Indicates Matter Stricken
Indicates New Matter
The Senate assembled at 10:00 A.M., the hour to which it stood adjourned and was called to order by the PRESIDENT.
At 10:05 A.M., Senator WILLIAMS asked unanimous consent to make a motion to invite the House of Representatives to attend the Senate Chamber for the purpose of ratifying Acts at 11:15 A.M.
There was no objection and a message was sent to the House accordingly.
At 10:15 A.M., on motion of Senator WILLIAMS, the Senate receded from business until 11:00 A.M.
At 11:05 A.M., the Senate resumed.
A quorum being present the proceedings were opened with a devotion by the Chaplain as follows:
Beloved, King David speaks across the millenniums to us in Psalm 34 (v.3ff):
"O magnify the Lord with me,
Let us exalt His name together...
Those who look to Him are radiant;
Their faces are never covered with shame.
Taste and see that the Lord is good..."
Let us pray.
Our God and Father, our world is so full of anguish and misery... so filled with man's inhumanities to man! You made it good. Mankind has made it wicked by making MAN the center and measure of life!
We yearn! We strive! We hope for the day when our lives shall be God-centered. The Prophet Isaiah saw the possibilities and the times when he prophesied (11:5ff):
"Righteousness will be His belt and faith-
fulness the sash around His waist.
The wolf will live with the lamb,
The leopard will lie down with the goat.
The calf and the lion and the yearling
together;
And a little child will lead them."
We pray for ourselves! We pray for our tired, old, weary world with its drugged illusions that mankind may yet learn that You have a better way.
So let us take heart!
Amen.
Senator J. VERNE SMITH made the point that a quorum was not present. It was ascertained that a quorum was not present.
Senator J. VERNE SMITH moved that a call of the Senate be made. The following Senators answered the call:
Bryan Cork Courson
Courtney Drummond Elliott
Ford Giese Glover
Gregory Hayes Holland
Jackson Lander Leatherman
Leventis Macaulay Martin
Matthews McConnell McGill
Mescher Mitchell Moore
O'Dell Passailaigue Patterson
Peeler Rankin Reese
Richter Rose Russell
Ryberg Setzler Short
Smith, G. Smith, J.V. Stilwell
Thomas Waldrep Washington
Williams Wilson
The Senate resumed.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
May 13, 1994
Mr. President and Members of the Senate:
I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the Senate," and is, therefore, submitted for your consideration.
Respectfully,
Carroll A. Campbell, Jr.
Initial Appointment, Member, South Carolina Board of Long Term Health Care Administrators, with term to commence June 9, 1994, and to expire June 9, 1997:
Consumer-Nursing Home:
Mrs. M. Pat Tanner, Route 4, Box 142-A, Lake City, S.C. 29560 VICE Dorothy L. Brown
Referred to the Committee on Medical Affairs.
May 15, 1994
Mr. President and Members of the Senate:
I am transmitting herewith appointments for confirmation. These appointments are made with the "advice and consent of the Senate," and are, therefore, submitted for your consideration.
Respectfully,
Carroll A. Campbell, Jr.
Reappointment, Member, Jobs Economic Development Authority, with term to commence July 28, 1994, and to expire July 28, 1997:
5th Congressional District:
Mr. Terry B. Wiley, 1939 South Paraham Road, York, S.C. 29745
Referred to the Committee on Labor, Commerce and Industry.
Initial Appointment, Member, Board of Health and Environmental Control, with term to commence June 30, 1993, and to expire June 30, 1997:
5th Congressional District:
William M. Hull, Jr., M.D., Rock Hill Eye Clinic, P.A., Post Office Drawer 2874, Rock Hill, S.C. 29732-2874 VICE John Pate
Referred to the Committee on Medical Affairs.
May 16, 1994
Mr. President and Members of the Senate:
I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the Senate," and is, therefore, submitted for your consideration.
Respectfully,
Carroll A. Campbell, Jr.
Initial Appointment, Member, Board of Financial Institutions, with term to commence June 30, 1994, and to expire June 30, 1998:
Banker:
Mr. William S. Hummers, Carolina First Bank, Post Office Box 1029, Greenville, S.C. 29602 VICE Charles A. Laffitte, Jr.
Referred to the Committee on Banking and Insurance.
On motion of Senator WILLIAMS, at 10:00 A.M., Senator SALEEBY was granted a leave of absence for today.
At 11:25 A.M., Senator GIESE requested a leave of absence beginning at 3:30 P.M. for the balance of the day.
At 12:25 P.M., Senator PASSAILAIGUE requested a leave of absence upon adjournment, until Tuesday, May 24, 1994.
Senator COURSON from the Committee on Invitations stated that pursuant to the provisions of Rule 36, three-fourths of the membership of the Invitations Committee have voted affirmatively and submitted a favorable report on:
Senator MATTHEWS' written request that on Tuesday, May 31, 1994, Eagle Scout Chad Skelton be granted the Privilege of the Chamber, to that area behind the rail, and that he be granted the Privilege of the Floor for the purpose of receiving a Resolution.
The report was adopted without objection.
Columbia, S.C., May 19, 1994
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
S. 992 -- Senator Land: A BILL TO AMEND SECTION 50-9-1020, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POINT SYSTEM FOR SUSPENDING HUNTING AND FISHING PRIVILEGES, SO AS TO PROVIDE FOR AN ADDITIONAL HUNTING VIOLATION PERTAINING TO RACCOONS; TO AMEND SECTION 50-11-120, AS AMENDED, RELATING TO THE HUNTING SEASONS FOR SMALL GAME, SO AS TO REVISE THE SEASON FOR RACCOON AND OPOSSUM IN GAME ZONE 9; TO AMEND SECTION 50-11-140, AS AMENDED, RELATING TO REQUIREMENTS FOR HUNTING RACCOONS AND OPOSSUMS, SO AS TO INCLUDE FOX AND PROVIDE FOR ADDITIONAL REQUIREMENTS AND PENALTIES; AND TO AMEND SECTION 50-11-2500, AS AMENDED, RELATING TO PERMITS TO HOLD FUR AFTER THE SEASON FOR TAKING FURBEARERS, SO AS TO INCLUDE FURBEARERS AND THEIR PELTS WITHIN THE PERMIT APPLICATION AND RELATED REQUIREMENTS.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., May 19, 1994
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has appointed Reps. J. Harris, Jaskwhich and Phillips of the Committee of Conference on the part of the House on:
H. 4036 -- Reps. Wilkins, Clyborne, Jaskwhich, Fair, G. Brown, R. Smith, Quinn, Hines, Sharpe, McAbee, Richardson, Cato, Jennings, Gamble, Wofford, Wells, J. Bailey, Stone, Hallman, G. Bailey, J. Wilder, Marchbanks, Trotter, H. Brown, P. Harris, Keegan, Mattos, Vaughn, Walker and Phillips: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING CHAPTER 50 SO AS TO PROVIDE FOR THE GOVERNOR'S SCHOOL FOR THE ARTS AND HUMANITIES.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., May 18, 1994
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 4079 -- Reps. Breeland, J. Brown, Govan, Hines, Whipper, Inabinett, White, Holt, Neal, Byrd, Keyserling, Cobb-Hunter and McMahand: A JOINT RESOLUTION TO REQUIRE THE SOUTH CAROLINA DEPARTMENT OF YOUTH SERVICES AND THE SOUTH CAROLINA DEPARTMENT OF CORRECTIONS TO PROVIDE ACCOMMODATIONS AND JOB TRAINING APPLICABLE TO CURRENT AND FUTURE JOB MARKETS TO NONVIOLENT OFFENDERS BETWEEN THE AGES OF FIFTEEN AND TWENTY-ONE; TO REQUIRE THESE AGENCIES TO EVALUATE FACILITIES VACATED BY BASE CLOSING FOR USE AS RESIDENTIAL FACILITIES; TO ENCOURAGE THE USE OF SHOCK INCARCERATION METHODS WITH THESE OFFENDERS; AND TO DIVERT FUNDS AND STAFFING FROM TRADITIONAL COMMITMENT AND INCARCERATION TO THIS PROGRAM.
and has ordered the Joint Resolution Enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., May 18, 1994
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has appointed Reps. Barber, Cromer and Wilkes of the Committee of Conference on the part of the House on:
H. 4283 -- Reps. Barber, Jennings, Gonzales, Quinn, Harvin, Wells, Wright, Harrison, R. Smith, Fulmer, D. Wilder, Klauber, A. Young and Corning: A BILL TO AMEND TITLE 33, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 43 RELATING TO CORPORATIONS SO AS TO ENACT THE "SOUTH CAROLINA LIMITED LIABILITY COMPANY ACT" WHICH PERMITS A LIMITED LIABILITY COMPANY (LLC) FORMED PURSUANT TO THIS ACT TO BE TREATED AS A PARTNERSHIP FOR TAX PURPOSES TOGETHER WITH THE ABSENCE OF INDIVIDUAL LIABILITY OF THE MEMBERS OF THE LIMITED LIABILITY COMPANY FOR ITS OBLIGATIONS, WHICH PROVIDES FOR THE MANNER IN WHICH LIMITED LIABILITY COMPANIES ARE FORMED, FOR RELATIONS BETWEEN MEMBERS AND MANAGERS TO PERSONS DEALING WITH THE LIMITED LIABILITY COMPANIES, FOR THE RIGHTS AND DUTIES OF MEMBERS AND MANAGERS, FOR FINANCE MATTERS, FOR DISTRIBUTIONS AND WITHDRAWALS, FOR THE OWNERSHIP AND TRANSFER OF PROPERTY, FOR ADMISSION AND WITHDRAWAL OF MEMBERS, FOR DISSOLUTION, FOR THE MANNER IN WHICH FOREIGN LIMITED LIABILITY COMPANIES MAY OPERATE AND ARE GOVERNED, FOR PROFESSIONAL SERVICES LIMITED LIABILITY COMPANIES, FOR SUITS BY AND AGAINST THE LIMITED LIABILITY COMPANIES, FOR THE MERGER OF DOMESTIC OR FOREIGN LIMITED LIABILITY COMPANIES, AND FOR MISCELLANEOUS PROVISIONS AFFECTING THE LIMITED LIABILITY COMPANIES INCLUDING FILING AND OTHER FEES; AND TO AMEND THE 1976 CODE BY ADDING SECTION 12-2-25 SO AS TO PROVIDE FOR CERTAIN DEFINITIONS FOR TAXATION PURPOSES INCORPORATING REFERENCES TO LIMITED LIABILITY COMPANIES.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., May 18, 1994
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 4780 -- Rep. Klauber: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-7-65 SO AS TO PROVIDE THAT A RESIDENT OF A NURSING HOME OF THIS STATE MAY CONTRACT WITH A PERSON NOT ASSOCIATED WITH THE NURSING HOME TO PERFORM CERTAIN SERVICES AND TO PROVIDE EXCEPTIONS.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., May 18, 1994
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has tabled:
H. 4811 -- Rep. G. Bailey: A BILL TO AMEND SECTION 61-3-1020, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION ON THE CONDUCT OF OTHER BUSINESS IN RETAIL ALCOHOLIC LIQUOR STORES, SO AS TO AUTHORIZE THE SALE OF NONALCOHOLIC ITEMS INSTEAD OF NONALCOHOLIC BEVERAGES PACKAGED TOGETHER WITH ALCOHOLIC LIQUORS AND TO REQUIRE THE PACKAGING AT THE ALCOHOLIC LIQUOR PRODUCER'S PLACE OF BUSINESS.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., May 18, 1994
Mr. President and Senators:
The House respectfully informs your Honorable Body that it refuses to concur in the amendments proposed by the Senate to:
H. 4681 -- Reps. McElveen, Sheheen, Wilkins, Phillips, McTeer, Rogers, Farr, McCraw, Shissias, J. Bailey, Meacham, G. Brown, Waites, Cobb-Hunter, Barber, Tucker, Houck, Martin, Kirsh, Wright, Moody-Lawrence, Chamblee, Stille, McLeod, Stoddard, Simrill, Sturkie, D. Wilder, Cooper, Townsend, Hodges, Stuart, Allison, Walker, Snow, Boan, Gamble, Vaughn, Jaskwhich, Delleney, Wells, Neilson, Haskins, Davenport, Hines, Littlejohn, Cato, Beatty, Robinson, Lanford and Jennings: A BILL TO ENACT THE "SOUTH CAROLINA SCHOOL-TO-WORK TRANSITION ACT OF 1994" SO AS TO ESTABLISH A SCHOOL-TO-WORK SYSTEM TO EQUIP ALL STUDENTS WITH RELEVANT ACADEMIC SKILLS, MARKETABLE OCCUPATIONAL SKILLS, AND APPROPRIATE WORK-PLACE BEHAVIORS, TO ACCOMPLISH THE ABOVE THROUGH REVISIONS IN ACADEMIC AND VOCATIONAL CURRICULUM, ESTABLISHMENT OF CAREER EXPLORATION AND COUNSELING INITIATIVES, AND A PROGRAM OF APPRENTICESHIPS, MENTORSHIPS, AND WORK-PLACE EXPERIENCES, TO PROVIDE THAT BEGINNING WITH THE 1995-96 SCHOOL YEAR AND UNDER CERTAIN CONDITIONS, COMPLETION OF APPLIED ACADEMIC COURSES IN MATHEMATICS, SCIENCE, AND COMMUNICATIONS SKILLS SHALL FULFILL HIGH SCHOOL COURSE PREREQUISITE REQUIREMENTS AS EQUIVALENT TO PRECOLLEGE CURRICULUM REQUIREMENTS FOR APPLICANTS TO FOUR-YEAR POST-SECONDARY INSTITUTIONS, TO ESTABLISH A COMMITTEE TO STUDY AND MAKE RECOMMENDATIONS CONCERNING STATE TAX CREDITS FOR WORK-BASED PROGRAMS, HOW TO MAXIMIZE GOVERNMENT AND PRIVATE FUNDING FOR EDUCATION, AND WORKERS' COMPENSATION, INSURANCE AND LIABILITY ISSUES RELATING TO THE SCHOOL-TO-WORK SYSTEM; AND TO AMEND SECTION 41-13-20, RELATING TO CHILD LABOR, SO AS TO PROVIDE THAT NO CHILD UNDER THE AGE OF EIGHTEEN DURING THE REGULAR SCHOOL YEAR MAY WORK MORE THAN TWENTY HOURS A WEEK AND TO PROVIDE EXCEPTIONS.
Very respectfully,
Speaker of the House
On motion of Senator STILWELL, the Senate insisted upon its amendments to H. 4681 and asked for a Committee of Conference.
Whereupon, the PRESIDENT appointed Senators SETZLER, GLOVER and HAYES of the Committee of Conference on the part of the Senate and a message was sent to the House accordingly.
