Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 10:45 A.M., the hour to which it stood adjourned and was called to order by the PRESIDENT.

A quorum being present the proceedings were opened with a devotion by the Chaplain as follows:

Beloved, hear this morning from the Author of the Epistle to the Hebrews, Chapter 3 (4-5):

"For every house is built by some-

one, but God is the builder of every-

thing. Moses was faithful as a servant

in all God's house... " (NIV).
Let us pray.

O Lord, we know that this State House of ours is a House of God... just as surely as any cathedral, synagogue or church... and that we worship also by serving... faithfully.

Forgive us when we try to separate the secular from the sacred, thinking that God is concerned only with the sacred.

Teach us to believe that every hour is sacred... and every area of our life is sacred... and we are responsible not only to the voters but also... and first of all... to Thee for the way we use our talents... and spend our time.

Help us, like Moses, to be faithful "as a servant".

Amen.

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

County Carmichael Manning Lindsay Misc. Write-Ins

(D) (P) (W-I)

Chesterfield 66 171 24 5

Dillon 3758 652 22 10

Marlboro 613 1197 1341

District Totals 4437 2020 1387 15

May 28, 1991

Certified to be a true and correct copy as taken from and compared with the original on file in this office.

Jim Miles
Secretary of State of South Carolina

Honorable Jim Miles
Secretary of State
Wade Hampton Office Bldg.
Columbia, South Carolina 29202

Re: Results - May 14, 1991
Senate District #28

Dear Mr. Secretary,

The State Board of Canvassers hereby certifies that Mr. Gene Carmichael was elected to the office of South Carolina State District 28 in the special election held in Dillon, Marlboro, and Chesterfield counties on May 14, 1991.

Attached is a copy of all votes received in this election. The attached sheets are made a part of this certification.

Sincerely,
William B. DePass, Jr., Chairman
Roger Leaks, Jr., Vice-Chairman
Dr. Neal D. Thigpen
Philip T. Bradley
STATE BOARD OF CANVASSERS
Dated this 23rd day of May

May 22, 1991
Mr. President and Members of the Senate:

I am transmitting herewith appointments for confirmation. These appointments are made with the "advice and consent of the Senate," and are, therefore, submitted for your consideration.

Respectfully,
Carroll A. Campbell, Jr.

Initial Appointments, Members, Marlboro County Magistrates, with terms to expire on April 30, 1995:

Initial Appointments under Act 678 of 1988:

Mr. Carroll Milton Gray, P.O. Box 418, Bennettsville, South Carolina 29512

Mr. James Elbert Jones, 313 Railroad Avenue, McColl, South Carolina 29570

May 23, 1991
Mr. President and Members of the Senate:

I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the Senate," and is, therefore, submitted for your consideration.

Respectfully,
Carroll A. Campbell, Jr.

Initial Appointment, Member, Berkely County Magistrate, with term to expire on April 30, 1995:

Initial Appointment under Act 678 of 1988:

Ms. Pamela J. Polzin, 131 Bridgecreek Drive, Goose Creek, South Carolina 29445 VICE Ronald L. Altman

May 13, 1991
Mr. President and Members of the Senate:

I am transmitting herewith an appointments for confirmation. These appointments are made with the "advice and consent of the Senate," and are, therefore, submitted for your consideration.

Respectfully,
Carroll A. Campbell, Jr.

Initial Appointments, Members, Pickens County Magistrates, with terms to expire on April 30, 1994:

Initial Appointment under Act 678 of 1988:

Mr. John B. Robinson, Jr., Pickens County Law Enforcement Center, Suite 216, Pickens, South Carolina 29671

Mr. James Edward King, 268 Piney Trail, Liberty, South Carolina 29657 VICE Mr. Roger Crowe (Deceased)

May 29, 1991
Mr. President and Members of the Senate:

I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the Senate," and is, therefore, submitted for your consideration.

Respectfully,
Carroll A. Campbell, Jr.

Initial Appointment, Member, Greenville County Magistrate, with term to expire on April 30, 1994:

Initial Appointment under Act 678 of 1988 Congressional District:

Mr. Charles Ralph Garrett, 270 Pilot Road, Greenville, South Carolina 29609 VICE Dill Blackwell

S. 1015 -- Senator Saleeby: A CONCURRENT RESOLUTION TO RECOGNIZE HARTSVILLE AS IT CELEBRATES THE ONE HUNDREDTH ANNIVERSARY OF THE DATE ITS ORIGINAL CHARTER WAS APPROVED BY THE GENERAL ASSEMBLY DECEMBER 11, 1891.

Returned with concurrence.

Received as information.

S. 1016 -- Senator Setzler: A CONCURRENT RESOLUTION TO CONGRATULATE THE WAGENER-SALLEY GIRLS SOFTBALL TEAM FOR WINNING THE 1991 STATE CLASS A SOFTBALL CHAMPIONSHIP.

Returned with concurrence.

Received as information.

The PRESIDENT appointed Senators LEVENTIS, LAND, MULLINAX, and WILSON to escort Lieutenant General Charles A. Horner and members of his party to the House Chamber for the Joint Assembly.

At eleven o'clock A.M., the Senate appeared in the Hall of the House.

The PRESIDENT of the Senate called the Joint Assembly to order and announced that it had convened under the terms of a Concurrent Resolution adopted by both Houses.

The Reading Clerk of the Senate read the Concurrent Resolution:

S. 952 -- Senators Leventis and Land: A CONCURRENT RESOLUTION TO RECOGNIZE LIEUTENANT GENERAL CHARLES A. HORNER, COMMANDER OF THE NINTH AIR FORCE, HEADQUARTERED AT SHAW AIR FORCE BASE, FOR HIS BRAVERY AND SERVICE WITH DISTINCTION IN OPERATION DESERT STORM AND TO INVITE HIM TO ADDRESS A JOINT SESSION OF THE GENERAL ASSEMBLY AT A CONVENIENT TIME AND DATE.

Lieutenant General Charles A. Horner and members of his party were escorted to the rostrum by Senators LEVENTIS, LAND, MULLINAX and WILSON and Reps. McLeod, McElveen, Harrison and Whipper.

The PRESIDENT of the Senate introduced Mr. Hank Martin, composer and singer of "South Carolina On My Mind", who entertained the members by singing "America, the Beautiful".

The PRESIDENT introduced His Excellency, Governor Carroll A. Campbell, Jr. who introduced Lieutenant General Charles A. Horner, Commander of the Ninth Air Force, Shaw Air Force Base.

Lieutenant General Horner addressed the Joint Assembly.

Governor Campbell presented the Order of the Palmetto to Lieutenant General Horner.

The Reading Clerk of the Senate read the Concurrent Resolution:

H. 4008 -- Reps. Stoddard, McAbee, Clyborne and D. Martin: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, MAY 29, 1991, AS THE TIME FOR ELECTING MEMBERS OF THE BOARD OF TRUSTEES OF SOUTH CAROLINA STATE COLLEGE AND WIL LOU GRAY OPPORTUNITY SCHOOL TO SUCCEED THOSE MEMBERS WHOSE TERMS EXPIRE IN 1991, AND TO ELECT A SUCCESSOR TO WILLIAM L. BETHEA, JR., MEMBER OF THE BOARD OF TRUSTEES OF THE UNIVERSITY OF SOUTH CAROLINA, WHOSE TERM EXPIRES IN 1992.

The PRESIDENT announced that nominations were in order to fill a vacancy on the Board of Trustees for the University of South Carolina.

Rep. Stoddard, as Chairman of the Screening Committee, stated that Mrs. Helen C. Harvey and Mr. Charles W. Pigg had been screened and found qualified.

Rep. Stoddard stated that Mr. Charles W. Pigg had withdrawn his name from consideration.

Rep. Keyserling nominated Mrs. Harvey.

Senator NELL W. SMITH, Senator WASHINGTON, on behalf of the Charleston Delegation, Rep. White, on behalf of the Jasper Delegation, Rep. Cork, on behalf of the Beaufort Delegation, Rep. Nielsen, on behalf of the Darlington Delegation, Rep. Jean Harris, on behalf of the Chesterfield Delegation, Rep. Ross, on behalf of the Oconee Delegation, and Rep. Waldrop seconded the nomination of Mrs. Harvey.

On motion of Rep. Felder, nominations were closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable Helen C. Harvey was duly elected to a position on the Board of Trustees for the University of South Carolina for the term prescribed by law.

The PRESIDENT announced that nominations were in order to fill three At-Large Seats on the Board of Trustees for South Carolina State College.

Rep. Stoddard, as Chairman of the Screening Committee, stated that Mr. Nathaniel Abraham, Sr., Mr. George A. Anderson, Mr. James A. Boykin, Mr. Arnold Collins, Mr. Stephon Edwards, Mr. Harold Pierre Gauthier and Mr. Leevy Johnson had been screened and found qualified.

Senator GIESE nominated Mr. Nathaniel Abraham, Sr.

Rep. J. Brown seconded the nomination of Mr. Abraham.

Rep. Inabinett nominated Mr. Arnold Collins.

Senators PASSAILAIGUE, FIELDING and WASHINGTON and Rep. Whipper, on behalf of the Charleston Delegation and Rep. J. Beatty seconded the nomination of Mr. Collins.

Rep. Boan nominated Mr. James A. Boykin.

Senator HINSON on behalf of the Lancaster Delegation and Senator MATTHEWS and Rep. Waldrop seconded the nomination of Mr. Boykin.

Rep. Felder nominated Mr. Stephon Edwards.

Rep. White, on behalf of the Jasper Delegation, Reps. McCain, G. Brown, Corbett, Wright, Haskins, Inabinett, D. Martin, Whipper, Marchbanks, Rama, Rhodes, Keegan, Harvin and Waldrop, and Senators GILBERT, MATTHEWS, WILLIAMS, McGILL and WILSON seconded the nomination of Mr. Edwards.

Rep. Brown nominated Mr. I. S. Leevy Johnson.

Reps. Cromer, Scott, Tucker, White, Snow, D. Williams, Harvin, Ross, Rhoad, Felder, Whipper, D. Martin, Inabinett, Glover, Harwell, Kinon and Waldrop and Senators GILBERT, PATTERSON, J. VERNE SMITH, ROSE, McGILL, MATTHEWS, MITCHELL, WASHINGTON, HELMLY, HAYES, HINSON and SALEEBY seconded the nomination of Mr. Johnson.

Rep. Rudnick nominated Mr. George A. Anderson.

Rep. Smith, on behalf of the Aiken Delegation, seconded the nomination of Mr. Anderson.

Rep. Felder moved that the nominations be closed.

The Reading Clerk of the Senate called the roll of the Senate and the Senators voted viva voce as their names were called.

The following named Senators voted for Mr. Abraham:
Bryan Courson Drummond
Giese Lourie Patterson
Saleeby Shealy Wilson

The following named Senators voted for Mr. Anderson:
Moore Setzler

The following named Senators voted for Mr. Boykin:
Bryan Drummond Fielding
Gilbert Hayes Helmly
Hinds Hinson Holland
Land Leventis Long
Lourie Macaulay Matthews
McConnell McGill Mitchell
Mullinax O'Dell Patterson
Peeler Pope Reese
Rose Russell Saleeby
Setzler Smith, J.V. Smith, N.W.
Stilwell Thomas Waddell
Williams

The following named Senators voted for Mr. Collins:
Fielding Land Leventis
Martschink McConnell Mitchell
Passailaigue Pope Rose
Washington

The following named Senators voted for Mr. Edwards:
Courson Giese Gilbert
Hayes Helmly Hinds
Hinson Holland Long
Macaulay Martschink Matthews
McGill Moore Mullinax
O'Dell Passailaigue Peeler
Reese Russell Shealy
Smith, J.V. Smith, N.W. Stilwell
Thomas Waddell Washington
Williams Wilson

The following named Senators voted for Mr. Gauthier:

The following named Senators voted for Mr. Johnson:
Bryan Courson Drummond
Fielding Giese Gilbert
Hayes Helmly Hinds
Hinson Holland Land
Leventis Long Lourie
Macaulay Martschink Matthews
McConnell McGill Mitchell
Moore Mullinax O'Dell
Passailaigue Patterson Peeler
Pope Reese Rose
Russell Saleeby Setzler
Shealy Smith, J.V. Smith, N.W.
Stilwell Thomas Waddell
Washington Williams Wilson

On motion of Rep. Stoddard, with unanimous consent, the members of the House voted by electric roll call.

The following named Representatives voted for Mr. Abraham:
Brown, J. Burriss Cooper
Corning Cromer Johnson, J.C.
Kirsh Klapman Quinn
Rogers Scott Sharpe
Shirley Snow Waites
Wright

The following named Representatives voted for Mr. Anderson:
Huff Keesley Rudnick
Sharpe Smith

The following named Representatives voted for Mr. Boykin:
Alexander, M.O. Alexander, T.C. Altman
Bailey, G. Bailey, J. Baker
Baxley Beasley Boan
Brown, G. Brown, H. Bruce
Carnell Cato Chamblee
Clyborne Cole Cooper
Corbett Cork Elliott, D.
Elliott, L. Fair Farr
Felder Foster Fulmer
Gentry Gonzales Gregory
Hallman Harris, J. Harris, P.
Harvin Hayes Hodges
Holt Houck Jaskwhich
Jennings Johnson, J.W. Keegan
Keesley Keyserling Kinon
Koon Littlejohn Marchbanks
Martin, L. Martin, M. Mattos
McAbee McCain McCraw
McElveen McKay McLeod
McTeer Meacham Nettles
Phillips Rama Rhoad
Sheheen Short Stoddard
Sturkie Tucker Vaughn
Waites Waldrop Wilder
Wilkins Williams, J. Wofford
Young, A.

