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Renumber sections to conform.

Amend totals and title to conform.

Rep. MARTIN explained the amendment.

Reps. WHIPPER, G. BROWN, INABINETT, WILLIAMS, BREELAND, HOLT and FELDER objected to the Bill.

The following Bill was taken up.

S. 778 -- Senator Setzler: A BILL TO AMEND SECTION 59-1-440, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MINIMUM HOURS AND USE OF THE SCHOOL DAY, SO AS TO PROVIDE THAT THE REQUIRED INSTRUCTIONAL DAY OF SIX HOURS MAY ALSO CONSIST OF A WEEKLY EQUIVALENT AND TO PROVIDE AN APPROVAL PROCEDURE FOR THE EARLY DISMISSAL OF SCHOOLS NECESSITATED BY EMERGENCY CONDITIONS AND THAT THE DAYS MISSED ARE NOT REQUIRED TO BE MADE UP IF THE EARLY DISMISSAL IS APPROVED.

The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\GJK\20832SD.94), which was adopted.

Amend the bill, as and if amended, by striking Section 59-1-440 of the 1976 Code, as contained in SECTION 1, and inserting:

/"Section 59-1-440. The instructional day for secondary students must be at least six hours a day, or its equivalent weekly, excluding lunch. The school day for elementary students must be at least six hours a day, or its equivalent weekly, including lunch. Before varying the length of the school day, the administration must consult with the affected parents of students and school faculty, and obtain authorization to vary the length of the school day from the school district board of trustees.

The early dismissal of schools necessitated by emergency conditions related to weather or other extreme circumstances affecting the health, safety, and welfare of students must be reported in writing to the Director of the Office of Organizational Development of the Department of Education within ten days of the conclusion of the emergency for approval. The report must include a justification for the early dismissal. If approved, the day or days missed are not required to be made up. During the first three school years of implementation of this approval provision, the schools dismissing early and number of days approved to not be made up must be reported by the State Superintendent of Education to the Senate Education Committee and the House Education and Public Works Committee.

Priority during the instructional day must be given to teaching and learning tasks. Class interruptions must be limited only to emergencies. Volunteer blood drives as determined by the principal may be conducted at times which would not interfere with classroom instruction such as study period, lunch period, and before and after school."/

Renumber sections to conform.

Amend totals and title to conform.

Rep. WRIGHT explained the amendment.

The amendment was then adopted.

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

Rep. HOUCK moved to adjourn debate upon the following Bill until Wednesday, May 18, which was adopted.

S. 48 -- Senator Bryan: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-115-15 SO AS TO ADD THE DEFINITION OF "HEALTH CARE PROVIDER"; AND TO AMEND TITLE 44, CHAPTER 115, RELATING TO THE PHYSICIANS' PATIENT RECORDS ACT, SO AS TO CHANGE THIS CHAPTER TO THE "PATIENT MEDICAL RECORDS ACT" AND TO

Rep. KIRSH moved to waive Rule 6.1.

Rep. SHEHEEN moved that the House do now adjourn, which was adopted.

The Senate returned to the House with concurrence the following:

H. 5211 -- Reps. Scott, J. Brown, Byrd, Neal, Shissias, Cromer, Rogers, Waites, Corning and Harrison: A CONCURRENT RESOLUTION TO COMMEND MR. J. WILLIAM MARTIN OF COLUMBIA FOR HIS EXEMPLARY SERVICE TO THE STATE OF SOUTH CAROLINA WITH THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL UPON THE OCCASION OF HIS UPCOMING RETIREMENT.

H. 5212 -- Reps. Kelley, Harvin, Keegan, Worley, Snow, Martin and Thomas: A CONCURRENT RESOLUTION CONGRATULATING COASTAL CAROLINA UNIVERSITY ON ITS FORTIETH ANNIVERSARY AS AN INSTITUTION OF HIGHER LEARNING, AND COMMENDING THE UNIVERSITY ON ITS PHENOMENAL SUCCESS AND FOR ITS OUTSTANDING ACHIEVEMENTS IN HIGHER EDUCATION.

