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:
Our Heavenly Father, Who has filled the earth with springtime beauty by throwing a mantle of green across the shoulders of the hills, keep open our eyes to see Your omnipotent hand in the loveliness of the world in which we live. Give to us the desire and the determination to bring the gift of gladness to others. Teach us to know that a kind word to someone in need is like a brilliant star in the darkness of night. Give to us a vision of life not bounded by our own selfish desires, but may we possess the power to live for the good of our fellowbeings, to be concerned about others: the needy, the poor, the sick, the oppressed.
Thank You, Lord, for this privilege of prayer. 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 the SPEAKER.
After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.
The following was received.
To the Honorable Carroll A. Campbell, Jr., Governor of South Carolina, and Members of the General Assembly of South Carolina:
The South Carolina Legislative-Governor's Committee on Mental Health and Mental Retardation is pleased to offer the 1987 Annual Report for your consideration.
Senator Harvey Peeler, Jr., Gaffney, was appointed by Lt. Governor Nick Theodore to replace Senator Elizabeth Patterson. Senator James E. Bryan, Jr., Laurens, Senator Thomas E. Smith, Jr., Pamplico, and Senator John C. Hayes, III, Rock Hill, complete the Senate membership of the Committee. Speaker of the House, the Honorable Robert Sheheen, appointed two new House members: Representative Marion Carnell, Ware Shoals, and Representative Derwood Aydlette, Charleston. Representative Jean L. Harris, Cheraw, and I continue as House members on the Committee. Mr. James Harrison, Denmark, joined the Committee in November, 1986 as a Governor's appointee. He serves with Mr. Jack Barnes, Anderson, Mrs. Nancy Banov, Charleston, and Mrs. Naomi Dreher, Columbia.
Once again, the Committee has seen an active year. Many people have shared their time with us to better the quality of life for those stricken with mental illness and persons with mental retardation. We give them our heartfelt thanks.
Respectfully submitted,
Representative Patrick B. Harris, Chairman
Senator Thomas E. Smith, Jr.
Senator James E. Bryan, Jr.
Senator John C. Hayes, III
Senator Harvey Peeler, Jr.
Representative Derwood Aydlette
Representative Jean L. Harris
Representative Marion Carnell
Mrs. Nancy L. Banov
Mrs. Naomi Dreher
Mr. Jack Barnes
Mr. James Harrison
The Committee was created in 1957 by Concurrent Resolution H. 1895 and was called the Committee to Study Public and Private Facilities for Mental Health and Mental Laws of South Carolina. Senate Resolution S.648 of 1958 and Senate Resolution S.76 of 1959 continued the Committee's existence for two years until Act 888 in 1960 created a permanent study committee. The Committee's name was changed to Legislative-Governor's Committee on Mental Health and Mental Retardation by Act 617 of 1967. Act 38 of 1973 increased the size of the Committee from nine to twelve members and expanded the Committee's scope to include the study of "mental retardation and mental retardation institutions."
The Committee continues to operate pursuant to Act 38 of 1973 (Sections 2-39-10 and 2-39-20 of 1976 Code of Laws of South Carolina). This Act provides for a twelve-member committee: Four Senate members appointed by the President of the Senate, four House members appointed by the Speaker of the House, and four Governor appointees.
The Mental Health/Mental Retardation Committee saw several pieces of legislation pass during the 1986 session. H.3147 established the "Involuntary Commitment Act for Alcohol and Drug Abuse (Chapter 52, Title 44, 1976 Code of Laws). H.2762 involves court procedures for persons committed on emergency papers to a psychiatric facility. H.3568 established the Continuum of Care for Emotionally Disturbed Children.
H.3147 "Involuntary Commitment Act for Alcohol and Drug Abuse" provides new commitment procedures for voluntary, emergency and judicial admissions of alcohol and drug addicts to the S.C. Department of Mental Health. Important provisions within the legislation include the rights of patients, conditional discharges, patient elopements, leaves of absence and transfer requirements from one facility to another. This legislation resulted from a need to develop a system whereby chronic alcoholics and drug addicts could be helped to overcome their problems. Previous to this legislation, there was no viable involuntary commitment system for this population.
H.2762 requires the probate court to appoint two treatment facility or two independent designated examiners to examine patients within seven days of admission to a treatment facility(excluding legal holidays, Saturdays and Sundays) and to report their findings to the court. If the patient is not mentally ill, the court must immediately discharge the patient. If the patient is found to be mentally ill, the court has twenty days from admission to hold a due process hearing. This legislation resulted from concerned advocates in the field of mental health who felt the previous time frame for court review was too long.
H.3568 establishes the Continuum of Care for Emotionally Disturbed Children whose purpose is to "develop and enhance the delivery of services to severely emotionally disturbed children and youth and to ensure that the special needs of this population are met." Provides for a governing board and Advisory Council. This legislation resulted from a three year pilot project that began in the Lexington/Richland County area.
COMMUNITY EVALUATION FOR AGE 55 and ABOVE
H.2102
S.257
CURRENT LAW:
None
PROPOSED LAW:
Creates Section 44-17-415 by requiring that persons age 55 and above have a physical examination, as well as a psychiatric examination, when entering a mental health facility on emergency treatment papers.
STATUS:
S.257 Senate Medical Affairs Committee.
H.2102 Amended by the House and passed. Referred to Senate Medical Affairs. Amended for further clarification and reported out of Committee. Currently on the Senate Calendar. House amendment limits the physical evaluation to those persons age 55 and above already a patient in a general hospital or a client of a residential care facility. Senate amendment limits physical examination results to those results already on record.
EXPLANATION:
Result of a task force conducted by the Committee to look at the problems of persons age 55 and above at the Department of Mental Health.
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MENTAL RETARDATION BOARDS
H.2100
S.256
CURRENT LAW:
Section 44-21-830 provides for the establishment and membership of county mental retardation boards. Board memberships are appointed by the Governor upon recommendation by the county legislative delegations.
Section 44-21-840 provides for the duties of the county mental retardation boards.
PROPOSED LAW:
County Mental Retardation Boards established by County Councils, as a result of Home Rule, shall be recognized by the S.C. Dept. of Mental Retardation as having equal status to those boards created pursuant to Section 44-21-830 provided that they function as set forth in Section 44-21-840.
STATUS:
H.2100 passed the House and Senate with minor technical amendments. Signed into law by the Governor April 13, 1987.
EXPLANATION:
Per request by the Department of Mental Retardation to insure that all mental retardation boards have equal status.
COMMUNITY BASED EVALUATIONS FOR MENTAL HEALTH EMERGENCY ADMISSIONS
H.2101
S.255
CURRENT LAW:
Section 44-17-410 provides for emergency admissions to mental health facilities of persons likely to cause serious harm to themselves or others.
PROPOSED LAW:
Amends Section 44-17-410 by providing that prior to an emergency admission to a mental health facility, a person must first be evaluated by the mental health center to determine how his needs may best be provided for. Lists alternatives to hospitalization.
STATUS:
S.255 Senate Medical Affairs Committee.
H.2101 was amended by the House Medical Affairs Committee. Further amendments were offered by Rep. D. Martin. The bill was placed on the House Contested Calendar. Set for Special Order. Passed the House. Senate referred to the Senate Medical Affairs Committee.
EXPLANATION:
Result of a one year pilot project in eight counties of South Carolina. The project conclusively showed that community evaluations can reduce the number of inappropriate admissions to the Department of Mental Health.
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PATIENT RIGHTS FOR MENTALLY ILL, MENTALLY RETARDED AND ALCOHOL AND DRUG ABUSE
H.2996
CURRENT LAW:
Current law has no consolidated section of rights for patients or clients in South Carolina facilities. Rather, various rights are spread out among the code book.
PROPOSED LEGISLATION:
Amends the code of laws primarily in Title 44, to consolidate existing laws into a new chapter in the code book as well as modify some of the more archaic sections of law to conform to modern trends. Develops new sections of law in an effort to keep up with national standards concerning the rights of persons in mental health or mental retardation facilities.
STATUS:
H.2996 is in House Medical Affairs.
EXPLANATION:
Result of a task force conducted by the Committee to study patient rights.
TECHNICAL AMENDMENTS TO INVOLUNTARY COMMITMENT ACT FOR ALCOHOL AND DRUG ABUSE
H.2103
CURRENT LAW:
Chapter 52, Title 44, 1976 Code of Laws establishes the Involuntary Commitment Act for Alcohol and Drug Abuse.
PROPOSED LAW:
Technical amendments to provide consistency with the mental health commitment statutes.
STATUS:
H.2103 passed the House and Senate with amendments and is enrolled for ratification. House amended to read that notice of discharge by the facility must be given by certified mail to the patient, parent or guardian, counsel and other interested parties. Also amended to give probate judges the option of reviewing an objection to discharge to determine the need for a full court hearing. Amended by the Senate Medical Affairs Committee to further clarify intent of the law.
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COMMITMENT OF CHILDREN IN NEED OF MENTAL HEALTH TREATMENT
H.2138
S.257
CURRENT LAW:
Adult commitment statutes currently applicable to children.
PROPOSED LAW:
Creates a new chapter (Chapter 24) of code for commitment of children in need of mental health treatment. Provides for care and treatment.
STATUS:
H.2138 in House Medical Affairs Committee. They conducted a public hearing February 17, 1987. S.257 in Senate Medical Affairs Committee.
EXPLANATION:
Result of a task force held by the Committee to look at the needs of mentally ill and emotionally disturbed children in the mental health system of services.
TAX CREDIT - FAMILIES CARING FOR MENTALLY RETARDED H.2137
S.227
CURRENT LAW:
None
PROPOSED LAW:
Provides for different levels of tax credits for families contributing one-half of the financial support for a severely retarded person living at home or in an institution. Defines severely retarded person.
STATUS:
H.2137 tabled in House Ways and Means Committee. S.227 in Senate Finance Committee.
EXPLANATION:
Requested by the Department of Mental Retardation as an aid to those families caring for severely mentally retarded.
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JOINT RESOLUTION ALCOHOL AND DRUG ABUSE
H.2626
S.512
CURRENT LAW:
None
PROPOSED LAW:
Joint Resolution to provide temporary funding of alcohol and drug commitments from January 1, 1987 through June 30, 1987.
STATUS:
S.512 passed the Senate and House. Now enrolled for ratification.
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CONTRABAND
H.2998
S.651
CURRENT LAW:
Section 44-23-1080 requires the Department of Mental Health to post a list of contraband at the entrance to each facility and makes possession of contraband and furnishing patients with contraband a felony.
PROPOSED LAW:
Describes contraband and eliminates need for signs. Charges of furnishing contraband to patients would be a misdemeanor.
STATUS:
H.2998 referred to House Judiciary Committee.
S.651 referred to Senate Medical Affairs Committee. Senate Medical Affairs amended to read that furnishing patients with alcohol or controlled substances is a misdemeanor and gives appropriate penalty. Furnishing a patient with firearms or weapons is a felony with appropriate penalty. Currently on Senate Calendar.
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ADMINISTRATIVE LEAVE
H.2997
S.648
CURRENT LAW:
Section 8-11-40 provides for administrative leave with pay to full time employees who are disabled by patient assault.
PROPOSED LAW:
Provides for administrative leave with pay not to exceed 180 days.
STATUS:
H.2997 referred to House Ways and Means Committee. Reported out and placed on House Calendar.
S.648 referred to Senate Finance Committee.
H.2531
EXPLANATION:
Would repeal the Involuntary Commitment Act for Alcohol and Drug Abuse (Chapter 52, Title 44, 1976 Code of Laws).
STATUS:
Referred to House Medical Affairs Committee.
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H.2446
EXPLANATION:
Currently, a court may find a defendant to be guilty but mentally ill and a defendant may enter a plea of guilty but mentally ill. Proposed legislation will disallow the court from accepting a guilty but mentally ill; however, a court may still find the defendant guilty but mentally ill.
STATUS:
Passed the House with amendments. Referred to Senate Judiciary Committee. Discussed in full Committee. Assigned to subcommittee for amendments.
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S.732
EXPLANATION:
Amends Sections 15-3-40, 15-78-20, 15-78-30, 15-78-60, 15-78-70, 15-78-100, 15-78-110, 15-78-120 and 59-67-710 for tort reform.
STATUS:
Reported out of Senate Judiciary Committee. Passed the Senate and referred to House Judiciary Committee.
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S.448
EXPLANATION:
Requires that City or County Councils and all residents within three miles of a proposed location of a residential care facility be given written notification of the proposed home site. The governing council would be required to hold a public hearing and approve the location before a residential care facility could open for operation.
STATUS:
Referred to Senate Medical Affairs Committee.
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H.2539
EXPLANATION:
Would exempt the Department of Mental Health and the Department of Mental Retardation from requirements for both certificate of need and licensure.
STATUS:
Reported out of House with amendments. Referred to Senate Medical Affairs Committee.
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S.478
EXPLANATION:
Currently, residential care facilities for nine or fewer mentally or physically handicapped persons are treated as a natural home and are exempt from zoning ordinances. This legislation would remove the exemption from zoning ordinances by lifting the classification of residential - natural home.
STATUS:
Referred to Senate Judiciary Committee.
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S.463
EXPLANATION:
Requires the Department of Mental Health to assume responsibility for transportation of mental health commitments.
STATUS:
Referred to Senate Medical Affairs Committee. Discussed by full Committee. Recommitted to subcommittee for amendments.
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H.2731
S.261
EXPLANATION:
Allows intermediate care facilities for mentally retarded to be under the supervision of a licensed nursing home administrator or a qualified mental retardation professional. Defines intermediate care facility and qualified mental retardation professional.
STATUS:
H.2731 tabled in House Medical Affairs Committee. S.261 passed the Senate with amendments and was referred to the House Medical Affairs Committee. Reported out of Committee with amendments and now on House Contested Calendar.
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S.702
EXPLANATION:
Requires notification of local law enforcement when violent patients are released from a mental health facility.
STATUS:
Referred to Senate Judiciary Committee.
The Committee is allocated $62,165 annually and is currently authorized for three positions.
The Department of Mental Health and the Department of Mental Retardation are allocated the 5th and 11th largest budgets respectively. Together, these agencies receive 7.8 percent of the General fund. The Mental Health/Mental Retardation Committee closely follows the budget process as it effects these two agencies.
The Mental Health/Mental Retardation Committee has been given additional responsibilities through provisos to the Appropriations Bill:
42.15
The Department of Mental Health shall investigate the potential for all program savings that can be initiated in FY 1987 and subsequent years and shall submit an analysis of both options for saving and implementation progress on savings to the Joint Legislative Committee on Mental Health and Mental Retardation with copies to House Ways and Means Committee and the Senate Finance Committee on a quarterly basis. These plans shall include, but not be limited to savings in the following areas: (1) Medicaid Revenue enhancement, (2) energy conservation, (3)patient fees, (4) revision to current commitment laws, (5) medical/surgical services, (6) development of funds allocation formula to provide financial incentives to treat patients in the community rather than in institutions, and (7) maximum use of research and training resources. Any saving over $3 million as assumed in this Act shall be transferred to community Mental Health based programs for institutional avoidance.
42.17
The Department of Mental Health shall submit a progress report on the plan to have been implemented by July 1, 1987 for allocating funds to the individual Community Mental Health Centers which shall include, but not be limited to the following: (1)financial incentive for institutional avoidance, (2)local treatment of serious psychiatric disorders where appropriate and (3)financial incentives for increasing Medicaid and fee earnings. The Department shall report its progress to the Legislative-Governor's Committee on Mental Health and Mental Retardation, with copies to House Ways and Means Committee, the Senate Finance Committee and the Budget and Control Board no later than October 1, 1987.
Team advocacy is the concept of having trained volunteers work with an agency to improve the living conditions of institutionalized patients. Currently, the concept is limited to the Department of Mental Health.
The Mental Health/Mental Retardation Committee sponsored the team advocacy project through recommendation of Ms. Louise Ravenel, S.C. Protection and Advocacy System. The Committee sponsored the initial training of approximately 20 volunteers in 1985. Since then, the S.C. Mental Health Association and the S.C. Protection and Advocacy System have trained an additional 70 volunteers, bringing the total number of team advocacy volunteers close to 100.
Teams of volunteers make surprise visits to psychiatric wards and check basic living conditions such as ward and patient cleanliness and appearance etc. Their report is forwarded to the Mental Health/Mental Retardation Committee and from there to the Department of Mental Health. The Department of Mental Health has 30 days to respond to the report with a plan of correction. Once the plan of correction is in place, the team advocacy volunteers make follow-up visits to the wards.
The response from the Department of Mental Health has been excellent. Federal grant money resulting from the Protection and Advocacy for Mentally Ill Individuals Act has allowed the S.C. Mental Health Association and S.C. Protection and Advocacy System to hire one full-time staff person to work with team advocacy.
In May, 1986, President Reagan signed into law the Protection and Advocacy for Mentally Ill Individuals Act of 1986 (PAMI). As a result, S.C. Protection and Advocacy System has increased responsibilities for advocating on behalf of persons who have been diagnosed as mentally ill or emotionally impaired.
An Advisory Board has been established to aid the S.C. Protection and Advocacy System in meeting their new responsibilities. The Mental Health/Mental Retardation Committee Chairman and staff are actively involved with the Advisory Board. The Advisory Board has two subcommittees: discharge planning and research and education. Board members include advocates, consumers of mental health services, agency employees, judges and government representatives.
Discharge planning and statewide education on mental illness are the primary focus of the Board at this time.
Committee staff serves on an Advisory Board of a project funded by federal grant money called KIVA and Community Outreach Program. The project began in October 1986 and will run through October 1989.
Part One of the project is to identify and assist those S.C. State Hospital patients who, when faced with eminent discharge into the community, have hindered that discharge by an overt act, either immediately prior to or immediately after discharge. Additionally, it is the purpose of this project to research this conduct to determine if contributing factors can be identified to develop methodologies to control these factors.
Part Two of the project is the Community Outreach Program. S.C. Mental Health Association staff will work with their unstaffed chapters to help them develop volunteer run community support programs for patients and a consumer of mental health services will work with Association chapters to develop consumer self-help groups.
The Mental Health/Mental Retardation Committee was instrumental in helping develop a new Memorandum of Agreement between the Department of Mental Health and the Department of Mental Retardation for the dually diagnosed (mentally ill/mentally retarded).
The new agreement includes basic service tracts by either agency and provides for emergency care. Delegation of authority over persons served by either agency is provided for in order to resolve disagreements of that nature. Client traffic between the agencies will be monitored by Department of Mental Retardation case managers and Department of Mental Health social workers.
The purpose of this new agreement is to help alleviate the frequent transfer of client responsibility from one agency to another and to provide a continuum of services.
The Committee recently began work on a year long project to study the mental retardation statutes and other state statutes that affect the lives of persons with mental retardation. A task force of 45 people - professionals in the field of mental retardation, advocates, parents, agency staff and legislative staff were appointed by the Committee Chairman to make recommendations for legislation or policy changes.
Sponsorship of team advocacy will continue. The Committee believes the concept of living conditions reviews will help the state better serve institutionalized persons.
Participation of the KIVA Advisory Board and the PAMI Advisory Board will also continue.
The Committee will also continue to review the mental health statutes to effect further changes in the commitment system. Work has begun to establish task forces on outpatient commitment, confidentiality laws and the requirements for emergency admissions. Legislation resulting from these task force efforts should be ready for debate in the 1988 session of the General Assembly.
The Committee is also planning two statewide public hearings on mental health issues to take place late in the summer of 1987.
Committee members and staff visit facilities and community programs/homes of both the Department of Mental Health and the Department of Mental Retardation. Some of the visits are arranged tours and others are unannounced visits. These visits result in first hand knowledge of how the two agencies operate their programs. The Committee has also been very active in handling constituent concerns of General Assembly members relating to mental health or mental retardation. There have also been numerous speaking engagements by members and staff across the state relating to mental health and mental retardation.
The Committee receives several publications beneficial to both staff and members. The following are available upon request:
Hospital and Community Psychiatry, State Health Reports - Mental Health & Alcoholism and Drug Abuse, Community Health Journal, New Directions, Legislative News and Views, Mental Health Reports, Bell Ringer, The Catalyst, The S.C. P&A Advocate, American Journal of Mental Deficiency, Capitol Capsule, Mental Health Law Reporter, Mental and Physical Disabilities Law Reporter, SCDMR Forum.
Received as information.
On motion of Rep. J. HARRIS, with unanimous consent, the Report was ordered printed in the Journal.
The following was received.
May 13, 1987
The Honorable Lois T. Shealy
Clerk of the South Carolina
House of Representatives (Doc. No. 751)
Dear Mrs. Shealy:
Pursuant to Act 176 of 1977, I have received on May 13, 1987 regulations concerning Procedures Before Board from the S.C. Tax Board of Review.
They are hereby referred to the Committee of Ways and Means for consideration.
Sincerely,
Robert J. Sheheen
Received as information.
Rep. P. HARRIS, from the Anderson Delegation, submitted a favorable report, on:
S. 557 -- Senator Garrison: A BILL TO CREATE A REGISTRATION AND ELECTIONS COMMISSION FOR ANDERSON COUNTY AND TO ABOLISH THE OFFICE OF COMMISSIONERS OF ELECTION AND THE REGISTRATION BOARD OF ANDERSON COUNTY AND DEVOLVE THEIR POWERS AND DUTIES UPON THE REGISTRATION AND ELECTIONS COMMISSION AND PROVIDE A TRANSITION PERIOD.
Ordered for consideration tomorrow.
On motion of Rep. COOPER, with unanimous consent, the following Bill was taken up for immediate consideration.
S. 557 -- Senator Garrison: A BILL TO CREATE A REGISTRATION AND ELECTIONS COMMISSION FOR ANDERSON COUNTY AND TO ABOLISH THE OFFICE OF COMMISSIONERS OF ELECTION AND THE REGISTRATION BOARD OF ANDERSON COUNTY AND DEVOLVE THEIR POWERS AND DUTIES UPON THE REGISTRATION AND ELECTIONS COMMISSION AND PROVIDE A TRANSITION PERIOD.
The Bill was read the second time and ordered to third reading.
On motion of Rep. COOPER, with unanimous consent, it was ordered that S. 557 be read the third time tomorrow.
Rep. McLELLAN, from the Committee on Ways and Means, submitted a favorable report, with amendments, on:
H. 2544 -- Rep. Toal: A BILL TO AMEND SECTIONS 24-23-210 AND 24-23-220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FUNDING COMMUNITY CORRECTIONS PROGRAMS AND THE VICTIM'S COMPENSATION FUND BY ADDITIONAL ASSESSMENTS TO FINES FOR CERTAIN CRIMINAL OFFENSES, SO AS TO INCREASE THE AMOUNT OF THESE ASSESSMENTS, AND PROVIDE THAT THEY MUST BE DEPOSITED ONLY IN THE VICTIM'S COMPENSATION FUND.
Ordered for consideration tomorrow.
Rep. McLELLAN, from the Committee on Ways and Means, submitted a favorable report, with amendments, on:
H. 2981 -- Reps. Edwards, Lewis, Winstead, P. Harris and McLellan: A BILL TO ESTABLISH THE STATE UNDERGROUND PETROLEUM ENVIRONMENTAL RESPONSE BANK ACT OF 1987 FOR THE PROTECTION OF THE GROUND WATERS OF THE STATE AND TO LEVY AN EXCISE TAX ON MOTOR FUELS TO PROVIDE FUNDING FOR CERTAIN CLEAN-UP FUNCTIONS.
Ordered for consideration tomorrow.
Rep. McLELLAN, from the Committee on Ways and Means, submitted a favorable report, with amendments, on:
S. 215 -- Senators Lee and Peeler: A CONCURRENT RESOLUTION TO CREATE A COMMITTEE TO STUDY THE SALARY ENTRY LEVEL FOR LAW ENFORCEMENT OFFICERS EMPLOYED BY THE STATE AND ITS POLITICAL SUBDIVISIONS WITH A VIEW TO INCREASING BEGINNING SALARIES IN ORDER TO RECRUIT COMPETENT AND DEDICATED OFFICERS.
Ordered for consideration tomorrow.
Rep. McLELLAN, from the Committee on Ways and Means, submitted a favorable report, with amendments, on:
S. 223 -- Senator McLeod: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-15-85 SO AS TO AUTHORIZE POLITICAL SUBDIVISIONS TO ISSUE REVENUE BONDS FOR PUBLIC PURPOSES PAYABLE FROM OTHER NONRELATED REVENUE-PRODUCING PROJECTS OF THE SUBDIVISION AND TO REQUIRE BONDS SO ISSUED TO REFLECT THE SOURCE OF PAYMENT.
Ordered for consideration tomorrow.
Rep. McLELLAN, from the Committee on Ways and Means, submitted a favorable report, with amendments, on:
S. 499 -- Banking and Insurance Committee: A BILL TO CREATE A HEALTH INSURANCE POOL TO INCLUDE ALL INSURERS PROVIDING HEALTH INSURANCE AND INSURANCE ARRANGEMENTS FOR HEALTH PLAN BENEFITS, AND TO EXEMPT THE POOL FROM TAXATION, ALLOW A TAX CREDIT FOR ANY ASSESSMENT PAID TO THE POOL BY A MEMBER INSURER, PROVIDE FOR THE CONTINUATION OF COVERAGE UNDER THE GROUP HEALTH PLAN, AND TO REPEAL SECTION 38-35-946 OF THE 1976 CODE RELATING TO MANDATORY CONVERSION OF GROUP HEALTH POLICY.
Ordered for consideration tomorrow.
Rep. TOAL, from the Richland Delegation, submitted a favorable report, on:
H. 2940 -- Rep. Evatt: A BILL TO PROVIDE THAT THE RICHLAND COUNTY TRUSTEES OF THE BOARD OF TRUSTEES OF LEXINGTON COUNTY SCHOOL DISTRICT NO. 5 MUST BE ELECTED IN NONPARTISAN ELECTIONS AND PROVIDE THE MANNER IN WHICH THESE TRUSTEES ARE ELECTED.
On motion of Rep. EVATT, with unanimous consent, the following Bill was taken up for immediate consideration.
H. 2940 -- Rep. Evatt: A BILL TO PROVIDE THAT THE RICHLAND COUNTY TRUSTEES OF THE BOARD OF TRUSTEES OF LEXINGTON COUNTY SCHOOL DISTRICT NO. 5 MUST BE ELECTED IN NONPARTISAN ELECTIONS AND PROVIDE THE MANNER IN WHICH THESE TRUSTEES ARE ELECTED.
The Bill was read the second time and ordered to third reading.
On motion of Rep. EVATT, with unanimous consent, it was ordered that H. 2940 be read the third time tomorrow.
The following was introduced:
H. 3137 -- Reps. Hendricks, Cooper, L. Martin and Simpson: A CONCURRENT RESOLUTION TO CONGRATULATE DR. JACK L. HUNTER, OF PICKENS COUNTY, ON BEING NAMED "OUTSTANDING STATE EMPLOYEE OF THE YEAR" BY THE SOUTH CAROLINA STATE EMPLOYEES ASSOCIATION.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
On motion of Rep. EVATT, with unanimous consent, the following was taken up for immediate consideration:
H. 3138 -- Reps. Helmly, Hendricks and Evatt: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, MAY 20, 1987, AS THE TIME FOR ELECTING MEMBERS TO THE STATE BOARD OF SOCIAL SERVICES FROM THE FIRST, THIRD, AND FIFTH CONGRESSIONAL DISTRICTS.
Be it resolved by the House of Representatives, the Senate concurring:
That the Senate and the House of Representatives meet in joint assembly in the hall of the House of Representatives at 12:00 noon on Wednesday, May 20, 1987, for the purpose of electing members to the State Board of Social Services from the First, Third, and Fifth Congressional Districts.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3139 -- Rep. Waldrop: A CONCURRENT RESOLUTION TO CONGRATULATE JAMES MOORE OF NEWBERRY UPON BEING NAMED TO RECEIVE THE SOUTH CAROLINA VOCATIONAL REHABILITATION DEPARTMENT'S 1987 CASE OF THE YEAR AWARD.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3140 -- Rep. J.H. Burriss: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE GENERAL ASSEMBLY AT THE DEATH OF MR. WALLACE W. BROCK OF LEXINGTON COUNTY AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The Senate sent to the House the following:
S. 768 -- Senator Moore: A CONCURRENT RESOLUTION TO CONGRATULATE GREG BROOKS, OF AUGUSTA, GEORGIA, ON BEING SELECTED AS THE BEST PARAMEDIC IN THE UNITED STATES BY THE NATIONAL ASSOCIATION OF EMERGENCY MEDICAL TECHNICIANS.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following was introduced:
H. 3146 -- Rep. Felder: A HOUSE RESOLUTION TO RECOGNIZE SYLVIA F. HAYNES OF FT. MOTTE IN CALHOUN COUNTY AS BEING THE ONE HUNDRED THOUSANDTH GRADUATE OF THE SPECIAL SCHOOLS FOR INDUSTRIAL TRAINING OF THE STATE BOARD FOR TECHNICAL AND COMPREHENSIVE EDUCATION AND TO INVITE MS. HAYNES TO BE THE GUEST OF THE HOUSE IN THE HALL OF THE HOUSE ON WEDNESDAY, JUNE 3, 1987, AT TWELVE O'CLOCK NOON.