The following named Representatives voted for Mr. Collins:
Alexander, M.O. Alexander, T.C. Altman
Bailey, J. Barber Beatty
Bennett Bruce Chamblee
Cork Fair Fulmer
Gentry Glover Gonzales
Hallman Harrison Harwell
Haskins Holt Inabinett
Keegan Kempe Kirsh
Littlejohn Martin, D. Mattos
McElveen McGinnis McLeod
Neilson Rama Rogers
Ross Rudnick Townsend
Tucker Wells Whipper
White Williams, D. Young, A.
Young, R.

The following named Representatives voted for Mr. Edwards:
Bailey, G. Baker Barber
Baxley Beasley Beatty
Bennett Boan Brown, G.
Brown, H. Brown, J. Bruce
Burriss Carnell Cato
Clyborne Cole Cooper
Corbett Cork Corning
Cromer Elliott, D. Elliott, L.
Fair Farr Felder
Foster Fulmer Glover
Gonzales Gregory Hallman
Harris, J. Harris, P. Harrison
Harvin Harwell Haskins
Hayes Hodges Houck
Huff Inabinett Jaskwhich
Jennings Johnson, J.C. Johnson, J.W.
Keegan Kempe Keyserling
Kinon Kirsh Klapman
Koon Littlejohn Marchbanks
Martin, D. Martin, L. Martin, M.
McAbee McCain McCraw
McGinnis McKay McTeer
Meacham Neilson Nettles
Phillips Quinn Rama
Rhoad Ross Scott
Sharpe Sheheen Shirley
Short Smith Snow
Stoddard Sturkie Townsend
Vaughn Waldrop Wells
Whipper White Wilder
Wilkins Williams, D. Williams, J.
Wofford Wright Young, A.
Young, R.

The following named Representatives voted for Mr. Gauthier:

The following named Representatives voted for Mr. Johnson:
Alexander, M.O. Alexander, T.C. Altman
Bailey, G. Bailey, J. Baker
Barber Baxley Beasley
Beatty Bennett Boan
Brown, G. Brown, H. Brown, J.
Burriss Carnell Cato
Chamblee Clyborne Cole
Corbett Corning Cromer
Elliott, D. Elliott, L. Farr
Felder Foster Gentry
Glover Gregory Harris, J.
Harris, P. Harrison Harvin
Harwell Haskins Hayes
Hodges Holt Houck
Huff Inabinett Jaskwhich
Jennings Johnson, J.C. Johnson, J.W.
Keesley Kempe Keyserling
Kinon Klapman Koon
Marchbanks Martin, D. Martin, L.
Martin, M. Mattos McAbee
McCain McCraw McElveen
McGinnis McKay McLeod
McTeer Meacham Neilson
Nettles Phillips Quinn
Rhoad Rogers Ross
Rudnick Scott Sheheen
Shirley Smith Snow
Stoddard Sturkie Townsend
Tucker Vaughn Waites
Waldrop Wells Whipper
White Wilder Wilkins
Williams, D. Williams, J. Wofford
Wright Young, R.

Total Number of Senators voting 42
Total Number of Representatives voting 112
Grand Total 154
Necessary to a choice 78
Of which Mr. Abraham received 25
Of which Mr. Anderson received 7
Of which Mr. Boykin received 110
Of which Mr. Collins received 53
Of which Mr. Edwards received 126
Of which Mr. Gauthier received 0
Of which Mr. Johnson received 140

Whereupon, the PRESIDENT announced that the Honorable James A. Boykin, the Honorable Stephon Edwards, and the Honorable I. S. Leevy Johnson were duly elected to fill the three At-Large Seats on the Board of Trustees for South Carolina State College for the term prescribed by law.

The PRESIDENT announced that nominations were in order to fill the three vacancies on the Board of Trustees for the Wil Lou Gray Opportunity School.

Rep. Beasley moved that there be no nominating speeches and that only a list of the candidates be published.

The motion was adopted.

Rep. Stoddard, as Chairman of the Screening Committee, stated that Mr. Floyd Breeland, Mr. Earl Mitchell, Mr. Vince Rhodes, Ms. Louise T. Scott and Ms. Betty W. Henderson had been screened and qualified.

Senator FIELDING seconded the nomination of Mr. Breeland.

Senator SETZLER, on behalf of the Lexington Delegation, and Rep. Waldrop seconded the nomination of Mr. Rhodes.

Senator DRUMMOND, on behalf of the Greenwood Delegation, and Rep. Waldrop seconded the nomination of Ms. Henderson.

Rep. Harwell, on behalf of the Marion, Dillon, and Florence Delegations, Senator McGILL, on behalf of the Williamsburg Delegation, Senators J. VERNE SMITH and NELL W. SMITH and Reps. Nielsen, Scott, Glover, Nettles, McKay, Waldrop, L. Elliott and D. Elliott, on behalf of the Horry Delegation, and Senator GIESE seconded the nomination of Ms. Scott.

Rep. Stoddard moved that the nominations be closed.

The Reading Clerk of the Senate called the roll of the Senate and the Senators voted viva voce as their names were called.

The following named Senators voted for Mr. Breeland:
Courson Fielding Giese
Gilbert Hayes Helmly
Land Lourie Martschink
Matthews McConnell McGill
Mitchell Passailaigue Patterson
Pope Rose Russell
Washington

The following named Senators voted for Mr. Mitchell:
Martschink McConnell Rose
Saleeby

The following named Senators voted for Mr. Rhodes:
Bryan Carmichael Drummond
Fielding Gilbert Hayes
Helmly Hinds Hinson
Holland Land Leventis
Long Lourie Macaulay
Matthews McGill Mitchell
Moore Mullinax O'Dell
Passailaigue Patterson Peeler
Pope Reese Russell
Saleeby Setzler Shealy
Smith, J.V. Smith, N.W. Stilwell
Waddell Williams Wilson

The following named Senators voted for Ms. Scott:
Bryan Carmichael Courson
Drummond Fielding Giese
Gilbert Hayes Helmly
Hinds Hinson Holland
Land Leventis Long
Lourie Macaulay Martschink
Matthews McConnell McGill
Mitchell Moore Mullinax
O'Dell Passailaigue Patterson
Peeler Pope Reese
Rose Russell Saleeby
Setzler Shealy Smith, J.V.
Smith, N.W. Stilwell Waddell
Washington Williams Wilson

The following named Senators voted for Ms. Henderson:
Bryan Carmichael Courson
Drummond Giese Hinds
Hinson Holland Leventis
Long Macaulay Moore
Mullinax O'Dell Peeler
Reese Setzler Shealy
Smith, J.V. Smith, N.W. Stilwell
Waddell Washington Williams
Wilson

On motion of Rep. Stoddard, with unanimous consent, the members of the House voted by electric roll call.

The following named Representatives voted for Mr. Breeland:
Bailey, J. Barber Beatty
Brown, J. Foster Fulmer
Glover Gonzales Hallman
Harvin Holt Houck
Inabinett Keegan Keesley
Kempe Kirsh Marchbanks
Martin, D. Rama Rogers
Scott Shirley Whipper
White Young, R.

The following named Representatives voted for Mr. Mitchell:
Brown, H. Haskins Wofford
Young, A.

The following named Representatives voted for Mr. Rhodes:
Alexander, M.O. Alexander, T.C. Altman
Bailey, G. Bailey, J. Barber
Baxley Beasley Beatty
Brown, G. Brown, H. Brown, J.
Bruce Burch Burriss
Carnell Cato Chamblee
Clyborne Cole Cooper
Corbett Cork Elliott, D.
Elliott, L. Fair Farr
Felder Foster Fulmer
Gentry Glover Gonzales
Gregory Hallman Harris, J.
Harris, P. Harrison Harvin
Harwell Haskins Hayes
Hodges Houck Huff
Inabinett Jennings Johnson, J.C.
Johnson, J.W. Keegan Kempe
Keyserling Kinon Kirsh
Klapman Littlejohn Marchbanks
Martin, D. Martin, L. Martin, M.
Mattos McAbee McCain
McCraw McElveen McGinnis
McKay McLeod McTeer
Meacham Neilson Nettles
Phillips Quinn Rama
Rhoad Rogers Ross
Rudnick Sharpe Sheheen
Short Smith Snow
Stoddard Sturkie Townsend
Tucker Vaughn Waites
Waldrop Wells Whipper
Wilder Wilkins Williams, D.
Wofford Wright Young, A.
Young, R.

The following named Representatives voted for Ms. Scott:
Alexander, M.O. Alexander, T.C. Altman
Bailey, G. Bailey, J. Baker
Barber Baxley Beasley
Beatty Boan Brown, G.
Brown, H. Brown, J. Bruce
Burch Burriss Carnell
Cato Chamblee Clyborne
Cole Cooper Corbett
Cork Elliott, D. Elliott, L.
Fair Farr Felder
Foster Fulmer Gentry
Glover Gonzales Gregory
Hallman Harris, J. Harris, P.
Harrison Harvin Harwell
Haskins Hayes Hodges
Holt Houck Huff
Inabinett Jaskwhich Jennings
Johnson, J.C. Johnson, J.W. Keegan
Keesley Kempe Keyserling
Kinon Kirsh Klapman
Koon Littlejohn Marchbanks
Martin, D. Martin, L. Martin, M.
Mattos McAbee McCraw
McElveen McGinnis McKay
McLeod McTeer Meacham
Neilson Nettles Phillips
Quinn Rama Rhoad
Rogers Ross Rudnick
Scott Sharpe Sheheen
Shirley Short Smith
Snow Stoddard Sturkie
Townsend Tucker Vaughn
Waites Waldrop Wells
Whipper White Wilder
Wilkins Williams, D. Wofford
Wright Young, A. Young, R.

The following named Representatives voted for Ms. Henderson:
Alexander, M.O. Alexander, T.C. Altman
Bailey, G. Baker Baxley
Beasley Boan Brown, G.
Bruce Burch Carnell
Cato Chamblee Clyborne
Cole Cooper Corbett
Cork Elliott, D. Elliott, L.
Fair Farr Felder
Gentry Gregory Harris, J.
Harris, P. Harrison Harwell
Hayes Hodges Holt
Huff Jaskwhich Jennings
Johnson, J.C. Johnson, J.W. Keesley
Keyserling Kinon Klapman
Koon Littlejohn Martin, L.
Martin, M. Mattos McAbee
McCain McCraw McElveen
McGinnis McKay McLeod
McTeer Meacham Neilson
Nettles Phillips Quinn
Rhoad Ross Rudnick
Scott Sharpe Shirley
Short Smith Snow
Stoddard Sturkie Townsend
Tucker Vaughn Waites
Waldrop Wells Wilder
Wilkins Wright

Total Number of Senators voting 42
Total Number of Representatives voting 109
Grand Total 151
Necessary to a choice 76
Of which Mr. Breeland received 45
Of which Mr. Mitchell received 8
Of which Mr. Rhodes received 136
Of which Ms. Scott received 150
Of which Ms. Henderson received 105

Whereupon, the PRESIDENT announced that the Honorable Vince Rhodes, Ms. Louise T. Scott and Ms. Betty W. Henderson were duly elected to positions on the Board of Trustees for the Wil Lou Gray Opportunity School for the term prescribed by law.

The Reading Clerk of the Senate read the Concurrent Resolution:

S. 993 -- Senators Pope, Martin, Lourie and McConnell: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, MAY 29, 1991, AS THE TIME FOR ELECTING A SUCCESSOR FOR AN ASSOCIATE JUSTICE OF THE SUPREME COURT WHOSE TERM EXPIRES JULY 31, 1998; AND TO ELECT SUCCESSORS FOR CERTAIN JUDGES OF THE CIRCUIT COURT WHOSE TERMS EXPIRE JUNE 30, 1992.

The PRESIDENT announced that nominations were in order for the position of Associate Justice of the South Carolina Supreme Court.

Senator POPE, Chairman of the Judicial Screening Committee, indicated that the Honorable Curtis G. Shaw, the Honorable John H. Waller and the Honorable James E. Moore had been screened and found qualified.

Senator POPE stated that Judge Curtis G. Shaw and Judge John H. Waller had withdrawn their names from consideration.

Rep. Carnell nominated the Honorable James E. Moore.

Reps. M. Martin, D. Elliott, Hallman, Harwell, Kinon, Ross, J. Brown, Scott, Tucker, Shirley, Meacham, Felder, and Waldrop, and Rep. Stoddard, on behalf of the Laurens Delegation, Rep. Klapman, on behalf of the Lexington Delegation, Rep. J. C. Johnson, on behalf of the Greenwood Delegation, Rep. Wofford, on behalf of the Berkeley Delegation, and Senators SETZLER, MITCHELL, GIESE, HINSON and PATTERSON seconded the nomination of Judge Moore.

Rep. Shirley moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable James E. Moore was duly elected Associate Justice, South Carolina Supreme Court, for the term prescribed by law.

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

Senator POPE, Chairman of the Judicial Screening Committee, indicated that the Honorable Jamie F. Lee and the Honorable Paul Michael Burch had been screened and found qualified.

Rep. Jennings stated that Judge Jamie F. Lee had withdrawn his name from consideration.

Senator HOLLAND nominated the Honorable Paul Michael Burch.

Reps. J. Harris, Snow, M. Martin, D. Elliott, Harwell, Kinon, Baxley, Tucker, J. Brown, Scott, L. Elliott, Harvin, Meacham, Felder and Waldrop and Senators PATTERSON and HINSON seconded the nomination of Representative Burch.

Rep. Jennings moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable Paul M. Burch was duly elected Judge, Fourth Judicial Circuit, for the term prescribed by law.

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

Senator Pope, Chairman of the Judicial Screening Committee, indicated that the Honorable John Calvin Hayes, III had been screened and found qualified.

