Indicates Matter Stricken
Indicates New Matter

Pursuant to Executive Order of the Governor No. 90-14, the Senate assembled at 12:00 Noon, the hour to which it stood adjourned and was called to order by the PRESIDENT.

A quorum being present the proceedings were opened with a devotion by the Chaplain as follows:

Beloved, it is recorded in the Book of Revelation that one of the Songs of Praise at the end of time will be (Rev. 15:3):

"Great and wonderful are Thy deeds,

O Lord God the Almighty!

Just and true are Thy ways,

O King of the Ages!"
Let us pray.

O, Lord, in whose name we began this Session of our General Assembly, we give You thanks for the vision, the strength, the skills and the artistry, with which You have blest us that we should be equal to the laborious tasks that have been ours.

May the fruits of our labors be carried as blessings to the cities and countrysides that South Carolina may be a finer place in which to live and rear our children... and to serve our God and Country.

Now, beloved, unto God's most gracious care and protection we commend you... in the words of an ancient benediction:

"May the defense of the Most High

be above and beneath you,

Around you and within you, in your going

out and in your coming in,

In your rising up and your going down,

All your days and all your nights,

Until the Dawn when the Song of Righteousness

shall arise with healing in His

wings for the people of the world,

Though Jesus Christ our Lord. Amen."

EXECUTIVE ORDER NO. 90-14

WHEREAS, the South Carolina House of Representatives has adjourned sine die pursuant to Section 2-1-180 Code of Laws of South Carolina, 1979 (1989 Cum. Supp.); and

WHEREAS, the South Carolina State Senate has voted to recede until a date no later than June 21, 1990; and

WHEREAS, one house of the General Assembly has adjourned and the other House receded, "subject to the call of the Chair"; and

WHEREAS, in view of the above cited facts and other conditions, I find that there is a disagreement between the two houses with respect to the time of adjournment; and

WHEREAS, Article IV, Section 19 of the South Carolina Constitution provides that in case of disagreement between the two houses during any session with respect to the time of adjournment, the Governor may adjourn them to such time as he shall think proper, not beyond the time of the annual session then next ensuing; and

WHEREAS, I am mindful of the duties and responsibilities placed on me by the Constitution and laws of this State; and

WHEREAS, a majority of the Senate and the House of Representatives has indicated its support for a concurrent resolution setting a specific agenda for consideration of matters currently before the General Assembly and an adjournment time of 5:00 P.M. on June 19, 1990.

NOW, THEREFORE, I hereby order that both houses of the General Assembly are adjourned until June 19, 1990 at 12:00 Noon, and at which time the regular session shall be resumed to complete the work of the General Assembly.

GIVEN UNDER MY HAND AND
THE GREAT SEAL OF THE STATE
OF SOUTH CAROLINA, THIS
14TH DAY OF JUNE, 1990.
Carroll A. Campbell, Jr.
Governor

John T. Campbell
Secretary of State

The South Carolina Senate finds itself in a situation that is not unfamiliar with regard to completion of the work necessary to be done prior to concluding the work of the 1990 session of the General Assembly. It is the prudent and responsible thing to do to preserve any opportunity for the General Assembly to finish all matters important to the people of South Carolina prior to the Sine Die adjournment of the General Assembly.

In 1980, and again in 1985, the Senate was confronted with a situation where the House adjourned on the statutory deadline with important matters yet to be considered. On both occasions the Senate took a similar action and decided to recede from business to preserve the opportunity for the Governor, as he is authorized to do under Article IV, Section 19 of the South Carolina Constitution, to bring the General Assembly back to complete its work.

While the Senate's action is no guarantee that the General Assembly will return to dispose of unfinished business, it, at a minimum, provides two important opportunities. First, it allows the Governor to bring this General Assembly back without the necessity of calling a special session, and additionally, it avoids the excessive costs that are associated with the operation of the special session.

Further, the Senate wishes to avoid any ambiguity or uncertainty as to the execution and administration of any laws properly enacted, ratified and sent to the Governor. The Senate action responsibly maintains the Executive Branch's prerogative to veto legislation enacted during this session and have such veto become effective immediately, if not overridden, rather than have such veto's effect being delayed until January, 1991.

Section 1A, Article III of the Constitution of South Carolina states:
The General Assembly ought frequently to assemble for the redress of grievances and for making new laws, as the common good may require.

By receding and not adjourning, the Senate has acted in the hope of allowing the General Assembly to fulfill its constitutional responsibility to provide for "the common good" of the people of South Carolina.

At the request of Senator NELL W. SMITH, with unanimous consent, ordered printed in the Journal.

Senator WILLIAMS moved that a call of the Senate be made. The following Senators answered the call:

Bryan                     Courson                   Drummond
Fielding                  Giese                     Gilbert
Hayes                     Helmly                    Hinds
Hinson                    Holland                   Land
Leatherman                Lee                       Long
Lourie                    Macaulay                  Martin
Martschink                Matthews                  McConnell
McGill                    McLeod                    Mitchell
Moore                     Mullinax                  O'Dell
Passailaigue              Patterson                 Peeler
Pope                      Rose                      Russell
Saleeby                   Shealy                    Smith, H.C.
Smith, J.V.               Stilwell                  Thomas
Waddell                   Williams                  Wilson

The Senate resumed.

The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.

June 19, 1990
Mr. President and Members of the Senate:

I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the Senate," and is, therefore, submitted for your consideration.

Respectfully,
Carroll A. Campbell, Jr.

Appointment, Williamsburg County Magistrate, with term to expire April 30, 1994:

Norris Wallace, Sr., 718 St. Marks Street, Kingstree, S.C. 29556

June 18, 1990
Mr. President and Members of the Senate:

I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the Senate," and is, therefore, submitted for your consideration.

Respectfully,
Carroll A. Campbell, Jr.

Reappointment, Beaufort County Magistrate, with term to expire April 30, 1994:

Cecil P. Reynolds, Post Office Box 96, Bluffton, S.C. 29910

June 18, 1990
Mr. President and Members of the Senate:

I am transmitting herewith appointments for confirmation. These appointments are made with the "advice and consent of the Senate," and are, therefore, submitted for your consideration.

Respectfully,
Carroll A. Campbell, Jr.

Reappointments, Beaufort County Board of Voter Registration:

Jennie S. Green, Route 9, Box 334, Burton, S.C. 29902

Harry M. Barkley, 13 Misty Morning Drive, Hilton Head Island, S.C. 29926

Richard A. Dey, 4 Twin Pines Court, Hilton Head Island, S.C. 29928

James W. Richardson, 1003 Ribaut Road, Beaufort, S.C. 29902

Rosalyn Thompson, Dale Post Office, Dale, S.C. 29914

June 18, 1990
Mr. President and Members of the Senate:

I am transmitting herewith appointments for confirmation. These appointments are made with the "advice and consent of the Senate," and are, therefore, submitted for your consideration.

Respectfully,
Carroll A. Campbell, Jr.

Reappointments, Orangeburg County Magistrates, with terms to expire April 30, 1991:

Gerald Atmar Thompson, Sr., Route 1, Box 156, Branchville, S.C. 29432

Jacob Gillens, Sr., Post Office Box 188, Eutawville, S.C. 29048

Benjamin Spells, Post Office Box 1159, Holly Hill, S.C. 29059

Donald West, Post Office Box 365, Bowman, S.C. 29018

Foye Covington, Post Office Box 436, Norway, S.C. 29113

Rita W. Brown, Post Office Box 355, Springfield, S.C. 29146

James Keller Ulmer, III, P.O. Box 216, Elloree, S.C. 29047

Allan T. Holmes, Post Office Box 489, North, S.C. 29112

Appointment with term to expire April 30, 1991:

Willie Robinson, Jr., Route 4, Box 1276, Orangeburg, S.C. 29115

June 18, 1990
Mr. President and Members of the Senate:

I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the Senate," and is, therefore, submitted for your consideration.

Respectfully,
Carroll A. Campbell, Jr.

Reappointment, Allendale County Magistrate with term to expire April 30, 1994:

James Phillip Dedmon, 301 North Main Street, Allendale, S.C. 29810

June 18, 1990
Mr. President and Members of the Senate:

I am transmitting herewith appointments for confirmation. These appointments are made with the "advice and consent of the Senate," and are, therefore, submitted for your consideration.

Respectfully,
Carroll A. Campbell, Jr.

Reappointments, Greenville County Magistrates:

Diane D. Cagle, 6247 White Horse Road, Greenville, S.C. 29611

Harold L. Grimsley, 500 E. Lee Road, Taylors, S.C. 29687

Harry J. Haynesworth, III, 4 McGee Street, Greenville, S.C. 29601

S. Hunter Howard, 116 South Main Street, Simpsonville, S.C. 29681

Harold V. Lollis, 4 McGee Street, Greenville, S.C. 29601

Carroll G. Morrow, 4798 Jordan Road, Greenville, S.C. 29651

Mildred T. Stokes, Post Office Box 1870, Greer, S.C. 29651

Thomas E. Taylor, 391 Sandy Springs Road, Piedmont, S.C. 29673

R. Carey Werner, 117 South Main Street, Greer, S.C. 29651

Jimmy Wilson, Sr., 514 South Fairfield Road, Greenville, S.C. 29605

Don Irvin Hensley, 34 Kellogg Avenue, Greenville, S.C. 29611

Appointments effective January 1, 1991:
Mann Batson, 203 Love Drive, Travelers Rest, S.C. 29690 VICE Paul M. Vernon
Dill Blackwell, 1100 Little Texas Road, Travelers Rest, S.C. 29690 VICE Herbert R. Page

Appointment:
Lewis O. McNeil, 4 McGee Street, Greenville, S.C. 29601 VICE Hoyt Martin (resigned)

June 18, 1990
Mr. President and Members of the Senate:

I am transmitting herewith appointments for confirmation. These appointments are made with the "advice and consent of the Senate," and are, therefore, submitted for your consideration.

Respectfully,
Carroll A. Campbell, Jr.

Reappointments, Dorchester County Board of Voter Registration, with terms to expire March 15, 1992:

Orion P.D. Canat, 133 Axtel Drive, Summerville, S.C. 29485

Raymond Garvin, 10 Garvin Street, St. George, S.C. 29477

Appointment:

Martha H. Hollis, 113 Pelican, Ladson, S.C. 29456 VICE Jesse L. Summers

June 18, 1990
Mr. President and Members of the Senate:

I am transmitting herewith appointments for confirmation. These appointments are made with the "advice and consent of the Senate," and are, therefore, submitted for your consideration.

Respectfully,
Carroll A. Campbell, Jr.

Reappointments, Aiken County Board of Voter Registration:

Shirley Harden, 539 Mortmorenci Road, Aiken, S.C. 29801

Arlene D. Lyman, 802 Merriweather Drive, North Augusta, S.C., 29841

Alicia Brooks, 2770 Martingale Lane, Aiken, S.C. 29801

Frances Pennington, Post Office Box 43, Aiken, S.C. 29856

Columbia, S.C., June 7, 1990

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 3800 -- Reps. Hearn, Wilder and Baxley: A BILL TO AMEND SECTION 40-35-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR THE PURPOSE OF NURSING HOME ADMINISTRATORS, SO AS TO DEFINE THE TERM "COMMUNITY RESIDENTIAL CARE FACILITY" AND THE TERM "COMMUNITY RESIDENTIAL CARE FACILITY ADMINISTRATOR"; TO ADD SECTION 40-35-35 SO AS TO PROVIDE FOR THE LICENSURE OF COMMUNITY RESIDENTIAL CARE FACILITY ADMINISTRATORS; TO ADD SECTION 44-7-275, SO AS TO PROVIDE FOR A CRIMINAL RECORDS CHECK FOR APPLICATIONS FOR LICENSURE UNDER ARTICLE 3, CHAPTER 7, TITLE 34 WHICH IS THE "STATE CERTIFICATION OF NEED ON HEALTH FACILITY LICENSURE ACT"; TO AMEND SECTION 44-7-370, AS AMENDED, RELATING TO THE RESIDENTIAL CARE COMMITTEE TO ASSIST THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL REGARDING THE LICENSING AND INSPECTION OF COMMUNITY RESIDENTIAL CARE, SO AS TO REVISE THE MEMBERSHIP OF THE COMMITTEE; AND TO REPEAL SECTION 44-7-310, RELATING TO CERTAIN INFORMATION RECEIVED BY THE OFFICE OF HEALTH LICENSING NOT TO BE PUBLICLY DISCLOSED.
and has ordered the Bill enrolled for Ratification.

Very respectfully,
Speaker of the House

Received as information.

Columbia, S.C., June 19, 1990

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has appointed Reps. Wilkins, J. Rogers and Washington of the Committee of Free Conference on the part of the House on:
H. 5072 -- Reps. Sheheen, J. Rogers, Beasley, Bennett, R. Brown, McLellan, McTeer, Moss and Wilkins: A CONCURRENT RESOLUTION TO PROVIDE THAT WHEN THE RESPECTIVE HOUSES OF THE GENERAL ASSEMBLY ADJOURN ON THURSDAY, JUNE 7, 1990, AT 5:00 P.M THEY SHALL STAND ADJOURNED TO MEET AT 10:00 A.M. ON JUNE 8, 11, 12, 13, 14, AND 15, 1990, FOR CONSIDERATION OF LOCAL UNCONTESTED MATTERS HAVING UNANIMOUS CONSENT OF THE MEMBERS OF AFFECTED DELEGATIONS AND FOR THE CONSIDERATION OF CONGRATULATORY OR SYMPATHY RESOLUTIONS AND TO PROVIDE THAT WHEN THE RESPECTIVE HOUSES OF THE GENERAL ASSEMBLY ADJOURN ON FRIDAY, JUNE 15, 1990, THEY SHALL STAND ADJOURNED TO MEET IN REGULAR STATEWIDE SESSION AT 11:30 A.M. ON MONDAY, JUNE 18, 1990, TO PROVIDE FOR THOSE ITEMS OF LEGISLATIVE BUSINESS IN ORDER ON JUNE 18, 1990, AND TO PROVIDE THAT THE GENERAL ASSEMBLY SHALL STAND ADJOURNED SINE DIE ON THURSDAY, JUNE 21, 1990 NO LATER THAN 5:00 P.M.
Very respectfully,
Speaker of the House

Received as information.

Columbia, S.C., June 19, 1990

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has adopted the report of the Committee of Free Conference on the following:
H. 5072 -- Reps. Sheheen, J. Rogers, Beasley, Bennett, R. Brown, McLellan, McTeer, Moss and Wilkins: A CONCURRENT RESOLUTION TO PROVIDE THAT WHEN THE RESPECTIVE HOUSES OF THE GENERAL ASSEMBLY ADJOURN ON THURSDAY, JUNE 7, 1990, AT 5:00 P.M THEY SHALL STAND ADJOURNED TO MEET AT 10:00 A.M. ON JUNE 8, 11, 12, 13, 14, AND 15, 1990, FOR CONSIDERATION OF LOCAL UNCONTESTED MATTERS HAVING UNANIMOUS CONSENT OF THE MEMBERS OF AFFECTED DELEGATIONS AND FOR THE CONSIDERATION OF CONGRATULATORY OR SYMPATHY RESOLUTIONS AND TO PROVIDE THAT WHEN THE RESPECTIVE HOUSES OF THE GENERAL ASSEMBLY ADJOURN ON FRIDAY, JUNE 15, 1990, THEY SHALL STAND ADJOURNED TO MEET IN REGULAR STATEWIDE SESSION AT 11:30 A.M. ON MONDAY, JUNE 18, 1990, TO PROVIDE FOR THOSE ITEMS OF LEGISLATIVE BUSINESS IN ORDER ON JUNE 18, 1990, AND TO PROVIDE THAT THE GENERAL ASSEMBLY SHALL STAND ADJOURNED SINE DIE ON THURSDAY, JUNE 21, 1990 NO LATER THAN 5:00 P.M.
Very respectfully,
Speaker of the House

Received as information.

H. 5072 -- Reps. Sheheen, J. Rogers, Beasley, Bennett, R. Brown, McLellan, McTeer, Moss and Wilkins: A CONCURRENT RESOLUTION TO PROVIDE THAT WHEN THE RESPECTIVE HOUSES OF THE GENERAL ASSEMBLY ADJOURN ON THURSDAY, JUNE 7, 1990, AT 5:00 P.M THEY SHALL STAND ADJOURNED TO MEET AT 10:00 A.M. ON JUNE 8, 11, 12, 13, 14, AND 15, 1990, FOR CONSIDERATION OF LOCAL UNCONTESTED MATTERS HAVING UNANIMOUS CONSENT OF THE MEMBERS OF AFFECTED DELEGATIONS AND FOR THE CONSIDERATION OF CONGRATULATORY OR SYMPATHY RESOLUTIONS AND TO PROVIDE THAT WHEN THE RESPECTIVE HOUSES OF THE GENERAL ASSEMBLY ADJOURN ON FRIDAY, JUNE 15, 1990, THEY SHALL STAND ADJOURNED TO MEET IN REGULAR STATEWIDE SESSION AT 11:30 A.M. ON MONDAY, JUNE 18, 1990, TO PROVIDE FOR THOSE ITEMS OF LEGISLATIVE BUSINESS IN ORDER ON JUNE 18, 1990, AND TO PROVIDE THAT THE GENERAL ASSEMBLY SHALL STAND ADJOURNED SINE DIE ON THURSDAY, JUNE 21, 1990 NO LATER THAN 5:00 P.M.

On motion of Senator WILLIAMS, with unanimous consent, Free Conference Powers were granted to the Committee of Conference, whereupon the PRESIDENT appointed Senators WILLIAMS, STILWELL and HOLLAND of the Committee of Free Conference on the part of the Senate, and a message was sent to the House accordingly.

H. 5072 -- Reps. Sheheen, J. Rogers, Beasley, Bennett, R. Brown, McLellan, McTeer, Moss and Wilkins: A CONCURRENT RESOLUTION TO PROVIDE THAT WHEN THE RESPECTIVE HOUSES OF THE GENERAL ASSEMBLY ADJOURN ON THURSDAY, JUNE 7, 1990, AT 5:00 P.M THEY SHALL STAND ADJOURNED TO MEET AT 10:00 A.M. ON JUNE 8, 11, 12, 13, 14, AND 15, 1990, FOR CONSIDERATION OF LOCAL UNCONTESTED MATTERS HAVING UNANIMOUS CONSENT OF THE MEMBERS OF AFFECTED DELEGATIONS AND FOR THE CONSIDERATION OF CONGRATULATORY OR SYMPATHY RESOLUTIONS AND TO PROVIDE THAT WHEN THE RESPECTIVE HOUSES OF THE GENERAL ASSEMBLY ADJOURN ON FRIDAY, JUNE 15, 1990, THEY SHALL STAND ADJOURNED TO MEET IN REGULAR STATEWIDE SESSION AT 11:30 A.M. ON MONDAY, JUNE 18, 1990, TO PROVIDE FOR THOSE ITEMS OF LEGISLATIVE BUSINESS IN ORDER ON JUNE 18, 1990, AND TO PROVIDE THAT THE GENERAL ASSEMBLY SHALL STAND ADJOURNED SINE DIE ON THURSDAY, JUNE 21, 1990 NO LATER THAN 5:00 P.M.

On motion of Senator WILLIAMS, with unanimous consent, the Report of the Committee of Free Conference was taken up for immediate consideration.

Senator WILLIAMS spoke on the Report.

On motion of Senator WILLIAMS, with unanimous consent, the Report was adopted as follows:

The General Assembly, Columbia, S.C., June 19, 1990

The COMMITTEE OF FREE CONFERENCE, to whom was referred:
H. 5072 -- Reps. Sheheen, J. Rogers, Beasley, Bennett, R. Brown, McLellan, McTeer, Moss and Wilkins: A CONCURRENT RESOLUTION TO PROVIDE THAT WHEN THE RESPECTIVE HOUSES OF THE GENERAL ASSEMBLY ADJOURN ON THURSDAY, JUNE 7, 1990, AT 5:00 P.M THEY SHALL STAND ADJOURNED TO MEET AT 10:00 A.M. ON JUNE 8, 11, 12, 13, 14, AND 15, 1990, FOR CONSIDERATION OF LOCAL UNCONTESTED MATTERS HAVING UNANIMOUS CONSENT OF THE MEMBERS OF AFFECTED DELEGATIONS AND FOR THE CONSIDERATION OF CONGRATULATORY OR SYMPATHY RESOLUTIONS AND TO PROVIDE THAT WHEN THE RESPECTIVE HOUSES OF THE GENERAL ASSEMBLY ADJOURN ON FRIDAY, JUNE 15, 1990, THEY SHALL STAND ADJOURNED TO MEET IN REGULAR STATEWIDE SESSION AT 11:30 A.M. ON MONDAY, JUNE 18, 1990, TO PROVIDE FOR THOSE ITEMS OF LEGISLATIVE BUSINESS IN ORDER ON JUNE 18, 1990, AND TO PROVIDE THAT THE GENERAL ASSEMBLY SHALL STAND ADJOURNED SINE DIE ON THURSDAY, JUNE 21, 1990 NO LATER THAN 5:00 P.M.

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 resolution, as and if amended, by striking all after the resolving words and inserting therein:

/That the mandatory sine die adjournment date for the General Assembly prescribed in Section 2-1-180 of the 1976 Code is extended, as authorized by that code section, to permit the General Assembly to continue in session under the following terms and conditions:

The respective Houses shall meet on Tuesday, June 19, 1990, at 12:00 Noon, and may continue in session until 5:00 p.m. on that day for consideration of the following items of business which may be taken up only in the specific order in which they are enumerated:

(a)   the setting of a time or times for the ratification of acts;

(b)   receipt and confirmation of appointments;

(c)   gubernatorial vetoes; and

(d)   the receipt of and action on conference and free conference reports.

The provisions of this resolution are deemed to be in compliance with the requirements of Article III, Section 21 of the South Carolina Constitution. When the General Assembly adjourns on Tuesday, June 19, 1990, no later than 5:00 p.m., and it may stay in session no later than 5:00 p.m., it shall stand adjourned sine die./

Amend title to conform.

Marshall B. Williams              David H. Wilkins
Donald H. Holland                 John I. Rogers, III
H. Samuel Stilwell                McKinley Washington, Jr.
On Part of the Senate.              On Part of the House.

, and a message was sent to the House accordingly.

The following were introduced:

S. 1654 -- Senator Rose: A SENATE RESOLUTION TO CONGRATULATE THE MEMBERS OF THE ALPHA KAPPA ALPHA SORORITY, INCORPORATED, SUMMERVILLE, SOUTH CAROLINA, FOR THEIR DEDICATED SERVICE TO THE COMMUNITY.

On motion of Senator ROSE, with unanimous consent, the Senate Resolution was adopted.

S. 1655 -- Senator Macaulay: A SENATE RESOLUTION TO COMMEND TROOPER FIRST CLASS LEWIS CALHOUN STUTTS OF THE SALEM COMMUNITY IN OCONEE COUNTY FOR HIS SERVICE TO THE STATE OF SOUTH CAROLINA AS A MEMBER OF THE STATE HIGHWAY PATROL.

On motion of Senator MACAULAY, with unanimous consent, the Senate Resolution was adopted.

S. 1656 -- Senator Macaulay: A SENATE RESOLUTION TO COMMEND TROOPER FIRST CLASS WILLIAM EARLE GIBSON, SR., OF SENECA FOR HIS SERVICE TO THE STATE OF SOUTH CAROLINA AS A MEMBER OF THE STATE HIGHWAY PATROL.

On motion of Senator MACAULAY, with unanimous consent, the Senate Resolution was adopted.

S. 1657 -- Senator Macaulay: A SENATE RESOLUTION TO COMMEND TROOPER FIRST CLASS RONALD WILSON OF SENECA FOR HIS SERVICE TO THE STATE OF SOUTH CAROLINA AS A MEMBER OF THE STATE HIGHWAY PATROL.

On motion of Senator MACAULAY, with unanimous consent, the Senate Resolution was adopted.

S. 1658 -- Senator Saleeby: A SENATE RESOLUTION TO EXPRESS THE INTENT OF THE MEMBERS OF THE SENATE THAT THE PROVISIONS OF SECTION 38-77-590 OF THE 1976 CODE, AS AMENDED BY ACT 524 OF 1990, RELATING TO THE INCREASE TO TEN YEARS THE YEARS OF LICENSURE FOR AN APPLICANT TO BE A DESIGNATED PRODUCER FOR AUTOMOBILE INSURANCE, APPLY TO APPLICATIONS OR DESIGNATIONS RECEIVED AFTER JUNE 4, 1990.

