Indicates Matter Stricken
Indicates New Matter
The House assembled at 11:00 A.M.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:
As we bow, Lord, in these moments of prayer, we come into Your presence hungering to know more fully Your way for our lives and for all creation. Forgive us when we get so caught up in the enticement of the world to exalt the individual above everything else. Open our ears that Your Word may become more deeply rooted in our hearts. Open our minds to Your transforming vision that we may be renewed, recreated and restored. Overcome in us all obstacles that prevent us from embracing the course that You would have us to go.
For Yours is the power, the honor and the glory now and always.
Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.
After corrections to the Journal of the proceedings of Friday, the SPEAKER ordered it confirmed.
Rep. ROBINSON moved that when the House adjourns, it adjourn in memory of Melvin Eugene Owens, which was agreed to.
The following was received.
Columbia, S.C., May 26, 1994
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has overridden the veto by the Governor on R485, H. 4919 by a vote of 45 to 0.
(R485) H. 4919 -- Reps. T.C. Alexander and Graham: AN ACT TO CREATE A REGISTRATION AND ELECTIONS COMMISSION FOR OCONEE COUNTY, PROVIDE FOR THE COMPOSITION OF COMMISSION, AND ABOLISH THE OFFICE OF COMMISSIONERS OF ELECTION AND THE REGISTRATION BOARD OF OCONEE COUNTY AND DEVOLVE THEIR POWERS AND DUTIES UPON THE REGISTRATION AND ELECTIONS COMMISSION.
Very respectfully,
President
No. 122
Received as information.
The following was received.
Columbia, S.C., May 27, 1994
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has appointed Senators Drummond, J. Verne Smith and Leventis of the Committee of Conference on the part of the Senate on H. 4691:
H. 4691 -- Ways and Means Committee: A BILL MAKING APPROPRIATIONS FROM FISCAL YEAR 1992-93 SURPLUS GENERAL FUND REVENUES AND TO REPEAL SECTION 12-47-447, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PAYMENT OF TAX REFUNDS.
Very respectfully,
President
No. 461
Received as information.
The following was received.
Columbia, S.C., May 27, 1994
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has appointed Senators Drummond, J. Verne Smith and Leventis of the Committee of Conference on the part of the Senate on H. 4911:
H. 4911 -- Reps. Carnell, McAbee, Boan, H. Brown and J. Harris: A BILL TO AMEND ACT 1377 OF 1968, AS AMENDED, RELATING TO THE ISSUANCE OF CAPITAL IMPROVEMENT BONDS, SO AS TO REVISE EXISTING BOND AUTHORIZATIONS FOR THE ADJUTANT GENERAL AND THE DEPARTMENT OF CORRECTIONS; TO SPECIFY THE USE OF CERTAIN FUNDS AUTHORIZED FOR THE DEPARTMENT OF CORRECTIONS; TO STATE THE INTENT OF THE GENERAL ASSEMBLY TO PROVIDE FUNDS IN THE FUTURE; TO TRANSFER FUNDS FROM THE DEPARTMENT OF CORRECTIONS TO THE DEPARTMENT OF PROBATION, PAROLE AND PARDON; AND TO DELETE A PROVISO CONCERNING FUNDS AUTHORIZED FOR THE DEPARTMENT OF JUVENILE JUSTICE.
Very respectfully,
President
No. 462
Received as information.
The following was received from the Senate.
Columbia, S.C., May 27, 1994
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it nonconcurs in the amendments proposed by the House to S. 861:
S. 861 -- Senator Greg Smith: A BILL TO AMEND SECTION 38-75-310(5), CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WINDSTORM AND HAIL INSURANCE, SO AS TO INCLUDE THE MURRELLS INLET PORTION OF GEORGETOWN COUNTY IN THE DEFINITION OF COASTAL AREA.
Very respectfully,
President
On motion of Rep. J. BAILEY, the House insisted upon its amendments.
Whereupon, the Chair appointed Reps. RICHARDSON, THOMAS and KEEGAN to the Committee of Conference on the Part of the House and a message was ordered sent to the Senate accordingly.
May 27, 1994
Mr. Speaker and Members of the House:
I am hereby returning without my signature H. 4056, R-505, an Act:
TO AMEND CHAPTER 3, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 16 SO AS TO CREATE THE CRIME VICTIMS' OMBUDSMAN OF THE OFFICE OF THE GOVERNOR AND PROVIDE FOR THE OMBUDSMAN'S POWERS AND DUTIES, TO TRANSFER THE SUM OF ONE HUNDRED TWENTY-FIVE THOUSAND DOLLARS AND THREE FULL-TIME EQUIVALENT POSITIONS FROM THE DIVISION OF VICTIMS' ASSISTANCE TO THE CRIME VICTIMS' OMBUDSMAN'S OFFICE AND PROVIDE FOR THESE TRANSFERS IN THE CURRENT AND SUCCEEDING FISCAL YEARS, AND TO CREATE AN ADVISORY COMMITTEE ON FAMILY VIOLENCE TO THE JOINT LEGISLATIVE COMMITTEE ON CHILDREN AND FAMILIES AND TO PROVIDE FOR ITS MEMBERSHIP, POWERS, AND DUTIES, INCLUDING ITS TERMINATION JULY 1, 1997, WHEN EXTENDED BY THE GENERAL ASSEMBLY BY JOINT RESOLUTION.
