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"Section 59-73-35. (A) Except as provided in this section, the governing body authorized by law to levy school taxes may not increase the millage rate imposed for any purpose above the rate imposed for such purposes for the prior tax year.

(B) The millage rate may be increased by the percentage increase in the consumer price index based upon the southeastern average or to meet the minimum required local Education Finance Act inflation factor as projected by the State Budget and Control Board, Division of Research and Statistics, and the per pupil maintenance of effort requirement of Section 59-21-1030. Notwithstanding the limitation upon millage rate increases contained in this subsection, the millage rate also may be increased for the following purposes:

(1) in response to a natural or environmental emergency as declared by the Governor. However, upon revocation of the declared emergency or as soon as conditions or operations change to the extent the emergency no longer exists, millage rate and fee rates must return to the rates immediately preceding the emergency;

(2) to offset a prior year's deficit, as required by Section 7, Article X of the South Carolina Constitution; or

(3) to raise the revenue necessary to comply with judicial mandates requiring the use of school district funds, personnel, facilities, or equipment.

(C) Notwithstanding any other provision of law, the millage rate also may be increased upon a two-thirds vote of the governing body authorized by law to levy school taxes of the school district. Any new sources of revenues for any purpose must be approved by a two-thirds vote of the governing body authorized by law to levy school taxes of the school district.

(D) The restrictions contained in this section do not affect millage which is levied to pay bonded indebtedness or payments for real property purchased using a lease-purchase agreement or used to maintain a reserve account. Nothing in this section prohibits the use of energy-saving performance contacts as provided in Section 48-52-670.

(E) For the property tax year of implementation of the values resulting from a countywide reassessment and equalization program, the millage rate must not exceed the rollback millage, as defined in Section 4-9-142(E), except that the rollback millage may be increased by the percentage increase in the consumer price index, based on the southeastern average, for the year immediately preceding the year of reassessment

(F) The provisions of this section do not and may not be construed to amend or repeal any existing provision of law limiting the fiscal autonomy of a school district to the extent those limitations are more restrictive than the provisions of this section.

(G) The provisions of this section do not apply to a school district in which any increase in the ad valorem school tax levy for a tax year must be approved by the qualified electors of the school district in a referendum."

SECTION 5. A. Chapter 1, Title 6 of the 1976 Code is amended by adding:

"Section 6-1-85. Neither municipalities, counties, school districts, special purpose districts, nor any other political subdivision of this State may impose any taxes or fees of any nature or description unless the General Assembly has expressly authorized by general law the imposition of the specific tax or fee. The provisions of this section shall not and do not apply to taxes or fees on the rental or letting of accommodations which have been finally enacted by the governing bodies of the aforementioned local government entities on or before November 13, 1995.

For purposes of this section, the term `accommodations' has the same meaning given that term in Section 12-36-920."

B. The intent of the General Assembly in enacting the provisions of subsection A of this section is to reverse legislatively the decision in Hospitality Association of South Carolina et al. vs. The County of Charleston et al., Opinion No. 24346, November 13, 1995, Davis' Advance Sheet No. 25, except to the extent a tax or fee is specifically authorized by Section 6-1-85 of the 1976 Code.

SECTION 6. This PART takes effect upon approval by the Governor and is effective until and unless the certification of the State Election Commission to the Code Commissioner and the Department of Revenue and Taxation of a majority "yes" vote in the referendum provided by SECTION 1 of PART II occurs. This PART is repealed upon the certification of a majority "yes" vote in the referendum and the Code Commissioner is directed to remove these provisions from the Code upon the effective date of the provisions provided for in PART II./

Amend title to conform.

Senator BRYAN argued contra to the amendment.

At 11:40 A.M., Senator MARTIN assumed the Chair.

Senator BRYAN argued contra to the amendment.

At 11:52 A.M., Senator PATTERSON made the point that a quorum was not present. It was ascertained that a quorum was present. The Senate resumed.

Senator BRYAN continued arguing contra to the amendment.

At 12:20 P.M., the PRESIDENT assumed the Chair.

Senator BRYAN continued arguing contra to the amendment.

Senator PEELER asked unanimous consent to make a motion, with Senator BRYAN retaining the floor, that the Senate stand adjourned.

Senator McCONNELL objected.

Senator BRYAN continued arguing contra to the amendment.

At 12:32 P.M., Senator MOORE made the point that a quorum was not present. It was ascertained that a quorum was present. The Senate resumed.

Senator BRYAN continued arguing contra to the amendment.

Senator DRUMMOND asked unanimous consent to make a motion that the Senate stand in recess for fifteen minutes.

Senator MOORE rose to a Point of Personal Privilege.

Senator BRYAN rose to a Point of Personal Privilege.

Senator BRYAN continued arguing contra to the amendment.

Senator LEATHERMAN asked unanimous consent to make a motion, with Senator BRYAN retaining the floor, that the Senate stand adjourned.

Senator DRUMMOND objected.

Senator BRYAN continued arguing contra to the amendment.

With Senator BRYAN retaining the floor, Senator DRUMMOND, with unanimous consent, addressed remarks to the body.

On motion of Senator DRUMMOND, with unanimous consent, debate was interrupted by adjournment, with Senator BRYAN retaining the floor.

