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On motion of Senator HAYES, S. 1274 was ordered to receive a third reading on Friday, March 22, 1996.

S. 981 -- Senators Giese, Passailaigue, Glover, Wilson, Lander, Rose, Leatherman, Elliott, Mescher and Washington: A JOINT RESOLUTION TO DIRECT THE JOINT LEGISLATIVE COMMITTEE ON AGING IN CONJUNCTION WITH THE HEALTH CARE PLANNING AND OVERSIGHT COMMITTEE, THE STATE DEPARTMENT OF HEALTH AND HUMAN SERVICES, THE DIVISION ON AGING, OFFICE OF THE GOVERNOR, AND THE DEPARTMENT OF REVENUE AND TAXATION TO STUDY THE EFFECT OF INMIGRATION ON HEALTH CARE COSTS AND OTHER AGING NETWORK SERVICES AND TAX POLICIES RELATIVE TO INMIGRANTS AND TO SUBMIT A REPORT AND RECOMMENDATIONS TO THE GENERAL ASSEMBLY BY JANUARY 1, 1997.

S. 1064 -- Senator McConnell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-13-460 SO AS TO AUTHORIZE THE USE OF PAPER BALLOTS IN ELECTIONS CONDUCTED TO FILL VACANCIES.

S. 1160 -- Senator Holland: A BILL TO AMEND SECTION 7-3-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REPORTS TO BE FURNISHED BY THE BUREAU OF VITAL STATISTICS, SO AS TO REQUIRE THAT THE BUREAU MUST FURNISH THE EXECUTIVE DIRECTOR OF THE STATE ELECTION COMMISSION WITH A MONTHLY REPORT OF PERSONS EIGHTEEN YEARS OF AGE OR OLDER WHO HAVE DIED INSTEAD OF PERSONS WHO ARE TWENTY-ONE YEARS OF AGE OR OLDER; TO AMEND SECTION 7-5-430, RELATING TO REGISTRATION BOOKS FOR GENERAL AND SPECIAL ELECTIONS, SO AS TO PROVIDE THAT A COUNTY BOARD OF REGISTRATION MUST FURNISH THE COUNTY ELECTION COMMISSIONERS WITH ONE REGISTRATION BOOK FOR EACH

S. 1213 -- Senator Holland: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE II, SECTION 4, OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO VOTER QUALIFICATIONS, SO AS TO DELETE THE REQUIREMENT THAT A CITIZEN OF THE UNITED STATES AND OF THIS STATE IS ENTITLED TO VOTE ONLY IN THE PRECINCT OF HIS RESIDENCE AND THAT ANY REGISTERED ELECTOR WHO HAS MOVED HIS PLACE OF RESIDENCE DURING THE THIRTY DAYS IMMEDIATELY PRIOR TO THE DATE OF AN ELECTION IS ENTITLED TO VOTE IN HIS PREVIOUS PRECINCT OF RESIDENCE.

Senator COURTNEY explained the Joint Resolution.

H. 3131 -- Rep. Hodges: A BILL TO REPEAL CHAPTER 19 OF TITLE 41, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONAL SERVICE CONTRACTS AND THE

H. 4354 -- Reps. Robinson, Walker, Allison, D. Smith, Simrill and Kirsh: A BILL TO AMEND SECTION 23-28-70, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RESERVE POLICE OFFICERS' DUTIES, SO AS TO NOT REQUIRE A RESERVE POLICE OFFICER TO BE ACCOMPANIED BY A FULL-TIME CERTIFIED SOUTH CAROLINA POLICE OFFICER, AND TO REQUIRE A RESERVE POLICE OFFICER TO BE IN PROXIMATE CONTACT WITH THE FULL-TIME OFFICER TO WHOM HE IS ASSIGNED.

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 (JUD4354.001), which was adopted:

Amend the bill, as and if amended, page 1, beginning on line 39, in Section 23-28-70, as contained in SECTION 1, by striking lines 39 and 40 in their entirety and inserting therein the following:

/for a minimum of two hundred forty hours and receive the approval of the chief or sheriff before he may work as provided in subsection (B)./.

Amend title to conform.

Senator MARTIN explained the amendment.

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

S. 480 -- Senator Courtney: A BILL TO AMEND SECTION 38-71-200, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION ON DISCRIMINATION IN ACCIDENT AND HEALTH INSURANCE POLICIES AND BENEFITS FOR CERTAIN LICENSED SERVICES, SO AS TO INCLUDE SERVICES OF A LICENSED MASTER SOCIAL WORKER, LICENSED INDEPENDENT SOCIAL WORKER, LICENSED

Senator LEATHERMAN asked unanimous consent to make a motion to be granted leave to withdraw his name from the Minority Report.

