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:
Approaching now the end of this Legislative Session, we lift our thoughts, O Heavenly Father, in thankfulness that You have given us the privilege of being laborers in Your vineyard. Make us always sowers of seeds of truth, understanding and goodwill, believing confidently in its harvest in keeping with Your plans and purposes. Keep us at all times in the army that fights the good fight against the powers of darkness and evil, knowing that while weeping may endure for the night, Joy comes in the morning to those whose trust is stayed in the omnipotent God.
And as we shall soon leave this hallowed Chamber on our individual ways, cause us to hear the assurance from Your Holy Word: "the Lord your God is with you wherever you go" (Joshua 1:9b). 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.
Columbia, S.C., June 20, 1988
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has overridden the veto by the Governor on:
(R732) S. 1461 -- Senator Pope: AN ACT TO AMEND ACT 119 OF 1963, AS AMENDED, RELATING TO THE NEWBERRY COUNTY WATER AND SEWER AUTHORITY, SO AS TO PROVIDE FOR THE MEMBERS OF THE AUTHORITY, ONE FROM EACH COUNTY COUNCIL DISTRICT, TO BE APPOINTED BY THE GOVERNOR UPON THE RECOMMENDATION OF A MAJORITY OF THE NEWBERRY COUNTY COUNCIL MEMBERS INSTEAD OF THE LEGISLATIVE DELEGATION; TO LIMIT THE CONSECUTIVE TERMS TO TWO; AND TO PROVIDE FOR THE EXPIRATION OF THE TERMS OF THE PRESENT MEMBERS AND FOR THE INITIAL TERMS OF THE MEMBERS PROVIDED FOR IN THIS ACT.
by a vote of: ayes 46; nays 0.
Very respectfully,
President
No. 12
Received as information.
The following was received.
Columbia, S.C., June 20, 1988
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Free Conference on H. 3890:
H. 3890 -- Reps. Edwards, Taylor, Keyserling, Cork and M.D. Burriss: A BILL TO PROVIDE THAT PRIOR TO AUTHORIZATION OF THE EXPENDITURE OF ANY OIL OVERCHARGE REFUND MONIES PURSUANT TO CERTAIN PROVISIONS OF LAW, THE JOINT LEGISLATIVE COMMITTEE ON ENERGY SHALL REVIEW AND MAKE A RECOMMENDATION AS TO THE APPROVAL AND ADOPTION OF THIS STATE'S ENERGY POLICY AND THE SPECIFIC USES FOR PROPOSED ENERGY CONSERVATION PROGRAMS, PROVIDE THAT THE USE OF THE FUNDS BE WITHIN CERTAIN RESTRICTIONS, GRANT THE COMMITTEE CONTINUOUS ENERGY PROGRAM OVERSIGHT REGARDING THE ACTUAL EXPENDITURE AND USE OF THE OIL OVERCHARGE FUNDS, PROVIDE FOR CERTAIN EVALUATION, PROVIDE FOR THE REPORTING OF CERTAIN COST SAVINGS, PROVIDE FOR THE DEPOSIT OF THESE FUNDS AND THEIR DISBURSEMENT, AND REQUIRE THE STATE AUDITOR TO CONDUCT AN ANNUAL FINANCIAL COMPLIANCE AUDIT.
and the Report having been adopted by both Houses, has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
No. 63
Received as information.
The following was received.
June 6, 1988
Mr. President and Members of the Senate:
I am hereby returning without my approval S. 1461, R-732, an Act:
TO AMEND ACT 119 OF 1963, AS AMENDED, RELATING TO THE NEWBERRY COUNTY WATER AND SEWER AUTHORITY, SO AS TO PROVIDE FOR THE MEMBERS OF THE AUTHORITY, ONE FROM EACH COUNTY COUNCIL DISTRICT, TO BE APPOINTED BY THE GOVERNOR UPON THE RECOMMENDATION OF A MAJORITY OF THE NEWBERRY COUNTY COUNCIL MEMBERS INSTEAD OF THE LEGISLATIVE DELEGATION; TO LIMIT THE CONSECUTIVE TERMS TO TWO; AND TO PROVIDE FOR THE EXPIRATION OF THE TERMS OF THE PRESENT MEMBERS AND FOR THE INITIAL TERMS OF THE MEMBERS PROVIDED FOR IN THIS ACT.
This veto is based upon an opinion of the Attorney General's Office, a copy of which is enclosed, which states in concluding that the Act is of doubtful constitutionality:
"The act amends Section 2 of Act No. 119 of 1963, as amended by Act No. 190 of 1969 and provides that the governing body of the Newberry County Water and Sewer Authority shall consist of seven resident electors of Newberry County to be appointed by the Governor upon the recommendation of a majority of the Newberry County Council. Terms of the present members are to expire upon the effective date of the Act, and a scheme for expiration of terms of the new members is established. Section 1 of Act No. 119 of 1963 describes the service area of the Authority to be all of Newberry County, excluding any area within an incorporated municipality. Thus, S. 1461, R-732, of 1988 is clearly an act for a specific county. Article VIII, Section 7 of the Constitution of the State of South Carolina provides that '[n]o laws for a specific county shall be enacted.' Acts similar to S. 1461, R-732, have been struck down by the South Carolina Supreme Court as violative of Article VIII, Section 7. See Cooper River Parks and Playground Commission v. City of North Charleston, 273 S.C. 639, 259 S.E.2d 107 (1979); Torgerson v. Craver, 267 S.C. 558, 230 S.E.2d 228 (1976); Knight v. Salisbury, 2262 S.C. 565, 206 S.E.2d 875 (1974).
Based on the foregoing, we would advise that S. 1461, R-732, would be of doubtful constitutionality."
Yours sincerely,
Carroll A. Campbell, Jr.
Governor
The question was put, shall the Act become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Altman Arthur Aydlette Barfield Baxley Boan Burch Burriss, M.D. Cooper Dangerfield Derrick Elliott Hearn Hodges Holt Huff Johnson, J.W. Kirsh Klapman Martin, D. Martin, L. Mattos McAbee McGinnis McTeer Nesbitt Petty Phillips, L. Rice Sheheen Shelton Taylor Thrailkill Wells Wilder Winstead
Those who voted in the negative are:
So, the veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.
The roll call of the House of Representatives was taken resulting as follows.
Alexander, M.O. Alexander, T.C. Altman Arthur Aydlette Bailey, G. Barfield Baxley Boan Bradley, P. Brown, H. Brown, J. Brown, R. Burch Burriss, M.D. Carnell Chamblee Clyborne Cole Cooper Corning Dangerfield Davenport Derrick Elliott Faber Fair Ferguson Foxworth Gilbert Gordon Harris, P. Haskins Hayes Hearn Hendricks Hodges Holt Huff Humphries Johnson, J.C. Johnson, J.W. Jones Kirsh Klapman Mappus Martin, D. Martin, L. Mattos McAbee McBride McCain McEachin McGinnis McKay McLellan McTeer Nesbitt Nettles Pearce Petty Phillips, L. Rhoad Rice Rogers, J. Sharpe Sheheen Shelton Simpson Stoddard Taylor Thrailkill Townsend Tucker Waldrop Wells White Wilder Williams Winstead
I came in after the roll call and was present for the Session on June 21, 1988.
Larry Blanding G. Brown Samuel R. Foster Fred Day Jack Gregory Timothy Rogers Irene K. Rudnick Dill Blackwell T.W. Edwards Jr. John W. Pettigrew, Jr. John H. Burriss C. Lenoir Sturkie Olin Phillips Denny W. Neilson L. Edward Bennett E.C. Lewis David Wilkins E.B. McLeod Larry Koon Ken Bailey James E. Lockemy T.M. Burriss Larry Gentry Bill Cork R.L. Helmly J. Bradley M. Washington H. Keyserling R. Kohn J. Felder S. Lanford D. Moss Alex Harvin Dell Baker
STATEMENTS OF ATTENDANCE
Reps. BLANDING, J. BRADLEY, J. BURRISS, NETTLES, HARVIN and R. BROWN signed a statement with the Clerk that they came in after the roll call of the House and were present for the Session on Monday, June 20, 1988.
Reps. BEASLEY, GENTRY and KOON signed a statement with the Clerk that they came in after the roll call of the House and were present for the Session on Thursday, May 26, 1988.
The SPEAKER granted Reps. BEASLEY and J. HARRIS a leave of absence for the day.
Announcement was made that Dr. J. Gavin Appleby of Columbia is the Doctor of the Day for the General Assembly.