Senator SALEEBY spoke on the Senate Resolution.

On motion of Senator SALEEBY, with unanimous consent, the Senate Resolution was adopted.

H. 3091 -- Reps. Washington, Whipper, D. Martin, Holt, J. Bailey and Barber: A BILL TO AMEND ACT 340 OF 1967, AS AMENDED, RELATING TO THE CREATION OF THE SCHOOL DISTRICT OF CHARLESTON COUNTY, SO AS TO INCREASE THE MEMBERSHIP OF THE GOVERNING BODY OF THE SCHOOL DISTRICT FROM NINE TO ELEVEN MEMBERS AND TO PROVIDE FOR THEIR ELECTION FROM SINGLE MEMBER DISTRICTS FROM WHICH MEMBERS OF THE HOUSE OF REPRESENTATIVES ARE ELECTED RATHER THAN FROM PREVIOUS ENUMERATED DISTRICTS.

Senator FIELDING asked unanimous consent to make a motion to recall the Bill from the Charleston Delegation.

Senator MARTSCHINK objected.

H. 5182 -- Rep. T. Rogers: A CONCURRENT RESOLUTION TO EXPRESS THE SUPPORT OF THE GENERAL ASSEMBLY OF SOUTH CAROLINA FOR THE UPCOMING UNITED NATIONS WORLD SUMMIT FOR CHILDREN.

On motion of Senator McLEOD, with unanimous consent, the Concurrent Resolution was recalled from the Committee on Medical Affairs.

On motion of Senator McLEOD, the Resolution was taken up for immediate consideration.

On motion of Senator McLEOD, the Concurrent Resolution was adopted, ordered returned to the House.

Pursuant to an invitation the Honorable Speaker and House of Representatives appeared in the Senate Chamber at 12:30 P.M. and the following Acts were ratified:

(R730) S. 961 -- Senator Rose: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 17-15-240 SO AS TO ALLOW BAIL BOND MONEY TO BE DEPOSITED IN INTEREST-BEARING ACCOUNTS, TO PROVIDE THAT THE INTEREST ON THESE ACCOUNTS IS PUBLIC FUNDS, TO PROVIDE FOR THE DISTRIBUTION OF THE INTEREST, AND TO AUTHORIZE SOUTH CAROLINA COURT ADMINISTRATION TO PRESCRIBE PROCEDURES FOR HANDLING AND ACCOUNTING FOR BAIL BOND INTEREST.

(R731) S. 1394 -- Senator Lourie: AN ACT TO AMEND SECTION 56-3-1230, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIFICATIONS OF LICENSE PLATES, SO AS TO PROVIDE INTERVALS FOR ISSUING SPECIAL LICENSE PLATES AND REVALIDATION OF THE SPECIAL PLATES; TO AMEND SECTION 56-3-2150, RELATING TO ISSUANCE OF SPECIAL LICENSE PLATES, SO AS TO INCLUDE COUNTY CORONERS ON THE LIST OF PERSONS TO WHOM PLATES ARE ISSUED; TO AMEND SECTION 56-3-2170, RELATING TO THE RETURN OF SPECIAL LICENSE PLATES, SO AS TO PROVIDE CONDITIONS FOR THE RETURN OF THE SPECIAL COUNTY CORONER LICENSE PLATES; TO AMEND SECTION 56-3-3710, RELATING TO THE ISSUANCE OF SPECIAL LICENSE PLATES BEARING AN EMBLEM, SEAL, OR OTHER SYMBOL OF A COLLEGE OR UNIVERSITY LOCATED IN THIS STATE, SO AS TO INCLUDE PUBLIC COLLEGES OR UNIVERSITIES OR INDEPENDENT INSTITUTIONS OF HIGHER EDUCATION, REQUIRE THE PUBLIC COLLEGE, UNIVERSITY, OR INDEPENDENT INSTITUTION OF HIGHER EDUCATION TO SUBMIT A SYMBOL, INCREASE THE FEES, AND PROVIDE FOR THE DISTRIBUTION OF THE FEE TO ALUMNI ASSOCIATIONS; TO ADD ARTICLE 40 TO CHAPTER 3 OF TITLE 56, SO AS TO PROVIDE FOR THE ISSUANCE OF A COMMEMORATIVE "KEEP SOUTH CAROLINA BEAUTIFUL" LICENSE PLATE AND PROVIDE FOR THE BEAUTIFICATION OF ROADS AND HIGHWAYS WITH THE FEES COLLECTED; AND TO ADD ARTICLE 55 TO CHAPTER 3 OF TITLE 56 SO AS TO PROVIDE FOR THE ISSUANCE OF SPECIAL LICENSE PLATES FOR PEARL HARBOR SURVIVORS AND FEES.

(R732) S. 1238 -- Senators Drummond, Williams, Waddell, Lourie, J. Verne Smith and Lee: AN ACT TO REAUTHORIZE THE EXISTENCE OF THE SOUTH CAROLINA STATE BOARD OF FUNERAL SERVICE FOR SIX YEARS; TO AMEND SECTIONS 40-19-90, 40-19-100, AND 40-19-170, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EMBALMERS AND FUNERAL DIRECTORS, SO AS TO REQUIRE A CONTINUING EDUCATION PROGRAM, TO CHANGE QUALIFICATIONS FOR LICENSURE, TO PROVIDE PENALTIES FOR VIOLATIONS, AND THAT MAGISTRATES HAVE JURISDICTION IN ACTIONS TO REVISE PENALTIES, TO EXEMPT BUSINESSES LICENSED TO PROVIDE FUNERAL SERVICE BEFORE JANUARY 1, 1984, FROM FACILITY REQUIREMENTS; AND TO REPEAL SECTION 40-19-230 RELATING TO PARKING SPACE REQUIREMENTS.

(R733) S. 981 -- Senators Rose and Wilson: AN ACT TO AMEND TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HEALTH, BY ADDING CHAPTER 107 SO AS TO ENACT THE DRUG-FREE WORKPLACE ACT AND TO AMEND THE 1976 CODE BY ADDING SECTION 41-1-85, SO AS TO PROVIDE THAT THE USE OF TOBACCO PRODUCTS OUTSIDE THE WORKPLACE MUST NOT BE THE BASIS OF A PERSONNEL ACTION.

(R734) S. 974 -- Senators Rose and Wilson: AN ACT TO AMEND CHAPTER 13, TITLE 24, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 15 SO AS TO PROVIDE FOR HOME DETENTION AS AN ALTERNATIVE TO PRISON INCARCERATION.

(R735) S. 698 -- Senators Saleeby, J. Verne Smith, Horace C. Smith, Stilwell, Macaulay and Mullinax: AN ACT TO AMEND SECTION 40-59-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSING OF RESIDENTIAL HOME BUILDERS, SO AS TO REDESIGNATE THE TERM "RESIDENTIAL HOME BUILDER" TO "RESIDENTIAL BUILDER" AND FURTHER PROVIDE FOR THE DEFINITION OF A RESIDENTIAL BUILDER; TO AMEND THE 1976 CODE BY ADDING SECTION 40-59-15 SO AS TO DEFINE THE TERM "RESIDENTIAL SPECIALTY CONTRACTOR"; TO AMEND SECTIONS 40-59-20, 40-59-40, AND 40-59-50, RELATING TO THE RESIDENTIAL BUILDERS COMMISSION, SO AS TO FURTHER PROVIDE FOR THE MEMBERSHIP OF THE COMMISSION AND ITS POWERS, DUTIES, AND FUNCTIONS; TO AMEND SECTION 40-59-70, RELATING TO LICENSES REQUIRED OF RESIDENTIAL BUILDERS, SO AS TO REVISE THE LICENSING PROCEDURE, PROVIDE FOR THE MANNER IN WHICH LICENSING FEES ARE SET, AND TO DELETE CERTAIN LICENSING EXCEPTIONS; TO AMEND THE 1976 CODE BY ADDING SECTION 40-59-75 SO AS TO PROVIDE PROCEDURES FOR THE REGISTRATION OF RESIDENTIAL SPECIALTY CONTRACTORS; TO AMEND THE 1976 CODE BY ADDING SECTION 40-59-77 SO AS TO PROVIDE THAT THE RESIDENTIAL BUILDERS COMMISSION MUST BY REGULATION CLASSIFY AND DEFINE THE SCOPE OF OPERATIONS OF RESIDENTIAL SPECIALTY CONTRACTORS; TO AMEND SECTION 40-59-80, RELATING TO APPLICATIONS FOR AND THE ISSUANCE OF LICENSES, SO AS TO FURTHER PROVIDE FOR THE APPLICATION AND LICENSING PROCEDURES; TO AMEND SECTION 40-59-90, AS AMENDED, RELATING TO REVOCATION AND REISSUANCE OF LICENSES SO AS TO REVISE THIS REVOCATION AND REISSUANCE PROCEDURE; TO AMEND THE 1976 CODE BY ADDING SECTION 40-59-95 SO AS TO AUTHORIZE CERTAIN LEGAL PROCEDURES AGAINST PERSONS VIOLATING THE PROVISIONS OF THIS ACT AND TO PROVIDE PENALTIES FOR VIOLATION; TO AMEND SECTION 40-59-100, RELATING TO ROSTER OF LICENSES, SECTION 40-59-110, AS AMENDED, RELATING TO THE ANNUAL REPORT OF THE COMMISSION, SECTION 40-59-120, RELATING TO REGULATIONS OF THE COMMISSION, SECTION 40-59-130, RELATING TO PENALTIES FOR VIOLATIONS, AND SECTION 40-59-160, RELATING TO DUTIES OF BUILDING OFFICIALS, SO AS TO INCLUDE RESIDENTIAL SPECIALTY CONTRACTORS IN THESE PROVISIONS; TO AMEND SECTION 40-59-140, RELATING TO THE EXEMPTION OF GENERAL CONTRACTORS, SO AS TO ALSO EXEMPT MECHANICAL CONTRACTORS WHEN ENGAGED IN CONTRACTING IN THE CLASSIFICATION IN WHICH THEY ARE LICENSED TO PERFORM MECHANICAL CONTRACTING, AND TO AUTHORIZE THE COMMISSION TO CLASSIFY OR RECLASSIFY LICENSES IN EXISTENCE ON THE EFFECTIVE DATE OF THIS ACT.

(R736) H. 4283 -- Rep. Sheheen: AN ACT TO AMEND SECTIONS 56-1-390 AND 56-25-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REINSTATEMENT OF A SUSPENDED OR REVOKED DRIVER'S LICENSE, SO AS TO INCREASE THE AMOUNT OF THE REINSTATEMENT FEE FROM TEN TO ONE HUNDRED DOLLARS, TO DELETE A PROVISION WHICH REQUIRES PROOF OF FINANCIAL RESPONSIBILITY BEFORE REINSTATEMENT NOT TO REQUIRE THE REINSTATEMENT FEE UNLESS DRIVER IMPROVEMENT INSTRUCTION IS PROVIDED, AND TO PROVIDE THAT THE FEES COLLECTED MUST BE USED FOR MAINTENANCE OF STATE HIGHWAYS AND BRIDGES AND FOR THE "KEEP SOUTH CAROLINA BEAUTIFUL FUND".

(R737) H. 4276 -- Rep. Altman: AN ACT TO AMEND SECTION 56-3-1230, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIFICATIONS OF LICENSE PLATES, SO AS TO PROVIDE THAT NEW PLATES MAY BE PROVIDED AT TIMES DETERMINED BY THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION BUT AT LEAST EVERY SIX YEARS AND TO PROVIDE THAT THE DEPARTMENT MAY REVALIDATE ALL LICENSE PLATES EXCEPT VEHICLES EXCEEDING TWENTY-SIX THOUSAND POUNDS BY STICKER OR OTHER SUITABLE MEANS UPON PAYMENT OF THE SAME FEE PRESCRIBED FOR THE INITIAL ISSUANCE; TO AMEND SECTION 56-3-1960 RELATING TO PARKING BY HANDICAPPED PERSONS, SO AS TO PROVIDE FOR ISSUANCE OF A DISTINGUISHING LICENSE PLATE BY AUTHORITY OF THE SECTION; AND TO AMEND THE 1976 CODE BY ADDING ARTICLE 55 TO CHAPTER 3 OF TITLE 56 SO AS TO PROVIDE FOR SPECIAL PEARL HARBOR SURVIVORS' LICENSE PLATES.

(R738) H. 4919 -- Rep. Fair: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-7-70 SO AS TO PROVIDE FOR A LAW ENFORCEMENT OFFICER TO PRESENT APPROPRIATE IDENTIFICATION IMMEDIATELY UPON STOPPING A DRIVER FOR A MOTOR VEHICLE VIOLATION; TO AMEND SECTION 16-9-320, RELATING TO OPPOSING, RESISTING, AND ASSAULTING A LAW ENFORCEMENT OFFICER IN A SERVING OR ARRESTING PROCESS, SO AS TO LIMIT THE OFFENSE TO SERVICE OR ARREST BY ONE WHOM THE PERSON KNOWS OR REASONABLY SHOULD KNOW IS A LAW ENFORCEMENT OFFICER; TO AMEND THE 1976 CODE BY ADDING SECTION 4-9-145 SO AS TO AUTHORIZE A COUNTY GOVERNING BODY TO APPOINT AND COMMISSION NECESSARY LAW ENFORCEMENT OFFICERS; TO AMEND THE 1976 CODE BY ADDING SECTION 56-5-935 SO AS TO AUTHORIZE THE UNITED STATES DEPARTMENT OF ENERGY TO PLACE AND MAINTAIN TRAFFIC CONTROL DEVICES IN AIKEN, ALLENDALE, AND BARNWELL COUNTIES ON LANDS ACQUIRED BY THE UNITED STATES GOVERNMENT; TO AMEND SECTION 23-7-40, RELATING TO THE JURISDICTION OF SPECIAL CONSTABLES, SO AS TO DEFINE THE JURISDICTION TO APPLY WHILE HE IS IN FRESH PURSUIT OF A PERSON FOR A MISDEMEANOR OR FELONY COMMITTED IN HIS PRESENCE OR FOR A FELONY IF HE REASONABLY BELIEVES UPON PROMPT INFORMATION OR COMPLAINT THAT THE PERSON HAS COMMITTED THE FELONY; TO AMEND SECTION 23-7-50, RELATING TO THE POWERS AND DUTIES OF SPECIAL CONSTABLES, SO AS TO INCLUDE THE RIGHTS AND POWERS OF DEPUTY SHERIFFS TO APPLY TO CONSTABLES; AND TO AMEND SECTION 56-5-40, RELATING TO THE EXCEPTIONS TO THE APPLICABILITY OF THE UNIFORM ACT REGULATING TRAFFIC ON HIGHWAYS, SO AS TO DELETE THE EXCEPTIONS PROVIDING FOR A MANUAL FOR A UNIFORM SYSTEM OF TRAFFIC CONTROL DEVICES, FOR THE DEFINITION OF "ACQUIESCENCE", AND FOR RACING PENALTIES, TO INCLUDE AN EXCEPTION PROHIBITING STOP SIGNS AND TRAFFIC CONTROL SIGNALS UNLESS THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION APPROVES, AND TO CHANGE THE REFERENCE TO ATOMIC ENERGY COMMISSION TO THE DEPARTMENT OF ENERGY.

(R739) H. 4628 -- Rep. Taylor: AN ACT TO AMEND SECTION 20-7-340, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MALICIOUS INJURY TO PROPERTY BY A MINOR, SO AS TO PROVIDE, AMONG OTHER THINGS, THAT THE STATE, A POLITICAL SUBDIVISION OF THE STATE, OR ANY OTHER PERSON IS ENTITLED TO RECOVER DAMAGES IN AN AMOUNT NOT TO EXCEED FIVE THOUSAND DOLLARS, FROM THE PARENTS OR LEGAL GUARDIAN OF THE PERSON OF A MINOR UNDER THE AGE OF EIGHTEEN YEARS AND RESIDING WITH THE PARENTS OR THE LEGAL GUARDIAN OF THE PERSON WHO MALICIOUSLY OR WILFULLY CAUSES PERSONAL INJURY TO THE INDIVIDUAL OR DESTROYS, DAMAGES, OR STEALS PROPERTY; AND TO AMEND SECTION 12-53-40, RELATING TO TAX COLLECTION BY THE STATE TAX COMMISSION AND COSTS AND FEES, SO AS TO INCREASE A CERTAIN SPECIFIED AMOUNT OF "ADDED COSTS" FROM TWO DOLLARS TO FIVE DOLLARS.

(R740) H. 5160 -- Rep. Carnell: AN ACT TO PROVIDE THAT ONE MILL OF THE COUNTYWIDE LEVY FOR SCHOOL OPERATING PURPOSES IN GREENWOOD COUNTY MUST BE DISTRIBUTED TO THE DISTRICT WITH THE LOWEST ASSESSED VALUE BEGINNING WITH THE 1991-92 SCHOOL YEAR.

(R741) H. 4980 -- Reps. Moss and L. Martin: AN ACT TO AMEND SECTION 38-73-495, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY OF THE CHIEF INSURANCE COMMISSIONER TO DISAPPROVE A PREVIOUSLY APPROVED RATE FOR A CLASSIFICATION OF WORKERS' COMPENSATION INSURANCE AND OTHER MATTERS RELATING TO WORKERS' COMPENSATION, SO AS TO AUTHORIZE THE COMMISSIONER TO DISAPPROVE AN EXPERIENCE MODIFICATION RATE UPON A FINDING THAT IT IS EXCESSIVE, INADEQUATE, OR UNFAIRLY DISCRIMINATORY.

(R742) H. 4668 -- Rep. T. Rogers: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-7-15 SO AS TO PROVIDE THAT THE UNIFORM TRAFFIC TICKET UNDER SECTION 56-7-10 MAY BE USED TO ARREST A PERSON FOR AN OFFENSE COMMITTED IN THE PRESENCE OF A LAW ENFORCEMENT OFFICER IF THE PUNISHMENT IS WITHIN THE JURISDICTION OF MAGISTRATE'S COURT AND MUNICIPAL COURT, AND REQUIRE THE FURNISHING OF CERTAIN INFORMATION TO THE STATE LAW ENFORCEMENT DIVISION.

(R743) H. 3028 -- Rep. Gregory: AN ACT TO AMEND SECTION 56-1-1030, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REVOCATION OF THE DRIVER'S LICENSE OF AN HABITUAL OFFENDER SO AS TO PROVIDE FOR APPEALS OF A REVOCATION TO THE MAGISTRATE'S COURT; TO AMEND SECTION 56-1-1090, AS AMENDED, RELATING TO THE NONISSUANCE OF A LICENSE AND RESTRICTION OF DRIVING PRIVILEGES TO HABITUAL OFFENDERS, SO AS TO CHANGE THE REFERENCE TO COURT TO MAGISTRATE AND TO PROVIDE THAT A PETITION OR COURT ORDER IS NOT REQUIRED FOR THE RESTORATION OF DRIVING PRIVILEGES; TO AMEND THE 1976 CODE BY ADDING SECTION 56-1-745 SO AS TO PROVIDE FOR THE DRIVER'S LICENSE SUSPENSION AND OTHER PUNISHMENT OF A PERSON CONVICTED OF A CONTROLLED SUBSTANCE VIOLATION AND FOR A SPECIAL RESTRICTED DRIVER'S LICENSE; TO AMEND SECTION 56-1-1320, AS AMENDED, RELATING TO A PROVISIONAL DRIVER'S LICENSE, SO AS TO PROVIDE FOR THE SECTION TO APPLY TO A PERSON WHO HAD A SOUTH CAROLINA DRIVER'S LICENSE AT THE TIME OF THE OFFENSE REFERENCED IN THE SECTION, AND TO AMEND THE 1976 CODE BY ADDING SECTIONS 56-1-746 AND 56-1-747 SO AS TO PROVIDE FOR THE DRIVER'S LICENSE SUSPENSION AND OTHER PUNISHMENT FOR OFFENSES RELATING TO POSSESSION, SALE, AND CONSUMPTION OF BEER, WINE, AND ALCOHOLIC LIQUORS.

(R744) H. 4522 -- Rep. Waldrop: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 4-9-155 SO AS TO REQUIRE THE ANNUAL AUDIT OF THE OFFICES OF THE COUNTY ASSESSOR, AUDITOR, TREASURER, AND TAX COLLECTOR TO BE CONDUCTED IN ACCORDANCE WITH STANDARDS SET BY THE COMPTROLLER GENERAL OF THE UNITED STATES, TO PROVIDE THAT THE TAX COMMISSION'S MANUAL AND GUIDE MUST SET OUT THE ITEMS TO BE AUDITED, TO REQUIRE COPIES OF THE AUDIT TO BE PROVIDED TO THE TAX COMMISSION AND THE COMPTROLLER GENERAL, AND TO PROVIDE MONETARY PENALTIES FOR VIOLATIONS; TO AMEND SECTION 12-43-220, AS AMENDED, RELATING TO CLASSIFICATION OF PROPERTY AND ASSESSMENT RATIOS FOR PURPOSES OF PROPERTY TAXES, SO AS TO PROVIDE THAT THE TAX COMMISSION SHALL APPLY AN EQUALIZATION FACTOR TO REAL AND PERSONAL PROPERTY OWNED BY OR LEASED TO TRANSPORTATION COMPANIES FOR HIRE AS MANDATED BY FEDERAL LEGISLATION; TO AMEND SECTION 12-3-80, RELATING TO THE OFFICE OF CHAIRMAN OF THE TAX COMMISSION, SO AS TO PROVIDE THAT HE SHALL DEVOTE THE TIME REQUIRED TO PERFORM THE DUTIES OF HIS OFFICE RATHER THAN HIS ENTIRE TIME AND TO DELETE THE REQUIREMENT THAT HE MAY NOT HOLD ANY OTHER OFFICE OF HONOR OR PROFIT; TO AMEND SECTION 12-3-145, AS AMENDED, RELATING TO THE PROCEDURES FOR OBTAINING PROPERTY TAX EXEMPTION, SO AS TO AUTHORIZE THE TAX COMMISSION TO DECLARE THE REAL AND PERSONAL PROPERTY OF A QUALIFYING ORGANIZATION AS EXEMPT AND CERTIFY THE EXEMPTION TO THE COUNTY AUDITOR; TO AMEND SECTION 12-3-140, AS AMENDED, RELATING TO THE POWERS OF THE TAX COMMISSION, SO AS TO PROVIDE THAT IN THE CASE OF BUSINESS PROPERTY ASSESSED BY THE COMMISSION, THE ASSESSMENT APPLIES ONLY TO PROPERTY USED IN THE CONDUCT OF THE BUSINESS; AND TO AMEND SECTIONS 6-21-240, 6-21-430, AND 6-21-440, RELATING TO THE REVENUE BOND ACT FOR UTILITIES, SO AS TO AUTHORIZE THE GOVERNING BODY TO PLEDGE EITHER GROSS OR NET REVENUES FOR BOND REDEMPTION, AND TO PROVIDE FOR THE PRIORITY OF APPLICATION OF REVENUES.