Rep. S. Foster nominated the Honorable John C. Hayes, III.

Rep. Farr, on behalf of the Union Delegation, Rep. A. Young, on behalf of the York Delegation, and Reps. Gentry, Snow, Kinon, Harwell, L. Elliott, M. Martin, D. Elliott, Harvin, Meacham, Felder, and Waldrop and Senators NELL W. SMITH, HINSON and HELMLY, on behalf of the Berkeley Delegation seconded the nomination of Mr. John C. Hayes, III.

Rep. Gentry moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable John Calvin Hayes, III was duly elected Judge, Sixteenth Judicial Circuit, for the term prescribed by law.

The Reading Clerk of the Senate read the Concurrent Resolution:

S. 968 -- Senators Lourie and Passailaigue: A CONCURRENT RESOLUTION TO SET WEDNESDAY, MAY 29, 1991, AT 12:00 NOON AS THE TIME FOR THE GENERAL ASSEMBLY TO ELECT SUCCESSORS TO MEMBERS OF THE LEGISLATIVE AUDIT COUNCIL.

The PRESIDENT announced that nominations were in order to fill two positions on the Legislative Audit Council.

Senator LOURIE, Chairman of the Legislative Audit Council Nominating Committee, nominated Mr. Robert S. McCoy, Jr., Mr. Marchant M. Harman, Jr. and Mr. Robert L. Thompson, Jr.

Senator LOURIE stated that Mr. Marchant M. Harman, Jr. had withdrawn his name from consideration.

Rep. Sharpe moved that the nominations be closed.

On motion of Rep. Sharpe, the nominations were closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominees.

Whereupon, the PRESIDENT announced that the Honorable Robert S. McCoy, Jr. and the Honorable Robert L. Thompson, Jr. were duly elected to two positions on the Legislative Audit Council for the terms prescribed by law.

The Reading Clerk of the Senate read the Concurrent Resolution:

S. 982 -- Senators Holland, Thomas, Hinds and Washington: A CONCURRENT RESOLUTION TO SET WEDNESDAY, MAY 29, 1991, AT 12:00 NOON AS THE TIME FOR THE GENERAL ASSEMBLY TO ELECT SUCCESSORS TO MEMBERS OF THE SOUTH CAROLINA STATE BOARD OF SOCIAL SERVICES.

The PRESIDENT announced that nominations were in order to fill a vacancy on the State Board of Social Services from the First Congressional District.

Senator HOLLAND, Chairman of the Screening Committee, nominated Dolores Green and Junior Ponds.

Senator HOLLAND moved that the nominations be closed.

The Reading Clerk of the Senate called the roll of the Senate and the Senators voted viva voce as their names were called.

The following named Senators voted for Ms. Green:
Bryan Courson Fielding
Giese Gilbert Hayes
Hinds Hinson Holland
Land Long Lourie
Macaulay Martschink Matthews
McGill Mitchell Moore
Mullinax Passailaigue Patterson
Pope Reese Russell
Saleeby Setzler Smith, J.V.
Smith, N.W. Waddell Washington
Wilson

The following named Senators voted for Mr. Ponds:
Carmichael Leventis McConnell
O'Dell Peeler Rose
Shealy Williams

On motion of Rep. Stoddard, with unanimous consent, the members of the House voted by electric roll call.

The following named Representatives voted for Ms. Green:
Alexander, M.O. Alexander, T.C. Bailey, G.
Bailey, J. Barber Beasley
Beatty Boan Brown, J.
Chamblee Cork Farr
Felder Foster Fulmer
Gentry Glover Hallman
Harris, P. Harvin Harwell
Haskins Hodges Holt
Houck Huff Inabinett
Jaskwhich Jennings Johnson, J.C.
Johnson, J.W. Keesley Kempe
Kirsh Martin, D. Mattos
McElveen McGinnis McKay
Neilson Nettles Phillips
Rama Rogers Ross
Rudnick Scott Sheheen
Shirley Smith Snow
Stoddard Tucker Vaughn
Waldrop Whipper White
Williams, D. Wofford Young, R.

The following named Representatives voted for Mr. Ponds:
Baker Baxley Brown, H.
Bruce Burch Burriss
Cato Clyborne Cole
Cooper Corbett Elliott, L.
Fair Gonzales Gregory
Harris, J. Harrison Hayes
Keegan Kinon Klapman
Koon Littlejohn Marchbanks
Martin, L. Martin, M. McAbee
McCain McCraw McLeod
McTeer Meacham Quinn
Rhoad Sharpe Short
Sturkie Waites Wells
Wright Young, A.

Total Number of Senators voting 39
Total Number of Representatives voting 101
Grand Total 140
Necessary to a choice 71
Of which Ms. Green received 91
Of which Mr. Ponds received 49

Whereupon, the PRESIDENT announced that the Honorable Dolores Green was duly elected to serve on the South Carolina State Board of Social Services from the First Congressional District for the term prescribed by law.

The PRESIDENT announced that nominations were in order to fill a vacancy on the State Board of Social Services for the Third Congressional District.

Senator HOLLAND, Chairman of the Screening Committee, nominated Mr. William Otis Doolittle.

Senator HOLLAND moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable William Otis Doolittle was duly elected to serve on the South Carolina State Board of Social Services from the Third Congressional District for the term prescribed by law.

The PRESIDENT announced that nominations were in order to fill a vacancy on the State Board of Social Services for the Fifth Congressional District.

Senator HOLLAND, Chairman of the Screening Committee, nominated Dr. Agnes H. Wilson-Burgess, Mr. Baron H. Windham, Jr. and Ms. Charldeen Bozanek.

Senator HOLLAND moved that the nominations be closed.

The Reading Clerk of the Senate called the roll of the Senate and the Senators voted viva voce as their names were called.

The following named Senators voted for Ms. Bozanek:

The following named Senators voted for Dr. Wilson-Burgess:
Bryan Fielding Gilbert
Hayes Hinds Land
Leventis Lourie Matthews
McGill Mitchell Moore
Passailaigue Patterson Reese
Washington

The following named Senators voted for Mr. Windham:
Carmichael Courson Giese
Hinson Holland Long
Macaulay Martschink McConnell
Mullinax O'Dell Peeler
Pope Rose Russell
Saleeby Setzler Shealy
Smith, J.V. Smith, N.W. Stilwell
Waddell Williams Wilson

On motion of Rep. Stoddard, with unanimous consent, the members of the House voted by electric roll call.

The following named Representatives voted for Ms. Bozanek:

The following named Representatives voted for Dr. Wilson-Burgess:
Alexander, T.C. Bailey, J. Barber
Beatty Brown, J. Carnell
Cole Farr Felder
Foster Gentry Glover
Harris, P. Harvin Inabinett
Johnson, J.W. Keesley Kempe
Martin, D. Mattos McElveen
McLeod McTeer Phillips
Rhoad Rogers Rudnick
Scott Sheheen Smith
Townsend Tucker Waldrop
Whipper White Wilder
Williams, D.

The following named Representatives voted for Mr. Windham:
Altman Bailey, G. Baker
Baxley Beasley Boan
Brown, H. Bruce Burch
Burriss Cato Chamblee
Clyborne Cooper Corbett
Cork Cromer Elliott, D.
Elliott, L. Fair Fulmer
Gonzales Hallman Harris, J.
Harrison Harwell Haskins
Hayes Hodges Holt
Houck Huff Jaskwhich
Jennings Keegan Kinon
Kirsh Klapman Koon
Littlejohn Marchbanks Martin, L.
Martin, M. McAbee McCain
McGinnis McKay Meacham
Neilson Nettles Quinn
Rama Sharpe Shirley
Short Snow Stoddard
Sturkie Vaughn Waites
Wells Wilkins Wright
Young, A. Young, R.

Total Number of Senators voting 40
Total Number of Representatives voting 102
Grand Total 142
Necessary to a choice 72
Of which Ms. Bozanek received 0
Of which Dr. Wilson-Burgess received 53
Of which Mr. Windham received 89

Whereupon, the PRESIDENT announced that the Honorable Baron H. Windham, Jr. was duly elected to serve on the South Carolina State Board of Social Services from the Fifth Congressional District for the term prescribed by law.

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

At 1:42 P.M., the Senate resumed.

Columbia, S.C., May 27, 1991

Mr. President and Senators:

The House respectfully informs your Honorable Body that it insists upon the amendments proposed by the House to:
S. 72 -- Senator Rose: A BILL TO AMEND SECTION 44-7-315, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DISCLOSURE OF CERTAIN INFORMATION PERTAINING TO A COMMUNITY RESIDENTIAL CARE FACILITY OR AN INTERMEDIATE CARE FACILITY FOR THE MENTALLY RETARDED OR A GROUP HOME OPERATED BY A COUNTY MENTAL RETARDATION BOARD OR THE STATE MENTAL RETARDATION DEPARTMENT SO AS TO PROVIDE THAT THE DEPARTMENT MAY DISCLOSE CERTAIN INFORMATION RELATING TO A NURSING CARE FACILITY AND TO PROVIDE THAT THE IDENTITY OF A COMPLAINANT NOT BE DISCLOSED EXCEPT UNDER CERTAIN CONDITIONS.
asks for a Committee of Conference, and has appointed Reps. Waldrop, A. Young and Vaughn of the committee on the part of the House.

Very respectfully,
Speaker of the House

Whereupon, the PRESIDENT appointed Senators J. VERNE SMITH, LEATHERMAN and ROSE of the Committee of Conference on the part of the Senate, and a message was sent to the House accordingly.

Columbia, S.C., May 29, 1991

Mr. President and Senators:

The House respectfully informs your Honorable Body that it refuses to concur in the amendments proposed by the Senate to:
S. 999 -- Senators Williams, Waddell, Martin and Drummond: A CONCURRENT RESOLUTION TO PROVIDE THAT WHEN THE RESPECTIVE HOUSES OF THE GENERAL ASSEMBLY ADJOURN ON THURSDAY, JUNE 6, 1991, THEY SHALL STAND ADJOURNED TO MEET ON THEIR OWN MOTION IN REGULAR STATEWIDE SESSION, AND TO PROVIDE FOR THOSE ITEMS OF LEGISLATIVE BUSINESS WHICH MAY BE CONSIDERED DURING SUCH STATEWIDE SESSION AFTER JUNE 6, 1991.
Very respectfully,
Speaker of the House

On motion of Senator WILLIAMS, the Senate insisted upon its amendments to the Concurrent Resolution and asked for a Committee of Conference.

Whereupon, the PRESIDENT appointed Senators McCONNELL, MULLINAX and PASSAILAIGUE of the Committee of Conference on the part of the Senate, and a message was sent to the House accordingly.

Columbia, S.C., May 27, 1991

Mr. President and Senators:

The House respectfully informs your Honorable Body that it insists upon the amendments proposed by the House to:
S. 237 -- Senator Martschink: A BILL TO AMEND SECTION 5-7-150, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRIMINAL JURISDICTION OF COASTAL MUNICIPALITIES OVER PIERS AND OTHER STRUCTURES AND WATERS OF THE OCEAN WITHIN ONE MILE OF THE STRAND WITHIN THE CORPORATE LIMITS, SO AS TO PROVIDE THAT A COASTAL MUNICIPALITY HAS CRIMINAL JURISDICTION OVER THE WATERS OF THE OCEAN AND INLETS.
asks for a Committee of Conference, and has appointed Reps. Holt, Keegan and Wofford of the committee on the part of the House.

Very respectfully,
Speaker of the House

Whereupon, the PRESIDENT appointed Senators MARTSCHINK, PASSAILAIGUE and HINDS of the Committee of Conference on the part of the Senate, and a message was sent to the House accordingly.

Columbia, S.C., May 1, 1991

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has rejected:
S. 710 -- Senator Lourie: A CONCURRENT RESOLUTION TO EXTEND THE TIME FOR THE JOINT LEGISLATIVE COMMITTEE STUDYING AND REVIEWING THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO MAKE ITS FINAL REPORT TO THE GENERAL ASSEMBLY.
Very respectfully,
Speaker of the House

Received as information.

The following were introduced:

S. 1018 -- Senator Drummond: A CONCURRENT RESOLUTION CONGRATULATING THE BOYS' TRACK AND FIELD TEAM OF NINETY SIX HIGH SCHOOL, GREENWOOD COUNTY, ON WINNING THE 1991 CLASS AA STATE CHAMPIONSHIP IN TRACK AND FIELD.

On immediate consideration, the Concurrent Resolution was adopted, ordered sent to the House.

S. 1019 -- Senator Drummond: A CONCURRENT RESOLUTION CONGRATULATING THE MEN'S TENNIS TEAM OF LANDER COLLEGE ON WINNING THE 1991 NAIA MEN'S TENNIS CHAMPIONSHIP AT KANSAS CITY, MISSOURI.

On immediate consideration, the Concurrent Resolution was adopted, ordered sent to the House.