Columbia, S.C., May 18, 1994
Mr. President and Senators:
The House respectfully informs your Honorable Body that it refuses to concur in the amendments proposed by the Senate to:
H. 4794 -- Reps. Hodges, Sheheen, Jennings, Harrison, Huff, Martin and J. Wilder: A BILL TO AMEND SECTION 1-23-600, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HEARINGS AND PROCEEDINGS OF THE ADMINISTRATIVE LAW JUDGE DIVISION, SO AS TO PROVIDE THAT CONTESTED CASES INITIATED BEFORE MAY 1, 1994, TO WHICH AN ADMINISTRATIVE LAW JUDGE WOULD BE ASSIGNED SHALL BE HEARD AND DECIDED BY A SPECIAL HEARING OFFICER AND CASES INITIATED ON OR AFTER MAY 1, 1994, SHALL BE HEARD AND DECIDED BY AN ADMINISTRATIVE LAW JUDGE; TO AMEND SECTION 1-23-650, RELATING TO RULES GOVERNING THE ADMINISTRATION OF THE ADMINISTRATIVE LAW JUDGE DIVISION, SO AS TO PROVIDE THAT THESE RULES SHALL BE ADOPTED BY THE DIVISION RATHER THAN PROMULGATED BY THE DIVISION; TO AMEND SECTION 61-1-10, AS AMENDED, RELATING TO THE APPOINTMENT OF ATTORNEYS TO ACT AS ALCOHOLIC BEVERAGE CONTROL HEARING OFFICERS, SO AS TO PROVIDE THAT HEARING OFFICERS SHALL BE APPOINTED FOR THESE CASES INITIATED BEFORE MAY 1, 1994; AND TO AMEND SECTION 61-1-55, RELATING TO THE TRANSFER OF THE DUTIES AND RESPONSIBILITIES OF ALCOHOLIC BEVERAGE CONTROL HEARING OFFICERS TO THE ADMINISTRATIVE LAW JUDGE DIVISION, SO AS TO PROVIDE THAT ALCOHOLIC BEVERAGE CASES INITIATED BEFORE MAY 1, 1994, TO WHICH AN ADMINISTRATIVE LAW JUDGE WOULD BE ASSIGNED SHALL BE HEARD AND DECIDED BY A HEARING OFFICER AND CASES INITIATED ON OR AFTER MAY 1, 1994, SHALL BE HEARD AND DECIDED BY AN ADMINISTRATIVE LAW JUDGE, AND TO DELAY FROM MARCH 1, 1994, TO MAY 1, 1994, THE REPEAL OF CERTAIN PROVISIONS OF LAW RELATING TO THE APPOINTMENT OF THESE HEARING OFFICERS.
Very respectfully,
Speaker of the House
On motion of Senator STILWELL, the Senate insisted upon its amendments to H. 4794 and asked for a Committee of Conference.
Whereupon, the PRESIDENT appointed Senators MOORE, STILWELL and WASHINGTON of the Committee of Conference on the part of the Senate and a message was sent to the House accordingly.
Columbia, S.C., May 18, 1994
Mr. President and Senators:
The House respectfully informs your Honorable Body that it insists upon the amendments proposed by the House to:
asks for a Committee of Conference, and has appointed Reps. Boan, Hallman and Cobb-Hunter of the committee on the part of the House.
Very respectfully,
Speaker of the House
Whereupon, the PRESIDENT appointed Senators DRUMMOND, J. VERNE SMITH and LEVENTIS of the Committee of Conference on the part of the Senate and a message was sent to the House accordingly.
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 THE COMPOSITION OF THE AUTHORITY, ITS POWERS, DUTIES, AND RESPONSIBILITIES.
The House returned the Bill with amendments.
Senator McCONNELL explained the House amendments.
Senators RICHTER, MESCHER and FORD proposed the following Amendment No. 1 (1196R008.LER), which was adopted:
Amend the amendment bearing Document No. 1196R007.GFM, page 8, by adding a new subsection at the end of Section 31-12-40 to read:
/( ) The appointments made pursuant to subsections (B)(2) and (3), subsection (C)(2) and (3), and subsection (D)(1), (2), (3), and (4) shall be subject to the advice and consent of the state Senate./
Amend title to conform.
Senator RICHTER argued in favor of the adoption of the amendment.
The amendment was adopted.
Senators PASSAILAIGUE, McCONNELL, ROSE, WASHINGTON, RANKIN and GREG SMITH desired to be recorded as voting against the adoption of the amendment.
Senators McCONNELL, ROSE and MESCHER proposed the following Amendment No. 2 (1196R007.GFM), which was adopted:
Amend the bill, as and if amended, by striking after all enacting words and inserting 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 both the real property to be disposed of by an authority as well as any other properties disposed of directly by the federal government to public or private persons or entities, other than disposal to the federal government for other military uses, in connection with military installation closure and realignment, together with such areas of the surrounding community as may need planning for infrastructure improvements to support the redevelopment project area.
(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 well as any other properties disposed of directly by the federal government to public or private persons or entities, other than disposal to the federal government for other military uses, in connection with military installation closure and realignment. Redevelopment project areas designated pursuant to Section 31-12-200 shall not be counted against the limits on acreage of redevelopment project areas within municipalities contained in Section 31-6-30(7).
(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 as surplus property by the federal government and is to be disposed of by the State or the redevelopment authority as a result of the closure and realignment of military facilities in the State. No more than one authority may be created with jurisdiction over a single federal military installation. Only one authority may be designated within any county and the Governor shall exercise his authority under this chapter in such a manner as to ensure that the composition of any authority created under this section shall be structured or restructured in accordance with the requirements contained hereinbelow as additional properties may be added through other closures and realignments, as properties are disposed of and as federally defined Metropolitan Statistical Areas (MSA's) are redefined, from time to time. If an authority is designated, it shall be the sole representative of the State for negotiations with the appropriate federal authority for reuse and disposal of property.
(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, with the advice and consent of the Senate, 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 county 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
(4) one at-large appointment by the Governor, with the advice and consent of the Senate, who shall be a resident of one of the counties.
(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) five representatives of each municipality within whose boundaries the major portion of properties scheduled for disposal lies, appointed by the respective municipal governing body;
(5) one member elected by a majority of the Senate;
(6) one member elected by a majority of the House of Representatives; and
(7) one at-large appointment by the Governor, with the advice and consent of the Senate, who shall be a resident of one of the counties which lie, wholly or partially, in the MSA.
(E) No member of an authority may be an elected official 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. Each member of an authority must comply with the provisions of Chapter 13 of Title 8 of the 1976 Code of Laws including the requirement to file a statement of economic interests.
(F) All executive orders of the Governor establishing any authority, commission, committee, or other entity relating to or concerned with the effects of the closure of federal military installations shall expire on March 1, 1995. The Governor may issue no executive order relating to the purposes of this chapter except to create or to modify the membership of an authority as provided in Section 31-12-40.
(G) Upon the creation of an authority under the provisions of this chapter with regard to property scheduled for disposal which was also the subject of an executive order of the Governor issued prior to the effective date of this act, the authority may, by its resolution, assume all or part of the responsibilities and activities of the entity previously authorized by the executive order.
Section 31-12-50. (A) The term of office for members appointed pursuant to Sections 31-12-40(B) and 31-12-40(C) is as follows: one of the state representatives, one of the county representatives, and one of the municipality representatives shall serve a four-year term as designated by the respective delegation or governing body. The other members shall serve an initial two-year term, including the at-large appointment by the Governor. The term of office for members appointed pursuant to Section 31-12-40(D) shall be split as equally as possible as between two or four years, as determined by lot at their first organizational meeting, other than the at-large appointment by the Governor, who shall serve an initial two year term. After the initial terms all members shall serve four-year terms. Each member shall hold office until his successor is appointed and qualified.
(B) Vacancies for the unexpired terms of any member who resigns, ceases to be qualified, or is removed must be promptly filled in the manner of the original appointment. Any member who is guilty of malfeasance, misfeasance, incompetency, persistent absenteeism, conflicts of interest, misconduct, persistent neglect of duty in office, or incapacity, is subject to removal by majority vote of the appointing body upon any of the foregoing causes being made to appear satisfactory to the appointing body. A member is subject to removal by an appointing body, with or without cause, upon a two-thirds vote of an appointing body. An appointing officer may remove a member of an authority with or without cause. A member shall receive, as the authority determines, reimbursement for reasonable travel expenses and other out of pocket expenses incurred in the discharge of the member's duties.
Section 31-12-60. The Governor's at-large appointment shall serve for a two year term as chairman of any authority initially established. The authority shall select its vice chairman and such other officers as the authority may determine from its membership. The authority shall select its chairman at all times after the Governor's first at-large appointee ceases to serve his first term.
The authority may employ or contract for technical experts and other agents and employees as it may require and may determine the qualifications and compensation of these persons. A majority of the members then in office shall constitute a quorum for its meeting. No member is liable personally for losses unless the losses are occasioned by the wilful misconduct of the member. An authority may delegate one or more of its members, agents, or employees any of its powers that it considers necessary to carry out the purposes of the authority subject always to the supervision and control of the whole authority.
Section 31-12-70. (A) An authority shall constitute a public body, corporate and politic, exercising public and essential governmental powers, which powers shall include all powers necessary or appropriate to carry out and effectuate the purposes and provisions of this chapter, including the following powers:
(1) to make and from time to time amend and repeal bylaws, rules, regulations, and resolutions;
(2) to have perpetual succession;
(3) to adopt a seal;
(4) to sue and be sued;
(5) to make and execute contracts and other instruments necessary or convenient to the exercise of the powers of the authority; and any contract or instrument when signed by the chairman or vice chairman and secretary or assistant secretary of the authority must be held to have been properly executed for and on its behalf;
(6) to cooperate with any government or municipality as defined in this title;
(7) to act as agent of the State or federal government or any of its instrumentalities or agencies for the public purposes set out in this title;
(8) to prepare or cause to be prepared and adopt redevelopment plans and to undertake and carry out redevelopment projects within its area of operation;
(9) to arrange or contract for the furnishing or repair by any person or agency, public or private, of services, privileges, works, streets, roads, public utilities, or other facilities for or in connection with a redevelopment project; provided, however, the power provided herein shall not be construed to alter or amend the rights, responsibilities, or powers of electrical utilities, electric cooperatives, electric suppliers, municipal electric systems, or the Public Service Authority as provided in Chapter 27 and 31 of Title 58 and Section 5-7-60, as is or as may hereafter be amended;
(10) within its area of operation, to purchase, obtain options upon, acquire by gift, grant, bequest, devise, or otherwise, any real or personal property or any interest in it, together with any improvements on it, necessary or incidental to a redevelopment project, to hold, improve, clear, or prepare for redevelopment of the property, and sell, exchange, transfer, assign, subdivide, retain for its own use, mortgage, pledge or otherwise encumber or dispose of any real or personal property or any interest in it, either as an entirety to a single redeveloper or in parts to several redevelopers, to enter into contracts, either before or after the real property that is the subject of the contract is acquired by the authority, with redevelopers of property containing covenants, restrictions, and conditions regarding the use of the property for residential, commercial, industrial, or recreational purposes or for public purposes in accordance with the redevelopment plan and such other covenants, restrictions, and conditions as the authority may consider necessary to effectuate the purposes of this chapter; and to provide appropriate remedies for any breach of covenants or conditions, including the right to terminate the contracts and any interest in the property created pursuant thereto; to borrow money and issue bonds and provide security for bonds, provided that the authority may not pledge the full faith and credit of the state or of any of its political subdivisions for the repayment of said bonds; to insure or provide for the insurance of any real or personal property or operations of the authority against any risks or hazards, including the power to pay premiums on the insurance; and to enter into any contracts necessary to effectuate the purposes of this chapter;
(11) to invest any funds held in reserves or sinking funds or any funds not required for immediate disbursements, in the investments as may be lawful for guardians, executors, administrators or other fiduciaries under the laws of this State; and to redeem its bonds at the redemption price established therein or to purchase its bonds at less than redemption price, all bonds so redeemed or purchased to be canceled;
(12) to borrow money and to apply for and accept advances, loans evidenced by bonds, grants, contributions, and any other form of financial assistance from the federal government, the State, county, municipality, or other public body or from any sources, public or private for the purposes of this chapter, to give this security as may be required and to enter into and carry out contracts in connection with it;
(13) within its area of operation, to make or have made all surveys, studies, and plans necessary to the carrying out of the purposes of this chapter and in connection with it to enter into or upon any land, building, or improvement on it for the purposes and to make soundings, test borings, surveys, appraisals, and other preliminary studies and investigations necessary to carry out its powers and to contract or cooperate with any and all persons or agencies, public or private, in the making and carrying out the surveys, appraisals, studies, and plans. An authority is specifically authorized to make:
(a) plans for carrying out a program of voluntary repair and rehabilitation of buildings and improvements; and
(b) plans for the enforcement of laws, codes, and regulations relating to the use of land, the use and occupancy of buildings and improvements, and to the compulsory repair, rehabilitation, demolition, or removal of buildings and improvements, subject to the approval of the municipality, or county if not within a municipality, within which the properties lie;
(14) to make expenditures as may be necessary to carry out the purposes of this chapter; and to make expenditures from funds obtained from the federal government;
(15) to perform redevelopment project undertakings and activities in one or more contiguous or noncontiguous redevelopment areas that are planned and carried out on the basis of annual tax increments in accordance with the remaining provision of this Chapter.
(B) In carrying out a redevelopment project, an authority may:
(1) with or without consideration and, at private sale, in accordance with the redevelopment plan, convey real property to the municipality, county, or other appropriate public body to be laid out for streets, alleys, and public ways;
(2) with or without consideration, convey at private sale, in accordance with the redevelopment plan, grant, or dedicate easements and rights-of-way for public utilities, sewers, streets, and other similar facilities;
(3) with or without consideration, and at private sale, in accordance with the redevelopment plan, convey to a municipality, county, or other appropriate public body, real property to be used for parks, schools, public buildings, facilities, or other public purposes; and
(4) temporarily rent or lease, operate, or maintain real property in a redevelopment area, whether or not in accordance with the redevelopment plan and pending the disposition of the property for redevelopment, as may be deemed appropriate.
(C) In developing its redevelopment plans, an authority shall take into account the needs of the surrounding community and attempt to integrate the redevelopment of the properties scheduled for disposition with any adjacent areas. To that end, and with the consent and concurrence of the local governing body having planning and zoning authority over the surrounding areas, the authority may prepare and implement plans for public infrastructure or other improvements which would be authorized under the Community Development Law for a municipality in such areas.
(D) In furtherance of its purposes, an authority may issue revenue bonds, the interest on which may or may not be excludable from gross income for federal income tax purposes, for the purpose of raising funds needed from time to time for the financing or refinancing, in whole or in part, of the acquisition, construction, equipping, maintenance, and operation of any facility, building, structure, or any other matter or thing which the authority is authorized to acquire, construct, equip, maintain, or operate.
