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A dealer license plate is allowed on a motor vehicle which the dealer lends to a public or private school for use in a driver education program. A plate used for this purpose may be obtained without fee and without regard to the limit on plates issued pursuant to this section. When the motor vehicle is no longer used for driver education, the dealer shall surrender the plate to the department.

Notwithstanding the provisions of this section, a dealer exclusively selling heavy duty trucks at retail is eligible to obtain dealer license plates for exclusive use on the heavy duty trucks regardless of the number of trucks sold by him during the preceding required number of months. These dealer license plates for trucks must be noted with a distinct and separate identification and used only on heavy duty trucks. For purposes of this section, heavy duty trucks include trucks having a gross vehicle weight of sixteen thousand pounds or greater.

(B) For purposes of this section, the testing or demonstration of a truck as defined in Section 56-3-20(10) includes permitting a prospective buyer to use the truck for carrying merchandise or cargo for not more than three days upon the dealer providing the buyer with a special demonstration certificate for this purpose. The form and content of the demonstration certificate must be as prescribed by regulation of the department which also shall provide certificates to dealers upon their request. The original certificate must be kept by the buyer in the cab of the truck during the three-day demonstration period, and the dealer shall retain a copy of the certificate and mail a copy of the certificate to the department within twenty-four hours after it is issued to the buyer."/

Renumber sections to conform.

Amend title to conform.

Senator REESE asked unanimous consent to withdraw the amendment.

There was no objection.

The amendment was withdrawn.

The following Bills having been read the second time were ordered placed on the third reading Calendar:

S. 879 -- Senator Martin: A BILL TO AMEND SECTION 7-7-450, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE VOTING PRECINCTS FOR PICKENS COUNTY, SO AS TO CONSOLIDATE THE UNIVERSITY PRECINCT AND THE FORT HILL PRECINCT IN PICKENS COUNTY INTO A SINGLE PRECINCT ENTITLED THE "FORT HILL" PRECINCT.

(By prior motion of Senator ALEXANDER)

H. 4203 -- Reps. Stille, Carnell, McAbee and Townsend: A BILL TO AMEND SECTION 7-7-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN ABBEVILLE COUNTY, SO AS TO REDESIGNATE THE PRECINCTS.

On motion of Senator O'DELL, H. 4203 was ordered to receive a third reading on Thursday, June 1, 1995.

H. 4015 -- Rep. Wilkins: A BILL TO AMEND SECTION 33-37-260, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AMENDMENTS TO CHARTERS FOR BUSINESS DEVELOPMENT CORPORATIONS, SO AS TO DELETE THE PROVISION PROHIBITING THE CREATION OF NEW CLASSES OF STOCK; TO AMEND SECTION 33-37-410, RELATING TO MEMBERS, STOCKHOLDERS, AND BONDHOLDERS OF THE CORPORATIONS, SO AS TO CLARIFY THE AUTHORIZED INVESTORS AND INVESTMENT LIMITS; TO AMEND SECTION 33-37-450, RELATING TO VOTING BY STOCKHOLDERS AND MEMBERS OF THE CORPORATION, SO AS TO REVISE THE PROVISIONS TO MAKE THEM CONSISTENT AND COMPATIBLE WITH HAVING NEW CLASSES OF STOCK; TO AMEND SECTION 33-37-460, AS AMENDED, RELATING TO LOANS TO THE CORPORATION, SO AS TO REVISE THE PROVISIONS FOR LOAN LIMITS AND

Senator WILSON explained the Bill.

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

H. 3639 -- Reps. Harrison, Jennings, Harwell, Shissias, Klauber and Knotts: A BILL TO AMEND SECTION 20-7-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JURISDICTION OF THE FAMILY COURT IN DOMESTIC MATTERS, SO AS TO PERMIT COURT-MANDATED MEDIATION AS WELL AS CONSENSUAL MEDIATION IN THE FAMILY COURTS.

Senator STILWELL 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 third reading of the Bill.

