Indicates Matter Stricken
Indicates New Matter
The House assembled at 10:00 A.M.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:
Almighty and gracious God Who feeds the birds and clothes the flowers and Who cares for us as a father his children, guard us against distrust and anxiety. Open our eyes to holiness, keep busy our minds with matters uplifting, and occupy our hands with work right and honorable. Cause us to see always our tasks here as a sacred trust, and stretch forth the strong right arm of Your majesty to be our defense against all temptations and dangers. Preserve the health of our bodies and the vigor of our minds, and use us now and always for the accomplishments of Your plans and purposes. Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by Rep. BOAN.
After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.
Rep. HAWKINS, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, with amendments, on:
H. 3236 -- Rep. P. Harris: A BILL TO AMEND SECTION 43-38-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INVESTIGATIONS BY THE OMBUDSMAN OF THE GOVERNOR'S OFFICE, SO AS TO AUTHORIZE A GENERAL HOSPITAL IN WHICH A CLIENT, PATIENT, OR RESIDENT OF A HEALTH FACILITY HAS BEEN TREATED DURING THE PERIOD UNDER INVESTIGATION TO RELEASE MEDICAL RECORDS TO THE OMBUDSMAN UPON HIS WRITTEN REQUEST.
Ordered for consideration tomorrow.
The following was introduced:
H. 3608 -- Rep. White: A CONCURRENT RESOLUTION EXPRESSING THE SYMPATHY OF THE GENERAL ASSEMBLY TO THE FAMILY AND FRIENDS OF THE LATE JOHNNY P. RAYMOND, SR., FORMER SHERIFF OF JASPER COUNTY.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3609 -- Rep. Harvin: A CONCURRENT RESOLUTION EXPRESSING THE DEEPEST SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF MR. HARRY BRIGGS OF SUMMERTON AND EXTENDING HEARTFELT SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
On motion of Rep. WINSTEAD, with unanimous consent, the following was taken up for immediate consideration:
H. 3610 -- Rep. Winstead: A CONCURRENT RESOLUTION TO URGE THE FEDERAL EMERGENCY MANAGEMENT AGENCY TO CONTINUE TO FUND THE EARTHQUAKE EDUCATION PROGRAM AT THE BAPTIST COLLEGE AT CHARLESTON FOR FISCAL YEAR 1986-87.
Whereas, in 1983 the Federal Emergency Management Agency requested that the Baptist College at Charleston submit a proposal to develop an earthquake education program for South Carolina; and
Whereas, since August, 1983, the Earthquake Education Center at the college has developed and disseminated earthquake safety and preparedness information to the public and to schools as one of two pilot programs in the United States; and
Whereas, the program has enhanced the public's ability to understand earthquake phenomena and risk, identified hazards to life and property, and effected measures to reduce personal and community vulnerability; and
Whereas, the pilot program funding ends August, 1986, and there is still a great deal of work to be done to reach the goals developed through the pilot program. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly urge the Federal Emergency Management Agency to continue to fund the Earthquake Education Program at the Baptist College at Charleston for fiscal year 1986-87.
Be it further resolved that a copy of this resolution be forwarded to the Federal Emergency Management Agency.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3611 -- Rep. Harvin: A CONCURRENT RESOLUTION EXTENDING THE SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND FRIENDS OF MRS. JUNE BUSBEE BOYLESTON OF RICHLAND COUNTY, WIFE OF OUR FORMER COLLEAGUE, SAMUEL L. BOYLESTON, UPON HER RECENT DEATH.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 3612 -- Reps. Dangerfield, Sheheen, Toal, Hearn and L. Martin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 42-15-55 TO ALLOW A JUDGE OF PROBATE, CLERK OF COURT, MASTER, CIRCUIT JUDGE, OR A MEMBER OF THE INDUSTRIAL COMMISSION TO APPOINT A GUARDIAN AD LITEM FOR A MINOR OR MENTALLY INCOMPETENT PERSON WHO IS A PARTY IN A PROCEEDING BEFORE THE INDUSTRIAL COMMISSION.
On motion of Rep. SHEHEEN, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 3613 -- Reps. T.M. Burriss and Beasley: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-4095 SO AS TO PROVIDE FOR PERMITS FOR TRANSPORTING NO MORE THAN TWO MODULAR HOUSING UNITS OR SECTIONAL HOUSING UNITS IF THE TOTAL LENGTH IS NOT MORE THAN FIFTY-TWO FEET.
Referred to Committee on Education and Public Works.
H. 3614 -- Rep. McEachin: A BILL TO AMEND SECTION 40-17-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN REGARD TO THE SOUTH CAROLINA PRIVATE DETECTIVE AND PRIVATE SECURITY AGENCIES ACT, SO AS TO PROVIDE THAT SCIENTIFIC RESEARCH LABORATORIES AND CONSULTANTS WHO ARE ENGAGED ON AN INDEPENDENT CONTRACTOR BASIS TO CONSULT WITH LAW ENFORCEMENT OFFICIALS OR INSURANCE COMPANIES AS TO THE CAUSES OF FIRES ARE NOT CONSIDERED TO BE ENGAGED IN THE PRIVATE DETECTIVE BUSINESS FOR PURPOSES OF THIS ACT.
Referred to Committee on Judiciary.
On motion of Rep. SHEHEEN, with unanimous consent, it was ordered that H. 3612 be read the second and third times the next two successive legislative days.
The roll call of the House of Representatives was taken resulting as follows.
Schwartz Alexander Anderson, J. Arthur, J. Arthur, W. Aydlette Bailey, G. Barfield Beasley Blackwell Blanding Boan Bradley, J. Bradley, P. Brett Brown, G. Brown, H. Brown, R. Burriss, J.H. Burriss, T.M. Carnell Chamblee Cooper Cork Dangerfield Davenport Day Derrick Faber Fair Felder Foxworth Freeman Gentry Gilbert Hawkins Hearn Hendricks, B. Hendricks, L. Holt Huff Johnson, J.C. Johnson, J.W. Kay Kirsh Lake Mangum Martin, D. Martin, L. Mattos McAbee McBride McEachin McKay McLeod Moss Neilson Nettles Ogburn Pearce Petty Phillips, L. Phillips, O. Rawl Rice Rogers, J. Rogers, T. Russell Sharpe Sheheen Shelton Simpson Stoddard Taylor Thrailkill Toal Washington White Wilkins Williams Winstead
I came in after the roll call and was present for the Session on March 6, 1986.
Tee Ferguson H. Larry Mitchell L. Edward Bennett Doug McTeer Robert N. McLellan J. W. Tucker R. Linwood Altman R. L. Helmly Ronald P. Townsend Robert Hayes, Jr. Parker Evatt Jarvis R. Klapman Thomas N. Rhoad Sterling Anderson Jean L. Harris Pat Harris M. Duke Cleveland Ken Bailey Samuel R. Foster Dave C. Waldrop, Jr. T. W. Edwards, Jr. Tom Limehouse Tom Marchant B. J. Gordon Charles L. Griffin Mickey Burriss Paul Short Jack Gregory Rick Rigdon Lenoir Sturkie Dick Elliott Larry Koon
LEAVE OF ABSENCE
The SPEAKER granted Rep. SNOW a leave of absence for the day.
Reps. K. BAILEY, BLANDING and KOON signed a statement with the Clerk that they came in after the roll call and were present for the Session on Wednesday, March 5, 1986.
Announcement was made that Dr. Vincent J. Degenhart of Columbia, is the Doctor of the Day for the General Assembly.
The following Bills were taken up, read the third time, and ordered sent to the Senate.
H. 3578 -- Reps. J. Anderson and S. Anderson: A BILL TO PROVIDE THAT STROM THURMOND HIGH SCHOOL IN EDGEFIELD COUNTY SHALL HEREAFTER REMAIN SO NAMED AS TRIBUTE TO ONE OF SOUTH CAROLINA'S MOST DISTINGUISHED SONS, U.S. SENATOR STROM THURMOND.
H. 3591 -- Rep. Lloyd Hendricks: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF MEARES BUILDERS, INC.
H. 3594 -- Labor, Commerce and Industry Committee: A BILL TO AMEND SECTION 34-29-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONSUMER FINANCE LAW, SO AS TO FURTHER PROVIDE FOR THE PROHIBITION AGAINST A LICENSEE INDUCING A PERSON TO SPLIT A LOAN IN ORDER FOR THE LICENSEE TO OBTAIN A HIGHER RATE OF INTEREST, AND TO AMEND CHAPTER 9, TITLE 37 OF THE 1976 CODE RELATING TO THE CONSUMER PROTECTION CODE BY ADDING SECTION 37-9-103 SO AS TO PROVIDE THAT CERTAIN SUBSIDIARIES OF THE SAME PARENT CORPORATION ARE NOT CONSIDERED RELATED PERSONS FOR PURPOSES OF THE REQUIREMENT THAT ALL RELATED PERSONS MAKING SUPERVISED CONSUMER LOANS MUST ELECT TO BE LICENSED UNDER THE SAME PROVISIONS OF LAW AND TO AUTHORIZE THE REVOCATION OF THE LICENSE OF THESE SUBSIDIARIES FOR ENGAGING IN OR FOR FAILING TO TAKE CERTAIN ACTIONS.
The motion of Rep. S. ANDERSON to reconsider the vote whereby the following Bill was given a second reading was taken up.
S. 462 -- Senators Land and Theodore: A BILL TO AMEND SECTIONS 40-57-100, 40-57-110, 40-57-150, 40-57-170, AND 40-57-180, ALL AS AMENDED, AND 40-57-10, 40-57-30, 40-57-40, 40-57-90, 40-57-120, 40-57-160, AND 40-57-240, RELATING TO REAL ESTATE BROKERS, COUNSELLORS, SALESMEN, APPRAISERS, PROPERTY MANAGERS, EXAMINATIONS, LICENSING, AND COMMISSION RULINGS AND DECISIONS, SO AS TO PROVIDE ADDITIONAL PREREQUISITES FOR THE EXAMINATION AND LICENSING OF PROPERTY MANAGERS, TO AUTHORIZE THE COMMISSION TO ESTABLISH AN APPLICATION FEE, TO CLARIFY PROVISIONS RELATING TO REAL ESTATE AUCTIONEERS; TO AUTHORIZE THE COMMISSION TO ASSESS FINES FOR MISREPRESENTATIONS AND OTHER INFRACTIONS AND TO ISSUE SUBPOENA AND CEASE AND DESIST ORDERS, TO DEFINE BROKER TO INCLUDE A PERSON WHO NEGOTIATES OR SOLICITS REFERRALS AND DEFINE BROKER-IN-CHARGE, PROPERTY MANAGER, AND PROPERTY MANAGER-IN-CHARGE, TO PROVIDE THAT THE PROVISIONS OF THE CHAPTER DO NOT APPLY TO TRANSACTIONS INVOLVING RENTAL OR LEASING OF REAL ESTATE BY THE OWNER, TO REQUIRE THAT ALL PERSONS LICENSED BY THE COMMISSION SUBMIT A CREDIT REPORT, TO PROVIDE THAT PROPERTY MANAGER IS AN ADDITIONAL LICENSE CLASSIFICATION AND THAT NO PERSON BE LICENSED IN MORE THAN ONE CLASSIFICATION, TO PROHIBIT INDUCEMENTS BY LICENSEES IN THE SALE OF REAL ESTATE, TO PROVIDE NOTICE TO THE COMMISSION OF CIVIL OR CRIMINAL ACTIONS AND JUDGMENTS, TO INCREASE THE PENALTY FOR FAILURE TO RENEW A LICENSE TO DEAL IN REAL ESTATE TRANSACTIONS FROM AN AMOUNT NOT TO EXCEED ONE HUNDRED DOLLARS TO FIVE HUNDRED DOLLARS AND INCREASE THE MAXIMUM PRISON TERM FROM THIRTY DAYS TO SIX MONTHS, AND TO AMEND THE 1976 CODE BY ADDING SECTION 40-57-250 SO AS TO PROVIDE FOR AN ADMINISTRATIVE FINE.