Section 31-12-80. (A) Any public body, including the State and any political subdivision or any public or quasi-public entity or affiliated corporate entity by whatever name whose board is appointed pursuant to an act of the General Assembly, upon such terms, with or without consideration, for the purpose of aiding and cooperating in the planning, undertaking, or carrying out of a redevelopment project located within the area in which it is authorized to act, may:
(a) dedicate, sell, convey, or lease any of its interest in any property, or grant easements, licenses, or any other rights or privileges therein to an authority;
(b) cause parks, playgrounds, recreational, community, education, water, sewer, or drainage facilities, or any other works that it is otherwise empowered to undertake, to be furnished in connection with a redevelopment project;
(c) furnish, dedicate, close, vacate, pave, install, grade, regrade, plan or replan streets, roads, sidewalks, ways, or other places that it is otherwise empowered to undertake;
(d) plan or replan any part of the redevelopment;
(e) cause administrative and other services to be furnished to the authority of the character which the public body is otherwise empowered to undertake or furnish for the same or other purposes;
(f) enter into an agreement to pay fees in lieu of taxes as to any properties it might use, own, or acquire located within the redevelopment project area, such fees not to exceed amounts which would otherwise be paid if the properties were not tax exempt, and upon approval of the municipal governing body, such fees may be pledged for the repayment of tax increment finance obligations issued pursuant to this chapter;
(g) enter into an agreement to fund public infrastructure improvements as a part of redevelopment project in such amounts as may represent anticipated savings in capital or operating expenditures of the public body due to its acquisition of properties scheduled for disposition as a part of the redevelopment project; and,
(h) do any and all things necessary or convenient to aid and cooperate in the planning or carrying out of a redevelopment plan.
(B) Any sale, conveyance, or agreement provided for in this section may be made by a public body without public notice, advertisement, or public bidding.
Section 31-12-90. Notwithstanding any provision of law, neither the State nor any political subdivision or any public or quasi-public entity or affiliated corporate entity by whatever name whose board is appointed pursuant to an act of the General Assembly or any non-profit public or non-profit private corporation chartered for the purpose of furthering economic development may make a profit on the sale of real estate to a redevelopment authority created pursuant to this act; nor may any monies from the authority's assets developed through the sale, lease, or fees generated from the profits be transferred to any government entity above, beyond, or outside of the authority itself, except as may be required or permitted by applicable provisions of the Defense Base Closure Realignment Act, 10 U.S.C. 2901, et seq., as it may be amended from time to time.
Section 31-12-100. (A) An authority created pursuant to this chapter may dissolve the authority by a two-thirds vote of the entire number of authorized members if no property remains for redevelopment or if the authority decides to transfer the remaining redevelopment properties to another public body or successor entity created by statute.
(B) Final dissolution may occur only upon sale of all properties to the private sector or conveyance to another public entity described in subsection (A) with the lawful power to receive real and personal property held by the authority and the satisfaction of all outstanding obligations of the authority or their lawful assumption by another public entity described in subsection (A).
(C) Upon a determination to dissolve, the authority may dispose of any tangible or intangible property remaining after transfer of any remaining redevelopment properties as provided by law or in the following manner:
(1) tangible personal property and cash or similar instruments held by the authority shall be distributed to the local governmental entities which nominated members to the authority; and
(2) disbursement of assets shall be based on the cash value of all assets, and shall be distributed in reimbursement to local government entities which have contributed cash funds or capital assets in proportion to the dollar value of contributions made by the government entities that have not been otherwise recovered by the contributing governmental entity through direct revenues.
(D) The authority shall keep annual and permanent records of cash contributions and the value of in-kind donations of the governmental entities, and such records shall be used to determine the distribution of assets of the authority based on the net present value of such contributions at the time it is dissolved."
Section 31-12-110. Notwithstanding any provision of law or regulation, an authority shall be an "agency" for purposes of Chapter 78 of Title 15.
Section 31-12-120. Notwithstanding any provision of law or regulation, an authority must comply with the provisions of Chapter 35 of Title 11 (South Carolina Consolidated Procurement Code) and the related regulations issued by the Budget and Control Board. In any instance where a provision of this chapter is inconsistent with a provision of the Procurement Code or regulation, the Procurement Codes and regulation shall control.
Section 31-12-200. Upon creation of a redevelopment authority by the Governor, any properties scheduled for disposal within a particular municipality, whether contiguous or not, including, to the extent that the State may then or thereafter have or acquire jurisdiction, all properties over which the State has ceded jurisdiction in whole or in part to the United States of America, and including both the real property to be disposed of by an authority as well as any other properties disposed of directly by the federal government to public or private persons or entities, other than disposal to the federal government for other military uses, in connection with military installation closure and realignment, shall without further action being necessary be constituted as a tax increment finance district in accordance with the remaining provisions of this Chapter.
Section 31-12-210. Obligations secured by the special tax allocation fund set forth in Section 31-12-270 for the redevelopment project area may be issued by the municipality upon the request of the authority to provide for redevelopment project costs. The obligations, when so issued, must be retired in the manner provided in the ordinance authorizing the issuance of the obligations by the receipts of taxes levied as specified in Section 31-12-270 against the taxable property included in the area and other revenue as specified in Section 31-12-310 designated by the municipality or by the authority which source does not involve revenues from any tax or license. In the ordinance authorizing the issuance of the obligations the municipality may pledge all or any part of the funds in and to be deposited in the special tax allocation fund created pursuant to Section 32-12-200 to the payment of the redevelopment project costs and obligations. Any pledge of funds in the special tax allocation fund must provide for distribution to the taxing districts of monies not required for payment and securing of the obligations and the excess funds are surplus funds. In the event a municipality only pledges a portion of the monies in the special tax allocation fund for the payment of redevelopment project costs or obligations, any funds remaining in the special tax allocation fund after complying with the requirements of the pledge are also considered surplus funds. All surplus funds must be distributed annually to the taxing districts in the redevelopment project area by being paid by the municipality to the county treasurer of the county in which the municipality is located. The county treasurer shall immediately thereafter make distribution to the respective taxing districts in the same manner and proportion as the most recent distribution by the county treasurer to the affected districts of real property taxes from real property in the redevelopment project area.
In addition to obligations secured by the special tax allocation fund, the municipality, with the concurrence of the authority evidenced by its resolution, may pledge for a period not greater than the term of the obligations toward payment of the obligations any part of the revenues remaining after payment of operation and maintenance, of all or part of any redevelopment project.
The obligations may be issued in one or more series, may bear such date or dates, may mature at such time or times not exceeding thirty years from their respective dates, may bear such rate or rates of interest as the governing body shall determine, may be in such denomination or denominations, may be in such form, either coupon or registered, may carry such registration and conversion privileges, may be executed in such manner, may be payable in such medium of payment, at such place or places, may be subject to such terms of redemption, with or without premium, may be declared or become due before the maturity date thereof, may provide for the replacement of mutilated, destroyed, stolen, or lost bonds, may be authenticated in such manner and upon compliance with such conditions, and may contain such other terms and covenants, as may be provided by the governing body of the municipality. If the governing body determines to sell any obligations the obligations must be sold at public or private sale in such manner and upon such terms as the governing body considers best for the interest of the municipality.
The obligations must be issued within fifteen years of the creation of the tax increment finance district in accordance with Section 31-12-200.
A certified copy of the ordinance authorizing the issuance of the obligations must be filed with the clerk of the governing body of each county and treasurer of each county in which any portion of the tax municipality is situated and shall constitute the authority for the extension and collection of the taxes to be deposited in the special tax allocation fund.
A municipality also may issue its obligations to refund in whole or in part obligations previously issued by the municipality under the authority of this chapter, whether at or prior to maturity, and all references in this chapter to "obligations" are considered to include these refunding obligations.
The debt incurred by a municipality pursuant to this chapter is exclusive of any statutory limitation upon the indebtedness a taxing district may incur. All obligations issued pursuant to this chapter shall contain a statement on the face of the obligation specifying the sources from which payment is to be made and shall state that the full faith, credit, and taxing powers are not pledged for the obligations.
The trustee or depositary under any indenture may be such persons or corporations as the governing body designates, or they may be nonresidents of South Carolina or incorporated under the laws of the United States or the laws of other states of the United States.
Section 31-12-250. The proceeds from obligations issued under authority of Sections 31-12-200 through 31-12-320 of this chapter must be applied only for the purpose for which they were issued. Any premium and accrued interest received in any such sale must be applied to the payment of the principal of or the interest on the obligations sold. Any portion of the proceeds not needed for redevelopment project costs must be applied to the payment of the principal of or the interest on the obligations.
Section 31-12-260. The obligations authorized by this chapter and the income from the obligations and all security agreements and indentures executed as security for the obligations made pursuant to the provisions of this chapter and the revenue derived from the obligations are exempt from all taxation in the State of South Carolina except for inheritance, estate, or transfer taxes and all security agreements and indentures made pursuant to the provisions of this chapter are exempt from all state stamp and transfer taxes.
Section 31-12-270. A municipality, after the adoption of an ordinance pursuant to Section 31-12-280 concurring in an authority's redevelopment plan, may issue obligations under this chapter upon the request of the redevelopment authority to finance the redevelopment project upon adoption of an ordinance providing that:
(1) after the issuance of the obligations; and
(2) after the total equalized assessed valuation of the taxable real property in a redevelopment project area exceeds the certified "total initial equalized assessed value" established in accordance with Section 31-12-300(B) of all taxable real property in the project area, the ad valorem taxes, if any, arising from the levies upon taxable real property in the project area by taxing districts and tax rates determined in the manner provided in Section 31-12-300(B) each year after the obligations have been issued until obligations issued under this chapter have been retired and redevelopment project costs have been paid must be divided as follows:
(a) that portion of taxes levied upon each taxable lot, block, tract, or parcel of real property which is attributable to the total initial equalized assessed value of all taxable real property in the redevelopment project area must be allocated to and when collected must be paid by the county treasurer to the respective affected taxing districts in the manner required by law in the absence of the adoption of the redevelopment plan; and
(b) that portion, if any, of taxes which is attributable to the increase in the current total equalized assessed valuation of all taxable real property in the redevelopment project area over and above the total initial equalized assessed value of taxable real property in the redevelopment project area must be allocated to and when collected must be paid to the municipality which shall deposit the taxes into a special fund called the special tax allocation fund of the municipality for the purpose of paying redevelopment project costs and obligations incurred in the payment of the costs and obligations. The municipality may pledge in the ordinance the funds in and to be deposited in the special tax allocation fund for the payment of the costs and obligations.
When obligations issued under this chapter have been retired and redevelopment project costs incurred under this chapter have been paid or budgeted pursuant to the redevelopment plan, as evidenced by resolution of the governing body of the municipality, concurred in by resolution of the authority, all surplus funds then remaining in the special tax allocation fund must be paid by the municipal treasurer to the county treasurer who immediately, after receiving the payment, shall pay the funds to the taxing districts in the redevelopment project area in the same manner and proportion as the most recent distribution by the treasurer to the affected districts of real property taxes from real property in the redevelopment project area.
Upon the payment of all redevelopment project costs, retirement of all obligations of a municipality issued under this chapter, and the distribution of any surplus monies pursuant to this section, at least fifteen years having passed since the creation of the tax increment finance district pursuant to Section 31-12-200, the municipality shall adopt an ordinance dissolving the tax allocation fund for the project redevelopment area and terminating the designation of the redevelopment project area as a redevelopment project area for purposes of this chapter. Thereafter, the rates of the taxing districts must be extended and taxes levied, collected, and distributed in the manner applicable in the absence of the adoption of a redevelopment plan and the issuance of obligations under this chapter.
Section 31-12-280. Prior to the issuance of any obligations under this chapter, the municipality shall set forth by way of ordinance the following:
(a) a copy of the redevelopment plan of the authority;
(b) a statement indicating the need for and proposed use of the proceeds of the obligations in relationship to the redevelopment plan;
(c) a list of all real property in the redevelopment project area; and
(d) a statement of the estimated impact of the redevelopment plan upon the revenues of all taxing districts in which a redevelopment project area is located.
Before approving the issuance of any obligations under this chapter, the governing body of the municipality must hold a public hearing on the redevelopment plan after published notice in a newspaper of general circulation in the county in which the tax increment finance district is located not less than fifteen days and not more than thirty days prior to the hearing. The notice shall include:
(1) the time and place of the public hearing;
(2) a notification that all interested persons will be given an opportunity to be heard at the public hearing;
(3) a description of the redevelopment project area, the redevelopment plan, and the redevelopment project; and
(4) the maximum estimated term of obligations to be issued at that time.
Not less than forty-five days prior to the date set for the public hearing, the municipality shall give the same notice to all taxing districts of which taxable property is included in the redevelopment project area.
Adoption of an ordinance approving the issuance of any obligations under this Chapter shall not preclude amendments to the redevelopment plan of the authority and any proceeds of obligations issued hereunder may be applied to the implementation of any such amended redevelopment plan.
Section 31-12-290. Carry forward of funds.
During the existence of the special tax allocation fund created pursuant to this Chapter, funds not otherwise expended may be carried forward from year to year to be applied to future years obligations and shall not be considered surplus funds subject to distribution under the provisions of Section 31-12-270 unless determined otherwise by resolution of the authority.
Section 31-12-300. (A) If a municipality by ordinance authorizes by ordinance the issuance of obligations pursuant to Section 31-12-210, the auditor of the county in which the municipality is situated, immediately after adoption of the ordinance pursuant to Section 31-12-210, must, upon request of the municipality, determine and certify:
(1) the most recently ascertained equalized assessed value of all taxable real property within the redevelopment project area, as of the date of creation of the authority pursuant to Section 31-12-200, or the date the properties were scheduled for disposal by final action of the federal government in the case of properties added after the date of creation of the authority, which value is the "initial equalized assessed value" of the property; and
(2) the total equalized assessed value of all taxable real property within the redevelopment project area and certifying the amount as the "total initial equalized assessed value" of the taxable real property within the redevelopment project area.
(B) After the county auditor has certified the total initial equalized assessed value of the taxable real property in the area, then in respect to every taxing district containing a redevelopment project area, the county auditor or any other official required by law to ascertain the amount of the equalized assessed value of all taxable property within the district for the purpose of computing the rate percent of tax to be extended upon taxable property within such district, shall in every year that obligations are outstanding for redevelopment projects in the redevelopment area ascertain the amount of value of taxable property in a project redevelopment area by including in the amount the certified total initial equalized assessed value of all taxable real property in the area in lieu of the equalized assessed value of all taxable real property in the area. The rate percent of tax determined must be extended to the current equalized assessed value of all property in the redevelopment project area in the same manner as the rate percent of tax is extended to all other taxable property in the taxing district. The method of extending taxes established under this section terminates when the municipality adopts an ordinance dissolving the special tax allocation fund for the redevelopment project.
Section 31-12-310. Revenues received by the municipality or authority from any property, building, or facility owned by the municipality or authority, or any agency or authority established by the municipality, in the redevelopment project area may be used to pay redevelopment project costs or reduce outstanding obligations of the municipality incurred under this chapter for redevelopment project costs. If the obligations are used to finance the extension or expansion of a system as defined in Section 6-21-40 in the redevelopment project area, all or a portion of the revenues of the system, whether or not located entirely within the redevelopment project area, including the revenues of the redevelopment project, may be pledged to secure the obligations issued under this chapter. The municipality is fully empowered to use any of the powers granted by either or both of the provisions of Chapter 17 of Title 6 (The Revenue Bond Refinancing Act of 1937) or the provisions of Chapter 21 of Title 6 (Revenue Bond Act for Utilities). In exercising the powers conferred by the provisions, the municipality may make any pledges and covenants authorized by any provision of those chapters. The municipality may place the revenues in the special tax allocation fund or a separate fund which must be held by the municipality or financial institution designated by the municipality. Revenue received by the municipality or authority from the sale or other disposition of real property acquired by the municipality or authority with the proceeds of obligations issued under the provisions of this chapter must be deposited by the municipality or authority in the special tax allocation fund of the municipality or a separate fund which must be held by the municipality or authority or a financial institution designated by the municipality or authority, with such proceeds to be used to discharge the obligations issued pursuant to this chapter or otherwise to further the purposes of the redevelopment project. Proceeds of grants may be pledged by the municipality and deposited in the special tax allocation fund or a separate fund.
