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On motion of Senator PASSAILAIGUE, with unanimous consent, the Point of Order raised by Senator PASSAILAIGUE that Amendment No. 1 (JIC\6047HTC.95) was out of order inasmuch as it was not germane was withdrawn.

Senator WALDREP asked unanimous consent to take the Bill up for immediate consideration.

There was no objection.

The Senate proceeded to a consideration of the Bill. The question then was the adoption of Amendment No. 1 (JIC\6047HTC.95), previously proposed by Senators WALDREP, HAYES, LANDER, WILSON, RICHTER, LEATHERMAN, GREGORY, RUSSELL, MARTIN, ELLIOTT, COURTNEY, ALEXANDER and THOMAS.

Senator WALDREP explained the amendment.

The amendment was adopted.

Senators WILSON and LANDER proposed the following Amendment No. 2 (JIC\6051HTC.95), which was adopted:

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

/SECTION . Chapter 51 of Title 12 of the 1976 Code is amended by adding:

"Section 12-51-55. The officer charged with the duty to sell real property and mobile or manufactured housing for nonpayment of ad valorem property taxes shall submit a bid on behalf of the forfeited land

Renumber sections to conform.

Amend title to conform.

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

The PRESIDENT overruled the Point of Order.

Senator WILSON explained the amendment.

Senator WILSON moved that the amendment be adopted.

The amendment was adopted.

There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.

S. 298 -- Senator Hayes: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-26-35 SO AS TO PROVIDE THAT FOR PURPOSES OF THE PRACTICE TEACHING REQUIREMENT NECESSARY FOR TEACHER CERTIFICATION, A TEACHER WITH AT LEAST FIVE YEARS TEACHING EXPERIENCE IN A CRITICAL NEEDS CURRICULA IN AN ACCREDITED PRIVATE OR PAROCHIAL SCHOOL IN THIS STATE IS ENTITLED TO RECEIVE A WAIVER FROM THE PRACTICE TEACHING REQUIREMENT IN THE SAME MANNER A TEACHER IN THE PUBLIC SCHOOLS OF THIS STATE IN THE CRITICAL NEEDS CERTIFICATION PROGRAM MAY RECEIVE SUCH A WAIVER.

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

Amend the report, as and if amended, on page 1 after the phrase /regional accrediting association/ by inserting:

/with comparable standards/.

Amend title to conform.

The Committee on Education proposed the following amendment (S-EDUC\298.001), which was adopted:

Amend the bill, as and if amended, by striking all after the enacting words and inserting:

/SECTION 1. The 1976 Code is amended by adding:

"Section 59-26-30 (q) An individual with five years teaching experience in a private or parochial school accredited by the South Carolina Independent Schools Association or a regional accrediting association who has successfully completed an approved teacher training program at a college or university, except for practice teaching, and who has passed the examinations required for certification purposes shall be awarded a teaching certificate, provided that the candidate submits in writing at least two professional recommendations from current or former supervisors or administrators attesting to his satisfactory performance as a teacher."

SECTION 2. This act takes effect upon approval by the Governor./

Amend title to conform.

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

H. 3733 -- Reps. Elliott, Inabinett, G. Brown, Neilson, Hines, Cain, Wright, Lloyd, Littlejohn, Jaskwhich, T. Brown, Govan, Stoddard, Bailey, Jennings, Rhoad, Phillips, Meacham, Kinon, Davenport and Chamblee: A BILL TO AMEND SECTION 27-40-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS UNDER THE RESIDENTIAL LANDLORD AND TENANT ACT, SO AS TO ADD CERTAIN LANGUAGE TO THE DEFINITION OF "FAIR-MARKET RENTAL VALUE", AND ADD A DEFINITION FOR "SECURITY DEPOSIT"; TO AMEND SECTION 27-40-240, RELATING TO NOTICE PROVISIONS UNDER THE RESIDENTIAL LANDLORD AND TENANT ACT, SO AS TO, AMONG OTHER THINGS, CLARIFY CERTAIN REFERENCES, AND DELETE THE REFERENCE TO A REPEALED CODE SECTION; TO AMEND

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

Amend the bill, as and if amended, page 2, beginning on line 32, in Section 27-40-210, as contained in SECTION 2, by striking lines 32 through 35 in their entirety and inserting therein the following:

/"(18) `security deposit' means a monetary deposit from the tenant to the landlord which is held in trust by the landlord to secure the full and faithful performance of the terms and conditions of the lease agreement as provided in Section 27-40-410."/.

Amend the bill further, as and if amended, page 3, line 32, in Section 27-40- 530, as contained in SECTION 4, by striking /may/ and inserting /shall/.

Amend the bill further, as and if amended, page 3, beginning on line 38, in Section 27-40-650(b), as contained in SECTION 5, by striking lines 38 through 42 in their entirety and inserting therein the following:

/"(b) Unless the fire or casualty was due to the tenant's negligence or otherwise caused by the tenant, If if the rental agreement is terminated, the landlord shall return security recoverable under Section 27-40-410 and all prepaid rent. Accounting for rent in the event of termination or apportionment must be made as of the date of the fire or casualty. A landlord may withhold the tenant's security deposit or prepaid rent if the fire or casualty was due to the tenant's negligence or otherwise caused by the tenant; however, if the landlord withholds a security deposit or prepaid rent, he must comply with the notice requirement in Section 27-40- 410(a)."/

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.