Rep. TOAL moved to adjourn debate upon the motion to reconsider, which was adopted.
The following Bill was taken up.
H. 3309 -- Rep. Rawl: A BILL TO AMEND ACT 76 OF 1977, AS AMENDED, THE "SOUTH CAROLINA STATE HOUSING AUTHORITY ACT OF 1977", SO AS TO PROVIDE FOR THE ESTABLISHMENT OF THE "STATE HOUSING AUTHORITY PROGRAM FUND" TO BE ADMINISTERED BY THE STATE HOUSING AUTHORITY, INCLUDING PROVISIONS FOR, AMONG OTHER THINGS, THE USE OF THE MONIES IN THE FUND AND THE INVESTMENT OF CERTAIN PORTIONS OF THESE MONIES.
Rep. BOAN made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
H. 3361 -- Rep. T.M. Burriss: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-5-250 SO AS TO PROVIDE THAT THE OFFICE OF THE STATE TREASURER IS A LIMITED TRUST COMPANY FOR PURPOSES OF THE FEDERAL RESERVE BOARD.
Rep. DANGERFIELD made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
H. 3555 -- Rep. Rawl: A BILL TO AMEND SECTION 61-3-990, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RESTRICTIONS ON RETAIL DEALERS OF ALCOHOLIC LIQUORS SO AS TO CHANGE CERTAIN REFERENCES IN THE SECTION FROM A "MINOR" TO A "PERSON OF TWENTY-ONE YEARS OF AGE."
Rep. HEARN explained the Bill.
Rep. GENTRY made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
H. 3558 -- Rep. Rawl: A BILL TO AMEND SECTION 61-9-455, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT THAT CERTAIN SIGNS BE POSTED IN RETAIL ESTABLISHMENTS THAT SELL BEER, ALE, PORTER, OR WINE REGARDING THE UNLAWFUL PURCHASE OF BEER, ALE, PORTER, OR WINE SO AS TO REVISE THE REQUIRED WORDING OF THESE SIGNS.
Rep. P. BRADLEY made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
H. 3559 -- Rep. Rawl: A BILL TO REPEAL SECTION 61-9-345, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERMITS BEING REQUIRED FOR ROUTE SALESMEN OR WAREHOUSE SALESMEN OF BEER WHOLESALERS.
Rep. DANGERFIELD made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
The following Bills and Joint Resolutions were taken up, read the second time, and ordered to a third reading:
S. 957 -- Senator Drummond: A BILL TO REPEAL ARTICLE 17 OF CHAPTER 13 OF TITLE 51 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HERITAGE WORLD EXPO AUTHORITY.
Rep. L. MARTIN explained the Bill.
H. 3239 -- Rep. P. Harris: A BILL TO AMEND SECTIONS 43-30-20, 43-30-50, 43-30-60, AND 43-30-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CLIENT-PATIENT PROTECTION ACT, SO AS TO CHANGE THE REFERENCE TO NURSING HOME OMBUDSMAN TO OMBUDSMAN AND TO CHANGE OBSOLETE REFERENCES.
Rep. WHITE explained the Bill.
S. 786 -- Senators E. Patterson, Theodore and N.W. Smith: A BILL TO AMEND SECTION 20-7-690, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONFIDENTIALITY OF REPORTS AND RECORDS OF CHILD WELFARE AGENCIES, SO AS TO PROVIDE THAT INFORMATION COLLECTED IN PROTECTING ABUSED AND NEGLECTED CHILDREN IS CONFIDENTIAL AND TO PROVIDE FOR THE REPORTS AND THE INFORMATION COLLECTED TO BE MADE AVAILABLE TO THE OMBUDSMAN OF THE OFFICE OF THE GOVERNOR.
Rep. WHITE explained the Bill.
S. 787 -- Senators E. Patterson, Theodore and N.W. Smith: A BILL TO AMEND SECTION 20-7-670, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSTITUTIONAL ABUSE AND NEGLECT INVESTIGATIONS BY THE DEPARTMENT OF SOCIAL SERVICES, SO AS TO PROHIBIT THE DEPARTMENT FROM INVESTIGATING ANY ALLEGATION OF ABUSE OR NEGLECT WHERE THE PERSON RESPONSIBLE FOR THE CHILD'S WELFARE IS AN EMPLOYEE OF A PUBLIC OR PRIVATE HEALTH FACILITY, INSTITUTION, OR AGENCY LICENSED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL OR OPERATED BY THE DEPARTMENT OF MENTAL HEALTH AND TO PROVIDE FOR THESE ALLEGATIONS TO BE INVESTIGATED BY THE OMBUDSMAN OF THE OFFICE OF THE GOVERNOR.
H. 3604 -- Reps. Schwartz and Sheheen: A JOINT RESOLUTION TO ADOPT REVISED CODE VOLUMES 1, 4, AND 14 AND NEW VOLUMES 1A, 4A, AND 14A OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO THE EXTENT OF THEIR CONTENTS, AS THE ONLY GENERAL PERMANENT STATUTORY LAW OF THE STATE.
On motion of Rep. L. MARTIN, with unanimous consent, it was ordered that S. 957 be read the third time tomorrow.
On motion of Rep. WHITE, with unanimous consent, it was ordered that H. 3239 be read the third time tomorrow.
On motion of Rep. WHITE, with unanimous consent, it was ordered that S. 786 be read the third time tomorrow.
On motion of Rep. WHITE, with unanimous consent, it was ordered that S. 787 be read the third time tomorrow.
Rep. SIMPSON moved that when the House adjourns it adjourn to meet at 2:00 P.M. Monday, which was not agreed to by a division vote of 27 to 42.
Rep. BLACKWELL moved that when the House adjourns it adjourn to meet at 3:00 P.M. Monday, which was agreed to.
Rep. TAYLOR asked unanimous consent to recall H. 3248 from the Committee on Judiciary.
Rep. SIMPSON objected.
On motion of Rep. GILBERT, with unanimous consent, the following Bill was introduced, read the first time, and referred to appropriate committee:
H. 3615 -- Reps. Gilbert, McLeod, Petty, Washington, K. Bailey, Toal, Winstead and Williams: A BILL TO PROVIDE THAT SCHOOL DISTRICT BUILDING LEVEL ADMINISTRATORS (PRINCIPAL, ASSISTANT PRINCIPAL, AND OTHER ADMINISTRATIVE OFFICIALS) WHO ARE INVOLUNTARILY REASSIGNED TO A TEACHING POSITION HAVE ALL THE RIGHTS PROVIDED TEACHERS.
Referred to Committee on Education and Public Works.
On motion of Rep. KLAPMAN, with unanimous consent, the House stood in silent prayer for the recovery of Rep. L. MARTIN'S brother-in-law, Mr. Tim Evatt.
The following Bill was taken up.
H. 3601 -- Reps. Alexander, Blackwell, P. Bradley, Brett, Fair, Marchant, Mattos, L. Phillips, Rice, Rigdon, Shelton and Wilkins: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-17-120 SO AS TO AUTHORIZE ANY SCHOOL DISTRICT WITH A STUDENT POPULATION OF FORTY-FIVE THOUSAND OR MORE TO PURCHASE TORT LIABILITY OR PROPERTY INSURANCE FROM PRIVATE CARRIERS.
Rep. WILKINS explained the Bill and moved to adjourn debate upon the Bill, which was adopted.
Rep. TOAL moved to reconsider the vote whereby debate was adjourned on the motion to reconsider the vote whereby the following Bill was given a second reading which was agreed to.
S. 462 -- Senators Land and Theodore: A BILL TO AMEND SECTIONS 40-57-100, 40-57-110, 40-57-150, 40-57-170, AND 40-57-180, ALL AS AMENDED, AND 40-57-10, 40-57-30, 40-57-40, 40-57-90, 40-57-120, 40-57-160, AND 40-57-240, RELATING TO REAL ESTATE BROKERS, COUNSELLORS, SALESMEN, APPRAISERS, PROPERTY MANAGERS, EXAMINATIONS, LICENSING, AND COMMISSION RULINGS AND DECISIONS, SO AS TO PROVIDE ADDITIONAL PREREQUISITES FOR THE EXAMINATION AND LICENSING OF PROPERTY MANAGERS, TO AUTHORIZE THE COMMISSION TO ESTABLISH AN APPLICATION FEE, TO CLARIFY PROVISIONS RELATING TO REAL ESTATE AUCTIONEERS; TO AUTHORIZE THE COMMISSION TO ASSESS FINES FOR MISREPRESENTATIONS AND OTHER INFRACTIONS AND TO ISSUE SUBPOENA AND CEASE AND DESIST ORDERS, TO DEFINE BROKER TO INCLUDE A PERSON WHO NEGOTIATES OR SOLICITS REFERRALS AND DEFINE BROKER-IN-CHARGE, PROPERTY MANAGER, AND PROPERTY MANAGER-IN-CHARGE, TO PROVIDE THAT THE PROVISIONS OF THE CHAPTER DO NOT APPLY TO TRANSACTIONS INVOLVING RENTAL OR LEASING OF REAL ESTATE BY THE OWNER, TO REQUIRE THAT ALL PERSONS LICENSED BY THE COMMISSION SUBMIT A CREDIT REPORT, TO PROVIDE THAT PROPERTY MANAGER IS AN ADDITIONAL LICENSE CLASSIFICATION AND THAT NO PERSON BE LICENSED IN MORE THAN ONE CLASSIFICATION, TO PROHIBIT INDUCEMENTS BY LICENSEES IN THE SALE OF REAL ESTATE, TO PROVIDE NOTICE TO THE COMMISSION OF CIVIL OR CRIMINAL ACTIONS AND JUDGMENTS, TO INCREASE THE PENALTY FOR FAILURE TO RENEW A LICENSE TO DEAL IN REAL ESTATE TRANSACTIONS FROM AN AMOUNT NOT TO EXCEED ONE HUNDRED DOLLARS TO FIVE HUNDRED DOLLARS AND INCREASE THE MAXIMUM PRISON TERM FROM THIRTY DAYS TO SIX MONTHS, AND TO AMEND THE 1976 CODE BY ADDING SECTION 40-57-250 SO AS TO PROVIDE FOR AN ADMINISTRATIVE FINE.
Rep. S. ANDERSON moved to table the motion to reconsider which was agreed to.
The following Bill was taken up, read the third time, and ordered returned to the Senate with amendments.