Section 31-12-320. If the redevelopment project area is located within more than one municipality, the municipalities may jointly approve a redevelopment plan and authorize obligations as provided under the provisions of this chapter.
SECTION 2. Section 6-7-830(a) of the 1976 Code is amended to read:
"(a) All agencies, departments and subdivisions of this State that use real property, as owner or tenant, in any county or municipality in this State shall be subject to the zoning ordinances thereof.
Any county or agency, department or subdivision thereof that uses any real property, as owner or tenant, within the limits of any municipality in this State shall be subject to the zoning ordinances of the municipality.
Any municipality or agency, department or subdivision thereof, that uses any real property, as owner or tenant, within the limits of any county in this State but not within the limits of such municipality shall be subject to the zoning ordinances of the county.
All agencies, departments, and subdivisions of this State, including public or quasi-public entities by whatever name whose board is appointed pursuant to an act of the General Assembly and redevelopment authorities created pursuant to Chapter 12 of Title 31, that use real property, as owner or tenant, in any county or municipality in this State shall be subject to the zoning and subdivision ordinances and regulations thereof.
Any county or agency, department, or subdivision thereof that uses any real property, as owner or tenant, within the limits of any municipality in this State shall be subject to the zoning and subdivision ordinances and regulations of the municipality.
Any municipality or agency, department, or subdivision thereof, that uses any real property, as owner or tenant, within the limits of any county in this State but not within the limits of such municipality shall be subject to the zoning and subdivision ordinances and regulations of the county. Any municipality or agency, department, or subdivision thereof, that uses any real property, as owner or tenant, within the limits of any other municipality in this State but not within its own limits shall be subject to the zoning and subdivision ordinances and regulation of such other municipality.
The provisions of this section shall apply regardless of any cession of jurisdiction to the United States of America pursuant to Chapter 3 of Title 3, or otherwise.
The provisions of this section shall not require any state agency, department or subdivision to move from facilities occupied on June 18, 1976, regardless of whether or not their location is in violation of municipal or county zoning ordinances.
The provisions of this act do not apply to a home serving nine or fewer mentally or physically handicapped persons provided the home provides care on a twenty-four hour basis and is approved or licensed by a state agency or department or under contract with the agency or department for such purpose. Any such home is construed to be a natural family or such similar term as may be utilized by any county or municipal zoning ordinance to refer to persons related by blood or marriage. Prior to locating the home for such handicapped persons the appropriate state agency or department or the private entity operating the home under contract must first give prior notice to the local governing body administering the pertinent zoning laws, advising of the exact site of any proposed home. The notice must also identify the individual representing the agency, department, or private entity for site selection purposes. If the local governing body objects to the selected site, the governing body must notify the site selection representative of the entity seeking to establish the home within fifteen days of receiving notice and must appoint a representative to assist the entity in selection of a comparable alternate site and/or structure. The site selection representative of the entity seeking to establish the home and the representative of the local governing body, shall select a third mutually agreeable person. The three persons shall have forty-five days to make a final selection of the site by majority vote. Such final selection shall be binding on the entity and the governing body. In the event no selection has been made by the end of the forty-five day period, the entity establishing the home shall select the site without further proceedings. An application for variance or special exception is not required. No person may intervene to prevent the establishment of such a community residence without reasonable justification.
Prospective residents of such homes shall be screened by the licensing agency to insure that such placement is appropriate.
The licensing agency shall conduct reviews of such homes no less frequently than every six months for the purpose of promoting the rehabilitative purposes of the homes and their continued compatibility with their neighborhoods."
SECTION 3. Section 6-31-20(2) of the 1976 Code is amended to read:
"(2) `Developer' means a person, including a governmental agency or redevelopment authority created pursuant to the provisions of the Military Facilities Redevelopment Law, who intends to undertake any development and who has a legal or equitable interest in the property to be developed."
SECTION 4. Section 6-31-40 of the 1976 Code is amended to read:
"Section 6-31-40. A local government may enter into a development agreement with a developer for the development of property as provided in this chapter provided the property contains twenty-five acres or more of highland. Development agreements involving property containing no more than two hundred fifty acres of highland shall be for a term not to exceed five years. Development agreements involving property containing one thousand acres or less of highland but more than two hundred fifty acres of highland shall be for a term not to exceed ten years. Development agreements involving property containing two thousand acres or less of highland but more than one thousand acres of highland and development agreements with a developer which is a redevelopment authority created pursuant to the provisions of the Military Facilities Redevelopment Law, regardless of the number of acres of property involved, shall be for a term not to exceed twenty years. Development agreements involving property containing more than two thousand acres may be for such term as the local government and developer shall elect."
SECTION 5. If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.
SECTION 6. This act takes effect upon approval by the Governor./
Amend title to conform.
Senator McCONNELL argued in favor of the adoption of the amendment.
The amendment was adopted.
There being no further amendments, the Bill was amended and ordered returned to the House of Representatives with amendments.
H. 4031 -- Reps. M.O. Alexander and Phillips: A BILL TO AMEND SECTION 56-1-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXPIRATION OF DRIVER'S LICENSE, RENEWAL, VISION TESTS, AND REEXAMINATIONS, SO AS TO CHANGE THE MANNER OF PROOF THAT A PERSON ON ACTIVE MILITARY DUTY OUTSIDE THE STATE MUST PRESENT TO THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO QUALIFY FOR RENEWAL OF HIS DRIVER'S LICENSE.
Senator MARTIN asked unanimous consent to make a motion to recall the Bill from the Committee on Transportation.
There was no objection.
On motion of Senator MARTIN, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 4376 -- Reps. Kirsh and Rudnick: A BILL TO AMEND SECTION 12-39-180, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUTIES OF THE COUNTY AUDITOR IN LEVYING PROPERTY TAXES, SO AS TO PROVIDE THAT THE MINIMUM ASSESSMENT OF TWENTY DOLLARS ON ALL TAXABLE PROPERTY APPLIES ONLY WITH RESPECT TO PERSONAL PROPERTY WHERE NO HIGHER MINIMUM ASSESSMENT IS IMPOSED.
Senator HAYES asked unanimous consent to make a motion to recall the Bill from the Committee on Finance.
There was no objection.
On motion of Senator HAYES, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 4403 -- Reps. Holt, Harrelson, Harvin and Mattos: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-1-290 SO AS TO PROVIDE REQUIREMENTS FOR RAISED DEER STANDS USED AT DEER HUNTS OFFERED TO THE PUBLIC BY THE DEPARTMENT OF NATURAL RESOURCES.
Senator HOLLAND asked unanimous consent to make a motion to recall the Bill from the Committee on Fish, Game and Forestry.
There was no objection.
On motion of Senator HOLLAND, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 4619 -- Reps. Huff, Wilkins, R. Smith, Sharpe, A. Young and Stone: A BILL TO AMEND SECTION 62-7-302, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A TRUSTEE'S STANDARD OF CARE, SO AS TO FURTHER PROVIDE FOR THE DUTIES OF A TRUSTEE WITH RESPECT TO ACQUIRING OR RETAINING A CONTRACT OF INSURANCE UPON THE LIFE OF THE TRUSTOR OR TRUSTOR'S SPOUSE.
Senator WILLIAMS asked unanimous consent to make a motion to recall the Bill from the Committee on Judiciary.
There was no objection.
The Senate proceeded to a consideration of the Bill. The question being the second reading of the Bill.
The Bill was read the second time and ordered placed on the third reading Calendar with notice of general amendments.
H. 4865 -- Reps. Keyserling, White, Richardson and Harrelson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 56 TO TITLE 59 SO AS TO CREATE THE BEAUFORT-JASPER HIGHER EDUCATION COMMISSION AND PROVIDE FOR ITS MEMBERSHIP, MEETINGS, AUTHORITY, AND DUTIES; TO REPEAL ACT 90 OF 1959 RELATING TO THE BEAUFORT COUNTY HIGHER EDUCATION COMMISSION; AND TO PROVIDE FOR FINAL AND INITIAL TERMS.
Senator SETZLER asked unanimous consent to make a motion to recall the Bill from the Committee on Education.
There was no objection.
On motion of Senator SETZLER, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
The following Bill was read the third time and having received three readings in both Houses, it was ordered that the title be changed to that of an Act and enrolled for Ratification:
H. 4349 -- Reps. Wilkins, Wright, Harrell, Fulmer, Corning, Simrill, Hallman, H. Brown, Clyborne, Vaughn, Allison, Gamble, Marchbanks, Trotter, Stuart, Walker, Hutson, Littlejohn, Wells, Huff, D. Smith, Gonzales, Witherspoon, Haskins, Shissias, Thomas, Kelley, Harrison, Stone, Fair, Richardson, Riser, R. Smith, Graham, Law, Davenport, A. Young, Sharpe and Robinson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 2-1-25 SO AS TO ESTABLISH THE ELECTION DISTRICTS FROM WHICH MEMBERS OF THE HOUSE OF REPRESENTATIVES ARE ELECTED COMMENCING WITH THE 1994 GENERAL ELECTION, TO DESIGNATE THE HOUSE OF REPRESENTATIVES AS THE SUBMITTING AUTHORITY TO MAKE THE REQUIRED SUBMISSION OF THE HOUSE REAPPORTIONMENT PLAN CONTAINED IN THIS ACT TO THE UNITED STATES DEPARTMENT OF JUSTICE UNDER THE VOTING RIGHTS ACT, AND TO REPEAL SECTION 2-1-10, RELATING TO ELECTION DISTRICTS FROM WHICH MEMBERS OF THE HOUSE OF REPRESENTATIVES WERE FORMERLY ELECTED.
(By prior motion of Senator WILLIAMS, with unanimous consent)
The following were introduced:
S. 1419 -- Senator Moore: A SENATE RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE SENATE TO THE FAMILY AND MANY FRIENDS AND ADMIRERS OF MR. JOHN E. CUMBEE OF AIKEN COUNTY WHO DIED APRIL 25, 1994.
The Senate Resolution was adopted.
S. 1420 -- Senator Moore: A SENATE RESOLUTION TO RECOGNIZE MR. ALEXANDER A. VALOIS OF NORTH AUGUSTA UPON BEING NAMED AIKEN COUNTY'S OUTSTANDING OLDER SOUTH CAROLINIAN.
The Senate Resolution was adopted.
S. 1421 -- Senators Moore and Ryberg: A BILL TO AMEND ACT 268 OF 1989 TO CHANGE THE TAX MILLAGE FOR THE SCHOOL DISTRICT OF AIKEN COUNTY FOR THE YEAR 1994 AND THEREAFTER.
Read the first time and ordered placed on the local and uncontested Calendar without reference.
On motion of Senator RYBERG, with unanimous consent, S. 1421 was ordered to receive a second and third reading with notice of general amendments.
S. 1422 -- Senator Macaulay: A JOINT RESOLUTION TO PROVIDE FOR AN ADVISORY REFERENDUM IN OCONEE COUNTY TO BE HELD AT THE SAME TIME AS THE 1994 PRIMARIES TO DETERMINE THE WISHES OF THE ELECTORS OF THE COUNTY AS TO WHETHER THE COUNTY SUPERINTENDENT OF EDUCATION MUST BE ELECTED OR APPOINTED BY THE BOARD OF TRUSTEES OF THE OCONEE COUNTY SCHOOL DISTRICT AND TO DETERMINE THE WISHES OF THE ELECTORS OF THE COUNTY AS TO WHETHER THE BOARD OF TRUSTEES OF THE OCONEE COUNTY SCHOOL DISTRICT BE REDUCED IN NUMBER FROM NINE MEMBERS TO FIVE MEMBERS FROM THE SAME SINGLE MEMBER ELECTION DISTRICTS UTILIZED FOR THE ELECTION OF THE MEMBERS OF THE OCONEE COUNTY COUNCIL.
Read the first time and ordered placed on the local and uncontested Calendar without reference.
On motion of Senator MACAULAY, with unanimous consent, S. 1422 was ordered to receive a second and third reading with notice of general amendments.
S. 1423 -- Agriculture and Natural Resources Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE STATE CROP PEST COMMISSION, CLEMSON UNIVERSITY, RELATING TO QUARANTINE OF PHYTOPHAGOUS SNAILS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1720, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Read the first time and ordered placed on the Calendar without reference.
On motion of Senator LEVENTIS, S. 1423 was ordered to receive a second and third reading on the next two consecutive legislative days.
S. 1424 -- Senator Macaulay: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF MARTHA TODD ALEXANDER RILEY OF SENECA, AND EXTENDING SYMPATHY TO HER FAMILY AND MANY FRIENDS.
On immediate consideration, the Concurrent Resolution was adopted, ordered sent to the House.
S. 1425 -- Senators Courson, Patterson, Giese and Jackson: A BILL TO ABOLISH THE RICHLAND COUNTY HISTORIC PRESERVATION COMMISSION AND DEVOLVE ITS POWERS, DUTIES, AND FUNCTIONS UPON THE HISTORIC COLUMBIA FOUNDATION; AND TO REPEAL ACT 69 OF 1963, AS AMENDED, RELATING TO THE RICHLAND COUNTY HISTORIC PRESERVATION COMMISSION.
Read the first time and ordered placed on the local and uncontested Calendar without reference.
On motion of Senator COURSON, with unanimous consent, S. 1425 was ordered to receive a second and third reading on the next two consecutive legislative days.
S. 1426 -- Senator Short: A SENATE RESOLUTION TO EXTEND THE BEST WISHES AND HEARTFELT CONGRATULATIONS OF THE SOUTH CAROLINA SENATE TO MISS ALLISON FEASTER OF CHESTER HIGH SCHOOL IN CHESTER COUNTY FOR THE MANY HONORS AND ACCOLADES SHE HAS RECEIVED AS AN ATHLETE AND AS A SCHOLAR AND WISH HER CONTINUED SUCCESS IN PURSUING HER FUTURE ENDEAVORS.
The Senate Resolution was adopted.
Pursuant to an invitation the Honorable Speaker and House of Representatives appeared in the Senate Chamber at 11:15 A.M. and the following Acts and Joint Resolutions were ratified:
(R462) S. 443 -- Senators Richter, Rose, Giese and Reese: AN ACT TO AMEND SECTION 30-4-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CERTAIN MATTERS EXEMPT FROM DISCLOSURE UNDER THE FREEDOM OF INFORMATION ACT, SO AS TO PROVIDE THAT INFORMATION CONTAINED IN PUBLIC DOCUMENTS OR RECORDS OF A PERSONAL NATURE CONCERNING DISABLED PERSONS MAY NOT BE DISCLOSED FOR PERSON-TO-PERSON COMMERCIAL SOLICITATION OF DISABLED PERSONS.