I am vetoing this legislation because it creates duplication of current services of state funded efforts to assist victims already provided by the Division of Victims' Assistance and the South Carolina Victims' Assistance Network. After working for several years to adequately staff and fund the Division of Victims' Assistance, I believe it is counter productive to now remove three full time equivalent positions and $125,000.00 from the Division's budget in order to create a new agency whose functions would be largely duplicative with the functions of the Division.
Additionally, I have secondary concerns with provisions in the legislation which provide for advice and consent approval of an employee in the Governor's office. I believe this creates bad precedent for future consideration regarding the appointive powers of the Governor.
Creating such a competing entity is counter productive to the mission of Restructuring. Therefore, because the Act contravenes our efforts to streamline and improve the efficiency of state government, I am vetoing this legislation.
Sincerely,
Carroll A. Campbell, Jr.
Governor
Rep. HODGES moved to adjourn debate upon the Veto until Wednesday, June 1, which was adopted.
The CONFERENCE COMMITTEE, to whom was referred:
S. 1196 -- Senators Rankin and Elliott: A BILL TO AMEND TITLE 31, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 12 SO AS TO AUTHORIZE THE CREATION OF A REDEVELOPMENT AUTHORITY TO ACQUIRE AND DISPOSE OF FEDERAL MILITARY INSTALLATIONS, AND TO PROVIDE FOR THE COMPOSITION OF THE AUTHORITY, ITS POWERS, DUTIES, AND RESPONSIBILITIES.
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 after all enacting words and inserting in lieu thereof the following:
/SECTION 1. Title 31 of the 1976 Code is amended by adding:
Section 31-12-10. Short title.
This chapter may be cited as the "Military Facilities Redevelopment Law".
Section 31-12-20. The General Assembly finds that:
(1) As a result of the closure and realignment of military installations in the United States, federal property located in the State has and will become available for the State's use. It is in the best interests of the citizens of this State for the State, municipalities, and counties to work in concert and oversee and dispose of federal military facilities and other excess federal property, in an orderly and cooperative manner. It is the intent of this chapter that redevelopment authorities may be appointed to deal with military facilities that have been scheduled for closure by the United States Congress and to consult with the federal government pursuant to federal law relating to defense base closure and realignment. If any other incidental excess federal property is included with a scheduled closing, that property may also be dealt with by the authorities.
(2) The redevelopment of these facilities may often require substantial periods of time and substantial investment in redevelopment of the properties, including public infrastructure on the properties themselves and in the communities immediately surrounding the properties in order to re-integrate the former military facilities into the surrounding communities, and all reasonable means should be provided to assist the redevelopment authorities created pursuant to this chapter to fund improvements for redevelopment, including, in the case of properties located within incorporated municipalities, tax increment financing as authorized by Section 14 of Article X of the Constitution of South Carolina.
Section 31-12-30. As used in this chapter, unless the context clearly indicates otherwise:
(1) 'Area of Operation' means the area within the territorial boundaries of the counties entitled to representation on an authority which consist of both the real property to be disposed of by an authority as well as any other properties disposed of directly by the federal government to public or private persons or entities, other than disposal to the federal government for other military uses, in connection with military installation closure and realignment, together with such areas of the surrounding community as may need planning for infrastructure improvements to support the redevelopment project area.
(2) 'Authority' means a redevelopment authority created pursuant to Section 31-12-40.
(3) 'Municipality' means an incorporated municipality of this State.
(4) 'Obligations' means bonds, notes, or other evidence of indebtedness issued by the municipality to carry out a redevelopment project or to refund outstanding obligations.
(5) 'Redevelopment plan' means the comprehensive program of the authority for redevelopment intended by the payment of redevelopment costs to redevelop properties scheduled for disposal which may tend to return properties to the tax rolls, replace lost jobs, and integrate the properties back into the community, thereby enhancing the tax bases of the taxing districts which extend into the project redevelopment area and the economic health of the community in which it lies. Each redevelopment plan shall set forth in writing the program to be undertaken to accomplish the objectives and shall include, but not be limited to, estimated redevelopment project costs, possible sources of funds to pay costs, the most recent equalized assessed valuation of the project area as of the time of creation of a tax increment finance district pursuant to Section 31-12-200, an estimate as to the equalized assessed valuation after redevelopment, and the general land uses to apply in the redevelopment project area.
(6) 'Redevelopment project' means any buildings, improvements, including street improvements, water, sewer and storm drainage facilities, parking facilities, and recreational facilities. Any project or undertaking authorized under Section 6-21-50 may also qualify as a redevelopment project under this chapter. All such projects may be owned by the authority, the municipality, the county, or any other appropriate public body. This term shall include portions of the redevelopment project located outside the redevelopment project area so long as they provide needed infrastructure support for the redevelopment project area.
(7) 'Redevelopment project area' means an area within the incorporated area of a municipality and designated pursuant to Section 31-12-200, which is not less in the aggregate than one and one-half acres. It shall include both the real property to be disposed of by an authority as well as any other properties disposed of directly by the federal government to public or private persons or entities, other than disposal to the federal government for other military uses, in connection with military installation closure and realignment. Redevelopment project areas designated pursuant to Section 31-12-200 shall not be counted against the limits on acreage of redevelopment project areas within municipalities contained in Section 31-6-30(7).
