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H. 3037 -- Reps. Kirsh, Simrill, Meacham, S. Whipper, Stille, Walker, Sandifer, Cain, Whatley, Shissias, Riser and Clyburn: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-2947 SO AS TO PROVIDE THAT WHEN A PERSON COMMITS CERTAIN DRUG AND ALCOHOL-RELATED MOTOR VEHICLE OFFENSES AND A MINOR WAS A PASSENGER IN THE VEHICLE AT THE TIME OF THE OFFENSE, THE PERSON IS GUILTY OF THE OFFENSE OF CHILD ENDANGERMENT AND MUST BE PENALIZED BY A MANDATORY FINE OR IMPRISONMENT NOT LESS THAN ONE-HALF OF THE MAXIMUM FINE OR IMPRISONMENT GIVEN FOR THE ORIGINAL OFFENSE, AND TO PROVIDE THAT A PERSON MAY BE CONVICTED OF CHILD ENDANGERMENT IN ADDITION TO THE OTHER OFFENSES.

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

Amend the bill, as and if amended, page 2, beginning on line 21, in Section 56-5-2947, as contained in SECTION 1, by striking line 21 in its entirety and inserting therein the following:

/endangerment.

(G) A first offense charge for a violation of this section may not be used as the only evidence for taking a child into protective custody pursuant to Section 20-7-610(A) and (F)."/

Amend title to conform.

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

The following Bill and Joint Resolution having been read the second time with notice of general amendments were ordered placed on the third reading Calendar:

H. 3901 -- Reps. Harrell, Fleming, Cobb-Hunter, Seithel, A. Young, Limbaugh, Wilkins, Wofford, Hallman, H. Brown, Cain, Cotty, Martin, D. Smith, Fulmer, L. Whipper, Shissias, Quinn, McCraw, Knotts, Stuart, Harrison, Sheheen, Huff, Klauber, Beatty, Limehouse, Whatley, Harwell, Hodges, J. Young, Govan, Herdklotz, Jennings, Richardson, Hutson, Delleney and McElveen: A BILL TO AMEND SECTION 12-51-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REDEMPTION OF REAL PROPERTY SOLD FOR DELINQUENT TAXES, SO AS TO INCREASE THE INTEREST RATE FROM EIGHT TO TWELVE PERCENT IN THE LAST SIX MONTHS OF THE REDEMPTION PERIOD FOR ALL REAL PROPERTY NOT ASSESSED AS OWNER-OCCUPIED RESIDENTIAL PROPERTY.

H. 4042 -- Reps. Simrill and Elliott: A JOINT RESOLUTION TO PROVIDE FOR TEMPORARY QUALIFICATIONS AND FEES FOR LICENSURE AS A HOME INSPECTOR.

The following Joint Resolution having been read the second time was ordered placed on the third reading Calendar:

H. 4157 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING, AND REGULATION - REAL ESTATE APPRAISERS BOARD, RELATING TO LICENSING, CERTIFICATION, FEES, AND CONTINUING EDUCATION OF REAL ESTATE APPRAISERS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1766, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 3573 -- Rep. Klauber: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 31-3-50 SO AS TO PROVIDE THAT A PUBLIC HOUSING AUTHORITY MAY OBTAIN DATA FROM THE DEPARTMENT OF REVENUE AND TAXATION AND THE EMPLOYMENT SECURITY COMMISSION TO VERIFY A PERSON'S ELIGIBILITY FOR A PUBLIC HOUSING PROGRAM AND TO PROVIDE THE METHOD OF MAKING AND RESPONDING TO THESE REQUESTS; AND TO AMEND SECTIONS 12-54-240, AS AMENDED, AND 41-29-170 OF THE 1976 CODE, RELATING TO AUTHORITY OF THE DEPARTMENT OF REVENUE AND TAXATION AND EMPLOYMENT SECURITY COMMISSION TO DISCLOSE OFFICIAL INFORMATION, SO AS TO AUTHORIZE DISCLOSURE TO A PUBLIC HOUSING AUTHORITY, AND PROVIDE FOR THE DISCLOSURE OF AN APPLICANT'S CURRENT AND PREVIOUS EMPLOYERS.

