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(i) physical or sexual abuse,

(ii) evidence of the primary aggressor,

(iii) evidence of self defense;

(b) abuse of alcohol or drugs."

SECTION 2. Article 11, Chapter 7, Title 20 of the 1976 Code, as last amended by Act 395 of 1994, is further amended by adding:

Section 20-7-1557. (A) A court may award visitation by a parent who committed domestic or family violence only if the court finds that adequate provision for the safety of the child and the parent who is a victim of domestic or family violence can be made.

(B) In a visitation order, a court may:

(1) order an exchange of a child to occur in a protected setting;

(2) order visitation supervised by another person or agency;

(3) order the perpetrator of domestic or family violence to attend and complete, to the satisfaction of the court, a program of intervention for perpetrators or other designated counseling as a condition of the visitation;

(4) order the perpetrator of domestic or family violence to abstain from possession or consumption of alcohol or controlled substances during the visitation and for twenty-four hours preceding the visitation;

(5) order the perpetrator of domestic or family violence to pay a fee to defray the costs of supervised visitation;

(6) prohibit overnight visitation;

(7) require a bond from the perpetrator of domestic or family violence for the return and safety of the child;

(8) impose any other condition that is considered necessary to provide for the safety of the child, the victim of domestic or family violence, or other family or household member.

(C) If visitation is not allowed or is allowed in a restricted manner to provide for the safety of the child or the parent who is a victim of domestic or family violence, the court may order the address of the child and the victim to be kept confidential.

(D) The court may refer but shall not order an adult who is a victim of domestic or family violence to attend counseling relating to the victim's status or behavior as a victim individually or with the perpetrator of domestic violence as a condition of receiving custody of a child or as a condition of visitation.

SECTION 3. This act takes effect upon approval by the Governor./

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. 786 -- Senators Hayes, Peeler, Short and Gregory: A BILL TO AMEND ACT 959 OF 1954, AS AMENDED, RELATING TO THE CREATION OF THE YORK COUNTY NATURAL GAS AUTHORITY, SO AS TO EXPAND THE SERVICE AREA TO A PORTION OF CHEROKEE COUNTY; TO INCREASE THE BOARD OF DIRECTORS OF THE AUTHORITY FROM SIX TO TEN MEMBERS AND CHANGE ITS COMPOSITION; TO PROVIDE THAT ANY MEMBER OF THE AUTHORITY HAVING THREE UNEXCUSED ABSENCES DURING A CALENDAR YEAR MUST BE REMOVED BY THE GOVERNOR; TO AUTHORIZE THE AUTHORITY TO PURCHASE, MANUFACTURE, PRODUCE, AND TRANSPORT LIQUEFIED NATURAL GAS, COMPRESSED NATURAL GAS, OR PROPANE; TO CORRECT ARCHAIC REFERENCES; TO AUTHORIZE THE AUTHORITY TO ESTABLISH A RESERVE FUND; TO DELETE THE REQUIREMENT THAT ALL UNENCUMBERED REVENUES FROM THE SYSTEM BE PAID OVER TO YORK COUNTY AND THE MUNICIPALITIES SERVED BY THE AUTHORITY AND PROVIDE THAT THESE FUNDS MUST BE USED INSTEAD TO EXPAND THE SYSTEM OR TO REDUCE CUSTOMER RATES; AND TO PROVIDE THAT THE AUTHORITY MUST DURING THE MONTH OF DECEMBER OF EACH YEAR CONDUCT AN ANNUAL MEETING OF THE MEMBERS OF THE COUNTY LEGISLATIVE DELEGATION, COUNTY COUNCIL, AND MUNICIPAL COUNCILS FOR THE PURPOSE OF REPORTING THE PREVIOUS YEAR'S ACTIVITIES AND FUTURE EXPANSION PLANS OF THE AUTHORITY.

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 1, page 2, line 8, by striking /The authority is authorized/ and inserting /Act 959 authorized the authority/.

Amend further, SECTION 1, by striking subsection (B), page 2, beginning on line 13, and inserting:

/(B)(1) The General Assembly has found that it is in the best interest of the authority and the citizens of York County and Cherokee County to expand the boundaries of the authority so that it includes all of York County and the northeast portion of Cherokee County. Except for areas served by the Town of Blacksburg, there is presently no natural gas service available in northeastern Cherokee County, despite there being a great demand for this service from individuals and industry located in it.