(R463) S. 896 -- Senators Hayes, Peeler, Gregory and Short: A JOINT RESOLUTION TO DIRECT THE SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION TO ERECT CERTAIN DIRECTIONAL SIGNS RELATING TO THE LOCATION OF THE YORK COUNTY CONVENTION AND VISITORS BUREAU/VISITOR INFORMATION CENTER AND THE LOCATION OF LAKE MURRAY AND THE TOWN OF LEXINGTON IN LEXINGTON COUNTY.
(R464) S. 907 -- Senators Passailaigue, McConnell and Giese: AN ACT TO AMEND SECTION 4-9-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF POWERS UNDER THE ALTERNATE FORMS OF GOVERNMENT, SO AS TO PROHIBIT THE LEVY OF COUNTY LICENSES FEES AND TAXES ON INSURANCE COMPANIES.
(R465) S. 920 -- Senators Leventis, J. Verne Smith, Thomas, Courson, Passailaigue, Giese, Lander, Reese, Rose and Mescher: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-43-215 SO AS TO REQUIRE THE LAND VALUE OF OWNER-OCCUPIED RESIDENTIAL REAL PROPERTY TO BE VALUED ON THE BASIS THAT ITS HIGHEST AND BEST USE IS FOR RESIDENTIAL PURPOSES; TO AMEND THE 1976 CODE BY ADDING SECTION 12-43-232 SO AS TO PROVIDE THAT REAL PROPERTY DOES NOT QUALIFY AS AGRICULTURAL REAL PROPERTY UNLESS THE TRACT IS FIVE ACRES OR MORE FOR TIMBERLAND AND TEN ACRES OR MORE FOR OTHER THAN TIMBERLAND, TO PROVIDE THAT THE TEN ACRE MINIMUM DOES NOT APPLY IF A ONE THOUSAND DOLLAR A YEAR GROSS FARM INCOME TEST IS MET IN AT LEAST THREE OF THE PRECEDING FIVE YEARS AND TO MAKE A PERSON FIRST APPLYING FOR AGRICULTURAL USE ON A LESS THAN TEN ACRE TRACT ELIGIBLE FOR AGRICULTURAL USE, SUBJECT TO THE ROLLBACK TAX IF THE OWNER FAILS TO MEET THE SAME INCOME TEST IN THE FIRST FIVE YEARS OF OPERATION, TO ALLOW THE ASSESSOR TO OBTAIN TAX AND OTHER INFORMATION TO VERIFY APPLICATIONS, TO PROVIDE THAT LAND IDLE UNDER LAND RETIREMENT PROGRAMS QUALIFIES FOR AGRICULTURAL USE IF OTHERWISE ELIGIBLE, TO PROVIDE THAT UNIMPROVED REAL PROPERTY SUBJECT TO A CONSERVATION EASEMENT MUST BE CLASSIFIED AS AGRICULTURAL REAL PROPERTY, TO PROVIDE THAT A NONTIMBERLAND TRACT NOT MEETING THE ACREAGE REQUIREMENT MUST REMAIN CLASSIFIED AS AGRICULTURAL REAL PROPERTY IF THE PROPERTY WAS CLASSIFIED AS AGRICULTURAL USE PROPERTY IN 1994 AND THE CURRENT OWNER OR AN IMMEDIATE FAMILY MEMBER HAS OWNED THE TRACT FOR AT LEAST TEN YEARS AS OF JANUARY 1, 1994, TO DEFINE "IMMEDIATE FAMILY", TO PROVIDE THAT EITHER A LESSOR OR LESSEE MAY MEET THE REQUIREMENT OF THIS SECTION, TO REQUIRE APPLICANTS FOR AGRICULTURAL USE AND THE SPECIAL ASSESSMENT RATIO FOR CERTAIN AGRICULTURAL PROPERTY TO CERTIFY THE PROPERTY MEETS THE APPLICABLE REQUIREMENTS; TO PROVIDE FOR TAXATION, INCLUDING PENALTIES, OF PROPERTY IN LIEU OF THE ROLLBACK TAX WHICH WAS NOT ELIGIBLE FOR AGRICULTURAL USE WHEN THE APPLICATION WAS MADE, AND TO PROVIDE FOR USE OF THE ADDITIONAL REVENUES; TO AMEND THE 1976 CODE BY ADDING SECTION 12-43-340 SO AS TO MAKE IT UNLAWFUL KNOWINGLY AND WILFULLY TO MAKE A FALSE STATEMENT ON THE AGRICULTURAL USE APPLICATION AND PROVIDE A PENALTY; TO AMEND SECTION 12-43-220(d)(3), AS AMENDED, RELATING TO THE VALUATION AND CLASSIFICATION OF PROPERTY FOR PURPOSES OF PROPERTY TAX, SO AS TO EXTEND THE TIME FOR MAKING THE AGRICULTURAL USE VALUE APPLICATION UNTIL THE FIRST TAX PENALTY DATE, TO PROVIDE THAT NO ROLLBACK TAX IS DUE ON PROPERTY INITIALLY CLASSIFIED AS AGRICULTURAL REAL PROPERTY WHEN CHANGED BY THIS ACT, TO REQUIRE ALL OWNERS TO REAPPLY FOR AGRICULTURAL USE VALUE TO MAINTAIN THAT USE AFTER 1994, AND TO MAKE THE PROVISION OF THIS ACT EFFECTIVE FOR PROPERTY TAX YEARS BEGINNING AFTER 1994.
(R466) S. 1212 -- Senators Setzler and Giese: AN ACT TO AMEND SECTION 8-17-320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN REGARD TO STATE EMPLOYEE GRIEVANCE PROCEDURES, SO AS TO REVISE THE DEFINITION OF A "PROBATIONARY EMPLOYEE", AS IT RELATES TO FACULTY AT STATE TECHNICAL COLLEGES, AND TO CLARIFY THIS DEFINITION'S EFFECTIVE DATE.
(R467) S. 1348 -- Senator Gregory: AN ACT TO ESTABLISH THE REGISTRATION AND ELECTION COMMISSION FOR LANCASTER COUNTY, TO ABOLISH THE OFFICE OF COMMISSIONERS OF ELECTION AND THE REGISTRATION BOARD FOR LANCASTER COUNTY AND DEVOLVE THE POWERS AND DUTIES OF THE COMMISSIONERS OF ELECTION AND THE REGISTRATION BOARD UPON THE REGISTRATION AND ELECTION COMMISSION, AND PROVIDE THAT THE CURRENT MEMBERS OF THE LANCASTER COUNTY ELECTION COMMISSION AND THE LANCASTER COUNTY REGISTRATION BOARD SHALL ACT AS THE GOVERNING COMMISSION OF THE NEW LANCASTER COUNTY REGISTRATION AND ELECTION COMMISSION UNTIL THE MEMBERS OF THE NEW COMMISSION APPOINTED AS PROVIDED BY THIS ACT TAKE OFFICE, AT WHICH TIME THE TERMS OF THE FORMER COMMISSIONERS OF ELECTION AND REGISTRATION BOARD MEMBERS SHALL EXPIRE.
(R468) H. 3094 -- Reps. Kirsh and Moody-Lawrence: AN ACT TO PROVIDE FOR SITE AND SITE APPROVAL, TESTING OF EQUIPMENT, MANAGEMENT OF THE OPERATION, OPERATING PROCEDURES, AND THE PROVISIONS AND EMERGENCY PROCEDURES RELATING TO BUNGEE JUMPING AND BUNGEE JUMPING FACILITIES AND OPERATIONS IN SOUTH CAROLINA, INCLUDING, AMONG OTHER THINGS, CERTAIN FEES, FINES, AND PENALTIES AND THE PROHIBITION OF CERTAIN ACTIVITY.
(R469) H. 3374 -- Reps. Harrison, Fulmer, Kelley and Phillips: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-1535 SO AS TO PROHIBIT SPEEDING IN HIGHWAY WORK ZONES, PROVIDE PENALTIES, DEFINE TERMS, AND PROVIDE FOR APPLICATION OF THE SECTION AND POSTING OF SIGNS; AND SECTION 56-5-1895 SO AS TO PROHIBIT PASSING IN HIGHWAY WORK ZONES AND PROVIDE PENALTIES.
(R470) H. 3603 -- Reps. P. Harris, Sturkie, Carnell, Harrison, Corning, Shissias, Cooper, Stille, Tucker, Neal, McAbee, Snow, Townsend, Riser, Byrd, J. Bailey, J. Brown and Thomas: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 10-1-175 SO AS TO AUTHORIZE THE DIVISION OF GENERAL SERVICES TO ERECT A MEMORIAL ON THE STATE HOUSE GROUNDS TO HONOR STATE OR LOCAL LAW ENFORCEMENT OFFICERS WHO HAVE LOST THEIR LIVES IN THE LINE OF DUTY.
(R471) H. 3607 -- Rep. Hodges: AN ACT TO AMEND SECTION 23-24-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO USE OF UNIFORMS AND WEAPONS BY UNIFORMED LAW ENFORCEMENT OFFICERS, SO AS TO EXTEND THE AUTHORIZATIONS IN THE SECTION TO RESERVE POLICE OFFICERS, AS DEFINED IN SECTION 23-28-10.
(R472) H. 3935 -- Rep. Corning: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 14-17-595 SO AS TO PERMIT CLERKS OF COURT TO MAINTAIN ANY PUBLIC RECORD IN A COMPUTER SYSTEM SO LONG AS THERE IS A BACK-UP COPY MAINTAINED ON PERMANENTLY VALUABLE RECORDS; TO AMEND SECTION 14-23-1100, RELATING TO DUTIES OF CLERKS OF COURT AND SECTION 14-23-1130, AS AMENDED, RELATING TO RECORDS OF PROBATE COURT, SO AS TO REVISE THESE SECTIONS SO THAT COURT RECORDS MAY BE MAINTAINED AND DUTIES CARRIED OUT TO FACILITATE THE USE OF A COMPUTER SYSTEM OR RELATED EQUIPMENT.
(R473) H. 4054 -- Reps. M.O. Alexander and Phillips: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 2-19-35 SO AS TO PROVIDE THAT WHERE A VACANCY ON A BOARD OF TRUSTEES OF A COLLEGE OR UNIVERSITY OF THIS STATE, REQUIRING ELECTION BY THE GENERAL ASSEMBLY TO FILL, HAS OCCURRED FOR ANY REASON OTHER THAN EXPIRATION OF THE TERM AND IS UNFILLED AT THE BEGINNING OF AN ANNUAL SESSION OF THE GENERAL ASSEMBLY, A JOINT REVIEW COMMITTEE TO CONSIDER APPLICANTS FOR THIS VACANCY AND OTHERS OF SIMILAR CIRCUMSTANCES MUST BE APPOINTED WITHIN SIX LEGISLATIVE DAYS AFTER THE ANNUAL SESSION OF THE GENERAL ASSEMBLY CONVENES, AND THE ELECTION TO FILL THIS VACANCY MUST OCCUR WITHIN SIX WEEKS AFTER THE JOINT REVIEW COMMITTEE IS APPOINTED, AND TO PROVIDE EXCEPTIONS.
(R474) H. 4143 -- Reps. Hodges and Boan: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAYS OF NOVEMBER 30-DECEMBER 3, 1992, MISSED BY THE STUDENTS OF BARR STREET JUNIOR HIGH SCHOOL IN LANCASTER COUNTY, AND THE SCHOOL DAYS OF DECEMBER 3, 4, AND 7 OF 1992, MISSED BY THE STUDENTS OF THE DOBSON ELEMENTARY SCHOOL IN LANCASTER COUNTY WHEN THESE SCHOOLS WERE CLOSED DUE TO FIRE ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
(R475) H. 4306 -- Reps. Kirsh, McCraw, Simrill, Meacham, Moody-Lawrence, Delleney and Rudnick: A JOINT RESOLUTION TO DIRECT THE SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION TO ERECT CERTAIN DIRECTIONAL SIGNS RELATING TO THE LOCATION OF THE YORK COUNTY CONVENTION AND VISITORS BUREAU/VISITOR INFORMATION CENTER AND LAKE MURRAY AND THE TOWN OF LEXINGTON IN LEXINGTON COUNTY.
(R476) H. 4321 -- Reps. Gonzales, Jaskwhich, Harvin and Harrell: AN ACT TO AMEND SECTION 5-7-155, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO POLICE JURISDICTION OVER CERTAIN STREETS ALONG WHICH MUNICIPAL BOUNDARIES RUN, SO AS TO PROVIDE THAT POLICE JURISDICTION INCLUDES THE RIGHT OF WAY OF THE STREET ALONG WHICH THE BOUNDARY RUNS.
(R477) H. 4349 -- Reps. Wilkins, Wright, Harrell, Fulmer, Corning, Simrill, Hallman, H. Brown, Clyborne, Vaughn, Allison, Gamble, Marchbanks, Trotter, Stuart, Walker, Hutson, Littlejohn, Wells, Huff, D. Smith, Gonzales, Witherspoon, Haskins, Shissias, Thomas, Kelley, Harrison, Stone, Fair, Richardson, Riser, R. Smith, Graham, Law, Davenport, A. Young, Sharpe and Robinson: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 2-1-25 SO AS TO ESTABLISH THE ELECTION DISTRICTS FROM WHICH MEMBERS OF THE HOUSE OF REPRESENTATIVES ARE ELECTED COMMENCING WITH THE 1994 GENERAL ELECTION, TO DESIGNATE THE HOUSE OF REPRESENTATIVES AS THE SUBMITTING AUTHORITY TO MAKE THE REQUIRED SUBMISSION OF THE HOUSE REAPPORTIONMENT PLAN CONTAINED IN THIS ACT TO THE UNITED STATES DEPARTMENT OF JUSTICE UNDER THE VOTING RIGHTS ACT, AND TO REPEAL SECTION 2-1-10, RELATING TO ELECTION DISTRICTS FROM WHICH MEMBERS OF THE HOUSE OF REPRESENTATIVES WERE FORMERLY ELECTED.
(R478) H. 4373 -- Reps. Cromer and Rudnick: AN ACT TO AMEND SECTION 39-24-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DRUG PRESCRIPTION LABELING, SO AS TO PROVIDE THAT IF A PHARMACIST SUBSTITUTES A GENERIC DRUG FOR A NAME BRAND PRESCRIBED DRUG THE GENERIC DRUG MUST BE LISTED FIRST FOLLOWED BY THE WORDS "SUBSTITUTED FOR" AND THE NAME BRAND OR THIS INFORMATION MUST BE AFFIXED TO THE CONTAINER OR LABEL.
(R479) H. 4377 -- Reps. Kirsh, Farr, Walker, D. Wilder, Vaughn, Rudnick, Stille, Simrill, Harvin, Keyserling, Meacham, Delleney and Corning: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-37-2675 SO AS TO PROHIBIT A TAX LEVY ON A MOTOR VEHICLE TO WHICH A LICENSE WAS TRANSFERRED UNTIL IT EXPIRES, SECTION 56-3-905 SO AS TO PROVIDE FOR THE REFUND OF A PORTION OF A MOTOR VEHICLE REGISTRATION FEE, AND SECTION 56-5-90 SO AS TO PROVIDE LIMITATIONS FOR AN INTRASTATE MOTOR CARRIER DRIVER; TO AMEND SECTION 56-3-620, AS AMENDED, RELATING TO FEES FOR CERTAIN PRIVATE PASSENGER-CARRYING VEHICLES AND PROPERTY-CARRYING VEHICLES, SO AS TO PROVIDE THE FEE FOR PRIVATE PASSENGER-CARRYING VEHICLES FOR PERSONS SIXTY-FOUR YEARS OF AGE; AND TO AMEND SECTION 56-3-670, AS AMENDED, RELATING TO FEES FOR FARM TRUCK LICENSES, SO AS TO PROVIDE FOR THE USE OF FARM TRUCKS WITH AN EMPTY WEIGHT OF LESS THAN 7,500 POUNDS AND REVISE FEES.