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

The General Committee proposed the following amendment (JIC\5930HTC.95), which was adopted:

Amend the bill, as and if amended, by striking SECTIONS 2 and 3 and inserting:

/SECTION 2. Section 12-54-240(B) of the 1976 Code, as last amended by Act 516 of 1994, is further amended by adding an appropriately numbered item at the end to read:

SECTION 3. Section 41-29-170(2) of the 1976 Code is amended to read:

"(2) The State Employment Office shall furnish, upon request of any public agency administering the aid to families with dependent children (AFDC) and child support programs or any public housing authority, any information in its possession relating to:

(a) individuals who are receiving, have received, or have applied for unemployment insurance;

(b) the amount of benefits being received;

(c) the current home address of such individuals; and

(d) whether any offer of work has been refused and, if so, a description of the job and the terms, conditions, and rate of pay therefor; and

(e) in the case of requests from a public housing authority, a listing of the current employer and previous employers for the available preceding six calendar quarters.

The requesting agency shall be is responsible for reimbursing the South Carolina Employment Security Commission for actual costs incurred in supplying such information. This information must be provided in the most useful and economical format possible."/

Renumber sections to conform.

Amend title to conform.

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

S. 456 -- Senators McConnell and Land: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-115 SO AS TO PROVIDE THAT A FAMILY COURT-APPOINTED GUARDIAN AD LITEM IS IMMUNE FROM LIABILITY FOR ACTS OR OMISSIONS RELATING TO THE COURT APPOINTMENT; AND TO REPEAL SECTION 20-7-127 RELATING TO LIMITED IMMUNITY OF VOLUNTEER GUARDIANS AD LITEM IN FAMILY COURT PROCEEDINGS.

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

Senator COURTNEY explained the Bill.

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

H. 4064 -- Rep. Cato: A BILL TO AMEND SECTION 40-29-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN THE UNIFORM STANDARDS CODE FOR MANUFACTURED HOUSING ACT, SO AS TO DEFINE "MOBILE HOME" AND TO REVISE THE DEFINITION OF "MANUFACTURED HOME"; TO AMEND SECTION 40-29-40, RELATING TO STATE POLICY FOR SAFETY IN CONSTRUCTION OF MANUFACTURED HOMES, SO AS TO PROVIDE THAT THIS CHAPTER ALSO APPLIES TO MOBILE HOMES; AND TO AMEND SECTION 40-29-100, AS AMENDED, RELATING TO LICENSURE TO SELL MANUFACTURED HOMES, SO AS TO PROVIDE THAT GROUNDS FOR DENYING A LICENSE INCLUDE CRIMINAL CONDUCT AND VIOLATION OF CHAPTER 29, TITLE 40.

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

H. 3685 -- Reps. Walker, Baxley, Fleming, Neilson, Hines, Allison, Townsend, Beatty, Chamblee, Littlejohn, Wells, Davenport, Trotter, Lanford, Marchbanks and D. Smith: 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 DYSCALCULIA, 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.

