Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 11:00 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, let us join our minds as we hear the words of the Psalmist in Psalm 123 (v.1):

"To You I lift up my eyes, O You

who are enthroned in the heavens!

As the eyes of servants look to the

hand of their master,

As the eyes of a maid to

the hand of her mistress,

So our eyes look to the Lord our God,

Until He has mercy upon us."
Let us pray.

O Lord, God Eternal, in a day when sometimes it seems to us, that our world is slipping out of control, we pray that this prayer period, each day, may create a quiet sanctuary in which we may share a bond of spiritual insight, and a sense of renewed dedication.

May our separate faiths, enshrined by Your Spirit, combine as a spiritual force, as we pause to worship together before, together, we begin our work.

In the Holy Name we pray.

Amen.

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

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

Alexander                 Bryan                     Cork
Courson                   Courtney                  Drummond
Elliott                   Ford                      Giese
Glover                    Hayes                     Holland
Jackson                   Leatherman                Leventis
Martin                    Matthews                  McGill
Mescher                   Moore                     O'Dell
Passailaigue              Patterson                 Peeler
Rankin                    Reese                     Richter
Rose                      Russell                   Ryberg
Saleeby                   Setzler                   Short
Smith, G.                 Smith, J.V.               Stilwell
Thomas                    Waldrep                   Washington
Williams                  Wilson                    

A quorum being present, the Senate resumed.

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

February 16, 1995
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,
David M. Beasley

Reappointment, Darlington County Magistrate, with term to commence April 30, 1995, and to expire April 30, 1999:

The Honorable Glynn Benfield Atkinson, 4522 Blitsgel Drive, Florence, S.C. 29501

Received as information.

February 24, 1995
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,
David M. Beasley

Reappointment, South Carolina Arts Commission, with term to commence June 30, 1993, and to expire June 30, 1996:

At-Large:

Mr. Carl R. Blair, #2 Oakleaf Drive, Greenville, S.C. 29609

Referred to the General Committee.

Initial Appointment, South Carolina Foster Care Review Board, with term to commence June 30, 1994, and to expire June 30, 1998:

4th Congressional District:

Ms. Mary Lynn Melton, 470 Carolina Drive, Spartanburg, S.C. 29306-4538 VICE Carolyn M. Lee (resigned)

Referred to the General Committee.

February 27, 1995
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,
David M. Beasley

Reappointment, Commission on Consumer Affairs, with term to commence September 1, 1994, and to expire September 1, 1998:

At-Large:

Ms. DeAnna S. Trout, P.O. Box 995, Moncks Corner, S.C. 29461

Referred to the Committee on Banking and Insurance.

February 28, 1995
Mr. President and Members of the Senate:

I respectfully request withdrawal from your consideration the appointments below:

Respectfully,
David M. Beasley

Initial Appointment, Juvenile Parole Board, with term to commence September 30, 1991, and to expire September 30, 1995:

At-Large:

Mrs. Sondra L. Campbell, 2312 Discher Street, Charleston, S.C. 29405 VICE Herbert J. Walton (resigned)

Referred to the Committee on Corrections and Penology.

Initial Appointment, Juvenile Parole Board, with term to commence September 30, 1994, and to expire June 30, 1998:

3rd Congressional District:

Randall T. Ruble, Ph.D., P.O. Box 172, Due West, S.C. 29639 VICE Marlene McClain

Referred to the Committee on Corrections and Penology.

February 28, 1995
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,
David M. Beasley

Initial Appointment, State Board of Barber Examiners, with term to commence June 30, 1994, and to expire June 30, 1998:

Mr. Napoleon Rogers, P.O. Box 451, Hartsville, S.C. 29551 VICE Thelma J. Robinson (resigned)

Referred to the General Committee.

At 11:16 A.M., Senator MOORE asked unanimous consent to make a motion to invite the House of Representatives to attend the Senate Chamber for the purpose of ratifying acts at 11:30 A.M.

There was no objection and a message was sent to the House accordingly.

Senator GIESE introduced Dr. M.F. McFarland of Columbia, S.C., Doctor of the Day.

At 11:00 A.M., the leave of absence granted to Senator RICHTER for today was rescinded.

Senator LEVENTIS rose to a Point of Personal Interest.

H. 3650 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION - LICENSING BOARD FOR CONTRACTORS, RELATING TO DEFINITION OF ROOFING CLASSIFICATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 1747, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Senator LEATHERMAN asked unanimous consent to make a motion to recall the Resolution from the Committee on Labor, Commerce and Industry.

There was no objection.

On motion of Senator LEATHERMAN, with unanimous consent, the Resolution was ordered placed on the Calendar without reference.

S. 217 -- Senators Glover and Washington: A BILL TO AMEND SECTION 53-5-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LEGAL HOLIDAYS, SO AS TO REQUIRE THE FEDERAL HOLIDAY CELEBRATING MARTIN LUTHER KING, JR.'S BIRTHDAY AS A REQUIRED STATE HOLIDAY.

Senator COURSON asked unanimous consent to make a motion to recall the Bill from the Committee on Invitations.

There was no objection.

On motion of Senator COURSON, with unanimous consent, the Bill was committed to the Committee on Finance.