The following was introduced:
H. 4376 -- Rep. Corning: A CONCURRENT RESOLUTION TO CONGRATULATE MRS. MARTHA B. MCCLAIN, AN ART TEACHER AT JOSEPH KEELS ELEMENTARY SCHOOL IN RICHLAND COUNTY SCHOOL DISTRICT TWO, UPON BEING NAMED SOUTH CAROLINA'S TEACHER OF THE YEAR IN A COMPETITION SPONSORED BY THE IBM CORPORATION AND CLASSROOM COMPUTER LEARNING MAGAZINE.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Bill was read the third time, passed and, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
S. 1571 -- Senator Giese: A BILL TO PROVIDE FOR MILITARY FIREARMS MANUFACTURED BY A FIRM LOCATED IN RICHLAND COUNTY, LICENSED BY THE FEDERAL GOVERNMENT, AND SUBJECT TO THE FEDERAL GUN CONTROL ACT TO BE LEGALLY MANUFACTURED, POSSESSED, AND SOLD IN RICHLAND COUNTY BY THE MANUFACTURER, PROVIDE FOR THE MANUFACTURER'S DUTIES AND PENALTIES, AND DEFINE "MILITARY FIREARMS".
The House stood at ease subject to the call of Chair.
At 10:15 A.M. the House resumed, the SPEAKER in the chair.
Rep. WILDER, with unanimous consent, made a short statement relative to the USS South Carolina.
Rep. FAIR moved that the Committee of Conference on the following Concurrent Resolution be resolved into a Committee of Free Conference and briefly explained the Conference Committee's reasons for this request.
S. 1392 -- Senators Giese, Nell W. Smith and Hayes: A CONCURRENT RESOLUTION EXPRESSING THE INTENT OF THE GENERAL ASSEMBLY THAT NOTWITHSTANDING THE PROVISION OF S. 546, THE COMPREHENSIVE HEALTH EDUCATION ACT, THE BEGINNING DATE FOR INSTRUCTIONAL PROGRAMS IN REPRODUCTIVE HEALTH, FAMILY LIFE EDUCATION, AND PREGNANCY PREVENTION IN THE PUBLIC SCHOOLS OF THIS STATE IS JANUARY 1, 1989.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Altman Arthur Aydlette Bailey, G. Bailey, K. Baker Barfield Baxley Bennett Boan Bradley, P. Brown, H. Brown, J. Burch Burriss, M.D. Carnell Chamblee Clyborne Cole Cooper Corning Dangerfield Davenport Day Derrick Edwards Elliott Fair Ferguson Foster Gordon Gregory Harris, P. Haskins Hayes Hearn Hendricks Hodges Holt Huff Humphries Johnson, J.C. Johnson, J.W. Keyserling Kirsh Klapman Kohn Lewis Mappus Martin, D. Martin, L. Mattos McAbee McBride McCain McGinnis McKay McLellan McTeer Moss Nesbitt Pearce Pettigrew Petty Phillips, L. Rice Rogers, J. Sharpe Sheheen Shelton Simpson Taylor Thrailkill Townsend Tucker Waldrop Washington Wells White Wilder Williams Winstead
Those who voted in the negative are:
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. FAIR, TOWNSEND and HASKINS to the Committee of Free Conference and a message was ordered sent to the Senate accordingly.
Rep. McABEE 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. 2947 -- Reps. McAbee and Sharpe: A BILL TO AMEND TITLE 11, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 37 SO AS TO ENACT THE SOUTH CAROLINA RESOURCES AUTHORITY ACT.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Altman Arthur Aydlette Bailey, G. Bailey, K. Baker Barfield Baxley Bennett Boan Bradley, J. Bradley, P. Brown, H. Brown, J. Burch Burriss, M.D. Carnell Chamblee Clyborne Cole Cooper Cork Corning Dangerfield Davenport Day Derrick Edwards Elliott Fair Ferguson Foster Foxworth Gilbert Gordon Gregory Harris, P. Haskins Hayes Hearn Hendricks Hodges Holt Huff Humphries Johnson, J.C. Johnson, J.W. Jones Keyserling Kirsh Klapman Kohn Lewis Martin, D. Martin, L. Mattos McAbee McCain McGinnis McKay McLellan McTeer Moss Nesbitt Pearce Pettigrew Petty Phillips, L. Rhoad Rice Rogers, J. Rudnick Sharpe Sheheen Shelton Simpson Stoddard Taylor Thrailkill Townsend Tucker Waldrop Washington Wells White Wilder Winstead
Those who voted in the negative are:
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. McABEE, SHARPE and KIRSH to the Committee of Free Conference and a message was ordered sent to the Senate accordingly.
The following was received.
The General Assembly, Columbia, S.C., June 20, 1988
The COMMITTEE OF CONFERENCE, to whom was referred: H. 2496
H. 2496 -- Reps. Kohn and J. Bradley: A BILL TO AMEND SECTION 38-43-640, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EFFECTIVE DATE OF CERTAIN INSURANCE FILINGS, SO AS TO EXTEND FROM SIXTY DAYS TO ONE YEAR THE MAXIMUM ADDITIONAL WAITING PERIOD THE CHIEF INSURANCE COMMISSIONER MAY REQUEST BEFORE HE IS REQUIRED TO RULE ON THE FILING.
Beg leave to report that they have duly and carefully considered the same and recommend:
That the bill pass amended as follows: By striking all after the enacting words and inserting:
/SECTION 1. Notwithstanding the provisions of Section 38-43-640 of the 1976 Code, for a period of two years after the effective date of this act, the waiting period required by Section 38-43-640 may be extended by the Commissioner for an additional period of six months rather than sixty days in the manner permitted by the section.
SECTION 2. This act takes effect upon approval by the Governor./
Amend the title to read:
/TO PROVIDE THAT FOR A PERIOD OF TWO YEARS, THE WAITING PERIOD REQUIRED BY SECTION 38-43-640 OF THE 1976 CODE MAY BE EXTENDED BY THE COMMISSIONER FOR AN ADDITIONAL PERIOD OF SIX MONTHS RATHER THAN SIXTY DAYS IN THE MANNER PERMITTED BY THE SECTION./
/s/John C. Lindsay /s/John D. Bradley, III William W. Doar, Jr. J. William McLeod /s/Glenn F. McConnell /s/Denny W. Neilson On Part of the Senate. On Part of the House.
Rep. J. BRADLEY explained the Conference Report.
The Conference Report was adopted and a message was ordered sent to the Senate accordingly.
The House stood at ease subject to the call of Chair.
At 11: 40 A.M. the House resumed, the SPEAKER in the chair.
The following was received.
The General Assembly, Columbia, S.C., June 21, 1988
The COMMITTEE OF FREE CONFERENCE, to whom was referred:
H. 2947 -- Reps. McAbee and Sharpe: A BILL TO AMEND TITLE 11, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 37 SO AS TO ENACT THE SOUTH CAROLINA RESOURCES AUTHORITY ACT.
Beg leave to report that they have duly and carefully considered the same and recommend:
That the bill do pass amended as follows: strike all after the enacting words and insert:
/SECTION 1. The General Assembly finds that there exists in South Carolina a definite need for additional sources with which to finance the present and future needs of the people of South Carolina for the undertakings authorized by this act. It has been determined that this need may be alleviated in part through the authorization to the South Carolina Resources Authority to encourage the investment of both public and private funds for these purposes and to make loans and grants available to local governments for proJects approved by the Authority. Loans and grants for approved projects are necessary to promote the general health and welfare of all South Carolinians and as an incentive to foster economic growth, particularly in the rural, less developed areas of the State. The General Assembly has determined that the authorization to the Authority for this purpose is in the public interest, serves a public purpose and promotes the health, safety, welfare, and convenience of the people of the State.
SECTION 2. Title 11 of the 1976 Code is amended by adding:
Section 11-37-10. This chapter may be cited as the South Carolina Resources Authority Act.
Section 11-37-20. As used in this chapter, unless a different meaning clearly appears from the context:
(1) 'Authority' means the South Carolina Resources Authority.
(2) 'Bonds' means any bonds, notes, debentures, interim certificates, bond, grant or revenue anticipation notes, or any other evidence of indebtedness of the Authority.
(3) 'Capital reserve fund' means any reserve fund created and established by the Authority pursuant to this chapter.