(R745) H. 4360 -- Rep. Hayes: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-53-392 SO AS TO PROVIDE THAT THE WEIGHT OF A CONTROLLED SUBSTANCE IS THE WEIGHT OF THAT SUBSTANCE IN PURE FORM OR ANY COMPOUND OR MIXTURE OF IT; TO ADD SECTION 44-53-475 SO AS TO MAKE IT UNLAWFUL TO CONDUCT OR ATTEMPT TO CONDUCT A FINANCIAL TRANSACTION OR TRANSPORT, TRANSMIT, OR TRANSFER OR ATTEMPT TO TRANSPORT, TRANSMIT, OR TRANSFER A MONETARY INSTRUMENT OR FUNDS FROM A PLACE IN THIS STATE TO OR THROUGH A PLACE OUTSIDE THE UNITED STATES OR A PLACE IN THIS STATE FROM OR THROUGH A PLACE OUTSIDE THE UNITED STATES WITH THE INTENT TO PROMOTE OR CARRY ON AN UNLAWFUL ACTIVITY RELATING TO NARCOTIC DRUGS OR CONTROLLED SUBSTANCES, OR TO CONCEAL OR DISGUISE THE NATURE, LOCATION, SOURCE, OWNERSHIP, OR CONTROL OF THE PROCEEDS OF THE UNLAWFUL ACTIVITY, AND TO PROVIDE A PENALTY FOR VIOLATION; TO ADD SECTION 44-53-577 SO AS TO MAKE IT UNLAWFUL FOR A PERSON WHO IS SEVENTEEN YEARS OF AGE OR OLDER TO KNOWINGLY AND INTENTIONALLY USE OR OTHERWISE EMPLOY OR CONSPIRE WITH A PERSON UNDER THE AGE OF SEVENTEEN YEARS TO VIOLATE THE PROVISIONS OF SECTION 44-53-370 OR 44-53-375(B), OR RECEIVE A CONTROLLED SUBSTANCE FROM A PERSON UNDER THE AGE OF SEVENTEEN YEARS, AND TO PROVIDE A PENALTY FOR VIOLATION; TO AMEND SECTION 16-3-20, RELATING TO THE PUNISHMENT FOR MURDER, SO AS TO ADD DRUG TRAFFICKING TO THE LIST OF CRIMES WHICH ARE AGGRAVATING CIRCUMSTANCES WHEN A MURDER IS COMMITTED DURING THE COMMISSION OF THAT CRIME; TO AMEND SECTION 44-53-110, AS AMENDED, RELATING TO DEFINITIONS USED IN CONNECTION WITH NARCOTICS AND CONTROLLED SUBSTANCES, SO AS TO DEFINE "ICE" AND "CRANK"; TO AMEND SECTION 44-53-370, AS AMENDED, RELATING TO PENALTIES FOR CERTAIN DRUG OFFENSES, SO AS TO MAKE IT UNLAWFUL TO DELIVER, PURCHASE, AID, ABET, ATTEMPT, OR CONSPIRE TO MANUFACTURE, DISTRIBUTE, DISPENSE, DELIVER, OR PURCHASE A CONTROLLED SUBSTANCE IN ADDITION TO THE EXISTING PROHIBITION, AND TO MAKE IT UNLAWFUL TO HAVE ACTUAL OR CONSTRUCTIVE POSSESSION OF CERTAIN NUMBERS OF MARIJUANA PLANTS AND TO PROVIDE PENALTIES FOR VIOLATIONS; TO AMEND SECTION 44-53-375, RELATING TO THE UNLAWFUL POSSESSION OF CRACK COCAINE, THE UNLAWFUL MANUFACTURE, DISTRIBUTION, OR POSSESSION WITH INTENT TO DISTRIBUTE CRACK COCAINE, AND PENALTIES FOR VIOLATIONS, SO AS TO INCLUDE ICE AND CRANK AND TO MAKE IT A CRIME FOR ANY PERSON WHO KNOWINGLY SELLS, MANUFACTURES, DELIVERS, PURCHASES, OR BRINGS INTO THIS STATE OR PROVIDES FINANCIAL ASSISTANCE TO AID OR CONSPIRE TO SELL, MANUFACTURE, OR IS IN ACTUAL OR CONSTRUCTIVE POSSESSION OF CERTAIN AMOUNTS OF ICE, CRANK, OR CRACK COCAINE IS GUILTY OF A FELONY TO BE KNOWN AS "TRAFFICKING IN ICE, CRANK, OR CRACK COCAINE" AND TO PROVIDE A PENALTY FOR VIOLATION; TO AMEND SECTION 44-53-520, RELATING TO FORFEITURE OF CONVEYANCES USED OR INTENDED TO UNLAWFULLY CONCEAL, CONTAIN, OR TRANSPORT CONTROLLED SUBSTANCES OR THEIR COMPOUNDS, SO AS TO AUTHORIZE THE FORFEITURE OF THESE CONVEYANCES WHEN USED OR INTENDED FOR USE TO FACILITATE THE UNLAWFUL CONCEALMENT, CONTAINMENT, OR TRANSPORTATION OF CONTROLLED SUBSTANCES IN VIOLATION OF SECTION 44-53-370(a) AND (e); TO AMEND SECTION 44-53-530, RELATING TO FORFEITURE PROCEDURES AND DISPOSITION OF FORFEITED ITEMS AND PROCEEDS OF SALES OF PROPERTY FORFEITED UNDER THE PROVISIONS OF SECTION 44-53-520, SO AS TO PROVIDE FOR THE DIVISION OF PROCEEDS OF FORFEITED PROPERTY IF THERE IS A DISPUTE AMONG THE PARTICIPATING LAW ENFORCEMENT AGENCIES, DELETE REFERENCES TO THE DISPOSITION OF PROPERTY WHICH MAY BE DETERMINED BY A JUDGE, PROVIDE FOR THE DISPOSITION OF PROPERTY SEIZED BY A LOCAL LAW ENFORCEMENT AGENCY AND NOT TRANSFERRED BY THE COURT TO THE AGENCY, PROVIDE FOR THE RETENTION OF FORFEITED MONEY AND PROCEEDS FROM THE SALE OF FORFEITED PROPERTY BY THE GOVERNING BODY OF THE LOCAL LAW ENFORCEMENT AGENCY OR BY THE STATE TREASURER IN THE CASE OF A STATE LAW ENFORCEMENT AGENCY, AND PROVIDE FOR A DIFFERENT FORMULA FOR THE DISPOSITION OF ALL PROCEEDS OF PROPERTY AND CASH FORFEITED BY CONSENT ORDER FOR THE PERIOD BEGINNING JULY 1, 1990, AND ENDING JUNE 30, 1992, AND SUSPENDING THE APPLICATION OF SECTION 44-53-530 DURING THAT PERIOD; TO AMEND SECTION 56-1-745, RELATING TO THE REQUIREMENT THAT A PERSON'S DRIVER'S LICENSE MUST BE SUSPENDED UPON A CONTROLLED SUBSTANCE CONVICTION, SO AS TO DELETE CERTAIN AGE RESTRICTIONS WITH REGARD TO THE VIOLATION AND PROVIDE THAT THE VIOLATION MUST BE ONE UNDER CHAPTER 53 OF TITLE 44; TO REPEAL SECTIONS 44-53-584 AND 44-53-588 RELATING TO THE REQUIREMENT THAT INFORMATION WITH RESPECT TO SEIZED PROPERTY BE FORWARDED TO THE ATTORNEY GENERAL AND DIVISION OF GENERAL SERVICES AND THE DISPOSITION OF PROCEEDS FROM THE SALE OF FORFEITED ITEMS; AND TO PROVIDE THAT THE FORFEITURE OF PROPERTY UNDER SECTION 44-53-520 MUST BE ACCOMPANIED BY PETITION OF THE ATTORNEY GENERAL OR CIRCUIT SOLICITOR, OR HIS DESIGNEE, TO THE COURT OF COMMON PLEAS FOR THE JURISDICTION WHERE THE ITEMS WERE SEIZED.

(R746) H. 3800 -- Reps. Hearn, Wilder and Baxley: AN ACT TO AMEND CHAPTER 35, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REGULATION AND LICENSING OF NURSING HOME ADMINISTRATORS; AND TO AMEND THE 1976 CODE BY ADDING SECTIONS 40-35-131 THROUGH 40-35-136 SO AS TO FURTHER PROVIDE FOR THE REGULATION AND LICENSING OF NURSING HOME ADMINISTRATORS AND FOR THE REGULATION AND LICENSING OF COMMUNITY RESIDENTIAL CARE FACILITY ADMINISTRATORS, INCLUDING PROVISIONS TO RENAME AND RECONSTITUTE THE MEMBERSHIP OF THE STATE BOARD OF EXAMINERS FOR NURSING HOME ADMINISTRATORS.

Columbia, S.C., June 19, 1990

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has sustained the veto by the Governor on R674, H. 3104 by a vote of 16 to 67:
(R674) H. 3104 -- Reps. J. Bailey, Harvin, Vaughn, Snow, Barber, Mappus, McEachin and Keyserling: AN ACT TO AMEND SECTION 7-15-320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PERSONS QUALIFIED TO VOTE BY ABSENTEE BALLOT, SO AS TO REVISE THE LIST OF PERSONS BY PROVIDING FOR THE ELECTORS PERMITTED TO VOTE BY ABSENTEE BALLOT WHETHER OR NOT ABSENT FROM HIS COUNTY OF RESIDENCE AS WELL AS THE ELECTORS PERMITTED TO VOTE BY ABSENTEE BALLOT WHEN ABSENT; SECTION 7-15-340, AS AMENDED, RELATING TO THE FORM OF APPLICATION FOR AN ABSENTEE BALLOT, SO AS TO DELETE THE DETAILED REQUIREMENTS FOR THE FORM AND PROVIDE FOR THE FORM TO BE PRESCRIBED BY THE STATE ELECTION COMMISSION; AND SECTION 7-9-100, AS AMENDED, RELATING TO STATE CONVENTIONS FOR POLITICAL PARTIES, SO AS TO PROVIDE FOR EACH MEMBER OF THE GENERAL ASSEMBLY TO BE AN ADDITIONAL DELEGATE TO THE APPROPRIATE CONVENTION.
Very respectfully,
Speaker of the House

Received as information.

Columbia, S.C., June 19, 1990

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has sustained the veto by the Governor on R707, H. 5089 by a vote of 6 to 14:
(R707) H. 5089 -- Rep. T. Rogers: AN ACT TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF PARKRITE CAROLINA, INC., AND TO RESTORE THE CHARTER OF LIN WOOD DEVELOPERS, INC.
Very respectfully,
Speaker of the House

Received as information.

Columbia, S.C., June 19, 1990

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R708, H. 5098 by a vote of 2 to 0:
(R708) H. 5098 -- Rep. G. Brown: AN ACT TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF SOUTHERN APARTMENTS, INC., OF BISHOPVILLE, S.C., IN LEE COUNTY.
Very respectfully,
Speaker of the House

(R708) H. 5098 -- Rep. G. Brown: AN ACT TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF SOUTHERN APARTMENTS, INC., OF BISHOPVILLE, S. C., IN LEE COUNTY.

On motion of Senator LAND, with unanimous consent, the veto of the Governor was taken up for immediate consideration.

Senator LAND moved that the veto of the Governor be overridden.

The question was put: Shall the Act become the law, the veto of the Governor to the contrary notwithstanding?

The "ayes" and "nays" were taken resulting as follows:

Bryan                     Courson                   Drummond
Fielding                  Giese                     Gilbert
Hayes                     Helmly                    Hinds
Hinson                    Holland                   Land
Leatherman                Lee                       Leventis
Lindsay                   Long                      Lourie
Macaulay                  Martin                    Martschink
Matthews                  McConnell                 McGill
McLeod                    Mitchell                  Moore
Mullinax                  O'Dell                    Passailaigue
Patterson                 Peeler                    Pope
Rose                      Russell                   Saleeby
Setzler                   Shealy                    Smith, H.C.
Smith, J.V.               Smith, N.W.               Stilwell
Thomas                    Waddell                   Williams
Wilson                    

The veto of the Governor was overridden.

Columbia, S.C., June 19, 1990

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R684, H. 5133 by a vote of 5 to 0:
(R684) H. 5133 -- Anderson Delegation: AN ACT TO AUTHORIZE CERTAIN COMPENSATION FOR THE MEMBERS OF THE ANDERSON COUNTY FIRE PROTECTION COMMISSION, TO PROVIDE FOR THE MILLAGE WHICH IS AUTHORIZED TO BE LEVIED FOR THE OPERATIONS OF THE COMMISSION, TO FURTHER PROVIDE FOR THE SERVICE AREA OF THE COMMISSION EFFECTIVE WITH THE YEAR 1991, AND TO PROVIDE FOR THE MANNER IN WHICH MONIES COLLECTED FOR THE PURPOSES OF THE COMMISSION MAY BE EXPENDED.
Very respectfully,
Speaker of the House

(R684) H. 5133 -- Anderson Delegation: AN ACT TO AUTHORIZE CERTAIN COMPENSATION FOR THE MEMBERS OF THE ANDERSON COUNTY FIRE PROTECTION COMMISSION, TO PROVIDE FOR THE MILLAGE WHICH IS AUTHORIZED TO BE LEVIED FOR THE OPERATIONS OF THE COMMISSION, TO FURTHER PROVIDE FOR THE SERVICE AREA OF THE COMMISSION EFFECTIVE WITH THE YEAR 1991, AND TO PROVIDE FOR THE MANNER IN WHICH MONIES COLLECTED FOR THE PURPOSES OF THE COMMISSION MAY BE EXPENDED.

On motion of Senator MULLINAX, with unanimous consent, the veto of the Governor was taken up for immediate consideration.

Senator MULLINAX moved that the veto of the Governor be overridden.

The question was put: Shall the Act become the law, the veto of the Governor to the contrary notwithstanding?

The "ayes" and "nays" were taken resulting as follows:

Bryan                     Courson                   Drummond
Fielding                  Giese                     Gilbert
Hayes                     Helmly                    Hinds
Hinson                    Holland                   Land
Leatherman                Lee                       Leventis
Lindsay                   Long                      Lourie
Macaulay                  Martin                    Martschink
Matthews                  McConnell                 McGill
McLeod                    Mitchell                  Moore
Mullinax                  O'Dell                    Passailaigue
Patterson                 Peeler                    Pope
Rose                      Russell                   Saleeby
Setzler                   Shealy                    Smith, H.C.
Smith, J.V.               Smith, N.W.               Stilwell
Thomas                    Waddell                   Williams
Wilson                    

The veto of the Governor was overridden.

Columbia, S.C., June 19, 1990

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R711, H. 5157 by a vote of 9 to 0:
(R711) H. 5157 -- Rep. Blackwell: AN ACT TO AMEND SECTION 4 OF ACT 199 OF 1971, RELATING TO THE TERMS OF THE BOARD OF FIRE CONTROL FOR THE NORTH GREENVILLE FIRE DISTRICT, SO AS TO REDUCE THE TERMS FROM SIX YEARS TO FOUR YEARS BEGINNING WITH THE SUCCESSORS OF THE CURRENT BOARD AND TO PROVIDE FOR THE BOARD TO HEAR PETITIONS AND PUBLIC CONCERNS ON A PERIODIC BASIS.
Very respectfully,
Speaker of the House

(R711) H. 5157 -- Rep. Blackwell: AN ACT TO AMEND SECTION 4 OF ACT 199 OF 1971, RELATING TO THE TERMS OF THE BOARD OF FIRE CONTROL FOR THE NORTH GREENVILLE FIRE DISTRICT, SO AS TO REDUCE THE TERMS FROM SIX YEARS TO FOUR YEARS BEGINNING WITH THE SUCCESSORS OF THE CURRENT BOARD AND TO PROVIDE FOR THE BOARD TO HEAR PETITIONS AND PUBLIC CONCERNS ON A PERIODIC BASIS.

On motion of Senator STILWELL, with unanimous consent, the veto of the Governor was taken up for immediate consideration.

Senator STILWELL moved that the veto of the Governor be overridden.

The question was put: Shall the Act become the law, the veto of the Governor to the contrary notwithstanding?

The "ayes" and "nays" were taken resulting as follows:

Bryan                     Courson                   Drummond
Fielding                  Giese                     Gilbert
Hayes                     Helmly                    Hinds
Hinson                    Holland                   Land
Leatherman                Lee                       Leventis
Lindsay                   Long                      Lourie
Macaulay                  Martin                    Martschink
Matthews                  McConnell                 McGill
McLeod                    Mitchell                  Moore
Mullinax                  O'Dell                    Passailaigue
Patterson                 Peeler                    Pope
Rose                      Russell                   Saleeby
Setzler                   Shealy                    Smith, H.C.
Smith, J.V.               Smith, N.W.               Stilwell
Thomas                    Waddell                   Williams
Wilson                    

The veto of the Governor was overridden.

June 12, 1990
Mr. Speaker and Members of the Senate:

I am hereby returning without my approval S. 1620, R-694, an Act:
TO AMEND ACT 295 OF 1989, RELATING TO THE REPEAL OF THE PROVISIONS OF LAW WHICH ESTABLISHED THE NEWBERRY COUNTY PARK COMMISSION, SO AS TO PROVIDE THAT THE POWERS, DUTIES, AND FUNCTIONS OF THIS COMMISSION AS OF THE TIME OF ITS REPEAL ARE DEVOLVED UPON THE GOVERNING BODY OF NEWBERRY COUNTY, AND THE ASSETS AND LIABILITIES OF THE COMMISSION ARE TRANSFERRED TO THE GOVERNING BODY OF NEWBERRY COUNTY.
This veto is based upon an opinion of the Attorney General's Office dated June 11, 1990, which states in concluding:
"The 1990 act devolves the powers, duties, and functions of the Newberry County Park Commission upon the governing body of Newberry County, transferring the Commission's assets and liabilities to the governing body of Newberry County, on the effective date of the repeal of Act No. 735 of 1936. In an opinion of this Office dated June 6, 1985, this Office noted that the Newberry County Park Commission is located wholly within Laurens County. Thus, S. 1620, R-694 of 1990 is clearly an act for a specific county. Article VIII, Section 7 of the the Constitution of the state of South Carolina provides that '[n]o laws for specific county shall be enacted.' Acts similar to S. 1603, R-639, have been struck down by the South Carolina Supreme Court as violative of Article VIII, Section 7..."

Yours sincerely,
Carroll A. Campbell, Jr.
Governor

The veto of the Governor was taken up for immediate consideration.

Senator POPE moved that the veto by the Governor be overridden.

The question was put: Shall the Act become the law, the veto of the Governor to the contrary notwithstanding?

The "ayes" and "nays" were taken resulting as follows:

Bryan                     Courson                   Drummond
Fielding                  Giese                     Gilbert
Hayes                     Helmly                    Hinds
Hinson                    Holland                   Land
Leatherman                Lee                       Leventis
Lindsay                   Long                      Lourie
Macaulay                  Martin                    Martschink
Matthews                  McConnell                 McGill
McLeod                    Mitchell                  Moore
Mullinax                  O'Dell                    Passailaigue
Patterson                 Peeler                    Pope
Rose                      Russell                   Saleeby
Setzler                   Shealy                    Smith, H.C.
Smith, J.V.               Smith, N.W.               Stilwell
Thomas                    Waddell                   Williams
Wilson                    

The necessary vote having been received, the veto by the Governor was overridden and a message was sent to the House accordingly.

Columbia, S.C., June 19, 1990

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has sustained the veto by the Governor on R715, H. 4800 by a vote of 64 to 44 (Not 2/3 of those present voting):
(GENERAL APPROPRIATION BILL)
VETO 1 Part I, Section 43, Proviso 43.24 AFDC Carry Forward Funds
Very respectfully,
Speaker of the House

Received as information.

Columbia, S.C., June 19, 1990

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has sustained the veto by the Governor on R715, H. 4800 by a vote of 17 to 85:
(GENERAL APPROPRIATION BILL)
VETO 2 Part II, Section 2, Water Recreational Gas Tax for Non-Water Recreational Use
Very respectfully,
Speaker of the House

Received as information.

Columbia, S.C., June 19, 1990

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has sustained the veto by the Governor on R715, H. 4800 by a vote of 0 to 83:
(GENERAL APPROPRIATION BILL)
VETO 3 Part II, Section 9, Dean's Committee on Medical Education
Very respectfully,
Speaker of the House

Received as information.

Columbia, S.C., June 19, 1990

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has sustained the veto by the Governor on R715, H. 4800 by a vote of 0 to 72:
(GENERAL APPROPRIATION BILL)
VETO 4 Part II, Section 16, Forest Renewal Fund
Very respectfully,
Speaker of the House

Received as information.

Columbia, S.C., June 19, 1990

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has sustained the veto by the Governor on R715, H. 4800 by a vote of 0 to 83:
(GENERAL APPROPRIATION BILL)
VETO 5 Part II, Section 20, Mental Health Counseling for Crime Victims
Very respectfully,
Speaker of the House

Received as information.

Columbia, S.C., June 19, 1990

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has sustained the veto by the Governor on R715, H. 4800 by a vote of 9 to 83:
(GENERAL APPROPRIATION BILL)
VETO 6 Part II, Section 31, Public Accountability Division
Very respectfully,
Speaker of the House

Received as information.

Columbia, S.C., June 19, 1990
Mr. President and Senators:

The House respectfully informs your Honorable Body that it has sustained the veto by the Governor on R715, H. 4800 by a vote of 9 to 89:
(GENERAL APPROPRIATION BILL)
VETO 7 Part II, Section 35, Prison Industries Program
Very respectfully,
Speaker of the House

Received as information.

Columbia, S.C., June 19, 1990

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has sustained the veto by the Governor on R715, H. 4800 by a vote of 0 to 82:
(GENERAL APPROPRIATION BILL)
VETO 8 Part II, Section 62, Change Registration and License Dates on Motor Vehicles
Very respectfully,
Speaker of the House

Received as information.

Columbia, S.C., June 19, 1990

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has sustained the veto by the Governor on R715, H. 4800 by a vote of 0 to 84:
(GENERAL APPROPRIATION BILL)
VETO 9 Part II, Section 66, Addition of Secondary Roads into the State Highway System
Very respectfully,
Speaker of the House

Senator HOLLAND argued contra to the veto by the Governor.

Received as information.

Columbia, S.C., June 19, 1990

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has sustained the veto by the Governor on R715, H. 4800 by a vote of 1 to 75:
(GENERAL APPROPRIATION BILL)
VETO 10 Part II, Section 72, Special Tax Districts for Local Governments
Very respectfully,
Speaker of the House

Received as information.

Senator LAND rose to a Point of Personal Privilege.

H. 4423 -- Judiciary Committee: A BILL TO AMEND SECTION 14-5-610, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JUDICIAL CIRCUITS OF THIS STATE AND THE NUMBER OF CIRCUIT JUDGES TO BE ELECTED FOR THE STATE, SO AS TO AUTHORIZE CERTAIN ADDITIONAL RESIDENT AND AT-LARGE CIRCUIT JUDGES; TO AMEND THE 1976 CODE BY ADDING SECTION 14-1-215 SO AS TO PROVIDE THAT A JUDGE OR JUSTICE RETIRED FROM THE SUPREME COURT, COURT OF APPEALS, CIRCUIT COURT, OR FAMILY COURT OF THIS STATE MAY NOT BE ASSIGNED TO PRESIDE OVER ANY OFFICIAL PROCEEDING IN ANY CIRCUIT OR FAMILY COURT OF THIS STATE EXCEPT IN CASES OF AN EMERGENCY AS DETERMINED BY THE CHIEF JUSTICE OF THE SUPREME COURT AND TO PROVIDE FOR CERTAIN SCREENING OF THESE JUDGES AND JUSTICES IN ORDER TO SERVE IN THESE EMERGENCY SITUATIONS; TO AMEND SECTION 9-8-120, RELATING TO THE AUTHORIZATION FOR JUSTICES OR JUDGES WHO ARE RETIRED UNDER THE JUDICIAL RETIREMENT SYSTEM TO PERFORM JUDICIAL DUTIES IN CERTAIN COURTS, SO AS TO CONFORM THE PROVISIONS OF THIS SECTION TO THE LIMITATIONS CONTAINED IN SECTION 14-1-215; AND TO AMEND THE 1976 CODE BY ADDING SECTION 14-1-216 SO AS TO PROVIDE THAT NO ACTIVE FAMILY COURT JUDGE MAY BE ASSIGNED TO PRESIDE OVER ANY OFFICIAL PROCEEDING IN THE CIRCUIT COURT.

Senator LEATHERMAN raised a Point of Order under Rule 38 that the Committee Report had not been laid on the table one day prior to consideration.

Senator McCONNELL spoke on the Point of Order.

Senator LEATHERMAN spoke on the Point of Order.

Senator WILLIAMS spoke on the Point of Order.

Senator BRYAN spoke on the Point of Order.

Senator MACAULAY spoke on the Point of Order.

Senator MULLINAX spoke on the Point of Order.

Senator McCONNELL spoke further on the Point of Order.

Senator LEATHERMAN spoke further on the Point of Order.

The PRESIDENT stated that the Senate on many occasions, if not daily, changes the order of business or the effect of the Senate Rules on the order of business by unanimous consent. The PRESIDENT further stated that the Senate had earlier today, by unanimous consent, agreed to the order of business as contained in H.5072, and, therefore, the matter was properly before the Senate. The Point of Order was overruled.