The Resolution was adopted.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 3141 -- Rep. J. Bradley: A BILL TO AMEND SECTION 59-53-420, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS OF THE AREA COMMISSION FOR THE BERKELEY-CHARLESTON-DORCHESTER TECHNICAL EDUCATION CENTER, SO AS TO FURTHER PROVIDE FOR THE POWERS OF THE COMMISSION IN REGARD TO THE ACQUISITION AND USE OF REAL AND PERSONAL PROPERTY AND THE MANNER IN WHICH A MORTGAGE ON PROPERTY MUST BE EXECUTED.
Referred to Committee on Education and Public Works.
H. 3142 -- Reps. Pearce, Elliott, Thrailkill and Barfield: A BILL TO AMEND SECTION 59-53-830, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS AND DUTIES OF THE HORRY-GEORGETOWN COMMISSION FOR TECHNICAL EDUCATION, SO AS TO PROVIDE FURTHER FOR THE POWERS OF THE COMMISSION IN REGARD TO THE ACQUISITION AND USE OF REAL AND PERSONAL PROPERTY AND THE MANNER IN WHICH A MORTGAGE MUST BE EXECUTED.
Without reference.
H. 3143 -- Rep. M.D. Burriss: A BILL TO PROHIBIT A PERSON FROM SERVING ON OR RUNNING FOR ELECTION AS A MEMBER OF A SCHOOL DISTRICT BOARD OF TRUSTEES BY WHICH THE PERSON IS EMPLOYED.
Referred to Committee on Education and Public Works.
H. 3144 -- Medical, Military, Public and Municipal Affairs Committee: A BILL TO AMEND CHAPTER 63 OF TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VITAL STATISTICS, SO AS TO CLARIFY THE RESPONSIBILITIES OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL IN THE REGISTRATION AND CERTIFICATION OF VITAL RECORDS; REQUIRE EACH INSTITUTION PROVIDING NURSING, CUSTODIAL, OR DOMICILIARY CARE TO ISSUE PERMITS AND REQUIRE THE CORONER OF EACH COUNTY TO ISSUE PERMITS FOR NONINSTITUTION DEATHS; DELETE CERTAIN PENALTY PROVISIONS WHICH ARE INCORPORATED INTO OTHER PROVISIONS OF CHAPTER 63; SPECIFY RESTRICTIONS ON THE ISSUANCE OF COPIES TO AUTHORIZED ENTITIES; CLARIFY THOSE ENTITLED TO THE SHORT FORM OR BIRTH CARD AND SPECIFY WHICH CODE SECTIONS GOVERN THE ESTABLISHMENT OF PATERNITY; ADD PROVISIONS TO PREVENT THE FRAUDULENT USE OF BIRTH CERTIFICATES OF DECEASED PERSONS AND PROVIDE A MECHANISM FOR MEMBERS OF A DECEASED PERSON'S FAMILY TO OBTAIN A COPY OF THE BIRTH CERTIFICATE; ADD PROVISIONS WHICH PROVIDE FOR THE ISSUANCE OF A CERTIFIED COPY OF A DEATH CERTIFICATE ONLY TO THOSE INDIVIDUALS WITH A DIRECT AND TANGIBLE INTEREST WHILE ALLOWING ACCESS TO THE OLDER RECORDS FOR GENEALOGICAL OR OTHER PURPOSES TO THE APPLICANT; ADD PROVISIONS TO SPECIFY ENTITLEMENT TO COPIES OF MARRIAGE AND DIVORCE RECORDS FILED WITH THE DEPARTMENT; PROVIDE THAT NO DELAYED BIRTH CERTIFICATE MAY BE REGISTERED FOR A DECEASED PERSON AND DELETE PROVISIONS WHICH DUPLICATE THIS PROVISION; PROVIDE THE CORRECT REFERENCES TO COVER ALL FEES CHARGED BY THE STATE REGISTRAR FOR SEARCHING, CERTIFYING, AND AMENDING INDIVIDUAL VITAL RECORDS; PROVIDE A PROCESS FOR FILING BIRTH CERTIFICATES WITH THE BUREAU OF VITAL STATISTICS FOR FOREIGN-BORN, ALIEN CHILDREN ADOPTED IN THIS STATE; CLARIFY RECOMMENDATIONS FOR CORRECTING MISTAKES IN BIRTH AND DEATH CERTIFICATES; CLARIFY THE PROCESS OF AMENDING THE BIRTH CERTIFICATE OF A CHILD WHOSE PARENTS MARRY AFTER THE CHILD'S BIRTH; GROUP ALL PENALTIES WITHIN ONE CODE SECTION; PROVIDE A PROCESS OF FILING OR AMENDING A BIRTH CERTIFICATE WHERE PATERNITY HAS BEEN DETERMINED PURSUANT TO AN ORDER OF THE FAMILY COURT; PROVIDE A PROCESS FOR ENTERING THE FATHER'S NAME ON A BIRTH CERTIFICATE BASED UPON PATERNITY ACKNOWLEDGMENT BY THE MOTHER AND PERSON TO BE NAMED AS THE FATHER; CLARIFY THE PROVISION FOR ESTABLISHING A DELAYED BIRTH CERTIFICATE AT A COUNTY HEALTH DEPARTMENT FOR A PERSON BORN PRIOR TO 1915; AND DELETE PROVISIONS WHICH TRANSFER RECORDS FROM THE CLERKS OF COURT TO THE COUNTY HEALTH DEPARTMENTS.
Rep. HAWKINS moved to waive Rule 5.12, which was agreed to by a division vote of 69 to 0.
Without reference.
H. 3145 -- Reps. Foxworth, J. Bradley, Winstead, Mappus and Holt: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF THE LADIES BENEVOLENT SOCIETY OF THE CITY OF CHARLESTON.
Rep. WINSTEAD moved to waive Rule 5.12, which was agreed to by a division vote of 59 to 0.
On motion of Rep. WINSTEAD, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
S. 767 -- Senator Long: A BILL TO AMEND SECTION 59-53-830, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS OF THE HORRY-GEORGETOWN TECHNICAL EDUCATION COMMISSION, SO AS TO FURTHER PROVIDE FOR THE POWERS OF THE COMMISSION IN REGARD TO THE ACQUISITION AND USE OF REAL AND PERSONAL PROPERTY AND THE MANNER IN WHICH A MORTGAGE ON PROPERTY MUST BE EXECUTED.
Rep. PEARCE moved to waive Rule 5.12, which was agreed to by a division vote of 59 to 3.
On motion of Rep. PEARCE, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
On motion of Rep. PEARCE, with unanimous consent, it was ordered that S. 767 be read the second time tomorrow.
The roll call of the House of Representatives was taken resulting as follows.
Alexander, M.O. Altman Arthur Aydlette Bailey, G. Baker Barfield Baxley Beasley Blackwell Blanding Boan Bradley, J. Bradley, P. Brown, G. Brown, H. Brown, J. Brown, R. Burriss, J.H. Carnell Clyborne Cooper Cork Dangerfield Davenport Day Derrick Elliott Evatt Faber Fair Felder Ferguson Foxworth Gilbert Gordon Harris, J. Harris, P. Harvin Haskins Hawkins Hayes Hearn Helmly Hendricks Hodges Holt Huff Johnson, J.C. Johnson, J.W. Jones Kay Kirsh Klapman Lewis Lockemy Mappus Martin, D. Martin, L. Mattos McAbee McBride McCain McEachin McElveen McGinnis McKay McLellan McLeod, E.B. McLeod, J.W. McTeer Moss Nesbitt Nettles Ogburn Pearce Pettigrew Petty Phillips, L. Phillips, O. Rhoad Rice Rogers, J. Rogers, T. Rudnick Sharpe Sheheen Shelton Stoddard Sturkie Taylor Thrailkill Toal Townsend Tucker Waldrop Washington Wells Whipper White Wilder Wilkins Williams Winstead
I came in after the roll call and was present for the Session on Thursday, May 14, 1987.
Roland S. Corning T.M. Burriss John J. Snow, Jr. Samuel R. Foster Thomas C. Alexander Jack Gregory L. Edward Bennett Denny W. Neilson Ken Bailey Mickey Burriss Larry Gentry Tom Limehouse T.W. Edwards Robert A. Kohn Paul Short Larry Koon
STATEMENT OF ATTENDANCE
Reps. FELDER, BENNETT, LOCKEMY and McABEE signed a statement with the Clerk that they came in after the roll call of the House and were present for the Session on Wednesday, May 13, 1987.
The SPEAKER granted Rep. CHAMBLEE a leave of absence for the day to attend a Medical University Board of Trustees meeting.
The SPEAKER granted Rep. McGINNIS a leave of absence for the remainder of the day to attend National Guard Training.
Announcement was made that Elizabeth R. Baker of Columbia, is the Doctor of the Day for the General Assembly.
The following Bills were read the third time, passed and, having received three readings in both Houses, it was ordered that the title of each be changed to that of an Act, and that they be enrolled for Ratification.
S. 754 -- Senator Powell: A BILL TO PROVIDE THAT THE TERMS OF ALL SCHOOL TRUSTEES IN ABBEVILLE COUNTY MUST COMMENCE ON THE FIRST DAY OF JULY FOLLOWING THE TRUSTEES' ELECTION RATHER THAN THE TIME SPECIFIED IN SECTION 59-19-315 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976.
S. 361 -- Senator Bryan: A BILL TO AMEND SECTION 15-78-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PURCHASE OF INSURANCE BY GOVERNMENTAL ENTITIES PURSUANT TO THE SOUTH CAROLINA TORT CLAIMS ACT, SO AS TO PROVIDE THAT A POLITICAL SUBDIVISION OF THIS STATE MAY PROCURE ITS TORT, AUTOMOBILE, PROPERTY, OR CASUALTY INSURANCE, OR ANY CONTINUATION THEREOF, FROM THE STATE BUDGET AND CONTROL BOARD; AND TO AMEND SECTION 15-78-150, AS AMENDED, RELATING TO THE PURCHASE OF LIABILITY INSURANCE BY THE BUDGET AND CONTROL BOARD, SO AS TO PROVIDE THAT THE BOARD IN SETTING INSURANCE PREMIUMS FOR GOVERNMENTAL ENTITIES SHALL RATE EACH PARTICIPATING EMPLOYEE OF THE GOVERNMENTAL ENTITY ACCORDING TO THE RISK INVOLVED WITH THAT PARTICIPANT.
S. 650 -- Senators Nell W. Smith, Hayes, Moore, Mitchell, Bryan, Lindsay, Thomas E. Smith, Jr, Holland, Shealy, Martin, Dennis, Williams, Land, Patterson, Pope, Courson, McGill, Powell, Giese, Macaulay, Lourie, Doar, J. Verne Smith, Garrison, Horace C. Smith, Waddell, McConnell, Peeler, Hinson, Lee, Saleeby, Applegate, Stilwell, Matthews, Setzler, Drummond, Wilson, Thomas and Branton: A BILL TO AMEND CHAPTER 7, ARTICLE 9, TITLE 20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISPOSITIONAL POWERS OF THE FAMILY COURT, BY ADDING SECTION 20-7-1335 SO AS TO ALLOW A FIRST TIME NONVIOLENT JUVENILE OFFENDER TO PETITION THE FAMILY COURT FOR THE DESTRUCTION OF HIS JUVENILE RECORD UNDER CERTAIN CONDITIONS.
S. 671 -- Senator Thomas E. Smith, Jr.: A BILL TO AMEND CHAPTER 11, TITLE 21, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FIDUCIARIES GENERALLY, BY ADDING SECTION 21-11-5 SO AS TO PROTECT BENEFICIARIES FROM CONFLICTS OF INTERESTS OF TRUSTEES THAT MAY ARISE IF TRUSTEES PARTICIPATE IN DECISIONS TO MAKE DISCRETIONARY DISTRIBUTIONS OF INCOME OR PRINCIPAL TO THEMSELVES WHEN THERE ARE OTHER BENEFICIARIES, AND TO PROTECT THEMSELVES WHEN MAKING DISCRETIONARY ALLOCATIONS IN THEIR FAVOR OF RECEIPTS AND EXPENSES BETWEEN INCOME AND PRINCIPAL.
Rep. KIRSH, with unanimous consent, arose to a point of personal privilege.
The following Bills were taken up, read the third time, and ordered sent to the Senate.
H. 2368 -- Reps. Sheheen, Barfield, Boan, Elliott, Hayes, Huff, J.W. Johnson, Keyserling, Lewis, D. Martin, Pearce, J. Rogers, Sharpe, Shelton, Snow, Taylor, Toal, McLellan, Short, Gentry, Evatt, McGinnis, Hodges, M.O. Alexander, T. Rogers, O. Phillips, McEachin, H. Brown, J.W. McLeod, Gregory, Klapman, Nesbitt, Helmly, Baxley, McCain, Wilder and Felder: A BILL TO ENACT THE LOCAL GOVERNMENT FINANCE ACT AUTHORIZING COUNTIES TO LEVY, WITHIN LIMITS, LOCAL SALES AND USE TAXES; TO ALLOW COUNTIES AND MUNICIPALITIES TO LEVY, WITHIN LIMITS, LOCAL INCOME TAXES OR LOCAL OPTION OCCUPATIONAL TAXES, LOCAL MOTOR VEHICLE LICENSE TAXES, LOCAL ADMISSIONS TAXES; TO REQUIRE THAT AN ADVISORY REFERENDUM MUST BE CONDUCTED PRIOR TO THE IMPLEMENTATION BY THE COUNTY OF THE LOCAL OPTION SALES AND USE TAX; TO AMEND SECTION 12-21 -2720, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LICENSE CHARGES FOR COIN-OPERATED DEVICES, SO AS TO AUTHORIZE MUNICIPALITIES AND COUNTIES TO LEVY A LOCAL OPTION COIN-OPERATED DEVICE TAX; AND TO REPEAL SECTIONS 56-3-430 AND 56-3-440 RELATING TO PROHIBITING MUNICIPALITIES WITH POPULATIONS BETWEEN FIFTY-FIVE THOUSAND AND SEVENTY THOUSAND FROM CHARGING INSPECTION OR REGISTRATION FEES, AND THE AUTHORITY OF MUNICIPALITIES WITH POPULATIONS OF SEVENTY THOUSAND OR MORE TO REQUIRE REGISTRATION OF MOTOR VEHICLES.
H. 2444 -- Rep. McLellan: A BILL TO AMEND SECTION 40-75-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALIFICATIONS FOR LICENSURE, AND RELATED MATTERS, UNDER THE PROFESSIONAL COUNSELOR, ASSOCIATE COUNSELOR, AND MARITAL AND FAMILY THERAPIST LICENSING ACT, SO AS TO PROVIDE THAT, FOLLOWING THE RECEIPT OF A QUALIFYING DEGREE, APPLICANTS FOR THE LICENSE OF "LICENSED MARITAL AND FAMILY THERAPIST" SHALL, IN ADDITION TO OTHER QUALIFICATIONS, HAVE HAD TWO YEARS OF FULL-TIME WORK EXPERIENCE WHICH INCLUDES TWO HUNDRED HOURS OF SUPERVISION OF WHICH ONE HUNDRED HOURS MUST HAVE BEEN INDIVIDUAL SUPERVISION IN THE PRACTICE OF MARITAL AND FAMILY THERAPY; AND TO AMEND SECTION 40-75-100, RELATING TO THE ISSUANCE OF A LICENSE UNDER THE SAME ACT, SO AS TO PROVIDE THAT THE ADMINISTERING BOARD SHALL ISSUE A LICENSE TO ANY QUALIFIED APPLICANT WHO, AMONG OTHER THINGS, PASSES A BOARD-APPROVED, RATHER THAN A BOARD-CONDUCTED, EXAMINATION.
H. 2966 -- Rep. J.C. Johnson: A BILL TO AMEND SECTION 27-31-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONTENTS OF THE MASTER DEED OR LEASE IN A HORIZONTAL PROPERTY REGIME, SO AS TO ADD A NEW REQUIREMENT THAT ANY RESTRICTION OR LIMITATION ON THE LEASE OF A UNIT MUST BE IN THE MASTER DEED OR LEASE.
H. 3009 -- Rep. Toal: A BILL TO AMEND SECTION 57-9-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ABANDONMENT OR CLOSING OF STREETS, ROADS, OR HIGHWAYS, SO AS TO PROVIDE THAT WHEN A STREET, ROAD OR HIGHWAY IS ABANDONED OR CLOSED THE PERSON IN WHOM TITLE IS VESTED SHALL PAY AN AMOUNT TO BE DETERMINED BY A COURT OF COMPETENT JURISDICTION AND THAT THE AMOUNT SO PAID BE DEPOSITED WITH THE TREASURER OF THE COUNTY WHERE THE PROPERTY IS LOCATED.
H. 2588 -- Rep. J. Bradley: A BILL TO AMEND ARTICLE 1, CHAPTER 9, TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONDUCT OF INSURANCE BUSINESS, BY ADDING SECTION 38-9-385 SO AS TO PROVIDE THAT EFFECTIVE JULY 1, 1988, ALL INSURANCE ADJUSTERS MUST BE LICENSED BY THE DEPARTMENT OF INSURANCE, TO PROVIDE THE QUALIFICATIONS FOR LICENSURE INCLUDING PASSAGE OF AN EXAMINATION AND THE REQUIRED FEES THEREFOR, TO PROVIDE THAT THE EXAMINATIONS DEVELOPED BY THE DEPARTMENT OF INSURANCE FOR THIS PURPOSE MUST BE SUBMITTED TO THE APPROPRIATE STANDING COMMITTEES OF EACH HOUSE OF THE GENERAL ASSEMBLY FOR COMMENT AND REVIEW PRIOR TO USE, AND TO PROVIDE PENALTIES FOR VIOLATIONS.
Yesterday, I was inadvertently recorded as voting in favor of H. 2368 on second reading. I would like for the records to reflect that I oppose this legislation and wish to be recorded as voting "no."
Rep. TEE FERGUSON
The following Joint Resolution was taken up.
H. 2715 -- Rep. Hodges: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 3 OF ARTICLE XVII OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO DIVORCES, SO AS TO ADD CONTINUOUS SEPARATION BECAUSE OF INCURABLE INSANITY FOR A PERIOD OF THREE YEARS AS A GROUND FOR DIVORCE.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. It is proposed that Section 3 of Article XVII of the Constitution of this State be amended to read:
"Section 3. Divorces from the bonds of matrimony shall be allowed on the grounds of adultery, desertion, physical cruelty, continuous separation for a period of at least one year, continuous separation because of incurable insanity for a period of three years, or habitual drunkenness."
SECTION 2. The proposed amendment must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:
"Shall Section 3 of Article XVII of this State be amended so as to add continuous separation because of incurable insanity for a period of three years as a ground for divorce?
Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes' and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."
The question then recurred to the passage of the Joint Resolution.
Pursuant to the provisions of the Constitution the yeas and nays were taken on the passage of the Joint Resolution, resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Altman Arthur Bailey, G. Bailey, K. Baker Baxley Beasley Bennett Blackwell Blanding Boan Brown, G. Brown, H. Brown, J. Brown, R. Burriss, J.H. Burriss, T.M. Carnell Clyborne Cooper Cork Corning Dangerfield Davenport Day Derrick Evatt Faber Fair Felder Ferguson Foster Foxworth Gilbert Gordon Harris, J. Harris, P. Harvin Haskins Hawkins Hayes Hearn Helmly Hendricks Hodges Huff Johnson, J.C. Jones Kay Keyserling Kirsh Klapman Lewis Lockemy Martin, L. Mattos McAbee McBride McCain McEachin McElveen McGinnis McKay McLellan McLeod, E.B. McLeod, J.W. McTeer Moss Nesbitt Nettles Pearce Pettigrew Petty Phillips, L. Phillips, O. Rhoad Rice Rogers, J. Rogers, T. Rudnick Sharpe Sheheen Shelton Snow Taylor Thrailkill Toal Tucker Waldrop Washington Wells Whipper White Wilder Wilkins Williams Winstead
Those who voted in the negative are:
Holt Martin, D.
So, the Joint Resolution having received the necessary two-thirds vote was read the third time and ordered sent to the Senate.
The following Bill was taken up, read the third time, and ordered returned to the Senate with amendments.
S. 604 -- Senators Pope, Lee, Giese, Horace C. Smith, Holland, Hinson and J. Verne Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 5-25-60 SO AS TO PROVIDE THAT NO MEMBER OF A FIRE DEPARTMENT IS CONSIDERED TO BE A DUAL OFFICEHOLDER, BY VIRTUE OF SERVING AS A MEMBER, FOR THE PURPOSES OF THE CONSTITUTION.
Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 1.
H. 2593 -- Reps. M.D. Burriss, Hearn and Pearce: A BILL TO AMEND ACT 430 OF 1986, RELATING TO CERTAIN EXEMPTIONS FROM THE PROVISIONS OF THE FIRE PROTECTION SPRINKLER SYSTEMS ACT, SO AS TO PROVIDE THAT THIS FIRE PROTECTION SPRINKLER SYSTEMS ACT DOES NOT APPLY TO LICENSED PLUMBING CONTRACTORS INSTALLING STANDPIPES AND RELATED BRANCH LINES TO FIRE HOSE CABINETS OR TO LICENSED UTILITY CONTRACTORS INSTALLING UNDERGROUND WATER MAINS, HYDRANT MAINS, AND FIRE HYDRANTS WITHIN FIVE FEET OF THE BUILDING EXTERIOR.
Reps. FAIR, DAY, FERGUSON and OGBURN objected to the Bill.
Rep. KLAPMAN moved to adjourn debate upon the following Joint Resolution until Wednesday, May 20, which was adopted.
H. 2930 -- Rep. McLellan: A JOINT RESOLUTION TO CONTINUE THE APPLICABLE PROVISIONS AND APPROPRIATIONS OF ACT 540 OF 1986 FOR A CERTAIN PERIOD.
Further proceedings were interrupted by the House Assembly.
The Reading Clerk of the House read the following House Resolution:
H. 3109 -- Rep. Gilbert: A HOUSE RESOLUTION TO DESIGNATE THURSDAY, MAY 14, 1987, AS "BOYS' CLUB DAY" IN SOUTH CAROLINA AND TO INVITE ALL CONTESTANTS FOR THE YOUTH OF THE YEAR AWARD AND THEIR CLUB DIRECTORS TO ATTEND A SESSION OF THE HOUSE OF REPRESENTATIVES IN THE HALL OF THE HOUSE AT 10:30 ON THURSDAY, MAY 14, 1987, SO THAT THE HOUSE MEMBERS MAY RECOGNIZE AND COMMEND THE CONTESTANTS, THEIR CLUB DIRECTORS, AND THE RECIPIENT OF THE SOUTH CAROLINA BOYS' CLUB YOUTH OF THE YEAR AWARD.
The S.C. Boys' Club Youth of the Year Award Recipient, Contestants, and Club Directors and distinguished party were escorted to the rostrum by Reps. TOAL, GILBERT, BLANDING and TUCKER. Rep. GILBERT introduced the honored guests as follows:
Rep. Gilbert:
"Thank you very much. Mr. Speaker, ladies and gentlemen of the House, each year at this time, we recognize the youth of the various Boys Clubs of America throughout South Carolina who are participating in the Youth of the Year program. This is a very prestigious award, as you can see from the Resolution. These boys start at the club level, and as has been indicated, they are selected on the basis of their participation of the Boys Clubs, their leadership abilities that have been developed, they must overcome some obstacle in their lives, and they must improve. These are outstanding young men. They also must write an essay, as has been indicated, on what the Boys Club of America means to me. We have the following persons who are participants, as well as their staff directors. From Anderson County, we have the Youth of the Year, James Douglas Rumsey and the staff member, Derrell Clark. From Beaufort, we have Delvanno Black, who is the Youth of the Year, and Zachery Byerson, and the staff person is Angela Washington. From Charleston, we have Sinclair Joe, who is the Youth of the Year, and staff person, Thomas White. From Columbia, we have Edward Davis and Taliefaro Hodge and staff person, James Brown. From Sumter we have Lamont Williams and staff persons, Greg Turner and Jerry Taylor. We also have present with us, Mr. David Roark, who is the Southeast Regional Director of Boys Clubs of America.
Let me say here that the person who is named, and the Governor will recognize that individual in the Conference Room at 1:00 p.m. today, the individual who is named as Youth of the Year will participate on the regional level. That individual who is successful there will receive a $500 scholarship from Reader's Digest, and then he will go on and participate on the national level, and will receive a $4,500 scholarship, making a total of a $5,000 scholarship. We are hoping that we will be able to name an individual from South Carolina on the national level. This is the fourth decade of this activity on the national level, and it is our fifth. We are very proud of what we have done in the last several years, and since then, we have organized a South Carolina Area Council, which serve as president, or chairman, of the South Carolina Area Council. We are very fortunate to have the caliber of young men that we have today, that we are so honoring. I ask that you give them a round of applause."
Speaker Sheheen:
"On behalf of the House, I'd like to express our appreciation to you in your capacity of leadership here and with the Boys Club Council. To those of you who have been chosen from the Boys Club and the staff, we're proud to be able to join in your celebration today and appreciate you letting us play a part in that. Congratulations to each and every one of you, not only for today, but for the continuing work that you do with the boys in America."
Upon the conclusion of the presentation, the honored guests and their escort party retired from the Chamber.
The following Bill was taken up.
H. 2391 -- Reps. Pearce, Thrailkill, Washington, Harvin and Whipper: A BILL TO REPEAL ITEM (34) OF SECTION 12-35-550, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXEMPTION FROM THE SALES TAX OF THE GROSS PROCEEDS FROM THE SALE OR RESALE OF ANY VACATION TIME SHARING LEASE PLAN AS PROVIDED BY CHAPTER 32 OF TITLE 27.
Rep. KIRSH moved to commit the Bill to the Committee on Ways and Means.
Rep. DANGERFIELD moved to table the motion and demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Altman Arthur Bailey, G. Bailey, K. Barfield Beasley Bennett Boan Brown, J. Brown, R. Burriss, J.H. Burriss, M.D. Burriss, T.M Carnell Cooper Cork Dangerfield Derrick Evatt Faber Felder Ferguson Foxworth Harvin Haskins Hearn Hodges Huff Jones Kay Mappus Martin, L. McAbee McBride McCain Neilson Nettles Ogburn Pearce Petty Rogers, J. Rudnick Sharpe Sheheen Taylor Thrailkill Toal Whipper White Wilder
Those who voted in the negative are:
Baker Blackwell Clyborne Davenport Foster Gilbert Gregory Harris, J. Hayes Hendricks Holt Keyserling Kirsh Klapman Lockemy Mattos McEachin McTeer Moss Nesbitt Pettigrew Phillips, L. Phillips, O. Rhoad Rice Shelton Snow Stoddard Waldrop Washington
So, the motion to table was agreed to.
Reps. KIRSH, BLACKWELL and KLAPMAN objected to the Bill.
The following was introduced:
H. 3147 -- Rules Committee: A HOUSE RESOLUTION TO SET BY SPECIAL ORDER S. 739, RELATING TO THE SAVANNAH RIVER PLANT REACTOR FOR CONSIDERATION ON MAY 14, 1987 AT 11:00 A.M.
Be it resolved by the House of Representatives:
That S. 739 be set by special order for consideration on May 14, 1987 at 11:00 a.m.
Rep. TOAL explained the House Resolution.
The Resolution was then adopted.
The following Bill was taken up.
H. 2632 -- Reps. Ogburn, J.W. McLeod, G. Bailey, J. Harris, Boan, M.O. Alexander, Ferguson, Beasley, Lockemy, Neilson and J. Bradley: A BILL TO AMEND SECTION 38-37-790, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GOVERNING BOARD OF THE SOUTH CAROLINA REINSURANCE FACILITY, SO AS TO PROVIDE THAT ALL THE MEMBERS OF THE GOVERNING BOARD MUST BE RESIDENTS OF SOUTH CAROLINA.