(4) 'Cost' as applied to any project financed under the provisions of this chapter means the total of all costs incurred by the local government in carrying out all works and undertakings necessary or incidental to the accomplishment of any project. It includes, without limitation, all necessary developmental, planning and feasibility studies, surveys, plans and specifications, architectural, engineering, financial, legal or other special services, the cost of acquisition of land and any buildings and improvements on the land, including the discharge of any obligations of the sellers of the land, buildings or improvements, site preparation and development, including demolition or removal of existing structures, construction and reconstruction, labor, materials, machinery and equipment, the reasonable costs of financing incurred by the local government in the course of the development of the project, carrying charges incurred before placing the project in service, interest on local obligations issued to finance the project to a date subsequent to the estimated date the project is to be placed in service, necessary expenses incurred in connection with placing the project in service, the funding of accounts and reserves which the Authority may require, and the cost of other items which the Authority determines to be reasonable and necessary.
(5) 'Local government' means any county, municipality, special purpose or special service district, or Commission of Public Works of the State and any private eleemosynary water companies, private eleemosynary sewer companies, and private eleemosynary companies which provide both water and sewer services.
(6) 'Local obligations' means any bonds, notes, debentures, interim certificates, bond, grant, or revenue anticipation notes, or any other evidences of indebtedness of a local government.
(7) 'Project' means any water supply, sewer system, sewage, wastewater treatment facility or any other project hereafter committed to the Authority by subsequent enactment of the General Assembly.
(8) 'Reserve Fund Requirement' means, as of any particular date of computation, the amount of money designated as the minimum capital reserve fund requirement as established by the resolution of the Authority authorizing the issuance of or by the trust indenture securing, any issue of bonds.
Section 11-37-30. There is created a body politic and corporate known as the South Carolina Resources Authority. The Authority is declared to be a public instrumentality of the State and the exercise by it of any power conferred in this chapter is the performance of an essential public function. The Authority consists of the members of the State Budget and Control Board.
Section 11-37-45. The Authority may receive funds from whatever source to use for the operation of the Authority, but it may not receive funds appropriated specifically for the Authority after July 1, 1989. Nothing in this section prohibits the transfer of personnel to the Authority from other state agencies.
Section 11-37-50. The Authority shall:
(1) have perpetual succession as a public body corporate and as a political subdivision of the State;
(2) adopt, amend, and repeal bylaws, and regulations not inconsistent with this chapter for the administration of its affairs and the implementation of its functions in accordance with the provisions of Chapter 23 of Title 1;
(3) sue and be sued in its own name;
(4) have an official seal and alter it at will although the failure to affix the seal does not affect the validity of any instrument executed on behalf of the Authority;
(5) make and execute contracts and all other instruments and agreements necessary or convenient for the performance of its duties and the exercise of its powers and functions;
(6) sell, convey, mortgage, pledge, lease, exchange, transfer, and otherwise dispose of all or any part of its properties and assets;
(7) employ agents, advisers, consultants and other employees, including attorneys, financial advisers, engineers, and other technical advisers and public accountants and determine their duties and compensation;
(8) procure insurance against any loss in connection with its property, assets, or activities, including insurance against liability for its acts or the acts of its employees or agents;
(9) procure insurance, guarantees, letters of credit, and other forms of collateral or security or credit support from any public or private entitles, including any department, agency, or instrumentality of the United States or the State of South Carolina, for the payment of any bonds issued by it, including the power to pay premiums or fees on any insurance, guarantees, letters of credit, and other forms of collateral or security or credit support;
(10) receive and accept from any source aid, grants, and contributions of money, property, labor, or other things of value to be used to carry out the purposes of this chapter subject to the conditions upon which the aid, grants, or contributions are made;
(11) enter into agreements with any department, agency, or instrumentality of the United States or this State for the purpose of planning, regulations, and providing for the financing of any projects;
(12) collect, or authorize the trustee under any trust indenture securing any bonds to collect, amounts due under any local obligations owned by it, including taking the action required to obtain payment of any sums in default;
(13) enter into contracts or agreements for the servicing and processing of local obligations owned by it;
(14) invest or reinvest its funds as provided in Section 11-37-230 or as permitted by applicable law;
(15) unless restricted under any agreement with holders of bonds, consent to any modification with respect to the rate of interest, time, and payment of any installment of principal or interest, or any other term of any local obligations owned by it;
(16) establish and revise, amend and repeal, and collect fees and charges in connection with any activities or services rendered by the authority; and
(17) perform any act necessary or convenient to the exercise of the powers granted or reasonably implied by this chapter.
Section 11-37-60. The Authority may borrow money and issue its bonds in amounts it determines to be necessary or convenient to provide funds to carry out its purposes and powers and to pay all costs and expenses incurred in connection with the issuance of bonds. The total principal amount of bonds outstanding at any one time may not exceed the sum of two hundred million dollars.
Section 11-37-70. The Authority may:
(1) issue bonds to renew or pay bonds, including the interest;
(2) whenever it considers refunding expedient, refund any bonds by the issuance of new bonds, whether the bonds to be refunded have or have not matured; and
(3) issue bonds partly to refund bonds then outstanding and partly for its own purposes. The refunding bonds may be exchanged for the bonds to be refunded or they may be sold and the proceeds applied to the purchase, redemption, or payment of the bonds to be refunded. The amount of the refunding bonds issued by it may not be included in the total of outstanding bonds for purposes of the limitation on the amount of bonds which may be issued by the Authority.
Section 11-37-80. The Authority may pledge any of its revenue or funds to the payment of its bonds, subject only to any prior agreements with the holders of particular bonds which may have pledged specific money or revenue. Bonds may be secured by a pledge of any local obligation owned by the Authority, any grant, contribution, or guaranty from the United States, the State or any corporation, association, institution, or person, any other property or assets of the Authority, or a pledge of any money, income, or revenue of the Authority from any source.
Section 11-37-90. Bonds issued by the Authority do not constitute a debt or a pledge of the faith and credit of the State of South Carolina, or any of its political subdivisions other than the Authority, but are payable solely from the revenue, money or property of the Authority as provided for in this chapter. The bonds issued do not constitute an indebtedness of the State within the meaning of any state constitutional or statutory limitation. No member of the Authority or any person executing bonds of the Authority is liable personally on the bonds by reason of their issuance or execution. Each bond issued under this chapter must contain on its face a statement to the effect that:
(1) neither the State, nor any of its political subdivisions, nor the Authority is obligated to pay the principal of, or interest on the bond or other costs incident to the bond except from the revenue, money, or property of the Authority pledged;
(2) neither the faith and credit nor the taxing power of the State, or any of its political subdivisions, is pledged to the payment of the principal of, or interest on the bond;
(3) the Authority does not have taxing power.
Section 11-37-100. The bonds of the Authority must be authorized by a resolution of the Authority. The bonds must bear the date and mature at the time which the resolution provides, except that no bond may mature more than thirty years from its date of issue. The bonds may be in the denominations, be executed in the manner, be payable in the medium of payment, be payable at the place and at the time, and be subJect to redemption or repurchase and contain other provisions determined by the Authority prior to their issuance. The bonds may bear interest payable at a time and at a rate as determined by the Authority pursuant to the provisions of Section 11-9-350, including the determination by agents designated by the Authority under guidelines established by it. Bonds may be sold by the Authority at public or private sale at the price it determines and approves.
The State Treasurer shall issue the bonds of the Authority not later than sixty days upon the resolution of the Authority authorizing the issuance of the bonds. The Authority must only issue bonds for those projects recommended to the Authority by the Water Resources Coordinating Council, as established in Section 11-37-200.
Section 11-37-105. In addition to the amount of bonds authorized by the Authority, the State Treasurer shall include in the bond issue any fees and cost incurred by the Jobs-Economic Development Authority to receive, research, investigate and process any applications for projects not to exceed one hundred thousand dollars in any one fiscal year. Jobs-Economic Development Authority shall submit quarterly requests for reimbursement by the Authority for costs incurred.
Section 11-37-110. (A)Bonds may be secured by a trust indenture between the Authority and a corporate trustee, which may be the State Treasurer or any bank having trust powers or any trust company, designated by the State Treasurer doing business in South Carolina. A trust indenture may contain provisions for protecting and enforcing the rights and remedies of the bondholders which are reasonable and proper, including covenants setting forth the duties of the Authority in relation to the exercise of its powers and the custody, safekeeping, and application of its money. The Authority may provide by the trust indenture for the payment of the proceeds of the bonds and all or any part of the revenues of the Authority to the trustee under the trust indenture or to some other depository, and for the method of its disbursement with safeguards and restrictions prescribed by it. All expenses incurred in performing the obligations of the Authority under the trust indenture may be treated as part of its operating expenses.