H. 4423 -- Judiciary Committee: A BILL TO AMEND SECTION 14-5-610, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JUDICIAL CIRCUITS OF THIS STATE AND THE NUMBER OF CIRCUIT JUDGES TO BE ELECTED FOR THE STATE, SO AS TO AUTHORIZE CERTAIN ADDITIONAL RESIDENT AND AT-LARGE CIRCUIT JUDGES; TO AMEND THE 1976 CODE BY ADDING SECTION 14-1-215 SO AS TO PROVIDE THAT A JUDGE OR JUSTICE RETIRED FROM THE SUPREME COURT, COURT OF APPEALS, CIRCUIT COURT, OR FAMILY COURT OF THIS STATE MAY NOT BE ASSIGNED TO PRESIDE OVER ANY OFFICIAL PROCEEDING IN ANY CIRCUIT OR FAMILY COURT OF THIS STATE EXCEPT IN CASES OF AN EMERGENCY AS DETERMINED BY THE CHIEF JUSTICE OF THE SUPREME COURT AND TO PROVIDE FOR CERTAIN SCREENING OF THESE JUDGES AND JUSTICES IN ORDER TO SERVE IN THESE EMERGENCY SITUATIONS; TO AMEND SECTION 9-8-120, RELATING TO THE AUTHORIZATION FOR JUSTICES OR JUDGES WHO ARE RETIRED UNDER THE JUDICIAL RETIREMENT SYSTEM TO PERFORM JUDICIAL DUTIES IN CERTAIN COURTS, SO AS TO CONFORM THE PROVISIONS OF THIS SECTION TO THE LIMITATIONS CONTAINED IN SECTION 14-1-215; AND TO AMEND THE 1976 CODE BY ADDING SECTION 14-1-216 SO AS TO PROVIDE THAT NO ACTIVE FAMILY COURT JUDGE MAY BE ASSIGNED TO PRESIDE OVER ANY OFFICIAL PROCEEDING IN THE CIRCUIT COURT.

On motion of Senator WILLIAMS, with unanimous consent, the Report of the Committee of Conference was taken up for immediate consideration.

On motion of Senator WILLIAMS, the Report was adopted (Doc. No. 5316P, G2) as follows:

The General Assembly, Columbia, S.C., June 7, 1990

The COMMITTEE OF CONFERENCE, to whom was referred:
H. 4423 -- Judiciary Committee: A BILL TO AMEND SECTION 14-5-610, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JUDICIAL CIRCUITS OF THIS STATE AND THE NUMBER OF CIRCUIT JUDGES TO BE ELECTED FOR THE STATE, SO AS TO AUTHORIZE CERTAIN ADDITIONAL RESIDENT AND AT-LARGE CIRCUIT JUDGES; TO AMEND THE 1976 CODE BY ADDING SECTION 14-1-215 SO AS TO PROVIDE THAT A JUDGE OR JUSTICE RETIRED FROM THE SUPREME COURT, COURT OF APPEALS, CIRCUIT COURT, OR FAMILY COURT OF THIS STATE MAY NOT BE ASSIGNED TO PRESIDE OVER ANY OFFICIAL PROCEEDING IN ANY CIRCUIT OR FAMILY COURT OF THIS STATE EXCEPT IN CASES OF AN EMERGENCY AS DETERMINED BY THE CHIEF JUSTICE OF THE SUPREME COURT AND TO PROVIDE FOR CERTAIN SCREENING OF THESE JUDGES AND JUSTICES IN ORDER TO SERVE IN THESE EMERGENCY SITUATIONS; TO AMEND SECTION 9-8-120, RELATING TO THE AUTHORIZATION FOR JUSTICES OR JUDGES WHO ARE RETIRED UNDER THE JUDICIAL RETIREMENT SYSTEM TO PERFORM JUDICIAL DUTIES IN CERTAIN COURTS, SO AS TO CONFORM THE PROVISIONS OF THIS SECTION TO THE LIMITATIONS CONTAINED IN SECTION 14-1-215; AND TO AMEND THE 1976 CODE BY ADDING SECTION 14-1-216 SO AS TO PROVIDE THAT NO ACTIVE FAMILY COURT JUDGE MAY BE ASSIGNED TO PRESIDE OVER ANY OFFICIAL PROCEEDING IN THE CIRCUIT COURT.

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:

SECTION   1.   Section 14-5-610 of the 1976 Code is amended to read:

"Section 14-5-610.   The State is divided into sixteen judicial circuits as follows:

(1)   The first circuit shall be is composed of the counties of Calhoun, Dorchester, and Orangeburg;.

(2)   The second circuit shall be is composed of the counties of Aiken, Bamberg, and Barnwell;.

(3)   The third circuit shall be is composed of the counties of Clarendon, Lee, Sumter, and Williamsburg;.

(4)   The fourth circuit shall be is composed of the counties of Chesterfield, Darlington, Marlboro, and Dillon;.

(5)   The fifth circuit shall be is composed of the counties of Kershaw and Richland;.

(6)   The sixth circuit shall be is composed of the counties of Chester, Lancaster, and Fairfield;.

(7)   The seventh circuit shall be is composed of the counties of Cherokee and Spartanburg;.

(8)   The eighth circuit shall be is composed of the counties of Abbeville, Greenwood, Laurens, and Newberry;.

(9)   The ninth circuit shall be is composed of the counties of Charleston and Berkeley;.
(10)   The tenth circuit shall be is composed of the counties of Anderson and Oconee;.
(11)   The eleventh circuit shall be is composed of the counties of Lexington, McCormick, Saluda, and Edgefield;.
(12)   The twelfth circuit shall be is composed of the counties of Florence and Marion;.
(13)   The thirteenth circuit shall be is composed of the counties of Greenville and Pickens;.
(14)   The fourteenth circuit shall be is composed of the counties of Allendale, Hampton, Colleton, Jasper, and Beaufort;.
(15)   The fifteenth circuit shall be is composed of the counties of Georgetown and Horry; and.
(16)   The sixteenth circuit shall be is composed of the counties of York and Union.

One judge shall must be elected from the first, second, sixth, twelfth, fourteenth, fifteenth and sixteenth circuits. and two Two judges shall must be elected from the third, fourth, fifth, seventh, eighth, ninth, tenth, eleventh, and thirteenth fourteenth, and fifteenth circuits. Three judges must be elected from the fifth, ninth, and thirteenth circuits.

In addition to the above judges authorized by this section, there shall must be six ten additional circuit judges elected by the General Assembly from the State at large for terms of office of six years. Such These additional judges shall must be elected without regard to county or circuit of residence. Each office of the at-large judges shall be is a separate office and be is assigned numerical designations of Seat No. 1, Seat No. 2, Seat No. 3, Seat No. 4, Seat No. 5 and Seat No. 6 Seat No. 1 through Seat No. 10 respectively."

SECTION 2. The 1976 Code is amended by adding:

"Section 14-1-215. A retired judge or justice from the Supreme Court, Court of Appeals or circuit court of this State may be assigned by the Chief Justice of the Supreme Court to preside over any official proceeding in any circuit court of this State. A retired judge or justice from the Supreme Court or Court of Appeals of this State may be assigned by the Chief Justice of the Supreme Court to act as an associate justice or judge in any proceeding before the Supreme Court or Court of Appeals. A retired judge from the family court of this State may be assigned by the Chief Justice of the Supreme Court to preside over any official proceeding in any family court of this State.

In order to be eligible to be appointed by the Chief Justice to serve, any retired justice or judge of this State must have been screened in the manner provided in Section 2-19-10 and found by the committee to be qualified to serve in these situations within two years of the date of his appointment to serve."

SECTION 3.   Section 9-8-120(3) of the 1976 Code is amended to read:

"(3)   Any Subject to the limitations contained in Section 14-1-215, a retired justice or judge may be called upon and appointed by the Chief Justice of the Supreme Court to perform such judicial duties in the Supreme Court, Court of Appeals, circuit courts, and family courts as he may be willing and able to undertake. Any A retired justice or judge serving as an acting associate justice or as a judge, special circuit judge or family court judge shall serve without pay except for his actual expenses while serving. If any such a retired justice or judge shall have has performed for a period of three or more consecutive months full judicial duties as an acting associate justice or as a judge, special circuit judge, or special family court judge, his retirement pay for each full month during such this period shall must be increased by an amount equal to the difference between retirement payment and active pay. Upon certification by the Chief Justice setting forth the number of full months of such the service the State Treasurer shall make payment accordingly."

SECTION   4.   The 1976 Code is amended by adding:

"Section 14-1-216.   No active family court judge may be assigned to preside over any official proceeding in the circuit court."

SECTION   5.   Section 9-8-120(4) of the 1976 Code, as last amended by an unnumbered act of 1990, is further amended to read:

"(4) No justice, or judge while drawing retirement compensation shall engage in the practice of law if such practice shall involve appearing in the courts of this State before a jury, administrative tribunal or judge or shall involve appearing before the Supreme Court of this State. A justice or judge drawing retirement compensation who engages in the practice of law may not serve as a justice or judge in any court in this State. Within thirty days of his retirement under this chapter, a retired judge or justice shall make an irrevocable election as to whether he wishes to engage in the practice of law or be eligible for appointment by the Chief Justice as a judge or justice in the courts of this State."

SECTION   6.   No candidate for judicial office may seek directly the pledge of a member of the General Assembly's vote until the qualifications of all candidates for that office have been determined by the judicial screening committee, nor may a member offer the pledge until the qualifications of all candidates for that office have been determined by the judicial screening committee.

SECTION   7.   The 1976 Code is amended by adding:

"Section 2-19-80. Where the joint committee finds an incumbent judge for a family court, circuit court, court of appeals, or Supreme Court judgeship not qualified for the office sought, or an incumbent judge running for that judgeship withdraws or dies before the election after filing, the election for that office may not be held until additional candidates, if any, for a period of fourteen days from the date of the reopening of filing for that office have been given an opportunity to file notice of intention to seek the office pursuant to Section 2-19-20, hearings on these candidates, if necessary, have been conducted, pursuant to Section 2-19-30, and the joint committee has rendered its report concerning these additional candidates."

SECTION   8.   Notwithstanding any other provision of law, a retired justice or judge may draw retirement compensation while employed by a public institution of education; provided, however, that a justice or judge while so employed may not contribute to, or receive service credit in, the South Carolina Retirement System for teachers and employees of the State and political subdivisions or agencies or departments thereof.

SECTION   9.   This act takes effect July 1, 1991, except that: (1) upon approval of this act by the Governor, the joint committee to review judicial candidates established pursuant to Chapter 19 of Title 2 of the 1976 Code may begin screening candidates for the additional circuit judgeships authorized by this act and the General Assembly may elect these circuit judges, who shall take office on July 1, 1991; (2) the provision of this act relating to the practice of law by a retired judge or justice shall take effect upon approval by the Governor; (3) the provisions of this act relating to a justice or judge's employment by an institution of public education shall take effect upon approval by the Governor./

Amend title to conform.

Donald H. Holland                 David H. Wilkins
H. Samuel Stilwell                Robert Wesley Hayes, Jr.
Michael F. Mullinax               Larry E. Gentry
On Part of the Senate.              On Part of the House.

, and a message was sent to the House accordingly.

The Report of the Committee on Conference having been adopted by both Houses ordered that the title be changed to that of an Act, and the Act enrolled for Ratification.

H. 4771 -- Rep. Wells: A BILL TO AMEND CHAPTER 25, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BOATING AND SURFING AT PARTICULAR LOCATIONS, BY ADDING ARTICLE 13 SO AS TO ESTABLISH NO WAKE ZONES AND TO RESTRICT NAVIGATION, THE SIZE OF WATERCRAFT, WATERCRAFT ENGINE SIZE, AND WATERSKIING AND SWIMMING ON LAKES WILLIAM C. BOWEN AND H. TAYLOR BLALOCK IN SPARTANBURG COUNTY, AND TO PROVIDE A PENALTY.

On motion of Senator LEE, with unanimous consent, the Report of the Committee of Conference was taken up for immediate consideration.

Senator LEE explained the Report.

On motion of Senator LEE, with unanimous consent, the Report was adopted (Doc. No. 1891o) as follows:

The General Assembly, Columbia, S.C., June 6, 1990

The COMMITTEE OF CONFERENCE, to whom was referred:
H. 4771 -- Rep. Wells: A BILL TO AMEND CHAPTER 25, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BOATING AND SURFING AT PARTICULAR LOCATIONS, BY ADDING ARTICLE 13 SO AS TO ESTABLISH NO WAKE ZONES AND TO RESTRICT NAVIGATION, THE SIZE OF WATERCRAFT, WATERCRAFT ENGINE SIZE, AND WATERSKIING AND SWIMMING ON LAKES WILLIAM C. BOWEN AND H. TAYLOR BLALOCK IN SPARTANBURG COUNTY, AND TO PROVIDE A PENALTY.
Beg leave to report that they have considered the same and recommend that the bill, as and if amended, pass amended as follows:

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

/SECTION   1.   Chapter 25, Title 50 of the 1976 Code is amended by adding:

Section 50-25-1310.   On Lakes William C. Bowen and H. Taylor Blalock in Spartanburg County:

(1)   There is established a no wake zone within three hundred feet of all bridges and public docks. No wake zones must be clearly marked with signs. The signs must be designed and installed by the South Carolina Wildlife and Marine Resources Department.

(2)   No watercraft of any type may be operated within five hundred feet of any pump station, water intake of a dam, or spillways. These restricted areas must be clearly marked with signs. Signs must be designed and installed by the South Carolina Wildlife and Marine Resources Department.

(3)   No watercraft may operate or anchor within one hundred fifty feet of public fishing piers.

(4)   No sailing craft with a mast height in excess of thirty feet is permitted to operate.

(5)   No wading, bathing, or swimming is permitted within two hundred feet of any public landing, bridge, or restricted area. These restricted areas must be clearly marked with signs. The signs must be designed and installed by the South Carolina Wildlife and Marine Resources Department.

(6)   The lake wardens, at their discretion, may limit entrance of watercraft onto the lakes via the public landings when conditions such as overcrowding or adverse weather create an unsafe boating environment.

Section 50-25-1320.   On Lake William C. Bowen:

(1)   No watercraft with an outboard motor having a horsepower rating in excess of one hundred fifteen horsepower is permitted.

(2)   No watercraft with an outboard motor in excess of the United States Coast Guard rating, with Coast Guard rating plate missing or changed, is permitted.

(3)   No watercraft powered by an outdrive or inboard motor having an engine automotive horsepower rating in excess of one hundred eighty horsepower is permitted. This restriction does not apply to towboats which have been approved by the American Waterski Association.

(4) There is no minimum or maximum restriction on length of watercraft.

Section 50-25-1330.   On Lake H. Taylor Blalock, no watercraft with an engine greater than fifteen horsepower may operate unless:

(1)   the gas line has been disconnected and the engine or prop is trimmed out of water, and

(2)   an electric trolling motor or engine of fifteen horsepower or less is mounted but pontoon boats with a length greater than sixteen feet may utilize motors not greater than thirty-five horsepower.

Section 50-25-1340.   On Lake H. Taylor Blalock, it is unlawful to waterski, or tow rafts, discs, or any other similar floating devices.

Section 50-25-1350.   On Lake William C. Bowen it is unlawful to:

(1)   waterski or tow rafts, discs, or other similar floating devices within three hundred feet of any bridge or within one hundred feet of public dock facilities of the Spartanburg Water System;

(2)   waterski and tow rafts, discs, or other similar floating devices upstream and west of the Interstate Highway 26 bridge which crosses over Lake William C. Bowen;

(3)   pull more than two skiers at one time from any boat or to waterski while carrying one or more persons piggyback.

(4)   operate a watercraft between midnight and one hour before sunrise.

Section 50-25-1360.   The South Carolina Wildlife and Marine Resources Department, after consultation with the Spartanburg Water System, by special permit, may waive the restrictions and provisions of Section 50-25-1310 through 50-25-1350 to allow for boat testing, water and ski shows, and similar activities. It is unlawful to violate the terms and conditions of the permit.

Section 50-25-1370.   A person violating a provision of this article is guilty of a misdemeanor and must be punished as provided in Section 50-1-130."

SECTION   2.   This act takes effect upon approval by the Governor./

Amend title to conform.

W. Richard Lee                    Danny M. Bruce
John R. Russell                   G. Ralph Davenport
Horace C. Smith                   Carole C. Wells
On Part of the Senate.            On Part of the House.

, and a message was sent to the House accordingly.

The Report of the Committee of Free Conference having been adopted by both Houses ordered that the title be changed to that of an Act, and the Act enrolled for Ratification.

S. 391 -- Senators Waddell, Lindsay, Lourie, Leatherman and Lee: A BILL TO AMEND SECTIONS 48-39-270 THROUGH 48-39-360, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BEACH MANAGEMENT ACT, SO AS TO ADD SECTIONS 48-39-305 AND 48-39-355, PROVIDE FOR A THIRTY INSTEAD OF FORTY-YEAR RETREAT POLICY, REVISE DEFINITIONS, THE PROVISIONS FOR AND THE DETERMINATION OF THE BASELINE AND THE SETBACK LINE, THE DUTIES OF THE COASTAL COUNCIL, THE PROVISIONS FOR THE REPAIR AND REPLACEMENT OF A HABITABLE STRUCTURE OR RECREATIONAL AMENITY, EXEMPTIONS, EROSION CONTROL DEVICES, DAMAGE APPRAISALS, AND TIME LIMITATIONS, PROVIDE FOR A PETITION TO THE CIRCUIT COURT BY LANDOWNERS AND THE COURT'S DETERMINATION, PROVIDE FOR THE PLANTING OF VEGETATION, PROVIDE FOR THE CREATION AND REVISION OF THE BEACH MANAGEMENT PLAN PURSUANT TO THE ADMINISTRATIVE PROCEDURES ACT, REVISE THE REQUIREMENTS OF A DISCLOSURE STATEMENT IN A CONTRACT OF SALE AND DEED, AND PROVIDE FOR THE CIRCUMSTANCES UNDER WHICH A PERMIT IS NOT REQUIRED AND FOR DOCUMENTATION; AMEND ACT 634 OF 1988, RELATING TO THE BEACH MANAGEMENT ACT, SO AS TO PROVIDE FOR A GRADUAL RETREAT FROM THE BEACH/DUNE SYSTEM OVER A THIRTY INSTEAD OF FORTY-YEAR PERIOD; AND PROVIDE FOR THE EFFECTIVE DATE.

On motion of Senator McCONNELL, with unanimous consent, Free Conference Powers were granted to the Committee of Conference, whereupon the PRESIDENT appointed Senators HAYES, McCONNELL and LONG of the Committee of Free Conference on the part of the Senate, and a message was sent to the House accordingly.

Columbia, S.C., June 19, 1990

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has appointed Reps. Sturkie, Bennett and Barber of the Committee of Free Conference on the part of the House on:
S. 391 -- Senators Waddell, Lindsay, Lourie, Leatherman and Lee: A BILL TO AMEND SECTIONS 48-39-270 THROUGH 48-39-360, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BEACH MANAGEMENT ACT, SO AS TO ADD SECTIONS 48-39-305 AND 48-39-355, PROVIDE FOR A THIRTY INSTEAD OF FORTY-YEAR RETREAT POLICY, REVISE DEFINITIONS, THE PROVISIONS FOR AND THE DETERMINATION OF THE BASELINE AND THE SETBACK LINE, THE DUTIES OF THE COASTAL COUNCIL, THE PROVISIONS FOR THE REPAIR AND REPLACEMENT OF A HABITABLE STRUCTURE OR RECREATIONAL AMENITY, EXEMPTIONS, EROSION CONTROL DEVICES, DAMAGE APPRAISALS, AND TIME LIMITATIONS, PROVIDE FOR A PETITION TO THE CIRCUIT COURT BY LANDOWNERS AND THE COURT'S DETERMINATION, PROVIDE FOR THE PLANTING OF VEGETATION, PROVIDE FOR THE CREATION AND REVISION OF THE BEACH MANAGEMENT PLAN PURSUANT TO THE ADMINISTRATIVE PROCEDURES ACT, REVISE THE REQUIREMENTS OF A DISCLOSURE STATEMENT IN A CONTRACT OF SALE AND DEED, AND PROVIDE FOR THE CIRCUMSTANCES UNDER WHICH A PERMIT IS NOT REQUIRED AND FOR DOCUMENTATION; AMEND ACT 634 OF 1988, RELATING TO THE BEACH MANAGEMENT ACT, SO AS TO PROVIDE FOR A GRADUAL RETREAT FROM THE BEACH/DUNE SYSTEM OVER A THIRTY INSTEAD OF FORTY-YEAR PERIOD; AND PROVIDE FOR THE EFFECTIVE DATE.
Very respectfully,
Speaker of the House

Received as information.

Columbia, S.C., June 19, 1990

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has adopted the report of the Committee of Free Conference on:
S. 391 -- Senators Waddell, Lindsay, Lourie, Leatherman and Lee: A BILL TO AMEND SECTIONS 48-39-270 THROUGH 48-39-360, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BEACH MANAGEMENT ACT, SO AS TO ADD SECTIONS 48-39-305 AND 48-39-355, PROVIDE FOR A THIRTY INSTEAD OF FORTY-YEAR RETREAT POLICY, REVISE DEFINITIONS, THE PROVISIONS FOR AND THE DETERMINATION OF THE BASELINE AND THE SETBACK LINE, THE DUTIES OF THE COASTAL COUNCIL, THE PROVISIONS FOR THE REPAIR AND REPLACEMENT OF A HABITABLE STRUCTURE OR RECREATIONAL AMENITY, EXEMPTIONS, EROSION CONTROL DEVICES, DAMAGE APPRAISALS, AND TIME LIMITATIONS, PROVIDE FOR A PETITION TO THE CIRCUIT COURT BY LANDOWNERS AND THE COURT'S DETERMINATION, PROVIDE FOR THE PLANTING OF VEGETATION, PROVIDE FOR THE CREATION AND REVISION OF THE BEACH MANAGEMENT PLAN PURSUANT TO THE ADMINISTRATIVE PROCEDURES ACT, REVISE THE REQUIREMENTS OF A DISCLOSURE STATEMENT IN A CONTRACT OF SALE AND DEED, AND PROVIDE FOR THE CIRCUMSTANCES UNDER WHICH A PERMIT IS NOT REQUIRED AND FOR DOCUMENTATION; AMEND ACT 634 OF 1988, RELATING TO THE BEACH MANAGEMENT ACT, SO AS TO PROVIDE FOR A GRADUAL RETREAT FROM THE BEACH/DUNE SYSTEM OVER A THIRTY INSTEAD OF FORTY-YEAR PERIOD; AND PROVIDE FOR THE EFFECTIVE DATE.
and has ordered the Bill enrolled for Ratification.

Very respectfully,
Speaker of the House

Received as information.

S. 391 -- Senators Waddell, Lindsay, Lourie, Leatherman and Lee: A BILL TO AMEND SECTIONS 48-39-270 THROUGH 48-39-360, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BEACH MANAGEMENT ACT, SO AS TO ADD SECTIONS 48-39-305 AND 48-39-355, PROVIDE FOR A THIRTY INSTEAD OF FORTY-YEAR RETREAT POLICY, REVISE DEFINITIONS, THE PROVISIONS FOR AND THE DETERMINATION OF THE BASELINE AND THE SETBACK LINE, THE DUTIES OF THE COASTAL COUNCIL, THE PROVISIONS FOR THE REPAIR AND REPLACEMENT OF A HABITABLE STRUCTURE OR RECREATIONAL AMENITY, EXEMPTIONS, EROSION CONTROL DEVICES, DAMAGE APPRAISALS, AND TIME LIMITATIONS, PROVIDE FOR A PETITION TO THE CIRCUIT COURT BY LANDOWNERS AND THE COURT'S DETERMINATION, PROVIDE FOR THE PLANTING OF VEGETATION, PROVIDE FOR THE CREATION AND REVISION OF THE BEACH MANAGEMENT PLAN PURSUANT TO THE ADMINISTRATIVE PROCEDURES ACT, REVISE THE REQUIREMENTS OF A DISCLOSURE STATEMENT IN A CONTRACT OF SALE AND DEED, AND PROVIDE FOR THE CIRCUMSTANCES UNDER WHICH A PERMIT IS NOT REQUIRED AND FOR DOCUMENTATION; AMEND ACT 634 OF 1988, RELATING TO THE BEACH MANAGEMENT ACT, SO AS TO PROVIDE FOR A GRADUAL RETREAT FROM THE BEACH/DUNE SYSTEM OVER A THIRTY INSTEAD OF FORTY-YEAR PERIOD; AND PROVIDE FOR THE EFFECTIVE DATE.