S. 462 -- Senators Land and Theodore: A BILL TO AMEND SECTIONS 40-57-100, 40-57-110, 40-57-150, 40-57-170, AND 40-57-180, ALL AS AMENDED, AND 40-57-10, 40-57-30, 40-57-40, 40-57-90, 40-57-120, 40-57-160, AND 40-57-240, RELATING TO REAL ESTATE BROKERS, COUNSELLORS, SALESMEN, APPRAISERS, PROPERTY MANAGERS, EXAMINATIONS, LICENSING, AND COMMISSION RULINGS AND DECISIONS, SO AS TO PROVIDE ADDITIONAL PREREQUISITES FOR THE EXAMINATION AND LICENSING OF PROPERTY MANAGERS, TO AUTHORIZE THE COMMISSION TO ESTABLISH AN APPLICATION FEE, TO CLARIFY PROVISIONS RELATING TO REAL ESTATE AUCTIONEERS; TO AUTHORIZE THE COMMISSION TO ASSESS FINES FOR MISREPRESENTATIONS AND OTHER INFRACTIONS AND TO ISSUE SUBPOENA AND CEASE AND DESIST ORDERS, TO DEFINE BROKER TO INCLUDE A PERSON WHO NEGOTIATES OR SOLICITS REFERRALS AND DEFINE BROKER-IN-CHARGE, PROPERTY MANAGER, AND PROPERTY MANAGER-IN-CHARGE, TO PROVIDE THAT THE PROVISIONS OF THE CHAPTER DO NOT APPLY TO TRANSACTIONS INVOLVING RENTAL OR LEASING OF REAL ESTATE BY THE OWNER, TO REQUIRE THAT ALL PERSONS LICENSED BY THE COMMISSION SUBMIT A CREDIT REPORT, TO PROVIDE THAT PROPERTY MANAGER IS AN ADDITIONAL LICENSE CLASSIFICATION AND THAT NO PERSON BE LICENSED IN MORE THAN ONE CLASSIFICATION, TO PROHIBIT INDUCEMENTS BY LICENSEES IN THE SALE OF REAL ESTATE, TO PROVIDE NOTICE TO THE COMMISSION OF CIVIL OR CRIMINAL ACTIONS AND JUDGMENTS, TO INCREASE THE PENALTY FOR FAILURE TO RENEW A LICENSE TO DEAL IN REAL ESTATE TRANSACTIONS FROM AN AMOUNT NOT TO EXCEED ONE HUNDRED DOLLARS TO FIVE HUNDRED DOLLARS AND INCREASE THE MAXIMUM PRISON TERM FROM THIRTY DAYS TO SIX MONTHS, AND TO AMEND THE 1976 CODE BY ADDING SECTION 40-57-250 SO AS TO PROVIDE FOR AN ADMINISTRATIVE FINE.
The following Bill was taken up.
H. 3607 -- Reps. Limehouse, Fair, Ferguson, Davenport, Petty, Koon, Klapman, Foxworth, Gentry, Hayes, J. Anderson and Wilkins: A BILL TO PROVIDE THAT THE STATE LAW ENFORCEMENT DIVISION, UPON THE REQUEST OF A PUBLIC OFFICIAL OR AT THE DIRECTION OF THE CHIEF IF A THREAT OF BODILY HARM HAS BEEN MADE AGAINST THE OFFICIAL OR HIS IMMEDIATE FAMILY, MAY PROVIDE PROTECTION TO THE OFFICIAL OR HIS FAMILY FOR A PERIOD OF NOT MORE THAN SEVENTY-TWO HOURS AND TO PROVIDE THAT AFTER A PERIOD OF SEVENTY-TWO HOURS, THE PROTECTION MAY ONLY BE CONTINUED WITH THE WRITTEN APPROVAL OF THE GOVERNOR.
Rep. CARNELL made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
On motion of Rep. WHITE, with unanimous consent, the following Bill was introduced, read the first time, and referred to appropriate committee:
H. 3616 -- Rep. White: A BILL TO AMEND SECTION 12-43-230, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS OF AGRICULTURAL REAL PROPERTY, MOBILE HOMES, AND LESSEE IMPROVEMENTS TO REAL PROPERTY FOR PURPOSES OF AD VALOREM TAXATION, SO AS TO REQUIRE THAT AGRICULTURAL REAL PROPERTY OVER TWO HUNDRED ACRES IN FORESTRY USE MUST BE ACTIVELY MANAGED FOR FORESTRY PURPOSES TO QUALIFY FOR THE AGRICULTURAL USE FOUR PERCENT ASSESSMENT RATIO AND TO REQUIRE THE SOUTH CAROLINA TAX COMMISSION TO PROMULGATE REGULATIONS DEFINING COMMERCIALLY VIABLE FORESTRY OPERATIONS.
Referred to Committee on Ways and Means.
Rep. GRIFFIN asked unanimous consent to recall H. 2597 from the Committee on Judiciary.
Rep. SIMPSON objected.
Rep. M.D. CLEVELAND, with unanimous consent, introduced Miss South Carolina of 1986, Miss Sherri Annette Thrift, of Oconee County.
Debate was resumed on the following Bill, the pending question being the consideration of amendments.
H. 2737 -- Reps. P. Harris, Carnell, Edwards, Kirsh and McLellan: A BILL TO ESTABLISH THE SOUTH CAROLINA INFRASTRUCTURE AUTHORITY, TO PROVIDE FOR THE MEMBERSHIP OF ITS GOVERNING BODY, AND PROVIDE FOR ITS FUNCTIONS, DUTIES, AND POWERS.
Reps. W. ARTHUR and L. MARTIN proposed the following Amendment No. 22 (Doc. No. 2532R), which was adopted.
Amend the bill, as and if amended, by adding a new section to be appropriately numbered which shall read as follows:
/SECTION ___. The State Treasurer shall serve ex officio as a member of the governing body of the South Carolina Jobs-Economic Development Authority./
Renumber sections to conform.
Amend title to conform.
Rep. W. ARTHUR explained the amendment.
Rep. TOAL raised the Point of Order that the amendment was not germane to the Bill.
The SPEAKER overruled the Point of Order.
Rep. TOAL spoke against the amendment.
Reps. W. ARTHUR and T.M. BURRISS spoke in favor of the amendment.
Rep. TOAL moved to table the amendment.
Rep. W. ARTHUR demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander Anderson, J. Bailey, G. Boan Cleveland Dangerfield Faber Foster Freeman Gordon Gregory Hawkins Hayes Holt Huff Keyserling Kirsh Klapman Koon Lewis Mattos McBride McLellan McTeer Ogburn Pearce Rhoad Rice Rogers, J. Rogers, T. Russell Sheheen Shelton Taylor Toal Waldrop Wilkins
Those who voted in the negative are:
Schwartz Altman Arthur, J. Arthur, W. Barfield Beasley Blackwell Bradley, P. Brown, G. Brown, H. Brown, R. Burriss, J.H. Burriss, T.M. Carnell Chamblee Cooper Cork Davenport Day Derrick Edwards Fair Felder Foxworth Gentry Gilbert Hearn Helmly Hendricks, B. Johnson, J.C. Johnson, J.W. Kay Lake Limehouse Mangum Martin, L. McAbee McKay Moss Neilson Petty Phillips, L. Phillips, O. Sharpe Simpson Stoddard Townsend Tucker Williams
So, the House refused to table the amendment.
The question then recurred to the adoption of the amendment, which was agreed to.
Rep. KIRSH proposed the following Amendment No. 23 (Doc. No. 2529R), which was tabled.
Amend the bill, as and if amended, by adding a new section to be appropriately numbered which shall read as follows:
/SECTION ___. Before any bonds may be issued as authorized by this act, the qualified electors located within the area of the project sponsor must first approve the issuance of the bonds for the proposed project in a referendum. The referendum may be called by the project sponsor and its costs must be paid by the project sponsor. The referendum must be conducted in the manner provided by law./
Renumber sections to conform.
Amend title to conform.
Rep. KIRSH explained the amendment.
Rep. TOAL spoke against the amendment and moved to table the amendment which was not agreed to.
Rep. KIRSH demanded the yeas and nays, which were not ordered.
The amendment was then tabled by a division vote of 49 to 20.
Reps. SHEHEEN, H. BROWN, PEARCE, WILKINS, TOAL, HUFF, KEYSERLING, RAWL, LEWIS, OGBURN, J.W. JOHNSON, FREEMAN, J. ROGERS, McEACHIN, LEWIS and P. BRADLEY proposed the following Amendment No. 24 (Doc. No. 2528R), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
SECTION 1. As used in this act:
(a) "Board" means the governing body of the South Carolina Jobs-Economic Development Authority.
(b) "Infrastructure Project" means: (i) a facility developed for the purpose of water storage and supply; (ii) a sewer system or treatment facility; or (iii) any enlargement or improvement of any of the projects described in this item.
(c) "Project Sponsor" means any county or municipality or any special purpose district providing water or sewer services or any other state or local authority, public service district providing water or sewer services, political subdivision or other eleemosynary entity created pursuant to the laws of the State of South Carolina which is empowered to enter into a debt obligation, and which has received approval of the proposed project from a majority of the legislative delegation of the county or counties in which the project will be located.
(d) "Priority Assessment" means the periodic assessment by the board of the chronological order in which the Infrastructure Projects are to be financed in the whole or in part pursuant to the provisions of this act, as determined in accordance with the provisions of this act.
(e) "State" means the State of South Carolina.
SECTION 2. The South Carolina Infrastructure Board is hereby created as a separate function of the South Carolina Jobs-Economic Development Authority to which must be deposited all monies received by the Board for the implementation of the programs authorized under this act including any grants by any agency of the United States or any other person.
The Board shall set policy for the administration of all monies derived under this act. For this purpose, the Board shall:
(1) Establish the criteria for determining an annual Priority Assessment of the Infrastructure Projects considering inter alia, the following factors: (i) the financial soundness of the Infrastructure project as determined in writing before any money is lent to or bonds purchased from the project sponsor; (ii) the potential of the Infrastructure Project to create or retain jobs or other public benefits; (iii) the public health and welfare requirements within the jurisdiction of the Project Sponsor; (iv) the creditworthiness of the Project Sponsor, and the measures taken by the Project Sponsor to ensure reasonable project costs; and (v) the availability or lack thereof of other funds to finance the Infrastructure Project;
(2) Develop annually a priority assessment;
(3) Receive applications from Project Sponsors for loans and other assistance as provided for herein and determine the comparative need for the loan or other assistance;
(4) Based upon available funds and based upon the Priority Assessment, enter into loan agreements with Project Sponsors and determine the recipients of other forms of aid as provided in this act. The board shall not deviate from the Priority Assessment except for emergency projects as described below. An emergency project is an Infrastructure Project which (i) is dependent upon a quick response and that would fail if it had to wait until the next annual priority list is prepared taking into account whether other reasonable forms of financing are available or (ii) involves a situation which endangers or has a clear potential to endanger public health and welfare where the Governor has made a declaration of emergency or the Commissioner of the Department of Health and Environmental Control has declared an imminent health hazard condition.