(B) Any resolution or trust indenture pursuant to which bonds are issued may contain provisions which are part of the contract with the holders of the bonds as to:
(1) pledging all or any part of the revenue of the Authority to secure the payment of the bonds;
(2) pledging all or any part of the assets of the Authority including local obligations owned by it, to secure the payment of the bonds;
(3) the use and disposition of the gross income from, and payment of the principal of, and interest on local obligations owned by the Authority;
(4) the establishment of reserves, sinking funds, and other funds and accounts, and their regulation and disposition;
(5) limitations on the purposes to which the proceeds from the same of the bonds may be applied, and limitations pledging the proceeds to secure the payment of the bonds;
(6) limitations on the issuance of additional bonds, the terms upon which additional bonds may be issued and secured, and the refunding of outstanding or other bonds;
(7) the procedure, if any, by which the terms of any contract with bondholders may be amended or abrogated, the amount of bonds, if any, the holders of which must consent to, and the manner in which any consent may be given;
(8) limitations on the amount of money to be expended by the Authority for its operating expenses;
(9) vesting in a trustee property, rights, powers, and duties as the Authority may determine, limiting or abrogating the right of bondholders to appoint a trustee, and limiting the rights, powers, and duties of the trustee;
(10) defining the acts or omissions which constitute a default, the obligations or duties of the Authority to the holders of the bonds, and the rights and remedies of the holders of the bonds in the event of default, including as a matter or right the appointment of a receiver, and all other rights generally available to creditors;
(11) requiring the Authority or the trustee under the trust indenture to take any and all other action to obtain payment of all sums required to eliminate any default as to any principal of, and interest on local obligations owned by the Authority or held by a trustee, which may be authorized by the laws of this State; and
(12) any other matter, relating to the terms of the bonds or the security or protection of the holders of the bonds which may be considered appropriate.
Section 11-37-120. Any pledge made by the Authority is valid and binding from the time the pledge is made. The revenue, money, or property pledged and thereafter received by the Authority is immediately subject to the lien of the pledge without any physical delivery or further act. The lien of any pledge is valid and binding as against all parties having claims of any kind in tort, contract, or otherwise against the Authority, irrespective of whether the parties have notice of the pledge. No recording or filing of the resolution authorizing the issuance of bonds, the trust indenture securing bonds or any other instrument, including filings under the Uniform Commercial Code is necessary to create or perfect any pledge or security interest granted by the Authority to secure any bonds, but the record of the proceedings relative to the issuance of any bonds must be filed as prescribed by Section 11-15-20.
Section 11-37-130. The Authority, subject to agreements with bondholders as may then exist, may purchase outstanding bonds of the Authority with any available funds, at any reasonable price. If the bonds are then redeemable, the price shall not exceed the redemption price then applicable plus accrued interest to the next interest payment date.
Section 11-37-140. Bonds of the Authority must be in a form and must be executed in a manner prescribed by the Authority.
Section 11-37-150. In the event that any of the members or officers of the Authority cease to be members before the delivery of any bonds signed by them, their signatures or authorized facsimile signatures are nevertheless valid and sufficient for all purposes as if they had remained in office until the delivery of the bonds.
Section 11-37-160. Subsequent amendments to this chapter may not limit the rights vested in the Authority with respect to any agreements made with, or remedies available to, the holders of bonds issued under this chapter before the enactment of the amendments until the bonds, with all premium and interest on them, and all costs and expenses in connection with any proceeding by or on behalf of the holders, are fully met and discharged.
Section 11-37-170. (A)(1) The Authority may create and establish one or more capital reserve funds and may pay into each capital reserve fund any:
(a) monies appropriated and made available by the State for the purpose of such a fund;
(b) proceeds of the sale of bonds of the Authority to the extent provided in the resolution authorizing the issuance of, or the trust indenture securing, the bonds; and
(c) other monies which may be made available to the Authority for the purpose of such a fund from any other source. All monies held in any capital reserve fund, except as provided in this chapter must be used solely for the payment, when due, of the principal of, and interest on the bonds secured in whole or in part by such a fund. If monies in any such fund is less than the Reserve Fund Requirement established upon the issuance of any bonds for the fund, the Authority may not use the monies for any optional purchase or redemption of bonds until the Reserve Fund Requirement is fully restored. Any income or interest earned on, or increment to, any capital reserve fund due to its investment may be transferred by the Authority to its other funds or accounts if it does not reduce the amount in the capital reserve fund below the Reserve Fund requirement.
(2) The Authority may not at any time issue bonds secured in whole or in part by any capital reserve fund, if upon the issuance, the amount in the capital reserve fund is less than the Reserve Fund Requirement unless it, at the time of issuance of the bonds, deposits in the fund an amount which, together with the amount then in the fund, is not less than the fund's Reserve Fund Requirement.
(B) The Authority may create and establish other funds as necessary or desirable for its corporate purposes.
(C) Nothing in this section may be construed as limiting the power of the Authority to issue bonds not secured by a capital reserve fund.
Section 11-37-180. The Authority, with any funds of the Authority available for such a purpose, may purchase and acquire, on terms and in a form determined by the Authority, local obligations to finance or refinance the cost of any project. Prior to entering into any agreement with the Authority, the local government must demonstrate to the satisfaction of the Authority that traditional financing sources are not available for the entire project. Two letters of declination, from financial institutions normally engaged in this financing, satisfy this requirement. The Authority may pledge to the payment of any bonds all or any portion of the local obligations purchased. The Authority, subject to any pledge, may also sell any local obligations so purchased, and apply the proceeds of the sale to the purchase of other local obligations for financing or refinancing the cost of any project or for any other of its corporate purposes.
The Authority may require, as a condition to the purchase of any local obligation, the local government issuing an obligation to perform any of the following:
(1) establish and collect rents, rates, fees, and charges to produce revenue sufficient to pay all or a specified portion of:
(a) the costs of operation, maintenance, replacement, renewal, and repairs of the project;
(b) any outstanding indebtedness incurred for the purposes of the project, including the principal of and interest on the local obligations issued by the local government to the Authority; and
(c) any amounts necessary to create and maintain any required reserve, including any rate stabilization fund considered necessary or appropriate by the Authority to offset the need, in whole or part, for future increases in rents, rates, fees, or charges.
(2) create and maintain a special fund for the payment of the principal of and interest on any local obligations and any other amounts becoming due under any agreement entered into in connection with the local obligation, or for the operation, maintenance, repair, or replacement of the project or any portions of it or other property of the local government, and deposit into any fund amounts sufficient to make any payments as they become due and payable;
(3) create and maintain other special funds as required by the Authority; and
(4) perform other acts, including the conveyance of real and personal property together with all right, title, and interest in the property to the Authority, or take other actions considered necessary or desirable by the Authority to secure payment of the principal of, and interest on the local obligations and to provide for the remedies for the Authority or other holder of the local obligations in the event of any default by the local government in the payment, including, without limitation, any of the following:
(a) the procurement of insurance, guarantees, letters of credit and other forms of collateral, security, liquidity arrangements or credit supports for local obligations from any source, public or private, and the payment of premiums, fees, or other charges;
(b) the payment of the allocable shares of local governments, as determined by the Authority, of any costs, fees, charges, or expenses attributable to insurance, guarantees, letters of credit, and other forms of collateral, security, liquidity arrangements or credit supports incurred in connection with the issuance of bonds by the Authority to acquire local obligations of one or more local governments. The determination of the allocable shares may be made by the Authority on any reasonable basis;
(c) the combination of one or more projects, or the combination of one or more projects with one or more other undertakings, facilities, utilities, or systems, for the purpose of operations and financing, and the pledging of the revenues from the combined projects, undertakings, facilities, utilities, and systems to secure local obligations issued in connection with the combination or any part of it;
(d) the payment of the allocable shares of the local governments, as determined by the Authority on any reasonable basis, of rate stabilization funds established or required by the Authority in connection with the issuance of bonds by the Authority to acquire local obligations of two or more local governments.
All local governments issuing and selling local obligations to the Authority may perform any acts, take any action, adopt any proceedings and make and carry out any contracts with the Authority which are contemplated by this chapter. The contracts need not be identical among all participants in financings of the Authority, but may be structured as determined by the Authority according to the needs of the contracting local governments and the Authority.
All Statutes permitting local governments to borrow money and issue bonds (including both general obligation and revenue bonds) may be utilized by any local government borrowing money from the Authority to the full extent permitted by the Constitution and the Statutes.
Section 11-37-190. The State may make, but is not required to make, grants of money or property to the Authority for the purpose of enabling it to carry out its corporate purposes and for the exercise of its powers, including deposits to capital reserve funds. This section may not be construed to limit any other power to make grants to the Authority.