(8) 'Redevelopment project costs' means and includes the sum total of all reasonable or necessary costs incurred or estimated to be incurred and any costs incidental to a redevelopment project. The costs include, without limitation:
(a) Costs of studies and surveys, plans, and specifications; professional service costs including, but not limited to, architectural, engineering, legal, marketing, financial, planning, or special services.
(b) Property assembly costs including, but not limited to, acquisition of land and other property, real or personal, or rights or interest therein, demolition of buildings, and the clearing and grading of land.
(c) Costs of rehabilitation, reconstruction, repair, or remodeling of a redevelopment project.
(d) Costs of the construction of a redevelopment project.
(e) Financing costs including, but not limited to, all necessary and incidental expenses related to the issuance of obligations and which may include payment of interest on any obligations issued under the provisions of this chapter accruing during the estimated period of construction of any redevelopment project for which the obligations are issued and including reasonable reserves related thereto.
(f) Relocation costs to the extent that a municipality determines that relocation costs must be paid or required by federal or state law.
(9) 'Taxing districts' means counties, incorporated municipalities, schools, special purpose districts, and any other municipal corporations or districts with the power to levy taxes.
(10) 'Real property' shall include all property assessed under authority of Section 12-4-540 when such term is used in this chapter with regard to tax increment financing.
Section 31-12-40. (A) The Governor may create separate and distinct bodies corporate and politic to be known as redevelopment authorities to oversee the disposition of real and personal federal property that has been or will be turned over to the State or to the redevelopment authority as referred to in the Defense Base Closure and Realignment Act, 10 U.S.C. 2901, et seq., as it may be amended from time to time, by the federal government or real and personal federal property that has been designated as surplus property by the federal government and is to be disposed of by the State or the redevelopment authority as a result of the closure and realignment of military facilities in the State. No more than one authority may be created with jurisdiction over a single federal military installation. Only one authority may be designated within any county and the Governor shall exercise his authority under this chapter in such a manner as to ensure that the composition of any authority created under this section shall be structured or restructured in accordance with the requirements contained hereinbelow as additional properties may be added through other closures and realignments, as properties are disposed of and as federally defined Metropolitan Statistical Areas (MSA's) are redefined, from time to time. If an authority is designated, it shall be the sole representative of the State for negotiations with the appropriate federal authority for reuse and disposal of property.
(B) If the federal property subject to disposal is contained wholly within one county, which county does not lie in an MSA extending over more than one South Carolina county and is not included in a multicounty authority under subsections (C) or (D), the authority must include:
(1) two representatives of the State, nominated by a majority of the Senate and a majority of the House, who must be appointed by the Governor;
(2) three representatives of the county appointed by the county governing body;
(3) three representatives of each municipality in which the municipality's boundaries contain all or a portion of the military properties scheduled for disposal, appointed by the municipal governing body; and
(4) one at-large appointment by the Governor, who shall be a resident of the county.
(C) If the federal property subject to disposal is contained within more than one county, with no portion of such counties lying within an MSA which extends over more than one South Carolina county, the authority must include:
(1) two representatives of the State nominated by a majority of the Senate and a majority of the House, who must be appointed by the Governor;
(2) two representatives of each county appointed by the respective county governing body;
(3) two representatives of each municipality in which the municipality's boundaries contain all or a portion of the military properties scheduled for disposal, appointed by the respective municipal governing body; and
(4) one at-large appointment by the Governor, who shall be a resident of one of the counties.
(D) If the federal property subject to disposal is contained wholly or partially within a county, all or a portion of which lies in an MSA which extends over more than one South Carolina county, the authority must include:
(1) one representative of each South Carolina county which contains all or a portion of the federal property subject to disposal, appointed by the respective county governing body;
(2) one representative of each South Carolina county in the MSA not entitled to a representative under subsection (D)(1), appointed by the respective county governing body;
(3) one representative of each municipality located wholly or partly within the MSA with a population of at least 50,000 as determined by the latest official federal census, appointed by the respective municipal governing body;
(4) such additional representatives as may be necessary to assure that any municipality within whose boundaries the major portion of properties scheduled for disposal lies shall have a total number of representatives being two less than the collective number of representatives from all other appointing bodies or officers provided for in subsections (D)(1) through (D)(8), appointed by the municipal governing body;
(5) if the major portion of properties scheduled for disposal lies within a single county but not within the boundaries of any single municipality, such additional representatives as may be necessary to assure that county two less than the collective number of representatives from all other appointing bodies or officers provided for in subsections (D)(1) through (D)(8), appointed by the county governing body;
(6) one member elected by a majority of the Senate;
(7) one member elected by a majority of the House of Representatives; and
(8) one at-large appointment by the Governor, who shall be a resident of one of the counties which lie, wholly or partially, in the MSA which is entitled to an appointment under subsections (D)(1) or (D)(2).
(E) No member of an authority may be an elected official or have held an elected office within one year of the date on which the member begins service on an authority. Nor may any member hold another office of honor or profit of this State while serving on the authority as prohibited by the South Carolina Constitution. Nor may any member of an authority established pursuant to subsection (D) serve or have served as an officer of, or as a member of the executive committee of, any authority, commission, committee, or other entity relating to or concerned with the effects of the closure of a federal military installation which has been established by an executive order of the Governor prior to the effective date of this Chapter, within one year prior to the date on which the member begins service on an authority. Each member of an authority must comply with the provisions of Chapter 13 of Title 8 of the 1976 Code of Laws including the requirement to file a statement of economic interests.