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

Senator COURSON asked unanimous consent to take the Bill up for immediate consideration.

There was no objection.

The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment (22030SD.95) proposed by Senator COURSON and previously printed in the Journal of May 25, 1995.

The previously printed amendment was withdrawn.

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

On motion of Senator COURSON, H. 3685 was ordered to receive a third reading on Tuesday, May 30, 1995.

H. 4158 -- Ways and Means Committee: A BILL TO AMEND SECTIONS 12-4-710 AND 12-4-720, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS OF THE DEPARTMENT OF REVENUE AND TAXATION WITH RESPECT TO PROPERTY TAX EXEMPTIONS AND THE METHOD OF APPLYING FOR THE EXEMPTIONS, SO AS TO REVISE OR EXTEND THE TIME FOR FILING EXEMPTION APPLICATIONS AND ADD ADDITIONAL CATEGORIES OF EXEMPTIONS FOR WHICH NO APPLICATION IS REQUIRED; TO PROVIDE THAT LISTING A PROPERTY AS EXEMPT ON A PROPERTY TAX RETURN IS CONSIDERED AN APPLICATION; TO REQUIRE PROPERTY TAXPAYERS FILING PROPERTY TAX RETURNS TO CLAIM THE EXEMPTION ON THE RETURN FOR EACH YEAR THE PROPERTY IS EXEMPT; AND TO PROVIDE WHEN ADDITIONAL APPLICATIONS MUST BE FILED BY TAXPAYERS NOT REQUIRED TO FILE ANNUAL PROPERTY TAX RETURNS; AND TO AMEND SECTION 12-37-220, AS AMENDED, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO CONFORM IT TO THE AMENDMENTS MADE BY THIS ACT AND TO EXTEND THE

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

H. 3984 -- Reps. Cotty, Sheheen, Baxley, Boan and Wilkes: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 12 TO CHAPTER 25, TITLE 50, SO AS TO PROVIDE RESTRICTIONS FOR MOTORBOATS ON LAKE WATEREE.

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

Senator DRUMMOND, Chairman of the Senate Finance Committee, was recognized to give a status report regarding the work of the Committee of Conference.

Senator J. VERNE SMITH was recognized to speak on the report.

Senator PEELER was recognized to speak on the report.

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

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.

Senator McCONNELL argued in favor of the adoption of the amendment.

On motion of Senator McCONNELL, with unanimous consent, leave was granted to Senators HOLLAND, COURSON and MOORE to attend a meeting of a Committee of Conference on S. 219 and to be counted in any quorum calls.

There was no objection and the motion was adopted.

On motion of Senator LEATHERMAN, with unanimous consent, leave was granted to Senators DRUMMOND, J. VERNE SMITH and PEELER to attend a meeting of a Committee of Conference on H. 3362 (the General Apporopriation Bill) and to be counted in any quorum calls.

There was no objection and the motion was adopted.

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            Gregory          Hayes

Holland           Jackson          Land

Lander            Leatherman       Leventis

Martin            Matthews         McConnell

McGill            Mescher          Moore

O'Dell            Passailaigue     Patterson

Peeler            Rankin           Reese

Richter           Rose             Russell

Ryberg            Saleeby          Setzler



Printed Page 3278 . . . . . Monday, May 29,
1995

Short             Smith, G.Smith, J.V.

Stilwell          Thomas           Waldrep

Wilson

A quorum being present, the Senate resumed.

Senator LEATHERMAN argued contra to the adoption of the amendment.

Senator PASSAILAIGUE argued in favor of the adoption of the amendment.

Senator PEELER assumed the Chair.

Senator LEATHERMAN moved to lay the amendment on the table.

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

Bryan             Cork             Courtney

Drummond          Ford             Glover

Hayes             Jackson          Land

Lander            Leatherman       Matthews

McGill            Rankin           Ryberg

Saleeby           Short            Smith, J.V.

Stilwell          Williams

Alexander         Courson          Elliott

Giese             Gregory          Leventis

Martin            McConnell        Mescher

O'Dell            Passailaigue     Patterson

Peeler            Reese            Richter

Rose              Russell          Setzler

Smith, G.         Thomas           Waldrep

Wilson

The PRESIDENT assumed the Chair.

Senator LEATHERMAN argued contra to the adoption of the amendment.

Senator PASSAILAIGUE argued in favor of the adoption of the amendment and Senator LAND argued contra.

Senator LAND moved to lay the amendment on the table.

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

Bryan             Cork             Courtney

Ford              Glover           Hayes

Holland           Jackson          Land

Lander            Leatherman       Matthews

McGill            Moore            Rankin

Ryberg            Short            Smith, G.

Smith, J.V.       Stilwell         Waldrep

Williams

Alexander         Courson          Elliott

Giese             Gregory          Leventis

Martin            McConnell        Mescher

O'Dell            Passailaigue     Patterson

Peeler            Reese            Richter

Rose              Russell          Setzler

Thomas            Wilson

The amendment was laid on the table.

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