There was no objection and the motion was adopted.

S. 1035 -- Senators McGill, Alexander, Boan, Bryan, Cork, Courson, Courtney, Drummond, Elliott, Fair, Ford, Giese, Glover, Gregory, Hayes, Holland, Jackson, Land, Lander, Leatherman, Leventis, Martin, Matthews, McConnell, Mescher, Moore, O'Dell, Passailaigue, Patterson, Peeler, Rankin, Reese, Richter, Rose, Ryberg, Saleeby, Setzler, Short, Greg Smith, J. Verne Smith, Thomas, Waldrep, Washington and Wilson: A BILL TO AMEND SECTION 4-9-55, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT THAT NO COUNTY MAY BE BOUND BY ANY GENERAL LAW REQUIRING IT TO SPEND FUNDS OR TAKE AN ACTION REQUIRING THE EXPENDITURE OF FUNDS UNLESS THE GENERAL ASSEMBLY HAS DETERMINED THAT THE LAW REQUIRING THE EXPENDITURE FULFILLS A STATE INTEREST AND THE LAW REQUIRING THE EXPENDITURE IS APPROVED BY TWO-THIRDS OF THE MEMBERS VOTING IN EACH HOUSE OF THE GENERAL ASSEMBLY, SO AS TO DELETE THE GENERAL AND SPECIAL APPROPRIATIONS ACTS FROM THE EXEMPTIONS IN THIS SECTION.

Senator McCONNELL raised a Point of Order that under Rule 38, the Bill had not been on the desks of the members at least one day prior to second reading.

The PRESIDENT sustained the Point of Order.

S. 1272 -- Senators Leventis, Land, Wilson, McGill and Setzler: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-13-1355 SO AS TO REQUIRE THAT ON THE NEXT REGULAR WORKING DAY OF THE STATE ELECTION COMMISSION AFTER A POLL IS INITIATED BY A PERSON, CANDIDATE, OR COMMITTEE, THE TEXT OF QUESTIONS TO BE ASKED ALONG WITH THE NAME OF THE

Senator McCONNELL raised a Point of Order that under Rule 38, the Bill had not been on the desks of the members at least one day prior to second reading.

The PRESIDENT sustained the Point of Order.

S. 1185 -- Senators Russell and Giese: A CONCURRENT RESOLUTION MEMORIALIZING CONGRESS TO AMEND THE FEDERAL FOOD, DRUG, AND COSMETIC ACT AND THE PUBLIC HEALTH SERVICE ACT TO FACILITATE THE DEVELOPMENT AND APPROVAL OF NEW DRUGS, BIOLOGICAL PRODUCTS, AND MEDICAL DEVICES.

The Concurrent Resolution was adopted, ordered sent to the House.

H. 4113 -- Reps. Cotty and Hodges: A BILL TO AMEND SECTION 29-3-680, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MORTGAGES AND DEEDS OF TRUST, FORECLOSURE, AND APPLICATION FOR ORDER OF APPRAISAL, SO AS TO PROVIDE, AMONG OTHER THINGS, THAT, EXCEPT IN ANY REAL ESTATE FORECLOSURE PROCEEDING RELATING TO A DWELLING PLACE OR TO A CONSUMER CREDIT TRANSACTION, A DEFENDANT AGAINST WHOM A PERSONAL JUDGMENT MAY BE TAKEN ON A REAL ESTATE SECURED TRANSACTION MAY WAIVE THE APPRAISAL RIGHTS IF THE DEBTORS, MAKERS, BORROWERS, AND/OR GUARANTORS ARE NOTIFIED IN WRITING BEFORE THE TRANSACTION THAT A WAIVER OF APPRAISAL RIGHTS WILL BE REQUIRED AND UPON SIGNING A CERTAIN STATEMENT DURING THE TRANSACTION; AND TO AMEND SECTION 29-3-700, RELATING TO MORTGAGES AND DEEDS OF TRUST, FORECLOSURE, AND THE ORDER FOR APPRAISAL, SO AS TO PROVIDE THAT THE APPRAISAL BE CONDUCTED BY THREE DISINTERESTED STATE CERTIFIED GENERAL REAL ESTATE APPRAISERS, RATHER THAN "THREE DISINTERESTED FREEHOLDERS OF THE COUNTY IN WHICH THE PROPERTY IS LOCATED".