Section 11-37-200. (A) There is established by this section the Water Resources Coordinating Council which shall establish the priorities for all sewer, wastewater treatment, and water supply facility projects addressed in this chapter, except as otherwise established by Section 48-6-40. The council shall consist of a representative of the Governor, the Commissioner of the Department of Health and Environmental Control, the Executive Director of the Water Resources Commission, the Director of the Division of Local Government of the Budget and Control Board, the Chairman of the Coordinating Council on Economic Development, the Chairman of Jobs-Economic Development Authority, the Chairman of the Joint Bond Review Committee, the Chairman of the House Ways and Means Committee, and the Chairman of the Senate Finance Committee. These representatives may designate a person to serve in their place on the council, and the Governor shall appoint the chairman from among the membership of the council for a one-year term. The council shall establish criteria for the review of applications for projects. Not less often than annually, the council shall determine its priorities for projects. The council after evaluating applications shall notify the Authority of the priority projects. The South Carolina Jobs-Economic Development Authority shall provide the staff to receive, research, investigate, and process applications for projects made to the Coordinating Council and assist in the formulating of priorities. Upon notification by the council, the Authority shall proceed under the provision of this chapter. The Authority may consider applications for projects based upon the existence of a documented emergency consistent with regulations that may be promulgated by the Authority. In determining which local governments are to receive grants, the local governments shall provide not less than a fifty percent match for any project. The Authority may provide financing for the local matching funds on terms and conditions determined by the Authority.
(B) The duties of the Water Resources Coordinating Council are:
(1) establish procedures for receipt of applications;
(2) in cooperation with the Authority, establish criteria for funding priorities. These criteria, in compliance with the provisions of Chapter 23 of Title 1, must include, but are not limited to, the following factors:
(a) regional development - the need for multi-jurisdictional projects and the cooperation and coordination for regional economic development projects;
(b) development potential - the degree to which economic development activity can be stimulated in any given area and infrastructure used as a proactive economic development tool;
(c) economic impact - the degree to which jobs and income can be generated if the infrastructure improvements were made;
(d) local commitment and initiative - the availability of the local fifty percent match and local recognition of complimentary infrastructure needs including, but not limited to, such needs as transportation;
(e) infrastructure need - the degree to which specific infrastructure problems can be addressed and solved;
(f) area economic need - the degree of local 'distress' and need for economic assistance, particularly in less-developed or rural areas of the State;
(g) creditworthiness - the financial soundness of the infrastructure project, including the availability or lack of it of other funds to finance the infrastructure project;
(h) public health and welfare - to meet public health and welfare requirements within the local area;
(3) The Council must provide to the Authority, on an as-needed basis, technical assistance from their respective agencies for purposes of screening funding applications;
(4) The Council shall establish the funding priorities. The Authority may not deviate from the priorities established by the Council except for emergency projects as previously described. When setting its priorities, the Council shall establish a set aside of not less than ten percent of available funds approved in that year to meet unforseen needs. After having set its priorities, the Council shall review the priorities as necessary but not less than once during the year, and the Council may adjust the priorities as they consider necessary.
Section 11-37-210. The Authority in performing an essential governmental function in the exercise of the powers conferred upon it, is not required to pay any taxes or assessments upon any project or any property or upon any of its operations or the income from them, or any taxes or assessments upon any project or any property or local obligation acquired or used by the Authority or upon the income from them. Any bonds issued by the Authority, the transfer of bonds and the income from them, is free from taxation and assessment of every kind by the State and by the local governments and other political subdivisions of the State.
Section 11-37-220. The bonds issued by the Authority are legal investments in which all public officers or public bodies of the State, its political subdivisions, all municipalities and political subdivisions, all insurance companies and associations and other persons carrying on insurance business, all banks, bankers, banking associations, trust companies, savings banks, savings associations, including savings and loan association investment companies, and other persons carrying on a banking business, all administrators, guardians, executors, trustees, and other fiduciaries, and all other persons who are now or may be authorized in the future to invest in bonds or other obligations of the State, may invest funds, in their control or belonging to them. The bonds of the Authority are also securities which may be deposited with and received by all public officers and bodies of the State or any agency or political subdivision of the State and all municipalities and public corporations for any purpose for which the deposit of bonds or other obligations of the State is now or may later be required by law.
Section 11-37-230. All money of the Authority, except as otherwise authorized by law or provided in this chapter, must be deposited with and invested by the State Treasurer. Funds of the Authority not needed for immediate use or disbursement, including any funds held in any capital reserve fund, may be invested by the State Treasurer in obligations or securities which are declared to be legal obligations by the provisions of Chapter 5 of Title 6, Section 11-9-660, and Section 11-9-661.
Section 11-37-240. The Authority shall submit, following the close of each fiscal year, an annual report of its activities for the preceding year to the Governor and to the members of the General Assembly. Each report shall set forth a complete operating and financial statement of the Authority during the fiscal year it covers. The State Auditor, or upon his approval, an independent certified public accountant shall perform an audit of the books and accounts of the Authority at least once in each fiscal year.
Section 11-37-250. The provisions of this chapter must be liberally construed to the end that its beneficial purposes may be effectuated. No proceedings, notice, or approval is required for the issuance of any bonds of the Authority or any instruments or the security thereof, except as provided in this chapter. Insofar as the provisions of this chapter are inconsistent with the provisions of any other law, general, special, or local, the provisions of this chapter are controlling.
Section 11-37-260. If at any time any local government fails to effect the punctual payment of the principal of or interest on its local obligations, the State Treasurer shall withhold from the local government sufficient monies from any state appropriation to the local government and apply so much as is necessary to the payment of the principal of and interest on the local obligation of the government. All appropriations of local governments of the State are subject to the provisions of this section. If the local government does not receive state aid in an amount necessary to repay the obligation, the Comptroller General may levy and require the applicable county treasurer to collect and remit to the Authority an ad valorem tax sufficient to meet the obligation."
SECTION 3. Chapter 6, Title 48 of the 1976 Code, as added by Section 31, Part II, Act 170 of 1987, is amended to read:
Section 48-6-10. As used in this chapter:
(1) 'Department' means the South Carolina Department of Health and Environmental Control.
(2) 'Board Authority' means the South Carolina Budget and Control Board.
(3) 'Agency' means the United States Environmental Protection Agency.
(4) 'Council' means the Water Resources Coordinating Council established by Executive Order Number 87-12 pursuant to Section 11-37-200.
(5) 'Project sponsor' means any county, municipality, intermunicipal, interstate, state agency, or other eleemosynary entity created pursuant to the laws of this State which is empowered to enter into a debt obligation special purpose district as defined in the Federal Clean Water Act and associated regulations.
(6) 'Fund' means the money initially derived from capitalization grants pursuant to the Federal Clean Water Act and associated state match money, as well as repayments of all principal and interest on loans made from the 'fund' and any other money as may be committed to the fund.
(7) 'Loan agreement' means the agreement made between a project sponsor and the board Authority which provides for state assistance to the project sponsor and for the repayment thereof by the project sponsor.
(8) 'Priority system' means the priority ranking system utilized by the department to rank proposed wastewater projects pursuant to the Federal Clean Water Act.
(9) 'Project' means any undertaking for the treatment and disposal of wastewater, or other project as defined under the Clean Water Act and approved in the department's annual work plan and approved by the agency.
(10) 'State grants' means money to be made available to local units for the purpose of defraying costs incidental to any eligible project.
(11) 'Special tax' means the ad valorem tax to be imposed upon all taxable property of the project sponsor by reason of the requirements of any loan agreement.
Section 48-6-20. (A) There is created a revolving fund program. The board Authority shall manage funds and administer loans from the fund. Funds must be used only:
(1) to make loans to project sponsors in accordance with specifications of this act;
(2) to buy or refinance the debt obligation of a project sponsor at or below market rates, where a debt obligation was incurred after March 7, 1985;
(3) to guarantee, or purchase insurance for, local obligations where such action would improve credit market access or reduce interest rates;
(4) as a source of revenue or security for the payment of principal and interest on revenue or general obligation bonds issued if the proceeds of the sale of the bonds will be deposited in the fund;
(5) to provide loan guarantees for similar revolving funds established by the project sponsor;
(6) to earn interest on fund accounts; and
(7) for the reasonable costs of the board Authority and the department for administering the fund and conducting activities under this act.
(B) (1) The department shall deposit in the fund federal money allocated for the purpose of establishing a State Revolving Fund pursuant to the Federal Clean Water Act.
(2) The board Authority shall deposit in the fund state money appropriated to carry out the provisions of this chapter in a manner consistent with and to the extent necessary to match those federal funds allocated to the State under the provisions of the Federal Clean Water Act for the purpose of making loans to project sponsors.