Senator STILWELL proposed the following amendment (JUD3639.010):

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

/SECTION ___. Section 15-78-30(c) of the 1976 Code of Laws is amended to read:

"(c) Prior to January 1, 1989, `Employee' means any officer, employee, or agent of the State or its political subdivisions, including elected or appointed officials, law enforcement officers, and persons acting on behalf or in service of a governmental entity in the scope of official duty, whether with or without compensation, but the term does not include an independent contractor doing business with the State or any political subdivision thereof. Custody of prisoners by the State or any of its political subdivisions does not in and of itself create an employer and

On or after January 1, 1989, `Employee' means any officer, employee, or agent of the State or its political subdivisions, including elected or appointed officials, law enforcement officers, and persons acting on behalf or in service of a governmental entity in the scope of official duty, whether with or without compensation, and volunteers in a public guardian ad litem program serving without compensation or with nominal compensation, but the term does not include an independent contractor doing business with the State or any political subdivision thereof. Custody of prisoners by the State or any of its political subdivisions does not in and of itself create an employer and employee relationship between the State and the prisoner. Provided, the provisions of this section shall in no way limit or modify the liability of a licensed physician or dentist, acting within the scope of his profession, with respect to any action or claim brought hereunder which involved services for which the physician or dentist was paid, should have been paid, or expected to be paid at the time of the rendering of the services from any source other than the salary appropriated by the governmental entity or fees received from any practice plan authorized by the employer whether or not the practice plan is incorporated and registered with the Secretary of State."

SECTION ___. Section 15-78-60 of the 1976 Code is amended by adding a new item to read:

"(32) acts and omissions of volunteers in public guardian ad litem programs serving without compensation or with nominal compensation and acting within the scope of their responsibilities as court-appointed guardians ad litem, when such acts or omissions are done in good faith, and do not constitute gross negligence, recklessness, wilfulness, or wantonness."

SECTION ___. Article 3, Chapter 7, Title 20 of the 1976 Code is amended by adding:

Section 20-7-105. A person serving by court appointment as a guardian ad litem under this section, and who is not covered by the immunity provision of Section 15-78-60(32), is immune from civil liability when acting within the scope of his responsibilities as a court-appointed guardian ad litem for acts or omissions done in good faith which do not constitute gross negligence, recklessness, wilfulness, or wantonness.

(1) the wishes of the parties;

(2) the age of the child;

(3) the nature of the proceeding, including the contentiousness of the hearing;

(4) the financial resources of the parties;

(5) the extent a guardian ad litem may assist in providing information concerning the best interests of the child; and

(6) other factors the court determines relevant.

(B) The court shall specify the duties of the guardian ad litem. If, in order to perform the assigned duties, the guardian needs information concerning the child or parents, the court may order the parent to sign an authorization form allowing the release of the necessary information. The duties of the guardian ad litem may include the following:

(1) interviewing the child with or without another person present;

(2) interviewing the parents, teachers, and other people who have knowledge of the child or family;

(3) reviewing mental health, medical, and school records of the child;

(4) reviewing mental health and medical records of the parents;

(5) retaining an attorney to represent the guardian ad litem in the pending proceeding, with approval of the court;

(6) subpoenaing witnesses and documents and examining and cross-examining witnesses;

(7) serving as a contact person between the parents and the child;

(8) making a written report of investigations, findings, and recommendations, with copies of the report to each party and the court; and

(9) other duties that the court determines necessary.

(C) The guardian ad litem's standard of duty must be guided by the best interests of the child.

(D) A written report of a guardian ad litem may be admitted as evidence in the proceeding for which the guardian was appointed only if the party seeking the admission of the report has furnished a copy to all parties at least five days prior to the hearing. The report may not be admitted as evidence without the testimony of the guardian ad litem if a

(E) Payment for the services of the guardian ad litem is the responsibility of the parties, as ordered by the court. In determining the responsibility for payment, the court shall consider:

(1) the income of the parties;

(2) the marital and nonmarital assets of the parties;

(3) the division of property made as part of the final divorce;

(4) which party requested appointment of a guardian; and

(5) other relevant factors."

SECTION ___. Section 20-7-127 of the 1976 Code is repealed./

Amend title to conform.

Senator STILWELL explained the amendment.

Senator STILWELL asked unanimous consent to withdraw the amendment.

There was no objection.

The amendment was withdrawn.

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. 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 RANKIN argued in favor of the adoption of the amendment.

Senator RANKIN moved that the amendment be adopted.