On motion of Senator McCONNELL, with unanimous consent, the Report of the Committee of Free Conference was taken up for immediate consideration.

Senator McCONNELL explained the Report.

On motion of Senator McCONNELL, with unanimous consent, the Report was adopted (Doc. No. 1857A) as follows:

The General Assembly, Columbia, S.C., June 15, 1990
The COMMITTEE OF FREE CONFERENCE, to whom was referred:
S. 391 -- Senators Waddell, Lindsay, Lourie, Leatherman and Lee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 48-39-250 AND 48-39-260 SO AS TO PROVIDE FOR THE FINDINGS AND POLICY RELATING TO THE BEACH/DUNE SYSTEM; TO AMEND SECTION 48-39-130, AS AMENDED, RELATING TO COASTAL COUNCIL PERMITS TO UTILIZE A CRITICAL AREA, SO AS TO REVISE THE PROVISIONS DETAILING WHEN A PERMIT IS NOT NECESSARY; TO AMEND SECTIONS 48-39-270 THROUGH 48-39-360, RELATING TO THE BEACH MANAGEMENT ACT, SO AS TO ADD SECTIONS 48-39-305 AND 48-39-355, REVISE DEFINITIONS, THE PROVISIONS FOR AND THE DETERMINATION OF THE BASELINE AND THE SETBACK LINE, THE DUTIES OF THE COASTAL COUNCIL, THE REQUIREMENTS RELATING TO CONSTRUCTION, RECONSTRUCTION, HABITABLE STRUCTURES, EROSION CONTROL STRUCTURES OR DEVICES, POOLS, AND BUILDING PERMITS, AND THE EXEMPTIONS, PROVIDE FOR A PETITION TO THE CIRCUIT COURT BY LANDOWNERS AND THE COURT'S DETERMINATION, PROVIDE FOR THE PLANTING OF VEGETATION, REVISE THE REQUIREMENTS FOR THE BEACH MANAGEMENT PLAN AND OF A DISCLOSURE STATEMENT IN A CONTRACT OF SALE OR TRANSFER OF REAL PROPERTY, AND PROVIDE FOR THE CIRCUMSTANCES UNDER WHICH A PERMIT IS NOT REQUIRED AND FOR DOCUMENTATION; TO REPEAL SECTIONS 1 AND 2 OF ACT 634 OF 1988 RELATING TO FINDINGS AND POLICY RELATING TO THE BEACH/DUNE SYSTEM; TO PROVIDE FOR THE PLACEMENT OF SAND ON BEACHES; TO AMEND SECTION 48-39-40, RELATING TO THE MEMBERS OF THE COASTAL COUNCIL, SO AS TO PROVIDE FOR THEIR ELECTION INSTEAD OF APPOINTMENT AND DELETE THE PROVISIONS FOR INITIAL APPOINTMENTS; TO PROVIDE FOR THE SERVICE OF THE CURRENT NONLEGISLATIVE MEMBERS OF THE COUNCIL; AND TO PROVIDE FOR APPLICATION OF THE ACT ON LEGAL ACTIONS.
Beg leave to report that they have considered the same and recommend that the bill, as and if amended, pass amended as follows:

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

/SECTION   1.   The 1976 Code is amended by adding:

"Section 48-39-250.   The General Assembly finds that:

(1)   The beach/dune system along the coast of South Carolina is extremely important to the people of this State and serves the following functions:

(a)   protects life and property by serving as a storm barrier which dissipates wave energy and contributes to shoreline stability in an economical and effective manner;

(b)   provides the basis for a tourism industry that generates approximately two-thirds of South Carolina's annual tourism industry revenue which constitutes a significant portion of the state's economy. The tourists who come to the South Carolina coast to enjoy the ocean and dry sand beach contribute significantly to state and local tax revenues;

(c)   provides habitat for numerous species of plants and animals, several of which are threatened or endangered. Waters adjacent to the beach/dune system also provide habitat for many other marine species;

(d)   provides a natural healthy environment for the citizens of South Carolina to spend leisure time which serves their physical and mental well-being.

(2)   Beach/dune system vegetation is unique and extremely important to the vitality and preservation of the system.

(3)   Many miles of South Carolina's beaches have been identified as critically eroding.

(4)   Chapter 39 of Title 48, Coastal Tidelands and Wetlands, prior to 1988 did not provide adequate jurisdiction to the South Carolina Coastal Council to enable it to effectively protect the integrity of the beach/dune system.

Consequently, without adequate controls, development unwisely has been sited too close to the system. This type of development has jeopardized the stability of the beach/dune system, accelerated erosion, and endangered adjacent property. It is in both the public and private interests to protect the system from this unwise development.

(5)   The use of armoring in the form of hard erosion control devices such as seawalls, bulkheads, and rip-rap to protect erosion-threatened structures adjacent to the beach has not proven effective. These armoring devices have given a false sense of security to beachfront property owners. In realty, these hard structures, in many instances, have increased the vulnerability of beachfront property to damage from wind and waves while contributing to the deterioration and loss of the dry sand beach which is so important to the tourism industry.

(6)   Erosion is a natural process which becomes a significant problem for man only when structures are erected in close proximity to the beach/dune system. It is in both the public and private interests to afford the beach/dune system space to accrete and erode in its natural cycle. This space can be provided only by discouraging new construction in close proximity to the beach/dune system and encouraging those who have erected structures too close to the system to retreat from it.

(7)   Inlet and harbor management practices, including the construction of jetties which have not been designed to accommodate the longshore transport of sand, may deprive downdrift beach/dune systems of their natural sand supply. Dredging practices which include disposal of beach quality sand at sea also may deprive the beach/dune system of much-needed sand.

(8)   It is in the state's best interest to protect and to promote increased public access to South Carolina's beaches for out-of-state tourists and South Carolina residents alike.

(9)   Present funding for the protection, management, and enhancement of the beach/dune system is inadequate.
(10)   There is no coordinated state policy for post-storm emergency management of the beach/dune system.
(11)   A long-range comprehensive beach management plan is needed for the entire coast of South Carolina to protect and manage effectively the beach/dune system, thus preventing unwise development and minimizing man's adverse impact on the system.

Section 48-39-260.   In recognition of its stewardship responsibilities, the policy of South Carolina is to:

(1)   protect, preserve, restore, and enhance the beach/dune system, the highest and best uses of which are declared to provide:

(a)   protection of life and property by acting as a buffer from high tides, storm surge, hurricanes, and normal erosion;

(b)   a source for the preservation of dry sand beaches which provide recreation and a major source of state and local business revenue;

(c)   an environment which harbors natural beauty and enhances the well-being of the citizens of this State and its visitors;

(d)   natural habitat for indigenous flora and fauna including endangered species;

(2)   create a comprehensive, long-range beach management plan and require local comprehensive beach management plans for the protection, preservation, restoration, and enhancement of the beach/dune system. These plans must promote wise use of the state's beachfront to include a gradual retreat from the system over a forty-year period;

(3)   severely restrict the use of hard erosion control devices to armor the beach/dune system and to encourage the replacement of hard erosion control devices with soft technologies as approved by the South Carolina Coastal Council which will provide for the protection of the shoreline without long-term adverse effects;

(4)   encourage the use of erosion-inhibiting techniques which do not adversely impact the long-term well-being of the beach/dune system;

(5)   promote carefully planned nourishment as a means of beach preservation and restoration where economically feasible;

(6)   preserve existing public access and promote the enhancement of public access to assure full enjoyment of the beach by all our citizens including the handicapped and encourage the purchase of lands adjacent to the Atlantic Ocean to enhance public access;

(7)   involve local governments in long-range comprehensive planning and management of the beach/dune system in which they have a vested interest;

(8)   establish procedures and guidelines for the emergency management of the beach/dune system following a significant storm event."

SECTION   2.   Section 48-39-130(D)(1) and (6) of the 1976 Code, as last amended by Act 634 of 1988, are further amended to read:

"(1)   The accomplishment of emergency orders of any duly an appointed official of a county or municipality or of the State, acting to protect the public health and safety, upon notification to the council. However, with regard to the beach/dune critical area, only the use of sandbags, or sandscraping, or renourishment, or both a combination of them, in accordance with guidelines provided by the council is allowed pursuant to this item.

(6)   Emergency repairs to any an existing bank, dike, or fishing pier, or structure other than oceanfront erosion control structures or devices which has been erected in accordance with federal and state laws or provided for by general law or acts passed by the General Assembly of South Carolina, if notice is given in writing to the council within seventy-two hours from the onset of the needed repairs."

SECTION   3.   Sections 48-39-270 through 48-39-360, as added by Act 634 of 1988, are amended to read:

"Section 48-39-270.   As used in this chapter:

(1)   Erosion control structures or devices include:

(a)   seawall:   a special type of retaining wall that is designed specifically to withstand normal wave forces;

(b)   bulkhead:   a retaining wall designed to retain fill material but not to withstand wave forces on an exposed shoreline;

(c)   revetment (rip-rap): a sloping structure built along a scarp or in front of a bulkhead to protect the shoreline or bulkhead from erosion.

(2)   Habitable structure includes any structure suitable for habitation or any structure used for commercial purposes. If a building, as defined in Section 27-31-20, is divided into apartments, as defined in Section 27-31-20, then the entire building, not the individual apartments, is considered as a single habitable structure for the purposes of this chapter.

(3)   Council means the South Carolina Coastal Council.

(4)   Beach nourishment means the artificial establishment and periodic renourishment of a beach with sand that is compatible with that beach in such a way as to create a dry sand beach at all stages of the tide.

(5)   The beach/dune system delineation includes all land from the mean high-water mark of the Atlantic Ocean landward to the setback line described in Section 48-39-280.

(6)   A standard erosion zone is a segment of shoreline which is subject to essentially the same set of coastal processes, has a fairly constant range of profiles and sediment characteristics, and is not directly influenced by tidal inlets or associated inlet shoals.

(7)   An inlet erosion zone is a segment of shoreline along or adjacent to tidal inlets which are directly influenced by the inlet and its associated shoals.

(8)   Master plan means a document or a map prepared by a developer or a city as a policy guide to decisions about the physical development of the project or community.

(9)   Planned development means a development plan which has received local approval for a specified number of dwelling and other units. The siting and size of structures and amenities are specified or restricted within the approval. This term specifically references multifamily or commercial projects not otherwise referenced by the terms master plan or planned unit development.

(10)   Planned unit development means a residential, commercial, and industrial development professionally designed as a unit and approved by local government.

Section 48-39-280.   (A)   A forty-year retreat policy must be implemented by defining, utilizing the best available information and data, a baseline along standard erosion zones and inlet erosion zones and measuring back from the baseline a distance equal to forty times the annual erosion rate to be determined as an average over the previous forty years or a comparable period of time.

(1)   The baseline for each standard erosion zone is the location of the crest of an ideal primary ocean front sand dune in that zone. In standard erosion zones where the shoreline has been altered artificially by the construction of erosion control devices, groins, or any other manmade alterations, the baseline is where the crest of an ideal primary ocean front sand dune for that zone would be located if the shoreline had not been altered. A scientific study by professional geologists or registered coastal engineers is required to determine where the baseline is for each standard erosion zone.

(2)   For inlets that are not stabilized by jetties, terminal groins, or other structures, the baselines within inlet erosion zones are determined as the most landward point of erosion at any time during the past forty years, unless detailed historical and scientific studies of the inlets and adjacent beaches indicate that the shorelines are unlikely to return to their former positions. The studies, to be completed as part of the State Comprehensive Beach Management Plan, must consider: historical inlet migration, inlet stability, channel and ebb tidal delta changes, the effects of sediment bypassing on shorelines adjacent to the inlets, and the effects of nearby beach restoration projects on inlet sediment budgets.

(3)   For inlets that are stabilized by jetties, terminal groins, or other structures, the baselines within inlet erosion zones are determined in the same manner as those in standard erosion zones. However, the actual location of the crest of an ideal primary ocean front sand dune must be taken as the baseline, not the location had the inlet remained unstabilized.

(B)   The setback line must be determined using the baseline for the zones.

(1)   For standard erosion zones, the setback line is the line landward of the baseline that is established at a distance which is forty times the annual erosion rate as determined by historical and other scientific means and adopted by the council in the State Comprehensive Beach Management Plan. However, all setback lines must be established no less than twenty feet landward of the baseline, even in cases where the shoreline has been stable or has experienced net accretion over the past forty years.

(2)   For inlet erosion zones, the setback line is the line that is established landward of the baseline at a distance which is forty times the annual erosion rate as determined by historical and other scientific means and adopted by the council in the State Comprehensive Beach Management Plan. However, all setback lines must be established no less than twenty feet landward of the baseline, even in cases where the shoreline has been stable or has experienced net accretion over the past forty years.

(C)   An interim baseline and the setback line must be established after the evaluation of all monitoring or scientific analysis by July 1, 1988. Before July 2, 1990, the baseline and the setback line must be reestablished after the evaluation of all monitoring or scientific analysis and public input. The baseline and setback line must be reset no later than ten years after July 1, 1990, and must be revised not less than every five years after they are reset and not more than every ten years after they are reset. It is the responsibility of the council to revise the baseline and setback line for all the inlet and standard erosion zones and to transmit this information and otherwise make it readily available for all members of the public and all state and local entities. In order to plan for the revisions, the council may stagger the revision of these zones in any way considered appropriate so long as every zone is revised in accordance with the time guidelines established in this section. Nothing in this section allows the seaward movement of the baseline after July 1, 1990. However, renourishment is desirable, and it is recognized that this process may slow down or prevent the landward movement of the setback line.

(D)   In order to locate the baseline and the setback line, the council shall establish monumented and controlled survey points in each county fronting the Atlantic Ocean. The council shall acquire sufficient surveyed topographic information on which to locate the baseline. Surveyed topographic data must typically be gathered at two thousand foot intervals. However, in areas subject to significant near term development and in areas currently developed, the interval, at the discretion of the council, may be more frequent. The resulting surveys must locate the crest of the frontal or ideal dune which must be used as the baseline for computing the forty-year erosion rate. In cases where no frontal dune exists, a study conducted by registered coastal engineers or professional geologists, or both, is required to determine where the upland location of the crest of the frontal dune would be located if the shoreline was not altered. The council, by regulation, may exempt specifically described portions of the coastline from the survey requirements of this section when, in its judgment, the portions of coastline are not subject to erosion or are not likely to be developed by virtue of local, state, or federal programs in effect on the coastline which would preclude any significant development, or both.

(E)   Any coastal riparian landowner adversely affected who feels that the setback line, baseline, or erosion rate as adopted is in error, upon submittal of substantiating evidence, must be granted a review of the setback line, baseline, or erosion rate, or a review of all three. Any of the requests must be forwarded to the appropriate committee of the council and thereafter handled in accordance with the council's regulations on appeals.

Section 48-39-290.   (A)   If a habitable structure existing on the effective date of Sections 48-39-270 through 48-39-360 seaward of the setback line is damaged by natural causes or fire, it may be repaired by the owner if all of the following requirements are met:

(1)   The total square footage of the repaired structure does not exceed the total square footage of the original structure.

(2)   The linear footage along the coast of the repaired structure does not exceed the linear footage along the coast of the original structure.

(3)   The structure, as repaired, is not any further seaward than the original structure.

(4)   All repairs are permitted by local zoning and building authorities.

(B)   If a habitable structure existing on the effective date of Sections 48-39-270 through 48-39-360 seaward of the setback line is destroyed beyond repair by natural causes or fire, it may be replaced by the owner after notification of the council if all of the following requirements are met:

(1)   The total square footage of the replaced structure does not exceed the total square footage of the original structure.

(2)   The linear footage along the coast of the replaced structure does not exceed the linear footage along the coast of the original structure.

(3)   The structure, as replaced, is not any further seaward than the original structure.

(4)   The replaced structure is permitted by local zoning and building authorities.

(5)   Where possible, the replaced structure is moved behind the setback line or if not possible, then as far landward as possible.

(6)   Any erosion control device protecting the replaced structure conforms to the requirements as set forth in subsection (C) of this section.

(7)   The owner renourishes the beach in front of the property on a yearly basis with an amount and type of sand to be approved by the council, but which must not be less than one and one-half times the yearly volume of sand lost due to erosion. However, the provisions of this item do not apply if the structure is in an area landward of an ongoing federal, state, or local government renourishment project.

(8)   The reconstruction is not seaward of the baseline.

If a habitable structure is rebuilt pursuant to this section, no recreational amenity may be built or rebuilt seaward of the setback line. Nothing in this section allows any rebuilding in the area from the baseline to twenty feet landward of the baseline. A person having a recorded interest or interest by operation of law in or registered claim to land within the area from the baseline to twenty feet landward of the baseline affected by this prohibition may petition the circuit court to determine whether the petitioner is the owner of the land in question, or has an interest in it, and in case he is adjudged the owner of the subject land, or has an interest in it, the court shall determine whether the rebuilding prohibition so restricts the use of his property as to deprive him of the practical uses of it, being not otherwise authorized by law, and is therefore an unreasonable exercise of the police power because the prohibition constitutes the equivalent of taking without compensation. The burden of proof is on the petitioner as to ownership and the burden of proof is on the State to prove that the prohibition is not an unreasonable exercise of the police power. The method provided in this subsection for the determination of the issue of whether the prohibition constitutes a taking without compensation is exclusive and the issue may not be determined in any other proceeding. The court shall enter a judgment in accordance with the issues. If the judgment is in favor of petitioner, the order shall require the State to either issue the necessary permits for reconstruction of the structure or, in the alternative, to provide reasonable compensation for the loss of use of the land. From a decision of the court either party may appeal as a matter of right. If the owner decides not to repair or rebuild the damaged habitable structure, then he is responsible for its removal. Rebuilding is only allowed when the original structure has been destroyed beyond repair. Nothing in this section prevents the performance of normal maintenance or repairs that do not alter the exterior walls of the structure nor prevents the reconstruction of walkways or other structures providing access to the beach.

(C)   If an erosion control device seaward of the setback line is damaged by a natural disaster, the owner shall report it to the council. The council then shall determine if a damage appraisal is needed. If an erosion control device is determined to be less than fifty percent damaged, it may be repaired in the original location if permitted by the local zoning and building authority. If the erosion control device is determined to be damaged or destroyed fifty percent or more, it must not be repaired but may be replaced by the owner if a permit is obtained from the local governing body and a permit is obtained from the council which requires that:

(1)   the replaced erosion control device is constructed according to guidelines to be developed by the council which prohibit vertical erosion control devices and which require construction according to generally accepted engineering and scientific principles;

(2)   the replacement erosion control device protects a habitable structure and is moved as far landward as possible, and the most seaward point of the replaced erosion control device does not extend further seaward than the original vertical erosion control device or the landward crest of the original sloping revetment unless this requirement would result in the replaced erosion control device being located in a position which would intersect with or damage the existing habitable structure.

Notwithstanding any other provision of this section, an erosion control device protecting undeveloped property may be replaced at its original location in order to provide a continuous structure as it existed before the damage, and the structure must conform to the guidelines as set forth in item (1) of this subsection.

If an erosion control device is replaced pursuant to this section, the owner is required to renourish the beach in front of the property on a yearly basis with an amount and type of sand to be approved by the council, but which is not less than one and one-half times the yearly volume of sand lost due to erosion. However, the provisions of this subsection do not apply if the structure is in an area landward of an ongoing federal, state, or local government renourishment project.

Any failure to comply with the requirements of this section results in the immediate removal of the erosion control device by the owner.

If the owner decides not to repair or replace the damaged erosion control device then he is responsible for its removal. Effective thirty years after the effective date of Sections 48-39-270 through 48-39-360, all vertical seawalls must be replaced with an erosion control device which is constructed according to guidelines to be developed by the council and which must comply with the requirements set forth in this subsection unless a registered structural engineer certifies to the council that the removal of the existing erosion control device would result in the immediate collapse or damage to existing habitable structures. Nothing in this paragraph requires the removal of any erosion control device protecting a public highway which existed on the effective date of Sections 48-39-270 through 48-39-360. A local governing body may, if it notifies the council before July 1, 1988, exempt from the provisions of this subsection the shoreline fronting the Atlantic Ocean under its jurisdiction where coastal erosion has been shown to be attributed to a federally authorized navigation project as documented by the findings of a Section 111 Study conducted under the authority of the Rivers and Harbors Act of 1968, as amended by the Water Resources Development Act of 1986, and approved by the United States Army Corps of Engineers. Should the local governing body exempt its shoreline pursuant to this section, the area of shoreline so exempted shall not be eligible for any state funds provided for the purposes of beach renourishment.

(D)   All original damage appraisals must be conducted by a certified appraiser retained by the property owner. The council may choose to retain a second appraisal from a certified appraiser. If the second appraisal varies from the first appraisal so as to require the replacement of the erosion control device, a third certified appraiser must be selected by the previous two appraisers with the costs being shared equally by the property owner and the council. The percentage of damage determined by the third appraiser is final.

(E)   However, the local zoning and building authorities shall notify the council upon the issuance of any permits required pursuant to this section. The council shall enforce the provisions of this section pursuant to Section 48-39-50(I).

Section 48-39-300.   No new habitable structures are allowed to be constructed, placed, or otherwise made to appear seaward of the setback line, except for new habitable structures no larger than a total of five thousand square feet inclusive of porches, decks, patios, and garages and only on lots platted as of the effective date of Sections 48-39-270 through 48-39-360. However, no new habitable structures are allowed in the area from the baseline to twenty feet landward of the baseline. No new construction is allowed seaward of the baseline. No new recreational amenities may be constructed, placed, or otherwise made to appear seaward of the setback line. The new habitable structure must be constructed according to the local zoning and building codes and is contingent upon certification being given to the council that the habitable structure shall be no larger than five thousand square feet inclusive of porches, decks, patios, and garages and shall be located as far landward on the property as practicable. No new erosion control devices are allowed to be constructed, placed, or otherwise made to appear seaward of the setback line, except for the protection of public highways which existed on the effective date of Sections 48-39-270 through 48-39-360. No erosion control devices may be incorporated as an integral part of any new habitable structure constructed pursuant to this section. However, any person, partnership, or corporation who owns real property that is subject to the setback line as provided for in this section may proceed with the construction of a building under an issued building permit or the construction of buildings and other elements of the master plan, planned development, or planned unit development as approved notwithstanding the setback line established for the property if the person, partnership, or corporation legally has begun a use as evidenced by at least one of the following:

(1)   All building permits have been issued by a local government before March 1, 1988.

(2)   There is a master plan, planned development, or planned unit development:

(a)   that has been approved in writing by a local government before March 1, 1988; or

(b)   where work has begun pursuant to approval as evidenced by the completion of the utility and infrastructure installation designed to service the real property that is subject to the setback line and included in the approved master plan, planned development, or planned unit development.

The completed utility and infrastructure installation must be pursuant to a site development plan for utility and infrastructure installation that has been approved by the municipality or local government, and the utility and infrastructure installation must have been completed as of March 1, 1988, pursuant to the plan.

However, any repairs performed on a habitable structure built pursuant to this section is subject to the guidelines for repairs as set forth in Section 48-39-290(A).

Nothing herein prohibits the construction of fishing piers or structures, which enhance beach access, seaward of the baseline if permitted by the council.

Section 48-39-310.   The destruction of any beach or dune vegetation seaward of the setback line is prohibited unless there is no feasible alternative. When there is destruction of vegetation permitted seaward of the setback line, mitigation for the destruction is required as part of the permit conditions.

