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(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."

B. Subject to Part I of this act, Section 12-37-253 of the 1976 Code, as added by this section, is effective for property tax years beginning after 1995.

SECTION 7. A. 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."

B. 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 fiscal year 1997-98. Eighty percent of the revenues from sales taxes imposed by this subsection must be credited to the general fund of this State and the remainder must be credited to the Education Improvement Act Fund.

SECTION 8. Section 1 of this act takes effect upon approval by the Governor. The remaining provisions of this act take effect January 1, 1996, or as otherwise stated, but only upon 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 this act./

Renumber sections to conform.

Amend totals and title to conform.

Senator LEATHERMAN explained the amendment.

Senator WILSON raised a Point of Order that the Bill was out of order inasmuch as it violated the provisions of Section 15 of Article III of the Constitution.

The ACTING PRESIDENT overruled the Point of Order.

Senator WILSON objected to further consideration.

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.

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

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

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

Senator LEATHERMAN moved that the Bill be placed in the status of Interrupted Debate.

Senator WILSON made a Parliamentary Inquiry as to whether or not the motion to place the Bill in the status of Interrupted Debate was subject to the provisions that the Bill must have been on the Calendar a minimum of six statewide legislative days.

The PRESIDENT stated that the provision only applied to a motion to make a Bill a Special Order.

Senator WILSON made a Parliamentary Inquiry as to whether or not the motion to place the Bill in the status of Interrupted Debate required unanimous consent.

The PRESIDENT stated that it required unanimous consent.

Senator WILSON objected to the motion to place the Bill in the status of Interrupted Debate.

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,

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

Senator WILSON 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 for a minimum of six statewide legislative days.

The PRESIDENT sustained the Point of Order.

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

THE SENATE PROCEEDED TO THE SPECIAL ORDERS.

H. 3613 -- Reps. Wilkins, Huff, Delleney, Knotts, Townsend, Limehouse, Keegan, Witherspoon, Fleming, Marchbanks, Tripp, Felder, Lanford, Herdklotz, Easterday, A. Young, Hallman, Law, Limbaugh, Cotty, Thomas, Harrell, Sandifer, Sharpe, Fair, Haskins, Richardson, Fulmer, J. Young, Chamblee, Riser, Cain, Jaskwhich, Beatty, R. Smith, Simrill, Walker, Robinson, Rice, Dantzler, Stille, Stuart, Wofford, Wells, Trotter, Mason, Clyburn, Harrison, Klauber, Cato, Vaughn, Martin, Davenport and Kirsh: A BILL TO ENACT THE SOUTH CAROLINA FAMILY INDEPENDENCE ACT OF 1995 SO AS TO ESTABLISH THE WELFARE POLICY OF THE STATE.

Senator WILSON spoke on the Bill.

Senator McCONNELL proposed the following Amendment No. A (JUD3613.001), which was adopted:

Amend the committee report, as and if amended, page [3613-6], beginning on line 6, as contained in Section 20-7-853, by striking lines 6 through 28 and inserting therein the following:

/"Section 20-7-852. (A) In any proceeding in which for the award of child support is in issue, there is a rebuttable presumption that the amount of the award which would result from the application of those the guidelines required under Section 43-5-580(b) is the correct amount of the child support to be awarded. However, a A different amount may be awarded upon a showing that application of the guidelines in a particular case would be unjust or inappropriate. When the court orders a child support award that varies significantly from the amount resulting from the application of the guidelines, the court shall make specific, written findings of those facts upon which it bases its conclusion supporting that award. Findings that rebut the guidelines must state the amount of support that would have been required under the guidelines and include a justification of why the order varies from the guidelines.

(B) Application of these guidelines to an existing child support order, in and of itself, is not considered a change in circumstances for the modification of that existing order, except in a Title IV-D case.

(C) The court shall consider the following factors which may be possible reasons for deviation from the guidelines or may be used in determining whether a change in circumstances has occurred which would require a modification of an existing order:

(1) educational expenses for the child or children or the spouse, to include those incurred for private, parochial, or trade schools, other secondary schools, or post-secondary education where there is tuition or related costs;

(2) equitable distribution of property;

(3) consumer debts;
(4) families with more than six children;

(5) unreimbursed extraordinary medical or dental expenses for the noncustodial or custodial parent;

(6) mandatory deduction of retirement pensions and union fees;

(8) child-related unreimbursed extraordinary medical expenses;

(9) monthly fixed payments imposed by a court or operation of law;

(10) significant available income of the child or children;

(11) substantial disparity of income in which the noncustodial parent's income is significantly less than the custodial parent's income, thus making it financially impracticable to pay what the guidelines indicate the noncustodial parent should pay;

(12) alimony. Because of their unique nature, lumpsum, rehabilitative, reimbursement, or any other alimony that the court may award, may be considered by the court as a possible reason for deviation from these guidelines;
(13) agreements reached between parties. The court may deviate from the guidelines based on an agreement between the parties if both parties are represented by counsel or if, upon a thorough examination of any party not represented by counsel, the court determines the party fully understands the agreement as to child support. The court still has the discretion and the independent duty to determine if the amount is reasonable and in the best interest of the child or children.

(C) (D) Pursuant to Section 43-5-580(b), the department shall promulgate regulations which include addressing establish child support guidelines as a rebuttable presumption. The department shall review these regulations at least once every four years to insure ensure that their application results in appropriate child support award amounts."/

Amend title to conform.

Senator SHORT explained the amendment.

The amendment was adopted.

Senator SHORT proposed the following Amendment No. B (3613R003.LHS), which was adopted:

Amend the committee report, as and if amended, page 3613-2, by striking line 40 in its entirety and inserting in lieu thereof the following:

/(B) Notwithstanding subsection (A), the tax credit authorized by this section shall not be allowed unless the taxpayer has complied with Section 20-7- 1315.