(2) The Town of Blacksburg does not currently have the resources to construct all of the transmission lines which are needed to serve this area of Cherokee County, but in cooperation with the authority, anticipates being able to construct sufficient distribution lines which are necessary to serve end users in the area when such service is feasible. The provision of natural gas service in northeastern Cherokee County also will enhance economic development activities in that county. The authority, in the northeastern portion of Cherokee County, is authorized in cooperation with the Town of Blacksburg to provide natural gas services as more fully described in this act./

Amend further, Section 1, as contained in SECTION 2, page 3, by inserting before the /./ on line 19: /subject to the provisions provided in Section 2 of this act/; by inserting after the /./ on line 34: /The authority may furnish, transport, and distribute natural gas, liquified natural gas (LNG), compressed natural gas (CNG), and propane service throughout the service area of the authority./; and by inserting after the (,) on line 41: /or/.

Amend further by striking Section 2, as contained in SECTION 2, page 4, beginning on line 4, and inserting:

/Section 2. The authority shall be empowered to furnish natural gas service throughout the County of York, and, for the purposes of this Act, the area of such county shall constitute the service area of the authority. (A)The service area of the authority includes all of York County and each municipality within the county, all the Town of Smyrna to include that portion of the town which is within the boundaries of Cherokee County, and that portion of Cherokee County beginning at the intersection of the Broad River, the York County line, and the Cherokee County lines;

(B) The Town of Blacksburg owns and operates a gas system which is capable of providing gas service to the portion of the service area of the authority in Cherokee County except for the portion located in the Town of Smyrna. The town is responsible for the distribution of gas to end users located in such service area and may supply this gas service either through its transmission lines and distribution lines or by connecting its distribution lines to the transmission lines of the authority upon the payment of a reasonable tap fee and a reasonable transportation charge to the authority for the use of its transmission lines./

Amend further, Section 3, as contained in SECTION 2, page 4, line 37, by striking /their/ and inserting: /the/.

Amend further, Section 4(e), as contained in SECTION 2, page 6, by inserting after /systems/ on line 11, /and transmission lines/.

Amend further, Section 4(f), as contained in SECTION 2, page 6, by striking lines 17 and 18 and inserting:

/both liquefied natural gas, compressed natural and propane,, and to enter into contracts for the acquisition of such this gas,/.

Amend further, Section 4(o), page 8, line 23, by striking /authority/ and inserting:

/authority board/.

Amend further, page 1, line 22, by striking /OR/ and inserting /AND/.

Amend title to conform.

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

On motion of Senator HAYES, S. 786 was ordered to receive a third reading on Friday, May 12, 1995.

H. 3023 -- Reps. Byrd, Baxley, Lloyd and Cromer: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 10 TO TITLE 44, CHAPTER 43, SO AS TO ESTABLISH THE ORGAN AND TISSUE DONOR PROGRAM WITHIN THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL; AND TO ADD SECTION 56-1-143 SO AS TO PROVIDE THAT THE DEPARTMENT OF REVENUE AND TAXATION SHALL OFFER PERSONS OBTAINING OR RENEWING A DRIVER'S LICENSE THE OPPORTUNITY TO CONTRIBUTE ONE DOLLAR TO THE ORGAN AND TISSUE PROGRAM AND THESE FUNDS MUST BE CREDITED TO AN ACCOUNT IN THE STATE TREASURER'S OFFICE FOR USE BY THE DEPARTMENT FOR THIS PROGRAM.

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

Senator SETZLER proposed the following amendment (S-EDUC\3023.01), which was adopted:

Amend the bill, as and if amended, on page 4, line 11, by striking lines 11 through 16 in their entirety.

Renumber items to conform.

Amend title to conform.

Senator SETZLER explained the amendment.

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

H. 3758 -- Reps. Cotty and Kinon: A BILL TO AMEND SECTION 1-3-480, CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO AUTHORIZE THE GOVERNOR, WITH THE CONSENT OF CONGRESS, TO ENTER INTO COMPACTS AND AGREEMENTS FOR THE DEPLOYMENT OF THE NATIONAL GUARD WITH GOVERNORS OF OTHER STATES CONCERNING DRUG INTERDICTION AND RELATED ACTIVITIES; AND BY ADDING SECTION 1-3-490 SO AS TO ADOPT THE NATIONAL GUARD MUTUAL ASSISTANCE COUNTERDRUG ACTIVITIES COMPACT TO PROVIDE FOR MUTUAL ASSISTANCE AND SUPPORT AMONG THE PARTY STATES IN THE UTILIZATION OF THE NATIONAL

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 (JUD3758.002), which was adopted:

Amend the bill, as and if amended, page 1, beginning on line 37, by striking lines 37 through 42 in their entirety and inserting therein the following:

/4 U.S.C. Section 112. Now, therefore,/.