(R480) H. 4407 -- Rep. Hutson: AN ACT TO AMEND SECTION 44-37-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NEONATAL TESTING OF CHILDREN, SO AS TO PROVIDE FOR STORAGE REQUIREMENTS FOR BLOOD SAMPLES USED IN THESE TESTS, FUTURE AVAILABILITY OF THESE SAMPLES FOR TESTING, AND CONFIDENTIALITY OF INFORMATION.
(R481) H. 4412 -- Rep. Simrill: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-11-525 SO AS TO PROVIDE THAT HOUSING AUTHORITY COMMISSIONERS ARE DEEMED OWNERS OF HOUSING AUTHORITY PROPERTY FOR MATTERS PERTAINING TO OFFENSES AGAINST PROPERTY AND TO PROVIDE THAT NO COMMISSIONER MAY BE HELD PERSONALLY LIABLE FOR ANY LOSS, INJURY, OR DAMAGE SUFFERED BY A PERSON ON OR ADJACENT TO HOUSING AUTHORITY PROPERTY.
(R482) H. 4721 -- Rep. Kirsh: AN ACT TO AMEND SECTIONS 9-1-440, 9-1-1140, AND 9-1-1850, ALL AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ESTABLISHING SERVICE CREDIT FOR PURPOSES OF THE SOUTH CAROLINA RETIREMENT SYSTEM, SO AS TO INCREASE FROM FOUR TO SIX PERCENT OF EARNABLE COMPENSATION THE COST OF ESTABLISHING SERVICE WHEN THE MEMBER ORIGINALLY ELECTED NOT TO BE COVERED, TO INCREASE THE COST OF ESTABLISHING TIME FOR PREGNANCY LEAVE FROM EIGHT TO TWELVE PERCENT OF EARNABLE COMPENSATION, AND TO PROVIDE A SCHEDULE OF RATES FOR A MEMBER WITH AT LEAST TWENTY-FIVE YEARS SERVICE ESTABLISHING CREDIT FOR UP TO FIVE YEARS ADDITIONAL SERVICE; TO AMEND SECTIONS 9-11-50, AS AMENDED, 9-11-55, 9-11-210, AS AMENDED, AND 9-11-325, RELATING TO ESTABLISHING CREDIT FOR PRIOR SERVICE AND THE ACCOMPANYING CONTRIBUTION RATES FOR PURPOSES OF THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM, SO AS TO INCREASE THE COST OF ESTABLISHING PREGNANCY LEAVE, FEDERAL CIVILIAN SERVICE, AND OTHER ESTABLISHABLE NEW POLICE SERVICE, FROM TEN TO TWELVE PERCENT OF EARNABLE COMPENSATION, INCREASE THE CONTRIBUTION RATE TO ESTABLISH PRIOR POLICE SERVICE FROM SIXTEEN TO TWENTY-ONE DOLLARS A MONTH FOR CLASS ONE SERVICE AND FROM FIVE TO SIX AND ONE-HALF PERCENT OF MONTHLY COMPENSATION, AND TO INCREASE THE COST OF ESTABLISHING OUT-OF-STATE SERVICE FROM TEN TO TWELVE PERCENT OF SALARY; AND TO REPEAL SECTION 9-11-65, RELATING TO AN OBSOLETE PURCHASE OF ADDITIONAL SERVICE CREDIT BY MEMBERS WITH AT LEAST TWENTY-FIVE YEARS SERVICE.
(R483) H. 4878 -- Reps. Harrell, Law, A. Young, Wofford, Thomas, Graham, Clyborne, J. Brown, Cobb-Hunter, Wilkins and Fulmer: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-15-387 SO AS TO MAKE IT UNLAWFUL TO EMPLOY A PERSON UNDER THE AGE OF EIGHTEEN YEARS TO APPEAR IN A STATE OF SEXUALLY EXPLICIT NUDITY IN A PUBLIC PLACE, TO PROVIDE PENALTIES, AND TO AMEND SECTION 16-15-375, AS AMENDED, RELATING TO DEFINITIONS FOR PURPOSES OF PROHIBITED SEXUAL ACTS OR EXPLOITATION OF MINORS, SO AS TO INCLUDE THE ABOVE OFFENSE WITHIN THIS LIST OF DEFINITIONS.
(R484) H. 4882 -- Reps. G. Bailey, Cobb-Hunter, Hutson, Harrell and A. Young: AN ACT TO AMEND SECTION 7-7-230, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS AND PLACES IN DORCHESTER COUNTY, SO AS TO REDESIGNATE CERTAIN PRECINCTS AND DELETE THE SPECIFIC VOTING PLACES FOR EACH PRECINCT, PROVIDE THAT THE PRECINCTS ARE AS SHOWN ON OFFICIAL MAPS ON FILE WITH THE DIVISION OF RESEARCH AND STATISTICAL SERVICES OF THE BUDGET AND CONTROL BOARD DESIGNATED AS DOCUMENT P-35-94, AND PROVIDE THAT THE POLLING PLACES FOR THE PRECINCTS PROVIDED IN THIS SECTION MUST BE ESTABLISHED BY THE DORCHESTER COUNTY ELECTION COMMISSION.
(R485) H. 4919 -- Reps. T.C. Alexander and Graham: AN ACT TO CREATE A REGISTRATION AND ELECTIONS COMMISSION FOR OCONEE COUNTY, PROVIDE FOR THE COMPOSITION OF COMMISSION, AND ABOLISH THE OFFICE OF COMMISSIONERS OF ELECTION AND THE REGISTRATION BOARD OF OCONEE COUNTY AND DEVOLVE THEIR POWERS AND DUTIES UPON THE REGISTRATION AND ELECTIONS COMMISSION.
(R486) H. 4974 -- Reps. Boan and Hodges: A JOINT RESOLUTION TO AMEND SECTION 56-3-2320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEALER AND WHOLESALER MOTOR VEHICLE LICENSE PLATES, SO AS TO AUTHORIZE THE USE OF A DEALER PLATE ON A MOTOR VEHICLE LENT BY THE DEALER TO A PUBLIC OR PRIVATE SCHOOL FOR A DRIVER EDUCATION PROGRAM AND PROVIDE FOR THE CONDITIONS UNDER WHICH A DEALER PLATE FOR THIS PURPOSE MAY BE OBTAINED AND USED, TO PROVIDE FOR THE USE OF FUNDS DERIVED FROM THE PRUDENTIAL BACHE SETTLEMENT, INCLUDING AMOUNTS WHICH MAY BE RETAINED BY THE SECRETARY OF STATE AND APPROPRIATIONS FOR INVESTOR RESTITUTION, THE ADMINISTRATIVE LAW JUDGE DIVISION, AND THE DIVISION OF GENERAL SERVICES OF THE STATE BUDGET AND CONTROL BOARD, TO ALLOW FUNDS APPROPRIATED FOR THE ADMINISTRATIVE LAW JUDGE DIVISION TO BE CARRIED FORWARD INTO THE SUCCEEDING FISCAL YEAR, AND TO AUTHORIZE THE STATE DEPARTMENT OF EDUCATION TO TRANSFER EDUCATION FINANCE ACT FUNDS TO COVER OPERATING EXPENSES OF SCHOOL BUS SHOPS WITH ANY UNEXPENDED FUNDS FURTHER TRANSFERRED TO THE SCHOOL BUILDING FUND AFTER THE CLOSE OF FISCAL YEAR 1993-94.
(R487) H. 4994 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO CHILD DEVELOPMENT PROGRAMS (REPEALED IN ITS ENTIRETY), DESIGNATED AS REGULATION DOCUMENT NUMBER 1714, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R488) H. 4995 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO HALF-DAY CHILD DEVELOPMENT PROGRAMS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1715, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R489) H. 4996 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO STATE FUNDED REMEDIAL EDUCATION PROGRAMS (REPEALED IN ITS ENTIRETY) AND ACADEMIC ASSISTANCE PROGRAMS (GRADES 4-12), DESIGNATED AS REGULATION DOCUMENT NUMBER 1716, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R490) H. 4997 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO STATE FUNDED COMPENSATORY EDUCATION PROGRAMS (REPEALED IN ITS ENTIRETY) AND EARLY CHILDHOOD ASSISTANCE PROGRAMS, GRADES K-3 (REPLACES), DESIGNATED AS REGULATION DOCUMENT NUMBER 1717, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R491) H. 4998 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF ARCHIVES AND HISTORY, RELATING TO GENERAL RETENTION SCHEDULES FOR SCHOOL DISTRICTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1736, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R492) H. 4999 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF ARCHIVES AND HISTORY, RELATING TO GENERAL RETENTION SCHEDULE FOR STATE COLLEGES AND UNIVERSITIES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1737, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R493) H. 5039 -- Reps. Snow, Harvin and Kennedy: A JOINT RESOLUTION TO AUTHORIZE THE SOUTH CAROLINA EMPLOYMENT SECURITY COMMISSION TO EXPEND UP TO THREE HUNDRED THIRTY-SIX THOUSAND FIVE HUNDRED DOLLARS OF THE FUNDS MADE AVAILABLE TO THE STATE UNDER SECTION 903 OF THE SOCIAL SECURITY ACT, AS AMENDED, FOR THE PURPOSE OF ERECTING A BUILDING FOR USE BY THE SOUTH CAROLINA EMPLOYMENT SECURITY COMMISSION IN WILLIAMSBURG COUNTY.
(R494) H. 5106 -- Reps. Sheheen and Marchbanks: AN ACT TO AMEND SECTION 20-7-5010, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ESTABLISHMENT AND PURPOSE OF THE CHILDREN'S TRUST FUND OF SOUTH CAROLINA AND SECTION 20-7-5030, RELATING TO THE BOARD OF TRUSTEES OF THE TRUST FUND, SO AS TO PROVIDE THAT THE PURPOSE OF THE FUND AND THE POWERS AND DUTIES OF THE BOARD ARE FOR THE PREVENTION OF CHILD ABUSE AND NEGLECT RATHER THAN FOR A BROAD ARRAY OF PREVENTION AND TREATMENT PROGRAMS FOR CHILDREN.
H. 4566 -- Reps. Jennings, Askins, Baxley, Fulmer, P. Harris, Harrison, Hines, McAbee, Shissias, Snow, Spearman, Tucker, J. Wilder, Harwell, G. Brown, Neilson, Kinon, Beatty, Cobb-Hunter, Richardson, Keyserling, H. Brown, A. Young, Waldrop, Huff, T.C. Alexander, Stuart, Sturkie, R. Smith, Chamblee, Moody-Lawrence, Corning, Harrell, Thomas, Inabinett, Wilkins and Boan: A BILL TO AMEND CHAPTER 24 OF TITLE 34, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA BANK HOLDING COMPANY ACT, SO AS TO REVISE AND FURTHER PROVIDE FOR DEFINITIONS AND REGULATORY PROVISIONS AND PROCEDURES IN ORDER TO PERMIT AFTER A SPECIFIED DATE AN OUT-OF-STATE BANK HOLDING COMPANY TO OPERATE AND MAKE ACQUISITIONS IN THIS STATE IN THE SAME MANNER THAT A SOUTHERN REGION BANK HOLDING COMPANY IS PERMITTED TO OPERATE AND MAKE ACQUISITIONS.
Senator WILLIAMS asked unanimous consent to take up the Bill for immediate consideration.
There was no objection.
The Senate proceeded to a consideration of the Bill. The question being the second reading of the Bill.
The Bill was read the second time, passed and ordered to a third reading with notice of general amendments.
Senator WILLIAMS asked unanimous consent to make a motion that the Bill retain its place on the Calendar in the status of Special Order.
Senator LEVENTIS objected.
PURSUANT TO THE MOTION BY SENATOR HOLLAND ON WEDNESDAY, MAY 18, 1994, THE SENATE PROCEEDED TO A CONSIDERATION OF H. 4323 IMMEDIATELY FOLLOWING THE ORDER OF BUSINESS, "RECEIPT OF COMMUNICATIONS."
H. 4323 -- Reps. Wilkins, Corning, Jaskwhich, Walker, Haskins, Meacham, Allison, Snow, Stuart, Hutson and Harrell: A BILL TO AMEND SECTION 16-11-330, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ARMED ROBBERY, SO AS TO PROVIDE FOR A MANDATORY MINIMUM TERM OF IMPRISONMENT; AND TO AMEND SECTION 16-11-340, AS AMENDED, RELATING TO PROVIDING SIGNS STATING THE PENALTY FOR ARMED ROBBERY, SO AS TO REMOVE FROM THE SIGN CERTAIN PROVISIONS.
The Senate proceeded to a consideration of the Bill. The question being the adoption of Amendment No. 5A (4323R022.LER), proposed by Senator RICHTER, (substituted for Amendment No. 5) and previously printed in the Journal of Wednesday, May 18, 1994.
Senator RICHTER argued in favor of the adoption of the amendment and Senators HOLLAND and COURTNEY argued contra.
Senator BRYAN spoke on the amendment.
Senator RICHTER moved that the amendment be adopted.
Senator COURTNEY moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Bryan Courtney Elliott
Ford Glover Holland
Matthews McGill Mitchell
Patterson Rankin Short
Stilwell Washington
Cork Courson Gregory
Lander Leatherman Leventis
Macaulay Martin McConnell
Mescher Moore O'Dell
Passailaigue Peeler Reese
Richter Rose Russell
Ryberg Smith, G. Smith, J.V.
Thomas Waldrep Wilson
The Senate refused to table the amendment. The question then was the adoption of the amendment.
Senator STILWELL argued contra to the adoption of the amendment.
On motion of Senator STILWELL, with unanimous consent, Amendment No. 5A was carried over and was later substituted with Amendment No. 5B, which was adopted.
Senator BRYAN proposed the following Amendment No. 7 (N05\7926BDW.94), which was tabled:
Amend the bill, as and if amended, Section 20-7-390, page 14, line 25, by striking /solicitor/ and inserting /circuit court/.
Amend title to conform.
Senator BRYAN argued in favor of the adoption of the amendment and Senator HOLLAND argued contra.
Senator HOLLAND moved to lay the amendment on the table.
The amendment was laid on the table.
At 12:55 P.M., Senator MITCHELL requested a leave of absence beginning at 1:00 P.M., until Tuesday, May 24, 1994.
Senator BRYAN proposed the following Amendment No. 8 (JUD4323.080), which was tabled:
Amend the bill, as and if amended, page 10, lines 30 through 40, by striking SECTION 14 in its entirety.
Renumber remaining SECTIONS to conform.
Amend title to conform.
Senator BRYAN argued in favor of the adoption of the amendment and Senator HOLLAND argued contra.