Section 48-39-320. The council's responsibilities include the creation of a long-range and comprehensive beach management plan for the Atlantic Ocean shoreline in South Carolina. The plan must include all of the following:

(1)   development of the data base for the state's coastal areas to provide essential information necessary to make informed and scientifically based decisions concerning the maintenance or enhancement of the beach/dune system;

(2)   development of guidelines and their coordination with appropriate agencies and local governments for the accomplishment of:

  (a)   beach/dune restoration and nourishment, including the projected impact on coastal erosion rates, cost/benefit of the project, impact on floor flora and fauna, and funding alternatives;

(b)   development of a beach access program to preserve the existing public access and enhance public access to assure full enjoyment of the beach by all residents of this State;

(c)   maintenance of a dry sand and ecologically stable beach;

(d)   protection of all sand dunes seaward of the setback line;

(e)   protection of endangered species, threatened species, and important habitats, such as nesting grounds;

(f)   regulation of vehicular traffic upon the beaches and the beach/dune system which includes the prohibition of vehicles upon public beaches for nonessential uses;

(g)   development of a mitigation policy for construction allowed seaward of the setback line, which must include dedication of public access ways, nourishment, vegetation, and other appropriate means;

(3)   formulation of recommendations for funding programs which may achieve the goals set forth in the State Comprehensive Beach Management Plan;

(4)   development of a program on public education and awareness of the importance of the beach/dune system, the project to be coordinated with the South Carolina Educational Television Network and Department of Parks, Recreation and Tourism;

(5)   assistance to local governments in developing the local comprehensive beach management plans.

Section 48-39-330.   Thirty days after the initial adoption by the council of setback lines, any contract of sale and any deed with respect to transfers of real property located in whole or in part seaward of the setback line must contain a disclosure statement including the location of the property in proximity to the setback line, the baseline, the velocity zone, as defined by the federal emergency management agency, the seaward corners of all habitable structures referenced to the South Carolina State Plane Coordinate System (N. A. D. - 1983), and include the local erosion rate most recently made available by the council for that particular inlet erosion zone or standard erosion zone, as applicable. Any language reasonably calculated to call attention to the existence of baselines, setback lines, the velocity zone, and the erosion rate, or reference to a plat that shows the location of the lines and zones and includes the applicable erosion rate complies to comply with this section.

Section 48-39-340.   Any funding for local governments to provide for beach front management must be distributed in a fair and equitable manner. Consideration must be given to the size of the locality, the need for beach management in the area, the cost/benefits of expenditures in that area, and the best interest of the beach/dune system of the State as prioritized by the council.

Section 48-39-350.   (A)   The local governments shall prepare within two years of the effective date of Sections 48-39-270 through 48-39-360 in coordination with the council a local comprehensive beach management plan which must be submitted for approval to the council. The local comprehensive beach management plan, at a minimum, must contain all of the following:

(1)   an inventory of beach profile data and historic erosion rate data provided by the council for each standard erosion zone and inlet erosion zone under the local jurisdiction;

(2)   an inventory of public beach access and attendant parking along with a plan for enhancing public access and parking;

(3)   an inventory of all structures located in the area seaward of the setback line;

(4)   an inventory of turtle nesting and important habitats of the beach/dune system and a protection and restoration plan if necessary;

(5)   a conventional zoning and land use plan consistent with the purposes of this chapter for the area seaward of the setback line;

(6)   an analysis of beach erosion control alternatives, including renourishment for the beach under the local government's jurisdiction;

(7)   a drainage plan for the area seaward of the setback zone;

(8)   a post disaster plan including plans for cleanup, maintaining essential services, protecting public health, emergency building ordinances, and the establishment of priorities, all of which must be consistent with this chapter;

(9)   a detailed strategy for achieving the goals of this chapter by the end of the forty-year retreat period. Consideration must be given to relocating buildings, removal of erosion control structures, and relocation of utilities;

(10)   a detailed strategy for achieving the goals of preservation of existing public access and the enhancement of public access to assure full enjoyment of the beach by all residents of this State.

The plan must be updated at least every five years in coordination with the council following its approval. The local governments and the council shall work together and implement the plan within three years of the effective date of Sections 48-39-270 through 48-39-360.

(B)   Notwithstanding the provisions of Section 48-39-340, if a local government fails to act in a timely manner to establish and enforce a local coastal beach management plan, the council shall impose and implement the plan or the State Comprehensive Beach Management Plan for the local government. If a local government fails to establish and enforce a local coastal beach management plan, the government automatically loses its eligibility to receive any available state-generated or shared revenues designated for beach/dune system protection, preservation, restoration, or enhancement, except as directly applied by the council in its administrative capacities.

Section 48-39-360.   The provisions of this chapter do not apply to any areas which are at least one-half mile inland from the mouth of an inlet.

Section 48-39-270.   As used in this chapter:

(1)   Erosion control structures or devices include:

(a)   seawall:   a special type of retaining wall that is designed specifically to withstand normal wave forces;

(b)   bulkhead:   a retaining wall designed to retain fill material but not to withstand wave forces on an exposed shoreline;

(c)   revetment: a sloping structure built along an escarpment or in front of a bulkhead to protect the shoreline or bulkhead from erosion.

(2)   Habitable structure means a structure suitable for human habitation including, but not limited to, single or multifamily residences, hotels, condominium buildings, and buildings for commercial purposes. Each building of a condominium regime is considered a separate habitable structure, but if a building is divided into apartments, then the entire building, not the individual apartment, is considered a single habitable structure. Additionally, a habitable structure includes porches, gazebos, and other attached improvements.

(3)   Council means the South Carolina Coastal Council.

(4)   Beach nourishment means the artificial establishment and periodic renourishment of a beach with sand that is compatible with the existing beach in a way so as to create a dry sand beach at all stages of the tide.

(5)   The beach/dune system includes all land from the mean highwater mark of the Atlantic Ocean landward to the setback line described in Section 48-39-280.

(6)   A standard erosion zone is a segment of shoreline which is subject to essentially the same set of coastal processes, has a fairly constant range of profiles and sediment characteristics, and is not influenced directly by tidal inlets or associated inlet shoals.

(7)   An inlet erosion zone is a segment of shoreline along or adjacent to tidal inlets which is influenced directly by the inlet and its associated shoals.

(8)   Master plan means a document or a map prepared by a developer or a city as a policy guide to decisions about the physical development of the project or community.

(9)   Planned development means a development plan which has received local approval for a specified number of dwelling and other units. The siting and size of structures and amenities are specified or restricted within the approval. This term specifically references multifamily or commercial projects not otherwise referenced by the terms, master plan, or planned unit development.

(10)   Planned unit development means a residential, commercial, or industrial development, or all three, designed as a unit and approved by local government.

(11)   Destroyed beyond repair means that more than sixty-six and two-thirds percent of the replacement value of the habitable structure or pool has been destroyed. If the owner disagrees with the appraisal of the council, he may obtain an appraisal to evaluate the damage to the building or pool. If the appraisals differ, then the two appraisers must select a third appraiser. If the two appraisers are unable to select a third appraiser, the clerk of court of the county where the structure lies must make the selection. Nothing in this section prevents a court of competent jurisdiction from reviewing, de novo, the appraisal upon the petition of the property owner.

(12)   Pool is a structure designed and used for swimming and wading.

(13)   Active beach is that area seaward of the escarpment or the first line of stable natural vegetation, whichever first occurs, measured from the ocean.

Section 48-39-280.   (A)   A forty-year policy of retreat from the shoreline is established. The council must implement this policy and must utilize the best available scientific and historical data in the implementation. The council must establish a baseline which parallels the shoreline for each standard erosion zone and each inlet erosion zone.

(1)   The baseline for each standard erosion zone is established at the location of the crest of the primary oceanfront sand dune in that zone. In standard erosion zones in which the shoreline has been altered naturally or artificially by the construction of erosion control devices, groins, or other manmade alterations, the baseline must be established by the council using the best scientific and historical data, as where the crest of the primary oceanfront sand dunes for that zone would be located if the shoreline had not been altered.

(2)   The baseline for inlet erosion zones that are not stabilized by jetties, terminal groins, or other structures must be determined by the council as the most landward point of erosion at any time during the past forty years, unless the best available scientific and historical data of the inlet and adjacent beaches indicate that the shoreline is unlikely to return to its former position. In collecting and utilizing the best scientific and historical data available for the implementation of the retreat policy, the council, as part of the State Comprehensive Beach Management Plan provided for in this chapter, among other factors, must consider: historical inlet migration, inlet stability, channel and ebb tidal delta changes, the effects of sediment bypassing on shorelines adjacent to the inlets, and the effects of nearby beach restoration projects on inlet sediment budgets.

(3)   The baseline within inlet erosion zones that are stabilized by jetties, terminal groins, or other structures must be determined in the same manner as provided for in item (1). However, the actual location of the crest of the primary oceanfront sand dunes of that erosion zone is the baseline of that zone, not the location if the inlet had remained unstabilized.

(4)   Notwithstanding any other provision of this section, where a council-approved beach nourishment project has been completed, the local government or the landowners, with notice to the local government, may petition the council to move the baseline as far seaward as the landward edge of the erosion control structure or device or if there is no existing erosion control structure or device, then as far seaward as the post project baseline as determined by the council in accordance with Section 48-39-280(A)(1) by showing that the beach has been stabilized by council-approved beach nourishment.

If the petitioner is asking that the baseline be moved seaward pursuant to this section, he must show an ongoing commitment to renourishment which will stabilize and maintain the dry sand beach at all stages of the tide for the foreseeable future.

If the council grants the petition to move the baseline seaward pursuant to this section, no new construction may occur in the area between the former baseline and the new baseline for three years after the initial beach nourishment project has been completed as determined by the council.

If the beach nourishment fails to stabilize the beach after a reasonable period of time, the council must move the baseline landward to the primary oceanfront sand dune as determined pursuant to items (1), (2), and (3) for that section of the beach.

(B)   To implement the retreat policy provided for in subsection (A), a setback line must be established landward of the baseline a distance which is forty times the average annual erosion rate or not less than twenty feet from the baseline for each erosion zone based upon the best historical and scientific data adopted by the council as a part of the State Comprehensive Beach Management Plan.

(C)   The council, before July 3, 1991, must establish a final baseline and setback line for each erosion zone based on the best available scientific and historical data as provided in subsection (B) and with consideration of public input. The baseline and setback line must not be revised before July 1, 1998, nor later than July 1, 2000. After that revision, the baseline and setback line must be revised not less than every eight years, but not more than every ten years after each preceding revision. In the establishment and revision of the baseline and setback line, the council must transmit and otherwise make readily available to the public all information upon which its decisions are based for the establishment of the final baseline and setback line. The council must hold one public hearing before establishing the final baseline and setback lines. Until the council establishes new baselines and setback lines, the existing baselines and setback lines must be used. The council may stagger the revision of the baselines and setback lines of the erosion zones so long as every zone is revised in accordance with the time guidelines established in this section.

(D)   In order to locate the baseline and the setback line, the council must establish monumented and controlled survey points in each county fronting the Atlantic Ocean. The council must acquire sufficient surveyed topographic information on which to locate the baseline. Surveyed topographic data typically must be gathered at two thousand foot intervals. However, in areas subject to significant near term development and in areas currently developed, the interval, at the discretion of the council, may be more frequent. The resulting surveys must locate the crest of the primary oceanfront sand dunes to be used as the baseline for computing the forty-year erosion rate. In cases where no primary oceanfront sand dunes exist, a study conducted by the council is required to determine where the upland location of the crest of the primary oceanfront sand dune would be located if the shoreline had not been altered. The council, by regulation, may exempt specifically described portions of the coastline from the survey requirements of this section when, in its judgment, the portions of coastline are not subject to erosion or are not likely to be developed by virtue of local, state, or federal programs in effect on the coastline which would preclude significant development, or both.

(E)   A landowner claiming ownership of property affected who feels that the final or revised setback line, baseline, or erosion rate as adopted is in error, upon submittal of substantiating evidence, must be granted a review of the setback line, baseline, or erosion rate, or a review of all three. The requests must be forwarded to the appropriate committee of the council and handled in accordance with the council's regulations on appeals.

Section 48-39-290.   (A)   No new construction or reconstruction is allowed seaward of the baseline except as follows:

(1)   wooden walkways no larger in width than six feet;

(2)   small wooden decks no larger than one hundred forty-four square feet;

(3)   fishing piers which are open to the public. Those fishing piers with their associated structures including, but not limited to, baitshops, restrooms, restaurants, and arcades which existed September 21, 1989, may be rebuilt if they are constructed to the same dimensions and utilized for the same purposes and remain open to the public. In addition, those fishing piers with their associated structures which existed on September 21, 1989, that were privately owned, privately maintained, and not open to the public on this date also may be rebuilt and used for the same purposes if they are contructed to the same dimensions;

(4)   golf courses;

(5)   normal landscaping;

(6)   structures specifically permitted by special permit as provided in subsection (D);

(7)   pools may be reconstructed if they are landward of an existing, functional erosion control structure or device.

A permit must be obtained from the council for items (2) through (7).

(B)   Construction, reconstruction, or alterations between the baseline and the setback line are governed as follows:

(1)   Habitable structures:

(a)   New habitable structures: If part of a new habitable structure is constructed seaward of the setback line, the owner must certify in writing to the council that the construction meets the following requirements:

(i)   The habitable structure is no larger than five thousand square feet of heated space. The structure must be located as far landward on the property as practicable. A drawing must be submitted to the council showing a footprint of the structure on the property, a cross section of the structure, and the structure's relation to property lines and setback lines which may be in effect. No erosion control structure or device may be incorporated as an integral part of a habitable structure constructed pursuant to this section.

(ii)   No part of the building is being constructed on the primary oceanfront sand dune or seaward of the baseline.

(b)   Habitable structures which existed on the effective date of Act 634 of 1988 or constructed pursuant to this section:

(i)   Normal maintenance and repair of habitable structures is allowed without notice to the council.

(ii)   Additions to habitable structures are allowed if the additions together with the existing structure do not exceed five thousand square feet of heated space. Additions to habitable structures must comply with the conditions of new habitable structures as set forth in subitem (a).

(iii)   Repair or renovation of habitable structures damaged, but not destroyed beyond repair, due to natural or manmade causes is allowed.

(iv)   Replacement of habitable structures destroyed beyond repair due to natural causes is allowed after notification is provided by the owner to the council that all of the following requirements are met:

a.   The total square footage of the replaced structure seaward of the setback line does not exceed the total square footage of the original structure seaward of the setback line. The linear footage of the replaced structure parallel to the coast does not exceed the original linear footage parallel to the coast.

b.   The replaced structure is no farther seaward than the original structure.

c.   Where possible, the replaced structure is moved landward of the setback line or if not possible, then as far landward as is practicable, considering local zoning and parking regulations.

d.   The reconstruction is not seaward of the baseline unless permitted elsewhere in Sections 48-39-250 through 48-39-360.

(v)   Replacement of habitable structures destroyed beyond repair due to manmade causes is allowed provided the rebuilt structure is no larger than the original structure it replaces and is constructed as far landward as possible, but the new structure must not be farther seaward than the original structure.

(2)   Erosion control devices:

(a)   No new erosion control structures or devices are allowed seaward of the setback line except to protect a public highway which existed on the effective date of this act.

(b)   Erosion control structures or devices which existed on the effective date of this act must not be repaired or replaced if destroyed:

(i)   more than eighty percent above grade through June 30, 1995;

(ii)   more than sixty-six and two thirds percent above grade from July 1, 1995 through June 30, 2005;

(iii)   more than fifty percent above grade after June 30, 2005.

(iv)   Damage to seawalls and bulkheads must be judged on the percent of the structure remaining intact at the time of damage assessment. The portion of the structure or device above grade parallel to the shoreline must be evaluated. The length of the structure or device parallel to the shoreline still intact must be compared to the length of the structure or device parallel to the shoreline which has been destroyed. The length of the structure or device parallel to the shoreline determined to be destroyed divided by the total length of the original structure or device parallel to the shoreline yields the percent destroyed. Those portions of the structure or device standing, cracked or broken piles, whalers, and panels must be assessed on an individual basis to ascertain if these components are repairable or if replacement is required. Revetments must be judged on the extent of displacement of stone, effort required to return these stones to the prestorm event configuration of the structure or device, and ability of the revetment to retain backfill material at the time of damage assessment. If the property owner disagrees with the assessment of a registered professional engineer acting on behalf of the council, he may obtain an assessment by a registered professional engineer to evaluate, as set forth in this item, the damage to the structure or device. If the two assessments differ, then the two engineers who performed the assessments must select a registered professional engineer to perform the third assessment. If the first two engineers are unable to select an engineer to perform the third assessment, the clerk of court of the county where the structure or device lies must make the selection of a registered professional engineer. The determination of percentage of damage by the third engineer is conclusive.

(v)   The determination of the degree of destruction must be made on a lot by lot basis by reference to county tax maps.

(vi)   Erosion control structures or devices must not be enlarged, strengthened, or rebuilt but may be maintained in their present condition if not destroyed more than the percentage allowed in Section 48-39-290(B)(2)(b)(i),(ii), and (iii). Repairs must be made with materials similar to those of the structure or device being repaired.

(c)   Erosion control structures or devices determined to be destroyed more than the percentage allowed in Section 48-39-290(B)(2)(b)(i),(ii), and (iii) must be removed at the owner's expense. Nothing in this section requires the removal of an erosion control structure or a device protecting a public highway which existed on the effective date of Act 634 of 1988.

(d)   The provisions of this section do not affect or modify the provisions of Section 48-39-120(C).

(3)   Pools, as defined in Section 48-39-270(12):

(a) No new pools may be constructed seaward of the setback line unless the pool is built landward of an erosion control structure or device which was in existence or permitted on the effective date of this act and is built as far landward as practical.

(b)   Normal maintenance and repair is allowed without notice to the council.

(c)   If a pool, existing on July 1, 1988, is destroyed beyond repair, as determined by the council pursuant to Section 48-39-270(11), it may be replaced if the owner certifies in writing to the council that:

(i)   It is moved as far landward as practical. This determination of practicality must include the consideration of local zoning requirements.

(ii)   It is rebuilt no larger than the destroyed pool.

(iii)   It is constructed according to acceptable standards of pool construction and cannot be reinforced in a manner so as to act as an erosion control structure or device.

(d)   If a pool is not destroyed beyond repair as determined by the council pursuant to Section 48-39-270(11) but the owner wishes to replace it, the owner may do so if:

(i)   The dimensions of the pool are not enlarged.

(ii)   The construction conforms to sub-subitem (iii) of subitem (c).

(4)   All other construction or alteration between the baseline and the setback line requires a council permit. However, the council, in its discretion, may issue general permits for construction or alterations where issuance of the general permits would advance the implementation and accomplishment of the goals and purposes of Sections 48-39-250 through 48-39-360.

(C)   (1)   Notwithstanding the provisions relating to new construction, a person, partnership, or corporation owning real property that is affected by the setback line as established in Section 48-39-280 may proceed with construction pursuant to a valid building permit issued as of the effective date of this section. The person, partnership, or corporation may proceed with the construction of buildings and other elements of a master plan, planned development, or planned unit development notwithstanding the setback line established in this chapter if the person, partnership, or corporation legally has begun a use as evidenced by at least one of the following:

(a)   All building permits have been applied for or issued by a local government before July 1, 1988.

(b)   There is a master plan, planned development, or planned unit development:

(i)   that has been approved in writing by a local government before July 1, 1988; or

(ii)   where work has begun pursuant to approval as evidenced by the completion of the utility and infrastructure installation designed to service the real property that is subject to the setback line and included in the approved master plan, planned development, or planned unit development.

(2)   However, repairs performed on a habitable structure built pursuant to this section are subject to the guidelines for repairs as set forth in this section.

(3)   Nothing in this section prohibits the construction of fishing piers or structures which enhance beach access seaward of the baseline, if permitted by the council.

(D)   Special permits:

(1)   If an applicant requests a permit to build or rebuild a structure other than an erosion control structure or device seaward of the baseline that is not allowed otherwise pursuant to Sections 48-39-250 through 48-39-360, the council may issue a special permit to the applicant authorizing the construction or reconstruction if the structure is not constructed or reconstructed on a primary oceanfront sand dune or on the active beach, and if the beach erodes to the extent the permitted structure becomes situated on the active beach, the permittee agrees to remove the structure from the active beach if the council orders the removal. However, the use of the property authorized under this provision, in the determination of the council, must not be detrimental to the public health, safety, or welfare.

(2)   The council's Permitting Committee is the committee to consider applications for special permits.

(3)   In granting a special permit, the committee may impose reasonable additional conditions and safeguards as in its judgment, will fulfill the purposes of Sections 48-39-250 through 48-39-360.

(4)   A party aggrieved by the committee's decision to grant or deny a special permit application, may appeal to the full council pursuant to Section 48-39-150(D).

(E) The provisions of this section and Section 48-39-280 do not apply to an area in which the erosion of the beaches located in its jurisdiction is attributed to a federally authorized navigation project as documented by the findings of a Section 111 Study conducted under the authority of the federal Rivers and Harbors Act of 1968, as amended by the federal Water Resources Development Act of 1986, and approved by the United States Army Corps of Engineers. Nothing contained in this subsection makes this area ineligible for beach renourishment funds.

The baseline determined by the local governing body and the council is the line of erosion control devices and structures and the council retains its jurisdiction seaward of the baseline. In addition, upon completion of a council approved beach renourishment project, including the completion of a sand transfer system if necessary for long-term stabilization, an area under a Section 111 Study becomes subject to all the provisions of this chapter.

For the purposes of this section, a beach nourishment project stabilizing the beach exists if a successful restoration project is completed consisting of at least one hundred fifty cubic yards a foot over a length of five and one-half miles, with a project design capable of withstanding a one in ten-year storm, as determined by council, and renourishment is conducted annually at a rate, agreed upon by the council and local governing body, equivalent to that which would occur naturally if the navigation project causing the erosion did not exist. If the two parties cannot agree then the council must obtain the opinion of an independent third party.

Any habitable structure located in an area in which the erosion of the beaches located in its jurisdiction is attributed to a federally authorized navigation project as documented by the findings of a Section 111 Study, which was in existence on September 21, 1989, and was over forty years old on that date and is designated by the local governing body as an historical landmark may be rebuilt seaward of the baseline if it is rebuilt to the exact specifications, dimensions, and exterior appearance of the structure as it existed on that date.

Section 48-39-300.   A local governing body, if it notifies the council before July 1, 1990, may exempt from the provisions of Section 48-39-290, relating to reconstruction and removal of erosion control devices, the shorelines fronting the Atlantic Ocean under its jurisdiction where coastal erosion has been shown to be attributed to a federally authorized navigation project as documented by the findings of a Section 111 Study conducted under the authority of the Rivers and Harbors Act of 1968, as amended by the Water Resources Development Act of 1986 and approved by the United States Army Corps of Engineers. Erosion control devices exempt under this section must not be constructed seaward of their existing location, increased in dimension, or rebuilt out of materials different from that of the original structure.

Section 48-39-305.   (A)   A person having a recorded interest or interest by operation of law in or having registered claim to land seaward of the baseline or setback line which is affected by the prohibition of construction or reconstruction may petition the circuit court to determine whether the petitioner is the owner of the land or has an interest in it. If he is adjudged the owner of the land or to have an interest in it, the court shall determine whether the prohibition so restricts the use of the property as to deprive the owner of the practical uses of it and is an unreasonable exercise of police power and constitutes a taking without compensation. The burden of proof is on the petitioner as to ownership, and the burden of proof is on the State to prove that the prohibition is not an unreasonable exercise of police power.

(B)   The method provided in this section for the determination of the issue of whether the prohibition constitutes a taking without compensation is the exclusive judicial determination of the issue, and it must not be determined in another judicial proceeding. The court shall enter a judgment in accordance with the issues. If the judgment is in favor of the petitioner, the order must require the State either to issue the necessary permits for construction or reconstruction of a structure, order that the prohibition does not apply to the property, or provide reasonable compensation for the loss of the use of the land or the payment of costs and reasonable attorney's fees, or both. Either party may appeal the court's decision.

Section 48-39-310.   The destruction of beach or dune vegetation seaward of the setback line is prohibited unless there is no feasible alternative. When there is destruction of vegetation permitted seaward of the setback line, mitigation, in the form of planting of new vegetation where possible, for the destruction is required as part of the permit conditions.