Senator SETZLER, from the Committee on Education, submitted a favorable report on:

Appointment, Member, State Commission on Higher Education, At-Large, with term to expire on July 26, 1994:

Mr. Henry D. McMaster, Post Office Box 7337, Columbia, South Carolina 29202 VICE Roger Henderson

Senator WADDELL, from the Committee on Finance, submitted a favorable report on:

Appointment, Member, Jobs Economic Development Authority, with term to expire on July 27, 1994:

Ms. Sandra R. Corbitt, 4131 Chesterfield Drive, Columbia, South Carolina 29203 VICE R. Phil Roof

Senator HOLLAND, from the Committee on Corrections and Penology, submitted a favorable report on:

Reappointment, Member, State Board of Corrections, with term to expire on June 30, 1997:

2nd Congressional District:

Mr. Norman Kirkland, P.O. Box 544, Bamberg, South Carolina 29003

Senator LOURIE, from the Committee on Transportation, submitted a favorable report on:

Reappointment, Member, South Carolina Aeronautics Commission, with term to expire on October 27, 1995:

1st Congressional District:

Mr. Edwin S. Pearlstine, Post Office Box 10247, Charleston, South Carolina 29411

Senator WILLIAMS, from the Committee on Judiciary, submitted a favorable report on:

Reappointment, Member, State Human Affairs Commission, with term to commence on July 1, 1991, and to expire on June 30, 1994:

5th Congressional District:

Mrs. Susie M. Spradley, 2517 1/2 Thomas Street, Camden, South Carolina 29020

Senator MARTIN, from the Committee on Banking and Insurance, submitted a favorable report on:

Appointment, Member, Board of Financial Institutions, with term to expire on June 30, 1994:

S.C. Bankers Association:

Mr. R. Thornwell Dunlap, Jr., The County Bank, Post Office Box 3129, Greenwood, South Carolina 29648 VICE Raymond S. Caughman

Senator WILLIAMS, from the Committee on Judiciary, submitted a favorable report on:

Reappointment, Member, South Carolina Alcoholic Beverage Control Commission, At-Large, with term to expire on June 30, 1997:

Mr. Curtis Wilbur Hodge, 603 North Almond Drive, Simpsonville, South Carolina 29681

Senator WILLIAMS, from the Committee on Judiciary, submitted a favorable report on:

Reappointment, Member, State Human Affairs Commission, with term to expire on June 30, 1994:

3rd Congressional District:

Mr. Wilman W. McClellan, Sr., Post Office Box 272, Liberty, South Carolina 29657

Senator HOLLAND, from the General Committee, submitted a favorable report on:

Appointment, Member, South Carolina Commission on Archives and History, At-Large, with term to expire coterminously with the Governor:

Mrs. Nancy D. Hawk, 1 Meeting Street, Charleston, South Carolina 29401 VICE David B. McCormack

Senator HOLLAND, from the General Committee, submitted a favorable report on:

Reappointment, Member, State Board of Barber Examiners, At-Large, with term to expire on June 30, 1995:

Mr. Edwin C. Barnes, 391 Park Road, Lexington, South Carolina 29072

Senator J. VERNE SMITH, from the Committee on Labor, Commerce and Industry, submitted a favorable report on:

Appointment, Member, South Carolina State Fire Commission, for the remainder of a term expiring January 15, 1991, and a full term to expire on January 15, 1995:

2nd Congressional District - Volunteer:

Mr. Walter Lee Safley, 125 Seven Drive, Chapin, South Carolina 29036 VICE Steven G. Newsome (Resigned)

Senator J. VERNE SMITH, from the Committee on Labor, Commerce and Industry, submitted a favorable report on:

Appointment, Member, State Development Board, with term to expire on May 21, 1996:

14th Judicial Circuit:

Mr. James R. Rhodes, Jr., Post Office Box 880, Ridgeland, South Carolina 29936 VICE Harry Hill

Senator WILLIAMS, from the Committee on Judiciary, submitted a favorable report on:

Reappointment, Member, State Human Affairs Commission, with term to commence on July 1, 1991, and to expire on June 30, 1994:

4th Congressional District:

Mr. Anthony D. Bell, 121 Mabry Drive, Spartanburg, South Carolina 29302

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

S. 1014 -- Senators Passailaigue, Fielding, McConnell, Washington and Martschink: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-21-135 SO AS TO ESTABLISH A NO WAKE ZONE ON THE ASHLEY RIVER WITHIN ONE HUNDRED YARDS OF THE DOLPHIN COVE MARINA IN CHARLESTON COUNTY.

(By prior motion of Senator PASSAILAIGUE, with unanimous consent)

H. 3071 -- Reps. Whipper, Waites, Corning and Manly: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-615 SO AS TO INCLUDE WITHIN THE DEFINITION OF SEXUAL BATTERY THE OFFENSE OF SPOUSAL SEXUAL BATTERY AND TO PROVIDE A PENALTY FOR VIOLATION, TO PROVIDE THAT THE OFFENDING SPOUSE'S CONDUCT MUST BE REPORTED TO THE APPROPRIATE LAW ENFORCEMENT AUTHORITIES WITHIN THIRTY DAYS AND A CHARGE MADE IN ORDER FOR THAT SPOUSE TO BE PROSECUTED FOR THIS OFFENSE, AND TO PROVIDE FOR THE ADMISSIBILITY OF MATTERS OF CONTROVERSY BETWEEN THE SPOUSES UNDER THE PROVISIONS OF SECTION 16-3-659.1; AND TO AMEND SECTION 16-3-658, RELATING TO CRIMINAL SEXUAL CONDUCT WHEN THE VICTIM IS A LEGAL SPOUSE, SO AS TO PROVIDE THAT A PERSON CANNOT BE GUILTY OF CRIMINAL SEXUAL CONDUCT IF THE VICTIM IS HIS LEGAL SPOUSE UNLESS THE COUPLE IS LIVING APART RATHER THAN LIVING APART BY REASON OF A COURT ORDER AND PROVIDE THAT THE ACTOR'S CONDUCT MUST BE REPORTED TO THE APPROPRIATE LAW ENFORCEMENT AUTHORITIES WITHIN THIRTY DAYS IN ORDER FOR A PERSON TO BE PROSECUTED.

Senator LONG asked unanimous consent to take the Bill up for immediate consideration.

The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Judiciary.

The amendment proposed by the Committee on Judiciary (JUD3071.2), was adopted as follows:

Amend the title, as and if amended, page 1, by striking it in its entirety and inserting therein:

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-615 SO AS TO INCLUDE WITHIN THE DEFINITION OF SEXUAL BATTERY THE OFFENSE OF SPOUSAL SEXUAL BATTERY AND TO PROVIDE A PENALTY FOR VIOLATION, TO PROVIDE THAT THE OFFENDING SPOUSE'S CONDUCT MUST BE REPORTED TO THE APPROPRIATE LAW ENFORCEMENT AUTHORITIES WITHIN THIRTY DAYS AND A CHARGE MADE IN ORDER FOR THAT SPOUSE TO BE PROSECUTED FOR THIS OFFENSE, AND TO PROVIDE FOR THE ADMISSIBILITY OF MATTERS OF CONTROVERSY BETWEEN THE SPOUSES UNDER THE PROVISIONS OF SECTION 16-3-659.1; AND TO AMEND SECTION 16-3-658, RELATING TO CRIMINAL SEXUAL CONDUCT WHEN THE VICTIM IS A LEGAL SPOUSE, SO AS TO PROVIDE THAT A PERSON CANNOT BE GUILTY OF CRIMINAL SEXUAL CONDUCT IF THE VICTIM IS HIS LEGAL SPOUSE UNLESS THE COUPLE IS LIVING APART RATHER THAN LIVING APART BY REASON OF A COURT ORDER AND PROVIDE THAT THE ACTOR'S CONDUCT MUST BE REPORTED TO THE APPROPRIATE LAW ENFORCEMENT AUTHORITIES WITHIN THIRTY DAYS IN ORDER FOR A PERSON TO BE PROSECUTED./

Amend the bill, as and if amended, page 2, line 10, in Section 16-3-615(B), as contained in SECTION 1, by striking /fifteen/ and inserting /thirty/ .

Amend the bill further, as and if amended, page 2, line 21, in Section 16-3-658, as contained in SECTION 2, by striking /are/ and inserting /are is/ .

Amend the bill further, as and if amended, page 2, line 28, in Section 16-3-658, as contained in SECTION 2, by striking /fifteen/ and inserting /thirty/ .

Amend title to conform.

Senator LONG proposed the following amendment (DKA\3440.AL), which was adopted:

Amend the bill, as and if amended, Section 16-3-615(A), SECTION 1, page 2, by striking beginning on line 2 /or the use of or threatened use of a deadly weapon to overcome the victim/.

Amend title to conform.

There being no further amendments, the Bill was read the second time, passed and ordered to a third reading with notice of general amendments.

The following Bill having been read the second time was passed and ordered to a third reading:

S. 1013 -- Senator Russell: A BILL TO AMEND ACT 36 OF 1967, AS AMENDED, RELATING TO THE SPARTANBURG COMMISSION ON HIGHER EDUCATION, SO AS TO INCREASE THE MEMBERSHIP FROM NINE TO FIFTEEN MEMBERS AND TO INCREASE THE AUTHORIZED MEMBERSHIP OF THE EDUCATIONAL ADVISORY COMMITTEE FROM FIFTEEN TO TWENTY-FIVE.

On motion of Senator RUSSELL, S. 1013 was ordered to receive a third reading on Thursday, May 30, 1991.

On motion of Senator J. VERNE SMITH, with unanimous consent, the Senate agreed to go into Executive Session prior to adjournment.

Senator WILLIAMS asked unanimous consent to make a motion that the Senate dispense with the regular order of business and proceed directly to the Interrupted Debate.

There was no objection.

THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.

S. 607 -- Senators Setzler, Martin, Saleeby, Fielding, O'Dell, Matthews, Mitchell, Hinds, Giese, Holland, Land, Waddell, Courson and Hayes: A BILL TO AMEND SECTION 37-1-301, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GENERAL DEFINITIONS IN REGARD TO THE CONSUMER PROTECTION CODE, SO AS TO REVISE CERTAIN DEFINITIONS; TO AMEND SECTION 37-2-202, AS AMENDED, RELATING TO ADDITIONAL CREDITOR CHARGES, SO AS TO REVISE THESE CHARGES; TO AMEND SECTION 37-2-203, RELATING TO DELINQUENCY CHARGES ON CONSUMER CREDIT SALES, SO AS TO REVISE THESE CHARGES; TO AMEND SECTION 37-2-303, RELATING TO NOTICES TO CO-SIGNERS AND SIMILAR PARTIES ON CONSUMER CREDIT SALES, SO AS TO PROVIDE FOR AN ADDITIONAL NOTICE TO CO-SIGNERS; TO AMEND SECTION 37-2-305, RELATING TO FILING AND POSTING OF MAXIMUM RATE SCHEDULES IN REGARD TO CONSUMER CREDIT SALES, SO AS TO PROVIDE FOR RATE SCHEDULES IN REGARD TO VARIABLE RATES AND TO PROVIDE THE DATE BY WHICH CERTAIN CREDITOR FILING FEES ARE DUE; TO AMEND SECTION 37-2-306, RELATING TO NOTICE OF ASSUMPTION OF RIGHTS, SO AS TO PROVIDE THAT EVERY CREDITOR ENGAGED IN MAKING CONSUMER LOANS PURSUANT TO SELLER CREDIT CARDS SHALL MAKE AND FILE CERTAIN DISCLOSURES; TO AMEND SECTION 37-3-104, RELATING TO THE DEFINITION OF A CONSUMER LOAN, SO AS TO REVISE THIS DEFINITION; TO AMEND SECTION 37-3-105, RELATING TO FIRST MORTGAGE REAL ESTATE LOANS, SO AS TO CORRECT AN IMPROPER REFERENCE; TO AMEND SECTION 37-3-202, AS AMENDED, RELATING TO ADDITIONAL LENDER CHARGES, SO AS TO FURTHER PROVIDE FOR THESE CHARGES; TO AMEND SECTION 37-3-203, RELATING TO DELINQUENCY CHARGES ON CERTAIN CONSUMER LOANS, SO AS TO FURTHER PROVIDE FOR THESE CHARGES; TO AMEND SECTION 37-3-303, RELATING TO NOTICE TO CO-SIGNERS AND SIMILAR PARTIES ON CERTAIN CONSUMER LOANS, SO AS TO PROVIDE FOR AN ADDITIONAL NOTICE TO CO-SIGNERS; TO AMEND SECTION 37-3-305, AS AMENDED, RELATING TO THE FILING AND POSTING OF MAXIMUM RATE SCHEDULES BY CREDITORS, SO AS TO FURTHER PROVIDE FOR THIS FILING AND POSTING IN REGARD TO VARIABLE RATES; TO AMEND SECTION 37-3-306, RELATING TO NOTICE OF ASSUMPTION RIGHTS, SO AS TO PROVIDE THAT EVERY CREDITOR MAKING CONSUMER LOANS PURSUANT TO A LENDER CREDIT CARD MUST MAKE AND FILE CERTAIN DISCLOSURES; TO AMEND SECTION 37-3-510, RELATING TO RESTRICTIONS ON AN INTEREST IN LAND AS SECURITY, SO AS TO EXEMPT CERTAIN OPEN-END CREDIT AGREEMENTS FROM THE PROVISIONS OF THIS SECTION; TO AMEND SECTION 37-4-203, RELATING TO FILING AND APPROVAL OF CREDIT INSURANCE PREMIUM RATES AND CHARGES, SO AS TO REVISE CERTAIN CREDIT LIFE INSURANCE PREMIUMS WHICH MAY BE CHARGED; TO AMEND SECTION 37-6-108, RELATING TO ADMINISTRATIVE ENFORCEMENT ORDERS OF THE ADMINISTRATOR OF THE DEPARTMENT OF CONSUMER AFFAIRS, SO AS TO FURTHER PROVIDE FOR THE VIOLATIONS WHICH ARE SUBJECT TO ACTIONS BY THE ADMINISTRATOR AND TO AUTHORIZE THE ADMINISTRATOR TO IMPOSE CERTAIN ADMINISTRATIVE PENALTIES; TO AMEND SECTION 37-6-113, RELATING TO CIVIL ACTIONS BY THE ADMINISTRATOR, SO AS TO FURTHER PROVIDE FOR THE CONDITIONS UNDER WHICH A CIVIL PENALTY MAY BE IMPOSED; TO AMEND SECTION 37-6-117, RELATING TO THE ADMINISTRATIVE RESPONSIBILITIES REGARDING CONSUMER PROTECTION OF THE ADMINISTRATOR, SO AS TO FURTHER PROVIDE FOR THESE ADMINISTRATIVE RESPONSIBILITIES; TO AMEND SECTION 37-6-203, RELATING TO FEES TO BE PAID TO THE ADMINISTRATOR, SO AS TO CLARIFY THE FEE DUE BY PERSONS ALSO ENGAGED IN MAKING CONSUMER RENTAL-PURCHASE AGREEMENTS; TO AMEND SECTION 37-10-102, AS AMENDED, RELATING TO ATTORNEY'S FEES AND OTHER CHARGES ON MORTGAGE LOANS FOR PERSONAL PURPOSES, SO AS TO DELETE CERTAIN CREDITOR DISCLOSURE STATEMENT REQUIREMENTS; TO AMEND THE 1976 CODE BY ADDING SECTION 37-10-107 SO AS TO PROHIBIT A PERSON FROM MAINTAINING AN ACTION FOR RELIEF REGARDING THE BORROWING OF MONEY UNDER CERTAIN SPECIFIED CONDITIONS; TO AMEND SECTION 39-61-100, RELATING TO THE AUTHORITY OF THE ADMINISTRATOR UNDER THE MOTOR CLUB SERVICES ACT, SO AS TO AUTHORIZE THE ADMINISTRATOR TO IMPOSE PENALTIES; TO AMEND SECTION 40-39-150, RELATING TO THE AUTHORITY OF THE ADMINISTRATOR IN REGARD TO PAWNBROKERS, SO AS TO AUTHORIZE THE ADMINISTRATOR TO ISSUE CEASE AND DESIST ORDERS; TO AMEND SECTION 44-79-80, RELATING TO THE FUNCTIONS AND POWERS OF THE ADMINISTRATOR IN REGARD TO THE PHYSICAL FITNESS SERVICES ACT, SO AS TO FURTHER PROVIDE FOR THESE POWERS AND INCREASE THE FEES FOR CERTIFICATES OF AUTHORITY ISSUED BY THE ADMINISTRATOR; AND TO REPEAL SECTION 37-6-114 RELATING TO THE PROHIBITION AGAINST JURY TRIALS IN ACTIONS BROUGHT BY THE ADMINISTRATOR UNDER THE CONSUMER PROTECTION CODE.