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

H. 4055 -- Rep. Cato: A BILL TO AMEND SECTION 40-29-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN THE UNIFORM STANDARDS CODE FOR MANUFACTURED HOUSING ACT, SO AS TO DEFINE "MANUFACTURED HOME CONTRACTOR", "MANUFACTURED HOME INSTALLER", AND "MANUFACTURED HOME REPAIRER"; TO AMEND SECTION 40-29-30, RELATING TO THE MANUFACTURED HOUSING BOARD, SO AS TO INCREASE THE MEMBERSHIP FROM NINE TO TEN; TO AMEND SECTION 49-29-100, AS AMENDED, RELATING TO LICENSES TO SELL MANUFACTURED HOMES, SO AS TO ALSO REQUIRE A MANUFACTURED HOME CONTRACTOR, INSTALLER, AND REPAIRER TO BE LICENSED AND TO PROVIDE ADDITIONAL LICENSING REQUIREMENTS; TO AMEND SECTION 40-29-110, AS AMENDED, RELATING TO EXAMINATION REQUIREMENTS FOR LICENSURE, SO AS TO ALSO PROVIDE THAT A MANUFACTURED HOME CONTRACTOR, INSTALLER, OR REPAIRER MUST COMPLETE ANY TRAINING REQUIRED BY THE BOARD; TO AMEND SECTION 40-29-120, RELATING TO SURETY BOND REQUIREMENTS, SO AS TO PROVIDE BOND REQUIREMENTS FOR MANUFACTURED HOME CONTRACTORS, INSTALLERS, AND REPAIRERS; TO AMEND SECTION 40-29-130, RELATING TO REQUIREMENTS FOR INDEMNIFICATION FROM SECURITY, SO AS TO INCLUDE MANUFACTURED HOME CONTRACTORS, INSTALLERS, AND REPAIRERS IN THESE REQUIREMENTS; TO AMEND SECTION 40-29-150, RELATING TO GROUNDS FOR DISCIPLINE, SO AS TO ALSO APPLY STANDARDS TO MANUFACTURED HOME INSTALLATION, REPAIR, AND MODIFICATION; TO AMEND SECTION 40-29-160, AS AMENDED, RELATING TO PENALTIES, SO AS TO PROVIDE THAT AN ADMINISTRATIVE PENALTY MAY APPLY TO A PERSON ENGAGING IN ANY ACTIVITY FOR WHICH A LICENSE IS REQUIRED UNDER CHAPTER 29; AND TO AMEND SECTION 40-29-170, RELATING TO WARRANTY REQUIREMENTS, SO AS TO INCLUDE REQUIREMENTS FOR MANUFACTURED HOME CONTRACTORS, INSTALLERS, AND REPAIRERS.

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

Amend the bill, as and if amended, Section 3, by deleting lines 14 and 15 and inserting:

/retail salesman, or manufacturer, or manufacturer's representative, in this State without being licensed by the board. No/

Amend the bill further, as and if amended, Section 10, page 6, line 4, by deleting /manufacturer's representatives/ and inserting:

/manufacturer's representatives/.

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

/SECTION . Section 6-29-730 of the 1976 Code, as added by Act 355 of 1994, is amended by adding at the end:

"For purposes of this chapter, a manufactured home in a manufactured home park must be considered a use and not a structure, and if the park is a nonconforming use, the substitution of one manufactured home for another must be allowed."/

Amend title to conform.

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

THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.

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.

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

Senator PASSAILAIGUE spoke on the Bill.

At 12:50 P.M., Senator MARTIN assumed the Chair.

Senators LEATHERMAN, DRUMMOND, J. VERNE SMITH and JACKSON proposed the following Amendment No. 1 (JIC\5994HTC.95), which was adopted:

Amend the bill, as and if amended, by striking SECTION 2 and inserting:

/SECTION 2. A. The State Election Commission shall conduct a statewide referendum on November 7, 1995, on the question of raising the sales tax in order to provide property tax relief and phasing out the sales tax on food. The state election laws apply to this referendum, mutatis mutandis. The commission shall canvass the results of the referendum and certify the results to the director of the Department of Revenue and Taxation and the Code Commissioner. The referendum question must read substantially as follows:

"Do you favor raising the statewide sales, use, and casual excise tax rate from five to six percent, in order to exempt food from the sales tax and to grant fifty thousand dollars of the fair market value of each owner-occupied residential property an exemption from all property taxes levied for operating purposes except those levied pursuant to referendum and those levied by special purpose or public service districts and county special tax districts?