Section 48-39-320.   (A)   The council's responsibilities include the creation of a long-range and comprehensive beach management plan for the Atlantic Ocean shoreline in South Carolina. The plan must include all of the following:

(1)   development of the data base for the state's coastal areas to provide essential information necessary to make informed and scientifically based decisions concerning the maintenance or enhancement of the beach/dune system;

(2)   development of guidelines and their coordination with appropriate agencies and local governments for the accomplishment of:

(a)   beach/dune restoration and nourishment, including the projected impact on coastal erosion rates, cost/benefit of the project, impact on flora and fauna, and funding alternatives;

(b)   development of a beach access program to preserve the existing public access and enhance public access to assure full enjoyment of the beach by all residents of this State;

(c)   maintenance of a dry sand and ecologically stable beach;

(d)   protection of all sand dunes seaward of the setback line;

(e)   protection of endangered species, threatened species, and important habitats such as nesting grounds;

(f)   regulation of vehicular traffic upon the beaches and the beach/dune system which includes the prohibition of vehicles upon public beaches for nonessential uses;

(g)   development of a mitigation policy for construction allowed seaward of the setback line, which must include public access ways, nourishment, vegetation, and other appropriate means;

(3)   formulation of recommendations for funding programs which may achieve the goals set forth in the State Comprehensive Beach Management Plan;

(4)   development of a program on public education and awareness of the importance of the beach/dune system, the project to be coordinated with the South Carolina Educational Television Network and Department of Parks, Recreation and Tourism;

(5)   assistance to local governments in developing the local comprehensive beach management plans.

(B)   The plan provided for in this section is to be used for planning purposes only and must not be used by the council to exercise regulatory authority not otherwise granted in this chapter, unless the plan is created and adopted pursuant to Chapter 23 of Title 1.

Section 48-39-330.   Thirty days after the initial adoption by the council of setback lines, a contract of sale or transfer of real property located in whole or in part seaward of the setback line or the jurisdictional line must contain a disclosure statement that the property is or may be affected by the setback line, baseline, and the seaward corners of all habitable structures referenced to the South Carolina State Plane Coordinate System (N.A.D.-1983) and include the local erosion rate most recently made available by the council for that particular standard zone or inlet zone as applicable. Language reasonably calculated to call attention to the existence of baselines, setback lines, jurisdiction lines, and the seaward corners of all habitable structures and the erosion rate complies with this section.

The provisions of this section are regulatory in nature and do not effect the legality of an instrument violating the provisions.

Section 48-39-340.   Funding for local governments to provide for beachfront management must be distributed in a fair and equitable manner. Consideration must be given to the size of the locality, the need for beach management in the area, the cost/benefits of expenditures in that area, and the best interest of the beach/dune system of the State as established by priority by the council.

Section 48-39-350.   (A)   The local governments must prepare by July 1, 1991, in coordination with the council, a local comprehensive beach management plan which must be submitted for approval to the council. The local comprehensive beach management plan, at a minimum, must contain all of the following:

(1)   an inventory of beach profile data and historic erosion rate data provided by the council for each standard erosion zone and inlet erosion zone under the local jurisdiction;

(2)   an inventory of public beach access and attendant parking along with a plan for enhancing public access and parking;

(3)   an inventory of all structures located in the area seaward of the setback line;

(4)   an inventory of turtle nesting and important habitats of the beach/dune system and a protection and restoration plan if necessary;

(5)   a conventional zoning and land use plan consistent with the purposes of this chapter for the area seaward of the setback line;

(6)   an analysis of beach erosion control alternatives, including renourishment for the beach under the local government's jurisdiction;

(7)   a drainage plan for the area seaward of the setback zone;

(8)   a post disaster plan including plans for cleanup, maintaining essential services, protecting public health, emergency building ordinances, and the establishment of priorities, all of which must be consistent with this chapter;

(9)   a detailed strategy for achieving the goals of this chapter by the end of the forty-year retreat period. Consideration must be given to relocating buildings, removal of erosion control structures, and relocation of utilities;

(10)   a detailed strategy for achieving the goals of preservation of existing public access and the enhancement of public access to assure full enjoyment of the beach by all residents of this State.

The plan must be updated at least every five years in coordination with the council following its approval. The local governments and the council must implement the plan by July 1, 1992.

(B)   Notwithstanding the provisions of Section 48-39-340, if a local government fails to act in a timely manner to establish and enforce a local coastal beach management plan, the council must impose and implement the plan or the State Comprehensive Beach Management Plan for the local government. If a local government fails to establish and enforce a local coastal beach management plan, the government automatically loses its eligibility to receive available state-generated or shared revenues designated for beach/dune system protection, preservation, restoration, or enhancement, except as directly applied by the council in its administrative capacities.

Section 48-39-355.   A permit is not required for an activity specifically authorized in this chapter. However, the council may require documentation before the activity begins from a person wishing to undertake an authorized construction or reconstruction activity. The documentation must provide that the construction or reconstruction is in compliance with the terms of the exemptions or exceptions provided in Sections 48-39-280 through 48-39-360.

Section 48-39-360. The provisions of Sections 48-39-250 through 48-39-355 do not apply to an area which is at least one-half mile inland from the mouth of an inlet."

SECTION   4.   Sections 1 and 2 of Act 634 of 1988 are repealed.

SECTION   5.   The General Assembly hereby recognizes the need for maintaining navigation inlets to promote commercial and recreational uses of our coastal waters and their resources. The General Assembly further recognizes that inlets alter the natural drift of beach-quality sand resources, which often results in these sand resources being deposited around shallow outer-bar areas instead of providing natural nourishment to the downdrift beaches. Therefore, it is the intent of the General Assembly that:

(1)   All construction and maintenance dredgings of beach-quality sand be placed on the downdrift beaches; or, if placed elsewhere, an equivalent quality and quantity of sand from an alternate location be placed on the downdrift beaches at no cost to the State and at a location acceptable to the South Carolina Coastal Council.

(2)   On an average annual basis, a quantity of sand be placed on the downdrift beaches equal to the natural net annual longshore sediment transport, at no cost to the State. The placement location and quantities based on natural net annual longshore transport be established by the Council, and the sand quality be acceptable to the Council.

(3)   The Council may promulgate regulations necessary to implement the provisions of this section."

SECTION 6. Section 48-39-40. Section 48-39-40 of the 1976 Code is amended to read:

"Section 48-39-40. (A) There is here created the South Carolina Coastal Council which shall consist consists of eighteen members as follows: eight members, one from each coastal zone county, to be appointed elected by the local county governing body a majority vote of the members of the House of Representatives and a majority vote of the Senate members representing the county from three nominees submitted by the governing body of each coastal zone county, each House or Senate member to have one vote; six members, one from each of the congressional districts of the State, to be elected by a majority vote of the members of the House of Representatives and the Senate representing the counties in such that district, each such House or Senate member to have one vote; and the following legislative members who shall serve ex officio: two state senators, one to be appointed by the President of the Senate and one to be elected by the Senate Fish, Game and Forestry Committee; and two members of the House of Representatives to be appointed by the Speaker of the House. The council shall elect a chairman, vice-chairman and such other officers as it deems considers necessary.

(B) Terms of legislative members shall be are coterminous with their terms as members of the General Assembly. Terms of all nonlegislative members shall be are for four years and until successors are appointed and qualify, except that of those initially appointed three of the members appointed by county governing bodies and two. Members from congressional districts shall serve terms of two years only as determined by lot at the first meeting of the council. Vacancies shall must be filled in the original manner of selection for the remainder of the unexpired term."

SECTION 7. The current nonlegislative members of the South Carolina Coastal Council representing the eight coastal zone counties serve until their present terms of office expire at which time their successors elected in the manner provided in Section 48-39-40 of the 1976 Code, as amended by this act, take office.

SECTION 8.   Except as otherwise specifically provided in this act, the provisions of this act shall be applied only prospectively and shall not affect any legal action commenced or any cause of action accruing as a result of an event or events which occurred before the effective date of this act. Any such action must be governed by the provisions of Sections 48-30-10 through 48-39-360, as amended by Act 634 of 1988, and in existence before the effective date of this act.

SECTION   9.   This act takes effect upon approval by the Governor./

Amend title to conform.

Senator Glenn F. McConnell        Rep. C. Lenoir Sturkie
Senator J.M. Long, Jr.            Rep. L. Edward Bennett
Senator John C. Hayes, III        Rep. Robert A. Barber
On Part of the Senate                               On Part of the House.

, and a message was sent to the House accordingly.

The following Bill was read the third time and having received three readings in both Houses, it was ordered that the title thereof be changed to that of an Act and same enrolled for Ratification:

H. 4980 -- Reps. Moss and L. Martin: A BILL TO AMEND SECTION 38-73-495, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY OF THE CHIEF INSURANCE COMMISSIONER TO DISAPPROVE A PREVIOUSLY APPROVED RATE FOR A CLASSIFICATION OF WORKERS' COMPENSATION INSURANCE AND OTHER MATTERS RELATING TO WORKERS' COMPENSATION, SO AS TO AUTHORIZE THE COMMISSIONER TO DISAPPROVE AN EXPERIENCE MODIFICATION RATE UPON A FINDING THAT IT IS EXCESSIVE, INADEQUATE, OR UNFAIRLY DISCRIMINATORY.

(By prior motion of Senator LAND, with unanimous consent)

At 2:35 P.M., on motion of Senator WILLIAMS, the Senate receded from business until 3:45 P.M.

At 3:59 P.M., the Senate resumed.

Senator LOURIE introduced Dr. Beverly Simons of Eastover, Doctor of the Day.

In commemoration of continuous service with the State of South Carolina, Senator WILLIAMS, President Pro Tempore of the Senate, presented certificates and awarded service pins to the following Senators for their respective years of service:
Senator Edward E. Saleeby   40 years
Senator Isadore E. Lourie   30 years
Senator John C. Hayes, III   10 years
Senator Hugh K. Leatherman   10 years
Senator Alexander S. Macaulay   10 years
Senator Glenn F. McConnell   10 years
Senator Harvey S. Peeler, Jr.   10 years

Senator WILLIAMS presented certificates and awarded service pins to the following Senate staff commemorating their respective years of state service:
Chaplain George Meetze   40 years
Ernest Surginer   40 years

All were highly commended for their devoted and loyal service.

Senator McLEOD rose to a Point of Personal Privilege.

Senator LOURIE rose to a Point of Personal Privilege.

The following were introduced:

S. 1659 -- Senators Williams, Waddell, Lindsay, Martin, Drummond, Horace C. Smith, Holland, Lourie, Saleeby, J. Verne Smith, Land, Setzler, Leatherman, Leventis, Macaulay, McConnell, Moore, Peeler, Shealy, Nell W. Smith, Bryan, Courson, Fielding, Giese, Hayes, Hinson, Lee, Long, Matthews, Mitchell, Pope, Thomas, Wilson, Patterson, Stilwell, Martschink, Russell, Gilbert, Helmly, Hinds, McGill, Mullinax, O'Dell, Passailaigue and Rose: A SENATE RESOLUTION EXPRESSING THE APPRECIATION OF THE MEMBERS OF THE SENATE TO THEIR DEAR FRIEND AND RESPECTED COLLEAGUE, SENATOR PEDEN B. MCLEOD, FOR HIS DEDICATED AND DISTINGUISHED SERVICE AS CHAIRMAN OF THE SENATE MEDICAL AFFAIRS COMMITTEE AND TO WISH HIM HAPPINESS AND SUCCESS IN ALL HIS FUTURE ENDEAVORS.

Whereas, the members of the Senate note with with deep regret the resignation of their esteemed friend and colleague, Senator Peden B. McLeod of Colleton County, Chairman of the Senate Medical Affairs Committee; and

Whereas, Senator McLeod also serves on the Senate Education Committee, the Senate Finance Committee, the Senate Fish, Game and Forestry Committee, the Senate General Committee, and the Senate Invitations Committee, and began his legislative service in the House of Representatives in 1973 and has served in the Senate continuously since 1979; and

Whereas, Senator McLeod has been committed to the welfare of all South Carolinians, to fiscal integrity in state government, and to a quiet but compelling leadership that worked to improve the legislative process; and

Whereas, in his conscientious and faithful service as a member of the House of Representatives and as a member of the Senate, he has ungrudgingly sacrificed much of his personal life for the benefit of the State; and

Whereas, he has been a genuine leader in the General Assembly, and is a man who commands the respect and admiration of all who know him; and

Whereas, it is with deep regret that we witness our friend and colleague give up a chairmanship to which he has brought such distinction; and

Whereas, it is appropriate to express appreciation and to honor a man who has contributed so much to this State; and

Whereas, the members of the Senate wish to congratulate Senator Peden McLeod on his recent appointment as Director of Legislative Council and Code Commissioner and to express their desire for many future years of close association. Now, therefore,

Be it resolved by the Senate:

That the members of the Senate express appreciation to their dear friend and respected colleague, Senator Peden McLeod, for his dedicated and distinguished service to the citizens of South Carolina as a Senator and as Chairman of the Senate Medical Affairs Committee.

Be it further resolved that a copy of this resolution be forwarded to The Honorable Peden B. McLeod.

On motion of Senator WILLIAMS, with unanimous consent, the Senate Resolution was adopted.

S. 1660 -- Senators Matthews, Williams, Bryan, Courson, Drummond, Fielding, Giese, Gilbert, Hayes, Helmly, Hinds, Hinson, Holland, Land, Leatherman, Lee, Leventis, Lindsay, Long, Lourie, Macaulay, Martin, Martschink, McConnell, McGill, McLeod, Mitchell, Moore, Mullinax, O'Dell, Passailaigue, Patterson, Peeler, Pope, Rose, Russell, Saleeby, Setzler, Shealy, Horace C. Smith, J. Verne Smith, Nell W. Smith, Stilwell, Thomas, Waddell and Wilson: A SENATE RESOLUTION TO CONGRATULATE COMMANDER FRANK L. COLBERTSON, JR., UNITED STATES NAVY NASA ASTRONAUT OF HOLLY HILL, SOUTH CAROLINA, ON HIS FLIGHT INTO SPACE AS A MEMBER OF THE CREW OF THE SPACE SHUTTLE ATLANTIS ON JULY 14, 1990.

On motion of Senator MATTHEWS, with unanimous consent, the Senate Resolution was adopted.

S. 1661 -- Senator Nell W. Smith: A SENATE RESOLUTION TO CONGRATULATE STANLEY MORGAN OF EASLEY FOR HIS ACCOMPLISHMENTS AND ON HIS INDUCTION INTO THE EASLEY SPORTS HALL OF FAME.

On motion of Senator NELL W. SMITH, with unanimous consent, the Senate Resolution was adopted.

Senator LINDSAY, from the Committee on Banking and Insurance, submitted a favorable report on:

Appointment, Member, Insurance Commission with term to expire June 30, 1996:

2nd Congressional District:

Mr. Frank B. Washington, 2225 Lorick Avenue, Columbia, S.C. 29203 VICE Stonewall Richburg

Senator McLEOD, from the Committee on Medical Affairs, submitted a favorable report on:

Appointment, Member, State Agency on Vocational Rehabilitation with term to expire March 15, 1995:

6th Congressional District;

Mr. H. Allen Morris, Jr., 117 Merrimar Drive, Moncks Corner, S.C. 29461 VICE Thomas James Bell

Senator McLEOD, from the Committee on Medical Affairs, submitted a favorable report on:

Appointment, Member, State Board of Medical Examiners, At-Large, with term to expire January 1, 1995:

Ms. Betty Christensen, 3 Ivy Circle, Aiken, S.C. 29801 VICE Mrs. Ester Tecklenberg

Senator J. VERNE SMITH, from the Committee on Labor, Commerce and Industry, submitted a favorable report on:

Appointment, Member, Permanent Advisory Council of the State Development Board, with term to expire July 1, 1994:

Jasper/Beaufort:

Mr. Sumner Pingree, P.O. Box 30, Sheldon, S.C. 29941 VICE Nada Williams

Senator LOURIE, from the Committee on Transportation, submitted a favorable report on:

Appointment, Member, South Carolina Public Railways Commission, with term to expire November 1, 1995:

Ms. Charlene Hartenstine Winkler, 1351-C Turkey Ridge Road, Surfside Beach, S.C. 29575 VICE James F. McLeod

Senator DRUMMOND, from the Committee on Fish, Game and Forestry, submitted a favorable report on:

Appointment, Member, Parks, Recreation and Tourism Commission, with term to expire June 27, 1996:

6th Congressional District:

Edward L. Young, P.O. Box 3806, Florence, S.C. 29502 VICE Elvin D. Tirrell

Senator DRUMMOND, from the Committee on Fish, Game and Forestry, submitted a favorable report on:

Appointment, Member, Wildlife and Marine Resources Commission, with term to expire July 1, 1993:

4th Congressional District:

Dr. George Graham, 225 East Wood Street, Spartanburg, S.C. 29303 VICE James Thomason

Senator HORACE C. SMITH, from the Committee on Corrections and Penology, submitted a favorable report on:

Appointment, Member, South Carolina Board of Youth Services, with term to expire September 30, 1995:

2nd Congressional District:

Mr. J.P. Neal, 4000 Pine Cone Drive, Columbia, S.C. 29204 VICE Ms. Gloria Leevy

Senator J. VERN SMITH, from the Committee on Labor, Commerce and Industry, submitted a favorable report on:

Appointment, Member, Residential Home Builders Commission, with term to expire June 30, 1993:

2nd Congressional District:

Mr. M. Stewart Mungo, 4400 St. Andrews Road, Columbia, S.C. 29210 VICE Robert E. Rogers

Senator LOURIE, from the Committee on Transportation, submitted a favorable report on:

Appointment, Member, South Carolina Public Railways Commission, with term to expire October 1, 1994:

Mr. Edgar Buck, 16 Country Club Drive, Charleston, S.C. 29412 VICE Fred Fanning

Senator McLEOD, from the Committee on Medical Affairs, submitted a favorable report on:

Appointment, Member, South Carolina, Foster Care Review Board, with term to expire June 30, 1990:

At-Large:

James Curtis Harkness, P.O. Box 6071 - Lander College, Greenwood, S.C. 29646 VICE Christine Jackson

Senator McLEOD, from the Committee on Medical Affairs, submitted a favorable report on:

Appointment, Member, Mental Health Commission, with term to expire March 21, 1994:

At-Large:

Fred H. Gantt, CPA, P.O. Box 627, Columbia, S.C. 29202 VICE Ernest Harrill

Senator McLEOD, from the Committee on Medical Affairs, submitted a favorable report on:

Reappointment, Member, Hearing Aid Dealers and Fitters Commission Number 5, with term to expire November 1, 1993:

Dr. J. Capers Hiott, 976 Club Lane, Sumter, S.C. 29150

Columbia, S.C., June 19, 1990

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R694, S. 1620 by a vote of 1 to 0:
(R694) S. 1620 -- Senator Pope: AN ACT TO AMEND ACT 295 OF 1989, RELATING TO THE REPEAL OF THE PROVISIONS OF LAW WHICH ESTABLISHED THE NEWBERRY COUNTY PARK COMMISSION, SO AS TO PROVIDE THAT THE POWERS, DUTIES, AND FUNCTIONS OF THIS COMMISSION AS OF THE TIME OF ITS REPEAL ARE DEVOLVED UPON THE GOVERNING BODY OF NEWBERRY COUNTY, AND THE ASSETS AND LIABILITIES OF THE COMMISSION ARE TRANSFERRED TO THE GOVERNING BODY OF NEWBERRY COUNTY.
Very respectfully,
Speaker of the House

Received as information.

Columbia, S.C., June 19, 1990

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has adopted the report of the Committee of Conference on the following Bill:
H. 4678 -- Reps. Gregory, Kirsh, Short, Fair, J. Brown, Wilkins, McLellan and Klapman: A BILL TO AMEND SECTION 1-20-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TERMINATION OF STATE AGENCIES UNLESS REAUTHORIZED, SO AS TO PROVIDE A SCHEDULE OF TERMINATION DATES THROUGH 1995.
Very respectfully,
Speaker of the House

Received as information.

Columbia, S.C., June 19, 1990

Mr. President and Senators:

The House respectfully informs your Honorable Body that 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:
H. 4678 -- Reps. Gregory, Kirsh, Short, Fair, J. Brown, Wilkins, McLellan and Klapman: A BILL TO AMEND SECTION 1-20-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TERMINATION OF STATE AGENCIES UNLESS REAUTHORIZED, SO AS TO PROVIDE A SCHEDULE OF TERMINATION DATES THROUGH 1995.
Very respectfully,
Speaker of the House

Received as information.

S. 1451 -- Senators Drummond, Long, Lee, Bryan, Hinds and O'Dell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 13 TO CHAPTER 13, TITLE 24 SO AS TO PROVIDE FOR A SHOCK INCARCERATION PROGRAM THROUGH THE DEPARTMENT OF CORRECTIONS AND TO REPEAL SECTION 24-21-475 RELATING TO THE SHOCK PROBATION PROGRAM.

The House returned the Bill with amendments.

On motion of Senator DRUMMOND, the Senate agreed to the amendments made by the House of Representatives and a message was sent to the House accordingly. Ordered that the title be changed to that of an Act and the Act enrolled for Ratification.

H. 4678 -- Reps. Gregory, Kirsh, Short, Fair, J. Brown, Wilkins, McLellan and Klapman: A BILL TO AMEND SECTION 1-20-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TERMINATION OF STATE AGENCIES UNLESS REAUTHORIZED, SO AS TO PROVIDE A SCHEDULE OF TERMINATION DATES THROUGH 1995.

On motion of Senator HOLLAND, with unanimous consent, the Report of the Committee of Conference was taken up for immediate consideration.

On motion of Senator HOLLAND the Report was adopted (Doc. No. 5334P, G2) as follows:

The General Assembly, Columbia, S.C., June 19, 1990

The COMMITTEE OF CONFERENCE, to whom was referred:
H. 4678 -- Reps. Gregory, Kirsh, Short, Fair, J. Brown, Wilkins, McLellan and Klapman: A BILL TO AMEND SECTION 1-20-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TERMINATION OF STATE AGENCIES UNLESS REAUTHORIZED, SO AS TO PROVIDE A SCHEDULE OF TERMINATION DATES THROUGH 1995.
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:
/SECTION   1.   Section 1-20-50 of the 1976 Code, as last amended by Act 35 of 1989, is further amended to read:

"Section 1-20-50.   The programs, functions, and regulations promulgated by the following state agencies must be terminated as provided in this chapter pursuant to the following schedule.

(A)   JUNE 30, 1986, is the termination date for:

(1)   Insurance Commission

(2)   Board of Barber Examiners

(3)   Board of Cosmetic Art Examiners

(4)   Board of Accountancy

(5)   Board of Examiners for Nursing Home Administrators

(B)   JUNE 30, 1987, is the termination date for:

(1) Board of Pharmacy

(2) Board of Medical Examiners

(3) Board of Dentistry

(4) Board of Veterinary Medical Examiners

(5) Board of Nursing

(6) Board of Chiropractic Examiners

(C) JUNE 30, 1988, is the termination date for:

(1) Board of Podiatry Examiners

(2) Board of Examiners in Optometry

(3) Board of Examiners in Opticanry

(4) Board of Physical Therapy Examiners

(5) Board of Examiners in Psychology

(6) Board of Examiners in Speech Pathology and Audiology

(7) Board of Occupational Therapy

(D) JUNE 30, 1989, is the termination date for:

(1) Manufactured Housing Board

(2) Real Estate Commission

(3) Residential Home Builders Commission

(4) Licensing Board for Contractors

(5) Board of Registration for Professional Engineers and Land Surveyors

(6) Board of Certification of Environmental Systems Operators

(7) Public Service Commission

(E)JUNE 30, 1990, is the termination date for:

(1)   Board of Funeral Services

(2)   State Board of Examiners for Registered Environmental Sanitarians

(3)   State Board of Social Work Examiners

(4)   Dairy Board

(5)   State Cemetery Board

(6)(5)   Board for Barrier-Free Design

(7)(6)   Board of Landscape Architectural Examiners

(8)(7)   Board of Architectural Examiners

(9)(8)   Athletic Trainers' Advisory Committee

(F)(B)   JUNE 30, 1991, is the termination date for:

(1)   Commissioners of Pilotage for the Port of Charleston

(2)   Polygraph Examiners

(3)   Private Detective and Private Security Agencies

(4)   Board of Registration for Foresters

(5)   South Carolina Coordinating Council for Economic Development

(6)   State Board of Examiners for Professional Counselors, Associate Counselors, and Marital and Family Therapists

(7)   The South Carolina Auctioneer's Commission

(8)   The Commission of Hearing Aid Dealers and Fitters.

