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Senator J. VERNE SMITH from the Committee on Labor, Commerce and Industry submitted a majority favorable with amendment and Senator RYBERG a minority unfavorable report on:

S. 1201 -- Senator Martin: A BILL TO AMEND TITLE 27, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY AND CONVEYANCES, BY ADDING CHAPTER 10 SO AS TO ENACT THE "RESIDENTIAL PROPERTY DISCLOSURE ACT OF 1996."

Ordered for consideration tomorrow.

THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.

The following Bills and Joint Resolution were read the third time and having received three readings in both Houses, it was ordered that the titles be changed to that of Acts and enrolled for Ratification:

H. 4962 -- Rep. Kinon: A JOINT RESOLUTION TO PROVIDE FOR THE LEVY OF TAXES FOR SCHOOL PURPOSES IN DILLON COUNTY FOR THE FISCAL YEAR BEGINNING JULY 1, 1996, AND ENDING JUNE 30, 1997.

(By prior motion of Senator ELLIOTT)

H. 4462 -- Reps. Riser, G. Brown, Koon and Witherspoon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 46-13-45 SO AS TO CREATE TWO CLASSES OF PESTICIDE REGISTRATION FEES, TO PROVIDE FOR AMOUNT OF THE FEE FOR A BASIC FEE, AND PROVIDE A PROCEDURE FOR THE DETERMINATION OF THE SPECIAL FEE AND HOW THE MONIES DERIVED FROM THE SPECIAL FEE MUST BE USED; AND TO AMEND SECTION 46-13-40, AS AMENDED, RELATING TO STANDARDS FOR CERTIFICATION OF PESTICIDE APPLICATORS, SO AS TO DELETE THE ANNUAL FEES FOR RESTRICTED AND UNRESTRICTED USE OF A PESTICIDE PRODUCT.

H. 4847 -- Reps. Wilkins and Harrison: A BILL TO AMEND SECTION 24-21-410, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CERTAIN COURTS' AUTHORITY TO GRANT A

H. 4660 -- Reps. Rhoad, Anderson, Breeland, Fleming, Loftis, Seithel, Knotts, Stoddard, Sandifer, Wright, Quinn, Bailey, Cato, Sharpe, J. Hines, Spearman, Herdklotz, Townsend, McCraw, J. Brown, Neilson, Harrison, Baxley, Harvin, McMahand, H. Brown, Byrd, Davenport, Lloyd, M. Hines, Kinon, Limehouse, Waldrop, L. Whipper, Cobb-Hunter, Phillips, Felder and Cain: A BILL TO AMEND SECTION 38-7-180, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE INSURANCE PREMIUM TAX EXEMPTIONS ALLOWED INSURANCE COMPANIES THAT INSURE ONLY CHURCHES, SO AS TO EXTEND THE EXEMPTION TO WORKERS' COMPENSATION INSURANCE PREMIUMS AND TO CLARIFY A REFERENCE.

H. 3228 -- Reps. Neilson, Cain, McMahand, Littlejohn, Meacham, Hallman, Rice, L. Whipper, White, Simrill, Jaskwhich, Elliott, Whatley, Herdklotz, Easterday, Haskins, Seithel, Davenport and Limehouse: A BILL TO AMEND SECTION 20-7-100, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EQUAL RIGHTS OF PARENTS, SO AS TO PROVIDE THAT BOTH CUSTODIAL AND NONCUSTODIAL PARENTS HAVE THE RIGHT TO PARTICIPATE IN THEIR CHILDREN'S SCHOOL ACTIVITIES.

Senator PEELER 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.

Amend the bill, as and if amended, by adding a SECTION to read:

/SECTION ___. Section 20-7-420(30) of the 1976 Code is amended to read:

"(30) To make any order necessary to carry out and enforce the provisions of this chapter, and to hear and determine any questions of support, custody, separation, or any other matter over which the court has jurisdiction, without the intervention of a jury; however, the court may not issue an order which prohibits a custodial parent from moving his residence to a location within the State unless the court finds a compelling reason."/

Amend title to conform.

