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"Section 20-7-1352. The requirement of acceptable school attendance and appropriate behavior must be an integral part of all probation orders."

(E) The 1976 Code is amended by adding:

"Section 20-7-1353. Probation and parole counselors are required to assist in the re-enrollment of all their clients who are children in the public schools upon the children's release from confinement facilities, and to bring all instances of a school's refusal to reenroll or enroll a child to the attention of the State Department of Education and the appropriate local advocacy group for children."/

Renumber sections to conform.

Amend totals and title to conform.

Rep. PHILLIPS explained the amendment.

The amendment was then adopted.

Rep. HODGES proposed the following Amendment No. 8 (Doc Name L:\council\legis\amend\BBM\9322JM.94), which was adopted.

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

/SECTION Section 24-9-20 of the 1976 Code, as last amended by Section 434, Act 181 of 1993, is further amended to read:

"Section 24-9-20. The division shall be responsible for inspecting, in conjunction with a representative of the State Fire Marshal, at least annually every facility in this State housing prisoners or pretrial detainees operated by or for a state agency, county, municipality, or any other

SECTION 6. Section 24-9-30 of the 1976 Code, as last amended by Section 435, Act 181 of 1993, is further amended to read:

"Section 24-9-30. (a) If an inspection under this chapter discloses that a local confinement facility does not meet the minimum standards established by the South Carolina Association of Counties and adopted by the Department of Corrections, and the appropriate fire and health codes and regulations, the Director of the South Carolina Department of Corrections shall notify the governing body of the governmental unit political subdivision responsible for the local confinement facility. A copy of the written report reports of the inspection inspections required by this chapter shall also be sent to the resident or presiding judge of the judicial circuit in which the facility is located. The governing body shall promptly meet to consider the inspection report reports, and the inspection personnel shall appear, if requested, to advise and consult concerning appropriate corrective action. The governing body shall initiate appropriate corrective action within ninety days or may voluntarily close the local confinement facility or objectionable portion thereof.

(b) If the governing body fails to initiate corrective action within ninety days after receipt of the report reports of inspection the inspections, or fails to correct the disclosed conditions, the Director of the South Carolina Department of Corrections may order that the local confinement facility, or objectionable portion thereof, be closed at such time as the

(c) The governing body shall have the right to appeal the director's order to the resident or presiding judge of the circuit in which the facility is located. Notice of the intention to appeal shall be given by registered mail to the Director of the South Carolina Department of Corrections and to the resident or presiding judge within fifteen days after receipt of the director's order. The right of appeal shall be deemed waived if notice is not given as herein provided.

(d) The appeal shall be heard before the resident or presiding judge of the circuit who shall give reasonable notice of the date, time, and place of the hearing to the Director of the South Carolina Department of Corrections and the governing body concerned. The hearing shall be conducted without a jury in accordance with the rules and procedures of the Circuit Court. The Department of Corrections, the governing body concerned, and other responsible local officials, and fire and health inspection personnel shall have a right to be present at the hearing and present evidence which the court deems appropriate to determine whether the local confinement facility met the required minimum standards and appropriate fire and health codes and regulations on the date of the last inspection. The court may affirm, reverse, or modify the director's order."/

Renumber sections to conform.

Amend title to conform.

Rep. HODGES explained the amendment.

The amendment was then adopted.

Rep. CLYBORNE moved that the House recede until 1:30 P.M., which was adopted.

Further proceedings were interrupted by the House receding, the pending question being consideration of amendments.

At 1:30 P.M. the House resumed, the SPEAKER in the Chair.

The question of a quorum was raised.

A quorum was later present.

The following was received.
Columbia, S.C., June 1, 1994
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has appointed Senators Bryan, Passailaigue and Hayes of the Committee of Conference on the part of the Senate on S. 1040:
S. 1040 -- Senator Bryan: A BILL TO AMEND SECTION 2-15-10 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO INCREASE THE NUMBER OF PUBLIC MEMBERS OF THE LEGISLATIVE AUDIT COUNCIL FROM THREE TO FIVE AND TO PROVIDE THAT ONE MUST BE A LICENSED ATTORNEY.
Very respectfully,
President

Received as Information

The following was received.
Columbia, S.C., June 1, 1994
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 891:
S. 891 -- Senators Short, Greg Smith, Washington and Mescher: A BILL TO AMEND ARTICLE 1, CHAPTER 5, TITLE 43, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING A NEW SECTION 43-5-24, SO AS TO REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO PROVIDE THE DEPARTMENT OF SOCIAL SERVICES INFORMATION ON METHODS OF CONTRACEPTION AND FAMILY PLANNING TO BE DISSEMINATED TO INDIVIDUALS SEEKING ASSISTANCE.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
President

Received as information.