H. 5213 -- Rep. Anderson: A CONCURRENT RESOLUTION COMMENDING JOHN A. MCCARROLL OF GREENVILLE FOR HIS MANY ACCOMPLISHMENTS AS THE EXECUTIVE DIRECTOR OF THE PHILLIS WHEATLEY ASSOCIATION IN GREENVILLE, AND SALUTING THE PHILLIS WHEATLEY ASSOCIATION ON ITS SEVENTY-FIFTH ANNIVERSARY.

H. 5215 -- Rep. Davenport: A CONCURRENT RESOLUTION EXTENDING CONGRATULATIONS AND BEST WISHES OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE ONE HUNDRED TEN YEAR OLD FIRST BAPTIST CHURCH OF NORTH SPARTANBURG.

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, Who has called us to tasks beyond our wisdom and to labors beyond our strength, teach us to lean heavily upon Your strong right arm. Amid all the voices of this vast and varied world, save us from the terrible tragedy of missing Your beckoning. We admit that in the conceit of our own self- sufficiency, too often we have turned with our burning thirsts to the broken cisterns of worldly wisdom and to our own sophisticated cleverness. May the highest truths illuminate our nearest duty; the noblest aspirations transfigure our humblest tasks.

Make of us vehicles of Your gracious and Fatherly will. Hear us, Lord, in this our morning prayer. 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. HARRELL moved that when the House adjourns, it adjourn in memory of Walter K. "Kenny" Smoak of Yonges Island, Charleston County, which was agreed to.

The following was received from the Senate.

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

On motion of Rep. BOAN, the House insisted upon its amendments.

Whereupon, the Chair appointed Reps. BOAN, HALLMAN and COBB-HUNTER to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.

The following was received from the Senate.

The Senate respectfully informs your Honorable Body that it insists upon its amendments to H. 4283:
H. 4283 -- Reps. Barber, Jennings, Gonzales, Quinn, Harvin, Wells, Wright, Harrison, R. Smith, Fulmer, D. Wilder, Klauber, A. Young and Corning: A BILL TO AMEND TITLE 33, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 43 RELATING TO CORPORATIONS SO AS TO ENACT THE "SOUTH CAROLINA LIMITED LIABILITY COMPANY ACT" WHICH PERMITS A LIMITED LIABILITY COMPANY (LLC) FORMED PURSUANT TO THIS ACT TO BE TREATED AS A PARTNERSHIP FOR TAX PURPOSES TOGETHER WITH THE ABSENCE OF INDIVIDUAL LIABILITY OF THE MEMBERS OF THE LIMITED LIABILITY COMPANY FOR ITS OBLIGATIONS, WHICH PROVIDES FOR THE MANNER IN WHICH LIMITED LIABILITY COMPANIES ARE FORMED, FOR RELATIONS BETWEEN MEMBERS AND MANAGERS TO PERSONS DEALING WITH THE LIMITED LIABILITY COMPANIES, FOR THE RIGHTS AND DUTIES OF MEMBERS AND MANAGERS, FOR FINANCE MATTERS, FOR

Very respectfully,
President

Whereupon, the Chair appointed Reps. BARBER, CROMER and WILKES to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.

The following was received.
Columbia, S.C., May 17, 1994
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 674:
S. 674 -- Senator Land: A BILL TO AMEND SECTION 12-36-90, 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 THAT GROSS PROCEEDS DO NOT INCLUDE THAT PORTION OF A CHARGE SUBJECT TO AND USE TAX ATTRIBUTABLE TO

Very respectfully,
President

Received as information.