Amend the bill further, as and if amended, page 2, line 7, in Section 1-3- 480, as contained in SECTION 1, by striking line 7 and inserting therein the following:

/"Section 1-3-480. (A) The Governor, as Commander-in-Chief of the/.

Amend the bill further, as and if amended, page 3, line 32, in Section 1-3- 490, subsection (A) of Article II, as contained in SECTION 2, by striking the words /once adopted/ and inserting therein the word

/when enacted/.

Amend the bill further, as and if amended, page 9, beginning on line 33, as contained in SECTION 3, by striking lines 33 through 35 in their entirety and inserting therein the following: /congressional consent is given./.

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. 514 -- Senators Rankin, Greg Smith, Rose, Land and Elliott: A BILL TO AMEND TITLE 4, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COUNTIES, BY ADDING CHAPTER 37 SO AS TO PROVIDE THAT COUNTIES ARE AUTHORIZED UPON FAVORABLE REFERENDUM TO ESTABLISH TRANSPORTATION AUTHORITIES TO FINANCE THE COST OF ACQUIRING, CONSTRUCTING, EQUIPPING, AND OPERATING HIGHWAYS, ROADS, STREETS, AND BRIDGES, EITHER ON THEIR OWN OR IN PARTNERSHIP WITH THE SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION; AND TO AMEND SECTION 57-5-1330 OF THE 1976 CODE, RELATING TO TURNPIKES, SO AS

On motion of Senator RANKIN, with unanimous consent, the Bill was recommitted to the Committee on Transportation.

S. 819 -- Senator Williams: A JOINT RESOLUTION TO PROVIDE THAT THE JOBS-ECONOMIC DEVELOPMENT AUTHORITY HAS UNTIL JUNE 30, 1995, TO RESPOND TO AN AUDIT CONDUCTED ON THE AUTHORITY BY THE LEGISLATIVE AUDIT COUNCIL.

On motion of Senator WILLIAMS, with unanimous consent, the Resolution was recommitted to the Committee on Judiciary.

H. 3101 -- Reps. Shissias, Cromer, Wells, Kelley, Spearman, Richardson, Gamble, Lloyd and Phillips: A BILL TO AMEND SECTION 20-7-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JURISDICTION OF FAMILY COURT, SO AS TO PROVIDE THAT CHILD SUPPORT MUST BE ORDERED WHEN A CHILD IS PAST AGE EIGHTEEN BUT BEFORE AGE NINETEEN WHEN THE CHILD IS IN HIGH SCHOOL AND MAKING PROGRESS TOWARD COMPLETING HIGH SCHOOL AND TO PROVIDE EXCEPTIONS.

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

Senator COURTNEY explained the amendment.

Senator THOMAS objected to further consideration of the Bill.

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

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

Senators LEATHERMAN, DRUMMOND, J. VERNE SMITH and JACKSON proposed the following amendment (JIC\5990HTC.95):

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

/SECTION 1. 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

[] 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'."

SECTION 2. 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 equal to that not collected in the jurisdiction for property taxes because of Section 12-37-253. If insufficient revenues are available in the Property Tax Relief Fund to pay the required reimbursements, the Comptroller General shall pay the difference from the general fund of the State. County treasurers and municipal governing bodies where appropriate shall file quarterly reports of estimated revenue losses with the Comptroller General in the manner and at the time the Comptroller General directs. After making any changes necessary to ensure accuracy, the Comptroller General shall make reimbursements based on these estimates. The final accounting for the fiscal year must be filed in the manner provided for homestead exemption reimbursements in Section 12-37-270, mutatis mutandis."

SECTION 3. 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;

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."

SECTION 4. A. 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.

B. Notwithstanding the date of general imposition of the tax imposed pursuant to Section 12-36-1110 of the 1976 Code, with respect to services that are regularly billed on a monthly basis, the tax is imposed beginning on the first day of the billing period beginning on or after January 1, 1996.

SECTION 5. 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."

SECTION 6. A. 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

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