H. 3593 -- Rep. McMahand: A JOINT RESOLUTION TO DIRECT THE DEPARTMENT OF TRANSPORTATION TO INSTALL AN ELECTRONIC TRAFFIC SIGNAL AT THE INTERSECTION OF SOUTH CAROLINA ROUTE 20 AND LENHARDT ROAD IN GREENVILLE COUNTY.

Senator J. VERNE SMITH asked unanimous consent to make a motion to recall the Resolution from Legislative Council.

There was no objection.

The Senate proceeded to a consideration of the Resolution. The question being reconsideration of third reading of the Resolution.

Third reading of the Resolution was reconsidered and the Resolution was ordered placed on the third reading Calendar.

Pursuant to an invitation the Honorable Speaker and House of Representatives appeared in the Senate Chamber at 11:30 A.M. and the following Acts and Joint Resolutions were ratified:

(R1) S. 45 -- Senator Greg Smith: AN ACT TO AMEND SECTION 54-15-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMMISSIONERS OF PILOTAGE FOR THE PORTS OF GEORGETOWN, LITTLE RIVER, AND PORT ROYAL, SO AS TO PROVIDE FOR TERMS OF THE MEMBERS OF THE GEORGETOWN PILOTAGE COMMISSION BEGINNING FEBRUARY 1, 1995.

(R2) S. 278 -- Senators Mescher and Rose: AN ACT TO AMEND ACT 1093 OF 1966, RELATING TO THE GOOSE CREEK PARK AND PLAYGROUND COMMISSION, SO AS TO CHANGE THE NAME OF THE COMMISSION TO THE GOOSE CREEK RECREATION COMMISSION.

(R3) S. 334 -- Senators McGill, Glover and Leatherman: AN ACT TO AMEND ARTICLE 1, CHAPTER 31, TITLE 33, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NONPROFIT CORPORATIONS LOCATED IN FLORENCE COUNTY, SO AS TO AUTHORIZE THE FORMER BOARD OF DIRECTORS OF A DISSOLVED NONPROFIT CORPORATION OR ELEEMOSYNARY ORGANIZATION TO DISTRIBUTE THE REMAINING ASSETS OF THE ORGANIZATION AND TO PROVIDE THAT EFFECTIVE TWO YEARS AFTER THE EFFECTIVE DATE OF THIS ACT, IF SUCH DISTRIBUTION IS NOT ACCOMPLISHED WITHIN FIVE YEARS OF DISSOLUTION, THE REMAINING ASSETS ESCHEAT TO THE STATE.

(R4) S. 351 -- Senators Giese, Passailaigue, Glover, Bryan, Lander, Reese, Rose, Russell and J. Verne Smith: AN ACT TO AMEND SECTION 43-21-180, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ELDERCARE TRUST FUND MONIES AND DISBURSEMENTS, SO AS TO MAKE ALL ASSETS OF THE FUND AVAILABLE FOR DISBURSEMENT UP TO TWO HUNDRED THOUSAND DOLLARS AFTER ALLOWANCES FOR OPERATING EXPENSES RATHER THAN ONLY SEVENTY-FIVE PERCENT OF THE FUNDS AND TO DEPOSIT FUNDS IN EXCESS OF TWO HUNDRED THOUSAND DOLLARS IN A SEPARATE ACCOUNT UNTIL FIVE MILLION DOLLARS ACCRUES; AND TO PROVIDE THAT ANY ASSETS HELD IN THE FUND UNDER THE FORMER PROVISIONS OF SECTION 43-21-180 MUST BE RELEASED AND DISBURSED IN ACCORDANCE WITH THIS SECTION.

(R5) S. 381 -- Senators McConnell, Passailaigue, Richter, Reese, Washington, Ford and Rose: AN ACT TO AMEND ACT 340 OF 1967, AS AMENDED, RELATING TO THE CHARLESTON COUNTY SCHOOL DISTRICT, SO AS TO REVISE THE MANNER IN WHICH CERTAIN VACANCIES ARE FILLED.

(R6) S. 385 -- Senator Alexander: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY OF AUGUST 19, 1994, MISSED BY THE STUDENTS OF SCHOOLS IN THE OCONEE COUNTY SCHOOL DISTRICT WHEN THESE SCHOOLS WERE CLOSED DUE TO WATER CONTAMINATION BROUGHT ABOUT BY HEAVY RAINS AND FLOODING OF THE WATER SUPPLY, AS DECLARED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, IS EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.

(R7) S. 414 -- Senator Peeler: A JOINT RESOLUTION REQUIRING THE DEPARTMENT OF REVENUE AND TAXATION TO REGISTER, COLLECT THE BIENNIAL REGISTRATION FEE, AND NOT TO ISSUE IDENTIFICATION MARKERS OR REGISTRATION CARDS TO MOTOR CARRIERS AND SUSPENDING THE PENALTY FOR THE OPERATION OF A MOTOR CARRIER OR VEHICLE WHICH HAS A FADED, EXPIRED, OR MISSING MARKER FROM APRIL 1, 1995, THROUGH SEPTEMBER 3, 1996.