The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc. No. 6115k), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
SECTION 1. The first paragraph of Section 38-37-790 of the 1976 Code is amended to read:
"The operations and affairs of the Facility shall be are under the direction and control of a governing board of fifteen seventeen persons of whom three shall must be residents of South Carolina appointed by the Governor of South Carolina to represent consumers. The Commissioner shall appoint eight persons to represent the insurance industry; in appointing such these persons, the Commissioner shall select two persons from a list of not less than five persons nominated by the American Insurance Association from the officers or employees of insurers which are licensed in South Carolina and which are members or subscribers of that organization; he shall select two persons from a list of not less than five persons nominated by the American Mutual Insurance Alliance from the officers or employees of insurers which are licensed in South Carolina and which are members or subscribers of that organization; he shall select two persons from a list of not less than five persons nominated by the National Association of Independent Insurers from the officers or employees of insurers which are licensed in South Carolina and which are members or subscribers of that organization; he shall select two persons, one of whom shall must be an officer or employee of a stock insurer licensed in South Carolina and not a member or subscriber of any of the said organizations, and one of whom shall must be an officer or employee of a nonstock insurer licensed in South Carolina and not a member or subscriber of any of the said organizations; provided, however, that of the eight persons appointed to represent the insurance industry, not less than five shall must be citizens residents of South Carolina and those who are not residents of South Carolina must have job responsibilities that include the supervision over South Carolina operations; not less than two shall must be officers or employees of insurers licensed to transact automobile insurance in South Carolina and domiciled therein. The Commissioner shall appoint four persons to represent producers, all of whom must be residents of South Carolina; he shall select two such persons from a list of not less than five persons nominated by the stock agents' association and two persons from a list of not less than five persons nominated by the mutual agents' association. The Commissioner shall appoint two persons to represent the designated agents, both of whom must be residents of South Carolina."
SECTION 2. This act takes effect upon approval by the Governor.
Amend title to conform.
Rep. J. BRADLEY explained the amendment.
The amendment was then adopted.
Rep. J. ROGERS proposed the following Amendment No. 2, which was ruled out of order.
Amend as and if amended, by adding a new Section as follows:
Financial Institutions shall be permitted to enter the reinsurance market subject to such regulations as may be promulgated by the Chief Insurance Commissioner of South Carolina.
Rep. J. ROGERS explained the amendment.
Rep. OGBURN raised the Point of Order that Amendment No. 2 was out of order as it was not germane to the Bill.
Rep. J. ROGERS argued contra the Point.
The SPEAKER sustained the Point of Order and ruled the amendment out of order.
Rep. J. ROGERS spoke upon the Bill.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bills were taken up, read the second time, and ordered to a third reading:
H. 2656 -- Rep. Kohn: A BILL TO AMEND ARTICLE 1, CHAPTER 9 OF TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONDUCT OF INSURANCE BUSINESS BY ADDING SECTION 38-9-395 SO AS TO PROVIDE THAT WHEN AN INSURER PLACES AN INSURED'S WORKERS' COMPENSATION INSURANCE IN THE ASSIGNED RISK PLAN, THE INSURER SHALL NOTIFY THE DEPARTMENT OF INSURANCE OF THE NAME AND ADDRESS OF THIS INSURED, AND TO PROVIDE THAT THIS INFORMATION MUST BE MAINTAINED BY THE DEPARTMENT OF INSURANCE AND MADE AVAILABLE FOR PUBLIC INSPECTION.
Rep. J. BRADLEY explained the Bill.
H. 2836 -- Rep. J. Bradley: A BILL TO AMEND ARTICLE 7, CHAPTER 9, TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CANCELLATION AND NONRENEWAL OF PROPERTY INSURANCE AND CASUALTY INSURANCE, BY ADDING SECTION 38-9-890 SO AS TO PROVIDE THAT NO INSURER MAY NONRENEW A POLICY OF HOMEOWNERS INSURANCE BECAUSE THE INSURED HAS FILED A CLAIM WITH THAT INSURER FOR DAMAGES RESULTING FROM AN ACT OF GOD, INCLUDING, BUT NOT LIMITED TO, HAIL, WIND, OR LIGHTNING, OR FOR A FIRE NOT ATTRIBUTABLE TO THE INSURED, AND TO PROVIDE THAT NO INSURER WHICH OFFERS A COMBINATION HOMEOWNERS AND AUTOMOBILE INSURANCE POLICY MAY NONRENEW THIS POLICY FOR OTHER THAN THE REASONS PRESCRIBED IN SECTION 38-37-310.
H. 2856 -- Reps. J. Bradley, Ogburn, Holt, Huff, Aydlette, Rudnick, Neilson, Davenport, Moss and Day: A BILL TO AMEND ARTICLE 5, CHAPTER 37, TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RISK CLASSIFICATION PLANS AND CERTAIN INSURERS BEING REQUIRED TO WRITE AUTOMOBILE INSURANCE, BY ADDING SECTION 38-37-315 SO AS TO PROVIDE THAT THE AUTHORIZED AGENTS FOR THESE INSURERS SHALL POST IN THEIR OFFICE OR PLACE OF BUSINESS A SIGN CONTAINING LANGUAGE THAT STIPULATES THAT INSURER AND AGENT MAY NOT REFUSE TO WRITE OR RENEW THAT TYPE OF INSURANCE, THAT TACTICS DESIGNED TO AVOID WRITING OR RENEWING THAT TYPE OF INSURANCE ARE NOT PERMISSIBLE INCLUDING UNREASONABLE DELAYS IN MEETING WITH APPLICANTS, AND THAT VIOLATIONS OF THE ABOVE SHOULD BE REPORTED TO THE CHIEF INSURANCE COMMISSIONER FOR APPROPRIATE ACTION.
S. 321 -- Banking and Insurance Committee: A BILL TO AMEND TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE, SO AS TO, AMONG OTHER THINGS, RESTRUCTURE THE CONTENTS OF THE TITLE, REARRANGE AND RECODIFY THE PROVISIONS OF LAW IN THIS STATE CONCERNING INSURANCE MATTERS, AND PLACE IN TITLE 38 VARIOUS INSURANCE PROVISIONS HERETOFORE CODIFIED IN OTHER TITLES OF THE CODE OF LAWS OR UNCODIFIED; TO AMEND SECTION 15-9-280, RELATING TO CIVIL REMEDIES AND PROCEDURES AND SERVICE ON UNAUTHORIZED INSURER, SO AS TO, AMONG OTHER THINGS, PROVIDE THAT ANY ACT OF TRANSACTING AN INSURANCE BUSINESS AS SET FORTH IN SECTION 38-25-110 BY AN UNAUTHORIZED INSURER IS EQUIVALENT TO AND CONSTITUTES AN IRREVOCABLE APPOINTMENT BY THE INSURER OF THE SECRETARY OF STATE TO BE THE TRUE AND LAWFUL ATTORNEY OF THE INSURER UPON WHOM MAY BE SERVED ALL LAWFUL PROCESS IN ANY ACTION, SUIT, OR PROCEEDING IN ANY COURT BY THE CHIEF INSURANCE COMMISSIONER OR BY THE STATE AND UPON WHOM MAY BE SERVED ANY NOTICE, ORDER, PLEADING, OR PROCESS IN ANY PROCEEDING BEFORE THE CHIEF INSURANCE COMMISSIONER AND WHICH ARISES OUT OF TRANSACTING AN INSURANCE BUSINESS IN THIS STATE BY THE INSURER, PROVIDE FOR THE MAKING OF SERVICE OF PROCESS, AND IMPOSE DUTIES ON THE SECRETARY OF STATE; TO AMEND ARTICLE 3 OF CHAPTER 9 OF TITLE 15, RELATING TO CIVIL REMEDIES AND PROCEDURES AND PERSONAL OR SUBSTITUTE SERVICE IN THE STATE, BY ADDING SECTION 15-9-285 SO AS TO, AMONG OTHER THINGS, PROVIDE THAT THE ISSUANCE AND DELIVERY OF A POLICY OF INSURANCE OR CONTRACT OF INSURANCE OR INDEMNITY TO ANY PERSON IN THIS STATE OR THE COLLECTION OF A PREMIUM THEREON BY AN INSURER NOT LICENSED IN THIS STATE IRREVOCABLY CONSTITUTES THE CHIEF INSURANCE COMMISSIONER THE TRUE AND LAWFUL ATTORNEY IN FACT UPON WHOM SERVICE OF ANY AND ALL PROCESSES, PLEADINGS, ACTIONS, OR SUITS ARISING OUT OF THE POLICY OR CONTRACT IN BEHALF OF THE INSURED MAY BE MADE, PROVIDE FOR THE MAKING OF SERVICE OF PROCESS IN THE ACTION, AND IMPOSE DUTIES UPON THE CHIEF INSURANCE COMMISSIONER; TO AMEND SECTION 15-9-290, RELATING TO CIVIL REMEDIES AND PROCEDURES AND ALTERNATIVE METHOD OF SERVICE ON UNAUTHORIZED INSURER, SO AS TO, AMONG OTHER THINGS, PROVIDE THAT SERVICE OF PROCESS IN ANY ACTION, SUIT, OR PROCEEDING INVOLVING AN UNAUTHORIZED INSURER IS, IN ADDITION TO THAT WHICH IS PROVIDED IN SECTION 15-9-280 AND SECTION 15-9-285, VALID UNDER CERTAIN CONDITIONS; TO AMEND CHAPTER 9 OF TITLE 23, RELATING TO THE STATE FIRE MARSHAL, BY ADDING ARTICLE 3 SO AS TO PROVIDE FOR A FIREMEN'S INSURANCE AND INSPECTION FUND; TO AMEND TITLE 39, RELATING TO TRADE AND COMMERCE, BY ADDING CHAPTER 61 SO AS TO ENACT THE "MOTOR CLUB SERVICES ACT"; TO AMEND SECTION 56-9-480, RELATING TO MOTOR VEHICLES, PROOF OF FINANCIAL RESPONSIBILITY, SATISFACTION OF JUDGMENTS, AND PAYMENTS SUFFICIENT TO SATISFY REQUIREMENTS, SO AS TO PROVIDE THAT JUDGMENTS REFERRED TO IN ARTICLE 5 OF CHAPTER 9 OF TITLE 56 MUST, FOR THE PURPOSE OF THIS ARTICLE ONLY, BE CONSIDERED SATISFIED WHEN FIFTEEN, RATHER THAN TEN, THOUSAND DOLLARS HAS BEEN CREDITED UPON ANY JUDGMENT RENDERED IN EXCESS OF THAT AMOUNT BECAUSE OF BODILY INJURY TO OR DEATH OF ONE PERSON AS THE RESULT OF ANY ONE ACCIDENT AND WHEN, SUBJECT TO THE LIMIT OF FIFTEEN, RATHER THAN TEN, THOUSAND DOLLARS BECAUSE OF BODILY INJURY TO OR DEATH OF ONE PERSON, THE SUM OF THIRTY, RATHER THAN TWENTY, THOUSAND DOLLARS HAS BEEN CREDITED UPON ANY JUDGMENTS RENDERED IN EXCESS OF THAT AMOUNT BECAUSE OF BODILY INJURY TO OR DEATH OF TWO OR MORE PERSONS AS THE RESULT OF ANY ONE ACCIDENT; TO AMEND SECTION 56-9-580, RELATING TO MOTOR VEHICLES, CERTIFICATE OF DEPOSIT OF CASH OR SECURITIES AS PROOF OF FINANCIAL RESPONSIBILITY, AMOUNT, AND THE REQUIREMENT THAT THE DEPOSIT MUST BE HELD TO SATISFY EXECUTION ON A JUDGMENT, SO AS TO PROVIDE THAT PROOF OF FINANCIAL RESPONSIBILITY MAY BE EVIDENCED BY THE CERTIFICATE OF THE STATE TREASURER THAT THE PERSON NAMED THEREIN HAS DEPOSITED WITH HIM THIRTY-FIVE, RATHER THAN THIRTY-SIX, THOUSAND DOLLARS IN CASH OR SECURITIES SUCH AS MAY LEGALLY BE PURCHASED BY SAVINGS BANKS OR FOR TRUST FUNDS OF A MARKET VALUE OF THIRTY-FIVE, RATHER THAN THIRTY-SIX, THOUSAND DOLLARS; TO AMEND TITLE 56, RELATING TO MOTOR VEHICLES, BY ADDING CHAPTER 10 SO AS TO PROVIDE FOR MOTOR VEHICLE REGISTRATION AND FINANCIAL SECURITY, INCLUDING, AMONG OTHER THINGS, PROVISIONS INVOLVING INSURANCE REQUIREMENTS RELATING TO MOTOR VEHICLE REGISTRATION; TO AMEND SECTION 33-31-10, RELATING TO THE AUTHORIZATION TO INCORPORATE NONPROFIT CORPORATIONS, SO AS TO PROVIDE THAT MUTUAL BENEVOLENT AID ASSOCIATIONS ORGANIZED SOLELY FOR THE PURPOSES DEFINED IN SECTION 38-35-10, RATHER THAN SECTION 38-23-10, MAY BE INCORPORATED UNDER THE PROVISIONS OF CHAPTER 31 OF TITLE 33; TO AMEND SECTION 23-9-20, RELATING TO DUTIES OF THE STATE FIRE MARSHAL, SO AS TO DELETE CERTAIN LANGUAGE CONCERNING THE TRANSFER TO THE STATE FIRE MARSHAL OF POWERS AND DUTIES VESTED IN THE CHIEF INSURANCE COMMISSIONER PURSUANT TO CERTAIN CODE SECTIONS; TO AMEND SECTION 23-9-30, AS AMENDED, RELATING TO RESIDENT FIRE MARSHALS, SO AS TO DELETE A REFERENCE TO CHAPTER 57 OF TITLE 38- TO AMEND SECTION 15-9-300, RELATING TO CIVIL REMEDIES AND PROCEDURES AND SERVICE ON UNAUTHORIZED INSURER, SO AS TO ADD A REFERENCE TO SECTION 15-9-285 AND DELETE A REFERENCE TO SECTION 38-53-50; TO AMEND SECTION 15-9-310, RELATING TO CIVIL REMEDIES AND PROCEDURES AND SERVICE ON ATTORNEY OF RECIPROCAL INSURANCE SUBSCRIBERS, SO AS TO DELETE REFERENCES TO CERTAIN CODE SECTIONS AND ADD REFERENCES TO OTHER CODE SECTIONS; TO AMEND SECTION 15-9-270, RELATING TO CIVIL REMEDIES AND PROCEDURES AND SERVICE ON INSURANCE COMPANIES, SO AS TO DELETE CERTAIN LANGUAGE, INCLUDING REFERENCES TO CERTAIN CODE SECTIONS, AND ADD A REFERENCE TO SECTION 38-5-70; TO AMEND SECTION 56-9-30, RELATING TO THE PROVISION THAT CHAPTER 9 OF TITLE 56 IS INAPPLICABLE TO CERTAIN MOTOR VEHICLES, SO AS TO DELETE AN EXCEPTION RELATED TO ARTICLE 7 OF CHAPTER 9 OF TITLE 56; TO AMEND SECTION 56-1-110, RELATING TO MOTOR VEHICLES AND IMPUTED LIABILITY OF PERSON SIGNING APPLICATION FOR DAMAGES CAUSED BY UNINSURED MINOR, SO AS TO ADD A REFERENCE TO SECTIONS 38-77-140 THROUGH 38-77-310 AS A BASIS FOR EXEMPTING A PARENT OR GUARDIAN OR OTHER RESPONSIBLE ADULT FROM THE LIABILITY OTHERWISE IMPOSED UNDER SECTION 56-1-110; TO AMEND SECTION 56-9-20, AS AMENDED, RELATING TO DEFINITIONS UNDER THE MOTOR VEHICLE FINANCIAL RESPONSIBILITY ACT, SO AS TO ALTER THE DEFINITIONS OF "INSURED MOTOR VEHICLE" "MOTOR VEHICLE LIABILITY POLICY", "PROOF OF FINANCIAL RESPONSIBILITY", AND "UNINSURED MOTOR VEHICLE" PRINCIPALLY BY DELETING REFERENCES TO CERTAIN PROVISIONS OR SECTIONS OF THE CODE OF LAWS AND ADDING REFERENCES TO DIFFERENT CODE SECTIONS; TO AUTHORIZE AND DIRECT THE CODE COMMISSIONER TO PLACE APPROPRIATE PROVISIONS OF ACTS DEALING WITH INSURANCE ENACTED IN 1987 IN THE APPROPRIATE AREA COVERED BY THIS ACT, TO ELIMINATE OR DELETE FROM THIS ACT CERTAIN PROVISIONS OF LAW, AND TO AMEND PROVISIONS OF THIS ACT CORRESPONDING TO AMENDMENTS OF THE INSURANCE LAWS AS MAY HAVE BEEN PASSED BY THE GENERAL ASSEMBLY DURING 1987 IN OTHER ACTS; TO AMEND SECTION 42-7-200, RELATING TO THE STATE WORKERS' COMPENSATION INSOLVENCY FUND, SO AS TO DELETE A REFERENCE TO SECTION 42-5-140 AND REPLACE IT WITH A REFERENCE TO SECTION 38-7-50; AND TO REPEAL THE FOLLOWING: ARTICLE 7 OF CHAPTER 9 OF TITLE 56 RELATING TO MOTOR VEHICLES AND COVERAGE LIMITATIONS, UNINSURED MOTORIST PROVISIONS, AND THE LIKE; CHAPTER 11 OF TITLE 56 RELATING TO THE SOUTH CAROLINA AUTOMOBILE REPARATION REFORM ACT OF 1974; CHAPTER 13 OF TITLE 56 RELATING TO MOTOR VEHICLE PHYSICAL DAMAGE APPRAISERS; CHAPTER 9 OF TITLE 35 RELATING TO INSIDER TRADING IN SECURITIES OF DOMESTIC STOCK INSURANCE COMPANIES; SECTIONS 42-5-90, 42-5-100, 42-5-110, 42-5-120, 42-5-140, 42-5-150, 42-5-160, 42-5-170, AND 42-5-180 RELATING TO VARIOUS PROVISIONS ON INSURANCE AND SELF- INSURANCE UNDER WORKERS' COMPENSATION; ACT 306 OF 1975 RELATING TO PROVIDING A CONTINGENCY PLAN FOR THE WRITING OF MEDICAL MALPRACTICE LIABILITY INSURANCE THROUGH A JOINT UNDERWRITING ASSOCIATION UPON THE FINDING OF AN EMERGENCY BY THE INSURANCE COMMISSION; ACT 767 OF 1976 RELATING TO THE WRITING OF MEDICAL MALPRACTICE LIABILITY INSURANCE THROUGH A JOINT UNDERWRITING ASSOCIATION, INCLUDING, AMONG OTHER THINGS, PLACING PHARMACISTS IN THE DEFINITION OF HEALTH CARE PROVIDER AND PLACING PER CLAIM AND AGGREGATE LIMITS ON THE AMOUNT OF INSURANCE WHICH MAY BE PAID TO A CLAIMANT UPON ENACTMENT OF A PATIENT COMPENSATION FUND ACT; ACT 104 OF 1977 RELATING TO THE WRITING OF MEDICAL MALPRACTICE LIABILITY INSURANCE THROUGH A JOINT UNDERWRITING ASSOCIATION AND THE CREATION OF A BOARD OF GOVERNORS TO ADMINISTER THE PATIENTS' COMPENSATION FUND, INCLUDING, AMONG OTHER THINGS, INCREASING THE MEMBERSHIP OF THE BOARD OF DIRECTORS OF THE JOINT UNDERWRITING ASSOCIATION AND THE MEMBERSHIP OF THE BOARD OF GOVERNORS TO ADMINISTER THE PATIENTS' COMPENSATION FUND; ACT 258 OF 1977 RELATING TO PROHIBITING THE INSURANCE COMMISSION, COMMISSIONER, OR JOINT UNDERWRITING ASSOCIATION FROM IMPLEMENTING ANY ASSESSMENT THAT MAY BE PRESCRIBED BY THE JOINT RESOLUTION ESTABLISHING THE JOINT UNDERWRITING ASSOCIATION FOR THE PURPOSE OF WRITING MEDICAL MALPRACTICE LIABILITY INSURANCE UNTIL JULY 1, 1978; ACT 645 OF 1978 RELATING TO THE WRITING OF MEDICAL MALPRACTICE INSURANCE THROUGH A JOINT UNDERWRITING ASSOCIATION, THE ESTABLISHMENT OF A PATIENTS' COMPENSATION FUND, AND A CONTINGENCY PLAN FOR WRITING LEGAL PROFESSIONAL MALPRACTICE INSURANCE THROUGH A JOINT UNDERWRITING ASSOCIATION, INCLUDING, AMONG OTHER THINGS, PROVIDING FOR AN APPEAL FROM A RULING OR ACTION BY THE MEDICAL OR LEGAL ASSOCIATION OR THE PATIENTS' COMPENSATION FUND TO THE INSURANCE COMMISSION; ACT 257 OF 1977, ACT 662 OF 1978, ACT 221 OF 1979, AND ACT 200 OF 1981 RELATING TO THE WRITING OF MEDICAL MALPRACTICE LIABILITY INSURANCE THROUGH A JOINT UNDERWRITING ASSOCIATION AND THE EXTENSION OF THE EXPIRATION DATE OF THE UNDERWRITING ASSOCIATION; ACT 199 OF 1983 RELATING TO THE WRITING OF MEDICAL MALPRACTICE LIABILITY INSURANCE THOUGH A JOINT UNDERWRITING ASSOCIATION AND DELETION OF THE REQUIREMENT THAT THE ASSOCIATION EXPIRE ON DECEMBER 31, 1983; ACT 440 OF 1986 RELATING TO THE PROVISION THAT NO HEALTH MAINTENANCE ORGANIZATION MAY PROHIBIT ANY LICENSED PHYSICIAN, PODIATRIST, OPTOMETRIST, OR ORAL SURGEON FROM PARTICIPATING AS A PROVIDER IN THE ORGANIZATION ON THE BASIS OF HIS PROFESSION AND TO THE PROVISION THAT NOTHING IN ACT 440 OF 1986 MAY BE CONSTRUED TO INTERFERE WITH THE MEDICAL DECISION OF THE PRIMARY HEALTH CARE PROVIDER TO USE OR NOT USE ANY HEALTH PROFESSIONAL ON A CASE-BY-CASE BASIS; ACT 518 OF 1986 RELATING TO THE ADDING OF A SECTION TO THE CODE OF LAWS SO AS TO PROVIDE FOR EDUCATIONAL REQUIREMENTS FOR APPLICANTS FOR INSURANCE AGENTS' LICENSES AND TO MAKE EXCEPTIONS; SUBSECTION A OF SECTION 31 OF PART II OF ACT 540 OF 1986 (THE GENERAL APPROPRIATIONS ACT) RELATING TO, AMONG OTHER THINGS, THE REQUIREMENT THAT EVERY INSURANCE COMPANY OF ANY CLASS, EXCEPT CERTAIN BENEVOLENT INSTITUTIONS, SHALL, BEFORE TRANSACTING ANY BUSINESS IN THIS STATE, PAY A LICENSE FEE OF FOUR HUNDRED DOLLARS TO THE CHIEF INSURANCE COMMISSIONER AND SHALL THEREAFTER PAY AN ANNUAL LICENSE FEE OF FOUR HUNDRED DOLLARS; SUBSECTION B OF SECTION 31 OF PART II OF ACT 540 OF 1986 RELATING TO THE LEVY UPON EACH INSURANCE COMPANY LICENSED BY THE COMMISSIONER OF AN INSURANCE PREMIUM TAX BASED UPON TOTAL PREMIUMS, OTHER THAN WORKERS' COMPENSATION INSURANCE PREMIUMS, AND ANNUITY CONSIDERATIONS, COLLECTED BY THE COMPANY IN THE STATE DURING EACH CALENDAR YEAR; SUBSECTION C OF SECTION 31 OF PART II OF ACT 540 OF 1986 RELATING TO, AMONG OTHER THINGS, THE REQUIREMENT THAT, NOT LATER THAN MARCH FIRST OF EACH YEAR, EVERY INSURANCE COMPANY LICENSED BY THE COMMISSIONER SHALL FILE WITH HIM A RETURN OF PREMIUMS COLLECTED BY THE COMPANY IN THE STATE DURING THE IMMEDIATELY PRECEDING CALENDAR YEAR ENDING ON DECEMBER THIRTY-FIRST; SUBSECTION D OF SECTION 31 OF PART II OF ACT 540 OF 1986 RELATING TO, AMONG OTHER THINGS, THE PROVISION THAT ONE-FOURTH OF THE INSURANCE PREMIUM TAXES COLLECTED UNDER SUBSECTION B OF THIS SECTION 31, AND ONE-FOURTH OF THE RETALIATORY COLLECTIONS MADE UNDER SUBSECTION E OF THIS SECTION 31 WHICH ARE ATTRIBUTABLE TO THE TAX LEVIED IN SUBSECTION B, ARE ALLOTTED TO THE SEVERAL COUNTIES, RESPECTIVELY, IN PROPORTION TO THE LATEST OFFICIAL UNITED STATES CENSUS OF THE COUNTIES, AND ARE APPROPRIATED TO ORDINARY COUNTY PURPOSES; SUBSECTION E OF SECTION 31 OF PART II OF ACT 540 OF 1986 RELATING TO, AMONG OTHER THINGS, THE REQUIREMENT THAT, UNDER CERTAIN CONDITIONS, SIMILAR INSURANCE COMPANIES OF OTHER STATES ESTABLISHING OR HAVING THERETOFORE ESTABLISHED AN AGENCY OR AGENCIES IN SOUTH CAROLINA SHALL MAKE A PARTICULAR DEPOSIT FOR A PARTICULAR PURPOSE WITH THE COMMISSIONER; SUBSECTION F OF SECTION 31 OF PART II OF ACT 540 OF 1986 RELATING TO AN AMENDMENT OF A SECTION OF THE CODE OF LAWS CONCERNING A RETURN TO THE CHIEF INSURANCE COMMISSIONER BY FIRE INSURANCE COMPANIES; SUBSECTION G OF SECTION 31 OF PART II OF ACT 540 OF 1986 RELATING TO, AMONG OTHER THINGS, THE PROVISION THAT ANY INSURER OR RATING ORGANIZATION AFFECTED BY CERTAIN PROVISIONS OF LAW MAY, AT ANY TIME UP UNTIL APRIL 1, 1987, MAKE A FILING WITH THE COMMISSIONER REQUESTING A CHANGE IN RATES SOLELY TO REFLECT CHANGES IN CERTAIN IMPOSED TAX LIABILITIES; SUBSECTION H OF SECTION 31 OF PART II OF ACT 540 OF 1986 RELATING TO THE PROVISION THAT EACH LICENSE ISSUED UNDER ARTICLE 1 OF CHAPTER 5 OF TITLE 38 IS FOR AN INDEFINITE TERM UNLESS SOONER REVOKED OR SUSPENDED; SUBSECTION J OF SECTION 31 OF PART II OF ACT 540 OF 1986 RELATING TO THE PROVISION THAT THE QUARTERLY PAYMENTS REQUIRED OF INSURANCE COMPANIES FOR JUNE 1, 1986, AND SEPTEMBER 1, 1986, ARE DUE AND PAYABLE TO THE CHIEF INSURANCE COMMISSIONER ON OR BEFORE SEPTEMBER 1, 1986; SUBSECTION K OF SECTION 31 OF PART II OF ACT 540 OF 1986 RELATING TO AN AMENDMENT OF A SECTION OF THE CODE OF LAWS CONCERNING THE PAYMENT OF AN ANNUAL LICENSE FEE; SUBSECTION L OF SECTION 31 OF PART II OF ACT 540 OF 1986 RELATING TO AN AMENDMENT OF A SECTION OF THE CODE OF LAWS CONCERNING THE FEE FOR AN ADJUSTER'S LICENSE UNDER THE INSURANCE LAWS; SUBSECTION M OF SECTION 31 OF PART II OF ACT 540 OF 1986 RELATING TO AN AMENDMENT OF A SECTION OF THE CODE OF LAWS CONCERNING FEES FOR INSURANCE AGENTS' LICENSES AND THE ISSUANCE OF SEMIANNUAL LICENSES; SUBSECTION N OF SECTION 31 OF PART II OF ACT 540 OF 1986 RELATING TO AN AMENDMENT OF A SECTION OF THE CODE OF LAWS CONCERNING LICENSES FOR APPRAISERS FOR MOTOR VEHICLE PHYSICAL DAMAGE CLAIMS, THE LICENSE FEE, AND REGULATIONS; AND ACT 513 OF 1986, RELATING TO MOTOR VEHICLE THEFT AND MOTOR VEHICLE INSURANCE FRAUD REPORTING IMMUNITY.