Senator LEATHERMAN argued contra to the adoption of the amendment.

At 5:15 P.M., Senator GLOVER assumed the Chair.

Senator LEATHERMAN continued arguing contra to the adoption of the amendment.

Senator LEATHERMAN moved to lay the amendment on the table.

On motion of Senator THOMAS at 5:15 P.M., Senator RICHTER was granted a leave of absence until 6:00 P.M.

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

Bryan             Jackson          Land

Leatherman        Leventis         Martin

Matthews          McConnell        Mescher

O'Dell            Passailaigue     Rose

Ryberg            Saleeby          Short

Stilwell          Thomas           Waldrep

Washington

Alexander         Cork             Courson

Courtney          Giese            Gregory

Hayes             Lander           McGill

Moore             Patterson        Rankin



Printed Page 3547 . . . . . Wednesday, May 31,
1995

Reese             RussellSetzler

Smith, G.         Wilson

The amendment was laid on the table.

Senators PASSAILAIGUE, McCONNELL and ROSE proposed the following Amendment No. 12 (3901R014.ELP):

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

/SECTION . A. Article 3, Chapter 37, Title 12 of the 1976 Code is amended by adding:

"Section 12-37-224. (A) In addition to property tax exemptions allowed pursuant to Section 12-37-220(B), there is allowed as an exemption from ad valorem taxation an amount of the fair market value of residential real property assessed pursuant to Section 12-43-220 equal to increases in fair market value resulting from reassessments occurring after the year the present owner acquired ownership except as provided herein. When the property is transferred, its value for purposes of ad valorem taxation is its fair market value at that time. This exemption does not extend to increases in fair market value attributable to permanent improvements made to the property. For purposes of this exemption, the acquisition of residential property assessed pursuant to Section 12-43-220(c) by a spouse by interspousal gift or by a surviving spouse from the deceased spouse by devise or operation of law is not considered a change of ownership.

(B) The Budget and Control Board must annually certify the change in the consumer price index in relation to the preceding year which must be used by the appropriate local governmental entity in changing the assessed value of real property within a county.

(C) A county may increase the assessed value of a parcel of real property not transferred pursuant to subsection (A) within a county by no more than the annual percentage increase in the consumer price index established pursuant to subsection (B). Nothing in this section shall compel a reassessment of real property in a county."

B. This section takes effect January 1, 1996, and applies with respect to increases in fair market value attributable to countywide reassessment programs implemented after 1985. No refunds must be paid for property

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

/SECTION . Except as otherwise provided in this act, this act shall take effect upon approval of the Governor./

Amend the bill further, as and if amended, page 2, line 16, by adding before the / ? / the following:

/and to provide that assessments of real property shall occur at transfer and equal the fair market value and to limit assessment increases of real property not transferred to no more than the consumer price index/

Amend the bill further, as and if amended, beginning on page 5, line 19, by striking SECTION 3 in its entirety.

Amend title to conform.

Senator PASSAILAIGUE explained the amendment.

The PRESIDENT assumed the Chair.

Senator PASSAILAIGUE explained the amendment.

Senator MOORE moved to carry over the Bill.

The Bill was carried over.

THE SENATE PROCEEDED TO THE MOTION PERIOD.

On motion of Senator MOORE, the Senate agreed that, when it adjourns today, it stand adjourned to meet at 10:00 A.M. on Thursday, June 1, 1995.

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

THE SENATE PROCEEDED TO THE ADJOURNED 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.

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

THE SENATE PROCEEDED TO THE SPECIAL ORDERS.

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.

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

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

H. 3225 -- Reps. Cooper, Townsend, Fulmer, A. Young, Witherspoon, Allison, Walker, Vaughn, D. Smith, Harrell, H. Brown, P. Harris, Waldrop, Lanford, Davenport, Wells, Haskins, Stille, Hallman, Chamblee, Carnell, Klauber, Wofford, Harrison, Quinn, Stuart, Cotty, Shissias, J. Harris, Wright, Riser, Knotts, Fair, Easterday, Marchbanks, Trotter, Cato, Robinson and Tripp: A CONCURRENT RESOLUTION TO RESTORE THE TENTH AMENDMENT TO THE CONSTITUTION FOR THE UNITED STATES IN SOUTH CAROLINA.

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