Senator HOLLAND moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Cork Courtney Elliott
Ford Glover Holland
Jackson Lander Leatherman
Leventis McGill Mescher
Mitchell Moore O'Dell
Patterson Rankin Reese
Short Smith, G. Washington
Williams
Bryan Courson Hayes
Macaulay Martin McConnell
Passailaigue Peeler Richter
Rose Russell Ryberg
Stilwell Thomas Waldrep
Wilson
The amendment was laid on the table.
Senator JACKSON proposed the following Amendment No. 6 (JUD4323.011), which was withdrawn:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION . Section 44-53-520(a)(6) of the 1976 Code, as last amended by Act 333 of 1992, is further amended to read:
"(6) all conveyances including, but not limited to, trailers, aircraft, motor vehicles, and watergoing vessels which are used or intended for use unlawfully to conceal, contain, or transport or facilitate the unlawful concealment, possession, containment, manufacture, or transportation of controlled substances and their compounds, except as otherwise provided, must be forfeited to the State. No motor vehicle may be forfeited to the State under this item unless it is used, intended for use, or in any manner facilitates a violation of Section 44-53-370(a), involving at least one pound or more of marijuana, one pound or more of hashish, more than four grains of opium, more than two grains of heroin, more than four grains of morphine, more than ten grains of cocaine, more than fifty micrograms of lysergic acid diethylamide (LSD) or its compounds, more than ten grains of crack, or more than one gram of ice or crank, as defined in Section 44-53-110, or unless it is used, intended for use, or in any manner facilitates a violation of Section 44-53-370(e);"
Renumber sections to conform.
Amend title to conform.
Senator JACKSON argued in favor of the adoption of the amendment.
On motion of Senator JACKSON, with unanimous consent, the amendment was withdrawn.
Senator RICHTER proposed the following Amendment No. 9 (4323R008.LER), which was tabled:
Amend the bill, as and if amended, page 23, after line 29, by adding an appropriately numbered SECTION to read:
/SECTION . Article 11, Chapter 21, Title 24 of the 1976 Code is amended to read:
"Section 24-21-910. The Probation, Parole, and Pardon Services Board shall consider all petitions for reprieves or the commutation of a sentence of death to life imprisonment which may be referred to it by the Governor and shall make its recommendations to the Governor regarding such petitions. The Governor may or may not adopt such recommendations but in case he does not he shall submit his reasons for not doing so to the General Assembly. The Governor may act on any such petition without reference to the Board.
Section 24-21-920. In all other cases than those referred to in Section 24-21-910 the right of granting clemency shall be vested in the Board Governor.
Section 24-21-930. An order of pardon must be signed by at least two-thirds of the members of the board the Governor. Upon the issue of the order by the board Governor, the director, or one lawfully acting for him, must issue a pardon order which provides for the restoration of the pardon applicant's civil rights.
Section 24-21-940. A. "Pardon" means that an individual is fully pardoned from all the legal consequences of his crime and of his conviction, direct and collateral, including the punishment, whether of imprisonment, pecuniary penalty or whatever else the law has provided.
B. "Successful completion of supervision" as used in this article shall mean free of conviction of any type other than minor traffic offenses.
Section 24-21-950. The following guidelines shall be utilized by the Board Governor when determining when an individual is eligible for pardon consideration.
A. Probationers shall be considered upon the request of the individual anytime after discharge from supervision.
B. Persons discharged from a sentence without benefit of parole shall be considered upon the request of the individual anytime after the date of discharge.
C. Parolees shall be considered for a pardon upon the request of the individual anytime after the successful completion of five years under supervision. Parolees successfully completing the maximum parole period, if less than five years, shall be considered for pardon upon the request of the individual anytime after the date of discharge.
D. An inmate shall be considered for pardon prior to parole eligibility date only when he can produce evidence comprising the most extraordinary circumstances.
E. The victim of a crime or any member of a convicted person's family living within this State may petition for a pardon for any person who is no longer an inmate or a probationer." /
Section 24-21-960. Pardon application fee; re-application after denial.
(A) Each pardon application must be accompanied with a pardon application fee of fifty dollars. The pardon application fee must be retained and applied by the department towards the pardon process.
(B) Any individual who has an application for pardon considered but denied, must wait one year from the date of denial before filing another pardon application and fee.
Section 24-21-970. Pardon considered in cases of terminal illness.
Consideration shall be given to any inmate afflicted with a terminal illness where life expectancy is one year or less.
Section 24-21-980. Pardon obtained through fraud.
Once delivered, a pardon cannot be revoked unless it was obtained through fraud. If a pardon is obtained through fraud, it is void.
Section 24-21-990. Civil rights restored upon pardon.
A pardon shall fully restore all civil rights lost as a result of a conviction, which shall include the right to:
(1) register to vote;
(2) vote;
(3) serve on a jury;
(4) hold public office, except as provided in Section 16-13-210;
(5) testify without having the fact of his conviction introduced for impeachment purposes unless the crime indicates a lack of veracity;
(6) not have his testimony excluded in a legal proceeding if convicted of perjury; and
(7) be licensed for any occupation requiring a license.
Section 24-21-1000. Certificate of pardon.
For those applicants to be granted a pardon, a certificate of pardon shall be issued by the Board stating that the individual is absolved from all legal consequences of his crime and conviction, and that all of his civil rights are restored.
Amend title to conform.
Senator RICHTER argued in favor of the adoption of the amendment.
Senator RICHTER moved that the amendment be adopted.
Senator STILWELL moved to lay the amendment on the table.
The amendment was laid on the table.
Senator RICHTER proposed the following Amendment No. 12 (4323R017.LER), which was withdrawn:
Amend the bill, as and if amended, page 23, after line 29, by adding an appropriately numbered SECTION to read:
/SECTION . Chapter 3 of Title 24 is amended by adding:
"Section 24-3-91. No prisoner within the state prison system shall be allowed to wear any jewelry of any description. For the purposes of this section jewelry shall include but is not limited to include rings, bracelets, necklaces, earrings, anklets, nose rings, watches and any other ornamentation determined by the Department to constitute jewelry."/
Amend title to conform.
Senator RICHTER explained the amendment.
On motion of Senator RICHTER, with unanimous consent, Amendment No. 12 was withdrawn.
Senator RICHTER proposed the following Amendment No. 14 (4323R019.LER), which was adopted:
Amend the bill, as and if amended, page 23, after line 29, by adding an appropriately numbered SECTION to read:
/SECTION . Chapter 3 of Title 24 is amended by adding:
"Section 24-3-93. No prisoner within the state prison system shall be allowed to wear any jewelry of any description with the exception of wedding bands and watches not exceeding a value $35.00. For the purposes of this section jewelry shall include, but is not limited to, rings, bracelets, necklaces, earrings, anklets, nose rings, and any other ornamentation determined by the department to constitute jewelry."/
Amend title to conform.
Senator RICHTER argued in favor of the adoption of the amendment.
The amendment was adopted.
On motion of Senator RICHTER, with unanimous consent, Amendment No. 5B (4323R089.LER), proposed by Senator RICHTER was substituted for Amendment No. 5A and adopted as follows.
Senator RICHTER proposed the following Amendment No. 5B (4323R089.LER), which was adopted:
Amend the bill, as and if amended, page 23, after line 29, by adding an appropriately numbered SECTION to read:
/SECTION . Section 16-1-120 of the 1976 Code is amended by adding:
"Section 16-1-120. (1) When an individual, who was convicted of a Class A, B, or C felony offense or an exempt offense which provides for a maximum term of imprisonment of twenty years or more and sentenced to a period of time, has been released from prison, whether on parole or by completion of the sentence, is convicted of another felony offense, the individual shall have added to the sentence imposed for the subsequent conviction such additional time as provided below:
(A) if the subsequent offense was committed within forty-five days of his release, five years shall be added to the sentence mandated by the subsequent conviction.
(B) if the subsequent offense was committed within ninety days of his release, four years shall be added to the sentence mandated by the subsequent conviction.
(C) if the subsequent offense was committed within one hundred and eighty days of his release, three years shall be added to the sentence mandated by the subsequent conviction.
(D) if the subsequent offense was committed within two hundred and seventy days of his release, two years shall be added to the sentence mandated by the subsequent conviction.
(E) if the subsequent offense was committed within three hundred and sixty days of his release, one year shall be added to the sentence mandated by the subsequent conviction.
(2) when subsection (1) requires an individual to have additional time added to the sentence mandated by a subsequent conviction, if the maximum sentence mandated for the subsequent conviction is less than the additional time mandated by subsection (1), the additional time which must be added to the sentence mandated by the subsequent conviction shall be equal to the maximum sentence provided for the conviction.
(3) No portion of the additional term provided for herein may be suspended and no such additional term may be reduced by any early release program, work credit or similar program, but must be served in full."/
Amend title to conform.
Senator RICHTER explained the amendment.
Senator RICHTER moved that the amendment be adopted.
The amendment was adopted.
Senator RICHTER proposed the following Amendment No. 15 (4323R020.LER), which was adopted:
Amend the bill, as and if amended, page 23, after line 29, by adding an appropriately numbered SECTION to read:
/SECTION . Chapter 3 of Title 24 is amended by adding:
"Section 24-3-81. No prisoner within the state prison system shall be permitted to have conjugal visits, as defined by the department, except pursuant to written guidelines and procedures promulgated by the department."/
Amend title to conform.
Senator RICHTER explained the amendment.
The amendment was adopted.
Senator RICHTER proposed the following Amendment No. 18 (4323R090.LER), which was adopted:
Amend the bill, as and if amended, page 23, after line 29, by adding an appropriately numbered SECTION to read:
/SECTION . Chapter 3 of Title 24 of the 1976 Code is amended by adding:
"Section 24-3-951. Effective July 1, 1995, notwithstanding Sections 24-3-956 and any other provision of law, United States currency or money, as it relates to use within the state prison system, is declared contraband and shall be not be utilized as a medium of exchange for barter or financial transaction between prisoners or prison officials and prisoners within the state prison system. Inmates must not possess United States currency. All financial disbursements to prisoners or mediums of exchange between prisoners and between the prison system and prisoners shall be transacted with a system of credits./
Amend title to conform.
Senator RICHTER argued in favor of the adoption of the amendment and Senator HOLLAND argued contra.
The amendment was adopted.
Senator RICHTER proposed the following Amendment No. 19 (4323R091.LER), which was adopted:
Amend the bill, as and if amended, page 23, after line 29, by adding an appropriately numbered SECTION to read:
/SECTION . Section 24-21-10 of the 1976 Code is amended to read:
"Section 24-21-10. (A) The Department of Probation, Parole and Pardon Services, hereafter referred to as the `department', is governed by the Director of Probation, Parole and Pardon Services, hereafter referred to as the `director'. The director must be appointed by the Governor with the advice and consent of the Senate.
(B) The Board of Probation, Parole and Pardon Services is composed of seven members. The terms of office of the members are for six years and until their successors are appointed and qualify. Six of the seven members must be appointed from each of the congressional districts and one member must be appointed at-large. Vacancies must be filled by gubernatorial appointment with the advice and consent of the Senate for the unexpired term. If a vacancy occurs during a recess of the Senate, the Governor may fill the vacancy by appointment for the unexpired term pending the consent of the Senate, provided the appointment is received for confirmation on the first day of the Senate's next meeting following the vacancy. A chairman must be elected annually by a majority of the membership of the board. The chairman may serve consecutive terms.
(C) The Governor shall deliver an appointment within sixty days of the expiration of a term, if an individual is being reappointed, or within ninety days of the expiration of a term, if an individual is an initial appointee. If a board member who is being reappointed is not confirmed within sixty days of receipt of the appointment by the Senate, the appointment is deemed rejected. For an initial appointee, if confirmation is not made within ninety days of receipt of the appointment by the Senate, the appointment is deemed rejected. The Senate may by resolution extend the period after which an appointment is deemed rejected. If the failure of the Senate to confirm an appointee would result in the lack of a quorum of board membership, the seat for which confirmation is denied or rejected shall not be considered when determining if a quorum of board membership exists."/
Amend title to conform.
Senator RICHTER argued in favor of the adoption of the amendment.
The amendment was adopted.
Senator RICHTER proposed the following Amendment No. 20 (4323R001.LER), which was tabled:
Amend the bill, as and if amended, page 23, after line 29, by adding an appropriately numbered SECTION to read:
/SECTION . Chapter 21 of Title 24 of the 1976 Code is amended by adding:
"Section 24-21-590. (A) Parole is hereby abolished."
(B) The Code Commissioner is empowered and directed to conform all code sections which are inconsistent with this section and report any modifications, additions, or deletions and the basis for any such modifications, additions, or deletions to the House Judiciary Committee and the Senate Judiciary Committee.
(C) This section takes precedence and supersedes any provision of law relating to parole which is inconsistent with this act./
Amend title to conform.
Senator RICHTER argued in favor of the adoption of the amendment.
Senator STILWELL moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Bryan Cork Courtney
Elliott Ford Giese
Glover Hayes Holland
Jackson Lander Leatherman
Matthews McGill Moore
O'Dell Patterson Rankin
Short Smith, G. Stilwell
Washington Williams
Courson Gregory Leventis
Macaulay Martin Mescher
Passailaigue Peeler Reese
Richter Rose Russell
Ryberg Setzler Thomas
Waldrep Wilson
The amendment was laid on the table.
Senator RICHTER proposed the following Amendment No. 21 (4323R002.LER), which was tabled:
Amend the bill, as and if amended, page 23, after line 29, by adding an appropriately numbered SECTION to read:
/SECTION . Article 7, Chapter 21, Title 24 of the 1976 Code is amended by adding:
"Section 24-21-590. The provisions of Article 7 shall not apply to those offenses delineated in Section 16-1-10(D) and Section 16-1-90(A),(B), (C), (D), (E) and (F)."/
Amend title to conform.
Senator RICHTER argued in favor of the adoption of the amendment and Senator STILWELL argued contra.
Senator MATTHEWS made a Parliamentary Inquiry as to whether or not a fiscal impact statement was required on amendments.
The PRESIDENT stated under the provisions of Rule 27E, a fiscal impact statement is only provided for on bills and resolutions, and not on amendments.
Senator RICHTER continued arguing in favor of the adoption of the amendment and Senator HOLLAND argued contra.
Senator HOLLAND moved to lay the amendment on the table.
The amendment was laid on the table.
Senator RICHTER proposed the following Amendment No. 22 (4323R003.LER), which was tabled:
Amend the bill, as and if amended, page 23, after line 29, by adding an appropriately numbered SECTION to read:
/SECTION . Article 7, Chapter 21, Title 24 of the 1976 Code is amended by adding:
"Section 24-21-590. The provisions of Article 7 shall not apply to those offenses delineated in Section 16-1-10(D) and Section 16-1-90(A), (B), (C), (D) and (E)."/
Amend title to conform.
Senator RICHTER argued in favor of the adoption of the amendment.
Senator HOLLAND moved to lay the amendment on the table.
The amendment was laid on the table.
Senator RICHTER proposed the following Amendment No. 23 (4323A.23), which was carried over and later substituted with Amendment No. 23A:
Amend the bill, as and if amended, page 23, after line 29, by adding an appropriately numbered SECTION to read:
/SECTION ___. Article 7, Chapter 21, Title 24 of the 1976 Code is amended by adding:
"Section 24-21-590. The provisions of Article 7 shall not apply to those offenses delineated in Section 16-1-10(D) and Section 16-1-90(A), (B), (C) and (D)."/
Amend title to conform.