(5) Monitor loan repayment, available funds, and bonds and obligations issued in connection with the programs established hereunder, and report annually to the Governor, and the General Assembly on the activities and financial status during the preceding year.
(6) Establish such general funds, reserve funds, and other accounts, either as subaccounts or as separate accounts in the custody of the Treasurer of the State or of such trustee or depository as the board and the State Treasurer in their discretion determine advisable.
(7) Arrange for yearly audit of the financial activities and accounts in connection with authorized projects.
SECTION 4. (a) The Board must implement the programs of this act as soon as practicable. The Board must exercise care in the performance of its duties and the selection of specific infrastructure projects to receive its assistance.
(b) The Board shall take application for specific project approval from project sponsors as defined herein. Upon approval of specific projects, the Board shall identify the same to the State Treasurer and Budget and Control Board and such approval shall include:
(1) specific location of project
(2) identification of project sponsor
(3) details of financing for the project and pledge of revenues sufficient to retire the principal indebtedness and the interest payments called for in the financing instruments issued by the project sponsor to defray the cost of the project.
(c) Project sponsors may finance approved projects by the issuance of revenue bonds or revenue notes which shall not be considered a general obligation debt of the project sponsors; provided, however, such revenue bonds or revenue notes shall carry a sufficient pledge of revenue collection for the purpose of orderly retirement of the debt instruments issued hereunder.
SECTION 5. The board has the power in carrying out the purposes of this act to:
(a) adopt procedures, and regulations pursuant to Act 176 of 1977 and amendments thereto for the implementation and operation of the programs authorized by this act;
(b) adopt and use a seal;
(c) sue and be sued in its own name;
(d) enter into and enforce the contracts, agreements, leases, and instruments and prescribe the terms and conditions thereof, and make such offers to contract with such persons, partnerships, firms, corporations, agencies, or entities, whether public or private, considered desirable in furtherance of its purposes subject to the requirements of the South Carolina Consolidated Procurement Code;
(e) acquire by purchase, donation, exchange, or otherwise, hold, improve, mortgage, pledge, or otherwise encumber, manage, lease, convey, transfer, or dispose of any real or personal property, whether tangible or intangible, including its income, revenues, funds, and monies, together with the rights and privileges as may be incidental and appurtenant thereto; any such acquisition or disposition may be pursuant to public or private sale upon the terms and conditions as the authority may set forth in accordance with prudent business practices and the South Carolina Consolidated Procurement Code and upon approval by the Budget and Control Board;
(f) receive and accept funds, grants, aid, or other contributions of value from any source, consistent with the purposes of this act, carry out the terms or provisions or make agreements with respect to such gifts or grants, and do all things necessary, useful, or desirable in connection with the procuring, accepting, or disposing of such gift or grants;
(g) deposit monies, until used in the implementation of the programs under this act, and invest such monies in accordance with Sections 6-5-10, 11-9-660, and 11-9-661 of the 1976 Code, and any other investment which may be lawful for public funds, and withdraw monies in implementing the provisions of this act, except to the extent that the board has agreed to or is bound by restrictions in connection with the Reserve Fund, any special reserve fund created as security for any specific series of bonds or any contractual undertaking of the board;
(h) make plans, assessments, and conduct studies and hearings necessary or desirable for the implementation of its duties;
(i) determine the recipients of the board's assistance under this act;
(j) do anything authorized by this act through its officers, agents, employees, and consultants, prescribing their duties and fixing their compensation;
(k) impose reasonable fees and charges for rendering services which may be used by it for any of its authorized purposes;
(l) cooperate with and exchange personnel with any agency or instrumentality of the United States and with any agency or political subdivision of this State in the administration of any of the programs authorized by this act in compliance with Act No. 480 of 1978;
(m) procure insurance in compliance with the South Carolina Consolidated Procurement Code against any losses in connection with its property, operations, or assets in amounts and from such insurers as it considers advisable;
(n) render advisory services to any Project Sponsor.
SECTION 6. (a) The State Budget and Control Board through the State Treasurer is required to invest up to eighty percent of the general fund reserve as established by Section 11-11-310 of the 1976 Code in the obligations of project sponsors issued under this act, provided that sufficient project obligations are available that meet the criteria established by this act.
(b) The obligations from project sponsors created as a result of these loans shall carry a rate of interest equal to the rate of interest of the latest issued State general obligation bonds.
(c) The proceeds from the projects funded hereunder shall be pledged to the retirement of the indebtedness from Project Sponsors to the Board.
SECTION 7. The board may dispose of any property acquired by it at public sale for fair market value. If the board does not advertise the sale of property or take bids thereon at a public sale, then the reasons for such action must be set forth in writing and be made available for public inspection. In evaluating the consideration it receives for any property or the use thereof, the board may consider nonpecuniary benefits and benefits to the citizens of the State.
SECTION 8. (a) The board may establish and maintain a reserve fund for obligations incurred by Project Sponsors to finance Infrastructure Projects, to which there may be deposited or transferred:
(1) Any monies appropriated by the General Assembly for the purpose of such reserve fund;
(2) Any other money or funds of the board that it decides to deposit in the fund.
(b) Money in any reserve fund may be invested in investments authorized by this act.
(c) For purposes of valuation, investments in any reserve fund shall be valued at par, or if purchased at less than par, at cost unless otherwise provided by resolution of the board. Valuation on a particular date shall include the amount ?f interest then earned or accrued to that date on the money or investments in such reserve fund.
SECTION 9. (a) Every Project Sponsor is authorized and empowered to contract with the board with respect to any loan or purchase of its obligations pursuant hereto, and the contracts in connection therewith may be in any form agreed to by the board and the Project Sponsor. The term of such loan or the obligations so purchased may not exceed forty years. Every Project Sponsor is authorized and empowered to pay fees and charges required to be paid to the board for its services.
(b) Upon the execution and delivery by a Project Sponsor of any contract or obligations to the board, the Project Sponsor shall be considered to have agreed that in the event of its failure to pay interest or principal on such obligations owned or held by the board when payable, all statutory defenses to nonpayment are waived. The board may thereupon avail itself of all remedies, rights, and provisions of law applicable in the circumstances, and the failure to exercise or exert any rights or remedies within a time or period provided by law may not be raised as a defense by the Project Sponsor. The board shall carry out this section and exercise all the rights, remedies, and provisions of law provided or referred to in this section.
(c) Notwithstanding any other provision of law, to the extent that any department or agency of the State, including the Treasurer of the State, is the custodian of money payable to the Project Sponsor (other than for goods or services provided by the Project Sponsor), at any time after written notice to the department or agency head from the board that the Project Sponsor is in default on the payment of principal or interest on the obligations of the Project Sponsor then held, owned, or guaranteed by the board, the department or agency shall withhold the payment of that money from that Project Sponsor and pay over the money to the board for the purposes of paying principal of and interest on such obligations. Any withholding of payment by the State Treasurer of custodial funds payable to the Project Sponsor must be authorized by action of the General Assembly.
(d) As a condition of all loan approvals to Project Sponsors, the board shall, through regulations and by contract, require accountablility of the Project Sponsors. At a minimum, Project Sponsors shall be required to: (i) adhere to generally accepted accounting and audit standards as well as generally accepted managerial and administrative procedures; (ii) identify intended sources of revenue which may consist of charges, fees, or taxes for the services and benefits provided to the residents of the serviced area or the users of the Infrastructure Project sufficient to meet all debt obligations as well as all operational costs of the project facility, including, if the board deems necessary, a separate reserve account to provide for debt service or maintenance and replacement of the Infrastructure Project; (iii) perform annual audits relative to the debt obligation to the board; and (iv) publicly advertise and competitively bid all aspects of the construction project.
SECTION 10. The board has the power to enter into service agreement contracts with established public or private financial institutions for the purpose of day-to-day credit management and loan servicing and limit the liabilities of these institutions in regard to these service agreements. Upon approval of a loan to a Project Sponsor, a loan administrator may be appointed on an individual project basis, or for groups of projects, and may be selected from all banks, trust companies, and financial institutions licensed as provided by law, and may be given the right to enforce payment of all debt obligations and any covenants relating to the obligations. The board may vest in the loan administrator the right, in the event of a default, to institute receivership authority as authorized by law.
SECTION 11. The program established by the provisions of this act will be administered by the Jobs-Economic Development Authority in the manner provided by law.
SECTION 12. Neither this act nor anything herein contained is construed as a restriction or limitation upon any powers which the board might otherwise have under any laws of this State, but is construed as cumulative.
SECTION 13. The board shall implement its programs in accordance with regulations promulgated under the provisions of Act 176 of 1977 and amendments thereto.
SECTION 14. The provisions of this act are hereby declared to be severable and if any part or portion of this act is held to be unconstitutional, the remaining parts or portions shall remain in full force and effect.
SECTION 15. This act shall take effect upon approval by the Governor./
Amend title to conform.
Rep. SHEHEEN explained the amendment.
Rep. HUFF asked unanimous consent that the time of the speaker be extended 5 minutes, which was agreed to.
Rep. SHEHEEN continued speaking.
Rep. McLELLAN asked unanimous consent that the time of the speaker be extended 5 minutes, which was agreed to.
Rep. SHEHEEN continued speaking.
Rep. SHEHEEN continued speaking.
Rep. McTEER moved to table the amendment.
Rep. HUFF demanded the yeas and nays, which were not ordered.
The House refused to table the amendment by a division vote of 18 to 53.
Reps. McTEER, McABEE and MANGUM spoke against the amendment.
Rep. HUFF spoke in favor of the amendment.
Rep. McABEE moved to table the amendment.
Rep. SHEHEEN raised the Point of Order that one hour had not elapsed since a similar motion was made, which point was sustained by the chair.
Rep. McABEE moved to continue the amendment.
Rep. SHEHEEN raised the Point of Order that the motion to continue the amendment was out of order.
The SPEAKER Pro Tempore sustained the Point of Order.
Rep. SHEHEEN spoke against the amendment.
Rep. McABEE raised the Point of Order that the amendment violated provisos of Article III, Section 36, which stated that "in the event of a year-end operating deficit so much of the reserve fund as may be necessary must be used to cover the deficit ...", and also, "that upon the approval of two-thirds of the membership of each House, the reserve fund or any portion thereof must be appropriated by Act of the General Assembly for purposes other than such deficit.".
Rep. SHEHEEN argued that the Constitutional provisos refer to appropriations out of the reserve fund, and the amendment does not appropriate any moneys, but provides for investments of money which is in the reserve fund.
Rep. McABEE stated he agreed that the amendment does not appropriate money, but that by investing the money, it would deplete the reserve fund, and make the money unavailable to be used as the provisos of the Constitution dictate.
Rep. TOAL argued that the amendment does not take away funds from the reserve fund, but only discusses authorized investments of reserve fund money. She further argued that there was ample precedent that the Speaker of the House can not and will not make rulings about the constitutionality of legislation or amendments, as that is a function of the Courts, and that no amendment or Bill will fail to be considered because of a Point of Order about its constitutionality.
The SPEAKER Pro Tempore stated he had researched the Constitutional provisos quoted by Rep. McAbee, and that the two-thirds vote in order to remove funds from the reserve fund had been stricken when the Section was amended in 1985. He further stated that if the amendment had provided for appropriation of money from the reserve fund, it would be out of order. He then overruled the Point of Order, as the amendment only directs the investment of funds in the reserve fund.