(R8) S. 422 -- Senator Setzler: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAYS OF DECEMBER 15 AND 16, 1994, MISSED BY THE STUDENTS OF BUSBEE MIDDLE SCHOOL OF LEXINGTON COUNTY SCHOOL DISTRICT TWO IN LEXINGTON COUNTY WHEN THE SCHOOL WAS CLOSED DUE TO AIR QUALITY PROBLEMS ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.

(R9) S. 442 -- Senators Rose and Mescher: AN ACT TO AMEND SECTION 58-31-330, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY TO PROVIDE ELECTRIC POWER SERVICE IN BERKELEY COUNTY, SO AS TO REVISE THE NUMBER OF THE AUTHORITY DRAWING MAP WHICH IS REQUIRED TO BE FILED AS PROVIDED IN SECTION 58-31-340.

(R10) S. 446 -- Senator Bryan: A JOINT RESOLUTION TO EXEMPT THE SUPERINTENDENT OF LAURENS COUNTY SCHOOL DISTRICT 56 FROM THE MINIMUM SALARY REQUIREMENT OF THE EDUCATION FINANCE ACT WHILE THIS SUPERINTENDENT IS A REEMPLOYED RETIREE RECEIVING BENEFITS UNDER THE SOUTH CAROLINA RETIREMENT SYSTEM.

(R11) S. 474 -- Senator Holland: AN ACT TO DIRECT THE DEPARTMENT OF TRANSPORTATION TO REMOVE FROM THE STATE HIGHWAY SYSTEM A PORTION OF SECONDARY ROAD S28-539 IN KERSHAW COUNTY.

(R12) H. 3206 -- Reps. P. Harris, Waldrop, Neilson, Baxley, J. Brown, Inabinett, Kelley, Rhoad, Shissias, Wilkes and Chamblee: A JOINT RESOLUTION TO DIRECT THE DIVISION ON AGING, OFFICE OF THE GOVERNOR, TO PROVIDE INFORMATION TO MEMBERS OF THE GENERAL ASSEMBLY ON THE WHITE HOUSE CONFERENCE ON AGING AND THE GOVERNOR'S CONFERENCE ON AGING, BOTH TO BE HELD IN 1995, AND TO PROVIDE THE MEMBERS' RECOMMENDATIONS FROM THESE CONFERENCES FOR THE MEMBERS' USE IN DEVELOPING AGING POLICY AND LEGISLATION.

(R13) H. 3217 -- Reps. Neilson, Hines and Baxley: AN ACT TO AMEND SECTION 7-7-210, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN DARLINGTON COUNTY, SO AS TO DELETE THE PHILADELPHIA PRECINCT AND REVISE THE MAP DOCUMENT NUMBER ON WHICH SUCH PRECINCTS ARE SHOWN.

(R14) H. 3218 -- Rep. Askins: AN ACT TO AUTHORIZE THE FORMER BOARD OF DIRECTORS OF A DISSOLVED NONPROFIT CORPORATION OR ELEEMOSYNARY ORGANIZATION LOCATED IN FLORENCE COUNTY TO DISTRIBUTE THE REMAINING ASSETS OF THE ORGANIZATION; AND TO DELAY THE EFFECTIVE DATE BY TWO YEARS FOR CERTAIN PROVISIONS OF THIS ACT.

(R15) H. 3366 -- Reps. Meacham, Kirsh, Simrill, Moody-Lawrence, Delleney and McCraw: AN ACT TO CREATE THE REGISTRATION AND ELECTIONS COMMISSION FOR YORK COUNTY AND TO ABOLISH THE YORK COUNTY ELECTION COMMISSION AND THE BOARD OF REGISTRATION OF YORK COUNTY AND DEVOLVE THEIR POWERS AND DUTIES UPON THE REGISTRATION AND ELECTIONS COMMISSION.

(R16) H. 3370 -- Rep. Askins: AN ACT TO AMEND ACT 250 OF 1991, RELATING TO ELECTIONS FOR MEMBERS OF THE BOARD OF TRUSTEES FOR FLORENCE COUNTY SCHOOL DISTRICT 5, SO AS TO PROVIDE THAT THE BOARD RATHER THAN THE COMMISSIONERS OF ELECTION FOR FLORENCE COUNTY SHALL CONDUCT THE ELECTIONS AND TO PROVIDE THAT ANY MEMBER OF THE BOARD MUST RECUSE HIMSELF INVOLVING MATTERS PERTAINING TO HIS ELECTION.

(R17) H. 3507 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO CRITERIA FOR THE PROMOTION OF STUDENTS TO THE NEXT HIGHER GRADE, DESIGNATED AS REGULATION DOCUMENT NUMBER 1741, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

(R18) H. 3508 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO GRADUATION REQUIREMENTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1742, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

(R19) H. 3511 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COASTAL CAROLINA UNIVERSITY, RELATING TO PARKING AND TRAFFIC ON THE CAMPUS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1794, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

(R20) H. 3528 -- Reps. Wells, Allison, Littlejohn, Lanford, Beatty, Wilder, Walker, Vaughn, Davenport and D. Smith: AN ACT TO AMEND ACT 36 OF 1967, AS AMENDED, RELATING TO THE SPARTANBURG COUNTY COMMISSION FOR HIGHER EDUCATION, SO AS TO PROVIDE FOR ONE ADDITIONAL MEMBER OF THE COMMISSION FROM GREENVILLE COUNTY, AND ONE ADDITIONAL MEMBER FROM CHEROKEE COUNTY AND TO PROVIDE FOR THE MANNER IN WHICH THESE MEMBERS SHALL BE APPOINTED.