(F) All executive orders of the Governor establishing any authority, commission, committee, or other entity relating to or concerned with the effects of the closure of a federal military installation shall expire on March 1, 1995. The Governor may issue no executive order relating to the purposes of this chapter except to create or to modify the membership of an authority as provided in Section 31-12-40.
(G) Upon the creation of an authority under the provisions of this Chapter with regard to property scheduled for disposal which was also the subject of an executive order of the Governor issued prior to the effective date of this Act, the authority may, by its resolution, assume all or part of the responsibilities and activities of the entity previously authorized by the executive order.
(H) The appointments made pursuant to subsections (B)(2), (B)(3) and (B)(4), subsections (C)(2), (C)(3) and (C)(4), and subsections (D)(1), (D)(2), (D)(3), (D)(4), (D)(5) and (D)(8) shall be subject to the advice and consent of the state Senate.
(I) An authority also may be created by resolutions of municipalities and of counties eligible to make the majority of the appointments to an authority pursuant to subsections (B), (C) or (D), respectively.
(J) A vacancy occurring during the recess of the Senate may be filled by an interim appointment by the appointing body or officer.
The Senate must be notified of the interim appointment, which shall be submitted no later than the end of the third week of its next ensuing regular session. The Senate may give or withhold its advice and consent to an appointment at any time after submission of the appointment, provided that if the Senate does not advise and consent to an appointment prior to Sine Die adjournment of that session, the office shall be vacant and the interim appointment shall not serve in holdover status notwithstanding any other provision of law to the contrary. In no event may the same individual be reappointed by the appointing body or officer until such time as the term for which the interim appointee would have served expires.
(K) A vacancy due to the failure of the Senate to give advice and consent to any appointment may be filled while the Senate is in session by an interim appointment of a different person by the appointing body or officer until Sine Die adjournment of that session.
(L) A vacancy due to the failure of the Senate to give advice and consent to any appointment may be filled during the recess of the Senate by an interim appointment by the appointing body or officer in the same manner as in Subsection (I).
Section 31-12-50. (A) The term of office for members appointed pursuant to Sections 31-12-40(B) and 31-12-40(C) is as follows: one of the state representatives, one of the county representatives, and one of the municipality representatives shall serve a four-year term as designated by the respective delegation or governing body. The other members shall serve an initial two-year term, including the at-large appointment by the Governor. The term of office for members appointed pursuant to Section 31-12-40(D) shall be split as equally as possible as between two or four years, as determined by lot at their first organizational meeting, other than the appointment by the Governor, who shall serve an initial two year term. After the initial terms all members shall serve four-year terms. Each member shall hold office until his successor is appointed and qualified.
(B) Vacancies for the unexpired terms of any member who resigns, ceases to be qualified, or is removed must be promptly filled in the manner of the original appointment. Any member who is guilty of malfeasance, misfeasance, incompetency, persistent absenteeism, conflicts of interest, misconduct, persistent neglect of duty in office, or incapacity, is subject to removal by majority vote of the appointing body upon any of the foregoing causes being made to appear satisfactory to the appointing body. A member is subject to removal by an appointing body, with or without cause, upon a two-thirds vote of an appointing body. An appointing officer may remove a member of an authority with or without cause. A member shall receive, as the authority determines, reimbursement for reasonable travel expenses and other out of pocket expenses incurred in the discharge of the member's duties.
Section 31-12-60. The Governor's at-large appointment shall serve for a two year term as chairman of any authority initially established. The authority shall select its vice chairman and such other officers as the authority may determine from its membership. The authority shall select its chairman at all times after the Governor's first at-large appointee ceases to serve his first term.
The authority may employ or contract for technical experts and other agents and employees as it may require and may determine the qualifications and compensation of these persons. A majority of the members then in office shall constitute a quorum for its meeting. No member is liable personally for losses unless the losses are occasioned by the wilful misconduct of the member. An authority may delegate one or more of its members, agents, or employees any of its powers that it considers necessary to carry out the purposes of the authority subject always to the supervision and control of the whole authority.