Rep. McABEE then inquired if the special vote required by the 1985 amendment of the section dealing with the reserve fund would be required on this amendment.
The SPEAKER Pro Tempore stated that it would not be required.
Rep. SCHWARTZ spoke against the amendment.
The question then recurred to the adoption of the amendment.
Rep. McABEE demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander Altman Bailey, G. Barfield Blackwell Bradley, J. Bradley, P. Brett Brown, H. Brown, R. Burriss, J.H. Cleveland Dangerfield Davenport Day Faber Fair Ferguson Foxworth Freeman Gentry Gordon Gregory Hawkins Hendricks, B. Huff Johnson, J.W. Keyserling Klapman Lewis Limehouse Martin, D. Martin, L. Mattos McBride McEachin McLellan Neilson Ogburn Pearce Phillips, L. Rawl Rogers, J. Rogers, T. Russell Sheheen Shelton Short Stoddard Sturkie Taylor Toal Waldrop Washington White Winstead
Those who voted in the negative are:
Schwartz Anderson, J. Anderson, S. Arthur, J. Arthur, W. Aydlette Bailey, K. Beasley Bennett Boan Brown, G. Burriss, M.D. Carnell Chamblee Cooper Cork Derrick Elliott Evatt Foster Griffin Harris, P. Harvin Hayes Hearn Helmly Holt Johnson, J.C. Kay Kirsh Koon Lake Mangum Marchant McAbee McKay McLeod McTeer Mitchell Moss Petty Phillips, O. Rhoad Rice Sharpe Simpson Thrailkill Townsend Tucker
So, the amendment was adopted.
Reps. J. ANDERSON and HUFF proposed the following Amendment No. 25, which was adopted.
Amend as and if amended.
Section 41-43-40 of the South Carolina Code of Laws is hereby amended by adding a new section, which shall read as follows:
In making appointments to the Board, consideration shall be given to representation from both rural and metropolitan areas.
Rep. J. ANDERSON explained the amendment.
The amendment was then adopted.
Rep. W. ARTHUR proposed the following Amendment No. 26 (Doc. No. 2532R), which was tabled.
Amend the bill, as and if amended, by adding a new section to be appropriately numbered which shall read as follows:
/SECTION ___. The State Treasurer shall serve ex officio as a member of the governing body of the South Carolina Jobs-Economic Development Authority./
Renumber sections to conform.
Amend title to conform.
Rep. W. ARTHUR explained the amendment.
Rep. LEWIS moved to table the amendment which was agreed to.
Reps. TOAL and GORDON proposed the following Amendment No. 27, which was adopted.
Amend as and if amended, Doc. No. 2528R, "the SHEHEEN amendment".
Add an additional section to be appropriately numbered with shall read as follows:
"Section ___. All projects, whether infrastructure or others, approved or funded by the Jobs-Economic Development Authority shall be required to be approved by a majority of the legislative delegation of the county or counties in which the project will be located.
Amend title to conform.
Rep. TOAL explained the amendment.
The amendment was then adopted.
Rep. MATTOS moved to reconsider the vote whereby Amendment No. 24 was adopted and the motion was noted.
Reps. MANGUM, McABEE and CARNELL proposed the following Amendment No. 28, (Doc. No. 2552R), which was tabled.
Amend the bill, as and if amended, by adding a new section to be appropriately numbered which shall read as follows:
/SECTION ____. Before any bonds, notes or other obligations may be issued as authorized by this act, they must be approved by the State Budget and Control Board and the Joint Bond Review Committee./
Renumber sections to conform.
Amend title to conform.
Rep. McABEE explained the amendment.
Rep. LEWIS moved to table the amendment which was agreed to by a division vote of 55 to 37.
The motion of Rep. MATTOS to reconsider the vote whereby Amendment No. 24 was adopted was taken up.
Rep. TOAL moved to table the motion to reconsider.
Rep. KIRSH demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander Altman Bailey, G. Bailey, K. Barfield Blackwell Bradley, J. Bradley, P. Brown, H. Brown, R. Burriss, J.H. Cleveland Cooper Day Derrick Elliott Faber Fair Ferguson Foxworth Freeman Gentry Gordon Gregory Hawkins Hendricks, B. Huff Johnson, J.W. Keyserling Klapman Lewis Limehouse Martin, D. Martin, L. Mattos McBride McEachin McLellan Mitchell Nettles Ogburn Pearce Phillips, L. Rawl Rhoad Rigdon Rogers, J. Rogers, T. Russell Sheheen Shelton Short Simpson Taylor Toal Waldrop Washington White Winstead
Those who voted in the negative are:
Schwartz Anderson, J. Anderson, S. Arthur, J. Arthur, W. Aydlette Boan Brown, G. Burriss, M.D. Burriss, T.M. Carnell Chamblee Cork Dangerfield Davenport Foster Griffin Harris, P. Harvin Hayes Hearn Helmly Holt Johnson, J.C. Kay Kirsh Koon Lake Mangum Marchant McAbee McKay McLeod McTeer Moss Petty Phillips, O. Rice Sharpe Sturkie Thrailkill Townsend Tucker
So, the motion to reconsider was tabled.
The SPEAKER Pro Tempore granted Rep. COOPER a leave of absence for the remainder of the day.
Reps. LEWIS, McLELLAN, SHEHEEN and TOAL proposed the following Amendment No. 29, which was adopted.
Amend as and if amended.
Amend bill on page 9, Section 6, sub-paragraph (b) by striking sub-paragraph (b) and by adding the following:
"(b) the obligations from project sponsors created as a result of these loans shall carry a rate of interest equal to or greater than the rate of interest earned on selected municipal bonds shown in "The Bond Buyer 40" as compiled by The Bond Buyer or such similar publications that list average yields on similar maturities of selected municipal bonds most recently issued."
Rep. LEWIS explained the amendment.
Rep. McTEER spoke against the amendment and moved to table the amendment which was not agreed to by a division vote of 34 to 43.
Rep. GREGORY moved that when the House adjourns it adjourn to meet at 10:00 A.M. Tuesday.
Rep. MANGUM moved to table the motion.
Rep. TOAL raised the Point of Order that the motion setting the time for the House to convene is not subject to the motion to table.
The SPEAKER Pro Tempore sustained the Point of Order.
The question then recurred to the motion that when the House adjourns, it adjourn to meet at 10:00 A.M. Tuesday, which was not agreed to by a division vote of 29 to 58.
Rep. B.L. HENDRICKS spoke against the amendment.
The question then recurred to the adoption of the amendment.
Rep. B.L. HENDRICKS demanded the yeas and nays, which were not ordered.
The amendment was then adopted by a division vote of 48 to 45.
Rep. GENTRY proposed the following Amendment No. 30, which was adopted.
Amend as and if amended.
To add a New Section: That all new appointments to JEDA shall be appointed by the Governor with the approval of the South Carolina General Assembly.
Amend title to conform.
Rep. GENTRY explained the amendment.
The amendment was then adopted.
Rep. McABEE proposed the following Amendment No. 31 (Doc. No. 2518R), which was tabled.
Amend the bill, as and if amended, by adding a new section to be appropriately numbered which shall read as follows:
/SECTION ___. Notwithstanding the definitional section, the term "Board" as used in this act, unless the context clearly requires otherwise, means the State Budget and Control Board./
Renumber sections to conform.
Amend title to conform.
Rep. McABEE explained the amendment.
Rep. McLELLAN spoke against the amendment and moved to table the amendment.
Rep. J. ROGERS demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander Altman Anderson, J. Arthur, W. Aydlette Bailey, G. Bailey, K. Beasley Bradley, J. Bradley, P. Brown, H. Brown, R. Burriss, J.H. Burriss, M.D. Chamblee Dangerfield Elliott Faber Fair Foster Freeman Gordon Gregory Harvin Hawkins Hayes Hearn Hendricks, B. Keyserling Kirsh Lake Lewis Limehouse Martin, D. Martin, L. Mattos McBride McEachin McLellan McTeer Mitchell Neilson Nettles Ogburn Phillips, L. Rawl Rice Rogers, J. Rogers, T. Russell Sheheen Shelton Short Simpson Taylor Toal Townsend Waldrop Washington White
Those who voted in the negative are:
Schwartz Anderson, S. Arthur, J. Barfield Blackwell Boan Carnell Cork Davenport Edwards Foxworth Gentry Harris, P. Helmly Hendricks, L. Johnson, J.C. Johnson, J.W. Kay Koon Mangum Marchant McAbee McKay McLeod Moss Pearce Petty Phillips, O. Sharpe Stoddard Sturkie Thrailkill Tucker
So, the amendment was tabled.
Rep. McABEE proposed the following Amendment No. 32, which was tabled.
Amend as and if amended.
By adding a new section to be numbered which shall read as follows:
Section ___. Notwithstanding the definitional section, the term "Board" as used in this act, unless the context clearly requires otherwise, means The State Water Resources Commission./
Renumber Sections to conform.
Amend title to conform.
Rep. McABEE explained the amendment.
Rep. L. MARTIN moved to table the amendment which was agreed to.
Reps. MANGUM, McABEE and CARNELL proposed the following Amendment No. 33 (Doc. No. 2566R), which was tabled.
Amend the bill, as and if amended, by adding a new section to be appropriately numbered which shall read as follows:
/SECTION ____. Before any monies are used from the State Reserve Fund as authorized by this act, they must be approved by the State Budget and Control Board and the Joint Bond Review Committee./
Renumber sections to conform.
Amend title to conform.
Rep. McABEE explained the amendment.
Rep. SHEHEEN spoke against the amendment and moved to table the amendment which was agreed to by a division vote of 57 to 30.
Rep. SHARPE moved that the House do now adjourn.
Rep. TOAL demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Carnell Foxworth Freeman Harris, P. Kay McAbee Simpson Townsend
Those who voted in the negative are:
Schwartz Alexander Altman Anderson, J. Anderson, S. Arthur, W. Bailey, G. Bailey, K. Barfield Beasley Blackwell Boan Bradley, J. Bradley, P. Brown, G. Brown, H. Brown, R. Burriss, M.D. Chamblee Cork Dangerfield Day Edwards Evatt Faber Foster Gentry Gordon Griffin Harvin Hawkins Hayes Hearn Helmly Huff Keyserling Kirsh Koon Lake Lewis Limehouse Martin, D. Martin, L. Mattos McBride McEachin McKay McLellan McLeod McTeer Mitchell Moss Neilson Nettles Ogburn Pearce Petty Phillips, L. Rawl Rhoad Rice Rogers, J. Rogers, T. Russell Sheheen Shelton Sturkie Taylor Toal Tucker Waldrop Washington White
So, the House refused to adjourn.
Rep. GORDON moved that the House recede until 2:30 which was rejected.
Rep. GREGORY moved immediate cloture on the entire matter.
