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On motion of Senator LAND, the Resolution was carried over.

H. 3651 -- Rep. H. Brown: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-11-330 SO AS TO ESTABLISH THE STATE PROPERTY TAX CREDIT FUND AND REQUIRE ANNUAL APPROPRIATIONS TO THE FUND; TO AMEND THE 1976 CODE BY ADDING SECTION 12-37-251 SO AS TO ALLOW A HOMESTEAD EXEMPTION FROM PROPERTY TAXES OTHER THAN THOSE LEVIED FOR BONDED INDEBTEDNESS EQUAL TO TWENTY-EIGHT THOUSAND FIVE HUNDRED DOLLARS OF FAIR MARKET VALUE ESCALATING, DEPENDING ON REVENUES IN THE STATE PROPERTY TAX CREDIT FUND TO A COMPLETE EXEMPTION FROM ALL TAXES EXCEPT THOSE LEVIED FOR BONDED INDEBTEDNESS; TO AMEND THE 1976 CODE BY ADDING SECTION 12-43-217 SO AS TO REQUIRE TRIENNIAL REASSESSMENT; TO AMEND THE 1976 CODE BY ADDING SECTIONS 4-9-142, 5-21-70, 6-1-75, AND 59-73-35 SO AS TO IMPOSE SPENDING LIMITS ON COUNTIES, MUNICIPALITIES, AND SPECIAL PURPOSE DISTRICTS AND IMPOSE AN AD VALOREM TAX REVENUE LIMITATION ON SCHOOL DISTRICTS; TO AMEND THE 1976 CODE BY ADDING SECTION 12-43-350 SO AS TO PROVIDE A STANDARDIZED TAX BILL; AND TO AMEND THE 1976 CODE BY ADDING SECTION 6-1-60 SO AS TO PROVIDE FOR NOTICE REQUIREMENTS FOR LOCAL GOVERNMENT BUDGETING.

The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment (JIC\5990HTC.95) proposed by Senators LEATHERMAN, DRUMMOND, J. VERNE SMITH and JACKSON and previously printed in the Journal of Thursday, May 11, 1995.

On motion of Senator LEATHERMAN, the Bill was carried over.

THE SENATE PROCEEDED TO A CALL OF THE CONTESTED STATEWIDE AND LOCAL CALENDAR.

S. 144 -- Senators McConnell and Rose: A BILL TO AMEND SECTION 7-5-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUTIES AND TERMS OF OFFICE OF BOARDS OF VOTER REGISTRATION, SO AS TO PROVIDE THAT THE BOARD'S OFFICE MAY BE LOCATED AT A PLACE OTHER THAN THE COUNTY SEAT WHEN IT IS NOT POSSIBLE OR PRACTICABLE TO DO SO.

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

On motion of Senator McCONNELL, the Bill was carried over.

S. 760 -- Senator Moore: A BILL TO AMEND SECTION 40-55-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ACTS CONSTITUTING THE PRACTICE OF PSYCHOLOGY, SO AS TO INCLUDE PRACTICING PSYCHOLOGY.

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

On motion of Senator MOORE, the Bill was carried over.

H. 3106 -- Rep. Shissias: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-3005 SO AS TO PROVIDE THAT UPON LICENSING, APPROVAL, OR REGISTRATION A CHILD DAY CARE FACILITY SHALL PROVIDE PROOF OF CONFORMING WITH LOCAL ZONING ORDINANCES; AND TO AMEND SECTION 20-7-3020, RELATING TO REQUIREMENTS FOR ISSUING A PROVISIONAL LICENSE, REGISTRATION, OR APPROVAL, SO AS TO DELETE AN OBSOLETE REFERENCE.

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

On motion of Senator LEATHERMAN, the Bill was carried over.

H. 3652 -- Reps. Keegan, Meacham, A. Young, Cobb-Hunter, Wofford, Bailey, Delleney, Worley, Whatley, Kelley, Thomas, Gamble, Koon, Seithel, Wells, Huff, Witherspoon, Riser, Martin, Spearman, McTeer and Fulmer: A BILL TO AMEND SECTION 22-5-910, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXPUNGEMENT OF A CRIMINAL RECORD, SO AS TO PROHIBIT THE EXPUNGEMENT OF A CRIMINAL RECORD FOR A CRIME CONTAINED IN CHAPTER 25 OF TITLE 16.

The Senate proceeded to a consideration of the Bill. The question being the second reading of the Bill.

On motion of Senator McCONNELL, the Bill was carried over.