Senator RICHTER argued in favor of the adoption of the amendment and Senators HOLLAND and MATTHEWS argued contra.
The amendment was carried over and later substituted by Amendment No. 23A.
At 2:30 P.M., Senator LEATHERMAN requested a leave of absence until 12:00 Noon tomorrow.
At 3:00 P.M., on motion of Senator HOLLAND, the Senate receded from business not to exceed ten minutes.
At 3:20 P.M., the Senate resumed.
At 3:20 P.M., Senator SHORT requested a leave of absence for Tuesday, May 24, 1994.
At 3:30 P.M., Senator BRYAN requested a leave of absence for Tuesday at 12:00 Noon.
At 3:30 P.M., Senator RANKIN requested a leave of absence for Tuesday until 12:00 Noon.
On motion of Senator RICHTER, with unanimous consent, Amendment No. 23A (4323R004.LER), proposed by Senator RICHTER, was substituted for Amendment No. 23 and adopted as follows.
Senator RICHTER proposed the following Amendment No. 23A (4323R004.LER), which was adopted:
Amend the bill, as and if amended, page 23, after line 29, by adding an appropriately numbered SECTION to read:
/SECTION . Article 7, Chapter 21, Title 24 of the 1976 Code is amended by adding:
"Section 24-21-590. (A) The provisions of Article 7 shall not apply to the offenses of murder, kidnapping, and criminal sexual conduct in the first degree. An individual convicted of any of these offenses shall not be eligible for parole.
(B) This section applies to those offenses committed after the effective date of this act."/
Amend title to conform.
Senator RICHTER explained the amendment.
Senator RICHTER moved that the amendment be adopted.
The amendment was adopted.
There being no further amendments, the Bill was read the third time, passed and ordered returned to the House of Representatives with amendments.
The following Joint Resolution was read the third time and having received three readings in both Houses, it was ordered that the title be changed to that of an Act and enrolled for Ratification:
H. 4969 -- Reps. Lanford, Holt, Marchbanks, Inabinett, Jaskwhich, R. Smith, Haskins, Hines, Simrill, Neilson, Stone, Moody-Lawrence, Robinson, Trotter, Beatty, Farr, McMahand, Chamblee, Baker, Cato, Worley, Huff, Stoddard, Riser, Davenport, Breeland, McTeer, Byrd, Govan, D. Smith, Whipper, Wright, Richardson, Koon, McLeod, and Thomas: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED BY THE STUDENTS OF ANY SCHOOL OF ANY DISTRICT OF THIS STATE DURING SCHOOL YEAR 1993-94 WHEN THE SCHOOL WAS CLOSED DUE TO SNOW, COLD, OR INCLEMENT WEATHER ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
Senator REESE asked unanimous consent to take the Resolution up for immediate consideration.
There was no objection.
The following House Bills were read the third time and ordered returned to the House with amendments:
H. 5146 -- Rep. Whipper: A BILL TO AUTHORIZE THE CHARLESTON COUNTY SCHOOL DISTRICT TO CHARGE MATRICULATION AND OTHER INCIDENTAL FEES.
(By prior motion of Senator RICHTER)
H. 5205 -- Reps. Tucker and Chamblee: A BILL TO AMEND ACT 509 OF 1982, AS AMENDED, RELATING TO THE BOARDS OF TRUSTEES OF THE SCHOOL DISTRICTS IN ANDERSON COUNTY, SO AS TO REVISE THE AREAS OR DISTRICTS FROM WHICH TRUSTEES OF SCHOOL DISTRICT 4 ARE ELECTED AND PROVIDE THAT THE TRUSTEES MUST BE ELECTED FROM THE ELECTION DISTRICTS IN WHICH THEY RESIDE.
(By prior motion of Senator WALDREP)
H. 3678 -- Reps. Houck, Cobb-Hunter, Haskins, Mattos, Scott, G. Brown, Neal, Chamblee, Elliott, Stuart, McLeod, M.O. Alexander, D. Wilder and Phillips: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-6-175 SO AS TO REQUIRE HOSPITALS TO PROVIDE THE DIVISION OF RESEARCH AND STATISTICAL SERVICES CERTAIN FINANCIAL INFORMATION AND TO AUTHORIZE PENALTIES PURSUANT TO REGULATION.
Senator MACAULAY 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 GIESE proposed the following amendment (CYY\16293AC.94), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered section to read:
/SECTION . Title 44 of the 1976 Code is amended by adding:
Section 44-78-10. This chapter may be cited as the Emergency Medical Services Do Not Resuscitate Order Act.
Section 44-78-15. As used in this chapter:
(1) `Do not resuscitate order for emergency services' means a document made in accordance with this article to prevent EMS personnel from employing resuscitative measures or any other medical process that would only extend the patient's suffering with no viable medical reason to perform the procedure;
(2) `EMS personnel' means emergency medical personnel certified by the South Carolina Department of Health and Environmental Control, and for purposes of this chapter, `EMS personnel' includes first responders who have completed a Department of Health and Environmental Control approved medical first responder program;
(3) `Health care provider' means a person licensed to practice medicine or osteopathy pursuant to Title 40, Chapter 47;
(4) `Palliative treatment' means the degree of treatment which must be provided to a patient in the routine delivery of emergency medical services, which assures the comfort and alleviation of pain and suffering to all extents possible, regardless of whether the patient has executed a document as provided for in this chapter;
(5) `Resuscitative treatment' means artificial stimulation of the cardiopulmonary systems of the human body, through either electrical, mechanical, or manual means including, but not limited to, cardiopulmonary resuscitation;
(6) `Terminal condition' means an incurable or irreversible condition that within reasonable medical judgment could cause death within a reasonably short period of time if life sustaining procedures are not used.
Section 44-78-20. A patient who has a terminal condition or a surrogate for a patient with a terminal condition under the Adult Health Care Consent Act or an agent of a person with a terminal condition named by the patient in a Health Care Power of Attorney may request a health care provider responsible for the care of the patient to execute a `do not resuscitate order for emergency services' if the following conditions apply:
(1) the patient has a terminal condition;
(2) the terminal condition has been diagnosed by a health care provider and the health care provider's record establishes the time, date, and medical condition which gives rise to the diagnosis of a terminal condition.
Section 44-78-25. When called to render emergency medical services, EMS personnel must not use any resuscitative treatment if the patient has a `do not resuscitate order for emergency services' and the document is presented to the EMS personnel upon their arrival. EMS personnel must provide that degree of palliative care called for under the circumstances which exist at the time treatment is rendered.
Section 44-78-30. A document purporting to be a `do not resuscitate order' for EMS purposes must be in substantially the following form:
This notice is to inform all emergency medical personnel who may be called to render assistance to that he/she has a terminal condition which has been diagnosed by me and has specifically requested that no resuscitative efforts including artificial stimulation of the cardiopulmonary system by electrical, mechanical, or manual means be made in the event of cardiopulmonary arrest.
THIS FORM MAY BE REVOKED BY AN ORAL STATEMENT BY THE PATIENT TO EMS PERSONNEL OR BY MUTILATING, OBLITERATING, OR DESTROYING THE DOCUMENT IN ANY MANNER.
Date:
Patient's signature (or surrogate or agent)
Physician's signature
Physician's address
Physician's telephone number
Section 44-78-35. No health care provider or EMS personnel is liable for any damages or may be the subject of disciplinary proceedings or may be subject to civil or criminal liability due to:
(1) issuing a `do not resuscitate order for emergency medical services';
(2) good faith reliance on a `do not resuscitate order for emergency medical services' resulting in:
(a) the withholding of resuscitative treatment; or
(b) the withholding of resuscitative treatment already in progress once a duly executed `do not resuscitate order for emergency medical services' is identified;
(3) initiating resuscitative treatment on a `do not resuscitate patient' if EMS personnel were unaware of the existence of the order or if EMS personnel reasonably and in good faith believed the `do not resuscitate order' had been cancelled or revoked; or
(4) initiating resuscitative treatment on a `do not resuscitate patient' where in the best medical judgment of EMS personnel, the care was necessary to relieve pain or suffering or to provide comfort care to the patient.
Section 44-78-40. In the absence of a `do not resuscitate order for emergency medical services', EMS personnel shall give full resuscitative measures as are medically indicated in all cases.
Section 44-78-45. A health care provider and an EMS personnel shall follow the request of the patient and must not provide resuscitative measures when the patient has a `do not resuscitate order for emergency medical services'. A health care provider or EMS personnel who cannot honor the order must immediately transfer care of the patient to an EMS personnel or health care provider who will honor the order.
Section 44-78-50. (A) Nothing in this chapter may be construed to condone, authorize, or approve mercy killing or euthanasia or to permit any affirmative action or deliberate act to end life other than to allow the natural process of dying.
(B) No person under the age of eighteen years may request or receive a `do not resuscitate order for emergency medical services' as provided for in this article.
(C) The withholding of resuscitative measures pursuant to this article does not constitute suicide for any purpose.
Section 44-78-60. A `do not resuscitate order for emergency services' may be revoked by an oral statement by the patient to EMS personnel or by mutilating, obliterating, or destroying the document in any manner.
Section 44-78-65. The South Carolina Department of Health and Environmental Control shall promulgate regulations necessary to provide direction to emergency personnel in identifying patients who have a `do not resuscitate order for emergency services'."/
Renumber sections to conform.
Amend title to conform.
Senator MACAULAY explained the amendment.
There being no further amendments, the Bill was read the third time and ordered returned to the House of Representatives with amendments.
H. 4720 -- Reps. Law, Williams, Wofford, R. Young and H. Brown: A BILL TO AMEND ACT 518 OF 1982, RELATING TO THE BERKELEY COUNTY BOARD OF EDUCATION, SO AS TO PROVIDE THAT VACANCIES MUST BE FILLED FOR THE UNEXPIRED PORTION OF THE TERM BY APPOINTMENT OF THE BERKELEY COUNTY LEGISLATIVE DELEGATION.
The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
Senator MESCHER proposed the following amendment (4720R001.WCM), which was adopted:
Amend the bill, as and if amended, page 1, by striking lines 22-32 and inserting the following:
/"Any A vacancy occurring for any reason other than expiration of a term shall must be filled by special election of the board by majority vote until the next scheduled election at which time a successor shall be elected for the remainder of the for the unexpired portion of the term as provided in Section 7-13-190. The present county superintendent of education and the person elected to that office in November, 1982, shall serve as chairman of the board. Commencing July 1, 1987,. The board shall elect from among the its members thereof one person to serve as chairman for a term of one year, provided that no chairman shall be is eligible to serve more than two consecutive terms."/
Amend title to conform.
By prior motion of Senator MESCHER, the Bill was read the third time and ordered returned to the House of Representatives with amendments.
S. 1408 -- Senator Courtney: A BILL TO DEVOLVE THE POWERS AND DUTIES OF THE COUNTY BOARD OF EDUCATION OF SPARTANBURG COUNTY UPON THE SEVEN BOARDS OF TRUSTEES OF THE LOCAL SCHOOL DISTRICTS OF THAT COUNTY, AND TO ABOLISH THE COUNTY BOARD; TO ESTABLISH THE SPARTANBURG COUNTY EDUCATION OVERSIGHT COMMITTEE, PROVIDE FOR ITS COMPOSITION AND CHAIRMAN, AND PROVIDE FOR ITS POWERS, FUNCTIONS, AND DUTIES; TO PROVIDE THAT EACH OF THE SEVEN BOARDS OF TRUSTEES OF SPARTANBURG COUNTY SHALL HAVE TOTAL FISCAL AUTONOMY AND THAT FUNDING DERIVED FROM MINIMUM FOUNDATION MONIES MUST BE DISTRIBUTED ANNUALLY TO EACH OF THE SEVEN SCHOOL DISTRICTS OF THE COUNTY BY THE COUNTY TREASURER'S OFFICE IN ACCORDANCE WITH THE FORMULA GUIDELINES AS DIRECTED BY THE OVERSIGHT COMMITTEE; AND TO REQUIRE THAT ALL ASSETS OF THE COUNTY BOARD OF EDUCATION OF SPARTANBURG COUNTY BE SOLD AND THE PROCEEDS FROM THE SALE DISTRIBUTED EQUALLY BASED ON AVERAGE DAILY ATTENDANCE IN EACH OF THE SEVEN SCHOOL DISTRICTS IN THE COUNTY.
Senator COURTNEY 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 second reading of the Bill.
Senator COURTNEY proposed the following amendment (JUD1408.001), which was adopted:
Amend the bill, as and if amended, page 2, line 11, as contained in SECTION 1, by adding after the word /formula/ the following:
/utilized during the 1993-94 school year as stated in the rules of the County Board of Education of Spartanburg County/.
Amend the bill further, as and if amended, page 2, line 20, as contained in SECTION 1, by striking the word /formula guidelines/ and inserting therein the words /payment procedures/.
Amend the bill further, as and if amended, page 2, line 24, as contained in SECTION 1, by striking the word /attendance/ and inserting therein the words /membership/.
Amend title to conform.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.
On motion of Senator COURTNEY, S. 1408 was ordered to receive a third reading on Friday, May 20, 1994.
H. 4800 -- Reps. R. Smith, Sharpe, Stone, Huff and Rudnick: A BILL TO AMEND ACT 476 OF 1969, AS AMENDED, RELATING TO CREATION OF THE VALLEY PUBLIC SERVICE AUTHORITY, SO AS TO PROVIDE THAT AIKEN COUNTY COUNCIL SHALL DRAW THE BOUNDARIES FOR THE AUTHORITY'S SERVICE AREA.
Senator MOORE asked unanimous consent to make a motion to proceed to a consideration of the Bill.
Senator RYBERG objected.
On motion of Senator LANDER, with unanimous consent, the following appointments were confirmed:
Reappointments, Saluda County Magistrates, with terms to commence April 30, 1994, and to expire April 30, 1998:
Honorable D. Bruce Horne, Post Office Box 703, Saluda, S.C. 29138
Honorable Joyce Buffington Shults, 120 South Main Street, Saluda, S.C. 29138
On motion of Senator HAYES, with unanimous consent, the following appointment was confirmed:
Appointment, York County Magistrate, with term to expire April 30, 1995:
Mrs. Lynne Benfield, 13 Lynwood Circle, York, S.C. 29745 VICE Honorable Marvin Smith (deceased)
Having been reported favorably from Executive Session, on motion of Senator PEELER, with unanimous consent, the following appointment was confirmed:
Initial Appointment, Cherokee County Magistrate, with term to commence April 30, 1990, and to expire April 30, 1994:
Honorable Norris Eugene Camp, 104 Colonial Heights Drive, Blacksburg, S.C. 29702 VICE Harold D. Patterson (retired)
Senator WILLIAMS moved that when the Senate adjourns on Friday, May 20, 1994, it stand adjourned to meet next Tuesday, May 24, 1994, at 12:00 Noon, which motion was adopted.
At 3:30 P.M., on motion of Senator WILLIAMS, the Senate adjourned to meet tomorrow at 11:00 A.M.
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