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On motion of Senator LEATHERMAN, with unanimous consent, H. 4478 was ordered to receive a third reading on Friday, February 23, 1996.

S. 1163 -- Senators Drummond, J. Verne Smith, Courson, Patterson, Mescher and Giese: A JOINT RESOLUTION AUTHORIZING THE COMMISSION FOR MINORITY AFFAIRS TO RECEIVE FUNDS FROM PUBLIC AND PRIVATE SOURCES FOR RESEARCH, FORUMS, TRAINING SESSIONS, AND INSTITUTES AND TO ALLOW THESE FUNDS TO BE RETAINED BY THE COMMISSION AND CARRIED FORWARD INTO FISCAL YEAR 1996-97 AND EXPENDED FOR THE SAME PURPOSES.

Senator COURSON explained the Resolution.

On motion of Senator COURSON, with unanimous consent, S. 1163 was ordered to receive a third reading on Friday, February 23, 1996.

H. 4351 -- Reps. Walker, Byrd, D. Smith, Allison, Baxley, J. Brown, Cain, Chamblee, Cobb-Hunter, Cooper, Cromer, Davenport, Gamble, Harrell, J. Harris, Harvin, Haskins, Herdklotz, Huff, Jaskwhich, Kelley,

Senator LANDER asked unanimous consent to make a motion that the Bill receive a third reading on Friday, February 23, 1996.

Senator THOMAS objected.

H. 4054 -- Rep. McElveen: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 42-1-315 SO AS TO PROVIDE THAT THE PROVISIONS OF TITLE 42, WORKERS' COMPENSATION, APPLY TO AND INCLUDE ALL PARTICIPANTS IN THE TECH PREP PROGRAM, WHETHER COMPENSATED OR NOT, WHILE THEY ARE ON THE PREMISES OF A PARTICIPATING EMPLOYER, AND BY ADDING SECTION 42-1-55 SO AS TO PROVIDE THAT THE WORKERS' COMPENSATION RATE FOR TECH PREP PROGRAM PARTICIPANTS SHALL BE FIFTY PERCENT OF THE AVERAGE WEEKLY WAGE IN THE STATE FOR THE PRECEDING FISCAL YEAR OR THE SAME RATE THAT THE EMPLOYER PAYS TO COMPARABLE EMPLOYEES, AND REQUIRE THE WORKERS'

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

The Judiciary Committee proposed the following amendment (JUD4054.001), which was adopted:

Amend the bill, as and if amended, page 1, line 37, in Section 42-1-315, as contained in SECTION 1, by striking /in the Tech Prep Program/.

Amend the bill further, as and if amended, page 2, line 6, in Section 42-7-65, as contained in SECTION 2, by striking /distributive/ and inserting therein /distributive marketing/.

Amend title to conform.

Senator COURTNEY explained the amendment.

There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.

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.

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

THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE MOTION PERIOD.

S. 1117 -- Education Committee: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING CHAPTER 144 SO AS TO ENACT THE

Senator SETZLER moved that the Bill be made a Special Order.

Senator PASSAILAIGUE raised a Point of Order that under Rule 34B the motion was out of order inasmuch as the bill had not been on the Calendar the required number of statewide legislative days.

Senator SETZLER spoke on the Point of Order and stated that today, February 22, 1996, constituted the sixth statewide day that S. 1117 had been on the Calendar.

The PRESIDENT took the Point of Order under advisement.

At 11:37 A.M., on motion of Senator SETZLER, the Senate receded from business in order for the PRESIDENT to rule on the Point of Order.

At 11:40 A.M., the Senate resumed.

The PRESIDENT ruled that the precedents on this Point of Order are clear and that the seventh day that a Bill is on the Calendar is the first day on which a motion for Special Order is in order and, therefore, sustained the Point of Order.

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

THE SENATE PROCEEDED TO THE ADJOURNED DEBATES.

H. 4138 -- Ways and Means Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-11-145 SO AS TO PROVIDE FOR THE CONTINUING AUTHORITY TO PAY THE EXPENSES OF STATE GOVERNMENT WHEN A FISCAL YEAR BEGINS WITHOUT A GENERAL APPROPRIATIONS ACT FOR THE YEAR IN EFFECT.

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

THE SENATE PROCEEDED TO THE SPECIAL ORDER.

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 previously printed in the Journal of Thursday, May 11, 1995.

Senator PASSAILAIGUE spoke on the Bill.

There was no objection.

Debate was adjourned on the Bill with Senator PASSAILAIGUE retaining the floor.

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

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 DRUMMOND, the Bill was carried over.

H. 4005 -- Reps. Richardson and Cato: A BILL TO AMEND SECTION 38-77-510, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AUTOMOBILE INSURANCE AND THE SOUTH CAROLINA REINSURANCE FACILITY AND THE FACILITY'S DUTIES GENERALLY, SO AS TO PROVIDE THAT FOR MULTI-VEHICLE INSURANCE POLICIES, ONE OR MORE VEHICLES MAY BE CEDED TO THE FACILITY AS LONG AS THE INSURER IDENTIFIES TO THE FACILITY AND THE INSURED PRECISELY WHICH VEHICLES ARE RETAINED AND WHICH ARE CEDED AND THE RATE LEVEL FOR EACH VEHICLE.