The following were introduced:

S. 594 -- Senators Russell, Courtney and Reese: A SENATE RESOLUTION TO RECOGNIZE AND COMMEND MR. JERRY RICHARDSON, CHAIRMAN OF FLAGSTAR COMPANIES, INC., FOR HIS EXTRAORDINARY CONTRIBUTIONS AND LOYALTY TO THE CITY OF SPARTANBURG AND THE STATE OF SOUTH CAROLINA.

The Senate Resolution was adopted.

S. 595 -- Senators Lander, Matthews, Setzler and Giese: A BILL TO AMEND SECTION 59-30-15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TESTING ARRANGEMENTS ON THE EXIT EXAMINATION FOR STUDENTS WITH LEARNING DISABILITIES, SO AS TO PROVIDE THAT STUDENTS WITH DISCALCULIA, AND WITH OTHER DOCUMENTED LEARNING DISABILITIES IN MATHEMATICS AS STIPULATED BY REGULATION OF THE STATE BOARD OF EDUCATION, MAY USE A CALCULATOR ON THE MATH PORTIONS OF THE EXIT EXAMINATION.

Read the first time and referred to the Committee on Education.

S. 596 -- Senator Greg Smith: A BILL TO AMEND SECTION 50-18-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PRODUCTION AND SALE OF HYBRID STRIPED BASS, SO AS TO FURTHER DEFINE THE PROCESS FOR PERMIT RENEWAL.

Read the first time and referred to the Committee on Fish, Game and Forestry.

S. 597 -- Senator Greg Smith: A BILL TO AMEND SECTION 50-18-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HYBRID STRIPED BASS, SO AS TO CHANGE THE DEFINITION OF PROCESSOR.

Read the first time and referred to the Committee on Fish, Game and Forestry.

S. 598 -- Senator Bryan: A BILL TO AMEND SECTION 40-15-190, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISCIPLINARY GROUNDS, SO AS TO AUTHORIZE THE STATE BOARD OF DENTISTRY UNDER CERTAIN CIRCUMSTANCES TO REQUIRE MENTAL OR PHYSICAL EXAMINATIONS AND ACCESS TO RECORDS AND TO USE THEM IN PROCEEDINGS AND TO PROVIDE PENALTIES FOR REFUSAL TO CONSENT TO THESE EXAMINATIONS AND ACCESS TO RECORDS.

Read the first time and referred to the Committee on Medical Affairs.

S. 599 -- Senator Thomas: A BILL TO AMEND SECTION 43-33-330, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BOARD OF THE SOUTH CAROLINA PROTECTION AND ADVOCACY SYSTEM FOR THE HANDICAPPED, INC., SO AS TO AUTHORIZE THE BOARD TO CHANGE ITS CORPORATE NAME IN THE SAME MANNER AS ANY OTHER NONPROFIT CORPORATION AND TO PROVIDE THAT THE POWERS AND DUTIES OF THE SYSTEM ARE CONSIDERED THE POWERS AND DUTIES OF A SUCCESSOR CORPORATION.

Read the first time and referred to the General Committee.

S. 600 -- Senator Bryan: A BILL TO AMEND SECTION 62-3-1203(b), CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SUMMARY ADMINISTRATIVE PROCEDURE UNDER THE SOUTH CAROLINA PROBATE CODE, SO AS TO CLARIFY THAT NO INVENTORY AND APPRAISAL IS REQUIRED WHEN THE APPOINTED PERSONAL REPRESENTATIVE IS THE SOLE DEVISEE OR SOLE HEIR OF AN ESTATE.

Read the first time and referred to the Committee on Judiciary.

S. 601 -- Senator Bryan: A BILL TO AMEND SECTION 2-19-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CREATION, MEMBERSHIP, MEETINGS, AND OFFICERS OF THE JOINT COMMITTEE TO REVIEW CANDIDATES FOR OFFICES ELECTED BY THE GENERAL ASSEMBLY, SO AS TO INCREASE THE MEMBERSHIP OF THE JOINT COMMITTEE FOR THE PURPOSE OF SCREENING JUDICIAL CANDIDATES; AND TO AMEND SECTION 2-19-80, RELATING TO REOPENING OF FILING WHERE AN INCUMBENT JUDGE WITHDRAWS, DIES, OR IS FOUND NOT QUALIFIED, SO AS TO ADD A REFERENCE TO ADMINISTRATIVE LAW JUDGES.

Read the first time and referred to the Committee on Judiciary.