H. 3269 -- Reps. Richardson, P. Harris, Waldrop, Neilson, J. Brown, Inabinett, Kelley, Rhoad and Shissias: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-69-77 SO AS TO ALLOW A LICENSED CONTINUING CARE RETIREMENT COMMUNITY THAT OPERATES A HOME HEALTH AGENCY AND A NURSING HOME TO SHARE CERTAIN SERVICES BETWEEN THE HOME HEALTH AGENCY AND THE NURSING HOME; AND TO AMEND SECTION 44-69-75, RELATING TO REQUIRING A HOME HEALTH AGENCY TO OBTAIN A CERTIFICATE OF NEED BEFORE BEING LICENSED, SO AS TO EXEMPT CERTAIN CONTINUING CARE RETIREMENT COMMUNITIES WHICH PROVIDE HOME HEALTH SERVICES TO ITS RESIDENTS.

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

On motion of Senator LAND, debate was adjourned on the Bill.

H. 3639 -- Reps. Harrison, Jennings, Harwell, Shissias, Klauber and Knotts: A BILL TO AMEND SECTION 20-7-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JURISDICTION OF THE FAMILY COURT IN DOMESTIC MATTERS,

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

On motion of Senator MOORE, the Bill was carried over.

H. 3765 -- Reps. Meacham, Elliott, Herdklotz, Allison, Mason, Simrill, Wells, Moody-Lawrence, Littlejohn, Easterday, A. Young, Tripp, Rice, Fleming, Cato, Koon, Gamble and Riser: A BILL TO AMEND SECTION 16-25-70, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ARRESTS IN DOMESTIC VIOLENCE CASES, SO AS TO REQUIRE THAT A PERSON WHO COMMITS OR THREATENS TO COMMIT AN ACT OF DOMESTIC VIOLENCE UPON A FAMILY OR HOUSEHOLD MEMBER MUST BE ARRESTED.

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

Senator McCONNELL moved to carry over the Bill.

Senator LEVENTIS objected.

Senator LEVENTIS asked to be recognized.

Senator McCONNELL raised a Point of Order that the motion was nondebatable.

The PRESIDENT sustained the Point of Order and stated that the motion was nondebatable.

The question then was the motion to carry over the Bill.

The Bill was carried over.

H. 3704 -- Reps. Knotts, Whatley, Limehouse, Askins, Delleney, H. Brown, G. Brown, Fleming, Easterday, Cotty, Haskins, Hallman, Cromer, Cobb-Hunter, Herdklotz, Rogers, Neilson, Inabinett, Allison,

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

Senator LEATHERMAN was recognized.

Senator LEVENTIS moved that the Senate stand adjourned.

The PRESIDENT stated that, since Senator LEATHERMAN had the floor, the motion to adjourn would require unanimous consent.

Senator McCONNELL objected.

At 6:20 P.M., Senator BRYAN requested a leave of absence until 10:00 A.M. on Thursday, June 1, 1995.

At 6:21 P.M., Senator SALEEBY requested a leave of absence until 10:00 A.M. on Thursday, June 1, 1995.

At 6:22 P.M., Senator SETZLER requested a leave of absence beginning at 7:30 P.M. until 10:00 A.M. on Thursday, June 1, 1995.

Senator PEELER proposed the following Amendment No. 1 (BBM\10360CM.95):

Amend the bill, as and if amended, by adding an appropriately-numbered SECTION to read:

"Section 47-3-630. A person who violates any of the provisions a provision of this article is guilty of a misdemeanor and, upon conviction, must be fined no less than five hundred two thousand dollars and no more than one five thousand dollars or imprisoned for no less than thirty days one year or no more than six months five years, or both."/

Renumber sections to conform.

Amend title to conform.

Senator LEATHERMAN spoke on the Bill.

At 6:40 P.M., Senator GIESE requested a leave of absence beginning at 7:30 P.M. until 10:00 A.M. on Thursday, June 1, 1995.

Senator LEATHERMAN spoke on the Bill.

Senator LEVENTIS raised a Point of Order that the speaker's remarks were tedious and superfluous.

Senator LEATHERMAN spoke on the Point of Order.

The PRESIDENT overruled the Point of Order.

Senator LEATHERMAN continued speaking on the Bill.

Senator LEVENTIS raised a Point of Order that the speaker's remarks were tedious and superfluous.

Senator LEATHERMAN spoke on the Point of Order.

The PRESIDENT overruled the Point of Order.

Senator LEATHERMAN continued speaking on the Bill.

On motion of Senator MOORE, with unanimous consent, the Senate proceeded to a consideration of Amendment No. 2.

Senator LEATHERMAN proposed the following Amendment No. 2 (GJK\22042SD.95):

Amend the bill, as and if amended, by adding new sections appropriately numbered to read:

/SECTION . The 1976 Code is amended by adding:

Section 47-20-10. Production and waste areas of confined livestock and poultry facilities must be located:

(1) at least two hundred feet from the center line of public paved roads;

(2) at least one hundred feet from private potable wells;

(3) at least two hundred feet from public potable wells;

(4) at least one hundred feet from a watercourse of the State;

(5) at least fifty feet from a ditch or swale that may cause a water quality or health problem;

(6) at least one thousand feet from occupied or occupiable residences. As used in this item, `residence' includes, but is not limited to, mobile homes, apartments, condominiums, nursing homes, camps, campgrounds, hotels, motels, or similar places people may live. However, the one thousand feet setback is waived with the consent of the owner of the residence;

(7) when zoning restrictions apply, on property zoned for agricultural uses;

(8) out of the one-hundred-year flood plain unless protected from flooding.