Rep. P. BRADLEY demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Schwartz Alexander Altman Anderson, J. Anderson, S. Arthur, W. Bailey, G. Barfield Beasley Blackwell Brown, H. Brown, R. Burriss, J.H. Cleveland Dangerfield Day Faber Fair Gentry Gordon Gregory Griffin Harvin Hawkins Helmly Hendricks, B. Huff Johnson, J.W. Keyserling Koon Lake Lewis Limehouse Martin, D. Martin, L. Mattos McEachin McLellan Neilson Nettles Ogburn Petty Phillips, L. Rawl Rice Rogers, J. Rogers, T. Russell Sheheen Shelton Sturkie Taylor Toal Waldrop Washington
Those who voted in the negative are:
Arthur, J. Aydlette Boan Bradley, J. Bradley, P. Brown, G. Burriss, M.D. Carnell Chamblee Cork Derrick Edwards Evatt Felder Foster Foxworth Freeman Harris, P. Hayes Hearn Johnson, J.C. Kay Kirsh Mangum Marchant McAbee McKay McTeer Moss Phillips, O. Rigdon Simpson Townsend Tucker
So, immediate cloture was ordered.
Rep. McABEE proposed the following Amendment No. 34 (Doc. No. 2429R), which was ruled out of order.
Amend the bill, as and if amended, on page 13, by inserting immediately after line 5:
Amend further by striking SECTION 13 on page 20 and inserting:
/
SECTION1. Item (f) of Section 3 of Act 1377 of 1968, as last amended by Section 1 of Part V of Act 201 of 1985, is further amended by adding:
1) South Carolina Law Enforcement Division
1. Criminalistic lab/equipment $9,700,000
2. Renovations 300,000
TOTAL, SLED $10,000,000
2) Adjutant General's Office
1. Headquarters Building $3,200,000
2. Armory improvements 500,000
TOTAL, Adjutant General $3,700,000
Provided, That the funds authorized above for "armory improvements" are allocated to specific projects and then scheduled in the statewide capital improvement priority groups by the Joint Bond Review Committee.
3) Budget and Control Board
1. Calhoun Building Renovations $3,000,000
2. Parking garage 4,500,000
3. Brown Building Renovations 300,000
4. Robert Mills Building
parking/fixtures 600,000
5. Contingency Fund Restoration 667,000
TOTAL, Budget and
Control Board $9,067,000
Provided, That the Budget and Control Board is authorized to finance the Calhoun/general renovations with $124,635 of renovation reserve funds.
Provided, Further, That the Budget and Control Board is authorized to finance the Columbia area microwave tower and network project with $1,822,400 of telephone revenues.
4) The Citadel
1. Alumni Hall renovate
or replace $4,566,000
2. Deas Hall Energy
Conservation 265,000
3. McAlister Field House $4,250,000
TOTAL, Citadel $9,081,000
The Citadel is authorized to finance the following projects from gifts: $1,204,000 for the McAlister Field House addition; $3,534,000 for the Mark Clark Hall renovation and addition; and $120,000 for the Indian Hill landscaping.
The Citadel is also authorized to finance the following projects from excess Debt debt service funds: $344,000 for the Special Student/visitor Housing and $275,000 for the Coward Hall kitchen renovation.
5) Clemson University
1. Waste treatment
plant improvements $2,112,534
2. Electrical distribution
system expansion 1,000,000
3. Jordon Hall Completion 350,000
TOTAL, Clemson $3,462,534
6) College of Charleston
1. Expand Utilities $ 750,000
2. Renovations 700,000
3. Replace steam and
condensate lines 950,000
TOTAL, College of
Charleston $2,400,000
Authorization is granted to the College of Charleston to finance the following project from plant improvement funds: $400,000 for the various facilities renovations.
Authorization is also granted to the College of Charleston to finance the 500 bed dormitory/ cafeteria from $6,000,000 of student and faculty housing revenue bonds.
Authorization is also granted to the College of Charleston to finance the 550 car parking garage from parking revenue bonds.
7) Francis Marion College
1. Computer Center $1,080,000
2. Library Expansion 2,392,000
TOTAL, Francis Marion
College $3,472,000
8) Lander College
1. Physical Education Complex $10,027,000
TOTAL, Lander College $10,027,000
9a) USC Columbia
1. Renovations $ 6,000,000
TOTAL, USC Columbia $ 6,000,000
9b) USC Aiken
1. Science Building $ 7,400,000
TOTAL, USC Aiken $ 7,400,000
9c) USC Coastal
1. Renovations $ 1,800,000
TOTAL, USC Coastal $ 1,800,000
9d) USC Spartanburg
1. Classroom Building $ 5,500,000
2. Renovations 1,100,000
TOTAL, USC Spartanburg $ 6,600,000
9e) USC Beaufort
1. Elementary School
Acquisition $ 1,900,000
2. Campus Development 300,000
TOTAL, USC Beaufort $ 2,200,000
9f) USC Lancaster
1. Renovations $ 646,000
TOTAL, USC Lancaster $ 646,000
9g) USC Salkehatchie
1. Library/classroom
renovations $ 195,000
TOTAL, USC Salkehatchie $ 195,000
9h) USC Sumter
1. Administration Building
Addition $ 2,000,000
TOTAL, USC Sumter $ 2,000,000
9i) USC Union
1. Renovations $ 500,000
TOTAL, USC Union $ 500,000
USC Union is granted authorization to acquire the Dawkins Court # 1 with private funds in the amount of $33,000.
TOTAL, University of
South Carolina $27,341,000
10) Winthrop College
1. Rutledge Renovations $ 1,300,000
2. McFeat Renovations 100,000
3. Withers Renovations $ 2,158,000
TOTAL, Winthrop College $ 3,558,000
Winthrop College is granted authorization to renovate Roddey Apartments and Bancroft with student and faculty housing revenue bonds in the amount of $2,898,000.
11) Medical University
1. Multipurpose Student Center $8,500,000
TOTAL, Medical University $8,500,000
12) Technical Education
1. Orangeburg/Calhoun Allied
Health Center $2,808,892
2. Midlands Multipurpose
Resource Center 5,920,000
3. Tri-county Learning
Resource/administration
Building 3,200,000
4. Piedmont Engineer
Technology Buildings 1,080,000
TOTAL, Technical Education $13,008,892
Provided, That prior to the withdrawal from the State Treasurer of any of the funds authorized above for the Orangeburg/Calhoun Allied Health Center, Midlands Multipurpose Resource Center, Tri-county Learning Resource/administration Building, and Piedmont Engineer Technology Buildings, the State Board for Technical and Comprehensive Education shall obtain and transmit to the Budget and Control Board a certificate from the appropriate official at such technical institutions stating that, as required by Section 6 of Act 654 of 1976, a minimum of twenty percent of the cost of each of the projects authorized in this subitem has been provided by the local support area.
13) Opportunity School
1. Repairs/improvements $250,000
TOTAL, Opportunity School $250,000
14) Vocational Rehabilitation
1. Rock Hill Center $775,000
TOTAL, Vocational
Rehabilitation $775,000
Provided, That, the Department of Vocational Rehabilitation is authorized to accept as a gift from Greenville County the Holmesview Rehabilitation Center now leased by the department.
15) School for Deaf/Blind
1. Vocational Education
Facility $600,000
2. Improvements 200,000
TOTAL, School for
Deaf/Blind $800,000
16) Department of Health
and Environmental
Control
1. Office Building $5,000,000
TOTAL, DHEC $5,000,000
17) Mental Retardation
1. Coastal Center Renovations $800,000
TOTAL, Mental Retardation $800,000
Provided, That the Department of Mental Retardation may utilize the balance of state bonding authorized in Act 179 of 1981 for the "multi-handicapped unit at Coastal" to renovate facilities on the Coastal Campus.
18) John de la Howe School
1. Cottage Renovations $472,000
2. Repairs/Improvements 200,000
TOTAL, John de la
Howe School $672,000
19) Commission for the Blind
The Commission for the Blind is authorized to finance the adult adjustment/training center with federal funds in the amount of $150,000.
20) Youth Services
1. Fire Safety Renovations $747,000
2. Improvements/Repairs 500,000
3. Greenville/Reg. Detention
Center 850,000
TOTAL, Youth Services $2,097,000
21) Law Enforcement Training Council
The Law Enforcement Training Council is authorized to finance the following projects from fines and forfeitures: $30,000 for Lecture Hall/reroof; $30,000 for Weapons Range (50 yard) Venting System; $30,000 for Weapons Range (25 yard) Venting System; $122,000 for Gym/Physical Training Area/reroof; $300,000 for Physical Training Facility Addition; $1,000,000 for Expansion of Dining Room/kitchen; $1,500,000 for New Dormitory Building; $1,000,000 for Additional Administrative Space; and $1,000,000 for Additional Classroom Space.
22) Forestry Commission
1. Newberry Office $416,586
TOTAL, Forestry Commission $416,586
23) Clemson PSA
1. Lehotsky Hall Renovation $1,140,000
2. Hobcaw Barony Renovation 415,000
3. Pendleton Road Insectary 337,000
4. Show and Sale Arena 4,400,000
TOTAL, Clemson PSA $6,292,000
Provided, that Clemson PSA is authorized to finance the Hobcaw Barony Laboratory with gifts in the amount of $100,000.
24) Wildlife and Marine Resources
1. Renovations/Improvements $ 400,000
2. Communications System 3,900,000
TOTAL, Wildlife and
Marine Resources $4,300,000
25) Parks, Recreation and Tourism
1. Renovations/Improvements $6,000,000
TOTAL, Parks, Recreation
and Tourism $6,000,000
Provided, That the funds authorized above for "Renovations/Improvements" must be allocated to specific projects and then scheduled in the statewide capital improvements priority group schedule by the Joint Bond Review Committee.
26) Patriots Point Development Authority
The Patriots Point Development Authority is authorized to finance the following projects from admission revenue: $35,000 for Sewer System Freeze Protection; $45,000 for Savannah Maritime Museum; $136,000 for Access Road/Parking Lot/Resurface; and $50,000 for Floating Pier Building.
27) Clarks Hill Authority
1. Property Acquisition/
Development $5,000,000
TOTAL, Clarks Hill Authority $5,000,000
28) Employment Security Commission
1. Charleston Office $ 963,000
2. Chester Office 168,000
3. Aiken Office 286,000
4. Sumter Office 161,000
5. Spartanburg Office 416,000
6. Myrtle Beach Office 195,000
7. Bennettsville Office 228,000
8. Liberty Office 202,000
9. Seneca Office 202,000
10. Hampton Office 87,500
11. Walterboro Office 239,000
12. Georgetown Office 262,000
13. Lancaster Office 300,000
14. Rock Hill Office 421,000
15. Barnwell Office 193,000
16. Hartsville Office 323,000
17. Greenville Office 496,000
18. Gaffney Office 261,000
19. Clinton Office 96,500
TOTAL, Employment
Security Commission $5,500,000
Provided, That the issuance of bonds authorized for the office buildings program is conditioned on an agreement with the appropriate federal authorities under which federal funds will be available to cover the retirement of the bonds.
29) Aeronautics Commission
1. Airport Improvements $2,200,000
TOTAL, Aeronautics
Commission $2,200,000
Provided, That funds authorized above for "Airport Improvements" must be allocated to specific projects and then scheduled in the statewide capital improvements priority group schedule by the Joint Bond Review Committee.