The Senate proceeded to a consideration of the Bill. The question being the adoption of Amendment No. 5 (RES607.002) proposed by Senator MACAULAY and previously printed in the Journal of Tuesday, May 21, 1991.

Senator MACAULAY argued in favor of the adoption of the amendment.

Senator LAND assumed the Chair.

Senator MACAULAY argued in favor of the adoption of the amendment.

Senator LEVENTIS made the point that a quorum was not present. It was ascertained that a quorum was not present.

Senator SETZLER moved that a call of the Senate be made. The following Senators answered the call:

Bryan Carmichael Courson
Drummond Fielding Giese
Gilbert Hayes Helmly
Hinds Hinson Holland
Land Leatherman Leventis
Long Lourie Macaulay
Martschink Matthews McConnell
McGill Mitchell Moore
Mullinax O'Dell Passailaigue
Patterson Peeler Pope
Reese Rose Saleeby
Setzler Shealy Smith, J.V.
Smith, N.W. Stilwell Thomas
Waddell Washington Williams
Wilson

The Senate resumed.

Senator MACAULAY continued arguing in favor of the adoption of the amendment.

On motion of Senator MACAULAY, with unanimous consent, Amendment No. 5 was carried over.

Senator MACAULAY proposed the following Amendment No. 6 (RES607.003), which was tabled:

Amend the bill, as and if amended, by deleting SECTION 2 in its entirety.

Renumber sections to conform.

Amend title to conform.

Senator MACAULAY argued in favor of the adoption of the amendment.

Senator MACAULAY moved that the amendment be adopted.

Senator SETZLER moved to lay the amendment on the table.

The amendment was laid on the table.

Senator MACAULAY proposed the following Amendment No. 7 (RES607.004), which was tabled:

Amend the bill, as and if amended, by deleting SECTION 4 in its entirety.

Renumber sections to conform.

Amend title to conform.

Senator MACAULAY argued in favor of the adoption of the amendment.

Senator MACAULAY moved that the amendment be adopted.

Senator SALEEBY moved to lay the amendment on the table.

The amendment was laid on the table.

Senator MACAULAY proposed the following Amendment No. 8 (RES607.005), which was tabled:

Amend the bill, as and if amended, by deleting SECTION 10 in its entirety.

Renumber sections to conform.

Amend title to conform.

Senator MACAULAY argued in favor of the adoption of the amendment.

Senator MACAULAY moved that the amendment be adopted.

Senator SETZLER moved to lay the amendment on the table.

The amendment was laid on the table.

Senator MACAULAY proposed the following Amendment No. 9 (RES607.006), which was tabled:

Amend the bill, as and if amended, by deleting SECTION 11 in its entirety.

Renumber sections to conform.

Amend title to conform.

Senator MACAULAY argued in favor of the adoption of the amendment.

Senator MACAULAY moved that the amendment be adopted.

Senator HINDS moved to lay the amendment on the table.

The amendment was laid on the table.

Senator MACAULAY proposed the following Amendment No. 10 (RES607.007), which was tabled:

Amend the bill, as and if amended, by deleting SECTION 22 in its entirety.

Renumber sections to conform.

Amend title to conform.

Senator MACAULAY argued in favor of the adoption of the amendment.

Senator MACAULAY moved that the amendment be adopted.

Senator SETZLER moved to lay the amendment on the table.

The amendment was laid on the table.

Senator MARTIN proposed the following Amendment No. 11 (BIN607.03), which was adopted:

Amend the bill, as and if amended, in Section 37-2-203(2), as contained in SECTION 4 of the bill by striking subsection (2) in its entirety and inserting therein:

/"(2) Notwithstanding subsection (1) the seller may contract for and receive a minimum delinquency charge not to exceed forty percent of five dollars as adjusted pursuant to Section 37-1-109. The seller may contract for such a minimum charge even though the charge exceeds five percent of the unpaid amount of the installment." /

Amend the bill further, in Section 37-2-306, as contained in SECTION 7 of the bill, by striking SECTION 7 in its entirety and inserting therein:

/SECTION 7. Section 37-2-306 of the 1976 Code is amended to read:

"Section 37-2-306. The notice provisions of Section 37-10-102(c) shall apply whenever a note, mortgage, deed of trust, bond for title or other instrument evidencing a consumer credit sale contains a provision that the holder of the instrument may accelerate payment of or renegotiate the terms of the credit transaction upon any transfer of the real estate securing the property. (A) Every creditor engaged in this State in making consumer credit sales pursuant to a seller credit card shall:

(1) File on or before January thirty-first of each year with the Department of Consumer Affairs for every seller card plan it offers to South Carolina residents the disclosures required for credit and charge card applications and solicitations by the Federal Truth-in-Lending Act, Federal Reserve Board Regulation Z, Section 226.5a(b), 12 C.F.R. Section 226.5a(b), and any amendments or replacements. The disclosures required by this section must be based on fees and charges and other terms in effect as of December thirty-first of the prior year. The required disclosures may be filed by providing one or more actual applications or solicitations used by the creditor which contain the required disclosures or by providing the disclosures on one or more of the Model Forms in Appendix G of Federal Reserve Board Regulation Z. The annual filing fee for each creditor is twenty dollars, payable at the time the disclosures are filed regardless of the number of filings; and

(2) File with the Department of Consumer Affairs current figures on the disclosures required by paragraph (1) of this section within thirty days after receiving a written request for this information from the administrator. No filing fee may be imposed for this information request.

(B) Failure to file the disclosures required by this section and any errors in these disclosures does not affect the validity of any transaction or the maximum rates or charges in any transaction made by the creditor, but the creditor is subject to the administrative remedies in Part 1 of Chapter 6." /

Amend the bill further, in Section 37-3-202(1)(c)(ii), as contained in SECTION 10 of the bill, by striking subitem (1)(c)(ii) in its entirety and inserting therein:

/ "(ii) an over-limit charge not to exceed ten dollars if the balance of the account exceeds the credit limit established pursuant to the agreement between the card issuer and the cardholder plus the lesser of ten percent of the credit limit of one hundred dollars. The over-limit charge authorized by this subitem may not be assessed again against the cardholder unless the account balance has been reduced below the credit limit plus the lesser of ten percent of the credit limit or one hundred dollars and the cardholder's account balance subsequently exceeds the credit limit plus the lesser of ten percent of the credit limit or one hundred dollars; and " /

Amend the bill further, by striking SECTION 29 in its entirety and inserting therein:

/ "SECTION 29. This act takes effect July 1, 1991, except the individual and joint insurance decreasing and level balance charges reduced in Section 37-4-203(5) of the 1976 Code and the last paragraph of Section 34-29-160 of the 1976 Code as contained in SECTION 16 take effect January 1, 1993." /

Amend title to conform.

Senator HINDS explained the amendment.

Senator HINDS moved that the amendment be adopted.

The amendment was adopted.

Senator MATTHEWS proposed the following Amendment No. 12 (436\11686.DW), which was adopted:

Amend the bill, as and if amended, Section 37-2-202(2)(b), page 4, by striking lines 26 through 44, and page 5, by striking lines 1 through 6, and inserting:

/(b) with respect to consumer credit insurance providing life, accident, or health, or unemployment coverage, if the insurance coverage is not required by the creditor, and this fact is clearly and conspicuously disclosed in writing to the consumer, and if in order to obtain the insurance in connection with the extension of credit, the consumer gives specific, dated, and separately signed affirmative written indication of his desire to do so after written disclosure to him of the cost thereof of it with a statement similar to the following appearing in caps, underlined or disclosed in another prominent manner with the consumer signature required by this section : CONSUMER CREDIT INSURANCE IS NOT REQUIRED TO OBTAIN CREDIT AND WILL NOT BE PROVIDED UNLESS YOU SIGN AND AGREE TO PAY THE ADDITIONAL COST; and/

Amend further, page 15, Section 37-3-202(2)(b), by striking lines 9 through 19 and inserting:

/(b) with respect to consumer credit insurance providing life, accident and health, or unemployment insurance coverage, if the insurance coverage is not required by the lender, and this fact is clearly and conspicuously disclosed in writing to the debtor, and if, in order to obtain the insurance in connection with the loan, the debtor gives specific, dated, and separately signed affirmative written indication of his desire to do so after written disclosure to him of the cost thereof with a statement similar to the following appearing in caps, underlined, or disclosed in another prominent manner with the consumer signature required by this section: CONSUMER CREDIT INSURANCE IS NOT REQUIRED TO OBTAIN CREDIT AND WILL NOT BE PROVIDED UNLESS YOU SIGN AND AGREE TO PAY THE ADDITIONAL COST; and/.

Amend further, page 29, SECTION 29, line 15, by inserting after /15/ /, and the provisions of Section 37-2-202(2)(b) of the 1976 Code as contained in Section 3, and the provisions of Section 37-3-202(2)(b) of the 1976 Code as contained in Section 10/.

Amend title to conform.

Senator MATTHEWS explained the amendment.

Senator MATTHEWS moved that the amendment be adopted.

The amendment was adopted.

Senator MACAULAY proposed the following Amendment No. 5 (RES607.002), which was tabled:

Amend the bill, as and if amended, by deleting SECTIONS 2, 4, 10, 11, and 22 in their entirety.

Renumber sections to conform.

Amend title to conform.

Senator MACAULAY spoke on the amendment.

Senator SALEEBY moved to lay the amendment on the table.

The amendment was laid on the table.

There being no further amendments, the Bill was read the third time, passed and ordered sent to the House of Representatives.

Senator PEELER desires to be recorded as voting against third reading of the Bill.

I refrained from participating in the debate and votes taken on S. 607 for reasons previously stated in the Senate Journal of May 23, 1991.

I refrained from voting on S. 607 because I serve on a bank board and it might be construed as a conflict of interest.

We are told that South Carolina's is a "government run amok--unaccountable, unresponsive and unethical." The State, April 26, 1991. Because I feel that government should be accountable and responsive to its citizens, and not just to the special interests, and it would be unethical to support provisions which would permit banks to make up losses sustained because of bad loans by making additional charges on credit cards beyond those agreed to at the time the credit was extended and the existing debt incurred, I could not support S. 607 without the deletions of those provisions. Annual fees, and other such charges, do not benefit the public, but only permit the banks, which are already charging credit card customers more than twice the prevailing cost of money, to generate additional cash flow to cover "red ink" elsewhere.

Banks would be more accountable to their depositors and responsive to their investors if ethical banking practices, that do not seek to benefit from irresponsible credit uses, were pursued, rather than legislation which only makes bad credit risks, temporarily, more acceptable.

Senator McCONNELL desired to be recorded as voting against third reading of S. 607.

S. 975 -- Senator Fielding: A BILL TO AMEND SECTION 13-17-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BOARD OF TRUSTEES OF THE SOUTH CAROLINA RESEARCH AUTHORITY, SO AS TO REVISE THE QUORUM REQUIREMENT FOR THE BOARD.

On motion of Senator J. VERNE SMITH, with unanimous consent, the Bill was recalled from the Committee on Labor, Commerce and Industry.

On motion of Senator J. VERNE SMITH, with unanimous consent, the Bill was ordered placed on the Calendar for consideration tomorrow.