(3) The board Authority shall annually deposit in the fund all receipts from the repayment of loans made pursuant to this chapter.
Section 48-6-30. Earnings on balances in the fund must be credited to the fund. Money remaining in the fund at the end of any fiscal year accrues only to the credit of the fund. Fund balances must be awarded in perpetuity.
Section 48-6-40. The department is empowered:
(1) to promulgate regulations, with board Authority input, to effectuate the provisions of this chapter. Initial regulations must be promulgated within twelve months of the effective date of this chapter;
(2) to develop a priority system as specified in Title II of the Federal Clean Water Act and to rank projects for which loan applications priority questionnaires have been received. This priority system shall at a minimum ensure consistency with the Federal Clean Water Act.
(3) to coordinate with the council on setting funding priorities for those state and federal funds not specified by the Clean Water Act.
(4) to prepare an annual plan for agency approval in accordance with the Federal Clean Water Act after providing for input from the board Authority and public comment and review;
(5) to enter into binding agreements as necessary with the agency to effect the implementation of this chapter.
Section 48-6-50. The board Authority is empowered:
(1) to manage the fund;
(2) to ensure that state money which constitutes the twenty percent match of agency funds is deposited to the fund upon or prior to the receipt of agency funds;
(3) to enter into loan agreements with project sponsors and ensure that the loan agreements are properly executed;
(4) to assist project sponsors in developing capital financing plans;
(5) to establish fiscal controls and accounting procedures to ensure proper accounting of funds;
(6) to collect fees from project sponsors;
(7) to deposit in the fund all receipts from the repayment of loans made pursuant to this act;
(8) to disperse monies from the fund to the department and the board Authority for fund and program management;
(9) to prepare an annual report with input from the department for the Governor and General Assembly, and make an annual report to the agency in accordance with the requirements of the Federal Clean Water Act.;
(10) to coordinate with the department to enter jointly into binding agreements with the agency to effect implementation of this chapter.
Section 48-6-60. All project sponsors are empowered:
(1) to undertake projects;
(2) to make application for and to receive assistance;
(3) to comply with regulations relating to the receipt and disposition of money of the fund;
(4) to apply for and receive state grants;
(5) to enter into loan agreements;
(6) to comply with all terms and conditions of any loan agreement.
Section 48-6-70. (A) Criteria for loans under this chapter must be developed by the department in concert with the board Authority and shall include relevant provisions of federal and state law and regulations.
(B) The loan agreement must be written by the project sponsor such that, upon any failure of the project sponsor to make payment to the board Authority in accordance with the time schedule fixed by the repayment schedule of the amount prescribed by the schedule, the board Authority may without further action require the State Treasurer and the Comptroller General to pay to the board Authority the amount of other state aid as the project sponsor unit may become entitled to until all delinquent payments under the repayment schedule, plus interest from the date of each delinquency at the rate of six percent a year, have been paid. In the event the project sponsor is a special purpose district and receives no other state aid, the agreement must prescribe that the Comptroller General may levy and require the applicable county treasurer to collect and remit to the board Authority, a special tax required by the loan agreement.
The claim of the State against other state aid of a defaulting project sponsor is a first lien."
SECTION 4. This act takes effect upon approval by the Governor./
Amend title to conform.
/s/J. Verne Smith /s/Jennings G. McAbee /s/Sam Applegate /s/Charles R. Sharpe /s/Herbert U. Fielding /s/Herbert Kirsh On Part of the Senate. On Part of the House.
Rep. McABEE explained the Free Conference Report.
The Free Conference Report was adopted and a message was ordered sent to the Senate accordingly.
The House stood at ease subject to the call of Chair.
At 11:59 A.M. the House resumed, the SPEAKER in the chair.
The oath of office was administered to Mrs. Sandra K. McKinney, Clerk-Elect of the House of Representatives, by the SPEAKER of the House.
The following was received.
June 21, 1988
Mrs. Lois Shealy
Clerk of the House of Representatives
State House
Columbia, S.C. 29201
Dear Mrs. Shealy:
Under date of June 21, 1988, the State Election Commission certified to this office the results of the election in House District No. 75, held in Richland County on June 14, 1988. The certification shows that Mrs. Candy Waites has been elected to the S.C. House of Representatives, District 75.
I, therefore, certify that Mrs. Candy Waites has been duly elected as a member of the S.C. House of Representatives from District 75, Richland County, for a term as prescribed by law.
Yours very truly,
John T. Campbell
Secretary of State
Received as information.
The following was received.
June 21, 1988
Honorable John T. Campbell
Secretary of State
Wade Hampton Office Building
Columbia, S.C. 29202
Dear Mr. Secretary:
The State Board of Canvassers hereby certifies that Mrs. Candy Waites was elected to the office of South Carolina State House of Representatives, District 75, at the special election held in Richland County on June 14, 1988.
Sincerely,
/s/C. Tyrone Gilmore, Chairman
/s/Margaret Townsend
/s/C.D. Sexton
State Board of Canvassers
Received as information.
Mrs. Candy Y. Waites, Member-elect from District No. 75, presented her credentials and the oath of office was administered to her by Supreme Court Justice Jean Toal.
The House stood at ease subject to the call of Chair.
At 12:25 P.M. the House resumed, the SPEAKER in the chair.
The following was received.
Columbia, S.C., June 21, 1988
Mr. Speaker and Members of the House:
The Senate respectfully invites your Honorable Body to attend in the Senate Chamber at 12:30 P.M. today for the purpose of Ratifying Acts.
Very respectfully,
President
On motion of Rep. FELDER the invitation was accepted.
The following was taken up for immediate consideration:
S. 1577 -- Senator Saleeby: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO DESIGNATE THAT PORTION OF THE HIGHWAY IN DARLINGTON COUNTY FROM SEGARS MILL PLACE TO HIGHWAY 151 AS THE "BOBO NEWSOME HIGHWAY".
Be it resolved by the Senate, the House of Representatives concurring:
That the Department of Highways and Public Transportation is requested to designate that portion of the highway in Darlington County from Segars Mill Place to Highway 151 as the "Bobo Newsome Highway".
Be it further resolved that appropriate markers be erected to indicate this designation.
Be it further resolved that a copy of this resolution be forwarded to the Department of Highways and Public Transportation.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
At 12:30 P.M. the House attended in the Senate Chamber, where the following Acts were duly ratified.
(R805) S. 1571 -- Senator Giese: AN ACT TO PROVIDE FOR MILITARY FIREARMS MANUFACTURED BY A FIRM LOCATED IN RICHLAND COUNTY, LICENSED BY THE FEDERAL GOVERNMENT, AND SUBJECT TO THE FEDERAL GUN CONTROL ACT TO BE LEGALLY MANUFACTURED, POSSESSED, AND SOLD IN RICHLAND COUNTY BY THE MANUFACTURER, PROVIDE FOR THE MANUFACTURER'S DUTIES AND PENALTIES, AND DEFINE "MILITARY FIREARMS".