Senator DRUMMOND moved that when the Senate adjourns on Friday, March 8, 1996, it stand adjourned to meet next Tuesday, March 12, 1996, at 12:00 Noon, which motion was adopted.

At 1:05 P.M., on motion of Senator DRUMMOND, 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.

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 ACTING PRESIDENT, Senator COURSON.

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

S. 1075 -- Senators Rose, Land, Leventis, Matthews, Washington and Mescher: A BILL TO AMEND SECTION 58-31-30, SOUTH CAROLINA CODE OF LAWS, 1976, RELATING TO THE POWERS OF THE SOUTH CAROLINA PUBLIC SERVICE AUTHORITY, SO AS TO AUTHORIZE THE PURCHASE AND MAINTENANCE OF STRUCTURES FOR THE DISTRIBUTION OF WATER IN CALHOUN AND COLLETON COUNTIES; AND TO DELETE THE PROVISION THAT PROHIBITS THE TRANSFER OF WATER FROM ONE RIVER BASIN TO ANOTHER.

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

At 11:10 A.M., on motion of Senator GIESE, the Senate adjourned to meet next Tuesday, March 12, 1996, at 12:00 Noon.

Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 12:00 Noon, the hour to which it stood adjourned and was called to order by the PRESIDENT Pro Tempore.

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

Beloved, the Twenty-Third Psalm has sustained believers in every age. Hear the opening verses of what is called "The Divine Shepherd Psalm:"

"The Lord is my shepherd, I shall

not want.

He makes me lie down in green pastures.

He leads me beside still waters;

He restores my soul.

He leads me in right paths for His

name's sake."
Let us pray.

Good Lord, kind Lord, perhaps sometimes the immediacy of our burdens might cause us to have a tendency to maximize our troubles.

At those times help us to maximize our blessings. Indeed, we do have so much for which to be thankful!

Thank You, Lord!

O Thou who art the Light of the World, and our Good Shepherd; help us to walk as children of the Light!

Amen!

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

February 12, 1996
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 Human Affairs Commission, with term to commence June 30, 1995, and to expire June 30, 1998:

6th Congressional District:

Mr. Jerome Heyward, Apartment 514, 1916 Sam Rittenberg Boulevard, Charleston, S.C. 29407 VICE Fred L. Sumpter

Referred to the Committee on Judiciary.

February 13, 1996
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

Initial Appointment, Advisory Council to the Continuum of Care for Emotionally Disturbed Children, with term to commence June 30, 1995, and to expire June 30, 1999:

Parent:

Ms. Jane J. Ferguson, 2280 Clematis Trail, Sumter, S.C. 29150 VICE Brenda C. Miller

Initial Appointment, Commission on Higher Education, with term to commence July 1, 1996, and to expire July 1, 2000:

At-Large:

Mr. Winfred S. Greene, 1704 Phelps Street, Columbia, S.C. 29205

Referred to the Committee on Education.

Initial Appointment, South Carolina Public Service Authority, with term to commence May 19, 1991, and to expire May 19, 1998, service to begin July 10, 1996:

3rd Congressional District:

Honorable Claude V. Marchbanks, Post Office Box 531, Clemson, S.C. 29631 VICE B.L. Hendricks, Jr. (deceased)

Referred to the General Committee

February 15, 1996
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

Initial Appointment, State Human Affairs Commission, with term to commence June 30, 1993, and to expire June 30, 1996:

1st Congressional District:

Ms. Leah F. Chase, Post Office Box 32123, Charleston, S.C. 29417-2123 VICE Ann Lucas (deceased)

Referred to the Committee on Judiciary.

1st Congressional District:

Ms. Leah F. Chase, Post Office Box 32123, Charleston, S.C. 29417-2123

Referred to the Committee on Judiciary.

February 22, 1996
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

Initial Appointment, Director of the Department of Health and Human Services, with term to commence February 13, 1996, and to expire at the pleasure of the Governor:

Ms. Gwendolyn G. Power, 3011 Lindenwood Drive, Columbia, S.C. 29204 VICE E. Anderson Laurent (resigned)

Referred to the Committee on Medical Affairs.

Initial Appointment, Commission of Hearing Aid Specialists, with term to commence November 1, 1993, and to expire November 1, 1997:

Otolaryngologist:

Tab E. Thompson, M.D., Suite 203, 2750 Laurel Street, Columbia, S.C. 29204 VICE J. Capers Hiott

Referred to the Committee on Medical Affairs.

Public:

Mrs. Wilma L. Kelly, Route 4, Box 1346, Bishopville, S.C. 29010

Referred to the Committee on Labor, Commerce and Industry.

February 23, 1996
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, South Carolina Mental Health Commission, with term to commence March 14, 1994, and to expire March 14, 1998:

6th Congressional District:

Mr. Leon Finklin, 4011 Ensor Avenue, Columbia, S.C. 29203 VICE Laura R. Dawson (resigned)

Referred to the Committee on Medical Affairs.

At 12:13 P.M., Senator PEELER assumed the Chair.

At 12:15 P.M., Senator MATTHEWS requested a leave of absence beginning at 1:00 P.M. until 10:00 A.M. on Wednesday, March 13, 1996.

On motion of Senator COURTNEY, at 12:17 P.M., Senator WALDREP was granted a leave of absence until 4:00 P.M.

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