H. 3134 -- Rep. McTeer: A BILL TO AMEND SECTIONS 9-1-1140 AND 9-11-50, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CREDITED SERVICE FOR MEMBERS OF THE SOUTH CAROLINA RETIREMENT SYSTEM AND THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM AND TO THE PROVISIONS ALLOWING MERCHANT MARINE SEAMEN AND CIVIL SERVICE CREW MEMBERS TO ESTABLISH CREDIT FOR CERTAIN SERVICE BETWEEN 1941 AND 1945, SO AS TO EXTEND THE EXPIRATION OF THAT PERIOD OF SERVICE TO 1947.

On motion of Senator J. VERNE SMITH, with unanimous consent, the Bill was recalled from the Committee on Finance.

On motion of Senator J. VERNE SMITH, with unanimous consent, the Bill was ordered placed on the Calendar for consideration tomorrow.

H. 3428 -- Rep. Baxley: A CONCURRENT RESOLUTION URGING THE UNITED STATES DEPARTMENT OF JUSTICE TO DENY PRISONER OF WAR STATUS TO MANUEL NORIEGA.

On motion of Senator LEVENTIS, with unanimous consent, the Concurrent Resolution was recalled from the Committee on Judiciary.

On motion of Senator LEVENTIS, with unanimous consent, the Concurrent Resolution was ordered placed on the Calendar for consideration tomorrow.

H. 3722 -- Rep. Burriss: A BILL TO AMEND SECTION 37-1-301, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GENERAL DEFINITIONS IN REGARD TO THE CONSUMER PROTECTION CODE, SO AS TO REVISE CERTAIN DEFINITIONS; TO AMEND SECTION 37-2-202, AS AMENDED, RELATING TO ADDITIONAL CREDITOR CHARGES, SO AS TO REVISE THESE CHARGES; TO AMEND SECTION 37-2-203, RELATING TO DELINQUENCY CHARGES ON CONSUMER CREDIT SALES, SO AS TO REVISE THESE CHARGES; TO AMEND SECTION 37-2-303, RELATING TO NOTICES TO CO-SIGNERS AND SIMILAR PARTIES ON CONSUMER CREDIT SALES, SO AS TO PROVIDE FOR AN ADDITIONAL NOTICE TO CO-SIGNERS; TO AMEND SECTION 37-2-305, RELATING TO FILING AND POSTING OF MAXIMUM RATE SCHEDULES IN REGARD TO CONSUMER CREDIT SALES, SO AS TO PROVIDE FOR RATE SCHEDULES IN REGARD TO VARIABLE RATES AND TO PROVIDE THE DATE BY WHICH CERTAIN CREDITOR FILING FEES ARE DUE; TO AMEND SECTION 37-2-306, RELATING TO NOTICE OF ASSUMPTION OF RIGHTS, SO AS TO PROVIDE THAT EVERY CREDITOR ENGAGED IN MAKING CONSUMER LOANS PURSUANT TO SELLER CREDIT CARDS SHALL MAKE AND FILE CERTAIN DISCLOSURES; TO AMEND SECTION 37-3-104, RELATING TO THE DEFINITION OF A CONSUMER LOAN, SO AS TO REVISE THIS DEFINITION; TO AMEND SECTION 37-3-105, RELATING TO FIRST MORTGAGE REAL ESTATE LOANS, SO AS TO CORRECT AN IMPROPER REFERENCE; TO AMEND SECTION 37-3-202, AS AMENDED, RELATING TO ADDITIONAL LENDER CHARGES, SO AS TO FURTHER PROVIDE FOR THESE CHARGES; TO AMEND SECTION 37-3-203, RELATING TO DELINQUENCY CHARGES ON CERTAIN CONSUMER LOANS, SO AS TO FURTHER PROVIDE FOR THESE CHARGES; TO AMEND SECTION 37-3-303, RELATING TO NOTICE TO CO-SIGNERS AND SIMILAR PARTIES ON CERTAIN CONSUMER LOANS, SO AS TO PROVIDE FOR AN ADDITIONAL NOTICE TO CO-SIGNERS; TO AMEND SECTION 37-3-305, AS AMENDED, RELATING TO THE FILING AND POSTING OF MAXIMUM RATE SCHEDULES BY CREDITORS, SO AS TO FURTHER PROVIDE FOR THIS FILING AND POSTING IN REGARD TO VARIABLE RATES; TO AMEND SECTION 37-3-306, RELATING TO NOTICE OF ASSUMPTION RIGHTS, SO AS TO PROVIDE THAT EVERY CREDITOR MAKING CONSUMER LOANS PURSUANT TO A LENDER CREDIT CARD MUST MAKE AND FILE CERTAIN DISCLOSURES; TO AMEND SECTION 37-3-510, RELATING TO RESTRICTIONS ON AN INTEREST IN LAND AS SECURITY, SO AS TO EXEMPT CERTAIN OPEN-END CREDIT AGREEMENTS FROM THE PROVISIONS OF THIS SECTION; TO AMEND SECTION 37-6-108, RELATING TO ADMINISTRATIVE ENFORCEMENT ORDERS OF THE ADMINISTRATOR OF THE DEPARTMENT OF CONSUMER AFFAIRS, SO AS TO FURTHER PROVIDE FOR THE VIOLATIONS WHICH ARE SUBJECT TO ACTIONS BY THE ADMINISTRATOR AND TO AUTHORIZE THE ADMINISTRATOR TO IMPOSE CERTAIN ADMINISTRATIVE PENALTIES; TO AMEND SECTION 37-6-113, RELATING TO CIVIL ACTIONS BY THE ADMINISTRATOR, SO AS TO FURTHER PROVIDE FOR THE CONDITIONS UNDER WHICH A CIVIL PENALTY MAY BE IMPOSED; TO AMEND SECTION 37-6-117, RELATING TO THE ADMINISTRATIVE RESPONSIBILITIES REGARDING CONSUMER PROTECTION OF THE ADMINISTRATOR, SO AS TO FURTHER PROVIDE FOR THESE ADMINISTRATIVE RESPONSIBILITIES; TO AMEND SECTION 37-6-203, RELATING TO FEES TO BE PAID TO THE ADMINISTRATOR, SO AS TO CLARIFY THE FEE DUE BY PERSONS ALSO ENGAGED IN MAKING CONSUMER RENTAL-PURCHASE AGREEMENTS; TO AMEND SECTION 37-10-102, AS AMENDED, RELATING TO ATTORNEY'S FEES AND OTHER CHARGES ON MORTGAGE LOANS FOR PERSONAL PURPOSES, SO AS TO DELETE CERTAIN CREDITOR DISCLOSURE STATEMENT REQUIREMENTS; TO AMEND THE 1976 CODE BY ADDING SECTION 37-10-107 SO AS TO PROHIBIT A PERSON FROM MAINTAINING AN ACTION FOR RELIEF REGARDING THE BORROWING OF MONEY UNDER CERTAIN SPECIFIED CONDITIONS; TO AMEND SECTION 39-61-100, RELATING TO THE AUTHORITY OF THE ADMINISTRATOR UNDER THE MOTOR CLUB SERVICES ACT, SO AS TO AUTHORIZE THE ADMINISTRATOR TO IMPOSE PENALTIES; TO AMEND SECTION 40-39-150, RELATING TO THE AUTHORITY OF THE ADMINISTRATOR IN REGARD TO PAWNBROKERS, SO AS TO AUTHORIZE THE ADMINISTRATOR TO ISSUE CEASE AND DESIST ORDERS; TO AMEND SECTION 44-79-80, RELATING TO THE FUNCTIONS AND POWERS OF THE ADMINISTRATOR IN REGARD TO THE PHYSICAL FITNESS SERVICES ACT, SO AS TO FURTHER PROVIDE FOR THESE POWERS AND INCREASE THE FEES FOR CERTIFICATES OF AUTHORITY ISSUED BY THE ADMINISTRATOR; AND TO REPEAL SECTION 37-6-114 RELATING TO THE PROHIBITION AGAINST JURY TRIALS IN ACTIONS BROUGHT BY THE ADMINISTRATOR UNDER THE CONSUMER PROTECTION CODE.

On motion of Senator SETZLER, with unanimous consent, the Bill was recalled from the Committee on Banking and Insurance.

On motion of Senator SETZLER, the Bill was read the second time, passed and ordered to a third reading with notice of general amendments.

H. 3768 -- Reps. Phillips and Wright: A BILL TO AMEND CHAPTER 59, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPRIETARY SCHOOLS, SO AS TO TRANSFER AUTHORITY FROM THE STATE BOARD OF EDUCATION TO THE STATE COMMISSION ON HIGHER EDUCATION; TO PROVIDE FOR THE STATE COMMISSION ON HIGHER EDUCATION TO PROMULGATE REGULATIONS AND PROVIDE FOR INTERIM REGULATIONS; AND TO REPEAL CHAPTER 61, TITLE 59, RELATING TO REGULATIONS PERTAINING TO COURSES OF INSTRUCTION.

On motion of Senator SETZLER, with unanimous consent, the Bill was recalled from the Committee on Education.

On motion of Senator SETZLER, with unanimous consent, the Bill was ordered placed on the Calendar for consideration tomorrow.

H. 3797 -- Rep. Hodges: A BILL TO AMEND SECTION 12-19-150, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXEMPTION OF CERTAIN ORGANIZATIONS FROM CORPORATE LICENSE FEES AND RELATED PROVISIONS, SO AS TO ALSO EXEMPT STATE-CHARTERED CREDIT UNIONS.

Senator J. VERNE SMITH moved to recall the Bill from the Committee on Finance.

Senator J. VERNE SMITH spoke on the motion.

Senator LEVENTIS objected.

H. 3786 -- Reps. Houck, J. Harris, L. Elliott and Jennings: A BILL TO AMEND SECTION 40-47-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MEETINGS AND OFFICERS OF THE STATE BOARD OF MEDICAL EXAMINERS, SO AS TO FURTHER PROVIDE FOR TERMS OF OFFICE, CONSECUTIVE SERVICE, AND LIMITATIONS ON SERVICE AS AN OFFICER OF THE BOARD.

On motion of Senator MACAULAY, with unanimous consent, the Bill was recalled from the Committee on Medical Affairs.

On motion of Senator MACAULAY, with unanimous consent, the Bill was ordered placed on the Calendar for consideration tomorrow.

H. 3797 -- Rep. Hodges: A BILL TO AMEND SECTION 12-19-150, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXEMPTION OF CERTAIN ORGANIZATIONS FROM CORPORATE LICENSE FEES AND RELATED PROVISIONS, SO AS TO ALSO EXEMPT STATE-CHARTERED CREDIT UNIONS.

On motion of Senator WADDELL, with unanimous consent, the Bill was recalled from the Committee on Finance.

On motion of Senator WADDELL, with unanimous consent, the Bill was ordered placed on the Calendar for consideration tomorrow.

H. 3842 -- Rep. T.C. Alexander: A BILL TO AMEND SECTION 41-33-150, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUISITIONING AND USE OF MONEY IN THE UNEMPLOYMENT TRUST FUND FOR THE PAYMENT OF ADMINISTRATION EXPENSES, SO AS TO FURTHER PROVIDE FOR CONDITIONS UNDER WHICH THESE FUNDS MAY BE USED FOR THESE PURPOSES.

On motion of Senator DRUMMOND, with unanimous consent, the Bill was recalled from the Committee on Labor, Commerce and Industry.

On motion of Senator DRUMMOND, with unanimous consent the Bill was ordered placed on the Calendar for consideration tomorrow.

The PRESIDENT assumed the Chair.

The Senate proceeded to the Motion Period.

H. 3704 -- Reps. Felder, Foster, K. Bailey, Bennett and McCain: A BILL TO CHANGE SOUTH CAROLINA STATE COLLEGE TO SOUTH CAROLINA STATE UNIVERSITY, EFFECTIVE JULY 1, 1991.

Senator MATTHEWS moved to set the Bill for Special Order.

The Bill was made a Special Order.

H. 3716 -- Reps. Whipper, D. Williams, Wofford, Barber, Fulmer, R. Young, Rama, Hallman, D. Martin, Gonzales, Snow, Altman, White, Keegan, J. Williams, G. Bailey and A. Young: A BILL TO AMEND SECTION 59-130-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS OF THE BOARD OF TRUSTEES OF THE COLLEGE OF CHARLESTON, SO AS TO AUTHORIZE THE BOARD TO CREATE THE UNIVERSITY OF CHARLESTON AND PROVIDE FOR OTHER RELATED MATTERS IN CONNECTION WITH THE CREATION OF THIS UNIVERSITY.

Senator McCONNELL moved to set the Bill for special Order.

Senator STILWELL raised a Point of Order that the motion under Rule 34B was out of order inasmuch as the Bill had not been on the Calendar for a minimum of six statewide legislative days.

The PRESIDENT sustained the Point of Order.

H. 3408 -- Rep. Kirsh: A BILL TO AMEND SECTION 39-55-55, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MEMBERS OF THE CEMETERY BOARD, SO AS TO DELETE THE PROVISIONS FOR TWO MEMBERS TO BE APPOINTED FROM NOMINATIONS BY THE CEMETERY ASSOCIATION AND FOR INITIAL TERMS, PROVIDE FOR NOMINATIONS FROM AN INDIVIDUAL, A GROUP, OR AN ASSOCIATION, AND PROVIDE FOR APPOINTMENT AFTER A VACANCY; TO AMEND SECTION 39-55-95, RELATING TO LICENSES FOR THE OPERATION OF A CEMETERY, SO AS TO DECREASE THE REQUIRED EXPERIENCE FOR A GENERAL MANAGER FROM TWO YEARS TO ONE YEAR; TO AMEND SECTION 39-55-115, RELATING TO POWERS AND DUTIES OF THE BOARD, SO AS TO PROVIDE ADDITIONAL DUTIES REGARDING INVESTIGATIONS OF LICENSEES AND REVOCATION AND SUSPENSION OF LICENSES AND PROVIDE FOR APPLICATION OF THE ADMINISTRATIVE PROCEDURES ACT TO RELATED PROCEEDINGS; TO AMEND SECTION 39-55-125, RELATING TO RECORDS AND REGULATIONS OF A CEMETERY, SO AS TO PROHIBIT CERTAIN REGULATIONS, PROVIDE FOR THE ASSESSMENT OF FEES, DEFINE LABOR COSTS, AND PROVIDE FOR THE ESTABLISHMENT, AMENDMENT, AND ABOLISHMENT OF REGULATIONS PURSUANT TO THE ADMINISTRATIVE PROCEDURES ACT; TO AMEND SECTION 39-55-185, RELATING TO THE MERCHANDISE TRUST FUND, SO AS TO REQUIRE A FINANCIAL REPORT TO BE SIGNED BY A LICENSED ACCOUNTANT; AND TO REAUTHORIZE THE EXISTENCE OF THE CEMETERY BOARD FOR FIVE YEARS.