(C)   JUNE 30, 1992, is the termination date for:

(1)   Insurance Commission

(2)   Board of Barber Examiners

(3)   Board of Cosmetology

(4)   Board of Accountancy

(5)   Board of Examiners for Nursing Home Administrators

(6)   Respiratory Care Committee

(7)   Certification of Operators of Sources of Ionizing Radiation (Radiological Technicians)

(8)   Board of Registration for Geologists

(D)   JUNE 30, 1993, is the termination date for:

(1)   Board of Pharmacy

(2)   Board of Medical Examiners

(3)   Board of Veterinary Medical Examiners

(4)   Board of Nursing

(5)   Board of Chiropractic Examiners

(E) JUNE 30, 1994, is the termination date for:

(1)   Board of Podiatry Examiners

(2)   Board of Examiners in Optometry

(3)   Board of Examiners in Opticianry

(4)   Board of Physical Therapy Examiners

(5)   Board of Examiners in Psychology

(6)   Board of Examiners in Speech Pathology and Audiology

(7)   Board of Occupational Therapy

(8)   Board of Dentistry

(F)   JUNE 30, 1995, is the termination date for:

(1)   Manufactured Housing Board

(2)   Real Estate Commission

(3)   Residential Home Builders Commission

(4)   Licensing Board for Contractors

(5)   Board of Registration for Professional Engineers and Land Surveyors

(6)   Board of Certification of Environmental Systems Operators

(7)   Public Service Commission."

SECTION   2.   This act takes effect upon approval by the Governor./

Amend title to conform.

/s/Donald H. Holland              /s/Jarvis R. Klapman
/s/Glenn F. McConnell             /s/Herbert Kirsh
John W. Matthews, Jr.             Jackson V. Gregory
On Part of the Senate.              On Part of the House.

, and a message was sent to the House accordingly.

H. 4691 -- Reps. McAbee and Carnell: A BILL TO AMEND SECTION 34-11-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JURISDICTION OF AND PENALTIES FOR FRAUDULENT CHECK CASES, SO AS TO REQUIRE THE STATE LAW ENFORCEMENT DIVISION TO KEEP A NONPUBLIC RECORD OF A FIRST OFFENSE VIOLATION WHICH IS EXPUNGED TO ENSURE THAT NO PERSON TAKES ADVANTAGE OF THE RIGHT OF EXPUNGEMENT PERMITTED BY THIS SECTION MORE THAN ONCE.

On motion of Senator DRUMMOND, with unanimous consent, the vote whereby the Conference Report was adopted was reconsidered.

On motion of Senator DRUMMOND, with unanimous consent, the Report was recommitted to the Committee of Conference.

Columbia, S.C., June 19, 1990

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has adopted the report of the Committee of Conference on the following Bill and has ordered the Bill enrolled for Ratification:
H. 4691 -- Reps. McAbee and Carnell: A BILL TO AMEND SECTION 34-11-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JURISDICTION OF AND PENALTIES FOR FRAUDULENT CHECK CASES, SO AS TO REQUIRE THE STATE LAW ENFORCEMENT DIVISION TO KEEP A NONPUBLIC RECORD OF A FIRST OFFENSE VIOLATION WHICH IS EXPUNGED TO ENSURE THAT NO PERSON TAKES ADVANTAGE OF THE RIGHT OF EXPUNGEMENT PERMITTED BY THIS SECTION MORE THAN ONCE.
Very respectfully,
Speaker of the House

H. 4691 -- Reps. McAbee and Carnell: A BILL TO AMEND SECTION 34-11-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JURISDICTION OF AND PENALTIES FOR FRAUDULENT CHECK CASES, SO AS TO REQUIRE THE STATE LAW ENFORCEMENT DIVISION TO KEEP A NONPUBLIC RECORD OF A FIRST OFFENSE VIOLATION WHICH IS EXPUNGED TO ENSURE THAT NO PERSON TAKES ADVANTAGE OF THE RIGHT OF EXPUNGEMENT PERMITTED BY THIS SECTION MORE THAN ONCE.

On motion of Senator DRUMMOND, with unanimous consent, the Report of the Committee of Conference was taken up for immediate consideration.

On motion of Senator DRUMMOND, the Report was adopted (Doc. No. 3833J, G2) as follows:

The General Assembly, Columbia, S.C., June 19, 1990

The COMMITTEE OF CONFERENCE, to whom was referred:
H. 4691 -- Reps. McAbee and Carnell: A BILL TO AMEND SECTION 34-11-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JURISDICTION OF AND PENALTIES FOR FRAUDULENT CHECK CASES, SO AS TO REQUIRE THE STATE LAW ENFORCEMENT DIVISION TO KEEP A NONPUBLIC RECORD OF A FIRST OFFENSE VIOLATION WHICH IS EXPUNGED TO INSURE THAT NO PERSON TAKES ADVANTAGE OF THE RIGHT OF EXPUNGEMENT PERMITTED BY THIS SECTION MORE THAN ONCE.
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:

/SECTION   1.   Section 34-11-90(e) of the 1976 Code is amended to read:

"(e)   After a conviction under this section on a first offense, the defendant may, after one year from the date of the conviction, apply, or cause someone acting on his behalf, to apply to the court for an order expunging the records of the arrest and conviction. This provision shall does not apply to any crime classified as a felony. If the defendant has had no other conviction during the one-year period following the conviction under this section, the court shall issue an order expunging the records. No person shall have has any rights under this section more than one time. After the expungement, the South Carolina Law Enforcement Division is required to keep a nonpublic record of the offense and the date of its expungement to ensure that no person takes advantage of the rights permitted by this subsection more than once. This nonpublic record is not subject to release under Section 34-11-95, the Freedom of Information Act or any other provision of law, except to those authorized law or court officials who need to know this information in order to prevent the rights afforded by this subsection from being taken advantage of more than once."

SECTION   2.   This act takes effect upon approval by the Governor./

Amend title to conform.

/s/John Drummond                  /s/Jennings G. McAbee
/s/James E. Bryan, Jr.            Larry E. Gentry
/s/H. Samuel Stilwell             /s/J. Michael Baxley
On Part of the Senate.              On Part of the House.

, and a message was sent to the House accordingly.

On motion of Senator WILLIAMS, with unanimous consent, the Senate agreed to go into Executive Session subsequent to the Ratification of Acts.

Pursuant to an invitation the Honorable Speaker and House of Representatives appeared in the Senate Chamber at 4:30 P.M. and the following Acts were ratified:

(R747) S. 762 -- Senator Waddell: AN ACT TO AMEND SECTION 7-7-110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN BEAUFORT COUNTY, SO AS TO REVISE THE BLUFFTON AND HILTON HEAD PRECINCTS.

(R748) S. 391 -- Senators Waddell, Lindsay, Lourie, Leatherman and Lee: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 48-39-250 AND 48-39-260 SO AS TO PROVIDE FOR THE FINDINGS AND POLICY RELATING TO THE BEACH/DUNE SYSTEM; TO AMEND SECTION 48-39-130, AS AMENDED, RELATING TO COASTAL COUNCIL PERMITS TO UTILIZE A CRITICAL AREA, SO AS TO REVISE THE PROVISIONS DETAILING WHEN A PERMIT IS NOT NECESSARY; TO AMEND SECTIONS 48-39-270 THROUGH 48-39-360, RELATING TO THE BEACH MANAGEMENT ACT, SO AS TO ADD SECTIONS 48-39-305 AND 48-39-355, REVISE DEFINITIONS, THE PROVISIONS FOR AND THE DETERMINATION OF THE BASELINE AND THE SETBACK LINE, THE DUTIES OF THE COASTAL COUNCIL, THE REQUIREMENTS RELATING TO CONSTRUCTION, RECONSTRUCTION, HABITABLE STRUCTURES, EROSION CONTROL STRUCTURES OR DEVICES, POOLS, AND BUILDING PERMITS, AND THE EXEMPTIONS, PROVIDE FOR A PETITION TO THE CIRCUIT COURT BY LANDOWNERS AND THE COURT'S DETERMINATION, PROVIDE FOR THE PLANTING OF VEGETATION, REVISE THE REQUIREMENTS FOR THE BEACH MANAGEMENT PLAN AND OF A DISCLOSURE STATEMENT IN A CONTRACT OF SALE OR TRANSFER OF REAL PROPERTY, AND PROVIDE FOR THE CIRCUMSTANCES UNDER WHICH A PERMIT IS NOT REQUIRED AND FOR DOCUMENTATION; TO REPEAL SECTIONS 1 AND 2 OF ACT 634 OF 1988 RELATING TO FINDINGS AND POLICY RELATING TO THE BEACH/DUNE SYSTEM; TO PROVIDE FOR THE PLACEMENT OF SAND ON BEACHES; TO AMEND SECTION 48-39-40, RELATING TO THE MEMBERS OF THE COASTAL COUNCIL, SO AS TO PROVIDE FOR THEIR ELECTION INSTEAD OF APPOINTMENT AND DELETE THE PROVISIONS FOR INITIAL APPOINTMENTS; TO PROVIDE FOR THE SERVICE OF THE CURRENT NONLEGISLATIVE MEMBERS OF THE COUNCIL; AND TO PROVIDE FOR APPLICATION OF THE ACT ON LEGAL ACTIONS.

(R749) S. 1451 -- Senators Drummond, Long, Lee, Bryan, Hinds and O'Dell: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 13 TO CHAPTER 13, TITLE 24 SO AS TO PROVIDE FOR A SHOCK INCARCERATION PROGRAM THROUGH THE DEPARTMENT OF CORRECTIONS; TO REPEAL SECTION 24-21-475, RELATING TO THE SHOCK PROBATION PROGRAM; AND TO AMEND SECTION 14-1-210, RELATING TO A COURT FEE TO FUND CERTAIN PROGRAMS, SO AS TO INCLUDE THE SHOCK INCARCERATION PROGRAM.

(R750) H. 4691 -- Reps. McAbee and Carnell: AN ACT TO AMEND SECTION 34-11-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JURISDICTION OF AND PENALTIES FOR FRAUDULENT CHECK CASES, SO AS TO REQUIRE THE STATE LAW ENFORCEMENT DIVISION TO KEEP A NONPUBLIC RECORD OF THE OFFENSE AND THE DATE WHICH IS EXPUNGED TO INSURE THAT NO PERSON TAKES ADVANTAGE OF THE RIGHT OF EXPUNGEMENT PERMITTED BY THIS SECTION MORE THAN ONCE.

(R751) H. 4771 -- Rep. Wells: AN ACT TO AMEND CHAPTER 25, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BOATING AND SURFING AT PARTICULAR LOCATIONS, BY ADDING ARTICLE 13 SO AS TO ESTABLISH NO WAKE ZONES AND TO RESTRICT NAVIGATION, MAST HEIGHT, WATERCRAFT ENGINE SIZE, AND WATERSKIING AND SWIMMING ON LAKES WILLIAM C. BOWEN AND H. TAYLOR BLALOCK IN SPARTANBURG COUNTY, TO PROVIDE FOR OTHER REGULATIONS ON BOATING, TO AUTHORIZE THE SOUTH CAROLINA WILDLIFE AND MARINE RESOURCES DEPARTMENT TO WAIVE RESTRICTIONS BY WRITTEN PERMIT IN CONSULTATION WITH THE SPARTANBURG WATER SYSTEM, AND TO PROVIDE A PENALTY.

(R752) H. 4423 -- Judiciary Committee: AN ACT TO AMEND SECTION 14-5-610, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JUDICIAL CIRCUITS OF THIS STATE AND THE NUMBER OF CIRCUIT JUDGES TO BE ELECTED FOR THE STATE, SO AS TO AUTHORIZE CERTAIN ADDITIONAL RESIDENT AND AT-LARGE CIRCUIT JUDGES; TO AMEND THE 1976 CODE BY ADDING SECTION 14-1-215 SO AS TO PERMIT RETIRED JUDGES OR JUSTICES OF THIS STATE TO BE ASSIGNED BY THE CHIEF JUSTICE OF THE SUPREME COURT TO PRESIDE OVER OFFICIAL PROCEEDINGS IN PARTICULAR COURTS UNDER CERTAIN CONDITIONS; TO AMEND SECTION 9-8-120, RELATING TO THE AUTHORIZATION FOR JUSTICES OR JUDGES WHO ARE RETIRED UNDER THE JUDICIAL RETIREMENT SYSTEM TO PERFORM JUDICIAL DUTIES IN CERTAIN COURTS, SO AS TO CONFORM THE PROVISIONS OF THIS SECTION TO THE LIMITATIONS CONTAINED IN SECTION 14-1-215, AND TO REQUIRE A RETIRED JUDGE OR JUSTICE TO MAKE AN ELECTION UPON RETIREMENT AS TO WHETHER OR NOT HE WISHES TO PRACTICE LAW OR BE ELIGIBLE FOR APPOINTMENT TO SERVE AS A JUDGE OR JUSTICE IN THE COURTS OF THIS STATE IN THE MANNER AUTHORIZED BY LAW; TO AMEND THE 1976 CODE BY ADDING SECTION 14-1-216 SO AS TO PROVIDE THAT NO ACTIVE FAMILY COURT JUDGE MAY BE ASSIGNED TO PRESIDE OVER ANY OFFICIAL PROCEEDING IN THE CIRCUIT COURT; TO AMEND THE 1976 CODE BY ADDING SECTION 2-19-80 SO AS TO PROVIDE THAT WHERE THE SCREENING COMMITTEE FINDS AN INCUMBENT JUDGE FOR A FAMILY COURT, CIRCUIT COURT, COURT OF APPEALS, OR SUPREME COURT JUDGESHIP NOT QUALIFIED FOR THE OFFICE SOUGHT OR AN INCUMBENT WITHDRAWS OR DIES BEFORE THE ELECTION, THE ELECTION FOR THAT OFFICE MAY NOT BE HELD UNTIL ADDITIONAL CANDIDATES HAVE BEEN GIVEN AN OPPORTUNITY TO FILE FOR ELECTION TO THE OFFICE, HEARINGS ON THESE CANDIDATES, IF NECESSARY, HAVE BEEN CONDUCTED, AND THE COMMITTEE HAS RENDERED ITS REPORT CONCERNING THESE ADDITIONAL CANDIDATES; TO PROVIDE THAT NO CANDIDATE FOR JUDICIAL OFFICE MAY SEEK DIRECTLY THE PLEDGE OF A MEMBER OF THE GENERAL ASSEMBLY'S VOTE UNTIL THE QUALIFICATIONS OF ALL CANDIDATES FOR THAT OFFICE HAVE BEEN DETERMINED BY THE SCREENING COMMITTEE, NOR MAY A MEMBER OFFER THE PLEDGE UNTIL THE QUALIFICATIONS OF ALL CANDIDATES FOR THAT OFFICE HAVE BEEN DETERMINED BY THE SCREENING COMMITTEE; TO PROVIDE THAT A RETIRED JUDGE OR JUSTICE MAY DRAW RETIREMENT COMPENSATION WHILE EMPLOYED BY A PUBLIC INSTITUTION OF EDUCATION UNDER CERTAIN CONDITIONS; AND TO PROVIDE FOR THE EFFECTIVE DATES OF THE ABOVE PROVISIONS.

On motion of Senator WILLIAMS, the seal of secrecy was removed, so far as the same relates to appointments made by the Governor and confirmed by the Senate, and the same were ordered published in the Journal, to wit:

Appointment, Member, Insurance Commission with term to expire June 30, 1996:

2nd Congressional District:

Mr. Frank B. Washington, 2225 Lorick Avenue, Columbia, S.C. 29203 VICE Stonewall Richburg

Appointment, Member, State Agency on Vocational Rehabilitation with term to expire March 15, 1995:

6th Congressional District:

Mr. H. Allen Morris, Jr., 117 Merrimar Drive, Moncks Corner, S.C. 29461 VICE Thomas James Bell

Appointment, Member, State Board of Medical Examiners, At-Large, with term to expire January 1, 1995:

Ms. Betty Christensen, 3 Ivy Circle, Aiken, S.C. 29801 VICE Mrs. Ester Tecklenberg

Appointment, Member, Permanent Advisory Council of the State Development Board, with term to expire July 1, 1994:

Jasper/Beaufort:

Mr. Sumner Pingree, P.O. Box 30, Sheldon, S.C. 29941 VICE Nada Williams

Appointment, Member, South Carolina Public Railways Commission, with term to expire November 1, 1995:

Ms. Charlene Hartenstine Winkler, 1351-C Turkey Ridge Road, Surfside Beach, S.C. 29575 VICE James F. McLeod

Appointment, Member, Wildlife and Marine Resources Commission, with term to expire July 1, 1993:

4th Congressional District:

Dr. George Graham, 225 East Wood Street, Spartanburg, S.C. 29303 VICE James Thomason

Appointment, Member, Parks, Recreation & Tourism Commission, with term to expire June 27, 1996:

6th Congressional District:

Edward L. Young, P.O. Box 3806, Florence, S.C. 29502 VICE Elvin D. Tirrell

Appointment, Member, South Carolina Board of Youth Services, with term to expire September 30, 1995:

2nd Congressional District:

Mr. J.P. Neal, 4000 Pine Cone Drive, Columbia, S.C. 29204 VICE Ms. Gloria Leevy

Appointment, Member, Residential Home Builders Commission, with term to expire June 30, 1993:

2nd Congressional District:

Mr. M. Stewart Mungo, 4400 St. Andrews Road, Columbia, S.C. 29210 VICE Robert E. Rogers

Appointment, Member, South Carolina Public Railways Commission:

Mr. Edgar Buck, 16 Country Club Drive, Charleston, S.C. 29412 VICE Fred Fanning

Appointment, Member, South Carolina, Foster Care Review Board, with term to expire June 30, 1990:

At-Large:

James Curtis Harkness, P.O. Box 6071 - Lander College, Greenwood, S.C. 29646 VICE Christine Jackson

Appointment, Member, Mental Health Commission, with term to expire March 21, 1994:

At-Large:

Fred H. Gantt, CPA, P.O. Box 627, Columbia, S.C. 29202 VICE Ernest Harrill

Reappointment, Member, Hearing Aid Dealers and Fitters Commission Number 5, with term to expire November 1, 1993:

Dr. J. Capers Hiott, 976 Club Lane, Sumter, S.C. 29150

Reappointment, Jasper County Voter Registration Board:

Mabel Jenkins, Route 1, Box 59, Garnet, S.C. 29922

Richard Williams, P.O. Box 81, Hardeeville, S.C. 29927

Louise M. Baker, P.O. Box 1273, Ridgeland, S.C. 29936

Hattie Bennett, Route 1, Box 187, Hardeeville, S.C. 29927

Hazel C. Smith, Route 1, Box 128, Early Branch, S.C. 29916

Reappointments, Clarendon County Magistrates:

Bobby Ray Floyd, Route 1, Box 617, Lake City, S.C. 29560

Eugene Allen Failmezger, 23 Church Street, Summerton, S.C. 29148

James Dingle, P.O. Box 344, Manning, S.C. 29102

Annelle Powell, P.O. Box 371, Manning, S.C. 29102

William Rogers DuBose, P.O. Box 427, Summerton, S.C. 29148

Rueben B. Clark, Route 2, Box 605, Pinewood, S.C. 29125

Willie Lee Bethune, P.O. Box 93, Gable, S.C. 29051

Reappointments, Hampton County Magistrates:

Mary F. Henderson, P.O. Box 314, Hampton, S.C. 29924

Virgin Johnson, Sr., Route 2, Box 15, Estill, S.C. 29918

Algernon Gibson Solomons, Jr., P.O. Box 969, Estill, S.C. 29918

Reappointment, Beaufort County Magistrate, with term to expire April 30, 1994:

Cecil P. Reynolds, Post Office Box 96, Bluffton, S.C. 29910

Reappointments, Orangeburg County Magistrates, with terms to expire April 30, 1991:

Gerald Atmar Thompson, Sr., Route 1, Box 156, Branchville, S.C. 29432

Jacob Gillens, Sr., Post Office Box 188, Eutawville, S.C. 29048

Benjamin Spells, Post Office Box 1159, Holly Hill, S.C. 29059

Donald West, Post Office Box 365, Bowman, S.C. 29018

Foye Covington, Post Office Box 436, Norway, S.C. 29113

Rita W. Brown, Post Office Box 355, Springfield, S.C. 29146

James Keller Ulmer, III, P.O. Box 216, Elloree, S.C. 29047

Allen T. Holmes, Post Office Box 489, North, S.C. 29112

Appointment with term to expire April 30, 1991:

Willie Robinson, Jr., Route 4, Box 1276, Orangeburg, S.C. 29115

Reappointments, Beaufort County Board of Voter Registration:

Jennie S. Green, Route 9, Box 334, Burton, S.C. 29902

Harry M. Barkley, 13 Misty Morning Drive, Hilton Head Island, S.C. 29926

Richard A. Dey, 4 Twin Pines Court, Hilton Head Island, S.C. 29928

James W. Richardson, 1003 Ribaut Road, Beaufort, S.C. 29902

Rosalyn Thompson, Dale Post Office, Dale, S.C. 29914

Appointment, Williamsburg County Magistrate, with term to expire April 30, 1994:

Norris Wallace, Sr., 718 St. Marks Street, Kingstree, S.C. 29556

Reappointments, Greenville County Magistrates:

Diane D. Cagle, 6247 White Horse Road, Greenville, S.C. 29611

Harold L. Grimsley, 500 E. Lee Road, Taylors, S.C. 29687

Harry J. Haynsworth, III, 4 McGee Street, Greenville, S.C. 29601

S. Hunter Howard, 116 South Main Street, Simpsonville, S.C. 29681

Harold V. Lollis, 4 McGee Street, Greenville, S.C. 29601

Carroll G. Morrow, 4798 Jordan Road, Greenville, S.C. 29651

Mildred T. Stokes, Post Office Box 1870, Greer, S.C. 29651

Thomas E. Taylor, 391 Sandy Springs Road, Piedmont, S.C. 29673

R. Carey Werner, 117 South Main Street, Greer, S.C. 29651

Jimmy Wilson, Sr., 514 South Fairfield Road, Greenville, S.C. 29605

Don Irvin Hensley, 34 Kellogg Avenue, Greenville, S.C. 29611

Appointments effective January 1, 1991:

Mann Batson, 203 Love Drive, Travelers Rest, S.C. 29690 VICE Paul M. Vernon

Dill Blackwell, 1100 Little Texas Road, Travelers Rest, S.C. 29690 VICE Herbert R. Page

Appointment:

Lewis O. McNeil, 4 McGee Street, Greenville, S.C. 29601 VICE Hoyt Martin (resigned)

Reappointments, Dorchester County Board of Voter Registration, with terms to expire March 15, 1992:

Orion P.D. Canat, 133 Axtel Drive, Summerville, S.C. 29485

Raymond Garvin, 10 Garvin Street, St. George, S.C. 29477

Appointment:

Martha H. Hollis, 113 Pelican, Ladson, S.C. 29456 VICE Jesse L. Summers

Reappointments, Aiken County Board of Voter Registration:

Shirley Harden, 539 Mortmorenci Road, Aiken, S.C. 29801

Arlene D. Lyman, 802 Merriweather Drive, North Augusta, S.C., 29841

Alicia Brooks, 2770 Martingale Lane, Aiken, S.C. 29801

Frances Pennington, Post Office Box 43, Aiken, S.C. 29856

Pursuant to an invitation the Honorable Speaker and House of Representatives appeared in the Senate Chamber at 4:59 P.M. and the following Act was ratified:

(R753) H. 4678 -- Reps. Gregory, Kirsh, Short, Fair, J. Brown, Wilkins, McLellan and Klapman: AN ACT TO AMEND SECTION 1-20-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TERMINATION OF STATE AGENCIES UNLESS REAUTHORIZED, SO AS TO PROVIDE A SCHEDULE OF TERMINATION DATES THROUGH 1995.

The PRESIDENT appointed Senator DRUMMOND, FIELDING, THOMAS and O'DELL as a committee to inform the Governor that the Senate had completed its business and was ready to adjourn Sine Die.

The PRESIDENT appointed Senators LOURIE, MATTHEWS, RUSSELL and PASSAILAIGUE as a committee to inform the House of Representatives that the Senate had completed its business and was ready to adjourn Sine Die.

Reps. Gregory, Whipper and Haskins appeared in the Chamber to inform the Senate that the House had completed its business and had adjourned Sine Die.

At 5:00 P.M., on motion of Senator WADDELL, the Senate adjourned Sine Die in accordance with H. 5072, the Sine Die Resolution.

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