S. 535 -- Banking and Insurance Committee: A BILL TO REPEAL SECTION 15-78-155, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REQUIREMENTS AS TO INSURANCE COMPANIES OR REINSURANCE COMPANIES SELECTED BY POLITICAL SUBDIVISIONS TO HANDLE OR ASSIST IN HANDLING INSURANCE PROGRAMS REQUIRED BY THE PROVISIONS OF THE SOUTH CAROLINA TORT CLAIMS ACT.
On motion of Rep. J. BRADLEY, with unanimous consent, it was ordered that S. 321 be read the third time tomorrow.
The following Bill was taken up.
H. 2672 -- Reps. Limehouse, and McCain: A BILL TO AMEND ARTICLE 1, CHAPTER 7, TITLE 42, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE WORKERS' COMPENSATION FUND, BY ADDING SECTION 42-7-110 SO AS TO PROVIDE THAT, WITH RESPECT TO REPRESENTATION INVOLVING A MATTER, CASE, OR PROCEEDING BEFORE THE STATE WORKERS' COMPENSATION COMMISSION, NO MEMBER OF THE GENERAL ASSEMBLY MAY ACCEPT OR ENGAGE IN REPRESENTATION OF ANY PERSON INSURED THROUGH THE FUND.
Rep. TOAL moved to table the Bill.
Rep. L. MARTIN demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Arthur Bailey, K. Baxley Beasley Blanding Bradley, J. Brown, J. Brown, R. Carnell Dangerfield Faber Felder Ferguson Gentry Gregory Harvin Hawkins Hayes Holt Johnson, J.C. Jones Kay Keyserling Lewis Martin, D. Mattos McAbee McBride McEachin McElveen McLeod, E.B. Nettles Ogburn Phillips, O. Rogers, J. Rogers, T. Rudnick Sheheen Shelton Sturkie Toal Tucker Waldrop Washington Whipper White
Those who voted in the negative are:
Alexander, T.C. Altman Aydlette Bailey, G. Baker Barfield Bennett Blackwell Boan Brown, H. Burriss, J.H. Burriss, M.D. Burriss, T.M. Clyborne Cooper Cork Corning Davenport Derrick Evatt Foster Foxworth Harris, J. Harris, P. Haskins Hearn Hendricks Kirsh Limehouse Lockemy Mappus Martin, L. McCain McGinnis McKay McTeer Moss Neilson Nesbitt Pettigrew Petty Phillips, L. Rice Sharpe Snow Taylor Thrailkill Wells Wilder
So, the House refused to table the Bill.
Further proceedings were interrupted by the time having arrived for Special Orders, the pending question being consideration of the Bill.
The following Concurrent Resolution was taken up.
S. 739 -- Senators Moore, Applegate, Branton, Bryan, Courson, Dennis, Doar, Drummond, Fielding, Garrison, Giese, Hayes, Hinson, Holland, Land, Leatherman, Lee, Leventis, Lindsay, Long, Lourie, Macaulay, Martschink, Martin, Matthews, McConnell, McGill, McLeod, Mitchell, Patterson, Peeler, Pope, Powell, Russell, Saleeby, Setzler, Shealy, Horace C. Smith, J. Verne Smith, Nell W. Smith, Thomas E. Smith, Jr., Stilwell, Thomas, Waddell, Williams and Wilson: A CONCURRENT RESOLUTION TO REQUEST THE UNITED STATES DEPARTMENT OF ENERGY TO CHOOSE ITS SAVANNAH RIVER RESERVATION AS THE SITE FOR THE NEW PRODUCTION REACTOR AUTHORIZED BY CONGRESS.
Whereas, the Final Report of the New Production Reactor (NPR) Concept and Site Selection Advisory Panel recommended that a Zero-Election-Power Heavy Water Reactor (ZEPHWR) be located at the Savannah River Site as the concept which would provide the greatest assurance of meeting national defense material production goals; and
Whereas, the second choice for the NPR concept is the Low-Temperature Heavy Water Reactor (LTHWR) also easily located at the Savannah River Site; and
Whereas, the Savannah River Site ranked highest in four of the eleven selection criteria and was equal in all other categories with other candidate sites; and
Whereas, this State would welcome the construction of a NPR with state-of-the-art technology and the latest design safeguards; and
Whereas, this construction would generate a peak new employment of over three thousand five hundred jobs in the Savannah River Site area resulting in an estimated positive revenue impact of over fifty million dollars; and
Whereas, the General Assembly has been on record since November 1983, when it notified the United States Department of Energy by passage of House Bill 3202 stating South Carolina's strong endorsement of the Savannah River Site as the site for the NPR; and
Whereas, the many benefits to be gained by siting the NPR at the Savannah River Site will have positive impacts statewide as well as to the Savannah River area. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That the members of the General Assembly request the United States Department of Energy to choose its Savannah River Reservation as the site for the new production reactor authorized by Congress.
Be it further resolved that a copy of this resolution be forwarded to the Secretary of Energy, The Honorable John S. Herrington, and the members of the South Carolina Congressional Delegation.
The Concurrent Resolution was adopted and ordered returned to the Senate.
Debate was resumed on the following Bill, the pending question being the consideration of the Bill.
H. 2672 -- Reps. Limehouse, and McCain: A BILL TO AMEND ARTICLE 1, CHAPTER 7, TITLE 42, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE WORKERS' COMPENSATION FUND, BY ADDING SECTION 42-7-110 SO AS TO PROVIDE THAT, WITH RESPECT TO REPRESENTATION INVOLVING A MATTER, CASE, OR PROCEEDING BEFORE THE STATE WORKERS' COMPENSATION COMMISSION, NO MEMBER OF THE GENERAL ASSEMBLY MAY ACCEPT OR ENGAGE IN REPRESENTATION OF ANY PERSON INSURED THROUGH THE FUND.
Reps. TOAL, T. ROGERS, J. ROGERS, McBRIDE, LEWIS and GREGORY objected to the Bill.
Rep. WILKINS moved that the Committee of Conference on the following Bill be resolved into a Committee of Free Conference and briefly explained the Conference Committee's reasons for this request.
H. 2263 -- Judiciary Committee: A BILL TO AMEND CHAPTER 4 OF TITLE 30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FREEDOM OF INFORMATION ACT, BY ADDING SECTION 30-4-15 SO AS TO SET FORTH THE PUBLIC POLICY OF THAT CHAPTER AND PROVIDE THE BASIS FOR CONSTRUING IT; TO AMEND SECTION 30-4-20, RELATING TO DEFINITIONS UNDER THE FREEDOM OF INFORMATION ACT, SO AS TO ADD LANGUAGE TO DEFINE FURTHER THE TERM "PUBLIC BODY", AND TO ADD AND DELETE LANGUAGE UNDER THE DEFINITION OF "PUBLIC RECORD"; TO AMEND SECTION 30-4-30, RELATING TO THE RIGHT TO INSPECT OR COPY PUBLIC RECORDS, FEES, AND NOTIFICATION AS TO PUBLIC AVAILABILITY OF RECORDS, SO AS TO PROVIDE THAT IF THE REQUEST FOR PRODUCTION IS GRANTED, THE RECORD MUST BE FURNISHED OR MADE AVAILABLE FOR INSPECTION OR COPYING, AND TO PROVIDE THAT IF WRITTEN NOTIFICATION OF THE DETERMINATION OF THE PUBLIC BODY AS TO THE AVAILABILITY OF THE REQUESTED PUBLIC RECORD IS NEITHER MAILED NOR PERSONALLY DELIVERED TO THE PERSON REQUESTING THE DOCUMENT WITHIN A CERTAIN PERIOD OF TIME, THE REQUEST MUST BE CONSIDERED APPROVED; TO AMEND SECTION 30-4-40, RELATING TO MATTERS EXEMPT FROM DISCLOSURE UNDER THE FREEDOM OF INFORMATION ACT, SO AS TO PROVIDE FOR THE EXEMPTION OF THE COMPENSATION OF FULL-TIME EMPLOYEES AT OR BELOW THE LEVEL OF FIFTY THOUSAND DOLLARS ANNUALLY, PROVIDE FOR THE EXEMPTION OF INFORMATION RELATIVE TO THE IDENTITY OF THE MAKER OF A GIFT TO A PUBLIC BODY UNDER CERTAIN CONDITIONS AND DEFINE "GIFT TO A PUBLIC BODY", AND REQUIRE THE PUBLIC BODY, UNDER CERTAIN CONDITIONS, TO MAKE NONEXEMPT MATERIAL AVAILABLE IN ACCORDANCE WITH THE REQUIREMENTS OF CHAPTER 4 OF TITLE 30; TO AMEND SECTION 30-4-70, RELATING TO MEETINGS WHICH MAY BE CLOSED UNDER THE FREEDOM OF INFORMATION ACT AND EXECUTIVE SESSIONS OF THE GENERAL ASSEMBLY, SO AS TO, AMONG OTHER THINGS, PROVIDE THAT THE DISCUSSION OF CERTAIN MATTERS CONCERNING AN EMPLOYEE, A STUDENT, OR A PERSON REGULATED BY A PUBLIC BODY MAY BE HELD IN A MEETING CLOSED TO THE PUBLIC, DELETE CERTAIN LANGUAGE, AND REQUIRE THE PRESIDING OFFICER TO ANNOUNCE THE SPECIFIC PURPOSE OF AN EXECUTIVE SESSION REGARDING A PUBLIC AGENCY; TO AMEND SECTION 30-4-80, RELATING TO NOTICE OF MEETINGS OF PUBLIC BODIES UNDER THE FREEDOM OF INFORMATION ACT, SO AS TO REQUIRE ALL PUBLIC BODIES TO NOTIFY PERSONS OR ORGANIZATIONS, AND OTHERS, OF THE TIMES, DATES, PLACES, AND AGENDA OF ALL PUBLIC MEETINGS; AND TO AMEND SECTION 30-4-100, RELATING TO INJUNCTIVE RELIEF, COSTS, AND ATTORNEY'S FEES UNDER THE FREEDOM OF INFORMATION ACT, SO AS TO, AMONG OTHER THINGS, ALLOW ANY CITIZEN OF THE STATE TO APPLY TO THE CIRCUIT COURT FOR EITHER OR BOTH A DECLARATORY JUDGMENT AND INJUNCTIVE RELIEF TO ENFORCE CHAPTER 4 OF TITLE 30 AS LONG AS APPLICATION IS MADE NO LATER THAN ONE YEAR (RATHER THAN SIXTY DAYS) FOLLOWING THE DATE ON WHICh THE ALLEGED VIOLATION OCCURS OR ONE YEAR AFTER A PUBLIC VOTE IN PUBLIC SESSION (RATHER THAN SIXTY DAYS AFTER RATIFICATION OF SUCH ACT IN PUBLIC SESSION), WHICHEVER COMES LATER, AND PROVIDE THAT A VIOLATION OF CHAPTER 4 TITLE 30 MUST BE CONSIDERED TO BE AN IRREPARABLE INJURY FOR WHICH NO ADEQUATE REMEDY AT LAW EXISTS.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Altman Arthur Bailey, G. Bailey, K. Baker Barfield Baxley Bennett Blackwell Boan Brown, G. Brown, H. Brown, J. Brown, R. Burriss, J.H. Burriss, M.D. Burriss, T.M. Carnell Clyborne Cooper Cork Dangerfield Davenport Day Derrick Edwards Faber Fair Ferguson Foster Gentry Gilbert Gregory Harris, J. Harris, P. Harvin Haskins Hawkins Hayes Hearn Helmly Hendricks Hodges Holt Johnson, J.C. Johnson, J.W. Kay Keyserling Kirsh Klapman Lewis Limehouse Lockemy Mappus Martin, D. Martin, L. Mattos McAbee McBride McCain McEachin McElveen McGinnis McLellan McLeod, E.B. McTeer Moss Neilson Nesbitt Nettles Pearce Pettigrew Petty Phillips, L. Phillips, O. Rhoad Rice Rogers, T. Rudnick Sheheen Shelton Snow Stoddard Sturkie Thrailkill Toal Townsend Tucker Waldrop Washington Wells Whipper White Wilder Wilkins
Those who voted in the negative are:
Corning
So, the motion to resolve the Committee of Conference into a Committee of Free Conference was agreed to.
The Committee of Conference was thereby resolved into a Committee of Free Conference; the SPEAKER appointed Reps. WILKINS, LIMEHOUSE and TOAL to the Committee of Free Conference and a message was sent to the Senate accordingly.
The following Bill was taken up.
S. 717 -- Senators Setzler, Drummond, Peeler, Moore and Hinson: A BILL TO AMEND TITLE 39, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 63 SO AS TO REQUIRE ADVERTISEMENTS OF TEXTILE PRODUCTS TO DISCLOSE WHETHER THE PRODUCTS ARE IMPORTED OR MADE IN THE UNITED STATES OF AMERICA.
Further proceedings were interrupted by expiration of time on the uncontested calendar, the pending question being consideration of the Bill.
On motion of Rep. J. HARRIS, with unanimous consent, 160 extra copies of the Report of the Joint Committee on Mental Health and Mental Retardation were ordered printed.
The Senate amendments to the following Bill were taken up for consideration.
H. 2742 -- Agriculture and Natural Resources Committee: A BILL TO AMEND SECTIONS 50-17-1620 AND 50-17-1621, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAKING SHRIMP BY CAST NET OVER BAIT, SO AS TO ESTABLISH A SEASON FOR TAKING SHRIMP IN BAITED AREAS, PROVIDE FOR THE ISSUANCE OF SHRIMP BAITING PERMITS, PRESCRIBE THEIR USE, AND THE FEE FOR THEIR ISSUANCE; TO ESTABLISH A CATCH LIMIT AND A POSSESSION LIMIT; AND TO INCREASE PENALTIES.
Debate was resumed on Amendment No. 13, which was proposed on Tuesday, May 12, by Rep. FOXWORTH.
The amendment was then adopted.
Rep. McTEER proposed the following Amendment No. 14 (Doc. No. 4727Y ), which was adopted.
Amend the amendment, as and if amended, offered by Representative Foxworth dated 5-7-87, designated as amendment No. 13, document No. 4655Y, by striking subsection (B) of Section 50-17-1620 as contained in SECTION 1 and inserting:
/(B) The Wildlife and Marine Resources Department shall establish annually a seventy-five day open season between August first and November fifteenth for taking shrimp over baited areas. The seventy-five days may, but are not required to be, consecutive. It is unlawful for anyone to take, or attempt to take, shrimp over bait during the closed season for taking shrimp over bait. The provisions of this subsection do not apply to anyone taking or attempting to take shrimp over bait by the use of a drop net from a pier, dock, or other structure permanently affixed to land./
Renumber sections to conform.
Amend totals and title to conform.
Rep. McTEER explained the amendment.
The amendment was then adopted.
The Senate amendments, as amended, were then agreed to and the Bill ordered returned to the Senate.
I would like the record to show that I oppose House Bill 2742, The Shrimp Bill, because it does not treat the small recreational shrimper on an equal and equitable basis, as the commercial shrimper.
Rep. FRED DAY
The SPEAKER granted Rep. COOPER a leave of absence for the remainder of the day.
The Senate amendments to the following Bill were taken up for consideration.
H. 2555 -- Education and Public Works Committee: A BILL TO AMEND ARTICLE 5 OF CHAPTER 1 OF TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MISCELLANEOUS PROVISIONS CONCERNING EDUCATION GENERALLY, BY ADDING SECTION 59-1-405 SO AS TO PROHIBIT PUBLIC ELEMENTARY AND SECONDARY SCHOOLS FROM DISTRIBUTING ANY CONTRACEPTIVE DEVICE OR MEDICATION.
Rep. FAIR proposed the following Amendment No. 3, which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Article 5 of Chapter 1 of Title 59 of the 1976 Code is amended by adding:
"Section 59-1-405. No contraceptive device or contraceptive medication may be distributed in, or on the school grounds of, any public elementary or secondary school. No school district may contract with any contraceptive provider for the distribution of contraceptive devices or contraceptive medications."
SECTION 2. This act takes effect upon approval by the Governor./
Amend title to conform.
Rep. FAIR explained the amendment.
Rep. KEYSERLING spoke against the amendment.
Rep. FAIR spoke in favor of the amendment.
Rep. KEYSERLING moved to table the amendment.
Rep. FAIR demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Altman Blanding Brown, J. Burriss, T.M. Cork Evatt Faber Ferguson Foster Foxworth Gilbert Gregory Harris, J. Holt Keyserling Martin, D. McBride McLeod, E.B. McTeer Neilson Pearce Rogers, J. Rogers, T. Rudnick Shelton Snow Washington Whipper White Wilder
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Arthur Aydlette Bailey, G. Baker Barfield Baxley Beasley Blackwell Bradley, P. Brown, G. Brown, H. Brown, R. Burriss, M.D. Carnell Clyborne Corning Davenport Day Derrick Edwards Fair Felder Gentry Harris, P. Harvin Haskins Hawkins Hayes Hearn Hendricks Hodges Huff Johnson, J.C. Johnson, J.W. Kay Kirsh Klapman Lewis Limehouse Lockemy Martin, L. Mattos McAbee McCain McEachin McGinnis Moss Nesbitt Pettigrew Petty Phillips, L. Phillips, O. Rice Sharpe Sturkie Taylor Thrailkill Townsend Tucker Waldrop Wells Wilkins Winstead
So, the House refused to table the amendment.
The question then recurred to the adoption of the amendment, which was agreed to.
The Senate amendments, as amended, were then agreed to and the Bill ordered returned to the Senate.
The Senate amendments to the following Concurrent Resolution were taken up for consideration.
H. 2060 -- Reps. Aydlette and P. Bradley: A CONCURRENT RESOLUTION REQUESTING THE BUREAU OF INDIAN AFFAIRS OF THE UNITED STATES DEPARTMENT OF THE INTERIOR TO RECOGNIZE THE EDISTO NATCHEZ KUSSO TRIBE OF SOUTH CAROLINA FOR PURPOSES OF ALL FEDERAL PROGRAMS OPERATED BY THE BUREAU OF INDIAN AFFAIRS FOR NATIVE AMERICANS.
The Senate amendments were concurred in and a message was ordered sent to the Senate accordingly.
Rep. TOAL moved that the House recur to the morning hour, which was agreed to.
Rep. BLACKWELL moved to reconsider the vote whereby the following Bill was given a second reading.
H. 2836 -- Rep. J. Bradley: A BILL TO AMEND ARTICLE 7, CHAPTER 9, TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CANCELLATION AND NONRENEWAL OF PROPERTY INSURANCE AND CASUALTY INSURANCE, BY ADDING SECTION 38-9-890 SO AS TO PROVIDE THAT NO INSURER MAY NONRENEW A POLICY OF HOMEOWNERS INSURANCE BECAUSE THE INSURED HAS FILED A CLAIM WITH THAT INSURER FOR DAMAGES RESULTING FROM AN ACT OF GOD, INCLUDING, BUT NOT LIMITED TO, HAIL, WIND, OR LIGHTNING, OR FOR A FIRE NOT ATTRIBUTABLE TO THE INSURED, AND TO PROVIDE THAT NO INSURER WHICH OFFERS A COMBINATION HOMEOWNERS AND AUTOMOBILE INSURANCE POLICY MAY NONRENEW THIS POLICY FOR OTHER THAN THE REASONS PRESCRIBED IN SECTION 38-37-310.
Rep. J. BRADLEY moved to table the motion and demanded the yeas and nays, which were not ordered.
The motion to reconsider was then tabled by a division vote of 49 to 13.
The following was received from the Senate.
The following was received.
Columbia, S.C., May 14, 1987
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it insists upon its amendments to H. 2816:
H. 2816 -- Rep. McLellan: A JOINT RESOLUTION TO EXEMPT ANY AUTHORIZATION OF ADDITIONAL STATE CAPITAL IMPROVEMENT BONDS FOR THE DEPARTMENT OF CORRECTIONS FROM THE PROVISIONS OF SECTION 2-7-105, CODE OF LAWS OF SOUTH CAROLINA, 1976, FOR THE YEAR 1987 ONLY FOR THE PURPOSE OF COMPLYING WITH THE NELSON LAWSUIT SETTLEMENT.
and asks for a Committee of Conference and has appointed Senators Horace C. Smith, Waddell and Leatherman of the Committee of Conference on the part of the Senate.
Very respectfully,
President
No. 005
Whereupon, the Chair appointed Reps. McLELLAN, McABEE and CARNELL to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.
The following was received.
Columbia, S. C., May 14, 1987
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to H. 2012:
H. 2012 -- Rep. Kay: A BILL TO AMEND SECTION 39-55-295, CODE OF LAWS OF SOUTH CAROLINA, 1976 RELATING TO EXEMPTIONS TO CEMETERY LAWS, SO AS TO PROVIDE THAT CHURCH CEMETERIES ARE EXEMPT EXCEPT AS PROVIDED IN SECTION 39-55-300 AND TO AMEND THE 1976 CODE BY ADDING SECTION 39-55-300 SO AS TO REQUIRE A CHURCH WHICH RECEIVES MONEY FOR THE MAINTENANCE OF ITS CEMETERY TO KEEP THE MONEY IN A SEPARATE FUND, TO MAKE IT UNLAWFUL TO USE THE FUND FOR ANY PURPOSE OTHER THAN FOR THE MAINTENANCE OF THE CEMETERY, AND TO PROVIDE PENALTIES.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
The following was introduced:
H. 3148 -- Reps. Edwards, Davenport, Ferguson, Hawkins, McGinnis, Petty and Wells: A CONCURRENT RESOLUTION TO CONGRATULATE ONE OF SPARTANBURG'S MOST DISTINGUISHED CITIZENS, MR. WALTER S. MONTGOMERY, UPON HIS RECEIPT OF AN HONORARY DOCTOR OF PUBLIC SERVICE DEGREE FROM THE UNIVERSITY OF SOUTH CAROLINA AT SPARTANBURG.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The Senate sent to the House the following:
S. 769 -- Senators Powell, Branton, Applegate, Bryan, Courson, Dennis, Doar, Drummond, Fielding, Garrison, Giese, Hayes, Hinson, Holland, Land, Leatherman, Lee, Leventis, Lindsay, Long, Lourie, Macaulay, Martin, Martschink, Matthews, McConnell, McGill, McLeod, Mitchell, Moore, Patterson, Peeler, Pope, Russell, Saleeby, Setzler, Shealy, Horace C. Smith, J. Verne Smith, Nell W. Smith, Thomas E. Smith, Jr., Stilwell, Thomas, Waddell, Williams and Wilson: A CONCURRENT RESOLUTION MEMORIALIZING CONGRESS TO TAKE SUCH ACTION AS MAY BE REQUIRED TO DEFEAT A SENATE PROPOSAL TO CUT TWENTY-FIVE PERCENT FROM FUNDS RECEIVED BY SOUTH CAROLINA COUNTIES FOR THE SALE OF TIMBER ON FEDERAL LAND.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 3149 -- Rep. Harvin: A BILL TO ENACT THE "SOUTH CAROLINA SHAREHOLDER PROTECTION ACT OF 1988."
Referred to Committee on Labor, Commerce and Industry.
H. 3150 -- Rep. Gregory: A BILL TO REVISE THE MANNER IN WHICH MEMBERS OF THE BOARD OF TRUSTEES OF THE SCHOOL DISTRICT OF COLLETON COUNTY MUST BE ELECTED BEGINNING IN 1988, INCLUDING THE ESTABLISHMENT OF SINGLE-MEMBER ELECTION DISTRICTS, AND TO PROVIDE FOR THE TERMS OF THESE MEMBERS SO ELECTED.
On motion of Rep. McTEER, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
Debate was resumed on the following Bill, the pending question being the consideration of the Bill.
S. 717 -- Senators Setzler, Drummond, Peeler, Moore and Hinson: A BILL TO AMEND TITLE 39, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 63 SO AS TO REQUIRE ADVERTISEMENTS OF TEXTILE PRODUCTS TO DISCLOSE WHETHER THE PRODUCTS ARE IMPORTED OR MADE IN THE UNITED STATES OF AMERICA.
The Bill was read the second time and ordered to third reading.
On motion of Rep. J. BRADLEY, with unanimous consent, it was ordered that S. 717 be read the third time tomorrow.
The following Bill was taken up.
S. 368 -- Education Committee: A BILL TO AMEND SECTION 59-21-810, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GUIDELINES FOR DEVELOPMENT AND IMPLEMENTATION OF THE TEACHER INCENTIVE PROGRAM, SO AS TO PROVIDE FOR THE CONTENT OF THE STATEWIDE PROGRAM IMPLEMENTED FOR SCHOOL YEAR 1987-88 AND TO CHANGE THE REFERENCE TO SCHOOL YEAR 1986-87 TO 1987-88.
The Education and Public Works Committee proposed the following Amendment No. 1 (Doc. No. 4559Y).
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 59-21-810(2) of the 1976 Code is amended to read:
"(2) The State Board shall cause no more than three programs to be developed or selected in school districts in the school year 1984-85. Pilot testing of no more than these three programs shall occur in nine school districts, designated by the State Board of Education upon recommendations of the select committee Select Committee, in school year 1985-86, and the State Board of Education in consultation with the Office of the Governor by regulation implement one program statewide beginning with the school year 1986-87. After school Year 1985-86, the number of districts pilot testing the program must be based on the level of funding. The State Board of Education, upon the recommendation of the Select Committee, shall select the districts to participate in pilot testing. Districts that are not pilot testing the program must plan for full implementation. The State Board of Education, in consultation with the Office of the Governor, shall cause the program to be implemented in each school district when the General Assembly so directs. The statewide program must contain the models which prove successful during pilot testing."
SECTION 2. This act takes effect upon approval by the Governor./
Amend title to conform.
Rep. TOWNSEND explained the amendment.
Rep. AYDLETTE objected to the Bill.
Rep. TOWNSEND continued speaking.
Reps. J. ROGERS and LEWIS objected to the Bill.
The following Bill was taken up.
S. 552 -- Education Committee: A BILL TO AMEND SECTION 59-24-110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GUIDELINES FOR THE SCHOOL PRINCIPAL INCENTIVE PROGRAM, SO AS TO PROVIDE THAT THE PROGRAM CONTAIN THE MODELS WHICH PROVE SUCCESSFUL DURING THE PILOT TESTING.
Rep. AYDLETTE objected to the Bill.
The Education and Public Works Committee proposed the following Amendment No. 1 (Doc. No. 4560Y).
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 59-24-110(1) of the 1976 Code is amended to read:
"(1) The State Board of Education shall identify incentive criteria in school year 1984-85. The State Board shall cause no more than three programs to be developed or selected in nine school districts in school year 1985-86. Pilot testing of no more than these three programs must occur in nine school districts, designated by the State Board upon the recommendation of the select committee Select Committee, in school year 1986-87 and by regulation implemented statewide beginning with school year 1987-88. After school year 1986-87, the number of districts pilot testing the program must be based on the level of funding. The State Board of Education, upon the recommendation of the Select Committee, shall select the districts to participate in pilot testing. Districts that are not pilot testing the program must plan fur full implementation. The program must be implemented in each school district when the General Assembly so directs. The statewide program must contain the models which prove successful during the pilot testing."
SECTION 2. This act takes effect upon approval by the Governor./
Amend title to conform.
Rep. TOWNSEND explained the amendment.
Reps. LEWIS and J. ROGERS objected to the Bill.
On motion of Rep. WILDER, with unanimous consent, the House stood in silent prayer in memory of the late Speaker Emeritus Solomon Blatt.
The following Bill was taken up.
H. 2270 -- Rep. Barfield: A BILL TO AMEND SECTION 50-13-1155, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REQUIREMENTS AND FEES FOR TAGS AND PERMITS FOR CERTAIN NONGAME FISHING DEVICES AND GEAR, SO AS TO EXEMPT DEVICES AND GEAR USED IN THE LITTLE PEE DEE, GREAT PEE DEE, AND WACCAMAW RIVERS.
Rep. BARFIELD explained the Bill.
Rep. LOCKEMY moved to adjourn debate upon the Bill, which was adopted.
The following Bill was taken up.
S. 437 -- Fish, Game and Forestry Committee: A BILL TO AMEND SECTION 50-17-1620, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TAKING OF SHRIMP BY CAST NET IN BAITED AREAS, SO AS TO PROVIDE THAT TAKING SHRIMP IN BAITED AREAS IS UNLAWFUL BY MEANS OF ANY DEVICE OTHER THAN A DROP NET OR LIFT NET, NOT TO EXCEED FOUR FEET IN WIDTH CONNECTED TO A PERMANENT STRUCTURE ON THE HIGHLAND AND TO PROVIDE FOR THE REMOVAL OF DEVICES TO MARK BAITED AREAS.