Senator HINDS moved to set the Bill for Special Order.

The Bill was made a Special Order.

S. 996 -- Senators Fielding and Nell W. Smith: A JOINT RESOLUTION TO REQUIRE EACH PUBLIC SCHOOL DISTRICT IN THE STATE TO IMPLEMENT A NUTRITIONAL, WELL-BALANCED SCHOOL BREAKFAST PROGRAM FOR SCHOOL YEAR 1991-92.

Senator NELL W. SMITH asked unanimous consent to give the Bill a third reading.

Senator GIESE objected.

Senator NELL W. SMITH made a Parliamentary Inquiry as to whether or not unanimous consent was required to give the Bill a third reading when the motion was made during the Motion Period.

The PRESIDENT stated that unanimous consent was required.

Senator NELL W. SMITH was recognized to speak on the Bill.

Senator GIESE was recognized to speak on the Bill.

Senator MITCHELL spoke on the Bill.

Senator MITCHELL moved to give the Bill a third reading.

Senator GIESE objected.

Senator SETZLER moved under Rule 33 to vary the order of the day and take up for immediate consideration S. 996.

Senator McCONNELL raised a Point of Order that the motion was out of order inasmuch as the order of business could be varied from category to category, but to vary the order to go to a specific bill within a category requires unanimous consent.

The PRESIDENT sustained the Point of Order.

On motion of Senator WADDELL, the Senate agreed to dispense with the balance of the Motion Period.

H. 3650 -- Ways and Means Committee: A BILL TO MAKE APPROPRIATIONS TO MEET THE ORDINARY EXPENSES OF THE STATE GOVERNMENT FOR THE FISCAL YEAR BEGINNING JULY 1, 1991 AND FOR OTHER PURPOSES; TO REGULATE THE EXPENDITURE OF SUCH FUNDS; TO FURTHER PROVIDE FOR THE OPERATION OF THE STATE GOVERNMENT DURING THE FISCAL YEAR; TO APPROPRIATE FUNDS ALLOTTED TO THE STATE GOVERNMENT UNDER THE PUBLIC WORKS EMPLOYMENT ACT OF 1976 (FEDERAL); TO AMEND SECTIONS 9-1-1140, AS AMENDED, AND 9-11-50, AS AMENDED, OF THE 1976 CODE, RELATING TO CREDITED SERVICE FOR PURPOSES OF THE SOUTH CAROLINA RETIREMENT SYSTEM AND THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM, SO AS TO PROVIDE THAT EFFECTIVE FOR A MEMBER RETIRING AFTER MARCH 31, 1991, A MEMBER SHALL RECEIVE SERVICE CREDIT FOR NOT MORE THAN NINETY DAYS OF HIS UNUSED SICK LEAVE AT NO COST TO THE MEMBER, AND TO PROVIDE THAT THIS ADDITIONAL SERVICE CREDIT MAY NOT BE USED TO QUALIFY FOR RETIREMENT; TO AMEND SECTION 12-7-435, AS AMENDED, OF THE 1976 CODE, RELATING TO DEDUCTIONS FROM SOUTH CAROLINA TAXABLE INCOME FOR PURPOSES OF THE STATE INDIVIDUAL INCOME TAX, SO AS TO CONSOLIDATE INTO ONE ITEM THE DEDUCTIONS ALLOWED FOR VARIOUS TYPES OF RETIREMENT INCOME, TO DEFINE RETIREMENT INCOME, TO PROVIDE THAT A TAXPAYER MAY DEDUCT NOT MORE THAN THREE THOUSAND DOLLARS OF RETIREMENT INCOME ANNUALLY; AND TO REPEAL SECTION 12-7-436 RELATING TO AN OBSOLETE LIMITATION ON THE RETIREMENT INCOME DEDUCTION; TO AMEND SECTION 12-27-1270, AS AMENDED, OF THE 1976 CODE, RELATING TO THE ECONOMIC DEVELOPMENT ACCOUNT FUNDED FROM THE REVENUES OF THE THREE CENTS ADDITIONAL TAX ON GASOLINE AND MOTOR FUELS, SO AS TO PROVIDE THAT THE ACCOUNT MUST BE REPLENISHED ANNUALLY SO THAT FIFTEEN MILLION DOLLARS OF UNOBLIGATED OR UNCOMMITTED FUNDS ARE AVAILABLE ON JULY FIRST FOR THE CURRENT YEAR, TO ALLOW FUNDS OBLIGATED OR COMMITTED IN THE PRIOR YEAR TO BE CARRIED FORWARD AND EXPENDED, TO DELETE LANGUAGE RELATING TO A LIMIT ON THE ACCOUNT, TO DELETE OBSOLETE LANGUAGE, AND TO DELETE PROVISIONS AUTHORIZING CONTINUING EXPENDITURES FOR A STATE INFRASTRUCTURE MODEL; TO AMEND SECTION 27, PART II, ACT 658 OF 1988, AS AMENDED, RELATING TO THE SPECIAL TREATMENT FOR LONG-TERM CAPITAL GAINS RECOGNIZED BETWEEN JANUARY 1, 1987, AND JUN 22, 1987, AND THE STATE INCOME TAX REFUNDS OR CREDITS ALLOWED AS A RESULT OF THE SPECIAL TREATMENT, SO AS TO REDUCE THE AMOUNT OF THE REFUND OR CREDIT ALLOWED BY ONE-HALF; TO AMEND SECTION 44-7-84 OF THE 1976 CODE, AS AMENDED, RELATING TO THE MAXIMUM NUMBER OF MEDICAID PATIENT DAYS FOR MEDICAID NURSING HOME PERMITS, SO AS TO PROVIDE THAT THE ANNUAL TWO DOLLAR ADMINISTRATIVE FEE IS FOR EACH PATIENT DAY USED AND TO DELETE THE JUNE 30, 1991, EXPIRATION DATE FOR THIS ADMINISTRATIVE FEE; TO AMEND SECTION 12-7-20, AS AMENDED, OF THE 1976 CODE, RELATING TO DEFINITIONS FOR PURPOSES OF THE STATE INCOME TAX, SO AS TO UPDATE THE REFERENCE DATE OF THIS STATE'S ADOPTION OF VARIOUS PROVISIONS OF THE INTERNAL REVENUE CODE OF 1986; TO AMEND SECTION 12-21-2420 OF THE 1976 CODE, RELATING TO THE ADMISSIONS TAX, SO AS TO INCREASE THE TAX FROM FOUR TO FIVE PERCENT, ALLOW THE TAX TO BE LISTED SEPARATELY FROM THE COST OF ADMISSION ON AN ADMISSION TICKET, AND DELETE OBSOLETE LANGUAGE; AND TO AMEND SECTION 51-1-75, RELATING TO ALLOCATION AND USE OF THE ADMISSIONS TAX, SO AS TO INCREASE THE AMOUNT IN THE GENERAL FUND; TO PROVIDE THAT THE NINE ADDITIONAL CIRCUIT JUDGES ADDED PURSUANT TO ACT 610 OF 1990 SHALL TAKE OFFICE JANUARY 1, 1992, RATHER THAN JULY 1, 1991; TO AMEND SECTION 44-56-160, AS AMENDED, OF THE 1976 CODE, RELATING TO THE HAZARDOUS WASTE CONTINGENCY FUND AND THE PINEWOOD HAZARDOUS WASTE CONTINGENCY FUND, SO AS TO DELETE THE REFERENCE TO ANNUAL APPROPRIATIONS BY THE GENERAL ASSEMBLY TO BE USED IN ADDITION TO FEES TO FINANCE THE HAZARDOUS WASTE CONTINGENCY FUND; TO AMEND SECTION 9-17-40 OF THE 1976 CODE, RELATING TO CONTRIBUTIONS UNDER THE OPTIONAL RETIREMENT PROGRAM FOR EMPLOYEES OF PUBLICLY SUPPORTED FOUR-YEAR AND POST GRADUATE INSTITUTIONS OF HIGHER EDUCATION, SO AS TO PROVIDE THAT THE EMPLOYING INSTITUTION'S CONTRIBUTION TO THE PLAN MAY NOT BE LESS THAN FOUR AND ONE-QUARTER PERCENT OF COMPENSATION; TO AMEND SECTION 11-5-210, AS AMENDED, OF THE 1976 CODE, RELATING TO THE REQUIREMENT THAT CERTAIN BOARDS AND COMMISSIONS REMIT REVENUES AND INCOME PROMPTLY TO THE STATE TREASURER, SO AS TO ADD TO THE LIST OF BOARDS AND COMMISSIONS THE STATE ATHLETIC COMMISSION, THE STATE BOARD OF REGISTRATION FOR GEOLOGISTS, AND THE STATE BOARD OF EXAMINERS FOR PROFESSIONAL COUNSELORS, AND ASSOCIATE COUNSELORS, AND MARITAL AND FAMILY THERAPISTS AND PROVIDE THAT THE BOARDS AND COMMISSIONS LISTED IN THIS SECTION ARE KNOWN AS PROFESSIONAL AND OCCUPATIONAL LICENSING AGENCIES (POLA); TO AMEND ITEM (2) OF SECTION 12-21-2720, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COIN OPERATED DEVICES, SO AS TO EXEMPT FROM THE LICENSE FEES BATTING MACHINES ON WHICH ADMISSIONS TAXES ARE CHARGED; TO AMEND SECTION 12-27-390 OF THE 1976 CODE, RELATING TO THE DISTRIBUTION OF A PORTION OF THE GASOLINE TAX TO COUNTIES IN PROPORTION TO THE NUMBER OF REGISTERED WATERCRAFT, SO AS TO PROVIDE THAT THE FUNDS MUST BE ALLOCATED INSTEAD OF DISTRIBUTED TO THE COUNTIES, PROVIDE THAT THE WILDLIFE AND MARINE RESOURCES DEPARTMENT BE REIMBURSED FOR REHABILITATION COSTS IN ADDITION TO ENGINEERING AND DESIGN COSTS, AND DELETE A PROVISION WHICH PROVIDES THAT FUNDS FOR REIMBURSEMENT TO THE DEPARTMENT BE CHARGED AGAINST THE FUNDS OF THE COUNTY IN WHICH THE PROJECT IS PROPOSED; TO AMEND SECTION 4-10-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LOCAL OPTION SALES TAX, SO AS TO PROVIDE THAT FIVE PERCENT OF THE REVENUE GENERATED BY COUNTIES WITH FIVE MILLION DOLLARS OR MORE IN COLLECTIONS BE COMPLETELY DISTRIBUTED AMONG THOSE COUNTIES COLLECTING LESS THAN TWO MILLION DOLLARS UNTIL ALL COUNTIES ARE MADE WHOLE; TO AMEND SECTION 44-2-60, AS AMENDED, OF THE 1976 CODE, RELATING TO THE STATE UNDERGROUND PETROLEUM ENVIRONMENTAL RESPONSE BANK ACT AND THE IMPOSITION OF CERTAIN ENVIRONMENTAL IMPACT FEES, SO AS TO PROVIDE THAT THE DEPARTMENT OF AGRICULTURE IS AUTHORIZED TO RETAIN AND EXPEND FOR ITS AUTHORIZED PURPOSES ONE PERCENT OF THESE ENVIRONMENTAL IMPACT FEES IT COLLECTS IN ANY FISCAL YEAR; TO AMEND SECTIONS 44-2-40, 44-2-90, AND 44-2-210, ALL AS AMENDED, OF THE 1976 CODE, RELATING TO THE APPLICABLE FEES USED TO FUND THE SUPERB ACCOUNT AND THE EARLY DETECTION INCENTIVE PROGRAM UNDER THE STATE UNDERGROUND PETROLEUM ENVIRONMENTAL RESPONSE BANK ACT, SO AS TO DOUBLE THE PORTION OF THE TANK REGISTRATION FEE WHICH MAY BE USED FOR PROGRAM ADMINISTRATION AND THE ANNUAL TOTAL WHICH MAY BE EXPENDED ON ADMINISTRATION, TO PROVIDE THAT AFTER DECEMBER 31, 1998, THE TANK REGISTRATION FEE DECREASES TO FIFTY DOLLARS RATHER THAN TWENTY-FIVE DOLLARS, AND TO EXTEND THE EXPIRATION DATE OF THE GENERAL GRACE PERIOD OF THE EARLY DETECTION INCENTIVE PROGRAM TO DECEMBER 31, 1991; AND TO AMEND SECTION 12-54-140, RELATING TO THE REQUIREMENT THAT A CORPORATE TAXPAYER NOTIFY THE SOUTH CAROLINA TAX COMMISSION OF CHANGES IN CORPORATE TAXABLE INCOME MADE BY THE INTERNAL REVENUE SERVICE AND THE AUTHORITY OF THE COMMISSION TO ADJUST THE STATE TAX RETURN AND ISSUE A NOTICE OF ASSESSMENT, SO AS TO EXTEND THE REQUIREMENT TO ALL TAXPAYERS AND ALLOW THE COMMISSION ONE HUNDRED EIGHTY DAYS RATHER THAN NINETY DAYS AFTER RECEIPT OF NOTICE TO GIVE A NOTICE OF ASSESSMENT.