[] Yes

[] No

Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word `Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word `No'."

B. Chapter 36, Title 12 of the 1976 Code is amended by adding:

Section 12-36-1110. An additional sales, use, and casual excise tax equal to one percent is imposed on amounts taxable pursuant to this chapter. Revenue of the tax imposed pursuant to this article must be credited to the Property Tax Relief Fund in the State Treasury, a fund separate and distinct from the general fund of the State.

Section 12-36-1120. The revenues in the Property Tax Relief Fund must be distributed quarterly beginning October first of each year by the Comptroller General to reimburse property taxing jurisdictions a sum

C. Section 12-36-940 of the 1976 Code is amended to read:

"Section 12-36-940. Every retailer may add to the sales price:

(1) no amount on sales of ten cents or less;

(2) one cent on sales of eleven cents and over, but not in excess of twenty cents;

(3) two cents on sales of twenty-one cents and over, but not in excess of forty cents;

(4) three cents on sales of forty-one cents and over, but not in excess of sixty cents;

(5) four cents on sales of sixty-one cents and over, but not in excess of eighty cents;

(6) five cents on sales of eighty-one cents and over, but not in excess of one dollar;

(7) one cent additional for each twenty cents or major fraction thereon in excess of one dollar.

The inability, impracticability, refusal, or failure to add these amounts to the sales price and collect from the purchaser does not relieve the taxpayer from the tax levied by this article.

A retailer may add the amount of the tax to the sales price and the department shall prescribe tables providing the amount to be added to the sales price consistent with the total rate of the tax."

D. (1) The gross proceeds of sales of tangible personal property delivered after December 31, 1995, in this State, either under the terms of a construction contract executed before January 1, 1996, or a written bid submitted before January 1, 1996, culminating in a construction contract entered into before or after January 1, 1996, are exempt from the tax provided in Section 12-36-1110 of the 1976 Code if a verified copy of the contract is filed with the South Carolina Department of Revenue and Taxation before July 1, 1996.

E. Section 11-11-140(D) of the 1976 Code is amended to read:

"(D) Appropriations from surplus may not be made before the first meeting of the General Assembly following the Comptroller General's closing of the books on the fiscal year in which the surplus occurred and may be appropriated only for nonrecurring purposes. The provisions of this subsection do not apply to appropriations to cover midyear shortfalls in the Property Tax Relief Fund as established pursuant to Article 11, Chapter 36 of Title 12."

F. (1) Article 3, Chapter 37, Title 12 of the 1976 Code is amended by adding:

"Section 12-37-253. In addition to any other homestead exemption allowed by law, fifty thousand dollars of the fair market value of every homestead qualifying for the assessment ratio provided pursuant to Section 12-43-220(c) is exempt from all ad valorem taxes except ad valorem taxes levied as follows:

(1) for debt service and for payments pursuant to lease-purchase agreements;

(2) by special purpose or public service districts;

(3) by county special tax districts;

(4) any ad valorem taxes levied pursuant to a referendum in which a majority of the qualified electors of the jurisdiction voting in the referendum voted in favor of levying the taxes."

(2) Subject to Subsection A of this section, Section 12-37-253 of the 1976 Code, as added by this section, is effective for property tax years beginning after 1995.

G. (1) Section 12-36-2120 of the 1976 Code is amended by adding an appropriately numbered item at the end to read:

"( ) Effective July 1, 1998, food items eligible for purchase with United States Department of Agriculture food coupons, not including restaurant meals."

(2) Notwithstanding the rates of tax imposed pursuant to Chapter 36, Title 12 of the 1976 Code, the rate of tax imposed pursuant to that chapter on the gross proceeds of sales, or the sale price of food items eligible for purchase with United States Department of Agriculture food coupons, not including restaurant meals, is two percent for sales or consumption in fiscal year 1996-97, and one percent for such sales or consumption in

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