Senator COURTNEY explained the Bill.

Senator LEATHERMAN objected to further consideration of the Bill.

H. 3848 -- Rep. Cromer: A BILL TO AMEND SECTION 30-7-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MANNER IN WHICH MORTGAGE ASSIGNMENTS MUST BE EXECUTED AND PROBATED, SO AS TO REQUIRE THAT ASSIGNMENT OF MORTGAGE FORMS INCLUDE THE NAME AND ADDRESS OF THE MORTGAGOR AND OF THE MORTGAGEE AND THE BOOK, PAGE, AND DATE OF RECORDING OF THE ORIGINAL MORTGAGE.

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

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

S. 1117 -- Education Committee: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING CHAPTER 144 SO AS TO ENACT THE "PUBLIC SCHOOL FACILITIES ASSISTANCE ACT", TO MAKE FUNDS AVAILABLE TO CONSTRUCT AND RENOVATE PUBLIC SCHOOL FACILITIES, AND TO AUTHORIZE THE ISSUANCE OF SCHOOL REVENUE BONDS FOR SPECIFIED PURPOSES IN CONNECTION THEREWITH.

The Senate proceeded to a consideration of the Bill. The question being the adoption of Amendment No. 5 (PT\2268DW.96) proposed by Senator FAIR and previously printed in the Journal of Tuesday, March 19, 1996.

The PRESIDENT took up the Point of Order raised by Senator SETZLER on March 19, 1996, that Amendment No. 6 (1117R018.ELP), proposed by Senators PASSAILAIGUE, McGILL, O'DELL, RICHTER,

The PRESIDENT overruled the Point of Order.

The PRESIDENT took up the Point of Order raised by Senator PASSAILAIGUE on Thursday, March 14, 1996, that Article 5 of the Bill was out of order inasmuch as this article establishes authorization for revenue bonds to be issued and pledges the revenue of a tax for the service of the debt and, therefore, is in violation of Section 13 of Article X of the S.C. Constitution.

The PRESIDENT sustained the Point of Order.

Pursuant to the motion of Tuesday, March 19, 1996, Senators FAIR, J. VERNE SMITH and THOMAS proposed the following Amendment No. 5A (GJK\22511SD.96), which was substituted for Amendment No. 5, which was tabled:

Amend the bill, as and if amended, by striking Section 59-144-100 of the 1976 Code, as contained in SECTION 1, which begins on line 29, page 3, and inserting:

/Section 59-144-100. Funds made available under this chapter must be allocated annually to the school districts as follows:

(1) sixty percent of the funds allocated annually to the several school districts for facilities' needs must be allocated on a per pupil basis using the weighted pupil units of each district for the preceding year;

(2) forty percent must be allocated according to the preceding year's Education Finance Act (EFA) formula;

(3) a district's annual allotment must be the sum of the two amounts calculated as provided in this subsection. Funds from a district's allotment shall be made available as needed once approval is received from the State Board of Education pursuant to Chapter 23 of this title./

Renumber sections to conform.

Amend totals and title to conform.

Senator J. VERNE SMITH explained the amendment.

Senator SETZLER argued contra to the adoption of the amendment.

Senator SETZLER moved to lay the amendment on the table.

Bryan               Cork                Courson
Drummond            Elliott             Ford
Giese               Glover              Gregory
Hayes               Holland             Jackson
Land                Lander              Leatherman
Leventis            Matthews            McConnell
McGill              Mescher             Moore
O'Dell              Passailaigue        Patterson
Peeler              Rankin              Richter
Ryberg              Saleeby             Setzler
Short               Smith, G.           Waldrep
Washington          Wilson              

Alexander            Boan                 Courtney
Fair                 Martin               Reese
Rose                 Russell              Smith, J.V.
Thomas

The amendment was laid on the table.

Senator SETZLER asked unanimous consent to take up for immediate consideration Amendment No. 2.

There was no objection.

Senators CORK, LEVENTIS and PASSAILAIGUE proposed the following Amendment No. 2 (1117R015.HAC), which was adopted:

Amend the bill, as and if amended, page 2, beginning on line 36 and continuing to page 3, lines 1 through 12, by striking Section 59-144-50 in its entirety.

Amend the bill further, as and if amended, page 5, by striking lines 25 through 28, and inserting in lieu thereof the following:

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