Amend title to conform.

The amendment was adopted.

Senators RYBERG and WASHINGTON proposed the following Amendment No. C (3613R007.WGR), which was adopted:

Amend the committee report, as and if amended, page 3613-2, by striking lines 26 through 40 and inserting in lieu thereof the following:

/SECTION . Chapter 7, Title 12 of the 1976 Code is amended by adding:

Section 12-7-1280. (A) A taxpayer, who employs a person who within twelve months of becoming employed received Aid to Families with Dependent Children is allowed a credit against taxes due under this chapter for wages paid to the employee in an amount equal to:

(1) twenty percent of wages up to five thousand dollars paid for the first year of employment;

(2) fifteen percent of wages up to five thousand dollars paid for the second year of employment;

(3) ten percent of wages up to five thousand dollars paid for the third year of employment.

(B) The tax credit provided by subsection (A) shall not be allowed unless the taxpayer also makes available health care coverage for the benefit of each employee for which the credit is claimed.

(C) The Department of Social Services and the South Carolina Employment Security Commission must make information available to employers interested in hiring AFDC recipients and must provide documentation to employers verifying a person's status as an AFDC recipient.

(D) This section applies to tax years beginning after 1994./

Amend title to conform.

Senator RYBERG explained the amendment.

The amendment was adopted.

Senator SHORT proposed the following Amendment No. D (3613R009.LHS), which was adopted:

Amend the committee amendment, as and if amended, page 3613-3, by striking lines 5-18 and inserting the following:

/This program must include a family planning assessment if it is determined by the department that an assessment is appropriate. The department shall coordinate with the Department of Health and Environmental Control to provide the AFDC family with education, evaluation, and counseling, consistent with Medicaid regulations, on available voluntary methods of limiting family size. State funds appropriated for family planning must not be used to pay for an abortion./

Amend the committee amendment further, page 3613-4, by striking lines 25-35.

Amend title to conform.

The amendment was adopted.

On motion of Senator MARTIN, with unanimous consent, Amendment No. 10 was taken up for immediate consideration.

Senator MARTIN proposed the following Amendment No. 10 (3613R013.LAM), which was adopted:

Amend the committee amendment, as and if amended, page 3613-6, line 35, after the word /to/ by inserting the following: /voluntarily/.

Amend the committee amendment further, as and if amended, page 3613-6, line 41, by deleting /shall/ and inserting /may/.

Amend the committee amendment further, as and if amended, page 3613-7, line 13, by deleting /required to report/ and inserting /who voluntarily reports/.

Amend the committee amendment further, page 3613-8, by deleting lines 1-3 and inserting the following:

/Information received by the South Carolina Employment Security Commission received from employers which includes information contained in the reports provided for in this section shall transmit this

Amend title to conform.

Senator MARTIN explained the amendment.

The amendment was adopted.

Senator SHORT proposed the following Amendment No. 6 (JIC\5788AC.95), which was adopted:

Amend the committee report, as and if amended, Part II, Section 6, page 3613- 2, by inserting after line 39:

/No tax credit may be taken under this section if the position filled by the former AFDC recipient was made available due to the termination or forced resignation of an employee for the purpose of obtaining the tax credit. Nothing in this section creates a private cause of action which does not otherwise exist at law./

Renumber sections to conform.

Amend title to conform.

Senator SHORT explained the amendment.

The amendment was adopted.

Senators THOMAS and WASHINGTON proposed the following Amendment No. 11 (PFM\7489AC.95), which was adopted:

Amend the committee report, as and if amended, page 3613-8, by adding an appropriately numbered SECTION to an unnumbered part entitled "Administrative Reforms" to read:

/SECTION ___. Section 43-3-40 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 43-3-40. (A) The director shall select a director for each county department, referred to in Chapters 1, 3, 5, 7, 9, 19, and 23 as the county director, to discharge the duties of such office and may select regional directors to oversee the county directors. The salaries of county directors and any regional directors shall be fixed by the director. In fixing the these salaries of the various county directors the director shall consider the individual qualifications of the respective directors and the possibilities of their individual positions. The county director shall be the

(B) Regional and county directors serve at the pleasure of the Director of the State Department of Social Services. A director who elects not to serve or who is removed from the position of director must be offered an available classified position within the department commensurate with the person's experience and training."/

Renumber sections to conform.

Amend title to conform.

Senator THOMAS explained the amendment.

Senator THOMAS moved that the amendment be adopted.

The amendment was adopted.

The question then was the adoption of the committee amendment.

The General Committee proposed the following amendment (BR1\18363AC.95), which was adopted, as perfected:

Amend the bill, as and if amended, Part I, page 3, by deleting Section 2 and inserting:

/SECTION 2. It is the policy of this State that personal responsibility and parental responsibility must be met if citizens are to attain independence. Further, it is the policy of this State that the welfare system must be based upon a reciprocal agreement between welfare recipients and taxpayers. There also must exist a common goal and vision between the parties, working together at the community level to make life better for all. It must assist families to become economically independent, provide tools to achieve and maintain self-sufficiency, and deter abuse of the system through fair and meaningful sanctions./

Amend further, Part III, page 5, Section 2(A), by inserting on page 5 after /specialists/ on line 13 /and authorizes the department to locate, identify, and contract for employment for and on behalf of AFDC recipients/.

Amend further, Part III, Section 2, page 6 by adding at the end of the section:

/(D) The department through its training programs shall provide information about the value of family planning services to reproductive age participants and shall require training program placement staff actively to seek the participation of employers or potential employers in an

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