Senator RICHTER proposed the following amendment (3228R001.LER), which was ruled out of order:

Amend the bill, as and if amended, by striking lines 38 through 40 and inserting in lieu thereof the following:

/SECTION 2. Chapter 75 of Title 15 of the 1976 Code is amended by adding:

"Section 15-75-25. (A) A person may maintain an action for damages arising out of interference with marital relationships. `Interference with marital relationships' means any wrongful or adulterous interference in marital relationships by a third party, during the marriage, which deprives one spouse of the affections, aid, and comfort of the other. The plaintiff in a civil action seeking to recover damages for interference in marital relationships must allege and prove that he or she is married to the party involved with the defendant. In addition, the plaintiff must allege and prove (1) sexual intercourse or other wrongful conduct between the defendant and the spouse during the marriage, (2) the plaintiff's loss of affection or consortium of the spouse, and (3) a causal connection between the defendant's conduct and the plaintiff's loss. However, no cause of action for interference with marital relationships shall be maintained by an individual who has entered into an agreement for separate maintenance containing an express waiver of such rights.

(B) No cause of action for interference with marital relationships may be maintained unless commenced within three years of the date of accrual of the cause of action."

SECTION 3. This act takes effect upon approval by the Governor, provided that the provisions of Section 2 of this act are not retroactive and

Renumber sections to conform.

Amend title to conform.

Senator RICHTER explained the amendment.

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

Senators RICHTER and BRYAN spoke on the Point of Order.

The PRESIDENT sustained the Point of Order.

The amendment was ruled out of order.

There being no further amendments, the Bill was read the third time and ordered returned to the House of Representatives with amendments.

The following Bills were read the third time and ordered sent to the House of Representatives:

S. 163 -- Senators Leventis, Wilson, Rose, Hayes and Passailaigue: A BILL TO AMEND SECTIONS 14-7-1610, 14-7-1615, AND 14-7-1630, ALL AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, ALL RELATING TO THE STATE GRAND JURY SYSTEM, SO AS TO REVISE JURISDICTION TO INCLUDE ENVIRONMENTAL OFFENSES.

S. 1386 -- Senator Land: A BILL TO AMEND SECTION 57-25-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PLACEMENT OF SIGNS WITHIN THE RIGHT-OF-WAY OF A HIGHWAY, SO AS TO AUTHORIZE PLACEMENT OF SIGNS IN THIS AREA, WITH CERTAIN RESTRICTIONS.

(By prior motion of Senator LAND, with unanimous consent)

S. 163 -- Senators Leventis, Wilson, Rose, Hayes and Passailaigue: A BILL TO AMEND SECTIONS 14-7-1610, 14-7-1615, AND 14-7-1630, ALL AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, ALL RELATING TO THE STATE GRAND JURY SYSTEM, SO AS TO

Having voted on the prevailing side, Senator SALEEBY asked unanimous consent to make a motion to reconsider the vote whereby the Senate gave third reading to the Bill.

There was no objection.

The following Bills having been read the second time with notice of general amendments were ordered placed on the third reading Calendar:

S. 962 -- Senators Giese, Hayes and Bryan: A BILL TO AMEND CHAPTER 5, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLES, BY ADDING ARTICLE 28 SO AS TO ENACT THE CHILD BICYCLE SAFETY ACT AND TO REQUIRE CHILDREN TO USE BICYCLE HELMETS WHEN THEY ARE BICYCLE OPERATORS OR PASSENGERS, TO PROVIDE PENALTIES, AND TO ESTABLISH THE "BICYCLE SAFETY FUND" FOR USE IN PROVIDING BICYCLE SAFETY PROGRAMS AND ASSISTING LOW INCOME FAMILIES IN PURCHASING HELMETS.

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

There was no objection.