S. 602 -- Senators Short, Jackson, Gregory and Giese: A BILL TO AMEND SECTION 34-29-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RECORDS AND REPORTS OF RESTRICTED LENDERS, BY ADDING INFORMATION REQUIRED TO BE REPORTED IN THE ANNUAL REPORT MADE BY RESTRICTED LENDERS; TO AMEND SECTION 34-29-140 OF THE 1976 CODE, RELATING TO CHARGES PERMITTED TO RESTRICTED LENDERS, SO AS TO REVISE THE FINANCE CHARGES AND TO PROVIDE LIMITATIONS ON LOAN RENEWALS; TO AMEND SECTION 37-1-301 OF THE 1976 CODE, RELATING TO DEFINITIONS UNDER THE CONSUMER PROTECTION CODE, SO AS TO ADD A DEFINITION FOR "DEBT COLLECTOR"; TO AMEND SECTION 37-1-303 OF THE 1976 CODE, RELATING TO THE INDEX OF DEFINITIONS IN TITLE 37, SO AS TO ADD "DEBT COLLECTOR"; TO AMEND SECTION 37-3-201 OF THE 1976 CODE, RELATING TO LOAN FINANCE CHARGES FOR SUPERVISED LOANS, SO AS TO PROVIDE THAT SUPERVISED LOANS NOT EXCEEDING SIX HUNDRED DOLLARS SHALL BE MADE IN ACCORDANCE WITH SECTION 34-29-140 RELATING TO FINANCE CHARGES FOR RESTRICTED LOANS; TO AMEND SECTION 37-3-305 OF THE 1976 CODE, RELATING TO THE POSTING AND FILING OF MAXIMUM RATE SCHEDULES BY SUPERVISED LENDERS, SO AS TO PROVIDE THAT FOR LOANS NOT EXCEEDING SIX HUNDRED DOLLARS, A RATE MAY NOT BE POSTED WHICH EXCEEDS THE CHARGES IMPOSED IN SECTION 34-29-140; TO AMEND SECTION 37-3-505 OF THE 1976 CODE, RELATING TO RECORDS AND ANNUAL REPORTS FOR SUPERVISED LENDERS, SO AS TO ADD INFORMATION REQUIRED TO BE INCLUDED IN THE ANNUAL REPORT OF SUPERVISED LENDERS; TO AMEND PART 5, CHAPTER 3, TITLE 37 OF THE 1976 CODE, BY ADDING SECTION 37-3-515 SO AS TO PROVIDE A LIMITATION ON LOAN RENEWALS; TO AMEND SECTION 37-5-108 OF THE 1976 CODE, RELATING TO UNCONSCIONABILITY UNDER THE CONSUMER PROTECTION CODE, BY ADDING PARTICULAR CIRCUMSTANCES WHICH CONSTITUTE UNCONSCIONABILITY AND PROVIDING REMEDIES; TO AMEND SECTION 37-6-117 OF THE 1976 CODE, RELATING TO THE ADMINISTRATIVE RESPONSIBILITIES OF THE ADMINISTRATION OF THE DEPARTMENT OF CONSUMER AFFAIRS, SO AS TO REQUIRE THE ADMINISTRATION TO DEVISE A PAMPHLET FOR DISTRIBUTION TO CERTAIN CONSUMERS INFORMING THEM OF THEIR RIGHTS; AND TO AMEND SECTION 37-9-102 OF THE 1976 CODE, RELATING TO THE LICENSURE ELECTION, SO AS TO PROVIDE THAT CERTAIN SUPERVISED LENDERS MAY ELECT TO BE RESTRICTED LENDERS.

Senator SHORT spoke on the Bill.

Read the first time and ordered placed on the Calendar without reference.

S. 603 -- Senators Courson and Wilson: A SENATE RESOLUTION CONGRATULATING SENATOR STROM THURMOND ON HIS ELECTION AS PRESIDENT PRO TEMPORE OF THE UNITED STATES SENATE AND EXTENDING TO HIM BEST WISHES AS HE EMBARKS ON THIS NEW SERVICE.

Whereas, the members of the Senate were pleased to note that South Carolina's senior United States Senator, Strom Thurmond, has been elected President Pro Tempore of the United States Senate; and

Whereas, this office by tradition goes to the longest serving senator in the majority party in the Senate, an office which Senator Thurmond has assumed by virtue of the new Republican majority in the Senate; and

Whereas, his assuming this office is doubly memorable in that Senator Thurmond served as President Pro Tempore from 1981 through 1987, the last years in which Republicans held a majority in the United States Senate; and

Whereas, this office gives our senior senator an even larger stage on which to represent the citizens of our State in a career of public service unparalleled in recent history. Now, therefore,

Be it resolved by the Senate:

That the members of the South Carolina Senate, by this resolution, congratulate Senator Strom Thurmond on his election as President Pro Tempore of the United States Senate and extend to him best wishes as he embarks on this new service.

Be it further resolved that a copy of this resolution be forwarded to The Honorable Strom Thurmond.

The Senate Resolution was adopted.

H. 3645 -- Rep. J. Harris: A CONCURRENT RESOLUTION TO INVITE THE WINNERS OF THE 1995 SOUTH CAROLINA FOLK HERITAGE AWARDS AND THE MEMBERS OF THE 1995 SOUTH CAROLINA FOLK HERITAGE AWARDS ADVISORY COMMITTEE TO ATTEND A JOINT SESSION OF THE HOUSE OF REPRESENTATIVES AND THE SENATE IN THE HALL OF THE HOUSE OF REPRESENTATIVES ON WEDNESDAY, APRIL 19, 1995, AT 12:00 NOON, AND TO RECOGNIZE AND COMMEND THE 1995 SOUTH CAROLINA FOLK HERITAGE AWARD WINNERS FOR THEIR OUTSTANDING CONTRIBUTIONS TO FOLK ART IN SOUTH CAROLINA.