Section 31-12-70. (A) An authority shall constitute a public body, corporate and politic, exercising public and essential governmental powers, which powers shall include all powers necessary or appropriate to carry out and effectuate the purposes and provisions of this chapter, including the following powers:
(1) to make and from time to time amend and repeal bylaws, rules, regulations, and resolutions;
(2) to have perpetual succession;
(3) to adopt a seal;
(4) to sue and be sued;
(5) to make and execute contracts and other instruments necessary or convenient to the exercise of the powers of the authority; and any contract or instrument when signed by the chairman or vice chairman and secretary or assistant secretary of the authority must be held to have been properly executed for and on its behalf;
(6) to cooperate with any government or municipality as defined in this title;
(7) to act as agent of the State or federal government or any of its instrumentalities or agencies for the public purposes set out in this title;
(8) to prepare or cause to be prepared and adopt redevelopment plans and to undertake and carry out redevelopment projects within its area of operation;
(9) to arrange or contract for the furnishing or repair by any person or agency, public or private, of services, privileges, works, streets, roads, public utilities, or other facilities for or in connection with a redevelopment project; provided, however, the power provided herein shall not be construed to alter or amend the rights, responsibilities, or powers of electrical utilities, electric cooperatives, electric suppliers, municipal electric systems, or the Public Service Authority as provided in Chapter 27 and 31 of Title 58 and Section 5-7-60, as is or as may hereafter be amended;
(10) within its area of operation, to purchase, obtain options upon, acquire by gift, grant, bequest, devise, or otherwise, any real or personal property or any interest in it, together with any improvements on it, necessary or incidental to a redevelopment project, to hold, improve, clear, or prepare for redevelopment of the property, and sell, exchange, transfer, assign, subdivide, retain for its own use, mortgage, pledge or otherwise encumber or dispose of any real or personal property or any interest in it, either as an entirety to a single redeveloper or in parts to several redevelopers, to enter into contracts, either before or after the real property that is the subject of the contract is acquired by the authority, with redevelopers of property containing covenants, restrictions, and conditions regarding the use of the property for residential, commercial, industrial, or recreational purposes or for public purposes in accordance with the redevelopment plan and such other covenants, restrictions, and conditions as the authority may consider necessary to effectuate the purposes of this chapter; and to provide appropriate remedies for any breach of covenants or conditions, including the right to terminate the contracts and any interest in the property created pursuant thereto; to borrow money and issue bonds and provide security for bonds, provided that the authority may not pledge the full faith and credit of the state or of any of its political subdivisions for the repayment of said bonds; to insure or provide for the insurance of any real or personal property or operations of the authority against any risks or hazards, including the power to pay premiums on the insurance; and to enter into any contracts necessary to effectuate the purposes of this chapter;
(11) to invest any funds held in reserves or sinking funds or any funds not required for immediate disbursements, in the investments as may be lawful for guardians, executors, administrators or other fiduciaries under the laws of this State; and to redeem its bonds at the redemption price established therein or to purchase its bonds at less than redemption price, all bonds so redeemed or purchased to be canceled;
(12) to borrow money and to apply for and accept advances, loans evidenced by bonds, grants, contributions, and any other form of financial assistance from the federal government, the State, county, municipality, or other public body or from any sources, public or private for the purposes of this chapter, to give this security as may be required and to enter into and carry out contracts in connection with it;
(13) within its area of operation, to make or have made all surveys, studies, and plans necessary to the carrying out of the purposes of this chapter and in connection with it to enter into or upon any land, building, or improvement on it for the purposes and to make soundings, test borings, surveys, appraisals, and other preliminary studies and investigations necessary to carry out its powers and to contract or cooperate with any and all persons or agencies, public or private, in the making and carrying out the surveys, appraisals, studies, and plans. An authority is specifically authorized to make:
(a) plans for carrying out a program of voluntary repair and rehabilitation of buildings and improvements; and
(b) plans for the enforcement of laws, codes, and regulations relating to the use of land, the use and occupancy of buildings and improvements, and to the compulsory repair, rehabilitation, demolition, or removal of buildings and improvements, subject to the approval of the municipality, or county if not within a municipality, within which the properties lie;
(14) to make expenditures as may be necessary to carry out the purposes of this chapter; and to make expenditures from funds obtained from the federal government;
(15) to perform redevelopment project undertakings and activities in one or more contiguous or noncontiguous redevelopment areas that are planned and carried out on the basis of annual tax increments in accordance with the remaining provisions of this Chapter.
(B) In carrying out a redevelopment project, an authority may:
(1) with or without consideration and, at private sale, in accordance with the redevelopment plan, convey real property to the municipality, county, or other appropriate public body to be laid out for streets, alleys, and public ways;
(2) with or without consideration, convey at private sale, in accordance with the redevelopment plan, grant, or dedicate easements and rights-of-way for public utilities, sewers, streets, and other similar facilities;
(3) with or without consideration, and at private sale, in accordance with the redevelopment plan, convey to a municipality, county, or other appropriate public body, real property to be used for parks, schools, public buildings, facilities, or other public purposes; and
(4) temporarily rent or lease, operate, or maintain real property in a redevelopment area, whether or not in accordance with the redevelopment plan and pending the disposition of the property for redevelopment, as may be deemed appropriate.
(C) In developing its redevelopment plans, an authority shall take into account the needs of the surrounding community; shall attempt to integrate the redevelopment of the properties scheduled for disposition with any adjacent areas; and shall consider the extent to which the plan compliments the existing development of the community, the competitive effect on existing businesses in the community, and the compatibility of the redevelopment with the community. To that end, and with the consent and concurrence of the local governing body having planning and zoning authority over the surrounding areas, the authority may prepare and implement plans for public infrastructure or other improvements which would be authorized under the Community Development Law for a municipality in such areas.
(D) In furtherance of its purposes, an authority may issue revenue bonds, the interest on which may or may not be excludable from gross income for federal income tax purposes, for the purpose of raising funds needed from time to time for the financing or refinancing, in whole or in part, of the acquisition, construction, equipping, maintenance, and operation of any facility, building, structure, or any other matter or thing which the authority is authorized to acquire, construct, equip, maintain, or operate.