The Senate proceeded to a consideration of the Bill. The question being the adoption of Amendment No. 1 (S-INS-001) proposed by Senators

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

S. 409 -- Senators McConnell, Drummond, Passailaigue and Mescher: A BILL TO AMEND TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FISH, GAME, AND WATERCRAFT BY ADDING CHAPTER 22 SO AS TO PROVIDE FOR CERTAIN KAYAKING AND CANOEING LIABILITY IMMUNITY WHEREBY A KAYAKING OR CANOEING ACTIVITY SPONSOR OR A KAYAKING OR CANOEING PROFESSIONAL IS NOT LIABLE FOR AN INJURY TO OR THE DEATH OF A PARTICIPANT RESULTING FROM AN INHERENT RISK OF KAYAKING OR CANOEING ACTIVITY ABSENT SPECIFIED FACTORS.

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

Senator PASSAILAIGUE spoke on the Bill.

On motion of Senator J. VERNE SMITH, with unanimous consent, consideration was interrupted by adjournment.

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

Reappointments, Charleston County Voter Registration Board, with terms to commence March 15, 1996, and to expire March 15, 1998:

Ms. Alice E. Mitchell, 2011 Savage Road, Charleston, S.C. 29403

Ms. Flora P. Condon, 751 Jim Isle Drive, Charleston, S.C. 29412

Ms. Gertrude D. Brown, 1449 Swamp Angel Court, Charleston, S.C. 29412

Senator J. VERNE SMITH moved that when the Senate adjourns on Friday, February 23, 1996, it stand adjourned to meet next Tuesday, February 27, 1996, at 12:00 Noon, which motion was adopted.

At 11:47 A.M., on motion of Senator J. VERNE SMITH, 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.

Senators McCONNELL and GIESE desired to be recorded as voting against the motion to adjourn.

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 SETZLER.

The following Bills were read the third time and having received three readings in both Houses, it was ordered that the titles be changed to that of Acts and enrolled for Ratification:

H. 4587 -- Reps. Jennings, J. Harris and Kinon: A BILL TO CREATE THE MARLBORO COUNTY ECONOMIC DEVELOPMENT BOARD, PROVIDE FOR THE APPOINTMENT AND TERMS OF THE MEMBERS, POWERS, AND MEETINGS OF THE BOARD; AND REPEAL ACT 280 OF 1957 RELATING TO THE CREATION OF THE MARLBORO COUNTY INDUSTRIAL AND AGRICULTURAL DEVELOPMENT BOARD.

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

H. 4609 -- Reps. Koon, Knotts, Gamble, Riser and Wright: A BILL TO AMEND ACT 218 OF 1993, AS AMENDED, RELATING TO THE ELECTION OF MEMBERS OF BOARDS OF TRUSTEES OF SCHOOL DISTRICTS IN LEXINGTON COUNTY IN NONPARTISAN ELECTIONS, SO AS TO REVISE THE DATES WHEN NOTICES OF CANDIDACY MAY BE FILED WITH THE COUNTY ELECTION COMMISSION, AND TO AMEND ACT 176 OF 1995, RELATING TO THE ELECTION OF MEMBERS OF THE BOARD OF TRUSTEES OF LEXINGTON COUNTY SCHOOL DISTRICT 1, SO AS TO PROVIDE THAT THE FILING PERIOD FOR PERSONS DESIRING TO FILE WRITTEN NOTICES OF CANDIDACY SHALL BE AS PROVIDED IN ACT 218 OF 1993.

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

H. 4478 -- Reps. Boan, Baxley, Fleming, Askins, Kennedy, J. Hines, Martin, Cooper, Law, Robinson, Limbaugh, Rhoad, Cato, Witherspoon, Jennings, Wilkins and T. Brown: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-21-785, SO AS TO AUTHORIZE THE DEPARTMENT OF

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

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

S. 1163 -- Senators Drummond, J. Verne Smith, Courson, Patterson, Mescher and Giese: A JOINT RESOLUTION AUTHORIZING THE COMMISSION FOR MINORITY AFFAIRS TO RECEIVE FUNDS FROM PUBLIC AND PRIVATE SOURCES FOR RESEARCH, FORUMS, TRAINING SESSIONS, AND INSTITUTES AND TO ALLOW THESE FUNDS TO BE RETAINED BY THE COMMISSION AND CARRIED FORWARD INTO FISCAL YEAR 1996-97 AND EXPENDED FOR THE SAME PURPOSES.

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

At 11:37 A.M., on motion of Senator WILSON, the Senate adjourned to meet next Tuesday, February 27, 1996, at 12:00 Noon.

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