Senator WADDELL, with unanimous consent, was recognized to make a Report of the Committee of Conference.

Senator SETZLER spoke on the report.

Senator PASSAILAIGUE spoke on the report.

Senator PASSAILAIGUE moved that it be the Sense of the Senate that Proviso 14.97 in Part I and Section 3 of Part II of H. 3650, the General Appropriation Bill, as passed by the Senate be included in the Conference Report.

Senator WADDELL raised a Point of Order that a two-thirds vote on the Sense of the Senate motion was out of order inasmuch as a Sense of the Senate motion was not binding.

Senator McCONNELL spoke on the Point of Order.

Senator FIELDING spoke on the Point of Order.

Senator DRUMMOND spoke on the report.

Senator McCONNELL spoke on the report.

Senator WILLIAMS requested and was granted at 5:30 P.M. a leave of absence for the remainder of the day.

The "ayes" and "nays" were demanded and taken, resulting as follows:

Courson Fielding Giese
Hayes Leventis Lourie
Matthews Mitchell Passailaigue
Patterson Reese Thomas

Carmichael Drummond Hinson
Land Leatherman Long
Macaulay Martschink McConnell
McGill *Mullinax O'Dell
Peeler Pope Rose
Russell Saleeby Setzler
*Shealy Smith, J.V. Smith, N.W.
Waddell *Williams Wilson

Gilbert

*These Senators were not present in the Chamber at the time the vote was taken and the votes were recorded by leave of the Senate, with unanimous consent.

The Sense of the Senate failed.

Senator WASHINGTON desires to be recorded as voting in favor of the Sense of the Senate motion.

Senator PASSAILAIGUE spoke on the report.

Senator PASSAILAIGUE made a Sense of the Senate motion as it relates to Section 6 of Part II of H. 3650, that the Senate version as to the treatment of capital gains be included.

A division was requested.

A division was taken, resulting in a vote of 4-14.

The Sense of the Senate motion failed.

Senators PASSAILAIGUE, McCONNELL and GIESE desire to be recorded as voting in favor of the Sense of the Senate motion.

Senator ROSE desires to be recorded as voting against the Sense of the Senate motion.

Senator PASSAILAIGUE spoke on the report.

Senator PASSAILAIGUE made a Sense of the Senate motion as it relates to Section 6 of Part II of H. 3650 and the provisions requiring taxpayer disclosure on the hiring of a lobbyist be included.

A division was requested.

A division was taken, resulting in a vote of 31-0.

The Sense of the Senate motion was adopted.

Senator PASSAILAIGUE continued speaking on the report.

Senator WADDELL spoke on the report.
Senator SETZLER spoke on the report.

Senator SETZLER moved that a call of the Senate be made. The following Senators answered the call:

Carmichael Courson Drummond
Fielding Giese Gilbert
Hayes Hinson Holland
Land Leatherman Leventis
Long Lourie Macaulay
Martschink Matthews McConnell
Mitchell Moore O'Dell
Passailaigue Patterson Peeler
Pope Reese Rose
Russell Saleeby Setzler
Smith, J.V. Smith, N.W. Stilwell
Thomas Waddell Washington
Williams Wilson

The Senate resumed.

Senator WADDELL moved that the Committee of Conference be granted Free Conference Powers.

A division was requested.

A division was taken, resulting in a vote of 32-4.

Free Conference Powers were granted to the Committee of Conference; whereupon the President appointed Senators WADDELL, DRUMMOND and SETZLER to the Committee of Free Conference on the part of the Senate, and a message was sent to the House accordingly.

Senators McCONNELL, ROSE, PASSAILAIGUE and REESE desire to be recorded as voting against granting Free Conference Powers to the Committee of Conference.

H. 3496 -- Reps. Waites, Corning, Wright, Manly and Whipper: A BILL TO AMEND SECTION 20-7-2700, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS PERTAINING TO CHILD DAY CARE FACILITIES, SO AS TO REVISE THE DEFINITIONS OF REGULAR AND PROVISIONAL LICENSES; AND TO AMEND SECTION 20-7-2840, RELATING TO THE REGISTRATION OF FAMILY DAY CARE HOMES, SO AS TO PROVIDE FOR THEIR ELECTION TO BE LICENSED.

On motion of Senator NELL W. SMITH, with unanimous consent, the Bill was recalled from the Committee on Medical Affairs.

On motion of Senator NELL W. SMITH with unanimous consent, the Bill was ordered placed on the Calendar for consideration tomorrow.

H. 3739 -- Rep. Keyserling: A BILL TO AMEND CHAPTER 7, TITLE 54, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SHIPWRECK AND SALVAGE OPERATORS, BY ADDING ARTICLE 5 SO AS TO ENACT THE SOUTH CAROLINA UNDERWATER ANTIQUITIES ACT OF 1991 AND TO PROVIDE PENALTIES FOR VIOLATIONS; AND TO REPEAL ARTICLE 4, CHAPTER 7 OF TITLE 54, THE SOUTH CAROLINA UNDERWATER ANTIQUITIES ACT OF 1982.

On motion of Senator RUSSELL, with unanimous consent, the Bill was recalled from the General Committee.

On motion of Senator RUSSELL, with unanimous consent, the Bill was substituted for S. 509 and ordered placed on the Calendar for consideration tomorrow.

S. 509 -- Senators Russell and Wilson: A BILL TO AMEND CHAPTER 7, TITLE 54 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SHIPWRECK AND SALVAGE OPERATORS, BY ADDING ARTICLE 5 SO AS TO ENACT THE SOUTH CAROLINA UNDERWATER ANTIQUITIES ACT OF 1991 AND TO PROVIDE PENALTIES FOR VIOLATIONS; AND TO REPEAL ARTICLE 4, CHAPTER 7 OF TITLE 54, THE SOUTH CAROLINA UNDERWATER ANTIQUITIES ACT OF 1982.

On motion of Senator RUSSELL, with unanimous consent, the Bill was recommitted to the General Committee.

H. 3280 -- Reps. McAbee, Sharpe, G. Bailey, D. Elliott, Mattos, Boan, Haskins, Shirley, Gregory, White and Keyserling: A BILL TO AMEND CHAPTER 4, TITLE 6, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ALLOCATION OF ACCOMMODATIONS TAX REVENUES, SO AS TO DEFINE TERMS, REVISE THE PROCEDURES FOR ALLOCATION, DISTRIBUTION, AND USE OF THE FUNDS, PROVIDE ADDITIONAL REQUIREMENTS FOR ADVISORY COMMITTEES, AND PROVIDE FOR AN ACCOMMODATIONS TAX OVERSIGHT COMMITTEE.

Senator LONG asked unanimous consent to take the Bill up for immediate consideration.

The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Finance.

The amendment proposed by the Committee on Finance was adopted as follows:

The Finance Committee proposed the following amendment (N05\7583.BD):

Amend the bill, as and if amended, by striking Section 6-4-5(2) and inserting:

/(2) `Cultural', as it applies to members of advisory committees in Section 6-4-25 and the South Carolina Accommodations Tax Oversight Committee in Section 6-4-30, means persons actively involved and familiar with the cultural community of the area including, but not limited to, the arts, historical preservation, museums, and festivals./

Amend further by striking Section 6-4-10(4)(e) and inserting:

/Any person or political subdivision which determines that the expenditure of accommodations tax proceeds by the county is not substantially in compliance with the provisions of this paragraph may seek relief to obtain compliance in the Court of Common Pleas of the county concerned./

Amend further by striking Section 6-4-30 and inserting:

/Section 6-4-30. (A) A South Carolina Accommodations Tax Oversight Committee is created and consists of the members of the Joint Committee on Tourism and Trade and the Chairman of the Joint Committee on Cultural Affairs. The committee must be funded with existing state resources available to the Joint Committee on Tourism and Trade. Local governments covered by this chapter may expend accommodations tax revenues pursuant to this chapter, and the committee shall:

(1) serve as a resource to, answer questions of, and assist advisory committees and local governments in the implementation of the accommodations tax;

(2) arrange continuing education programs or workshops for local governmental officials and advisory committee members;

(3) serve as the oversight authority on questionable expenditures;

(4) require that complaints relating to the accommodations tax be submitted in writing;

(5) investigate and research facts on submitted complaints;

(6) report its recommendation on submitted complaints to the State Parks, Recreation and Tourism Commission. The commission shall establish procedures to determine whether there is a violation of the law on the accommodations tax. If the commission determines there is a violation, it may:

(a) require restoration of accommodations tax funds for documented improper expenditures; or

(b) require that the State Treasurer withhold subsequent accommodations tax payments equal to the amount of the improper expenditures until the issue is resolved satisfactorily;

(7) publish an annual report on information submitted by the local governments and regional tourism agencies in Section 6-4-20 covered by the tourism provisions of this chapter.

(B) Determinations of violations of the law on the accommodations tax by the Parks, Recreation and Tourism Commission may be appealed to the court of common pleas of the county concerned./

Amend further by striking SECTION 2 and inserting:

/SECTION 2. This act takes effect July 1, 1991./

Amend title to conform.

Senator LONG explained the committee amendment.

The Bill was carried over.

On motion of Senator J. VERNE SMITH, the seal of secrecy was removed, so far as the same relates to appointments made by the Governor and confirmed by the Senate, and the same were ordered published in the Journal, to wit:

Reappointment, Member, State Board of Barber Examiners, At-Large, with term to expire June 30, 1995:

Mr. Edwin C. Barnes, 391 Park Road, Lexington, S.C. 29072

Reappointment, Member, State Human Affairs Commission, with term to commence July 1, 1991, and to expire on June 30, 1994:

4th Congressional District:

Mr. Anthony D. Bell, 121 Mabry Drive, Spartanburg, South Carolina 29302

Appointment, Member, South Carolina State Fire Commission, for the remainder of a term expiring January 15, 1991, and a full term to expire on January 15, 1995:

2nd Congressional District - Volunteer:

Mr. Walter Lee Safley, 125 Seven Drive, Chapin, South Carolina 29036 VICE Steven G. Newsome (resigned)

Appointment, Member, South Carolina Commission on Archives and History, At-Large, with term to expire Coterminously with the Governor:

Mrs. Nancy D. Hawk, 1 Meeting Street, Charleston, South Carolina 29401 VICE David B. McCormack

Reappointment, Member, State Human Affairs Commission, with term to expire on June 30, 1994:

3rd Congressional District:

Mr. Wilman W. McClellan, Sr., Post Office Box 272, Liberty, South Carolina 29657

Reappointment, Member, South Carolina Alcoholic Beverage Control Commission, At-Large, with term to expire on June 30, 1997:

Mr. Curtis Wilbur Hodge, 603 North Almond Drive, Simpsonville, South Carolina 29681

Appointment, Member, S.C. Bankers Association:

Mr. R. Thornwell Dunlap, Jr., The County Bank, Post Office Box 3129, Greenwood, South Carolina 29648 VICE Raymond S. Caughman

Reappointment, Member, State Human Affairs Commission, with term to commence on July 1, 1991, and to expire on June 30, 1994:

5th Congressional District:

Mrs. Susie M. Spradley, 2517 1/2 Thomas Street, Camden, South Carolina 29020

Reappointment, Member, South Carolina Aeronautics Commission, with term to expire on October 27, 1995:

1st Congressional District:

Mr. Edwin S. Pearlstine, Post Office Box 10247, Charleston, South Carolina 29411

Reappointment, Member, State Board of Corrections, with term to expire on June 30, 1997:

2nd Congressional District:

Mr. Norman Kirkland, P.O. Box 544, Bamberg, S.C. 29003

Appointment, Member, Jobs Economic Development Authority, with term to expire on July 27, 1994:

2nd Congressional District:

Ms. Sandra R. Corbitt, 4131 Chesterfield Drive, Columbia, South Carolina 29203 VICE R. Phil Roof

Appointment, Member, State Commission on Higher Education, At-Large Governor's, with term to expire on July 26, 1994:

Mr. Henry D. McMaster, Post Office Box 7337, Columbia, S.C. 29202 VICE Roger Henderson

Appointment, Member, State Development Board, with term to expire on May 21, 1996:

14th Judicial Circuit:

Mr. James R. Rhodes, Jr., Post Office Box 880, Ridgeland, South Carolina 29936

Reappointment, Member, Prisoner of War Commission, with term to expire on July 1, 1995:

1st Congressional District:

General Jacob Edward Smart, Post Office Drawer Y, Ridgeland, South Carolina 29936

Reappointment, Member, Berkeley County Board of Voter Registration, At-Large, with term to expire on March 15, 1992:

Mr. Harold President, Route 1, Box 2105, Cross, South Carolina 29436

Reappointment, Member, Berkeley County Board of Voter Registration, At-Large, with term to expire on March 15, 1992:

Mr. John L. Pack, Post Office Box 427, St. Stephen, South Carolina 29479

Appointment, Member, Lee County Board of Voter Registration, At-Large, with term to expire on March 15, 1992:

Mr. Hubert K. Boatwright, 113 Harlem Street, Bishopville, South Carolina 29010 VICE A. McCoy Brown (deceased)

Reappointment, Member, Berkeley County Board of Voter Registration, At-Large, with term to expire on March 15, 1992:

Ms. Mulloy F. Christopher, 101 Foxborough Road, Goose Creek, South Carolina 29445

At 6:20 P.M., on motion of Senator LOURIE, the Senate adjourned to meet tomorrow at 11:00 A.M.

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