Section 31-12-80. (A) Any public body, including the State and any political subdivision or any public or quasi-public entity or affiliated corporate entity by whatever name whose board is appointed pursuant to an act of the General Assembly, upon such terms, with or without consideration, for the purpose of aiding and cooperating in the planning, undertaking, or carrying out of a redevelopment project located within the area in which it is authorized to act, may:
(a) dedicate, sell, convey, or lease any of its interest in any property, or grant easements, licenses, or any other rights or privileges therein to an authority;
(b) cause parks, playgrounds, recreational, community, education, water, sewer, or drainage facilities, or any other works that it is otherwise empowered to undertake, to be furnished in connection with a redevelopment project;
(c) furnish, dedicate, close, vacate, pave, install, grade, regrade, plan or replan streets, roads, sidewalks, ways, or other places that it is otherwise empowered to undertake;
(d) plan or replan any part of the redevelopment;
(e) cause administrative and other services to be furnished to the authority of the character which the public body is otherwise empowered to undertake or furnish for the same or other purposes;
(f) enter into an agreement to pay fees in lieu of taxes as to any properties it might use, own, or acquire located within the redevelopment project area, such fees not to exceed amounts which would otherwise be paid if the properties were not tax exempt, and upon approval of the municipal governing body, such fees may be pledged for the repayment of tax increment finance obligations issued pursuant to this chapter;
(g) enter into an agreement to fund public infrastructure improvements as a part of redevelopment project in such amounts as may represent anticipated savings in capital or operating expenditures of the public body due to its acquisition of properties scheduled for disposition as a part of the redevelopment project; and,
(h) do any and all things necessary or convenient to aid and cooperate in the planning or carrying out of a redevelopment plan.
(B) Any sale, conveyance, or agreement provided for in this section may be made by a public body without public notice, advertisement, or public bidding.
Section 31-12-90. Notwithstanding any provision of law, neither the State nor any political subdivision or any public or quasi-public entity or affiliated corporate entity by whatever name whose board is appointed pursuant to an act of the General Assembly or any non-profit public or non-profit private corporation chartered for the purpose of furthering economic development may make a profit on the sale of real estate to a redevelopment authority created pursuant to this act; nor may any monies from the authority's assets developed through the sale, lease, or fees generated from the profits be transferred to any government entity above, beyond, or outside of the authority itself, except as may be required or permitted by applicable provisions of the Defense Base Closure Realignment Act, 10 U.S.C. 2901, et seq., as it may be amended from time to time.
Section 31-12-100. (A) An authority created pursuant to this chapter may dissolve the authority by a two-thirds vote of the entire number of authorized members if no property remains for redevelopment or if the authority decides to transfer the remaining redevelopment properties to another public body or successor entity created by statute.
(B) Final dissolution may occur only upon sale of all properties to the private sector or conveyance to another public entity described in subsection (A) with the lawful power to receive real and personal property held by the authority and the satisfaction of all outstanding obligations of the authority or their lawful assumption by another public entity described in subsection (A).
(C) Upon a determination to dissolve, the authority may dispose of any tangible or intangible property remaining after transfer of any remaining redevelopment properties as provided by law or in the following manner:
(1) tangible personal property and cash or similar instruments held by the authority shall be distributed to the local governmental entities which nominated members to the authority; and
(2) disbursement of assets shall be based on the cash value of all assets, and shall be distributed in reimbursement to local government entities which have contributed cash funds or capital assets in proportion to the dollar value of contributions made by the government entities that have not been otherwise recovered by the contributing governmental entity through direct revenues.
(D) The authority shall keep annual and permanent records of cash contributions and the value of in-kind donations of the governmental entities, and such records shall be used to determine the distribution of assets of the authority based on the net present value of such contributions at the time it is dissolved.
Section 31-12-110. Notwithstanding any provision of law or regulation, an authority shall be an "agency" for purposes of Chapter 78 of Title 15.
Section 31-12-120. Notwithstanding any provision of law or regulation, an authority must comply with the provisions of Chapter 35 of Title 11 (South Carolina Consolidated Procurement Code) and the related regulations issued by the Budget and Control Board. In any instance where a provision of this chapter is inconsistent with a provision of the Procurement Code or regulation, the Procurement Codes and regulation shall control.
Section 31-12-200. Upon creation of a redevelopment authority by the Governor, any properties scheduled for disposal within a particular municipality, whether contiguous or not, including, to the extent that the State may then or thereafter have or acquire jurisdiction, all properties over which the State has ceded jurisdiction in whole or in part to the United States of America, and including both the real property to be disposed of by an authority as well as any other properties disposed of directly by the federal government to public or private persons or entities, other than disposal to the federal government for other military uses, in connection with military installation closure and realignment, shall without further action being necessary be constituted as a tax increment finance district in accordance with the remaining provisions of this Chapter.