H. 4957 -- Reps. Harrell, Wilkins, Townsend, Kelly, Hutson, Limehouse, Cobb-Hunter, Wilder, Jennings, Howard, Stoddard, Lloyd, Knotts, Shissias, Herdklotz, Mason, H. Brown, Loftis, Govan, Neal, Law, Littlejohn, McElveen, Meacham, Cain, Kennedy, Hallman, J. Harris, Carnell, Dantzler, Cotty, Easterday, Walker, Young-Brickell, Klauber, Allison, R. Smith, Sheheen, Wells, Spearman, Stille, Sandifer, Sharpe, P. Harris, Riser, Tucker, Keegan, Stuart, Byrd, Chamblee, Neilson, Baxley, McCraw, Richardson, Koon, Gamble, J. Hines, Wofford, Wright, Vaughn, Keyserling, Jaskwhich, McMahand, Kinon, Askins, Rice, Waldrop, Seithel, M. Hines, Limbaugh, Harrison, Cato, Davenport, Hodges, Lanford, Thomas, Lee, J. Young, Fleming and Witherspoon: A BILL TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 50 SO AS

H. 3373 -- Reps. Seithel, Trotter, Wilder, Clyburn, Tripp, G. Brown, Hallman, Townsend, Bailey, Rice, Littlejohn, Herdklotz, Meacham, Jaskwhich, Elliott, Allison, Vaughn, Fulmer, McCraw, Whatley, Limehouse, Simrill, Shissias, Easterday, Breeland, L. Whipper, Harrell, Phillips, Haskins, Cato, A. Young, Stoddard, S. Whipper, Neilson, Sandifer, Davenport, Hines, Moody-Lawrence, Dantzler, Fleming, Lloyd, J. Brown, Limbaugh, Cain, Hodges, Boan, McKay, Walker, Beatty, Rhoad, Hutson, Spearman, Thomas, Cave, J. Young, T. Brown, Stille, Martin and Klauber: A BILL TO AMEND SECTION 47-1-160, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FINES PERTAINING TO CRUELTY TO ANIMALS, SO AS TO PROVIDE FOR DISTRIBUTION OF THE FINES TO ALL ANIMAL HUMANE SOCIETIES.

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

Senator LEVENTIS explained the Bill.

Senator BRYAN objected to further consideration of the Bill.

H. 4681 -- Rep. Koon: A BILL TO AMEND SECTION 33-37-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SOUTH CAROLINA BUSINESS DEVELOPMENT CORPORATIONS AND THE PROVISION THAT SUCH CORPORATIONS AND ITS SECURITIES ARE EXEMPT FROM TAXATION, SO AS TO PROVIDE THAT THE CORPORATION IS NOT SUBJECT TO ANY CORPORATION LICENSE TAX OR FEE IMPOSED BY CHAPTER 20 OF TITLE 12; TO AMEND SECTION 33-37-250, AS AMENDED, RELATING TO SOUTH CAROLINA BUSINESS DEVELOPMENT CORPORATIONS AND THEIR POWERS, SO AS TO PERMIT THE BORROWING OF MONEY FROM "SUCH OTHER LENDING SOURCES WHICH ARE APPROVED BY THE BOARD OF DIRECTORS OF THE CORPORATION"; AND TO AMEND SECTION 33-37-460, AS AMENDED, RELATING TO LOANS TO SOUTH

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

S. 1168 -- Senator Martin: A BILL TO AMEND SECTION 40-57-155, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONTINUING EDUCATION FOR REAL ESTATE AGENTS, SO AS TO PROVIDE SIXTEEN HOURS OF MANDATORY CONTINUING EDUCATION FOR REAL ESTATE LICENSEES.

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

THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO A CONSIDERATION OF H. 4600, THE GENERAL APPROPRIATION BILL.