The following was received.
Columbia, S.C., June 1, 1994
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has reconsidered nonconcurrence in the amendments proposed by the House to S. 506:
S. 506 -- Senators Rose and Leventis: A BILL TO REPEAL SECTION 22-5-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ARREST FOR CRIMES COMMITTED IN MAGISTRATE'S PRESENCE.
Very respectfully,
President

Received as information.

The following was received.
Columbia, S.C., June 1, 1994
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 506:
S. 506 -- Senators Rose and Leventis: A BILL TO REPEAL SECTION 22-5-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ARREST FOR CRIMES COMMITTED IN MAGISTRATE'S PRESENCE.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
President

Received as information.

The CONFERENCE COMMITTEE, to whom was referred:
S. 1196 -- Senators Rankin and Elliott: A BILL TO AMEND TITLE 31, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 12 SO AS TO AUTHORIZE THE CREATION OF A REDEVELOPMENT AUTHORITY TO ACQUIRE AND DISPOSE OF FEDERAL MILITARY INSTALLATIONS, AND TO PROVIDE FOR

That the same do pass with the following amendments:

Amend the bill, as and if amended, by striking after all enacting words and inserting in lieu thereof the following:

/SECTION 1. Title 31 of the 1976 Code is amended by adding:

Section 31-12-10. Short title.

This chapter may be cited as the "Military Facilities Redevelopment Law".

Section 31-12-20. The General Assembly finds that:

(1) As a result of the closure and realignment of military installations in the United States, federal property located in the State has and will become available for the State's use. It is in the best interests of the citizens of this State for the State, municipalities, and counties to work in concert and oversee and dispose of federal military facilities and other excess federal property, in an orderly and cooperative manner. It is the intent of this chapter that redevelopment authorities may be appointed to deal with military facilities that have been scheduled for closure by the United States Congress and to consult with the federal government pursuant to federal law relating to defense base closure and realignment. If any other incidental excess federal property is included with a scheduled closing, that property may also be dealt with by the authorities.

(2) The redevelopment of these facilities may often require substantial periods of time and substantial investment in redevelopment of the properties, including public infrastructure on the properties themselves and in the communities immediately surrounding the properties in order to re-integrate the former military facilities into the surrounding communities, and all reasonable means should be provided to assist the redevelopment authorities created pursuant to this chapter to fund improvements for redevelopment, including, in the case of properties located within incorporated municipalities, tax increment financing as authorized by Section 14 of Article X of the Constitution of South Carolina.

Section 31-12-30. As used in this chapter, unless the context clearly indicates otherwise:

(1) `Area of Operation' means the area within the territorial boundaries of the counties entitled to representation on an authority which consist of

(2) `Authority' means a redevelopment authority created pursuant to Section 31-12-40.

(3) `Municipality' means an incorporated municipality of this State.

(4) `Obligations' means bonds, notes, or other evidence of indebtedness issued by the municipality to carry out a redevelopment project or to refund outstanding obligations.

(5) `Redevelopment plan' means the comprehensive program of the authority for redevelopment intended by the payment of redevelopment costs to redevelop properties scheduled for disposal which may tend to return properties to the tax rolls, replace lost jobs, and integrate the properties back into the community, thereby enhancing the tax bases of the taxing districts which extend into the project redevelopment area and the economic health of the community in which it lies. Each redevelopment plan shall set forth in writing the program to be undertaken to accomplish the objectives and shall include, but not be limited to, estimated redevelopment project costs, possible sources of funds to pay costs, the most recent equalized assessed valuation of the project area as of the time of creation of a tax increment finance district pursuant to Section 31- 12-200, an estimate as to the equalized assessed valuation after redevelopment, and the general land uses to apply in the redevelopment project area.

(6) `Redevelopment project' means any buildings, improvements, including street improvements, water, sewer and storm drainage facilities, parking facilities, and recreational facilities. Any project or undertaking authorized under Section 6-21-50 may also qualify as a redevelopment project under this chapter. All such projects may be owned by the authority, the municipality, the county, or any other appropriate public body. This term shall include portions of the redevelopment project located outside the redevelopment project area so long as they provide needed infrastructure support for the redevelopment project area.