Section 31-12-210. Obligations secured by the special tax allocation fund set forth in Section 31-12-270 for the redevelopment project area may be issued by the municipality upon the request of the authority to provide for redevelopment project costs. The obligations, when so issued, must be retired in the manner provided in the ordinance authorizing the issuance of the obligations by the receipts of taxes levied as specified in Section 31-12-270 against the taxable property included in the area and other revenue as specified in Section 31-12-310 designated by the municipality or by the authority which source does not involve revenues from any tax or license. In the ordinance authorizing the issuance of the obligations the municipality may pledge all or any part of the funds in and to be deposited in the special tax allocation fund created pursuant to Section 32-12-200 to the payment of the redevelopment project costs and obligations. Any pledge of funds in the special tax allocation fund must provide for distribution to the taxing districts of monies not required for payment and securing of the obligations and the excess funds are surplus funds. In the event a municipality only pledges a portion of the monies in the special tax allocation fund for the payment of redevelopment project costs or obligations, any funds remaining in the special tax allocation fund after complying with the requirements of the pledge are also considered surplus funds. All surplus funds must be distributed annually to the taxing districts in the redevelopment project area by being paid by the municipality to the county treasurer of the county in which the municipality is located. The county treasurer shall immediately thereafter make distribution to the respective taxing districts in the same manner and proportion as the most recent distribution by the county treasurer to the affected districts of real property taxes from real property in the redevelopment project area.
In addition to obligations secured by the special tax allocation fund, the municipality, with the concurrence of the authority evidenced by its resolution, may pledge for a period not greater than the term of the obligations toward payment of the obligations any part of the revenues remaining after payment of operation and maintenance, of all or part of any redevelopment project.
The obligations may be issued in one or more series, may bear such date or dates, may mature at such time or times not exceeding thirty years from their respective dates, may bear such rate or rates of interest as the governing body shall determine, may be in such denomination or denominations, may be in such form, either coupon or registered, may carry such registration and conversion privileges, may be executed in such manner, may be payable in such medium of payment, at such place or places, may be subject to such terms of redemption, with or without premium, may be declared or become due before the maturity date thereof, may provide for the replacement of mutilated, destroyed, stolen, or lost bonds, may be authenticated in such manner and upon compliance with such conditions, and may contain such other terms and covenants, as may be provided by the governing body of the municipality. If the governing body determines to sell any obligations the obligations must be sold at public or private sale in such manner and upon such terms as the governing body considers best for the interest of the municipality.
The obligations must be issued within fifteen years of the creation of the tax increment finance district in accordance with Section 31-12-200.
A certified copy of the ordinance authorizing the issuance of the obligations must be filed with the clerk of the governing body of each county and treasurer of each county in which any portion of the tax municipality is situated and shall constitute the authority for the extension and collection of the taxes to be deposited in the special tax allocation fund.
A municipality also may issue its obligations to refund in whole or in part obligations previously issued by the municipality under the authority of this chapter, whether at or prior to maturity, and all references in this chapter to "obligations" are considered to include these refunding obligations.
The debt incurred by a municipality pursuant to this chapter is exclusive of any statutory limitation upon the indebtedness a taxing district may incur. All obligations issued pursuant to this chapter shall contain a statement on the face of the obligation specifying the sources from which payment is to be made and shall state that the full faith, credit, and taxing powers are not pledged for the obligations.
The trustee or depositary under any indenture may be such persons or corporations as the governing body designates, or they may be nonresidents of South Carolina or incorporated under the laws of the United States or the laws of other states of the United States.
Section 31-12-250. The proceeds from obligations issued under authority of Sections 31-12-200 through 31-12-320 of this chapter must be applied only for the purpose for which they were issued. Any premium and accrued interest received in any such sale must be applied to the payment of the principal of or the interest on the obligations sold. Any portion of the proceeds not needed for redevelopment project costs must be applied to the payment of the principal of or the interest on the obligations.
Section 31-12-260. The obligations authorized by this chapter and the income from the obligations and all security agreements and indentures executed as security for the obligations made pursuant to the provisions of this chapter and the revenue derived from the obligations are exempt from all taxation in the State of South Carolina except for inheritance, estate, or transfer taxes and all security agreements and indentures made pursuant to the provisions of this chapter are exempt from all state stamp and transfer taxes.
Section 31-12-270. A municipality, after the adoption of an ordinance pursuant to Section 31-12-280 concurring in an authority's redevelopment plan, may issue obligations under this chapter upon the request of the redevelopment authority to finance the redevelopment project upon adoption of an ordinance providing that:
(1) after the issuance of the obligations; and
(2) after the total equalized assessed valuation of the taxable real property in a redevelopment project area exceeds the certified "total initial equalized assessed value" established in accordance with Section 31-12-300(B) of all taxable real property in the project area, the ad valorem taxes, if any, arising from the levies upon taxable real property in the project area by taxing districts and tax rates determined in the manner provided in Section 31-12-300(B) each year after the obligations have been issued until obligations issued under this chapter have been retired and redevelopment project costs have been paid must be divided as follows:
(a) that portion of taxes levied upon each taxable lot, block, tract, or parcel of real property which is attributable to the total initial equalized assessed value of all taxable real property in the redevelopment project area must be allocated to and when collected must be paid by the county treasurer to the respective affected taxing districts in the manner required by law in the absence of the adoption of the redevelopment plan; and
(b) that portion, if any, of taxes which is attributable to the increase in the current total equalized assessed valuation of all taxable real property in the redevelopment project area over and above the total initial equalized assessed value of taxable real property in the redevelopment project area must be allocated to and when collected must be paid to the municipality which shall deposit the taxes into a special fund called the special tax allocation fund of the municipality for the purpose of paying redevelopment project costs and obligations incurred in the payment of the costs and obligations. The municipality may pledge in the ordinance the funds in and to be deposited in the special tax allocation fund for the payment of the costs and obligations.
