Journal of the House of Representatives
of the Second Session of the 110th General Assembly
of the State of South Carolina
being the Regular Session Beginning Tuesday, January 11, 1994

Page Finder Index

| Printed Page 4580, Apr. 14 | Printed Page 4600, Apr. 14 |

Printed Page 4597 . . . . . Thursday, April 14, 1994

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\DKA\3340BDW.94), which was tabled.

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

/SECTION __. Article 3, Chapter 9, Title 48 of the 1976 Code is amended by adding:

"Section 48-9-215. (A) The State Land Resources and Conservation Districts Advisory Council is established consisting of the five commissioners provided for in Section 48-9-225. The council members must be appointed by the Governor for four years on the recommendation of the executive committee of the South Carolina Association of Soil and Water Conservation District Commissioners and serve until their successors are appointed and qualify. Vacancies must be filled in the manner of the original appointment for the unexpired term. A member may not succeed himself after he has served one full four-year term.

(B) The Governor shall name the chairman of the advisory council. A majority of the advisory council constitutes a quorum, and the concurrence of a majority in a matter within the council's duties is required for the matter's determination.

(C) The members of the advisory council may receive no compensation for their services on the council but may receive expenses, including travel expenses, necessarily incurred in the discharge of their duties on the council.

(D) The council shall advise the department and the division on standards, rules, regulations, or other matters related to land resources and conservation districts.

Section 48-9-225. For the purpose of selecting the five soil and water conservation district commissioners to serve as members of the advisory council, the State is divided into the following five areas:

(1) Area 1: Abbeville, Anderson, Cherokee, Greenville, Laurens, Oconee, Pickens, Spartanburg, and Union counties;

(2) Area 2: Aiken, Calhoun, Edgefield, Greenwood, Lexington, McCormick, Newberry, Richland, and Saluda counties;

(3) Area 3: Chester, Chesterfield, Darlington, Fairfield, Kershaw, Lancaster, Lee, Marlboro, and York counties;

(4) Area 4: Berkeley, Clarendon, Dillon, Florence, Georgetown, Horry, Marion, Sumter, and Williamsburg counties;

(5) Area 5: Allendale, Bamberg, Barnwell, Beaufort, Charleston, Colleton, Dorchester, Hampton, Jasper, and Orangeburg counties."


Printed Page 4598 . . . . . Thursday, April 14, 1994

SECTION __. Section 48-9-30 of the 1976 Code, as last amended by Section 1176, Act 181 of 1993, is further amended by adding an appropriately numbered item to read:

"( ) `State Land Resources and Conservation Districts Advisory Council' or `advisory council' means the body created pursuant to Section 48-9-215."

SECTION __. Section 48-9-1210 of the 1976 Code, as last amended by Section 1191, Act 181 of 1993, is further amended to read:

"Section 48-9-1210. The two commissioners appointed by the board shall department, upon the recommendation of the advisory council, must be persons who are by training and experience are qualified to perform the specialized skilled services which will be required of them in the performance of their duties under this chapter."

SECTION __. Section 48-9-1230 of the 1976 Code, as last amended by Section 1191, Act 181 of 1993, is further amended to read:

"Section 48-9-1230. Except as otherwise provided in Section 48-9-1220, the term of office of each commissioner is four years, except that in newly created districts the elected commissioners' terms of office are until the next regular election is held under the provisions of Section 48-9-1220 and the first appointed commissioners must be designated to serve for terms of one and two years, respectively, from the date of their appointment. A commissioner shall hold holds office until his successor has been is elected or appointed and has qualified. Vacancies must be filled for the unexpired term. The selection of successors to fill an unexpired term, or for a full term, must be made in the same manner in which the retiring commissioners shall, respectively, have been are selected, except that in the case of. However, for a vacancy in the unexpired term of an elected commissioner, a successor may be appointed by the board department upon the recommendation of the advisory council and upon the unanimous recommendation of the remaining commissioners of the district. Any A commissioner may be removed by the board department after consultation with the advisory council upon notice and hearing for neglect of duty or malfeasance in office, but for no other reason."

SECTION __. Section 48-9-1820 of the 1976 Code, as last amended by Section 1195, Act 181 of 1993, is further amended to read:

"Section 48-9-1820. Members of the board advisory council and the commissioners of the district shall be are ineligible to appointment as members of the board of adjustment during their tenure of such the other office. The members of the board of adjustment shall receive compensation for their services at a per diem rate to be determined by the


Printed Page 4599 . . . . . Thursday, April 14, 1994

department for time spent on the work of the board, in addition to expenses, including traveling expenses, necessarily incurred in the discharge of their duties. The commissioners shall pay the necessary administrative and other expenses of operation incurred by the board of adjustment upon the certificate of the chairman of the board."

SECTION __. Section 48-9-1840 of the 1976 Code, as last amended by Section 1196, Act 181 of 1993, is further amended to read:

"Section 48-9-1840. A land occupier may file a petition with the board of adjustment alleging that there are great practical difficulties or unnecessary hardships in the way of his carrying out upon his lands the strict letter of the land-use regulations prescribed by ordinance approved by the commissioners and praying the board to authorize a variance from the terms of the land-use regulations in the application of such the regulations to the lands occupied by the petitioner. Copies of such the petition shall must be served by the petitioner upon the chairman of the commissioners of the district within which his lands are located and upon the director of the department."

SECTION __. Section 48-9-230 of the 1976 Code is repealed.

SECTION __. The seven preceding sections take effect July 1, 1994./

Renumber sections to conform.

Amend title to conform.

Rep. HODGES explained the amendment and moved to table the amendment, which was agreed to.

Rep. HODGES proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\N05\7788BDW.94), which was adopted.

Amend the bill, as and if amended, by striking Section 1-30-10(A)(17), page 20, line 10, and inserting:

/(17) Department of Revenue and Taxation;/.

Amend further by striking Section 2-13-190, beginning on page 23 and line 33, and inserting:

/Section 2-13-190. Within five days after receiving such the page proofs corrected from the Code Commissioner, the Office of Legislative Printing and Information Technology Resources (LPITR) shall print the same and shall deliver as many copies to the Code Commissioner as the commissioner may order. The Code Commissioner on receipt of such these copies shall send a copy to each of the following officers: The Governor, Supreme Court Justices, Clerk of the Supreme Court, Court of Appeals Judges, Clerk of the Court of Appeals, circuit judges, circuit solicitors, county Administrative Law Judge Division judges, county


Printed Page 4600 . . . . . Thursday, April 14, 1994

solicitors, clerk of the court of each county, judge of probate of each county, Attorney General, Secretary of State, Comptroller General, Adjutant General, State Treasurer, Chief Bank Examiner, Department of the Revenue and Taxation, Director of the Department of Transportation, State Health Officer, Director of the Department of Natural Resources, Director of the Department of Public Safety, Chairman of the Public Service Commission, Commissioner of Agriculture, Director of the Department of Insurance, State Budget and Control Board, State Superintendent of Education, State Librarian, Clerk of the House of Representatives, Clerk of the Senate, Director of the South Carolina Archives Department, and the members of the General Assembly. Any magistrate may obtain a copy of advance sheets of statutes by sending his name, address, and term to the Code Commissioner./


| Printed Page 4580, Apr. 14 | Printed Page 4600, Apr. 14 |

Page Finder Index