Whereas, in 1987 the General Assembly created the South Carolina Folk Heritage Award, to be presented each year by the General Assembly to South Carolina folk artists who have used their lives to create beauty and meaning for their communities and for their State in ways that are significant because their work has lasted, often for hundreds of years; and

Whereas, the winners of the 1995 South Carolina Folk Heritage Awards are citizens who have maintained and enriched the lives of all persons of their communities and of the State through their unique talents and through their substantial contributions to the traditional heritage of South Carolina; and

Whereas, the 1995 South Carolina Folk Heritage Awards Advisory Committee has performed its duties admirably. Now, therefore,

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

That the members of the General Assembly invite the winners of the 1995 South Carolina Folk Heritage Awards and the members of the 1995 South Carolina Folk Heritage Awards Advisory Committee to attend a joint session of the House of Representatives and the Senate in the Hall of the House of Representatives at 12:00 noon on Wednesday, April 19, 1995, and that the members of the General Assembly recognize and commend the 1995 South Carolina Folk Heritage Award winners for their outstanding contributions to folk art in South Carolina.

Referred to the Committee on Invitations.

H. 3697 -- Reps. Scott, Neal, Cotty, Byrd, Shissias, Cromer, Rogers, Harrison, Howard and J. Brown: A CONCURRENT RESOLUTION TO CONGRATULATE THE PROGRESSIVE CHURCH OF OUR LORD JESUS CHRIST LOCATED IN LUGOFF ON ITS FORTIETH ANNIVERSARY AND HONOR THE MEMORY OF ITS ORGANIZER, SISTER MABLE SCOTT-ETHERIDGE.

The Concurrent Resolution was adopted, ordered returned to the House.

H. 3698 -- Reps. D. Smith, Lanford, Wells, Littlejohn, Allison, Beatty, Davenport and Wilder: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND MR. JERRY RICHARDSON, CHAIRMAN OF FLAGSTAR COMPANIES, INC., FOR HIS EXTRAORDINARY CONTRIBUTIONS AND LOYALTY TO THE CITY OF SPARTANBURG AND THE STATE OF SOUTH CAROLINA.

The Concurrent Resolution was adopted, ordered returned to the House.

H. 3699 -- Reps. P. Harris and Tucker: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF C. F. "FROG" REAMES OF ANDERSON COUNTY AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

The Concurrent Resolution was adopted, ordered returned to the House.

H. 3700 -- Reps. Harrison and Wilkins: A CONCURRENT RESOLUTION TO INVITE THE CHIEF JUSTICE OF THE SOUTH CAROLINA SUPREME COURT, THE HONORABLE ERNEST A. FINNEY, JR., TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION ON THE STATE OF THE JUDICIARY AT 12:30 P.M. ON TUESDAY, MARCH 14, 1995.

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

That the Chief Justice of the South Carolina Supreme Court, the Honorable Ernest A. Finney, Jr., is invited to address the General Assembly in Joint Session on the State of the Judiciary in the Hall of the House of Representatives at 12:30 p.m. on Tuesday, March 14, 1995.

Be it further resolved that pursuant to H.3612, Chief Justice Finney was scheduled to address the General Assembly in Joint Session on the State of the Judiciary at 12:00 noon on Wednesday, March 1, 1995, but that due to unforeseen circumstances, it is not now possible to have the address at this time and the General Assembly has therefore determined to adopt the provisions of this resolution to reschedule the date of this address.

Be it further resolved that a copy of this resolution be forwarded to Chief Justice Finney.

Referred to the Committee on Invitations.

H. 3719 -- Rep. Anderson: A CONCURRENT RESOLUTION CONGRATULATING THE REVEREND OLIVER T. HILL OF GREENVILLE COUNTY ON HIS SILVER ANNIVERSARY AS A MINISTER OF THE GOSPEL, AND COMMENDING THIS GREAT LEADER FOR HIS DEDICATION AND OUTSTANDING SERVICE TO HUMANITY.

The Concurrent Resolution was adopted, ordered returned to the House.

H. 3722 -- Reps. Stuart, Wright, Riser, Koon, Gamble and Spearman: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND THE MEALS ON WHEELS VOLUNTEERS OF THE LEXINGTON COUNTY RECREATION AND AGING COMMISSION FOR THE MANY TIRELESS HOURS DEVOTED TO SERVING MEALS TO THE ELDERLY AND DISABLED RESIDENTS OF LEXINGTON COUNTY.

The Concurrent Resolution was adopted, ordered returned to the House.