H. 4600 -- GENERAL APPROPRIATION BILL

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

Senator DRUMMOND proposed the following Amendment No. 25 (SBD\97.011), which was adopted:

Amend the bill, as and if amended, Part IA, Section 19, Department of Education, page 0175, line 10 by:

COLUMN 7 COLUMN 8

STRIKING: 440,125 363,025

( ) ( )

INSERTING: 290,125 213,025

( ) ( )

Amend the bill further, as and if amended, Part IA, Section 19, Department of Education, page 0175, line 27 by:

COLUMN 7 COLUMN 8

STRIKING: 1,893,621 1,807,180

( ) ( )

INSERTING: 1,987,320 1,900,879

( ) ( )

COLUMN 7 COLUMN 8

STRIKING: 2,310,668 272,556

( ) ( )

INSERTING: 2,781,668 743,556

( ) ( )

Amend the bill further, as and if amended, Part IA, Section 19, Department of Education, page 0177, line 33 by:

COLUMN 7 COLUMN 8

STRIKING: 1,696,028 1,339,324

( ) ( )

INSERTING: 1,346,028 989,324

( ) ( )

Amend the bill further, as and if amended, Part IA, Section 19, Department of Education, page 0178, line 19 by:

COLUMN 7 COLUMN 8

STRIKING: 1,338,657 383,311

( ) ( )

INSERTING: 1,273,958 318,612

( ) ( )

Amend sections, totals and title to conform.

Senator SETZLER explained the amendment.

Senator SETZLER moved that the amendment be adopted.

The amendment was adopted.

Senator DRUMMOND proposed the following Amendment No. 22A (SBD\97.008), which was adopted:

Amend the bill, as and if amended, Part IA, Section 19, Department of Education, page 0181, line 15 by:

COLUMN 7 COLUMN 8

STRIKING: 794,856

( ) ( )

INSERTING: 677,067

( ) ( )

COLUMN 7 COLUMN 8

Employer Contributions 117,789

Amend sections, totals and title to conform.

Senator DRUMMOND explained the amendment.

Senator DRUMMOND moved that the amendment be adopted.

The amendment was adopted.

Senator DRUMMOND proposed the following Amendment No. 21 (SBD\97.007), which was adopted:

Amend the bill, as and if amended, Part IA, Section 19, Department of Education, page 0190, line 7 by:

COLUMN 7 COLUMN 8

STRIKING: 956,824,492 956,824,492

( ) ( )

INSERTING: 901,429,197 901,429,197

( ) ( )

Amend the bill further, as and if amended, Part IA, Section 19, Department of Education, page 0190, line 25 by inserting:

COLUMN 7 COLUMN 8

8,385,343 8,385,343

Amend the bill further, as and if amended, Part IA, Section 19, Department of Education, page 0190, line 26 by inserting:

COLUMN 7 COLUMN 8

47,009,952 47,009,952

Amend sections, totals and title to conform.

Senator SETZLER explained the amendment.

Senator SETZLER moved that the amendment be adopted.

The amendment was adopted.

Senator SETZLER proposed the following Amendment No. 16 (SBD\97.002), which was adopted:

Amend the bill, as and if amended, Part IA, Section 28, Museum Commission, page 0219, line 25 by:

STRIKING:

( ) (14.00)

INSERTING:

( ) (12.00)

Amend the bill further, as and if amended, Part IA, Section 28, Museum Commission, page 0220, line 38 by:

COLUMN 7 COLUMN 8

STRIKING:

( ) (3.00)

INSERTING:

( ) (2.00)

Amend the bill further, as and if amended, Part IA, Section 28, Museum Commission, page 0221, line 11 by:

COLUMN 7 COLUMN 8

STRIKING:

( ) (1.00)

INSERTING:

( ) (0.00)

Amend sections, totals and title to conform.

Senator SETZLER explained the amendment.

Senator SETZLER moved that the amendment be adopted.

The amendment was adopted.

Senator McCONNELL proposed the following Amendment No. 13 (4600207.GFM), which was adopted:

Amend the bill, as and if amended, Part IB, Section 18A, Commission on Higher Education, page 504, after line 25, by adding a new proviso to read:

\18A.__. (CHE: Formula Funding for Converse Women's Leadership Institute) Funds appropriated in Part IB, Section 18A. 26 of Act 145 of 1995 for The Citadel for the Women's Leadership Institute at Converse College shall be carried forward to be used in the 1996-97 fiscal year for the same purposes authorized in Act 145 of 1995./

Amend sections, totals and title to conform.

Senator McCONNELL explained the amendment.

Senator McCONNELL moved that the amendment be adopted.

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