Section 47-20-20. Waste disposal areas of confined livestock and poultry facilities must be located:

(1) at least one hundred feet from a watercourse of the State;

(2) at least one hundred feet from private potable wells;

(3) at least two hundred feet from public potable wells;

(4) at least two hundred feet from occupied or occupiable residences. As used in this item, `residence' is defined as in Section 47-20-10. The two hundred feet setback is waived with the consent of the owner of the residence. However, the owner may not agree to less than one hundred feet;

(5) at least fifty feet from a ditch or swale that may cause a water quality or health problem;

(6) at least three hundred feet from a public place. As used in this item, `public place' includes schools, churches, and daycare facilities.

SECTION . Section 46-45-30 of the 1976 Code, as amended by Act 442 of 1990, is further amended to read:

"Section 46-45-30. (A) No established agricultural facility or any agricultural operation at an established agricultural facility is or may become a nuisance, private or public, by any changed conditions in or about the locality of the facility or operation if the facility or operation has been in operation for one year or more. The provisions of this section do not apply whenever a nuisance results from the negligent, improper, or illegal operation of an agricultural facility or operation.

(B) No proposed agricultural facility or operation may be deemed to be a nuisance, private or public, by any changed conditions in or about the locality of the facility or operation on property unzoned or zoned for agricultural uses."

SECTION . Section 46-45-60 of the 1976 Code, as amended by Act 442 of 1990, is further amended to read:

"Section 46-45-60. An ordinance of a unit of local government that makes the operation of an agricultural facility or an agricultural operation at an agricultural facility a nuisance or providing for abatement as a nuisance in derogation of this chapter is null and void. If all applicable permit requirements established by state or federal law are met, including the guidelines in Chapter 20 of Title 47, for the operation of an agricultural facility in an area unzoned or zoned for agricultural uses, no permit required for establishing or operating the facility may be suspended, denied, or revoked by enforcement of a local ordinance. The provisions of this section do not apply whenever a nuisance results from the negligent, illegal, or improper operation of an agricultural facility. The provisions of this section do not apply whenever a nuisance results from an agricultural facility or agricultural operation at an agricultural facility located within the corporate limits of a city." /

Renumber sections to conform.

Amend totals and title to conform.

Senator LEATHERMAN explained the amendment.

Senator LEVENTIS raised a Point of Order that the amendment was out of order inasmuch as it was not germane to the Bill.

Senator LEATHERMAN spoke on the Point of Order.

Senator LEVENTIS spoke on the Point of Order.

Senator LEATHERMAN continued explaining the amendment.

At 7:05 P.M., on motion of Senator MOORE, the Senate receded from business not to exceed five minutes, with Senator LEATHERMAN retaining the floor.

At 7:14 P.M., the Senate resumed.

Senator LEATHERMAN continued explaining the amendment.

Senator LEVENTIS argued contra to the adoption of the amendment.

Senator LEVENTIS moved that the Senate stand adjourned.

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

Alexander         Boan             Cork

Courson           Elliott          Giese

Glover            Gregory          Hayes

Jackson           Leventis         Martin

Matthews          Mescher          Moore

Patterson         Rankin           Reese

Richter           Russell          Ryberg

Short             Smith, G.        Thomas

Waldrep           Wilson

Courtney          Holland          Land

Lander            Leatherman       McConnell

McGill            O'Dell           Rose

Setzler           Stilwell         Washington

The Senate adjourned.

Having received a favorable report from the Barnwell County Delegation, on motion of Senator Williams, the following appointment was confirmed in open session:

Initial Appointment, Barnwell County Magistrate, with term to commence April 30, 1995, and to expire April 30, 1999:

The Honorable Jimmy Wade Gantt, Jr., 116 Williston Road, Blackville, S.C. 29817 VICE William H. Bodiford

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

Reappointment, Sumter County Magistrate, with term to commence April 30, 1994, and to expire April 30, 1998:

Honorable Lee Anna Morse, Post Office Box 508, Pinewood, S.C. 29125

Having received a favorable report from the Marlboro County Delegation, the following appointments were confirmed in open session:

Reappointments, Marlboro County Magistrates, with terms to commence April 30, 1995, and to expire April 30, 1999:

Honorable Ronald K. McDonald, 5646 Allen Ridge Road, Blenheim, S.C. 29516

Honorable Carroll M. Gray, Post Office Box 418, Bennettsville, S.C. 29512

At 7:40 P.M., on motion of Senator LEVENTIS, the Senate adjourned to meet tomorrow at 10:00 A.M.

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