Rep. PEARCE moved to table the Bill, which was agreed to.
The following Bill was taken up.
S. 135 -- Senators Pope, Lindsay, Martin, McConnell, Saleeby, Ravenel, Peeler, Setzler, Thomas E. Smith, Jr., McLeod, Hayes, Long, Leventis, Bryan, Williams, Mitchell, Macaulay, Nell W. Smith, Lourie, Applegate, Drummond, Land, Powell and Shealy: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 2 OF TITLE 28 SO AS TO ENACT THE SOUTH CAROLINA EMINENT DOMAIN PROCEDURE CODE WHICH PROVIDES FOR PROVISIONS OF LAW WHICH SHALL REGULATE THE EXPENDITURE OF FUNDS OF THE STATE AND ITS POLITICAL SUBDIVISIONS AND ESTABLISH THE PROCEDURE FOR THE ACQUISITION OF CERTAIN REAL PROPERTY OR PROPERTY RIGHTS IN THIS STATE THROUGH THE EXERCISE OF THE POWER OF EMINENT DOMAIN; TO AMEND SECTIONS 1-11-110, 3-5-50, 3-5-100, 3-5-330, 4-17-20, 5-27-150, 5-31-420, 5-31-430, 5-31-440, 5-31-610, 5-35-10, 6-11-130, 6-23-290, 13-3-100, 13-11-80, 24-1-230, 28-3-20, 28-3-30, 28-3-140, 31-3-460, 46-19-130, 48-11-110, 48-15-30, 48-15-50, 48-17-30, 48-17-50, 49-17-1050, 49-19-1060, 49-19-1440, 50-13-1920, 50-19-1320, 51-13-780, 54-3-150, 55-9-80, 55-11-10, 57-3-700, 57-5-370, 57-5-380, 57-21-200, 57-25-190, 57-25-470, 57-25-680, 57-27-70, 58-9-2030, 58-15-410, 58-17-1200, 58-19-30, 58-27-130, 58-31-50, 59-19-200, 59-105-40, 59-117-70, AND 59-123-90, RELATING TO VARIOUS PROVISIONS OF LAW PERTAINING TO THE ACQUISITION OF PROPERTY, EASEMENTS OR RIGHTS-OF-WAY, POWER OF CONDEMNATION, RIGHT OF EMINENT DOMAIN AND COMPENSATION FOR PROPERTY TAKEN BY STATE AND LOCAL AGENCIES, AUTHORITIES AND ENTITIES, AND PRIVATE COMPANIES AND CORPORATIONS, SO AS TO CONFORM THE PROVISIONS OF LAW TO THE EMINENT DOMAIN PROCEDURE CODE; AND TO RepEAL SECTIONS 28-1-10, 28-1-20, 28-1-30, 28-3-10, 28-3-40, 28-3-50, 28-3-60, 28-3-70, 28-3-80, 28-3-90, 28-3-100, 28-3-110, 28-3-130, 28-5-10, 28-5-20, 28-5-30, 28-5-40, 28-5-50, 28-5-60, 28-5-70, 28-5-80, 28-5-90, 28-5-100, 28-5-110, 28-5-120, 28-5-130, 28-5-140, 28-5-150, 28-5-160, 28-5- 170, 28-5- 180, 28-5- 190, 28-5-200, 28-5 -210, 28-5-220, 28-5-230, 28-5-240, 28-5-250, 28-5-260, 28-5-270, 28-5-280, 28-5-290, 28-5-300, 28-5-310, 28-5-320, 28-5-330, 28-5-340, 28-5-350, 28-5-360, 28-5-370, 28-5-380, 28-5-390, 28-7- 10, 28-7-20, 28-7-30, 28-7-40, 28-9-10, 28-9-20, 28-9-30, 28-9-40, 28-9-50, 28-9-60, 28-9-70, 28-9-80, 28-9-90, 28-9-100, 28-9-110, 31-3-470, 31-3-480, 31-3-490, 48-15-60, 48-15-70, 48-15-80, 48-17-60, 48-17-70, 48-17-80, 49-1-70, 49-13-10, 49-13-20, 49-13-30, 49-13-40, 49-13-50, 49-13-60, 49-13-70, 49-13-80, 49-19-2670, 55-9-60, 55-9-100, 55-9-110, 55-9-120, 55-9-130, 55-9-140, 55-9-150, 55-9-160, 55-9-170, 55-9-180, 57-5-360, 57-5-390, 57-5-400, 57-5-410, 57-5-420, 57-5-430, 57-5-440, 57-5-450, 57-5-460, 57-5-470, 57-5-480, 57-5-490, 57-5-500, 57-5-510, 57-5-520, 57-5-530, 57-5-560, 57-17-320, 57-17-330, 57-17-340, 57-17-350, 57- 17-360, 57-17-370, 57-17-380, 57-17-390, 58-15-1210, 58-15-1220, 58-15-1230, 58-15-1240, 58-15-1250, 58-15-1260, 58-15-1270, 58-15-1280, 58-15-1290, 58-15-1300, 58-15-1310, 58-15-1320, 58-15-1330, 58-15-1340, 58-15-1360, 58-15-1370, 59-19-210, 59-19-220, 59-19-230, AND 59-19-240 RELATING TO VARIOUS PROVISIONS OF LAW PERTAINING TO THE ACQUISITION OF PROPERTY, EASEMENTS OR RIGHTS-OF-WAY, POWER OF CONDEMNATION, RIGHT OF EMINENT DOMAIN, COMPENSATION FOR PROPERTY TAKEN, AND OTHER RELATED MATTERS WHICH ARE INCONSISTENT WITH OR IN CONFLICT WITH THE PROVISIONS OF THE EMINENT DOMAIN PROCEDURE CODE.
The Judiciary Committee, proposed the following Amendment No. 1 (Doc. No. 4598Y), which was adopted.
Amend the bill, as and if amended, by inserting before the enacting words:
/Whereas, the General Assembly finds that:
(1) The exercise of the power of eminent domain is an extraordinary right of the State and its political subdivisions.
(2) The costs of the State and its political subdivisions for the exercise of these powers is costly, both in terms of the expenses of the property acquired and in terms of the litigation expenses which often precede these acquisitions.
(3) The State has a fundamental fiscal interest in providing for an efficient means of effecting acquisitions of property.
(4) The State also has a fundamental interest in preserving the property rights of its citizens; and
Whereas, the General Assembly further finds that because of the magnitude of the costs associated with the exercise of the power of eminent domain, immediate, remedial legislative action to avoid a crisis is necessary; and
Whereas, it is the purpose of this act to improve and modify this system in order to:
(1) establish a uniform procedure for the condemnation of property by the State, its political subdivisions, and private entities so as to minimize the costs of this litigation;
(2) establish provisions requiring the State, its political subdivisions, and private entities to make an offer for property based upon an appraisal so as to decrease or contain the cost of litigation of condemnation actions. Now, therefore,
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Title 28 of the 1976 Code is amended by adding:
Section 28-2-10. This chapter may be cited as 'The South Carolina Eminent Domain Procedure Act' and any references to the term 'act', unless the context clearly indicates otherwise, mean the South Carolina Eminent Domain Procedure Act.
Section 28-2-20. This act amends the law of this State relating to procedures for acquisitions of property and to the exercise of the power of eminent domain. It is the intention of the General Assembly that this act is designed to create a uniform procedure for all exercise of eminent domain power in this State. It is not intended by the creation of this act to alter the substantive law of condemnation, and any uncertainty as to construction which might arise must be resolved in a manner consistent with this declaration. In the event of conflict between this act and any other law with respect to any subject governed by this act, this act shall prevail.
Section 28-2-30. As used in this act:
(1) 'Action' means condemnation action.
(2) 'Appraisal' means an opinion as to the value of compensation payable for property, prepared by or under the direction of an individual qualified by knowledge, skill, experience, training, or education to express an opinion as to the value of the compensation. An appraisal includes the assessment of general and specific benefits to the owner as offsets against any damages to the property.
(3) 'Clerk of court' or 'clerk' means the clerk of court of common pleas of the county in which the real property sought for acquisition by a condemnor, or the major portion of the property, is located.
(4) 'Condemn' means to take property under the power of eminent domain.
(5) 'Condemnation action' includes all acts incident to the process of condemning property after the service of a Condemnation Notice.
(6) 'Condemnee' means a person or other entity who has a record interest in or holds actual possession of property that is the subject of a condemnation action.
(7) 'Condemnor' means a person or other entity empowered to condemn.
(8) 'Court' means a circuit court of this State and includes, when the context requires, any judge of the court.
(9) 'Crops' means any form of vegetation intended to be removed and used or sold for commercial purposes, including without limitation grass, flowers, fruits, vegetables, trees, vines, and nursery stock.
(10) 'Federal agency' means the United States or any agency or instrumentality, corporate, or otherwise of the United States.
(11) 'Improvement' includes any building or structure, and any facility, machinery, or equipment that cannot be removed from the real property on which it is situated without substantial damage to the real property or other substantial economic loss.
(12) 'Landowner' means one or more condemnees having a record fee simple interest in the property condemned or any part thereof, as distinguished from condemnees who possess a lien or other nonownership interest in the property; where there are more than one, the term means the condemnees collectively, unless expressly provided otherwise.
(13) 'Lien' means a security interest in property arising from contract, mortgage, deed of trust, statute, common law, equity, or creditor action.
(14) 'Litigation expenses' means the reasonable fees, charges, disbursements, and expenses necessarily incurred from and after service of the Condemnation Notice, including but not limited to reasonable attorney's fees, appraisal fees, engineering fees, deposition costs, and other expert witness fees necessary for preparation or participation in condemnation actions and the actual cost of transporting the court and jury to view the premises.
(15) 'Local public entity' means a public entity other than the State.
(16) 'Person' includes a natural individual, partnership, corporation, association, other legal or fiduciary entity, and a public entity.
(17) 'Property', 'real property', or 'land' means all lands, including improvements and fixtures thereon, lands under water, easements and hereditaments, corporeal or incorporeal, every estate, interest and right, legal or equitable, in lands or water and all rights, interests, privileges, easements, encumbrances, and franchises relating thereto, including terms for years and liens by way of judgment, mortgage, or otherwise.
(18) 'Public body' means this State or any county, city, town, municipal corporation, municipality, authority or other subdivision, agency or body or instrumentality, corporate or otherwise, authorized by law to exercise the power of eminent domain.
(19) 'Public works project' means any work or undertaking which is financed in whole or in part by a federal agency or a public body, or is administered or supervised or regulated by a federal agency or a public body.
Section 28-2-40. At any time before or after commencement of an action, the parties may agree to and carry out, according to its terms, a compromise or settlement as to any matter, including all or any part of the compensation or other relief.
Section 28-2-50. A condemnor may comply with any federal statute, regulation, or policy prescribing a condition precedent to the availability or payment of federal financial assistance for any program or project for which the condemnor is authorized to exercise the power of eminent domain.
Section 28-2-60. A condemnor may commence an action under this chapter for the acquisition of an interest in any real property necessary for any public purpose. The provisions of this chapter shall constitute the exclusive procedure whereby condemnation may be undertaken in this State.
Section 28-2-70. (A) Before initiating a condemnation action, the condemnor shall cause the property to be appraised to determine the amount that would constitute just compensation for its taking and shall make the appraisal available to the landowner.
(B) The condemnor and landowner shall make reasonable and diligent efforts to negotiate an agreement upon the amount of compensation to be paid. The condemnor shall certify to the court that a negotiated resolution of the conflict was attempted prior to the institution of the condemnation action. A failure of any party to comply with this subsection is not a defense to a condemnation action.
(C) The condemnor shall have the authority, after reasonable notice to the landowner, to enter upon the real property in which an interest is proposed to be acquired for the purpose of making a survey, determining the location of proposed improvements, or making an appraisal. In the event a landowner refuses to allow entry, the circuit court may issue an ex parte order enforcing this section. A landowner shall have no cause of action for trespass arising out of the exercise of authority pursuant to this section.
Section 28-2-80. Any service required under this chapter may be made by certified mail with return receipt requested or by any other means permitted by law for service of a summons in civil cases. When service is made by certified mail, the date of service must be the date of delivery, refusal, or last attempted delivery as shown on the return receipt.
Section 28-2-90. A condemnor may take possession of property:
(1) at any time upon receipt of written consent of the record owner or owners of fee simple title to the property;
(2) upon payment to the owner of mutually agreed compensation;
(3) upon deposit with the clerk of court in the county in which the property to be condemned is situated, the amount stated in the Condemnation Notice as just compensation for the property, the amount having been determined by the condemnor before initiating the action;
(4) upon payment to the owner or deposit with the clerk of court the amount awarded by the judgment in the condemnation action.
Section 28-2-100. (A) If the acquisition of only part of a property would leave its owner with an uneconomic remnant, the condemnor may acquire the remnant concurrently by purchase or condemnation.
(B) 'Uneconomic remnant', as used in this section, means a remainder following a partial taking of property, of that size, shape, or condition as to be of little value or that gives rise to a substantial risk that the condemnor may be required to pay in compensation for the part taken an amount substantially equivalent to the amount that would be required to be paid if it and the remainder were taken as a whole.
Section 28-2-110. (A) As soon as practicable after payment of the purchase price or payment of or deposit in court of funds to satisfy the judgment in a condemnation action, whichever is earlier, the condemnor shall pay or reimburse the owner for any penalty costs for prepayment of any debt secured by a preexisting lien, entered into or created in good faith, encumbering the property, except where preempted by federal law. No prepayment penalty may be imposed on any debt secured by a lien on real property which is subject to condemnation if the lien was recorded subsequent to the effective date of this act.
(B) The condemnor is allowed a credit against the amount owed the landowner for the tax year in which the compensation is paid allocable to a period between the first day of that year and the date of vesting of title in, or the effective date of possession of the property by the condemnor, whichever is earlier. The condemnor shall pay the taxes on the property taken for that year. This applies only when fee simple title to the property is condemned. If the condemnor is the State or any of its agencies or political subdivisions, taxes on the property must be abated by the county treasurer effective upon the date of possession by, or the date of vesting of title in, the condemnor, whichever is earlier.
(C) The condemnor shall pay interest as provided in Section 28-2-420.
Section 28-2-120. In the event of conflict between this act and the South Carolina Rules of Civil Procedure, this act shall prevail.
Section 28-2-210. Any condemnor may institute an action under this chapter for the acquisition of an interest in any real property necessary for any public purpose. The provisions of this act constitute the exclusive procedure whereby condemnation may be undertaken in this State.
Section 28-2-220. (A) Prior to commencing a condemnation action, a condemnor must elect to proceed either under Section 28-2-240, in which case the form of Condemnation Notice prescribed by Section 28-2-280(C)(8) must be used, or under Section 28-2-250, in which case the form of Condemnation Notice prescribed by Section 28-2-280(C)(9) must be used.
(B) In the Condemnation Notice, the condemnor shall set forth the amount it has determined to be just compensation pursuant to Section 28-2-70(A) which shall constitute a tender of that amount.
(C) The landowner has thirty days after service of the Condemnation Notice to give the condemnor written notice either that he rejects the amount tendered, or that he accepts the amount tendered and agrees to execute those instruments as may be necessary to convey to the condemnor the property or interest therein described in the Condemnation Notice. A failure to respond to the tender constitutes a rejection.
Section 28-2-230. (A) If the landowner rejects or does not accept the amount tendered as just compensation within the thirty-day period, then the condemnor may file the Condemnation Notice with the clerk of court and deposit with the clerk the amount of just compensation stated in the notice. If the Condemnation Notice is filed with the clerk of court, the clerk shall charge a fee for filing the notice which must be the same as the fee charged for filing a summons and complaint.
(B) The condemnor shall then serve written notice of the action upon the condemnees and thereupon may proceed to take possession of the property or interest therein described in the Condemnation Notice pursuant to Section 28-2-90. The condemnor may not abandon the condemnation action after taking possession, except with consent of the landowner.
Section 28-2-240. (A) If the condemnor elects to proceed under this section, and the amount tendered in the Condemnation Notice is rejected, the condemnor shall file the Condemnation Notice with the clerk of court, if not already filed, and shall serve upon the landowner and file with the clerk an affidavit stating:
(1) that the amount tendered in the Condemnation Notice has been rejected;
(2) that the condemnor demands a trial not earlier than sixty days after the date of service of the affidavit, which date must be certified on the copy filed with the clerk;
(3) whether the condemnor demands a trial by jury or by the court;
(4) whether the condemnor demands that the trial be given priority over other cases; and
(5) the name and known address of each landowner whom the clerk should notify of the call of the case for trial.
The affidavit may be executed by the condemnor or by its attorney.
(B) After the filing of the affidavit, the case shall proceed as provided in Article III.
Section 28-2-250. (A) If the condemnor elects to proceed under this section and if the amount tendered in the Condemnation Notice is rejected, an appraisal panel must be established which shall determine an amount as just compensation for the property taken, as provided in this section. The condemnor shall bear the cost of the appraisal panel which must be a fee of not more than one hundred dollars for each member plus the actual expenses, if any, of the panel incurred in performing its duties.
(B) The appraisal panel shall consist of one member appointed by the condemnor, one member other than a condemnee in that action appointed by the landowner, and one member who must, as a minimum qualification, possess a South Carolina real estate broker's license, appointed by the first two so appointed.
(C) The condemnor shall appoint one member in the Condemnation Notice. The condemnor's appointee must not be an employee or former employee of the condemnor. The landowner, acting jointly if there are more than one, shall have until the thirtieth day following service of the Condemnation Notice to appoint one member other than a condemnee in that action by written notice served upon the condemnor. Within five days of the appointment of the landowner's member, the two so appointed shall appoint a disinterested third member who as a minimum qualification must hold a South Carolina real estate broker's license. The third member appointed must be the chairman of the appraisal panel and is responsible for convening the panel and reporting its determination to the condemnor. The chairman of the appraisal panel shall receive additional compensation of fifty dollars for services as chairman.
(D) If the landowner fails to appoint a member, within the times provided above, the clerk of court, upon written request by the condemnor, shall appoint the member. If the first two fail to appoint a qualified third member within the times provided above, the clerk of court, upon written request by the condemnor or the landowner, shall appoint the member.
Section 28-2-260. (A) Within twenty days of the appointment of the third member, the appraisal panel shall determine an amount as just compensation for the property taken and shall report the determination in writing to the condemnor. In making this determination, the appraisal panel shall conduct an informal proceeding and shall consider all relevant evidence and information as may be offered by the condemnor or the landowner.
(B) Within ten days of receipt of the appraisal panel's report:
(1) if the Condemnation Notice has not already been filed with the clerk of court and the amount tendered therein deposited with the clerk, the condemnor shall file the Condemnation Notice and a copy of the appraisal panel's report and deposit the amount determined by the appraisal panel with the clerk; or
(2) if the Condemnation Notice has already been filed and the amount tendered therein deposited with the clerk of court, the condemnor shall file a copy of the appraisal panel's report with the clerk and, if the amount determined by the panel exceeds the amount already deposited, excluding any interest thereon, shall deposit the amount of the excess with the clerk; and
(3) the condemnor must serve upon the landowner written notice of the amount determined by the appraisal panel and of the filing of the Condemnation Notice and deposit of the amount determined. The notice shall also state whether the condemnor accepts the determination of the appraisal panel or appeals therefrom and must be in the form prescribed by Section 28-2-290.
(C) If the notice required by this section states that the condemnor accepts the determination of the appraisal panel, then within thirty days of receipt of the notice, the landowner must elect in writing served upon the condemnor either to accept the amount determined by the appraisal panel or to appeal from the determination. A failure to elect constitutes an acceptance of the amount so determined.
Section 28-2-270. (A) If either the condemnor or any landowner appeals from the determination of the appraisal panel, this party shall file a copy of the notice thereof with the clerk of court within the time required for giving the notice to the other party and shall certify on the filed copy the date the notice was served.
(B) If both condemnor and landowner accept the determination of the appraisal panel, the condemnor shall file with the clerk of court an affidavit that the time for appeal has expired and no notice of appeal has been given by either party. Thereupon the clerk of court shall note upon a copy of the Condemnation Notice the amount of the determination and the payment thereof by the condemnor and shall cause the copy so annotated to be recorded and indexed in the same manner as is provided by law for recording and indexing of deeds or if there is no register of mesne conveyance, the clerk shall so record and index this copy of the Condemnation Notice.
(C) If neither the condemnor nor the landowner appeals from the determination of the appraisal panel, and the amount of the determination is less than the amount already deposited by the condemnor, if any, then upon the filing of the affidavit described in the preceding subsection, the clerk of court shall remit to the condemnor the amount of excess deposited funds together with a prorata portion of the interest earned on the deposited funds.
(D) The time allowed for the appraisal panel to make and report its determination may be extended by written consent by both condemnor and landowner.
(E) If the appraisal panel fails to make a determination of Just compensation within the time allowed or an extension thereof, if any, the panel chairman shall certify in writing to the condemnor which the condemnor shall serve upon the landowner and file with the clerk of court which shall have the same effect as appeal by both the condemnor and the landowner from a determination of the appraisal panel.
Section 28-2-280. (A) The Condemnation Notice must contain the information and allegations required in this section and may contain any other information relevant to the action.
(B) The Condemnation Notice must be captioned: CONDEMNATION NOTICE, TENDER OF PAYMENT, and if applicable, AND NOTICE TO APPOINT APPRAISER.
(C) The Condemnation Notice must:
(1) designate the condemnor on whose behalf the property is to be taken;
(2) designate as 'landowner' all persons who are record owners of fee simple title and as 'other condemnees' all persons who, to condemnor's knowledge, have or claim any record interest in the property to be taken; condemnees whose names are not known, including heirs, infants, persons under disability, and persons who may be in military service, must be made parties by the collective name of 'unknown claimants';
(3) contain an appropriate legal description of the property to be taken or out of which an interest will be taken, and of the interest to be taken;
(4) allege the basis of the condemnor's right to take the property by eminent domain and maintain the action, including (i) a reference to the condemnor's legal authority to take the property; (ii) a statement of the purpose for which it is to be condemned; (iii) a declaration of whether the action is one under Section 28-2-240 or under Section 28-2-250; and (iv) a statement that the condemnor has complied with Section 28-2-70(A).
(5) have attached a map, diagram, sketch, or reference to project plans showing, as far as practical, the property to be taken and, if less than all of a whole parcel, the location of the interest taken upon or within the whole parcel;
(6) specify a location within the county where the property to be taken is situated at which the landowner may inspect the project plans;
(7) contain at least the following notice:
THE CONDEMNOR HAS DETERMINED JUST COMPENSATION FOR THE PROPERTY AND RIGHTS TO BE ACQUIRED HEREUNDER TO BE THE SUM OF (insert the amount determined under Section 28-2-70(A) in words and numbers) AND HEREBY TENDERS PAYMENT THEREOF TO THE LANDOWNER.
Payment of this amount will be made to the landowner if within thirty days of service of this Condemnation Notice, the landowner in writing requests payment, and agrees to execute any instruments necessary to convey to the condemnor the property interests and rights described hereinabove. The request and agreement must be sent by first class certified mail with return receipt requested or delivered in person to the condemnor at (insert the address to which the request should be delivered). If no request and agreement is received by the condemnor within the thirty-day period, the tender is considered rejected.
If the tender is rejected, the condemnor has the right to file this Condemnation Notice with the clerk of court of the county where the property is situated and deposit the tender amount with the clerk. The condemnor shall give the landowner and other condemnees notice that it has done so and may then proceed to take possession of the property interests and exercise the rights described in this Condemnation Notice.
'AN ACTION CHALLENGING THE CONDEMNOR'S RIGHT TO ACQUIRE THE PROPERTY AND RIGHTS DESCRIBED HEREIN MUST BE COMMENCED IN A SEPARATE PROCEEDING IN THE COURT OF COMMON PLEAS WITHIN THIRTY DAYS OF THE SERVICE OF THIS CONDEMNATION NOTICE, OR THE LANDOWNER WILL BE CONSIDERED TO HAVE WAIVED THE CHALLENGE.'
(8) If the action is brought under Section 28-2-240, it shall contain at least the following notice:
'THE CONDEMNOR HAS ELECTED NOT TO UTILIZE THE APPRAISAL PANEL PROCEDURE. Therefore, if the tender herein is rejected, the condemnor shall notify the clerk of court and shall demand a trial to determine the amount of just compensation to be paid. A copy of that notice must be served on the landowner. That notice shall state whether the condemnor demands a trial by jury or by the court without a jury. The landowner has the right to demand a trial by jury. The case may not be called for trial before sixty days after the service of that notice, but it may thereafter be given priority for trial over other civil cases. The clerk of court shall give the landowner written notice by mail of the call of the case for trial.
THEREFORE, IF THE TENDER HEREIN IS REJECTED, THE LANDOWNER IS ADVISED TO OBTAIN LEGAL COUNSEL AT ONCE, IF NOT ALREADY OBTAINED.'
(9) If the action is brought under Section 28-2-250, it shall contain at least the following notice:
'If the tender is rejected, the landowner has until the thirtieth day after service of the Condemnation Notice within which to appoint a person who is not a party named in this action to serve as a member of an appraisal panel. Notice of appointment giving the name, address, and telephone number of the person appointed must be delivered to the condemnor at (insert the condemnor's address to which the notice of appointment should be delivered) within this period. If the landowner fails to appoint a member within the time allowed, one will be appointed for the landowner by the clerk of court. The condemnor hereby appoints (insert the name of the member appointed by condemnor), whose address is (insert the member's address) and whose telephone number is (insert the member's telephone number) as a member.
The two members so appointed must appoint a disinterested third member who holds at least a South Carolina real estate broker's license. If the two fail to appoint a third, the clerk of court shall appoint the third.
The appraisal panel shall determine an amount to be paid as just compensation for the property interest and rights described hereinabove, within thirty days after appointment of the third member. The appraisal panel shall report its determination to the condemnor which shall notify the landowner of the amount thereof. The landowner has thirty days from receipt of that notice in which to either accept the determination of the appraisal panel or to appeal therefrom.'
Section 28-2-290. (A) The notice of the determination of the appraisal panel required to be given by the condemnor to the landowner under sections 28-2-260(B) and (C) must be captioned NOTICE OF DETERMINATION OF APPRAISAL PANEL AND (NOTICE OF APPEAL) or (NOTICE TO ELECT).
(B) The notice must at least:
(1) designate the parties to the action in the same manner as the Condemnation Notice;
(2) state in words and numbers the amount determined by the appraisal panel to be just compensation;
(3) contain one of the following statements:
'THE CONDEMNOR REJECTS AND APPEALS FROM THE DETERMINATION OF THE APPRAISAL PANEL AND DEMANDS A TRIAL DE NOVO;
THE CONDEMNOR ACCEPTS THE DETERMINATION OF THE APPRAISAL PANEL; WITHIN THIRTY DAYS OF RECEIPT OF THIS NOTICE, THE LANDOWNER MUST NOTIFY THE CONDEMNOR IN WRITING DELIVERED IN PERSON OR BY CERTIFIED MAIL, WITH RETURN RECEIPT REQUESTED, TO CONDEMNOR AT (insert the condemnor's address) THAT THE LANDOWNER ELECTS EITHER TO ACCEPT THE DETERMINATION OF THE APPRAISAL PANEL OR TO APPEAL THEREFROM AND DEMAND A TRIAL DE NOVO. A NOTICE OF APPEAL MUST ALSO BE FILED WITH THE CLERK OF COURT, WITH THE DATE OF SERVICE NOTED THEREON.
A FAILURE TO GIVE NOTICE OF ELECTION WITHIN THE THIRTY-DAY PERIOD WILL CONSTITUTE AN ACCEPTANCE OF THE APPRAISAL PANEL'S DETERMINATION AND A WAIVER OF THE RIGHT TO APPEAL.
A trial to determine just compensation will be by jury unless both parties request trial by the court without a jury. The case may not be called for trial before sixty days after the service of the Notice of Appeal but it may thereafter be given priority for trial over other civil cases. The clerk of court shall give the landowner notice by mail of the call of the case for trial.
THEREFORE, IF THE DETERMINATION OF THE APPRAISAL PANEL IS REJECTED, THE LANDOWNER IS ADVISED TO OBTAIN LEGAL COUNSEL AT ONCE, IF NOT ALREADY OBTAINED.'
(4) if notice of depositing funds with the clerk has not already been given or possession has not already been taken, contain the following statement:
'The amount of the determination has been deposited with the clerk of court. The condemnor now has the right to take possession of the property interests and exercise the rights described in the Condemnation Notice.'