TOTAL, BOND AUTHORIZATIONS
FOR ALL AGENCIES $137,862,478
SECTION 2. Section 4 of Act 1377 of 1968, as last amended by Act 179 of 1981, is further amended to read:
"Section 4. The aggregate principal indebtedness on account of bonds issued pursuant to this act shall not exceed $866,408,807.10 $1,034,085,093.10;. provided, that the The limitation herein imposed by the provisions of this section shall not apply to bonds issued on behalf of the Mental Health Commission as provided in Act 1276 of 1970 and Act 1272 of 1970, or bonds issued on behalf of the Commission on Mental Retardation as provided in act 1087 of 1970. The limitation herein imposed by the provisions of this section shall is not be deemed considered to be an obligation of the contract made between the State and holders of bonds issued pursuant to this act, and the limitation herein imposed by the provisions of this section may be enlarged or reduced from time to time by acts amendatory hereof of it. Within such the limitations state capital improvements bonds may be issued from time to time under the conditions prescribed by this act."
SECTION 3. The Joint Bond Review Committee shall schedule the authorizations as provided in Section 1 of this act into the statewide capital improvements priority schedule it has previously adopted.
SECTION 4. Whereas, ambiguity exists as to the intention of the General Assembly in the enactment of Section 11 of Part I of Act 194 of 1979; and
Whereas, it remains clear that the Board of Trustees of Winthrop College is the proper body to determine the circumstances under which an admissions fee is levied on paid admissions to the athletic facilities authorized by subitem 10 of item (f) of Section 3 of Act 1377 of 1968, as added by Section 1 of Part I of Act 194 of 1979; and
Whereas, it is necessary to clarify Section 11 of Part I of Act 194 of 1979. Now, therefore,
Section 11 of Part I of Act 194 of 1979 is amended to read:
"Section 11. Prior to the issuance of the $6,620,000 authorized in subitem 10 of Section 1 of this act for Athletic Facilities-Construction and Equipment, Winthrop College shall execute a note to the State of South Carolina for all necessary funds in excess of $3,500,000. The note shall have a maturity schedule which shall not exceed forty years and shall not exceed $3,120,000 and shall bear such interest as may be determined by the Budget and Control Board.
To insure payment of this note, the Board of Trustees of Winthrop College may define paid admissions by written policy so long as this policy does not impair Winthrop College's obligation to provide the annual debt service of the indebtedness. Winthrop College shall levy an admissions fee of not less than fifty cents ($0.50) on all paid admissions to the facility and shall further levy a student fee in such amount as may be necessary to provide the annual debt service of the indebtedness.
The special student fee shall bear such nomenclature as the trustees may prescribe and it may, in the discretion of the trustees, be included as a part of any other fee, but it shall remain the duty of the trustees to account for the receipts from the special student fees to the State Treasurer.
The receipts from the special admissions fee and the special student fees shall be deposited promptly with the State Treasurer and shall be maintained in a special fund from which the debt service shall be paid. If the balance in the special fund shall become inadequate to pay the debt service, the State Treasurer shall notify the trustees of Winthrop College and it shall be the duty of the trustees to adjust the admissions fee and/or the special student fee so as to place the note payment on a current basis.
SECTION 5. (A) Subitem 28 of item (f) of Section 31 of Act 1377 of 1968, as added by Act 179 of 1981, is amended to read:
"28. MUSEUM COMMISSION:
1. Renovation for
State Museum $ 4,000,000
Museum exhibits $ 1,000,000
TOTAL, Museum Commission $ 4,000,000
$ 1,000,000
Provided, that Mount Vernon Mills, Inc., donates by deed to the State of South Carolina the real estate and improvements located near Gervais Street and the Congaree River in Columbia, formerly known as the Columbia Division properties of Mount Vernon Mills, Inc. Such donation shall be evidence of Mount Vernon Mills great interest in the people of South Carolina, concern for the preservation of an historic monument and desire to stimulate development of an outstanding State Museum.
Provided, further, that funds from other than State sources be raised and used to fund architectural and engineering expenses necessary for the utilization of the donated properties, that at least $1,100,000 of funds from other than State sources be raised for contributing to the renovation of the donated properties and that a plan be developed to raise at least an additional $1,000,000 within two years to establish a permanent endowment fund with all income from such fund pledged to defray all or a portion of the additional cost of annual operations of the State Museum.
Provided, further, that the General Assembly declares its intent that the $4,000,000 authorized above for the purpose of renovation of a State Museum shall be the only state capital financing for this entire project.
Provided, further, that the University of South Carolina shall conduct a study to determine the feasibility of using the Mount Vernon Mill property as a depository for the Movie Tone Film Library now in the custody of the University and report its findings to the General Assembly no later than February 15, 1982.
Provided, further, that the $1,000,000 for Museum Exhibits, authorized by this subitem, may be used only to acquire or construct exhibits which will have a useful life of greater than ten years, and that no exhibits acquired with these bond funds may be sold, traded, or otherwise disposed of within the ten-year period. Provided, further, that, in addition to the funds raised from other than state sources by the Museum Commission and used for architectural and engineering design work, the Museum Commission must raise not less than $1,100,000 additional to finance exhibits for the State Museum."
(B) Subitem 2A of item (f) of Section 31 of Act 1377 of 1968, as added by Act 179 of 1981, is amended to read:
"2A. BUDGET AND CONTROL BOARD:
1. Contingency Revolving
Fund $ 500,000
2. Mt. Vernon Mill Site
Development $3,000,000
TOTAL, Budget and Control Board 500,000
$3,500,000
Provided, that, in making the above authorization, it is the intent of the General Assembly to provide the funding needed to establish a revolving fund to be used to finance emergency permanent improvement repair and replacement projects. Agency proposals for using these funds shall must be submitted to the Budget and Control Board and to the Joint Bond Review Committee simultaneously. The Board shall promptly consider and forward its recommendations on each request to the Joint Bond Review Committee. No request may be recommended for approval by the Board and no request may be approved by the Joint Bond Review Committee unless both the Board and the Committee shall have unanimously determined that the repair and/or replacement project for which funding is requested in a bona fide emergency which the requested funds, together with any other available funds, can address effectively. No institution of higher education, the Department of Mental Health or the Department of Mental Retardation may request funds from this account.
Provided, further, that in order to maintain the revolving funds, any funds transferred to another agency or institution from the revolving fund shall must be included as a request for reimbursement to the fund in the next permanent improvement project survey."
SECTION 6. Sub-subitem 16 of subitem 27 (Parks, Recreation and Tourism) of item (f) of Section 3 of Act 1377 of 1968, as added by Part I of Act 194 of 1979, is amended to read:
"16. Myrtle Beach--Swimming
Pool Improvements $ 375,000".
SECTION 7. Section 15 of Act 518 of 1980 is deleted.
SECTION 1. (A) The General Assembly will be considering a 1986 bond bill of over one hundred million dollars. The normal capital improvement program is required to address the maintenance, repair, renovation, and remodeling of six thousand buildings and facilities, and the need for new buildings and facilities of fifty agencies, institutions, colleges, and universities. The regular statewide capital improvement program spends sixty to seventy million dollars annually. The Nelson prison overcrowding settlement will cost about one hundred sixty million dollars for prison construction over the next five years, requiring an additional average of thirty-five million dollars a year until fiscal year 1990-91. The statewide capital improvement program must be financed with general obligation bonds until the capital fund is large enough to finance the whole program with cash. This transition will take four to five years if properly regulated.
(B) The State entered into an agreement in the Nelson settlement in 1985, which means that the State agreed to no prison overcrowding by 1990. After the settlement, the General Assembly passed a burglary bill which will require an additional six hundred beds but has done nothing to fund the prison construction that will be required.
(C) The Joint Bond Review Committee recommends that good-faith compliance with the Nelson settlement be assured by guaranteeing that funds are made available to build the prisons that are necessary. The five prisons that will be needed by 1990 should be authorized in 1986. The committee will look closely at all reasonable methods of reducing the need for these prisons and at any alternative financing proposals that would be more cost effective than general obligation bonds or cash.
(D) The Joint Bond Review Committee further recommends that the funds made available through the annual capital fund monies be used solely for prison construction until the time as there are funds in excess of the need for prisons which would then be applied toward the funding of projects already authorized by the General Assembly. The committee recommends suspending the gradual phase-down of the debt service limitation but requiring full implementation by 1992. This will enable the treasurer to issue bonds until the capital fund can replace them. The committee and the Budget and Control Board will regulate the transition from bonds to the capital fund. This transition will take four to six years to complete. An annual capital improvement budget could be financed by the capital fund by 1991. The debt service will gradually be reduced to nothing as old bond issues are paid off, thus freeing up operating budget funds and avoiding all interest charges.
SECTION 2. Item (f) of Section 3 of Act 1377 of 1968, as last amended by Section 1 of Part V of Act 201 of 1985, is further amended by adding:
"Department of Corrections
Prison Construction
and Renovations/
Nelson Settlement $160,000,000
TOTAL, Department of
Corrections $160,000,000
Provided, That the funds authorized above for prison construction and renovations required by the Nelson prison overcrowding settlement must be a combination of capital fund monies and general obligation bonds as determined by the Joint Bond Review Committee and the Budget and Control Board.
Provided, Further, That the funds must be scheduled for release in a manner that ensures compliance with the deadlines of the Nelson settlement."
SECTION 3. Subsection (C) of Section 11-11-430 of the 1976 Code, as last amended by Section 64 of Part II of Act 201 of 1985, is further amended to read:
"(C) The issuance of general obligation bonds of the State must be limited so that the maximum annual debt service on all general obligation bonds of the State (excluding highway bonds, state institution bonds, tax anticipation notes, and bond anticipation notes) may not exceed five percent of the general revenues of the State for the fiscal year next preceding (excluding revenues which are authorized to be pledged for state highway bonds and state institution bonds).
Beginning with fiscal year 1985-86, the limitation on debt service provided by this subsection shall decrease by one-half of one percent each fiscal year until the limitation reaches two and one-half percent in fiscal year 1989-90 and thereafter.
The State's debt service expenditures for general obligation bonds must be no more than two and one-half percent of the general fund of the prior fiscal year by fiscal year 1992-93."
SECTION 4. The fifth paragraph of Section 11-11-310 of the 1976 Code, as last amended by Section 34 of Part II of Act 201 of 1985, is further amended to read:
"The General Assembly beginning with fiscal year 1985-86 in the annual general appropriation act shall appropriate into a Capital Expenditure Fund which is separate and distinct from the general reserve fund the following amounts:
(1) For fiscal year 1985-86, the amount appropriated must be one-half of one percent of the general fund revenue estimate for that year;
(2) For fiscal year 1986-87, the amount appropriated must be one and one-half percent of the general fund revenue estimate for that year;
(3) For fiscal year 1987-88, and for each fiscal year thereafter, the amount appropriated must be two and one-half percent of the general fund revenue estimate for that year.
Revenues in this Capital Expenditure Fund may be appropriated by the General Assembly in separate legislation for the purpose of accelerating the retirement of state bonded indebtedness or for the purpose of avoiding the issuance of bonds for projects that are authorized but not issued.