(7) `Redevelopment project area' means an area within the incorporated area of a municipality and designated pursuant to Section 31-12-200, which is not less in the aggregate than one and one-half acres. It shall include both the real property to be disposed of by an authority as

(8) `Redevelopment project costs' means and includes the sum total of all reasonable or necessary costs incurred or estimated to be incurred and any costs incidental to a redevelopment project. The costs include, without limitation:

(a) Costs of studies and surveys, plans, and specifications; professional service costs including, but not limited to, architectural, engineering, legal, marketing, financial, planning, or special services.

(b) Property assembly costs including, but not limited to, acquisition of land and other property, real or personal, or rights or interest therein, demolition of buildings, and the clearing and grading of land.

(c) Costs of rehabilitation, reconstruction, repair, or remodeling of a redevelopment project.

(d) Costs of the construction of a redevelopment project.

(e) Financing costs including, but not limited to, all necessary and incidental expenses related to the issuance of obligations and which may include payment of interest on any obligations issued under the provisions of this chapter accruing during the estimated period of construction of any redevelopment project for which the obligations are issued and including reasonable reserves related thereto.

(f) Relocation costs to the extent that a municipality determines that relocation costs must be paid or required by federal or state law.

(9) `Taxing districts' means counties, incorporated municipalities, schools, special purpose districts, and any other municipal corporations or districts with the power to levy taxes.

(10) `Real property' shall include all property assessed under authority of Section 12-4-540 when such term is used in this chapter with regard to tax increment financing.

Section 31-12-40. (A) The Governor may create separate and distinct bodies corporate and politic to be known as redevelopment authorities to oversee the disposition of real and personal federal property that has been or will be turned over to the State or to the redevelopment authority as referred to in the Defense Base Closure and Realignment Act, 10 U.S.C. 2901, et seq., as it may be amended from time to time, by the federal government or real and personal federal property that has been designated

(B) If the federal property subject to disposal is contained wholly within one county, which county does not lie in an MSA extending over more than one South Carolina county and is not included in a multicounty authority under subsections (C) or (D), the authority must include:

(1) two representatives of the State, nominated by a majority of the Senate and a majority of the House, who must be appointed by the Governor;

(2) three representatives of the county appointed by the county governing body;

(3) three representatives of each municipality in which the municipality's boundaries contain all or a portion of the military properties scheduled for disposal, appointed by the municipal governing body; and

(4) one at-large appointment by the Governor, who shall be a resident of the county.

(C) If the federal property subject to disposal is contained within more than one county, with no portion of such counties lying within an MSA which extends over more than one South Carolina county, the authority must include:

(1) two representatives of the State nominated by a majority of the Senate and a majority of the House, who must be appointed by the Governor;

(2) two representatives of each county appointed by the respective county governing body;

(3) two representatives of each municipality in which the municipality's boundaries contain all or a portion of the military properties scheduled for disposal, appointed by the respective municipal governing body; and

(D) If the federal property subject to disposal is contained wholly or partially within a county, all or a portion of which lies in an MSA which extends over more than one South Carolina county, the authority must include:

(1) one representative of each South Carolina county which contains all or a portion of the federal property subject to disposal, appointed by the respective county governing body;

(2) one representative of each South Carolina county in the MSA not entitled to a representative under subsection (D)(1), appointed by the respective county governing body;

(3) one representative of each municipality located wholly or partly within the MSA with a population of at least 50,000 as determined by the latest official federal census, appointed by the respective municipal governing body;

(4) such additional representatives as may be necessary to assure that any municipality within whose boundaries the major portion of properties scheduled for disposal lies shall have a total number of representatives being two less than the collective number of representatives from all other appointing bodies or officers provided for in subsections (D)(1) through (D)(8), appointed by the municipal governing body;

(5) if the major portion of properties scheduled for disposal lies within a single county but not within the boundaries of any single municipality, such additional representatives as may be necessary to assure that county two less than the collective number of representatives from all other appointing bodies or officers provided for in subsections (D)(1) through (D)(8), appointed by the county governing body;

(6) one member elected by a majority of the Senate;

(7) one member elected by a majority of the House of Representatives; and

(8) one at-large appointment by the Governor, who shall be a resident of one of the counties which lie, wholly or partially, in the MSA which is entitled to an appointment under subsections (D)(1) or (D)(2).

(E) No member of an authority may be an elected official or have held an elected office within one year of the date on which the member begins service on an authority. Nor may any member hold another office of honor or profit of this State while serving on the authority as prohibited by the South Carolina Constitution. Nor may any member of an authority established pursuant to subsection (D) serve or have served as an officer of, or as a member of the executive committee of, any authority,

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