The following was received.
Columbia, S.C., May 17, 1994
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 1410:
S. 1410 -- Senators McConnell, Saleeby, Moore and Russell: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, MAY 25, 1994, AS THE TIME TO ELECT AN ASSOCIATE JUSTICE OF THE SOUTH CAROLINA SUPREME COURT TO FILL THE UNEXPIRED TERM AS AN ASSOCIATE JUSTICE OF THE HONORABLE ERNEST A. FINNEY, JR., UPON HIS ELECTION AS CHIEF JUSTICE OF THE SOUTH CAROLINA SUPREME COURT, TO ELECT A FAMILY COURT JUDGE FROM THE EIGHTH JUDICIAL CIRCUIT, SEAT 1, TO FILL THE UNEXPIRED TERM OF THE HONORABLE WILLIAM J. CRAINE, JR., WHOSE TERM EXPIRES JUNE 30, 1995, TO ELECT A FAMILY COURT JUDGE FROM THE ELEVENTH JUDICIAL CIRCUIT, SEAT 3, TO FILL THE UNEXPIRED TERM OF THE HONORABLE MARC H. WESTBROOK, WHOSE TERM EXPIRES JUNE 30, 1995, TO ELECT A FAMILY COURT JUDGE FROM THE SIXTEENTH JUDICIAL CIRCUIT, SEAT 1, TO FILL THE UNEXPIRED TERM OF THE HONORABLE DAVID N. WILBURN, JR., WHOSE TERM EXPIRES JUNE 30, 1998, TO ELECT A JUDGE OF THE ADMINISTRATIVE LAW JUDGE DIVISION, SEAT 4, TO SERVE FOR A FIVE-YEAR TERM TO BEGIN FEBRUARY 1, 1995, TO ELECT A JUDGE OF THE ADMINISTRATIVE LAW JUDGE DIVISION, SEAT 5, TO SERVE FOR A THREE-YEAR TERM TO BEGIN FEBRUARY 1, 1995, AND TO ELECT A JUDGE OF THE

Received as information.

The following was received.
Columbia, S.C., May 17, 1994
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 992:
S. 992 -- Senator Land: A BILL TO AMEND SECTION 50-9-1020, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POINT SYSTEM FOR SUSPENDING HUNTING AND FISHING PRIVILEGES, SO AS TO PROVIDE FOR AN ADDITIONAL HUNTING VIOLATION PERTAINING TO RACCOONS; TO AMEND SECTION 50-11-120, AS AMENDED, RELATING TO THE HUNTING SEASONS FOR SMALL GAME, SO AS TO REVISE THE SEASON FOR RACCOON AND OPOSSUM IN GAME ZONE 9; TO AMEND SECTION 50-11-140, AS AMENDED, RELATING TO REQUIREMENTS FOR HUNTING RACCOONS AND OPOSSUMS, SO AS TO INCLUDE FOX AND PROVIDE FOR ADDITIONAL REQUIREMENTS AND PENALTIES; AND TO AMEND SECTION 50-11-2500, AS AMENDED, RELATING TO PERMITS TO HOLD FUR AFTER THE SEASON FOR TAKING FURBEARERS, SO AS TO INCLUDE FURBEARERS AND THEIR PELTS WITHIN THE PERMIT APPLICATION AND RELATED REQUIREMENTS.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
President

Received as information.

The following was received.
Columbia, S.C., May 17, 1994
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to H. 3141:
H. 3141 -- Reps. McLeod, G. Brown, Farr, H. Brown, Holt, Houck, McCraw, Hines, Walker, Neal, M.O. Alexander, McMahand, Breeland, Shissias, J. Harris, Phillips, Byrd and R. Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 57-25-15 SO AS TO PROVIDE THAT THE PROHIBITION ON CERTAIN SIGNS IN THE HIGHWAY RIGHT-OF-WAY DOES NOT EXTEND TO A WELCOME SIGN ERECTED BY THE GOVERNING BODY OF A MUNICIPALITY OR COUNTY IF THE SIGN PRESENTS NO TRAFFIC HAZARD.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
President

Received as information.

The following was received.
Columbia, S.C., May 17, 1994
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has sustained the veto by the Governor on R347, S. 520 by a vote of 0 to 46.
(R347) S. 520 -- Senators Thomas and Wilson: AN ACT TO AMEND SECTION 7-13- 860, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT, QUALIFICATIONS, IDENTIFICATION, AND CONDUCT OF POLL WATCHERS, SO AS TO SPECIFY THE MAXIMUM SIZE AND SIZE OF LETTERING ON IDENTIFICATION BADGES AND TO PROHIBIT BADGES IN FLUORESCENT COLORS AND TO AMEND SECTION 7-25-180, AS AMENDED, RELATING TO THE DISTRIBUTION OF CAMPAIGN LITERATURE ON ELECTION DAY WITHIN TWO HUNDRED FEET OF A BUILDING WHERE A POLLING PLACE IS LOCATED, SO AS TO AUTHORIZE A CANDIDATE TO APPEAR AND GREET VOTERS IF HE IS NOT INTIMIDATING, AND TO PROVIDE THAT THE CANDIDATE MAY WEAR A LABEL IDENTIFYING HIMSELF AS A CANDIDATE AND THE

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