The revenue generated from the two and one-half percent capital expenditure fund must be applied toward the construction of prisons. When there is revenue available in excess of the need for prisons, the Joint Bond Review Committee and the Budget and Control Board shall apply the revenue toward the financing of projects authorized by the General Assembly."
SECTION 5. All capital improvement projects must be scheduled for financing by the Joint Bond Review Committee in the priority funding schedule adopted by the committee.
This act shall take effect upon approval by the Governor./
Amend totals and title to conform.
Rep. McABEE explained the amendment.
Rep. SHEHEEN raised the Point of Order that the amendment was not germane as it dealt with General Obligation Bonds.
Rep. McABEE argued that General Obligation Bonds were no different from revenue bonds, which were provided for in the original Bill.
Rep. SHEHEEN stated that for the purposes of germaneness, the Bill, as amended, must be considered, and the current form of the Bill only provides for the issuance of local government bonds.
The SPEAKER Pro Tempore sustained the Point of Order and ruled the amendment out of order.
Rep. SHEHEEN proposed the following Amendment No. 14, which was tabled.
Amend as and if amended.
McAbee amendment (last adopted) by striking Section 1.
Rep. SHEHEEN moved to table the amendment which was agreed to.
Reps. TOAL, HUFF and J. ANDERSON proposed the following Amendment No. 15, which was tabled.
Amend "Amendment No. 10", Doc. No. 2469R, Section 5, pg. 6, by striking 3rd and 4th sentence of said Section in its entirety.
Rep. TOAL moved to table the amendment which was agreed to.
Rep. SHEHEEN proposed the following Amendment No. 16, which was tabled.
Amend as and if amended.
McAbee amendment (last adopted)
Section 6 by adding after "1977", "and amendments thereto."
Section 16, by adding after "1977", "and amendments thereto."
Rep. SHEHEEN moved to table the amendment which was agreed to.
Rep. FELDER spoke in favor of the Bill.
The question then recurred to the passage of the Bill, as amended.
Pursuant to Rule 7.7 the Yeas and Nays were taken resulting as follows:
Those who voted in the affirmative are:
Schwartz Alexander Altman Anderson, J. Anderson, S. Arthur, J. Arthur, W. Bailey, G. Bailey, K. Barfield Beasley Bennett Blackwell Bradley, J. Bradley, P. Brown, G. Brown, H. Brown, R. Burriss, J.H. Burriss, M.D. Burriss, T.M. Carnell Chamblee Cleveland Cork Dangerfield Davenport Day Elliott Evatt Faber Fair Felder Ferguson Foster Foxworth Freeman Gentry Gordon Gregory Griffin Harris, P. Harvin Hawkins Hayes Hearn Helmly Hendricks, B. Hendricks, L. Huff Johnson, J.C. Johnson, J.W. Keyserling Lake Lewis Limehouse Martin, D. Martin, L. Mattos McBride McEachin McLellan McLeod McTeer Mitchell Moss Neilson Nettles Ogburn Pearce Petty Phillips, L. Phillips, O. Rawl Rhoad Rice Rigdon Rogers, J. Rogers, T. Russell Sharpe Sheheen Shelton Sturkie Taylor Toal Townsend Tucker Waldrop Washington White Winstead
Those who voted in the negative are:
Aydlette Boan Edwards Kirsh Koon Mangum Marchant McAbee McKay Simpson Stoddard Thrailkill
So, the Bill, as amended, was read the second time and ordered to third reading.
If I had been present, I would have voted in favor of H. 2737.
REP. JAMES LOCKEMY
On motion of Rep. TAYLOR, with unanimous consent, the following Joint Resolution was introduced and read the first time.
H. 3617 -- Reps. Taylor, McBride, Faber, Harvin, Mitchell and K. Bailey: A JOINT RESOLUTION TO REQUIRE ALL STATE AGENCIES, POLITICAL SUBDIVISIONS, AND AGENCIES OF POLITICAL SUBDIVISIONS TO SUBMIT IN WRITING, NOT LATER THAN SIXTY DAYS FOLLOWING THE EFFECTIVE DATE OF THIS ACT, TO THE PRESIDENT OF THE SENATE AND SPEAKER OF THE HOUSE OF REPRESENTATIVES A LIST OF EVERY ONE OF ITS INVESTMENTS, INCLUDING THE AMOUNT THEREOF, IN ANY FINANCIAL OR GOVERNMENTAL ENTITY OF THE COUNTRY OF SOUTH AFRICA OR IN CERTAIN BUSINESS ENTERPRISES OR CHARITABLE FOUNDATIONS CONNECTED WITH SOUTH AFRICA.
Rep. TAYLOR asked unanimous consent to have the Resolution placed on the Calendar without reference.
Rep. T.M. BURRISS objected.
Referred to Committee on Invitations and Memorial Resolutions.
Rep. T.M. BURRISS, with unanimous consent, withdrew his objection to the Resolution going without reference. So, the Resolution was placed on the calendar without reference.
On motion of Rep. GRIFFIN, with unanimous consent, the following Bill was ordered recalled from the Committee on Judiciary.
H. 2597 -- Reps. Schwartz and Griffin: A BILL TO AMEND SECTION 16-23-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PISTOLS, SO AS TO CHANGE THE WORD PISTOLS TO WEAPONS AND TO PERMIT THE LAW ENFORCEMENT AGENCY TO TRADE A CONFISCATED WEAPON WITH A RETAIL DEALER LICENSED IN THIS STATE FOR A WEAPON APPROVED BY THE AGENCY.
On motion of Rep. B.L. HENDRICKS, with unanimous consent, the following Bill was ordered recalled from the Legislative Council.
S. 977 -- Senator Nell Smith: A BILL TO AMEND SECTION 7-7-450, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN PICKENS COUNTY, SO AS TO DELETE THE NUMERICAL DESIGNATION OF EACH PRECINCT.
Rep. KLAPMAN, with unanimous consent, withdrew his objection to the following Bill.
S. 126 -- Senator Thomas E. Smith, Jr.: A BILL TO AUTHORIZE EVERY STANDING COMMITTEE OF THE SENATE AND OF THE HOUSE OF REPRESENTATIVES, EVERY JOINT STUDY COMMITTEE OF THE GENERAL ASSEMBLY, AND EVERY JOINT SUBCOMMITTEE OF STANDING COMMITTEES OF THE SENATE AND THE HOUSE OF REPRESENTATIVES TO ISSUE SUBPOENAS, ADMINISTER OATHS, TAKE DEPOSITIONS, AND RECEIVE TESTIMONY AND EVIDENCE AS NECESSARY TO CARRY OUT ITS DUTIES, INCLUDING SUBPOENAS FOR OTHERWISE CONFIDENTIAL RECORDS; TO PROVIDE A METHOD FOR LIMITING, REVOKING, OR MODIFYING SUBPOENAS ISSUED; TO PERMIT THE RECEIPT OF TESTIMONY AND EVIDENCE IN EXECUTIVE SESSION FOR GOOD CAUSE SHOWN; TO PROVIDE FOR THE ENFORCEMENT OF SUBPOENAS; AND TO GRANT IMMUNITY FROM CIVIL OR CRIMINAL ACTIONS TO PERSONS PRODUCING MATERIALS PURSUANT TO SUBPOENA.
Rep. TOAL asked unanimous consent that H. 2737 be read a third time tomorrow.
Rep. KIRSH objected.
Reps. J. ANDERSON and GENTRY moved that when the House adjourns it adjourn out of memory and respect for the South Carolinians who lost their lives at the Alamo, which was agreed to.
Rep. HARVIN moved that when the House adjourns it adjourn out of memory and respect for Mr. Harry Briggs, which was agreed to.
Rep. Alexander moved that the House recede until 2:30.
Rep. TOAL raised the Point of Order that fifteen minutes had not elapsed since a similar motion was made, which point was not sustained by the chair.
Rep. RAWL moved that the House do now adjourn.
Rep. ALEXANDER demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Altman Anderson, J. Arthur, J. Arthur, W. Bailey, K. Bradley, J. Brown, G. Brown, R. Carnell Cork Day Felder Ferguson Foster Gentry Gordon Gregory Harris, J. Harvin Hawkins Helmly Hendricks, B. Hendricks, L. Huff Johnson, J.C. Johnson, J.W. Kay Keyserling Kirsh Mangum Martin, D. Martin, L. McAbee McEachin McKay McLeod McTeer Nettles Pearce Phillips, O. Rawl Rhoad Russell Sheheen Short Simpson Stoddard Taylor Thrailkill Townsend Waldrop Washington
Those who voted in the negative are:
Schwartz Alexander Anderson, S. Bailey, G. Barfield Beasley Blackwell Boan Bradley, P. Brown, H. Chamblee Cleveland Dangerfield Davenport Edwards Elliott Fair Foxworth Klapman Koon Lake Lewis Limehouse Mattos McLellan Mitchell Moss Ogburn Petty Phillips, L. Rice Rogers, J. Rogers, T. Shelton Sturkie Toal Tucker
So, the motion to adjourn was agreed to.
The Senate returned to the House with concurrence the following:
H. 3605 -- Reps. White and Keyserling: A CONCURRENT RESOLUTION ENDORSING THE NOMINATION OF BEAUFORT-JASPER COMPREHENSIVE HEALTH SERVICES, INC., FOR THE OUTSTANDING RURAL PRACTICE AWARD GIVEN BY THE NATIONAL RURAL HEALTH CARE ASSOCIATION AND CONGRATULATING BEAUFORT-JASPER COMPREHENSIVE HEALTH SERVICES, INC., FOR THE FINE WORK IT HAS DONE AS A MODEL RURAL HEALTH CARE DELIVERY AGENCY IN THIS STATE AND NATION.
H. 3608 -- Rep. White: A CONCURRENT RESOLUTION EXPRESSING THE SYMPATHY OF THE GENERAL ASSEMBLY TO THE FAMILY AND FRIENDS OF THE LATE JOHNNY P. RAYMOND, SR., FORMER SHERIFF OF JASPER COUNTY.
H. 3609 -- Rep. Harvin: A CONCURRENT RESOLUTION EXPRESSING THE DEEPEST SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF MR. HARRY BRIGGS OF SUMMERTON AND EXTENDING HEARTFELT SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
H. 3610 -- Rep. Winstead: A CONCURRENT RESOLUTION TO URGE THE FEDERAL EMERGENCY MANAGEMENT AGENCY TO CONTINUE TO FUND THE EARTHQUAKE EDUCATION PROGRAM AT THE BAPTIST COLLEGE AT CHARLESTON FOR FISCAL YEAR 1986-87.
H. 3611 -- Rep. Harvin: A CONCURRENT RESOLUTION EXTENDING THE SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND FRIENDS OF MRS. JUNE BUSBEE BOYLESTON OF RICHLAND COUNTY, WIFE OF OUR FORMER COLLEAGUE, SAMUEL L. BOYLESTON, UPON HER RECENT DEATH.
At 1:10 P.M. the House in accordance with the motion of Reps. J. ANDERSON, GENTRY and HARVIN adjourned out of memory and respect for the South Carolinians who lost their lives at the Alamo and for the late Mr. Harry Briggs, to meet at 10:00 A.M. tomorrow.
This web page was last updated on
Tuesday, June 30, 2009 at 1:41 P.M.