(R806) S. 1 -- Senator Thomas E. Smith, Jr.: AN ACT TO AMEND SECTIONS 8-21-1010 AND 8-21-1060, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FEES COLLECTED BY MAGISTRATES, SO AS TO ALTER THE SCHEDULE OF FEES AND TO ALLOW MAGISTRATES TO AWARD ATTORNEYS' FEES; TO AMEND SECTION 22-1-10, RELATING TO THE APPOINTMENT OF MAGISTRATES, SO AS TO ESTABLISH THEIR TERMS AND TO DEFINE THEIR QUALIFICATIONS; TO AMEND SECTION 22-2-10, RELATING TO SENATORIAL RECOMMENDATIONS OF MAGISTRATES, SO AS TO DELETE PROVISIONS ALLOWING PREFERENTIAL ELECTIONS; TO AMEND THE 1976 CODE BY ADDING CHAPTER 8 TO TITLE 22 SO AS TO PROVIDE FOR MAGISTRATES' COMPENSATION AND FOR THE FUNDING OF THE OPERATION OF THEIR OFFICES; TO REQUIRE THE TRANSFER OF COUNTERCLAIMS, WHICH IF SUCCESSFUL WOULD EXCEED TWO THOUSAND FIVE HUNDRED DOLLARS, FROM MAGISTRATE'S COURT TO THE COURT OF COMMON PLEAS, TO ALLOW THE INCREASE OF THE NUMBER OF MAGISTRATES IN COUNTIES WHICH GENERATE FOUR MILLION DOLLARS OR MORE IN ACCOMMODATIONS TAX REVENUE, AND TO ALLOW AN ADDITIONAL PART-TIME MAGISTRATE IN COUNTIES HAVING A POPULATION OF FIFTEEN THOUSAND OR LESS IN CERTAIN INSTANCES; TO ALLOW APPEALS BY MAGISTRATES OF RULINGS BY COUNTY GOVERNING BODIES; TO AMEND SECTIONS 14-11-10, 14-11-20, 14-11-30, 14-11-60, AND 14-11-310, RELATING TO MASTERS-IN-EQUITY, SO AS TO REQUIRE, AS A PART OF THE UNIFIED JUDICIAL SYSTEM, A MASTER-IN-EQUITY COURT FOR COUNTIES HAVING A POPULATION OF AT LEAST ONE HUNDRED THIRTY THOUSAND AND TO PERMIT THE OTHER COUNTIES TO HAVE PART-TIME MASTERS-IN-EQUITY OR TO JOIN OTHER COUNTIES IN CREATING THE OFFICE, TO INCREASE THE TERMS OF MASTERS-IN-EQUITY FROM FOUR TO SIX YEARS, AND TO ESTABLISH QUALIFICATIONS FOR THE OFFICE, REQUIRE AN OATH, AND TO PROHIBIT OR LIMIT THE PRACTICE OF LAW BY MASTERS-IN-EQUITY, TO PROVIDE FOR FUNDING OF MASTERS-IN-EQUITY OFFICES, TO PROVIDE FOR THE COMPENSATION OF MASTERS-IN-EQUITY, TO PROVIDE FOR SPECIAL MASTERS-IN-EQUITY WHEN THE OFFICE OF MASTER-IN-EQUITY IS VACANT, AND TO ALTER THE FEE WHICH MASTERS-IN-EQUITY MAY COLLECT; TO AMEND SECTIONS 14-27-20, 14-27-30, AND 14-27-40, RELATING TO THE JUDICIAL COUNCIL, SO AS TO PROVIDE THAT TWO FAMILY COURT JUDGES AND TWO MASTERS-IN-EQUITY MUST BE APPOINTED TO THE COUNCIL BY THE CHIEF JUSTICE OF THE SUPREME COURT, TO ALLOW DESIGNEES TO SERVE INSTEAD OF EX OFFICIO MEMBERS, AND TO ESTABLISH TERMS OF THE MEMBERS; TO AMEND THE 1976 CODE BY ADDING SECTION 14-11-15 SO AS TO PROVIDE THAT THE MASTER-IN-EQUITY IS THE JUDGE OF THE EQUITY COURT, A DIVISION OF THE CIRCUIT COURT; TO AMEND SECTIONS 8-21-760 AND 14-23-1040, RELATING TO PROBATE JUDGES, SO AS TO PROVIDE FOR THEIR COMPENSATION, TO REQUIRE FUNDING OF THE OPERATION OF THE PROBATE COURT BY THE COUNTY, AND TO ESTABLISH QUALIFICATIONS FOR HOLDING THE OFFICE; TO AMEND THE 1976 CODE BY ADDING SECTIONS 8-21-765 AND 9-11-25 SO AS TO PROVIDE A COMPENSATION SCHEDULE FOR PROBATE JUDGES AND TO ALLOW THEM TO PARTICIPATE IN THE POLICE OFFICERS RETIREMENT SYSTEM; AND TO REPEAL SECTIONS 14-11-90, 14-11-140, 14-11-320, AND 22-2-180 RELATING TO MASTERS-IN-EQUITY AND MAGISTRATES.
(R807) S. 1568 -- Senator Lee: AN ACT TO AMEND AN ACT OF 1988 BEARING RATIFICATION NUMBER 719, RELATING TO THE ELECTION OF THE MEMBERS OF THE COUNTY BOARD OF EDUCATION FOR SPARTANBURG COUNTY, SO AS TO MAKE A TECHNICAL CHANGE.
(R808) S. 1430 -- Senator Hayes: AN ACT TO AMEND ACT 176 OF 1987, RELATING TO THE ESTABLISHMENT OF THE LAKE WYLIE MARINE COMMISSION, SO AS TO MAKE TECHNICAL CHANGES TO CONFORM TO A SIMILAR NORTH CAROLINA ACT SO THAT THE ACTS MAY BE SUBMITTED TO THE CONGRESS OF THE UNITED STATES FOR APPROVAL.
(R809) H. 3890 -- Reps. Edwards, Taylor, Keyserling, Cork and M.D. Burriss: AN ACT TO PROVIDE THAT PRIOR TO AUTHORIZATION OF THE EXPENDITURE OF ANY OIL OVERCHARGE REFUND MONIES PURSUANT TO CERTAIN PROVISIONS OF LAW, THE JOINT LEGISLATIVE COMMITTEE ON ENERGY SHALL REVIEW AND MAKE A RECOMMENDATION AS TO THE APPROVAL AND ADOPTION OF THIS STATE'S ENERGY POLICY, AUTHORIZE THE GOVERNOR'S OFFICE TO MAKE DECISIONS ON THE ALLOCATIONS OF ENERGY PROGRAM FUNDING PURSUANT TO GUIDELINES ESTABLISHED BY THE DEPARTMENT OF ENERGY, DECISIONS OF THE FEDERAL COURTS, AND THE JOINT LEGISLATIVE COMMITTEE ON ENERGY, REQUIRE THE JOINT LEGISLATIVE COMMITTEE ON ENERGY, AFTER CONSULTATION WITH THE GOVERNOR'S OFFICE, TO REVIEW THE PROJECTS APPROVED BY THE GOVERNOR FOR FUNDING, AUTHORIZE THE COMMITTEE TO WITHIN A SIXTY DAY PERIOD REMAND TO THE GOVERNOR'S OFFICE FOR RECONSIDERATION ANY OF THE APPROVED PROJECTS WITH WHICH THE COMMITTEE IS IN DISAGREEMENT, GRANT THE COMMITTEE CONTINUOUS ENERGY PROGRAM OVERSIGHT REGARDING THE ACTUAL EXPENDITURE AND USE OF THE OIL OVERCHARGE FUNDS, PROVIDE FOR CERTAIN EVALUATION OF STATE ENTITY FUNDS FROM THE GENERAL FUND OF THE STATE WHICH RECEIVES A FINANCIAL GAIN AS A RESULT OF ENERGY EFFICIENCY IMPROVEMENTS UNDERTAKEN AS A RESULT OF THE STATE'S ENERGY PROGRAMS, PROVIDE FOR THE REPORTING OF CERTAIN COST SAVINGS, PROVIDE FOR THE DEPOSIT OF THESE FUNDS AND THEIR DISBURSEMENT, AND REQUIRE THE STATE AUDITOR TO CONDUCT AN ANNUAL FINANCIAL COMPLIANCE AUDIT.
(R810) H. 4311 -- Reps. E.B. McLeod, Blanding, McElveen, G. Brown and Baxley: AN ACT TO AMEND ACT 470 OF 1971, AS AMENDED, RELATING TO THE VOCATIONAL. EDUCATION SCHOOL FOR SUMTER COUNTY, SO AS TO PROVIDE THAT TWO MEMBERS OF THE CAREER CENTER BOARD OF TRUSTEES MUST BE APPOINTED BY THE SUMTER COUNTY LEGISLATIVE DELEGATION, TO REQUIRE THE IMMEDIATE APPOINTMENT OF A SUCCESSOR TO A MEMBER OF THE CAREER CENTER BOARD UPON THE EXPIRATION OF HIS TERM, TO DELETE REFERENCES TO NONEXISTENT BOARDS AND COMMISSIONS AND TO REPLACE THEM WITH THEIR PRESENT COUNTERPARTS, TO PROVIDE FOR A DIRECTOR OF THE CAREER CENTER TO ACT AS SUPERVISOR AND FISCAL AGENT FOR THE SCHOOL, TO PROVIDE FOR EQUAL EQUITY IN SCHOOL PROPERTY BY SCHOOL DISTRICTS 2 AND 17 OF SUMTER COUNTY, AND TO DELETE REQUIREMENTS FOR APPROVAL OF TAX LEVIES MADE FOR THE SCHOOL BY THE COUNTY GOVERNING BODY.
(R811) H. 2752 -- Judiciary Committee: AN ACT TO AMEND SECTION 22-3-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MAGISTRATES' CIVIL JURISDICTION, SO AS TO INCREASE THE JURISDICTIONAL AMOUNT IN MAGISTRATES' COURT CASES FROM ONE THOUSAND DOLLARS TO TWO THOUSAND FIVE HUNDRED DOLLARS, TO PROVIDE THAT CIVIL JURISDICTION IN MAGISTRATES' COURT IS CONCURRENT JURISDICTION AND TO DELETE THE CIVIL JURISDICTION OF MAGISTRATES IN CASES OF BASTARDY.