H. 3534 -- Reps. Wilkins, Tripp, Knotts, Whatley, Harrell, Wofford, A. Young, Hutson, Sandifer, Walker, Littlejohn, Herdklotz, Jaskwhich, Meacham, Fleming, Cain, Kelley, Simrill, Law, Mason, Jennings, Kennedy, Cato, Rice, Klauber, Stuart, Gamble, J. Young, Cotty, Shissias, Haskins, Harrison, Riser, Huff, Robinson, Marchbanks, H. Brown, Witherspoon, Baxley, Lanford, Waldrop and Easterday: A BILL TO AMEND TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAXATION, BY ADDING CHAPTER 10 ENACTING THE ENTERPRISE ZONE ACT OF 1995 SO AS TO PROVIDE FOR THE ESTABLISHMENT OF ENTERPRISE ZONES IN WHICH VARIOUS TAX INCENTIVES MAY APPLY FOR BUSINESSES, TO PROVIDE THE CRITERIA FOR AREAS TO QUALIFY AS ENTERPRISE ZONES, TO PROVIDE THAT BUSINESSES QUALIFY FOR ENTERPRISE ZONE INCENTIVES BY MEANS OF ENTERING INTO A REVITALIZATION AGREEMENT WITH THE COORDINATING COUNCIL FOR ECONOMIC DEVELOPMENT, TO PROVIDE INCENTIVES, DEPENDING ON ELIGIBILITY, THAT INCLUDE THE MAXIMUM CREDIT ALLOWED UNDER THE TARGETED JOBS TAX CREDIT AND AN ADDITIONAL CREDIT FOR EMPLOYEES FORMERLY RECEIVING AFDC, FEE IN LIEU OF TAXES FOR PROPERTY TAXES, RETAINING AN AMOUNT OF EMPLOYEE WAGES NOT TO EXCEED FIVE PERCENT FOR FIFTEEN YEARS FOR DEVELOPMENT EXPENSES AND ALLOWING INDIVIDUAL INCOME TAX CREDITS FOR EMPLOYEES AND WITHHOLDING TAX CREDITS FOR EMPLOYERS AND EMPLOYEES EQUAL TO THE RETAINED AMOUNT, AND TO PROVIDE THE CRITERIA FOR SELECTING OF QUALIFYING BUSINESSES AND PROJECTS.

Read the first time and referred to the Committee on Finance.

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

S. 98 -- Senators Washington, Leventis, Rose, Wilson, Elliott and O'Dell: A BILL TO AMEND SECTION 59-19-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO POWERS AND DUTIES OF SCHOOL BOARDS OF TRUSTEES, SO AS TO AUTHORIZE A BOARD TO PROMULGATE REGULATIONS ESTABLISHING A SCHOOL UNIFORM OR UNIFORM DRESS CODE POLICY WITHIN ITS DISTRICT.

Ordered for consideration tomorrow.

Senator LEVENTIS from the Committee on Agriculture and Natural Resources submitted a favorable report on:

H. 3073 -- Reps. Kirsh and Stille: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 47-19-25 SO AS TO PROVIDE FOR VOLUNTARY INSPECTION OF CERTAIN BIRDS BY THE LIVESTOCK-POULTRY HEALTH COMMISSION.

Ordered for consideration tomorrow.

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

H. 3509 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO BASIC SKILLS ASSESSMENT PROGRAM - WRITING TEST: MINIMUM STANDARDS OF STUDENT ACHIEVEMENT; SCORING CRITERIA, DESIGNATED AS REGULATION DOCUMENT NUMBER 1753, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Ordered for consideration tomorrow.

S. 592 -- Senator Moore: A CONCURRENT RESOLUTION TO COMMEND THE GRANITEVILLE COMPANY UPON THE OCCASION OF ITS ONE HUNDRED AND FIFTIETH ANNIVERSARY AND TO EXPRESS THE APPRECIATION OF THE GENERAL ASSEMBLY FOR THE COMPANY'S MANY CONTRIBUTIONS TO AIKEN COUNTY AND TO THE STATE OF SOUTH CAROLINA.

Returned with concurrence.

Received as information.

S. 365 -- Senators Setzler, Stilwell, Cork, Moore, Lander, Courson and Leventis: A BILL TO AMEND SECTION 59-103-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE COMMISSION ON HIGHER EDUCATION, SO AS TO REVISE THE MEMBERSHIP OF THE COMMISSION AND THE MANNER IN WHICH THE CHAIRMAN IS SELECTED; TO AMEND SECTION 59-103-60, RELATING TO RECOMMENDATIONS OF THE COMMISSION ON HIGHER EDUCATION TO THE BUDGET AND CONTROL BOARD AND THE GENERAL ASSEMBLY, SO AS TO INCLUDE THE GOVERNOR'S OFFICE AS A RECIPIENT OF SUCH RECOMMENDATIONS AND DELETE THE BUDGET AND CONTROL BOARD AND PROVIDE THAT THE HOUSE WAYS AND MEANS COMMITTEE AND THE SENATE FINANCE COMMITTEE AS WELL AS THE BUDGET AND CONTROL BOARD MAY REFER TO THE COMMISSION CERTAIN REQUESTS OF INSTITUTIONS OF HIGHER LEARNING; AND TO AMEND SECTION 59-103-90, RELATING TO THE PROFESSIONAL STAFF OF THE COMMISSION, SO AS TO PROVIDE THAT THE EXECUTIVE DIRECTOR SHALL BE APPOINTED BY THE COMMISSION TO SERVE AT ITS PLEASURE WITH NO GRIEVANCE RIGHTS, AND TO PROVIDE THAT THE OTHER PROFESSIONAL STAFF COMPLEMENT OF THE COMMISSION SHALL BE ESTABLISHED BY THE EXECUTIVE DIRECTOR RATHER THAN THE COMMISSION.