(5) contain the following statement:
'If the landowner accepts the determination of the appraisal panel, payment of that amount will be made by the clerk of court.'
Section 28-2-310. (A) Upon the filing of the affidavit described in Section 28-2-240(A) or the filing of a Notice of Appeal under Section 28-2-260(B) or (C), the action must be tried as provided in this article.
(B) If the condemnor and the landowner have demanded trial by the court without a jury, the clerk shall place the action on the nonjury trial roster. Otherwise, the action must be placed on the jury trial roster.
(C) If either the condemnor or the landowner so demands, the action must be given precedence over other civil cases for trial.
(D) The case may not, in any event, be called for trial until at least sixty days after the date of service upon the landowner of the Condemnation Notice, in cases brought under Section 28-2-240, or the Notice of Appeal, in cases brought under Section 28-2-250, unless both the condemnee and the landowner agree to a shorter period.
Section 28-2-320. The appellant must be the movant on appeal from the determination of the appraisal panel, shall have the burden of proof, and shall have the right to open and close, except that notwithstanding which party is appellant, the condemnor shall first offer one witness to describe the property being taken and the purpose thereof. In the event both the landowner and the condemnor appeal from the determination of the appraisal panel, the landowner is deemed to be the appellant.
Section 28-2-330. Actions under this act are governed by the rules of evidence applicable in civil actions.
Section 28-2-340. (A) For the purpose of determining the value of the land sought to be condemned and fixing just compensation in a hearing before a judge or in a trial before a jury, the following evidence (in addition to other evidence which is relevant, material, and competent) is relevant, material, and competent and may be admitted as evidence and considered by the judge or the jury:
(1) evidence that a building or improvement is unsafe, unsanitary, or a public nuisance or is in a state of disrepair and evidence of the cost to correct the condition, even if no action has been taken by local authorities to remedy the condition;
(2) evidence that any state public body charged with the duty of abating or requiring the correction of nuisances or like conditions or demolishing unsafe or unsanitary structures issued an order directing the abatement or correction of any conditions existing with respect to the building or improvement or demolition of the building or improvement and of the cost of compliance with an order;
(3) evidence of the last assessed valuation of the property for purposes of taxation and of any affidavits or tax returns made by the owner in connection with the assessment which state the value of the property and of any income tax returns of the owner showing sums deducted because of obsolescence or depreciation of the property;
(4) evidence that the property or improvement is being used for illegal purposes or is being so overcrowded as to be dangerous or injurious to the health, safety, morals, or welfare of the occupants and the extent to which the rentals therefrom are enhanced by reason of the use;
(5) evidence of the price and other terms upon any sale or the rent reserved and other terms of any lease or tenancy relating to the property or to any similar property in the vicinity when the sale or leasing occurred or the tenancy existed within a reasonable time of the hearing.
(B) Upon motion of either party, the court shall permit the jury to inspect the premises subject to the action, and if the trial is without a jury, the court shall make the inspection.
Section 28-2-350. The award of compensation may not be increased by reason of any increases in the value of the property resulting from the placement of a public works project on it.
Section 28-2-360. In any condemnation action, benefits to be derived from the proposed project including the value of any property or rights relinquished or reverting to the landowner as a part or result thereof, must be taken into consideration in determining the amount of compensation and due allowance made for them.
Section 28-2-370. In determining just compensation, only the value of the property to be taken, any diminution in the value of the landowner's remaining property, and any benefits as provided in Section 28-2-360 may be considered.
Section 28-2-410. All monies deposited pursuant to this act must be held at interest by the clerk of court after thirty days of receipt. The clerk shall invest the monies for the benefit of the parties as their interests are determined.
Section 28-2-420. (A) A condemnor shall pay interest at the rate of eight percent a year upon sums found to be just compensation by the appraisal panel or judgment of a court to the condemnee. This interest shall accrue from the date of filing of the Condemnation Notice through the date of verdict or judgment by the court. Interest accruing on funds on deposit with the clerk of court must be offset against the interest computed pursuant to this section. Interest shall not accrue during the twenty-day period commencing upon the date of verdict or order of judgment. If the judgment is not paid within the twenty-day period, interest at the rate provided by law for interest on judgments must be added to the judgment. Thereafter, the entire judgment shall earn interest at the rate provided by law for interest on judgments.
(B) In the event the court determines that just compensation is due the landowner in an amount less than the funds held by the clerk of court, the clerk of court shall refund to the condemnor the balance of the excess deposit with accrued interest.
Section 28-2-430. If an infant, person in military service, or other person under a legal disability has not appeared in the proceedings by his duly authorized legal representative, the court shall appoint an attorney as guardian ad litem to represent those persons' interests.
Section 28-2-440. In all condemnation actions, the date of valuation is the date of the filing of the Condemnation Notice. The risk of loss by reason of damage to or destruction of the property subject to condemnation must be borne by the condemnee until the date of possession by, or the date of vesting of title in, the condemnor, whichever is earlier.
Section 28-2-450. The right of condemnation by a municipality is not limited to the county in which the municipality is located.
Section 28-2-460. Unless the persons served with the Condemnation Notice agree in writing as to whom just compensation must be made and paid, the appraisal panel determination, verdict, or judgment must be made jointly to all the parties and may be paid to the clerk of court. Upon making the payment, the condemnor's obligation to pay interest upon the funds shall terminate. The payment of the funds so awarded must be held by the clerk of court pending the final order of the court of common pleas in an equity proceeding to which all persons served with the Condemnation Notice must be necessary parties. From the order of the court of common pleas there may be an appeal as provided for appeals from the court in equity cases.
Section 28-2-470. An action challenging a condemnor's right to condemn must be commenced in separate proceedings filed in the court of common pleas in the county in which the property or a portion thereof is located. The action must be commenced within thirty days after service of the Condemnation Notice upon the landowner. All proceedings under the Condemnation Notice are automatically stayed until the disposition of the action, if any, unless the landowner and the condemnor consent otherwise. No issues involving the condemnor's right to condemn may be heard in the trial upon the issue of just compensation.
Section 28-2-480. Upon written application, in form satisfactory to the clerk of court, by all named condemnees at any time after which the condemnor has taken possession, when the right to take is not contested, the clerk of court shall pay to them the amount applied for up to fifty percent of the funds deposited with the clerk of court by the condemnor in that action.
Section 28-2-490. Each condemnee who withdraws money under Section 28-2-480 waives all objections and defenses to the action and to the taking of his property, except for any claim to greater compensation.
Section 28-2-500. The amount deposited, or withdrawn under Section 28-2-480, is not admissible in evidence and may not be referred to at the trial.
Section 28-2-510. (A) If, in the action challenging the condemnor's right to take, the court determines that the condemnor has no right to take all or part of any landowner's property, the landowner's reasonable costs and litigation expenses incurred therein must be awarded to the landowner. If the court determines the right to take issue was not raised and litigated in good faith by the landowner, the court must award the condemnor the reasonable costs and litigation expenses incurred therein.
(B)(1) A landowner who prevails in the trial of a condemnation action, in addition to his compensation for the property, may recover his reasonable litigation expenses by serving on the condemnor and filing with the clerk of court an application therefor within fifteen days after the entry of the judgment. The application shall show that the landowner has prevailed, state the amount sought, and include an itemized statement from an attorney or expert witness representing or appearing at trial in behalf of the landowner stating the fee charged, the basis therefor, the actual time expended, and all actual expenses for which recovery is sought. If requested by any party or on its own motion, the court shall hear the parties with respect to the matters raised by the application and shall determine the amount of litigation expenses to be awarded, which must be set forth in a written order to be filed with the clerk of court which becomes part of the judgment. The court, in its discretion, may reduce the amount to be awarded pursuant to this section, or deny an award, to the extent that the landowner, during the course of the action, engaged in conduct which unduly and unreasonably protracted the final resolution of the action or to the extent the court finds that the position of the condemnor was substantially justified or that special circumstances make an award unjust.
(2) For the purpose of this section, 'prevails' means that the compensation awarded (other than by settlement) for the property, exclusive of interest, is at least as close to the highest valuation of the property that is attested to at trial on behalf of the landowner as it is to the highest valuation of the property that is attested to at trial on behalf of the condemnor."
SECTION 2. Section 1-11-110(2) of the 1976 Code is amended to read:
"(2) The State Budget and Control Board shall make use of the provisions of the Public Works Eminent Domain Procedure Act (Chapter 2 of Title 28) Law (Chapter 5 of Title 28) should if it be is necessary to acquire real property by condemnation. Such The proceedings actions shall must be maintained by and in the name of the Board. Provided that such The right of condemnation shall be is limited to the right to acquire land necessary for the development of the capitol complex mall in the city of Columbia."
SECTION 3. Section 3-5-50 of the 1976 Code is amended to read:
"Section 3-5-50. If for any reason the South Carolina Coastal Council shall be is unable to secure any such rights of way rights-of-way and spoil disposal area upon, across, or through any such land, including submerged lands, property or rights, by voluntary agreement with the owner thereof, the Council, acting for and in behalf of the State may condemn the same it and in so doing the ways, means, method and procedure of Section 57-17-20 and Sections 57-17-310 to 57-17-390, relating to obtaining rights of way for highway purposes by governing bodies of the counties shall be used by the Council as nearly as they are suitable for the purposes of this article, a majority of the members of the Council having the power to act hereunder. In all instances the general and specific benefits to the owner thereof shall be assessed as offsets against the damages to such property or lands. In any appeal to the court of common pleas from the decision of the Council, the notice and ground of appeal may be served upon any member of the Council within the time prescribed by law. After tender of the amount found by the Council for compensation and damages and the deposit of the amount tendered in the office of the clerk of court, if refused, the pendency of an appeal either in the circuit court or the Supreme Court shall not operate to stay the possession and use of the property involved by the United States Government for the purposes aforesaid. Upon final judgement fixing the amount of such compensation and damages in any condemnation proceedings and the payment thereof as required by law, the certificate of the clerk of the county in which such condemnation proceedings were instituted shall be sufficient to vest the title in the State through the Council. The Governor and the Secretary of State shall upon such vesting of the title execute a deed for such easement or property to the United States."
SECTION 4. Section 3-5-100 of the 1976 Code is amended to read:
"Section 3-5-100. If any of the lands or property, the use of which is acquired for the rights-of-way and spoil disposal areas as aforesaid, shall have has been leased by the South Carolina Wildlife and Marine Resources Commission to any person for the cultivation and gathering of oysters, the South Carolina Wildlife and Marine Resources Commission shall substitute for such the leased areas lying within the rights-of-way and spoil disposal areas other equal areas lying without the rights-of-way and spoil disposal areas that also are suitable for the cultivation and gathering of oysters. The South Carolina Coastal Council may reimburse any such the person for any direct actual losses resulting from such the transfer of leased oyster beds. If for any reason the South Carolina Wildlife and Marine Resources Commission be is unable to reach an agreement with the owner of such the leased oyster beds, the South Carolina Coastal Council, acting for and in behalf of the State, may condemn the rights and property of the lessees in, to, on or upon such the leased areas in the manner prescribed in Section 3-5-50 for condemning rights-of-way."
SECTION 5. Section 3-5-330 of the 1976 Code is amended to read:
"Section 3-5-330. If for any reason the South Carolina Coastal Council shall be is unable to secure such the right of way right-of-way upon, across, or through any such the property by voluntary agreement with the owner, the Council acting for and in behalf of the State, may condemn such the right-of-way and in so doing the ways, means, method and procedure of Section 57-17-20 and Sections 57-17-310 to 57-17-390 shall be used by the Council as nearly as the same are suitable for the purposes of this article, a majority of the members of the Council having the power to act hereunder. In all instances the general and special benefits to the owner thereof shall be assessed as offsets against the damages to such property or lands. In any appeal to the court of common pleas from the decision of the Council, the notice and grounds of appeal may be served upon any member of the Council, within the time prescribed by law. After tender of the amount found by the Council for compensation and damages and the deposit of the amount tendered in the office of the clerk of court, if refused, the pendency of an appeal either in the circuit court or the Supreme Court, shall not operate to stay the possession and use of the property involved by the United States Government for the purposes aforesaid. Upon final judgment fixing the amount of such compensation and damages in any such condemnation proceedings and the payment thereof, as required by law, the certificate of the clerk of court of the county in which such condemnation proceedings were instituted shall be sufficient to vest the title in the State through the Council. The Governor and the Secretary of State shall upon such vesting of the title promptly execute a deed for such the condemned property to the United States."
SECTION 6. Section 4-17-20 of the 1976 Code is amended to read:
"Section 4-17-20. The governing bodies of all counties in this the State may accept on behalf of for their counties by gift, donation, or devise and may acquire by purchase or condemnation actions any real property of historical value by reason of any war in which the United States of America or any section thereof participated or by reason of any other historical event. In acquiring any such property for and on behalf of their counties, as hereinabove authorized, the procedure for condemnation proceedings shall be such as is provided for condemnation proceedings in Article 13 of Chapter 15 of Title 58.
Upon acquiring any such the property, any such governing body shall preserve the same it and, when they deem consider it practicable, shall make restoration of the same to the end restore it so that the historical value of such the property shall be is at its maximum. And they They shall do such other desirable things relating to such the property as to preserve and enhance its historical value as such governing body deems advisable. Such The property referred to in the first sentence of this section shall include, among other things, but not be limited to, battlefields, ruins of forts, and remains of military operations during any war."
SECTION 7. Section 5-27-150 of the 1976 Code is amended to read:
"Section 5-27-150. The city council of any city containing more than five thousand inhabitants may lay out and open new streets, in the city and close up, widen, or otherwise alter streets in such the city whenever when, in its judgment, it may be necessary for the improvement or convenience of the city. But it It shall first pay damages, should any be claimed, to any landowner through whose premises such the streets may run, such damages to be fixed and determined as provided in Sections 28-9-10 to 28-9-110 according to the Eminent Domain Procedure Act (Chapter 2 of Title 28)."
SECTION 8. Section 5-31-420 of the 1976 Code is amended to read:
"Section 5-31-420. In case the owner of (a) any land situate within the corporate limits and desired by a municipal corporation for any of the purposes referred to in Section 5-31-410 or (b) any land desired by such the corporation for enlarging, extending, or establishing a sewerage system or a water system whether within or without such the corporate limits shall refuse to sell it, such the municipal corporation may condemn such the land in the manner provided in Sections 28-9-10 to 28-9-110 the Eminent Domain Procedure Act (Chapter 2 of Title 28)."
SECTION 9. Section 5-31-430 of the 1976 Code is amended to read:
"Section 5-31-430. Cities and towns may purchase and hold suitable lands and water and erect such aqueducts, dams, canals, buildings, machine shops, and other works and construct and lay such conduits, mains, and pipes as may be necessary to obtain and secure a supply of water and power for operating such the waterworks and electric light works. And they They may erect poles and wires along any of the adjacent highways and in such the cities and towns and shall have the right to may condemn (a) any property and lands, the drainage from which would contaminate the water supply of the city or town, (b) such streams, lakes, or lands as may be required for the water supply of the city or town or (c) right of way right-of-way to enable them to lay mains and pipes for water, sewerage or drainage, and erect and operate such the aqueducts, dams, canals and water and electrical works and electric lines on after paying to the owner thereof just compensation for such the property or rights of way rights-of-way to be condemned, such compensation to be as determined in the manner provided by Sections 28-9-10 to 28-9-110 the Eminent Domain Procedure Act (Chapter 2 of Title 28)."
SECTION 10. Section 5-31-440 of the 1976 Code is amended to read:
"Section 5-31-440. Any municipal corporation in this State desiring to establish waterworks or to enlarge or extend such works, whether it owns or operates the plant or not, may condemn lands, water rights, and water privileges or any other property, including existing waterworks or pipelines, or any part thereof of them, necessary for the purpose of establishing, maintaining, extending, or operating a waterworks plant for supplying water to such the municipal corporation and to its citizens thereof. But proper Proper compensation shall must be first made to the owners thereof. The Such condemnation shall must be made in the manner provided in Sections 28-9-10 to 28-9-110 the Eminent Domain Procedure Act (Chapter 2 of Title 28). But no No municipality shall condemn any such waterworks during the life of any franchise granted by such municipality for the operation of such waterworks and while they are being operated under such franchise, nor when by contract there shall be is any other method of valuation for the purpose of acquisition by such the municipality upon the expiration of such the franchise, except that such the condemnation actions may be had during the last year of the term of such the franchise to take effect by the transfer of title and possession immediately upon the expiration of such franchise. Any such A municipal corporation may also enter upon and condemn lands and tenements for the purpose of protecting the watersheds from contamination, nuisances, or any condition which may be a menace to the public health, upon proper compensation being first made to the owner thereof."
SECTION 11. Section 5-31-610(3) of the 1976 Code is amended to read:
"(3) Acquire existing waterworks by condemnation in the manner provided in Sections 28-9-10 to 28-9-110;".
SECTION 12. Section 5-35-10 of the 1976 Code is amended to read:
"Section 5-35-10. Whenever When any city of this State having a population of fifty ten thousand inhabitants or more and located upon a navigable stream, whether tidal or nontidal, shall desire desires to extend, improve, or protect its waterfront for public purposes, it may acquire by condemnation all private property, whether within or without such the city or partly within and partly without such the city, needed for such the extension, improvement, or protection in the manner, as to procedure, provided by Sections 28-9-10 to 28-9-110, upon the payment of just compensation therefor as determined by such procedure. The right hereby conferred on any such the city shall include includes the right to condemn in the manner aforesaid the title or possession of any and all lands, water or riparian rights, wharves, docks, warehouses, buildings, rights of way rights-of-way, or any other property, including any property which may already have been condemned, when such the property is so taken for the purpose of establishing, improving, developing, maintaining, or operating the port and terminal utilities of such the city for public purpose. Title thus acquired under this section shall vest absolutely in such the city. No lands so condemned under this section shall may be sold to private owners by such the city."
SECTION 13. Section 6-11-130 of the 1976 Code is amended to read:
"Section 6-11-130. Such districts being created and established for the purpose of providing better sanitary conditions for the people thereof, the The boards of commissioners of such the districts shall have power of condemnation for such purpose in the same manner and way as provided for condemnation by railroad corporations in Article 13 of Chapter 15 of Title 58."
SECTION 14. Section 6-23-290 of the 1976 Code is amended to read:
"Section 6-23-290. Any joint agency shall possess the power of eminent domain in accordance with Section 5-7-50 and Chapter 9 of Title 28, Code of Laws of South Carolina, 1976, in In order to effectuate the purposes of this chapter, and shall exercise such power in accordance with Chapter 9 of Title 18 of the 1976 Code; provided, however, that joint agencies may exercise such the power of eminent domain in any county of this State;. provided, further that a A joint agency exercising the power of eminent domain for the purpose authorized by this shall have chapter has no power to condemn a facility under construction or an existing facility or any facility to be constructed in the future used for the generation, transmission, or distribution of electric power or energy."
SECTION 15. Section 13-3-100(4)(n) of the 1976 Code is amended to read:
"(n) To have the power of eminent domain to be exercised as is now or may hereafter be provided by law for railroads, telegraph and telephone companies, for power companies and highways, including all rights, powers and methods of procedure vested in or prescribed for the same;".
SECTION 16. Section 13-11-80 of the 1976 Code is amended to read:
"Section 13-11-80. For the acquiring of rights-of-way and property necessary for the accomplishment of the its duties and purposes of the New Horizons Development Authority, all or any of such purposes, the Authority may purchase them by negotiation or may condemn them, and should it elect to exercise the right of eminent domain, condemnation actions shall be must be maintained by and in the name of the Authority, and it may proceed in the manner provided by the laws of the State for procedure by any county, municipality or authority organized under the laws of this State, by the State Highway Department, by railroad corporations or in any other manner provided by law as the Authority may in its discretion elect. The power of eminent domain shall apply applies not only as to all property of private persons or corporations but and also as to property already devoted to public use within the area of jurisdiction of the Authority."
SECTION 17. Section 24-1-230 of the 1976 Code is amended to read:
"Section 24-1-230. The Board of Corrections may purchase or condemn lands for the construction of any building or sewerage or water line essential to the operation of the prison system.
The procedure for such condemnation shall be as outlined in Sections 28-3-30 through 28-3-140."
SECTION 18. Section 28-3-20 of the 1976 Code is amended to read:
"Section 28-3-20. All State state authorities, commissions, boards, or governing bodies established by the State of South Carolina, (hereinafter referred to as 'State authority') which may have been, or may be hereafter created in the future, and authorized and empowered, to develop waterways of the State for use in intrastate, interstate, and foreign commerce,; to construct, maintain, and operate powerhouses, dams, canals, locks, and reservoirs,; to produce, transmit, sell, and distribute electric power,; to reclaim and drain swampy and flooded lands,; to improve health conditions of the State; and to reforest water sheds watersheds, or for any or all of such purposes and for which purposes the acquisition of property is necessary, shall have all the right of eminent domain of the State of South Carolina for such purposes, and are hereby authorized to exercise such rights in the manner hereinafter provided in addition to any rights now provided for the exercise of the right of eminent domain by such State authorities."
SECTION 19. Section 28-3-30 of the 1976 Code is amended to read:
"Section 28-3-30. For the general welfare of the State and in the public interest, and to provide for the payment of just compensation on account thereof through the exercise of the right Any public body exercising the power of eminent domain by said authority established by the State for purposes defined set forth in Section 28-3-20, a method of condemnation procedure, as hereinafter more fully provided, is hereby established whereby such State authority may exercise the right of eminent domain. The power of condemnation and the method of condemnation procedure shall include and be applicable to the condemnation of property necessary or useful or convenient for the public purposes herein mentioned, including all lands or interests therein which may be necessary or useful or convenient in the construction of dams, canals, locks, powerhouses or reservoirs, and including borrow pits, flowage right, waters, water rights, riparian rights, easements, rights of way, and all other rights necessary or useful or convenient in carrying out the purposes of said State authority. Unless said State authority shall state in the notice to owners hereinafter provided for that it seeks to acquire an estate other than one in fee simple, all properties to be acquired under the terms and provisions of this chapter which said authority shall determine are to be actually covered by impounded water, or occupied by dams, structures, or borrow pits shall be in fee simple and all lands between shall, in the area determined by the maximum high-water mark, as established by said State authority resulting from its activity and a line not exceeding one hundred lineal feet beyond the maximum such high-water mark, of water impounded or to be impounded, and within a reasonable distance from any dam, dike or structure, shall be in fee simple, but said State authority shall arrange to permit the previous owner of said the one hundred foot strip, and his heirs and assigns, to pass over and across said the strip which may be acquired hereunder under this section, and any and all lands of said the state authority which are not actually covered with water at convenient places for purposes of ingress and egress to the reservoirs of said the State state authority, which right shall must be exercised so that the same will it shall not interfere with any dams, dikes, structures, and buildings of said the State state authority or the application and use of said the State state authority of proper health and sanitation measures, and said the strip and all of the lands acquired by the authority may be controlled by the authority for health and sanitation measures to the extent of exclusion of the public from said the strip and lands at such all times as may be necessary;. provided, however, that, if the lands, or any portion thereof, acquired by said State authority hereunder are not occupied for the purposes of erecting dams, dikes, and structures, including lands acquired near said dams, dikes and structures for purposes of protecting said dams, dikes and structures and for purposes of obtaining materials for maintenance, and the one hundred foot strip from the said maximum high-water mark, and unless said lands above the dams, dikes and structures are actually covered with water, within a period of five years from the date of acquiring lands hereunder, the owner of any tracts of land acquired by said State authority under this chapter shall have the absolute right to repurchase said lands from said State authority upon the payment by the owner to said State authority of the amount paid by said State authority to said owner less any damages which said lands may sustain by reason of said State authority having occupied the same, together with depreciation in value of said lands and any special damages which the owner may have sustained by reason of said State authority having acquired said land hereunder. If the owner and the said State authority should fail to agree upon the amount of damages as above specified, which shall be deducted from the amount to be repaid by said owner, then said damages shall be ascertained and established under the procedure herein provided for the acquisition of lands by appointment of referees and with full right of appeal to both parties as provided for in the original acquisition hereunder. Unless the owner shall exercise his right to repurchase said lands within a period of one year from the expiration of the five years above provided, then said right shall cease upon the authority giving to said owner ninety days' notice that said right will expire at the end of said ninety days. Such State authority shall The public bodies may also have the right to acquire by condemnation all water and flowage rights in any and all land in the vicinity of said the projects specified in Section 28-3-20 which it may determine to be necessary, useful, or convenient, or which might be damaged by reason of the construction or operation of such the projects, and on such those lands the State authority public bodies may establish such health control measures as may be necessary."
SECTION 20. Section 28-3-140 of the 1976 Code is amended to read:
"Section 28-3-140. No lands, rights-of-way, easements, or any interests whatsoever in real or personal property which have been heretofore, or may be hereafter acquired for schools, churches, graveyards, municipal corporations, or subdivisions thereof of them, or for the construction or use of any highway, railroad, railway, canal, telegraph, power line, telephone, or other public service use shall be are exempt from condemnation and said properties may be condemned as provided in this chapter for other properties; and said properties may be condemned under the procedure established in this chapter. In any condemnation actions affecting properties of railroad, canal, telephone, telegraph, electric power, and other public service companies, where said the companies have placed their structures across navigable streams, or canals and waterways built or to be built for purposes of navigation and hydroelectric purposes, the question of compensation and special damages, including the costs of removing, rebuilding, or relocating structures of any kind belonging to said the companies on said the properties, shall must be determined in accordance with principles of law now prevailing, anything in this chapter to the contrary notwithstanding. Provided, no No public electric utility property shall may be condemned unless the same shall be it is located within the proposed area of any reservoir, or shall be is needed in connection therewith for flowage purposes, or essential for the construction of any dam or reservoir or tail race or navigation channel."
SECTION 21. Section 31-3-460 of the 1976 Code is amended to read:
"Section 31-3-460. Whenever it shall be deemed is considered necessary by an authority in connection with the exercise of its powers herein conferred to take or acquire any lands, structures, or buildings or other rights, either in fee or as easements for any housing or slum clearance project, the authority may purchase them directly or through its agents from the owner thereof or it may in any case acquire them through the exercise of the power of eminent domain in the manner provided herein."
SECTION 22. Section 46-19-130 of the 1976 Code is amended to read:
"Section 46-19-130. In order to enable any county or municipality or combination thereof as the ease may be of them to acquire a site or sites for the purposes herein specified in this article, they shall have the power of eminent domain and condemnation under such terms and conditions as exist to enable counties to acquire rights-of-way for public roads in South Carolina.
Such The counties or municipal corporations by their appropriate officers may secure the purchase price of any such property and equipment that may be purchased for such the purposes by a first mortgage on such the property and equipment and may borrow money and receive and administer grants from the government of the United States under any administration or agency of the United States Government government and may comply with all the terms and conditions necessary to borrow such the money."
SECTION 23. Section 48-11-110(1) of the 1976 Code is amended to read:
"(1) To acquire, by purchase, exchange, lease, gift, grant, bequest, devise, or otherwise, or through condemnation actions in the manner provided in Chapter 3 of Title 28, such lands, easements, or rights-of-ways rights-of-way as are needed to carry out any authorized purpose of the watershed conservation district; and to sell, lease, or otherwise dispose of any of its property or interests therein in furtherance of in the property for the purposes and provisions of this chapter. Provided, however, that the The condemnation of an existing public use shall must be denied unless it can may be shown that the specific property to be condemned is absolutely essential to the district, and the use to be condemned does not materially impair the existing public use;".
SECTION 24. Section 48-15-30(16) of the 1976 Code is amended to read:
"(16) To exercise the rights of eminent domain as provided for in Chapter 3 of Title 28.
Provided, however, that the The condemnation of an existing public use shall must be denied unless it can is be shown that the specific property to be condemned is absolutely essential to the authority and the use to be condemned does not materially impair the existing public use."
SECTION 25. Section 48-15-50 of the 1976 Code is amended to read:
"Section 48-15-50. When political subdivisions of the State submit requests to the authority for works of improvement, and when the authority determines that the works of improvement to be installed is a feasible project and consists entirely of construction of drainage canals, including necessary clearing of vegetation, tidal flood gates, and disposition of excavated materials, according to standards of good drainage and other works of improvement as described in Section 48-15-30, items (9), (10), (11), (12), (13), and (14), the authority shall may by virtue of this chapter, subject to the provisions o Sections 48-15-60 and 48-15-70, have and possess such acquire by any means, including condemnation rights-of-way and easements as necessary to locate, survey, cause to be constructed, and to maintain works of improvement for the purpose of draining wet or overflow lands, or lands subject to overflow; and it is hereby established that such. The drainage or flood prevention shall must be considered public benefits and conducive to public health, convenience, and welfare."