At 12:40 P.M. the House resumed, the SPEAKER in the chair.
The SPEAKER appointed Reps. J. ARTHUR, BOAN and J. BROWN as a committee to notify the Senate that the House had completed its work, and pursuant to H. 4355, the Sine Die Adjournment Resolution, the House was ready to adjourn Sine Die.
The SPEAKER appointed Reps. J. ROGERS, WASHINGTON and HEARN as a committee to notify the Governor that the House had completed its work, and pursuant to H. 4355, the Sine Die Adjournment Resolution, the House was ready to adjourn Sine Die.
The following was received.
Columbia, S.C., June 21, 1988
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Free Conference on H. 2947:
H. 2947 -- Reps. McAbee and Sharpe: A BILL TO AMEND TITLE 11, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 37 SO AS TO ENACT THE SOUTH CAROLINA RESOURCES AUTHORITY ACT.
and the Report having been adopted by both Houses, has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
No. 64
Received as information.
The following was received.
Columbia, S.C., June 21, 1988
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has appointed Senators J. Verne Smith, Applegate and Fielding of the Committee of Free Conference on the part of the Senate on H. 2947:
H. 2947 -- Reps. McAbee and Sharpe: A BILL TO AMEND TITLE 11, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 37 SO AS TO ENACT THE SOUTH CAROLINA RESOURCES AUTHORITY ACT.
Very respectfully,
President
No. 39
Received as information.
The Senate sent to the House the following:
S. 1579 -- Senators Setzler, Applegate, Branton, Bryan, Courson, Dennis, Doar, Drummond, Fielding, Giese, Hayes, Hinson, Holland, Land, Leatherman, Lee, Leventis, Lindsay, Long, Lourie, Macaulay, Martin, Martschink, Matthews, McConnell, McGill, McLeod, Mitchell, Moore, Patterson, Peeler, Pope, Powell, Russell, Saleeby, Shealy, Horace C. Smith, J. Verne Smith, Nell W. Smith, Thomas E. Smith, Jr., Stilwell, Thomas, Waddell, Williams and Wilson: A CONCURRENT RESOLUTION TO COMMEND THE HONORABLE T. EDMOND GARRISON, OF ANDERSON IN ANDERSON COUNTY, FOR HIS LEGISLATIVE SERVICE AS A MEMBER OF THE SOUTH CAROLINA SENATE AND TO WISH HIM WELL IN HIS FUTURE ENDEAVORS.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The House stood at ease subject to the call of Chair.
At 12:50 P.M. the House resumed, the SPEAKER in the chair.
The following was received.
Columbia, S.C., June 21, 1988
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Conference on H. 2496:
H. 2496 -- Reps. Kohn and J. Bradley: A BILL TO AMEND SECTION 38-43-640, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EFFECTIVE DATE OF CERTAIN INSURANCE FILINGS, SO AS TO EXTEND FROM SIXTY DAYS TO ONE YEAR THE MAXIMUM ADDITIONAL WAITING PERIOD THE CHIEF INSURANCE COMMISSIONER MAY REQUEST BEFORE HE IS REQUIRED TO RULE ON THE FILING.
Very respectfully,
President
No. 65
The report of the Committee of Conference having been adopted by both Houses, and this Bill having been read three times in each House, it was ordered that the title thereof be changed to that of an Act, and that it be enrolled for ratification.
The following was received.
Columbia, S.C., June 21, 1988
Mr. Speaker and Members of the House:
The Senate respectfully invites your Honorable Body to attend in the Senate Chamber at 1:00 P.M. today for the purpose of Ratifying Acts.
Very respectfully,
President
On motion of Rep. L. MARTIN the invitation was accepted.
The House stood at ease subject to the call of Chair.
At 12:55 P.M. the House resumed, the SPEAKER in the chair.
Senators Land, Powell and Thomas of a committee from the Senate informed the House that the Senate had completed its work, and was ready to adjourn Sine Die.
The Senate sent to the House the following:
S. 1580 -- Senator Lee: A CONCURRENT RESOLUTION TO COMMEND MAJOR JAMES K. WILSON OF THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION (SLED) FOR THE OUTSTANDING JOB HE HAS DONE IN COORDINATING THE BUCK-A-CUP TO BRACE-A-CHILD CAMPAIGN WITH THE EASTER SEAL SOCIETY AND THE SOUTH CAROLINA RESTAURANT ASSOCIATION FOR THE LAST TWENTY-FIVE CONSECUTIVE YEARS.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 1581 -- Senators Peeler, Hayes and Hinson: A CONCURRENT RESOLUTION CONGRATULATING AND COMMENDING THE HONORABLE M. GENE FARRIS OF YORK COUNTY, WHO IS RETIRING AS MAGISTRATE, FOR HIS EXCELLENT AND DEDICATED PUBLIC SERVICE, AND WISHING HIM HAPPINESS AND SUCCESS IN ALL OF HIS FUTURE ENDEAVORS.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
Rep. BLACKWELL moved that upon the conclusion of the Ratification of Acts, the House stand adjourned Sine Die, which was adopted.
At 1:00 P.M. the House attended in the Senate Chamber, where the following Acts were duly ratified.
(R812) H. 2947 -- Reps. McAbee and Sharpe: AN ACT TO AMEND TITLE 11, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 37 SO AS TO ENACT THE SOUTH CAROLINA RESOURCES AUTHORITY ACT; AND TO AMEND CHAPTER 6, TITLE 48, RELATING TO THE WATER POLLUTION REVOLVING FUND, SO AS TO MAKE CHANGES TO CONFORM IT TO THE FEDERAL CLEAN WATER ACT.
(R813) H. 4274 -- Rep. Harvin: AN ACT TO AMEND ACT 593 OF 1986, RELATING TO THE ELECTION AND APPOINTMENT OF THE BOARD OF TRUSTEES OF SCHOOL DISTRICT NO. 1 IN CLARENDON COUNTY, SO AS TO PROVIDE FOR FIVE ELECTED AND TWO APPOINTED MEMBERS OF THE BOARD WITH THE FIVE ELECTED MEMBERS ELECTED AT LARGE RATHER THAN FROM SINGLE-MEMBER DISTRICTS, AND PROVIDE A TRANSITION PERIOD FOR THE ELECTION AND APPOINTMENT FOR MEMBERS OF THE BOARD; AND PROVIDE THAT THE MEMBERS OF THE CLARENDON COUNTY BOARD OF EDUCATION AND EMPLOYEES OF THE BOARD MAY BE PAID EXPENSES FROM FUNDS FORWARDED TO THE BOARD FOR THE POSITION OF COUNTY SUPERINTENDENT OF EDUCATION.
(R814) H. 2496 -- Reps. Kohn and J. Bradley: AN ACT TO PROVIDE THAT FOR A PERIOD OF TWO YEARS, THE WAITING PERIOD REQUIRED BY SECTION 38-73-960 OF THE 1976 CODE MAY BE EXTENDED BY THE COMMISSIONER FOR AN ADDITIONAL PERIOD OF SIX MONTHS RATHER THAN SIXTY DAYS IN THE MANNER PERMITTED BY THE SECTION.
At 1:11 P.M. the House resumed, the SPEAKER in the chair.
The Senate returned to the House with concurrence the following:
H. 4376 -- Rep. Corning: A CONCURRENT RESOLUTION TO CONGRATULATE MRS. MARTHA B. MCCLAIN, AN ART TEACHER AT JOSEPH KEELS ELEMENTARY SCHOOL IN RICHLAND COUNTY SCHOOL DISTRICT TWO, UPON BEING NAMED SOUTH CAROLINA'S TEACHER OF THE YEAR IN A COMPETITION SPONSORED BY THE IBM CORPORATION AND CLASSROOM COMPUTER LEARNING MAGAZINE.
O God our Father, through out days past we have lifted our thoughts to You in simple trust. And now as this Chamber is soon to be silent, we remember with thanksgiving those who will no longer respond to the Speaker's gavel and rollcalls. We thank You for friendships enjoyed, for service which endures, for work remembered, for glowing hours of success and for lessons learned in failure. But most of all we are thankful for Your constant presence -- guiding, guarding and judging us. Give us health, joy and peace as we move to different scenes and other activities.
"The Lord bless you and keep you; The Lord make His Face shine upon you and be gracious to you; The Lord lift up His Countenance upon you and give you peace".
Amen.
At 1:12 P.M. the House in accordance with the motion of Rep. BLACKWELL adjourned Sine Die.
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