Senator SETZLER asked unanimous consent to make a motion to place the Bill in the status of Adjourned Debate.

There was no objection.

The Bill was placed in the status of Adjourned Debate.

The following Bill was read the third time and having received three readings in both Houses, it was ordered that the title be changed to that of an Act and enrolled for Ratification:

H. 3603 -- Reps. Wright and Riser: A BILL TO AMEND ACT 387 OF 1963, AS AMENDED, RELATING TO THE IRMO FIRE DISTRICT, SO AS TO DELETE THE REQUIREMENT TO HAVE ONLY VOLUNTEER FIREMEN WORK FOR THE DISTRICT, AND DELETE THE AUTHORITY FOR A FIVE MILL TAX LEVY FOR THE DISTRICT AND AUTHORIZE A TAX EQUAL TO THE AMOUNT LEVIED BY LEXINGTON COUNTY FOR COUNTYWIDE FIRE PROTECTION BE LEVIED FOR THE BENEFIT OF THE DISTRICT.

The following House Bill was read the third time and ordered returned to the House with amendments:

H. 3205 -- Reps. Stuart, Riser and Koon: A BILL TO PROVIDE THAT BEGINNING WITH THE 1996 ELECTION, MEMBERS OF THE BOARD OF TRUSTEES OF LEXINGTON COUNTY SCHOOL DISTRICT 1 MUST BE RESIDENTS OF SEVEN DEFINED ELECTION DISTRICTS AND ELECTED FROM THE SCHOOL DISTRICT AT LARGE, TO PROVIDE FOR A SPECIAL ELECTION IN 1995 FOR THE PURPOSE OF ELECTING CERTAIN MEMBERS OF THE BOARD TO SERVE UNTIL 1996, TO PROVIDE FOR THE MANNER IN WHICH AND PROCEDURES UNDER WHICH THESE ELECTIONS SHALL BE CONDUCTED, AND TO REPEAL ACT 217 OF 1993 RELATING TO THE ELECTION OF SPECIFIED MEMBERS OF THE BOARD.

The following Bills having been read the second time were ordered placed on the third reading Calendar:

H. 3649 -- Reps. Jennings, J. Harris and Kinon: A BILL TO PROVIDE THAT THE BOARDS OF TRUSTEES OF THE SCHOOL ADMINISTRATIVE AREAS OF MARLBORO COUNTY ARE ABOLISHED AND THEIR POWERS AND DUTIES DEVOLVED UPON THE MARLBORO COUNTY BOARD OF EDUCATION, AND TO PROVIDE THAT THE ABOVE PROVISIONS SHALL NOT BE DEEMED TO ABOLISH THE ADMINISTRATIVE AREAS THEMSELVES.

On motion of Senator ELLIOTT, H. 3649 was ordered to receive a third reading on Friday, March 3, 1995.

S. 585 -- Senator Reese: A BILL TO AMEND ACT 813 OF 1946, AS AMENDED, RELATING TO THE CREATION OF THE SPARTANBURG MEMORIAL AUDITORIUM COMMISSION, SO AS TO CHANGE THE COMPOSITION OF THE COMMISSION.

On motion of Senator COURTNEY, S. 585 was ordered to receive a third reading on Friday, March 3, 1995.

S. 591 -- Senators Reese, Courtney and Russell: A CONCURRENT RESOLUTION TO COMMEND DR. G. B. HODGE OF SPARTANBURG FOR HIS TWENTY-EIGHT YEARS OF DEVOTED SERVICE TO THE UNIVERSITY OF SOUTH CAROLINA-SPARTANBURG, UPON HIS RESIGNATION AS CHAIRMAN OF THE SPARTANBURG COUNTY COMMISSION FOR HIGHER EDUCATION, AND TO DESIGNATE DR. HODGE AS CHAIRMAN EMERITUS OF THE COMMISSION.

The Concurrent Resolution was adopted, ordered sent to the House.

Having received a favorable report from the Darlington County Delegation, the following appointment was confirmed in open session:

Reappointment, Darlington County Magistrate, with term to commence April 30, 1995, and to expire April 30, 1999:

The Honorable Glynn Benfield Atkinson, 4522 Blitsgel Drive, Florence, S.C. 29501

By prior motion of Senator COURTNEY of Thursday, February 9, 1995, the Senate agreed that when the Senate stands adjourned on Thursdays in statewide session, that it stand adjourned to reconvene on Fridays at 11:00 A.M., under the provisions of Rule 1 for the purpose of taking up local matters and uncontested matters which have previously received unanimous consent to be taken up; and that when the Senate stands adjourned on Fridays, that it stand adjourned to reconvene on Tuesdays at 12:00 Noon.

At 12:02 P.M., on motion of Senator WILLIAMS, the Senate adjourned to meet tomorrow at 11:00 A.M. under the provisions of Rule 1 for the purpose of taking up local matters and uncontested matters which have previously received unanimous consent to be taken up.

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