SECTION 26. Section 48-17-30(16) of the 1976 Code is amended to read:
"(16) To exercise the rights of eminent domain as provided for in Chapter 3 of Title 28.
Provided, however, that the The condemnation of an existing public use shall must be denied unless it can is be shown that the specific property to be condemned is absolutely essential to the Authority and the use to be condemned does not materially impair the existing public use."
SECTION 27. Section 48- 17-50 of the 1976 Code is amended to read:
"Section 48-17-50. When political subdivisions of the State submit requests to the Authority for works of improvement, and when the Authority determines that the works of improvement to be installed is a feasible project and consists entirely of construction of floodwater retarding dam and stream channel improvement, including necessary clearing of vegetation, and disposition of excavated material, according to standards of good drainage and other works of improvement as described in Section 48-17-30, items (9), (10), (11), (12), (13), and ( 14), the Authority shall may by virtue of this chapter, subject to the provisions of Sections 48-17-60 and 48-17-70, have and possess such acquire by any means, including condemnation rights-of-way and easements as necessary to locate, survey, cause to be constructed, and to maintain works of improvement for the purpose of flood preventing and draining wet or overflow lands, or lands subject to overflow; and it is hereby established that such. The drainage or flood prevention shall must be considered public benefits and conducive to public health, convenience and welfare."
SECTION 28. Section 49-17-1050 of the 1976 Code is amended to read:
"Section 49-17-1050. If it shall be is necessary to acquire a right of way right-of-way or an outlet over and through lands not affected by the drainage and the right of way right-of-way or outlet cannot is not be acquired by purchase, then the action to secure the condemnation of any right of way right-of-way which may be is necessary for the proper drainage of any drainage district or any part thereof of it and to fix the compensation therefor shall be the same as that provided by Article IX, Section 20 of the Constitution of 1895, and the statutes enacted pursuant thereto, except that such compensation shall be ascertained by a jury of twelve men in a court of record and such damages as may be awarded as compensation shall be paid by the board of drainage commissioners out of the first funds which shall be available from the proceeds of the sale of bonds or otherwise is governed by the Eminent Domain Procedure Act (Chapter 2 of Title 28)."
SECTION 29. Section 49-19-1060 of the 1976 Code is amended to read:
"Section 49-19-1060. If no exceptions are filed or if it is shown upon the hearing of all of the exceptions that the estimated cost of construction of improvements contemplated in the Plan of Reclamation is less than the benefits assessed against the lands in the district, the court shall approve and confirm the commissioners' report.
But if If the court, upon hearing the objections filed, finds that any or all such the objections should must be sustained it shall order the report changed to conform with such the findings and when so changed the court shall approve and confirm such the report and enter its decree accordingly. The court shall adjudge and apportion the costs incurred by the exceptions filed and there shall must be condemned any land or other property, within or without the boundary lines of the district, that is shown by the report of the commissioners to be needed for rights of way rights-of-way, holding basins or other works or that may be needed for material to be used in constructing the works, following, as nearly as possible, the procedure that is now provided for by law for the appropriation of land other property taken for railroads the provisions of the Eminent Domain Procedure Act (Chapter 2 of Title 28).
SECTION 30. Section 49-19-1440(12) of the 1976 Code is amended to read:
"(12) Condemn for the use of the district any land or property within or without the district not acquired or condemned on the report of the commissioners assessing benefits and damages, following the procedure provided by law for the appropriation of land or other property taken for railroad rights of way provisions of the Eminent Domain Procedure Act (Chapter 2 of Title 20).
SECTION 31. Section 50-13-1920 of the 1976 Code is amended to read:
"Section 50-13-1920. The South Carolina Wildlife and Marine Resources Commission may acquire a sufficient number of acres of land in close proximity to any dam, artificial lake, impounded water, or stream for the purpose of establishing fish hatcheries or fish nurseries. In order to carry out the purposes of this section the same power and authority of condemnation is hereby conferred upon the Commission that has been heretofore conferred on State agencies under the State Authorities Eminent Domain Act, Chapter 3 of Title 28. The Commission may exercise the power of eminent domain if necessary to accomplish this purpose."
SECTION 32. Section 50-19-1320 of the 1976 Code is amended to read:
"Section 50-19-1320. In order to carry out the purposes of this article the power and authority of condemnation is hereby conferred upon the South Carolina Wildlife and Marine Resources Commission. This The power shall must be exercised to condemn only such property as is necessary, useful, or convenient for the purposes of this article. All land acquired shall must be in fee simple and just compensation shall must be paid therefor for it. The condemnation procedure shall be the same as provided for in Section 28-3-40 to 28-3-140."
SECTION 33. Section 51-13-780 of the 1976 Code is amended to read:
"Section 51-13-780. For the acquiring of rights-of-way and property necessary for the construction of structures, including piers, ships, docks, quays, and other riparian and littoral facilities and structures and approaches thereto to them and transportation facilities needful for the their convenient use thereof and highways, causeways, and bridges and for the acquiring of property necessary for the Patriot's Point development project, all or any of such purposes, the Authority may purchase them by negotiation or may condemn them, and should it elect to exercise the right of eminent domain, condemnation proceedings shall be maintained by and in the name of the Authority, and it may proceed in the manner provided by the laws of the State for procedure by any county, municipality or authority organized under the laws of this State, by the State Highway Department, by railroad corporations or in any other manner provided by law as the Authority may in its discretion, elect. The power of eminent domain shall apply not only as to all property of private persons or corporations but also as to property already devoted to public use within the area of jurisdiction of the Authority."
SECTION 34. Section 54-3-150 of the 1976 Code is amended to read:
"Section 54-3-150. For the acquiring of rights of way rights-of-way and property necessary for the construction of terminal railroads and structures, including railroad crossings, airports, seaplane bases, naval bases, wharves, piers, ships, docks, quays, elevators, compresses, refrigerator storage plants, warehouses, and other riparian and littoral terminals and structures and approaches thereto to them and transportation facilities needful for the their convenient use thereof and belt line roads and highways, causeways, and bridges and other bridges and causeways, and for the acquiring of property necessary for the river development project known as the Savannah River Project Below Augusta, and for the acquiring of property necessary for the development of a harbor or harbors within this State on the Savannah River, all or any of such purposes, the Authority may purchase the same them by negotiation, or may condemn them and should it elect to exercise the right of eminent domain, condemnation proceedings shall be maintained by and in the name of the Authority and it may proceed in the manner provided by the laws of the State for procedure by any county, municipality or authority organized under the laws of this State, by the State Highway Department, by railroad corporations or in any other manner provided by law, as the Authority may, in its discretion, elect. The power of eminent domain shall apply not only as to all property of private persons or corporations but also as to property already devoted to public use."
SECTION 35. Section 55-9-80 of the 1976 Code is amended to read:
"Section 55-9-80. When necessary in order to provide unobstructed airspace for the landing and taking off of aircraft utilizing airports and landing fields acquired or maintained under the provisions of this chapter, the Commission and the counties, municipalities, and other subdivisions of this State may acquire such air rights over private property as are necessary to ensure safe approaches to the landing areas of such the airports and landing fields and for the purpose of establishing and protecting aeroplane landing fields. Such air rights may be acquired by grant, purchase, lease, or condemnation in the manner provided in Sections 55-9-100 to 55-9-180 pursuant to the provisions of the Eminent Domain Procedure Act (Chapter 2 of Title 28).
SECTION 36. Section 55-11-10(6) of the 1976 Code is amended to read:
"(6) Acquire property, real and personal, or any interest therein in it, by gift, purchase, condemnation, devise, lease, or otherwise, as may be required in the development and operation of a public airport; provided, that condemnation proceedings, if any, shall conducted in accordance with the procedures provided for by Chapter 3 of Title 28".
SECTION 37. Section 57-3-700 of the 1976 Code is amended to read:
"Section 57-3-700. With the approval of the State Highway Commission, such the county officials may designate the Department, acting through its agents and employees, as agents of the county in securing necessary rights of way rights-of-way and other lands. In case of such designation, the Commission, or any three members thereof, may exercise the powers of condemnation, for and on behalf of the county, following the procedure established by law to govern the condemnation of the property for State highway purposes."
SECTION 38. Section 57-5-370 of the 1976 Code is amended to read:
"Section 57-5-370. Whenever the Department is required or authorized by law to construct or improve streets within municipalities, the municipality or the Department may condemn such additional land as may be necessary for the improvement of such the streets or such property within such the municipality as may be required for materials with which to construct highway embankments and surfacing. For the purpose of carrying out the provisions of this section, the condemnation procedure prescribed by this article shall be followed."
SECTION 39. Section 57-5-380 of the 1976 Code is amended to read:
"Section 57-5-380. The Department, for the purpose of acquiring property as authorized by Section 57-5-320, may condemn lands, rights of way rights-of-way and easements of railroad, railway, telegraph, or other public service corporations. The condemnation does not impair the ability of the railroad, railway, telegraph, or other public service corporations to operate. In any condemnation proceeding instituted by the Department under this section, benefits to be derived by reason of the proposed highway construction shall be taken into consideration in determining the amount of compensation, in any, to be awarded to the corporation whose property is condemned. For the purpose of carrying out the provisions of this section, the condemnation procedure prescribed by this article shall be followed."
SECTION 40. Section 57-21-200 of the 1976 Code is amended to read:
"Section 57-21-200. The governing body of the county may, in order to carry out the purposes of this chapter, condemn for such purpose land, rights of way rights-of-way, and easements, whether the same by they are owned by private corporations or individuals, such right of condemnation to be exercised in the same manner as is now prescribed for condemnation of rights of way by counties under Sections 57-17-20 and 57-17-320 to 57-17-390."
SECTION 41. Section 57-25-190(c) of the 1976 Code is amended to read:
"(c) Just compensation for any advertising sign, display, or device and for any property rights pertaining thereto, when such advertising devices are required to be removed under the provisions of this article, shall be ascertained in a manner presently provided by law for acquisition of real property needed for construction of highways in Title 57. No sign or other advertising device shall may be removed until the owner of the property on which it is located has been fully compensated for any loss which will may be suffered by him as a result of the removal of such the sign or device through the termination of a lease or other financial arrangement with the owner of the sign or device. Such The compensation shall include any damage to the landowner's property occasioned by the removal of such the sign or device. The State Highway Department of Highways and Public Transportation shall be is limited to an expenditure of five million dollars for the State of South Carolina's part of just compensation."
SECTION 42. Section 57-25-470 of the 1976 Code is amended to read:
"Section 57-25-470. (a) The State Highway Department of Highways and Public Transportation is authorized to may acquire by purchase, gift, or condemnation, and shall pay just compensation upon the removal of the following outdoor advertising signs, displays, and devices:
(1) Those those lawfully in existence on October 22, 1965.;
(2) Those those lawfully erected on or after May 6, 1969.
(b) Such compensation is authorized to Compensation may be paid only for the following:
(1) The the taking from the owner of such a sign, display, or device of all right, title, leasehold, and interest in such the sign, display, or device; and
(2) The the taking from the owner of the real property on which the sign, display, or device is located, of the right to erect and maintain such signs, displays, and devices thereon.
(c) Just compensation for any advertising sign, display, or device, and for any property rights pertaining thereto, when such advertising devices are required to be removed under the provisions of this article, shall be ascertained in a manner presently provided by law for acquisition of real property needed for construction of highways, in Title 57."
SECTION 43. Section 57-25-680 of the 1976 Code is amended to read:
"Section 57-25-680. (a) The State Highway Department of Highways and Public Transportation is authorized to may acquire by purchase, gift, or condemnation, and shall pay just compensation upon the removal of the following outdoor advertising signs, displays, and devices:
(1) Those those lawfully in existence on October 22, 1965.;
(2) Those those lawfully erected on or after June 11, 1969.
(b) Such compensation is authorized to Compensation may be paid only for the following:
(1) The the taking from the owner of such the sign, display, or device of all right, title, leasehold, and interest in such the sign, display, or device; and
(2) The the taking from the owner of the real property on which the sign, display, or device is located, of the right to erect and maintain such signs, displays, and devices thereon.
(c) Just compensation for any advertising sign, display, or device, and for any property rights pertaining thereto, when such advertising devices are required to be removed under the provisions of this article, shall ascertained in a manner presently provided by law for acquisition of real property needed for construction of highways, in Title 57."
SECTION 44. Section 57-27-70 of the 1976 Code is amended to read:
"Section 57-27-70. When the South Carolina State Highway Department of Highways and Public Transportation determines that the topography of the land adjoining the highway will does not permit adequate screening of a junkyard or the screening of the junkyard would not be economically feasible, the Department shall have the authority to may acquire by gift, purchase, exchange, or condemnation, such interests in lands as may be necessary to secure the relocation, removal, or disposal of the junkyards; and to pay for the costs of relocation, removal, or disposal, thereof. When the Department determines that it is in the best interest of the State it may acquire such lands, or interests in lands, as may be necessary to provide adequate screening of such junkyards. The Department may exercise the power of eminent domain in the manner presently provided by law for acquisition of real property needed for construction of highways in Title 57, whenever it is necessary, in the Judgment of the Department, to acquire such lands, or interests therein, by condemnation."
SECTION 45. Section 58-9-2030 of the 1976 Code is amended to read:
"Section 58-9-2030. Whenever any telegraph or telephone company desires to construct its lines on, over, or under the lands of any person, other than a railroad or railway, and fails to agree with the owner of such the lands upon the compensation to be paid as damages for such the right and use, such the company may secure such the right and privilege by the institution and prosecution of condemnation actions against such the landowners, as provided for and authorized in Sections 58-15-1210 to 58-15-1380, providing for securing to railroads a right of way in this State."
SECTION 46. Section 58-15-410 of the 1976 Code is amended to read:
"Section 58-15-410. When a canal company is organized under this chapter it shall have has all the powers and privileges of electric light and power companies under the laws of this State and may own, build, maintain, purchase, lease, and operate the canal or canals specified in its charter and, in connection therewith, may build, maintain, purchase, lease, own, and operate all dams, locks, reservoirs, feeders, basins, wharves, appurtenances, ways, means, and appliances necessary to such a canal. Any such canal company may acquire by lease or purchase the lands necessary for the above purposes and when the canal is to be kept open for the use of the public for navigation, the company may condemn such lands as may be necessary to that end and such condemnation may be had in the manner now provided by law in the case of railroad rights of way perform its purpose."
SECTION 47. Section 58-17-1200 of the 1976 Code is amended to read:
"Section 58-17-1200. For the purposes mentioned in Section 58-17-1190 authority and power are hereby granted to any such railroad company to may acquire by purchase or gift and to hold such real estate as may be necessary, and if such the real estate cannot be is not acquired by purchase or gift, to the railroad company may acquire it by condemnation in the manner provided in Sections 58-15-1210 to 58-15-1370."
SECTION 48. Section 58-19-30(5) of the 1976 Code is amended to read:
" (5) To have exercise the power of eminent domain. If the Commission should elect to exercise its right of eminent domain, condemnation proceedings must be maintained by and in the name of the Commission, and it may proceed in the same manner as provided by law for any county, municipality, or authority, the Department of Highways and Public Transportation, railroad, corporation, or in any other manner provided by law, specifically including Chapter 5, Title 28; Article 3, Chapter 5, Title 57; and Article 13, Chapter 15, Title 58, Code of Laws of South Carolina, 1976, as the Commission may in its discretion elect. The Commission also may alee acquire the rights-of-way of abandoned railroads by gift or purchase;".
SECTION 49. Section 58-27-130 of the 1976 Code is amended to read:
"Section 58-27-130. Subject to the same duties and liabilities, all the rights, powers, and privileges conferred upon telegraph and telephone companies to acquire rights of way rights-of-way for the construction, maintenance, and operation of lines under Sections 58-9-2020 to 2030 58-9-2030 are hereby granted unto electric lighting and power companies incorporated under the laws of this State, or to such those companies incorporated under the laws of any other state which have complied with the laws of this State regulating foreign corporations doing business in this State, and to State state authorities and rural electric cooperatives, and the right is also granted to such those companies and authorities and rural electric cooperatives to acquire fee simple title or an easement in land by a condemnation action, for the construction of electric generating plants, substations, switching stations, and impounding of waters to be used in conjunction with electric generating plants;. however, no No property or rights used for the generation or transmission of electricity, or devoted to public use for such purposes, shall be condemned hereunder."
SECTION 50. Section 58-31-50 of the 1976 Code is amended to read:
"Section 58-31-50. The Public Service Authority shall have the right to may acquire by purchase, gift, condemnation, or in any other manner, any lands, waters, water rights, riparian rights, flowage rights, easements, licenses, franchises, engineering data, construction plans, or estimates prepared for the development of the Cooper River and Santee River or any other real or personal property necessary or useful in carrying out any of its purposes or exercising any of its powers; but provided, however, that before the board of directors can may acquire and pay for, without condemnation as herein provided, any plans, specifications, franchises, or any kind of property of whatsoever nature, belonging to or to belong to any private corporation heretofore previously chartered by this State or any other state for the purpose of developing the Santee-Cooper project, a full report of said the proposed purchase shall must be submitted in writing to the advisory board, which board shall order a public hearing on said the proposed purchase and due notice of said the hearing shall must be given by advertisement to be published in at least three daily papers published in the State twice each week for two consecutive weeks. The said advisory board shall carefully investigate said the proposed purchase, and shall file its report in writing with the Secretary of State and the board of directors of the Public Service Authority. If said the report shall recommend recommends a price for the proposed purchase, the board of directors may forthwith enter into a contract to for the purchase the same; if said the report shall disapprove disapproves said the proposed purchase, the board of directors may submit any amended proposed agreement, which shall must be heard by the advisory board in the same manner, or shall proceed with condemnation proceedings as herein provided for; the price to be paid to any private corporation for any of its property shall be is subject to the approval of the original purchaser of the first notes, bonds, or other evidences evidence of indebtedness issued under this chapter. The Public Service Authority shall have the right, power and privilege to condemn and take by of eminent domain to carry out the purposes of this chapter. any or all of the rights and property which under the terms of this chapter it is empowered to acquire. Any such condemnation proceedings shall be instituted and prosecuted in the manner provided for and authorized in Article 13 of Chapter 15 of this title, providing for securing to railroads a right of way in this State. Without limiting the generality of the foregoing, the Public Service Authority shall also have all the rights, powers and privileges conferred upon telegraph and telephone companies under Sections 58-9-2020 to 58-9-2140 and also the rights, powers and privileges conferred upon water-power reservoir companies under Section 49-9-10 to 49-9-70."
SECTION 51. Section 59-19-200 of the 1976 Code is amended to read:
"Section 59-19-200. In case any owner of any such lot or parcel of land as aforesaid shall refuse refuses to sell the same it or shall demand demands what may be deemed considered by such the authorities an unreasonable price, then such the authorities shall notify such owner that the land is required for such purposes and that application will be made to the clerk of court of common pleas for the drawing of a jury in condemnation to determine and fix upon the true and real value of such land and any damage to other lands of the owner by reason of the taking thereof may proceed to condemn the land pursuant to the Eminent Domain Procedure Act (Chapter 2 of Title 28)."
SECTION 52. Section 59-105-40(7) of the 1976 Code is amended to read:
" (7) To condemn land for corporate purposes as provided in Chapter 5 of Title 28, as amended."
SECTION 53. Section 59-117-70 of the 1976 Code is amended to read:
"Section 59-117-70. The trustees of the University of South Carolina may, in their discretion, make use of the provisions of Chapter 5 of Title 28 the Eminent Domain Procedure Act (Chapter 2 of Title 28) to acquire land for which funds are provided by the General Assembly."
SECTION 54. Section 59-123-90 of the 1976 Code is amended to read:
"Section 59-123-90. The board of trustees of The Medical University of South Carolina is vested with the power of eminent domain and may exercise such authority pursuant to the methods of condemnation authorized in Chapter 5 of Title 28. The authority granted in this section shall apply applies only to private lands. The lands condemned must be used by The Medical University in the performance of its functions in the acquisition, construction, and operation of facilities for the University. Any new construction undertaken by The Medical University within the corporate limits of the City of Charleston shall must be done in compliance with the parking regulations and ordinances of that city to the degree that the number of parking spaces required by such the regulations and ordinances shall must be provided on Medical University property."
SECTION 55. Sections 28-1-10, 28-1-20, 28-1-30, 28-3-10, 28-3-40, 28-3-50, 28-3-60, 28-3-70, 28-3-80, 28-3-90, 28-3-100, 28-3-110, 28-3-130, 28-5-10, 28-5-20, 28-5-30, 28-5-40, 28-5-50, 28-5-60, 28-5-70, 28-5-80, 28-5-90, 28-5-100, 28-5-110, 28-5-120, 28-5-130, 28-5-140, 28-5-150, 28-5-160, 28-5-170, 28-5-180, 28-5-190, 28-5-200, 28-5-210, 828-5-220, 28-5-230, 28-5-240, 28-5-250, 28-5-260, 28-5-270, 28-5-280, 28-5-290, 28-5-300, 28-5-310, 28-5-320, 28-5-330, 28-5-340, 28-5-350, 28-5-360, 28-5-370, 28-5-380, 28-5-390, 28-7-10, 28-7-20, 28-7-30, 28-7-40, 28-9-10, 28-9-20, 28-9-30, 28-9-40, 28-9-50, 28-9-60, 28-9-70, 28-9-80, 28-9-90, 28-9-100, 28-9-110, 31-3-470, 31-3-480, 31-3-490, 48-15-60, 48-15-70, 48-15-80, 48-17-60, 48-17-70, 48-17-80, 49-1-70, 49-13-10, 49-13-20, 49-13-30, 49-13-40, 49-13-50, 49-13-60, 49-13-70, 49-13-80, 49-19-2670, 55-9-60, 55-9-100, 55-9-110, 55-9-120, 55-9-130, 55-9-140, 55-9-150, 55-9-160, 55-9-170, 55-9-180, 57-5-360, 57-5-390, 57-5-400, 57-5-410, 57-5-420, 57-5-430, 57-5-440, 57-5-450, 57-5-460, 57-5-470, 57-5-480, 57-5-490, 57-5-500, 57-5-510, 57-5-520, 57-5-530, 57-5-560, 57-17-320, 57-17-330, 57-17-340, 57-17-350, 57-17-360, 57-17-370, 57-17-380, 57-17-390, 58-9-2040, 58-9-2050, 58-9-2060, 58-9-2070, 58-9-2080, 58-9-2090, 58-9-2110, 58-9-2120, 58-9-2130, 58-9-2140, 58-15-1210, 58-15-1220, 58-15-1230, 58-15-1240, 58-15-1250, 58-15-1260, 58-15-1270, 58-15-1280, 58-15-1290, 58-15-1300, 58-15-1310, 58-15-1320, 58-15-1330, 58-15-1340, 58-15-1350, 58-15-1360, 58-15-1370, 59-19-210, 59-19-220, 59-19-230, and 59-19-240 of the 1976 Code are repealed.
SECTION 56. This act takes effect nine months from approval by the Governor. It covers all condemnation actions filed on or after its effective date./
Amend title to conform.
Reps. TOAL, WILKINS, GENTRY, BAXLEY and CLYBORNE proposed the following Amendment No. 2 (Doc. No. 4832Y), which was adopted.
Amend the report of the Judiciary Committee, as and if amended, by striking item (2) on page 135-1 and inserting:
/(2) The costs to the State and its political subdivisions of the exercise of these powers are great, both in terms of the expenses of the property acquired and in terms of the litigation expenses which often precede these acquisitions./
Amend the report further, as and if amended, by inserting after /condemnor/ on the last line of item (3) of Section 28-2-90 of the 1976 Code on page 135-6 the following: /pursuant to Section 28-2-70 (A)/.
Amend the report further, as and if amended, by striking item (4) of Section 28-2-90 of the 1976 Code as contained on page 135-6 and inserting:
/(4) upon payment to the owner or deposit with the clerk of court of the amount determined by the appraisal panel or awarded by the judgment in the condemnation action./
Amend the report further, as and if amended, by striking /deeds or if/ as contained on line 40 of page 135-11 and inserting: /deeds. If/.
Amend the report further, as and if amended, by striking item (E) of Section 28-2-270 of the 1976 Code as contained on page 135-12 and inserting:
/(E) If the appraisal panel fails to make a determination of just compensation within the time allowed or an extension thereof, if any, the panel chairman shall certify this fact in writing to the condemnor, a copy of which the condemnor shall serve upon the landowner and file with the clerk of court which shall have the same effect as appeal by both the condemnor and the landowner from a determination of the appraisal panel./
Amend the report further, as and if amended, by inserting immediately after /court/ on line 8 of page 135-15 /upon the condemnor's request/.
Amend the report further, as and if amended, by striking /thirty/ on line 21 of page 135-15 and inserting /twenty/.
Amend the report further, as and if amended, by striking item (B) of Section 28-2-340 of the 1976 Code as contained on page 135-18 and inserting:
/(B) Upon motion of either party, the court shall permit the jury to inspect the property which is the subject of the action, and if the trial is without a jury, the court shall make the inspection./
Amend the report further, as and if amended, by striking Section 28-3-30 of the 1976 Code as contained in SECTION 19 and inserting:
/SECTION 19. Section 28-3-30 of the 1976 Code is amended to read:
"Section 28-3-30. For the general welfare of the State and in the public interest, and to provide for the payment of just compensation on account thereof through the exercise of the right Any public body exercising the power of eminent domain by said authority established by the State for purposes defined set forth in Section 28-3-20, a method of condemnation procedure, as hereinafter more fully provided, is hereby established whereby such State authority may exercise the right of eminent domain. The power of condemnation and the method of condemnation procedure shall include and be applicable to the condemnation of property necessary or useful or convenient for the public purposes herein mentioned, including all lands or interests therein which may be necessary or useful or convenient in the construction of dams, canals, locks, powerhouses or reservoirs, and including borrow pits, flowage rights, waters, water rights, riparian rights, easements, rights of way, and all other rights necessary or useful or convenient in carrying out the purposes of said State authority. Unless said State authority shall state in the notice to owners hereinafter provided for that it seeks to acquire an estate other than one in fee simple, all properties to be acquired under the terms and provisions of this chapter which said authority shall determine are to be actually covered by impounded water, or occupied by dams, structures, or borrow pits shall be in fee simple and all lands between shall, in the area determined by the maximum high-water mark, as established by said State authority resulting from its activity and a line not exceeding one hundred lineal feet beyond the maximum such high-water mark, of water impounded or to be impounded, and within a reasonable distance from any dam, dike or structure, shall be in fee simple, but said State authority shall arrange to permit the previous owner of said the one hundred foot strip, and his heirs and assigns, to pass over and across said the strip which may be acquired hereunder under this section, and any and all lands of said the state authority which are not actually covered with water at convenient places for purposes of ingress and egress to the reservoirs of said the State state authority, which right shall must be exercised so that the same will it shall not interfere with any dams, dikes, structures, and buildings of said the State state authority or the application and use of said the State state authority of proper health and sanitation measures, and said the strip and all of the lands acquired by the authority may be controlled by the authority for health and sanitation measures to the extent of exclusion of the public from said the strip and lands at such all times as may be necessary;. provided, however, that, if the lands, or any portion thereof, acquired by said State authority hereunder are not occupied for the purposes of erecting dams, dikes and structures, including lands acquired near said dams, dikes and structures for purposes of protecting said dams, dikes and structures and for purposes of obtaining materials for maintenance, and the one hundred feet strip from said maximum high-water mark, and unless said lands above the dams, dikes and structures are actually covered with water, within a period of five years from the date of acquiring lands hereunder, the owner of any tracts of land acquired by said State authority under this chapter shall have the absolute right to repurchase said lands from said State authority of the amount paid by said State authority to said owner less any damages which said lands may sustain by reason of said State authority having occupied the same, together with depreciation in value of said lands and any special damages which the owner may have sustained by reason of said State authority having acquired said land hereunder. If the owner and the said State authority should fail to agree upon the amount of damages as above specified, which shall be deducted from the amount to be repaid by said owner, then said damages shall be ascertained and established under the procedure herein provided for the acquisition of lands by appointment of referees and with full right of appeal to both parties as provided for in the original acquisition hereunder. Unless the owner shall exercise his right to repurchase said lands within a period of one year from the expiration of the five years above provided, then said right shall cease upon the authority giving to said owner ninety days' notice that said right will expire at the end of said ninety days. Such State authority shall The Public bodies may also have the right to acquire by condemnation all water and flowage rights in any and all land in the vicinity of said the projects specified in Section 28-3-20 which it may determine to be necessary, useful, or convenient, or which might be damaged by reason of the construction or operation of such the projects, and on such those lands the State authority public bodies may establish such health control measures as may be necessary."/
Amend title to conform.
