNERS OF THE 1999 JEAN LANEY HARRIS FOLK HERITAGE AWARDS AND THE MEMBERS OF THE 1999 JEAN LANEY HARRIS FOLK HERITAGE AWARDS ADVISORY COMMITTEE TO ATTEND A JOINT SESSION OF THE HOUSE OF REPRESENTATIVES AND THE SENATE IN THE HALL OF THE HOUSE OF REPRESENTATIVES ON WEDNESDAY, APRIL 21, 1999, AT 12:00 NOON AND TO RECOGNIZE AND

H. 3453 (Word version) -- Rep. G. Brown: A CONCURRENT RESOLUTION DECLARING NOVEMBER 7-13, 1999 AS "SOUTH CAROLINA ALZHEIMER'S DISEASE AWARENESS WEEK" FOR 1999.

H. 3489 (Word version) -- Reps. R. Smith, Beck, Clyburn, Mason, Sharpe and Sheheen: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE BRIDGE ON HIGHWAY 421 CROSSING THE RAILROAD TRACKS IN THE TOWN OF BATH THE "WILLIAM HENRY 'BILLY' JONES BRIDGE" AND TO ERECT APPROPRIATE MARKERS.

H. 3490 (Word version) -- Reps. Wilkins, 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, Sharpe, Sheheen, Simrill, Stille, Stuart, T. Brown, Taylor, Townsend, Tripp, Trotter, Vaughn, W. McLeod, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Witherspoon, Woodrum and Young-Brickell: A CONCURRENT RESOLUTION SALUTING THE NATIONAL BETA CLUB, WHICH WAS FOUNDED IN LANDRUM IN SPARTANBURG COUNTY, ON ITS SIXTY-FIFTH ANNIVERSARY AND DECLARING THE WEEK OF MARCH 1-7, 1999, AS NATIONAL BETA CLUB WEEK.

H. 3538 (Word version) -- Rep. H. Brown: A CONCURRENT RESOLUTION EXPRESSING THE APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE HONORABLE HARRY W.

At 10:52 A.M. the House in accordance with the motion of Rep. HOWARD adjourned in memory of the six school children killed in the tragic accident in Marlboro County, to meet at 10:00 A.M. tomorrow.

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