Reps. TOAL, WILKINS, BAXLEY, CLYBORNE and GENTRY proposed the following Amendment No. 3, which was adopted.
Amend the Bill, as and if amended, by striking Section 58-9-2030, as contained in Section 45 and inserting therein the following:
"Section 58-9-2030. Whenever any telegraph or telephone company desires to construct its lines on, over, or under the lands of any person, including a railroad or railway, and fails to agree with the owner of the lands upon the compensation to be paid as damages for the right and use, the company may secure the right and privilege by condemnation actions against the condemnees; provided, however, in condemning railroad or railway property, the telegraph or telephone company agree to remove at its own expense, any of its poles, wires, structures, or appurtenances if at any time their existence interferes with the right of the defendant railroad or railway company to construct additional tracks, switches, crossings, warehouses, depots, turntables, water tanks, or any other structures for the use of such railroad or railway company upon reasonable notice given it, at its expense, to such other points or places upon such right of way as may be agreed by such companies and agreeing not to interfere or come in contact with any other telegraph or telephone lines already constructed on such right of way."
Rep. TOAL explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
Rep. TOAL asked unanimous consent that S. 135 be read a third time tomorrow.
Rep. KLAPMAN objected.
The SPEAKER granted Reps. PEARCE and ALTMAN a leave of absence to attend a Coastal Council Meeting.
The following Bill was taken up.
S. 84 -- Senators McConnell and Hinson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-21-15 SO AS TO PROVIDE THAT NO STATE AGENCY OR DEPARTMENT MAY CHARGE A FEE FOR PERFORMING ANY DUTY, RESPONSIBILITY, OR FUNCTION UNLESS THE FEE IS AUTHORIZED AND SET BY STATUTORY LAW AND TO DEFINE STATUTORY LAW.
The Ways and Means Committee proposed the following Amendment No. 1 (Doc. No. 4213Y).
Amend the bill, as and if amended, by striking SECTION 1, beginning on page 1, and inserting:
/SECTION 1. Chapter 21 of Title 8 of the 1976 Code is amended by adding:
"Section 8-21-15. (A) No state agency, department, board, committee, commission, or authority, after January 1, 1987, initially may set a fee for performing any duty, responsibility, or function unless the fee for performing the particular duty, responsibility, or function is authorized by statutory law and set by regulation except as provided in this section.
(B) This section does not apply to:
(1) state-supported governmental health care facilities;
(2) state-supported schools, colleges, and universities;
(3) educational, entertainment, recreational, cultural, and training programs;
(4) the State Board of Financial Institutions;
(5) sales by state agencies of goods or tangible products produced for or by these agencies;
(6) charges by state agencies for room and board provided on state-owned property;
(7) application fees for recreational activities sponsored by state agencies and conducted on a draw or lottery basis.
(C) This section does not prohibit a state agency, department, board, committee, or commission from charging fees for services provided to other state agencies, departments, boards, committees, commissions, or political subdivisions regardless of whether the fee is set by statute.
(D) Statutory law for purposes of this section does not include regulations promulgated pursuant to the state Administrative Procedures Act."/
Amend title to conform.
Rep. CARNELL explained the amendment.
Rep. LEWIS objected to the Bill.
Rep. McTEER moved to adjourn debate upon the Bill until Tuesday, May 19, 1987, which was adopted.
The following Bill was taken up.
H. 2486 -- Rep. Nettles: A BILL TO AMEND SECTION 56-1-440, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR DRIVING WITHOUT A LICENSE, SO AS TO INCREASE THE PENALTY.
The Judiciary Committee proposed the following Amendment No. 1 (Doc. No. 4146Y), which was adopted.
Amend the bill, as and if amended, in Section 56-1-440 of the 1976 Code, as contained in SECTION 1, line 7, by striking /one/ and inserting /two/; on line 11, by striking /on/ and inserting /on and/; on line 12, by inserting after /sixty/ /consecutive/; on line 12, by striking /, or both,/; on line 14, by striking /forty-five/ and inserting /ninety/; and on line 15, by inserting after /months/ /, no portion of which may be suspended by the trial judge/ so that when amended Section 56-1-440 shall read:
/Section 56-1-440. Any person who drives a motor vehicle on any public highway of this State without a driver's license in violation of Section 56-1-220 shall be is guilty of a misdemeanor and upon conviction of a first offense must be fined not less than twenty-five dollars nor more than fifty two hundred dollars or imprisoned for thirty days and, upon conviction of a second or subsequent offense, be fined not less than fifty dollars nor more than five hundred dollars or and imprisoned for thirty sixty consecutive days and for a third and subsequent offense must be imprisoned for not less than ninety days nor more than six months, no portion of which may be suspended by the trial judge./"
Amend title to conform.
Rep. WILKINS explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bills were taken up, read the second time, and ordered to a third reading:
H. 2523 -- Reps. Harvin, Neilson, Baxley, Moss, Nesbitt, Wells, Hearn, Simpson and Waldrop: A BILL TO AMEND SECTION 16-17-590, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DAMAGE TO CEMETERIES, SO AS TO REVISE THE PROVISIONS DETAILING THE OFFENSES INVOLVING THE DAMAGE, TO PROVIDE PENALTIES, AND TO EXEMPT ARCHAEOLOGISTS; AND TO AMEND SECTION 16-17-600, RELATING TO DESTRUCTION OF GRAVES, SO AS TO REVISE THE PROVISIONS DETAILING THE OFFENSES INVOLVING THE DESTRUCTION, TO PROVIDE PENALTIES, TO EXEMPT ARCHAEOLOGISTS, AND TO PROVIDE FOR REPAIR AND REPLACEMENT.
H. 2676 -- Reps. Wilkins, Clyborne, H. Brown, Baxley, Tucker, Nettles, Toal, Gentry, Haskins, Arthur, D. Martin, Hendricks, McElveen, Wilder, McEachin, J.W. Johnson and Hayes: A BILL TO AMEND SECTION 44-53-445, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DISTRIBUTION OF A CONTROLLED SUBSTANCE WITHIN A CERTAIN PROXIMITY OF A SCHOOL, SO AS TO PROVIDE THAT THIS CRIMINAL OFFENSE IS A FELONY, PROVIDE DIFFERENT PENALTIES FOR THE CRIMINAL OFFENDER WHO WAS LESS THAN TWENTY-ONE YEARS OF AGE AT THE TIME HE COMMITTED THE ACT AND FOR THE OFFENDER WHO WAS TWENTY-ONE YEARS OF AGE OR OLDER AT THE TIME HE COMMITTED THE ACT, AND CHANGE THE TERM "PRESUMPTIONS" IN THE SECTION TO "INFERENCES"; AND TO AMEND SECTION 16-1-10, AS AMENDED, RELATING TO CRIMES CLASSIFIED AS FELONIES, SO AS TO INCLUDE THE CRIME CONTAINED IN SECTION 44-53-445.
Rep. WILKINS explained the Bill.
The following Bill was taken up.
H. 2563 -- Rep. Gentry: A Bill TO AMEND ARTICLE 5, CHAPTER 23, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MISCELLANEOUS OFFENSES INVOLVING WEAPONS, BY ADDING SECTION 16-23-530 SO AS TO MAKE IT UNLAWFUL TO INTENTIONALLY DISCHARGE A WEAPON ACROSS A PUBLIC ROAD, AND PROVIDE A PENALTY FOR VIOLATION AND TO EXEMPT FROM THE PROVISIONS OF THIS SECTION ANY LAW ENFORCEMENT OFFICER IN THE LAWFUL EXERCISE OF HIS OFFICIAL DUTIES.
Reps. R. BROWN, McEACHIN, LOCKEMY and G. BAILEY objected to the Bill.
The following Bill was taken up.
H. 2670 -- Reps. Hodges and Limehouse: A BILL TO AMEND SECTION 50-9-250, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR VIOLATIONS OF CERTAIN HUNTING LICENSE PROVISIONS, SO AS TO DELETE THE AUTHORITY OF THE COURT TO IMPOSE BOTH A MONETARY PENALTY AND INCARCERATION.
Rep. HODGES explained the Bill.
Rep. FOXWORTH moved to commit the Bill to the Committee on Agriculture and Natural Resources, which was agreed to.
The following was received.
The General Assembly
Columbia, S. C.
May 13, 1987
The COMMITTEE OF FREE CONFERENCE, to whom was referred: H. 2263
H. 2263 -- A BILL TO AMEND CHAPTER 4 OF TITLE 30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FREEDOM OF INFORMATION ACT, BY ADDING SECTION 30-4-15 SO AS TO SET FORTH THE PUBLIC POLICY OF THAT CHAPTER AND PROVIDE THE BASIS FOR CONSTRUING IT; TO AMEND SECTION 30-4-20, RELATING TO DEFINITIONS UNDER THE FREEDOM OF INFORMATION ACT, SO AS TO ADD LANGUAGE TO DEFINE FURTHER THE TERM "PUBLIC BODY", AND TO ADD AND DELETE LANGUAGE UNDER THE DEFINITION OF "PUBLIC RECORD"; TO AMEND SECTION 30-4-30, RELATING TO THE RIGHT TO INSPECT OR COPY PUBLIC RECORDS, FEES, AND NOTIFICATION AS TO PUBLIC AVAILABILITY OF RECORDS, SO AS TO PROVIDE THAT IF THE REQUEST FOR PRODUCTION IS GRANTED, THE RECORD MUST BE FURNISHED OR MADE AVAILABLE FOR INSPECTION OR COPYING, AND TO PROVIDE THAT IF WRITTEN NOTIFICATION OF THE DETERMINATION OF THE PUBLIC BODY AS TO THE AVAILABILITY OF THE REQUESTED PUBLIC RECORD IS NEITHER MAILED NOR PERSONALLY DELIVERED TO THE PERSON REQUESTING THE DOCUMENT WITHIN A CERTAIN PERIOD OF TIME, THE REQUEST MUST BE CONSIDERED APPROVED; TO AMEND SECTION 30-4-40, RELATING TO MATTERS EXEMPT FROM DISCLOSURE UNDER THE FREEDOM OF INFORMATION ACT, SO AS TO PROVIDE FOR THE EXEMPTION OF THE COMPENSATION OF FULL-TIME EMPLOYEES AT OR BELOW THE LEVEL OF FIFTY THOUSAND DOLLARS ANNUALLY, PROVIDE FOR THE EXEMPTION OF INFORMATION RELATIVE TO THE IDENTITY OF THE MAKER OF A GIFT TO A PUBLIC BODY UNDER CERTAIN CONDITIONS AND DEFINE "GIFT TO A PUBLIC BODY", AND REQUIRE THE PUBLIC BODY, UNDER CERTAIN CONDITIONS, TO MAKE NONEXEMPT MATERIAL AVAILABLE IN ACCORDANCE WITH THE REQUIREMENTS OF CHAPTER 4 OF TITLE 30; TO AMEND SECTION 30-4-70, RELATING TO MEETINGS WHICH MAY BE CLOSED UNDER THE FREEDOM OF INFORMATION ACT AND EXECUTIVE SESSIONS OF THE GENERAL ASSEMBLY, SO AS TO, AMONG OTHER THINGS, PROVIDE THAT THE DISCUSSION OF CERTAIN MATTERS CONCERNING AN EMPLOYEE, A STUDENT, OR A PERSON REGULATED BY A PUBLIC BODY MAY BE HELD IN A MEETING CLOSED TO THE PUBLIC, DELETE CERTAIN LANGUAGE, AND REQUIRE THE PRESIDING OFFICER TO ANNOUNCE THE SPECIFIC PURPOSE OF AN EXECUTIVE SESSION REGARDING A PUBLIC AGENCY; TO AMEND SECTION 30-4-80, RELATING TO NOTICE OF MEETINGS OF PUBLIC BODIES UNDER THE FREEDOM OF INFORMATION ACT, SO AS TO REQUIRE ALL PUBLIC BODIES TO NOTIFY PERSONS OR ORGANIZATIONS, AND OTHERS, OF THE TIMES, DATES, PLACES, AND AGENDA OF ALL PUBLIC MEETINGS; AND TO AMEND SECTION 30-4-100, RELATING TO INJUNCTIVE RELIEF, COSTS, AND ATTORNEY'S FEES UNDER THE FREEDOM OF INFORMATION ACT, SO AS TO, AMONG OTHER THINGS, ALLOW ANY CITIZEN OF THE STATE TO APPLY TO THE CIRCUIT COURT FOR EITHER OR BOTH A DECLARATORY JUDGMENT AND INJUNCTIVE RELIEF TO ENFORCE CHAPTER 4 OF TITLE 30 AS LONG AS APPLICATION IS MADE NO LATER THAN ONE YEAR (RATHER THAN SIXTY DAYS) FOLLOWING THE DATE ON WHICH THE ALLEGED VIOLATION OCCURS OR ONE YEAR AFTER A PUBLIC VOTE IN PUBLIC SESSION (RATHER THAN SIXTY DAYS AFTER RATIFICATION OF SUCH ACT IN PUBLIC SESSION), WHICHEVER COMES LATER, AND PROVIDE THAT A VIOLATION OF CHAPTER 4 TITLE 30 MUST BE CONSIDERED TO BE AN IRREPARABLE INJURY FOR WHICH NO ADEQUATE REMEDY AT LAW EXISTS.
Beg leave to report that they have duly and carefully considered the same and recommend:
That the same do pass with the following amendments:
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/SECTION 1. Chapter 4 of Title 30 of the 1976 Code is amended by adding:
"Section 30-4-15. Public policy; construction. The General Assembly finds that it is vital in a democratic society that public business be performed in an open and public manner so that citizens shall be advised of the performance of public officials and of the decisions that are reached in public activity and in the formulation of public policy. Toward this end, provisions of this chapter must be construed so as to make it possible for citizens, or their representatives, to learn and report fully the activities of their public officials at a minimum cost or delay to the persons seeking access to public documents or meetings."
SECTION 2. Section 30-4-20(a) of the 1976 Code is amended to read:
"(a) 'Public body' means any department of the State, any state board, commission, agency, and authority, any public or governmental body or political subdivision of the State, including counties, municipalities, townships, school districts, and special purpose districts, or any organization, corporation, or agency supported in whole or in part by public funds or expending public funds, including committees, subcommittees, advisory committees, and the like of any such body by whatever name known, and includes any quasi-governmental body of the State and its political subdivisions, including, without limitation, such bodies such as the South Carolina Public Service Authority and the South Carolina State Ports Authority. Committees of health care facilities, which are subject to this chapter, for medical staff disciplinary proceedings, quality assurance, peer review, including the medical staff credentialing process, specific medical case review, and self-evaluation are not public bodies for the purpose of this chapter."
SECTION 3. Section 30-4-20(c) of the 1976 Code is amended to read:
"(c) 'Public record' includes all books, papers, maps, photographs, cards, tapes, recordings, or other documentary materials regardless of physical form or characteristics prepared, owned, used, in the possession of, or retained by a public body. Records such as income tax returns, medical records, hospital medical staff reports, scholastic records, adoption records, records related to registration, and circulation of library materials which contain names or other personally identifying details regarding the users of public, private, school, college, technical college, university, and state institutional libraries and library systems, supported in whole or in part by public funds or expending public funds, or records which reveal the identity of the library patron checking out or requesting an item from the library or using other library services, except nonidentifying administrative and statistical reports of registration and circulation, and other records which by law are required to be closed to the public are not considered to be made open to the public under the provisions of this act; nor does the definition of public records include those records where the public body, by favorable public vote of three-fourths of the membership taken within fifteen working days after receipt of written request, concludes that the public interest is best served by not disclosing them nothing herein authorizes or requires the disclosure of those records where the public body, prior to January 20, 1987, by a favorable vote of three-fourths of the membership, taken after receipt of a written request, concluded that the public interest was best served by not disclosing them. Nothing herein authorizes or requires the disclosure of records of the Board of Financial Institutions pertaining to applications and surveys for charters and branches of banks and savings and loan associations or surveys and examinations of the institutions required to be made by law."
SECTION 4. Section 30-4-30(c) of the 1976 Code is amended to read:
"(c) Each public body, upon written request for records made under this chapter, shall within fifteen days (excepting Saturdays, Sundays, and legal public holidays) of the receipt of any such request notify the person making such request of its determination and the reasons therefor. Such a determination shall constitute the final opinion of the public body as to the public availability of the requested public record and, if the request is granted, the record must be furnished or made available for inspection or copying. If written notification of the determination of the public body as to the availability of the requested public record is neither mailed nor personally delivered to the person requesting the document within the fifteen days allowed herein, the request must be considered approved."
SECTION 5. Section 30-4-40 of the 1976 Code is amended to read:
"Section 30-4-40. (a) The following matters may be are exempt from disclosure under the provisions of this chapter:
(1) Trade secrets, which are defined as unpatented, secret, commercially valuable plans, appliances, formulas, or processes, which are used for the making, preparing, compounding, treating, or processing of articles or materials which are trade commodities obtained from a person and which are generally recognized as confidential; and work products, in whole or in part collected or produced for sale or resale, and paid subscriber information. Trade secrets also include, for those public bodies who market services or products in competition with others, feasibility, planning, and marketing studies, and evaluations and other materials which contain references to potential customers, competitive information, or evaluation.
(2) Information of a personal nature where the public disclosure thereof would constitute unreasonable invasion of personal privacy, including, but not limited to, information as to gross receipts contained in applications for business licenses.
(3) Records of law enforcement and public safety agencies not otherwise available by law that were compiled in the process of detecting and investigating crime if the disclosure of the information would harm the agency by:
(A) Disclosing identity of informants not otherwise known;
(B) The premature release of information to be used in a prospective law enforcement action;
(C) Disclosing investigatory techniques not otherwise known outside the government;
(D) By endangering the life, health, or property of any person.
(4) Matters specifically exempted from disclosure by statute or law.
(5) Documents of and documents incidental to proposed contractual arrangements and documents of and documents incidental to proposed sale sales or purchase purchases of property.
(6) Salaries of employees below the level of department head; provided, however, that complete salary schedules showing compensation ranges for each employee compensation ranges for each employee classification, including longevity steps, where applicable shall be made available. All compensation paid by public bodies except as follows:
(A) For those persons receiving compensation of fifty thousand dollars or more annually, for all part-time employees, for any other persons who are paid honoraria or other compensation for special appearances, performances or the like, and for employees at the level of agency or department head, the exact compensation of each person or employee;
(B) For classified and unclassified employees, including contract instructional employees, not subject to item (A) above who receive compensation between, but not including, thirty thousand dollars and fifty thousand dollars annually, the compensation level within a range of four thousand dollars, such ranges to commence at thirty thousand dollars and increase in increments of four thousand dollars;
(C) For classified employees not subject to item (A) above who receive compensation of thirty thousand dollars or less annually, the salary schedule showing the compensation range for that classification including longevity steps, where applicable;
(D) For unclassified employees, including contract instructional employees, not subject to item (A) above who receive compensation of thirty thousand dollars or less annually, the compensation level within a range of four thousand dollars, such ranges to commence at two thousand dollars and increase in increments of four thousand dollars.
(E) For purposes of this subsection (6), 'agency head' or 'department head' means any person who has authority and responsibility for any department, of any institution, board, commission, council, division bureau, center, school, hospital, or other facility that is a unit of a public body.
(7) Correspondence or work products of legal counsel for a public body and any other material that would violate attorney-client relationships.
(8) Memoranda, correspondence, and working papers in the possession of individual members of the General Assembly or their immediate staffs,; provided, however, nothing herein shall may be construed as limiting or restricting public access to source documents or records, factual data or summaries of factual data, papers, minutes, or reports otherwise considered to be public information under the provisions of this chapter and not specifically exempted by any other provisions of this chapter.
(9) Memoranda, correspondence, documents, and working papers relative to efforts or activities of a public body to attract business or industry to invest within South Carolina.
(10) Any standards used or to be used by the South Carolina Tax Commission for the selection of returns for examination, or data used or to be used for determining such standards, if the Commission determines that such disclosure would seriously impair assessment, collection or enforcement under the tax laws of this State.
(11) Information relative to the identity of the maker of a gift to a public body if the maker specifies that his making of the gift must be anonymous and that his identity must not be revealed as a condition of making the gift. For the purposes of this item, 'gift to a public body' includes, but is not limited to, gifts to any of the state-supported colleges or universities and museums. With respect to the gifts, only information which identifies the maker may be exempt from disclosure. If the maker of any gift or any member of his immediate family has any business transaction with the recipient of the gift within three years before or after the gift is made, the identity of the maker is not exempt from disclosure.
(b) If any public record contains material which is not exempt under item subsection (a) of this section, the public body shall separate the exempt and nonexempt material and make the nonexempt material available in accordance with the requirements of this chapter available for examination."
SECTION 6. Section 30-4-70 of the 1976 Code is amended to read:
"Section 30-4-70. (a) A public body may hold a meeting closed to the public for one or more of the following reasons:
(1) Discussion of employment, appointment, compensation, promotion, demotion, discipline, or release of an employee, a student, or a person regulated by a public body or the appointment of a person to a public body; provided, however, that if an adversary hearing involving the employee or client, other than under a grievance procedure provided in Chapter 17 of Title 8 of the 1976 Code, is held such employee or client shall have has the right to demand that the hearing be conducted publicly. Nothing contained in this item shall prevent the public body, in its discretion, from deleting the names of the other employees or clients whose records are submitted for use at the hearing.
(2) Discussion of negotiations incident to proposed contractual arrangements and proposed sale or purchase of property, the receipt of legal advice, settlement of legal claims, or the position of the public agency in other adversary situations involving the assertion against said agency of a claim.
(3) Discussion regarding the development of security personnel or devices.
(4) Investigative proceedings regarding allegations of criminal misconduct.
(5) Discussion of matters relating to the proposed location, expansion, or the provision of services encouraging location or expansion of industries or other businesses in the area served by the public body.
(6) Prior to going into executive session the public agency shall vote in public on the question and when such vote is favorable the presiding officer shall announce the specific purpose of the executive session. Any No formal action may be taken in executive session shall thereafter be ratified in public session prior to such action becoming effective. As used in this item 'formal action' means a recorded vote committing the body concerned to a specific course of action. No vote may be taken in executive session.
(b) Any public body may hold a closed meeting for the purpose of receiving an administrative briefing by an affirmative vote of three-fourths of its members present and voting when required by some exceptional reason so compelling as to override the general public policy in favor of public meetings; provided, that no budgetary matters shall be discussed in such closed session except as otherwise provided by law. Such reasons and the votes of the members shall be recorded and be matters of public record. No regular or general practice or pattern of holding closed meetings shall be permitted.
(c) (b) No chance meeting, social meeting, or electronic communication shall may be used in circumvention of the spirit of requirements of this chapter to act upon a matter over which the public body has supervision, control, jurisdiction, or advisory power.
(d) (c) This chapter shall does not prohibit the removal of any person who wilfully disrupts a meeting to the extent that orderly conduct of the meeting is seriously compromised.
(e) (d) Sessions of the General Assembly may enter into executive sessions authorized by the Constitution of this State and rules adopted pursuant thereto."
SECTION 7. Section 30-4-80 of the 1976 Code is amended to read:
"Section 30-4-80. (a) All public bodies, except as provided in subsections (b) and (c) of this section, shall must give written public notice of their regular meetings at the beginning of each calendar year. The notice shall must include the dates, times, and places of such meetings. Agendas, if any, for regularly scheduled meetings shall must be posted on a bulletin board at the office or meeting place of the public body at least twenty-four hours prior to such meetings. All public bodies shall must post on such bulletin board public notice for any called, special or rescheduled meetings. Such notice shall must be posted as early as is practicable but not later than twenty-four hours before the meeting. The notice shall must include the agenda, date, time, and place of the meeting. This requirement shall does not apply to emergency meetings of public bodies.
(b) Legislative committees shall must post their meeting times during weeks of the regular session of the General Assembly and shall must comply with the provisions for notice of special meetings during those weeks when the General Assembly is not in session. Subcommittees of standing legislative committees shall must give reasonable notice during weeks of the legislative session only if it is practicable to do so.
(c) Subcommittees, other than legislative subcommittees, of committees required to give notice under subsection (a), must make reasonable and timely efforts to give notice of their meetings.
(e) (d) Written public notice shall must include but need not be limited to posting a copy of the notice at the principal office of the public body holding the meeting or, if no such office exists, at the building in which the meeting is to be held.
(d) (e) All public bodies shall make an effort to notify persons or organizations, local news media, or such other news media as may request notification of the times, dates, places, and agenda of all public meetings, whether scheduled, rescheduled, or called, and the efforts made to comply with this requirement shall must be noted in the minutes of the meetings."
SECTION 8. Section 30-4-100 of the 1976 Code is amended to read:
"Section 30-4-100. (a) Any citizen of the State may apply to the circuit court for either or both a declaratory judgement and injunctive relief to enforce the provisions of this chapter in appropriate cases provided as long as such application is made no later than sixty days one year following the date on which the alleged violation occurs or sixty days one year after ratification of such act a public vote in public session, whichever comes later. The court may order equitable relief as it deems considers appropriate., and a violation of this chapter must be considered to be an irreparable injury for which no adequate remedy at law exists.
(b) If a person or entity seeking such relief prevails, he or it may be awarded reasonable attorney fees and other costs of litigation. If such person or entity prevails in part, the court may in its discretion award him or it reasonable attorney fees or an appropriate portion thereof."
SECTION 9. This act takes effect upon approval by the Governor./
Amend title to conform.
/s/John A. Martin /s/David H. Wilkins /s/Thomas E. Smith, Jr. /s/Jean H. Toal /s/John E. Courson /s/Thomas A. Limehouse On Part of the Senate On Part of the House
Ordered for consideration tomorrow.
Rep. KIRSH moved that the House do now adjourn.
Rep. WILKINS demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, T.C. Aydlette Bailey, K. Barfield Blackwell Bradley, J. Bradley, P. Brown, R. Burriss, J.H. Burriss, M.D. Clyborne Cork Davenport Day Derrick Evatt Fair Felder Ferguson Foster Foxworth Gilbert Harris, P. Hearn Helmly Hendricks Holt Kay Keyserling Kirsh Klapman Koon Lewis Mappus Martin, D. Martin, L. Mattos McAbee McLellan McTeer Phillips, O. Rhoad Rice Sturkie Thrailkill Townsend Waldrop Wilkins Winstead
Those who voted in the negative are:
Arthur Bailey, G. Baker Beasley Blanding Brown, H. Brown, J. Burriss, T.M. Corning Dangerfield Elliott Faber Harris, J. Harvin Haskins Hawkins Hayes Hodges Huff Johnson, J.C. Johnson, J.W. Limehouse Lockemy McBride McCain McEachin McElveen McLeod, E.B. Moss Neilson Nesbitt Pettigrew Petty Phillips, L. Rogers, J. Rogers, T. Rudnick Sharpe Sheheen Shelton Snow Toal Tucker Washington Wells Whipper White Wilder
So, the motion to adjourn was agreed to.
The Senate returned to the House with concurrence the following:
H. 3137 -- Reps. Hendricks, Cooper, L. Martin and Simpson: A CONCURRENT RESOLUTION TO CONGRATULATE DR. JACK L. HUNTER, OF PICKENS COUNTY, ON BEING NAMED "OUTSTANDING STATE EMPLOYEE OF THE YEAR" BY THE SOUTH CAROLINA STATE EMPLOYEES ASSOCIATION.
H. 3139 -- Rep. Waldrop: A CONCURRENT RESOLUTION TO CONGRATULATE JAMES MOORE OF NEWBERRY UPON BEING NAMED TO RECEIVE THE SOUTH CAROLINA VOCATIONAL REHABILITATION DEPARTMENT'S 1987 CASE OF THE YEAR AWARD.
H. 3140 -- Rep. J.H. Burriss: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE GENERAL ASSEMBLY AT THE DEATH OF MR. WALLACE W. BROCK OF LEXINGTON COUNTY AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
H. 3148 -- Reps. Edwards, Davenport, Ferguson, Hawkins, McGinnis, Petty and Wells: A CONCURRENT RESOLUTION TO CONGRATULATE ONE OF SPARTANBURG'S MOST DISTINGUISHED CITIZENS, MR. WALTER S. MONTGOMERY, UPON HIS RECEIPT OF AN HONORARY DOCTOR OF PUBLIC SERVICE DEGREE FROM THE UNIVERSITY OF SOUTH CAROLINA AT SPARTANBURG.
At 12:20 P.M. the House in accordance with the motion of Rep. KIRSH adjourned to meet at 10:00 A.M. tomorrow.
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