When obligations issued under this chapter have been retired and redevelopment project costs incurred under this chapter have been paid or budgeted pursuant to the redevelopment plan, as evidenced by resolution of the governing body of the municipality, concurred in by resolution of the authority, all surplus funds then remaining in the special tax allocation fund must be paid by the municipal treasurer to the county treasurer who immediately, after receiving the payment, shall pay the funds to the taxing districts in the redevelopment project area in the same manner and proportion as the most recent distribution by the treasurer to the affected districts of real property taxes from real property in the redevelopment project area.
Upon the payment of all redevelopment project costs, retirement of all obligations of a municipality issued under this chapter, and the distribution of any surplus monies pursuant to this section, at least fifteen years having passed since the creation of the tax increment finance district pursuant to Section 31-12-200, the municipality shall adopt an ordinance dissolving the tax allocation fund for the project redevelopment area and terminating the designation of the redevelopment project area as a redevelopment project area for purposes of this chapter. Thereafter, the rates of the taxing districts must be extended and taxes levied, collected, and distributed in the manner applicable in the absence of the adoption of a redevelopment plan and the issuance of obligations under this chapter.
Section 31-12-280. Prior to the issuance of any obligations under this chapter, the municipality shall set forth by way of ordinance the following:
(a) a copy of the redevelopment plan of the authority;
(b) a statement indicating the need for and proposed use of the proceeds of the obligations in relationship to the redevelopment plan;
(c) a list of all real property in the redevelopment project area; and
(d) a statement of the estimated impact of the redevelopment plan upon the revenues of all taxing districts in which a redevelopment project area is located.
Before approving the issuance of any obligations under this chapter, the governing body of the municipality must hold a public hearing on the redevelopment plan after published notice in a newspaper of general circulation in the county in which the tax increment finance district is located not less than fifteen days and not more than thirty days prior to the hearing. The notice shall include:
(1) the time and place of the public hearing;
(2) a notification that all interested persons will be given an opportunity to be heard at the public hearing;
(3) a description of the redevelopment project area, the redevelopment plan, and the redevelopment project; and
(4) the maximum estimated term of obligations to be issued at that time.
Not less than forty-five days prior to the date set for the public hearing, the municipality shall give the same notice to all taxing districts of which taxable property is included in the redevelopment project area.
Adoption of an ordinance approving the issuance of any obligations under this chapter shall not preclude amendments to the redevelopment plan of the authority and any proceeds of obligations issued hereunder may be applied to the implementation of any such amended redevelopment plan.
Section 31-12-290. Carry forward of funds.
During the existence of the special tax allocation fund created pursuant to this chapter, funds not otherwise expended may be carried forward from year to year to be applied to future years obligations and shall not be considered surplus funds subject to distribution under the provisions of Section 31-12-270 unless determined otherwise by resolution of the authority.
Section 31-12-300. (A) If a municipality by ordinance authorizes by ordinance the issuance of obligations pursuant to Section 31-12-210, the auditor of the county in which the municipality is situated, immediately after adoption of the ordinance pursuant to Section 31-12-210, must, upon request of the municipality, determine and certify:
(1) the most recently ascertained equalized assessed value of all taxable real property within the redevelopment project area, as of the date of creation of the authority pursuant to Section 31-12-200, or the date the properties were scheduled for disposal by final action of the federal government in the case of properties added after the date of creation of the authority, which value is the "initial equalized assessed value" of the property; and
(2) the total equalized assessed value of all taxable real property within the redevelopment project area and certifying the amount as the "total initial equalized assessed value" of the taxable real property within the redevelopment project area.
(B) After the county auditor has certified the total initial equalized assessed value of the taxable real property in the area, then in respect to every taxing district containing a redevelopment project area, the county auditor or any other official required by law to ascertain the amount of the equalized assessed value of all taxable property within the district for the purpose of computing the rate percent of tax to be extended upon taxable property within such district, shall in every year that obligations are outstanding for redevelopment projects in the redevelopment area ascertain the amount of value of taxable property in a project redevelopment area by including in the amount the certified total initial equalized assessed value of all taxable real property in the area in lieu of the equalized assessed value of all taxable real property in the area. The rate percent of tax determined must be extended to the current equalized assessed value of all property in the redevelopment project area in the same manner as the rate percent of tax is extended to all other taxable property in the taxing district. The method of extending taxes established under this section terminates when the municipality adopts an ordinance dissolving the special tax allocation fund for the redevelopment project.
Section 31-12-310. Revenues received by the municipality or authority from any property, building, or facility owned by the municipality or authority, or any agency or authority established by the municipality, in the redevelopment project area may be used to pay redevelopment project costs or reduce outstanding obligations of the municipality incurred under this chapter for redevelopment project costs. If the obligations are used to finance the extension or expansion of a system as defined in Section 6-21-40 in the redevelopment project area, all or a portion of the revenues of the system, whether or not located entirely within the redevelopment project area, including the revenues of the redevelopment project, may be pledged to secure the obligations issued under this chapter. The municipality is fully empowered to use any of the powers granted by either or both of the provisions of Chapter 17 of Title 6 (The Revenue Bond Refinancing Act of 1937) or the provisions of Chapter 21 of Title 6 (Revenue Bond Act for Utilities). In exercising the powers conferred by the provisions, the municipality may make any pledges and covenants authorized by any provision of those chapters. The municipality may place the revenues in the special tax allocation fund or a separate fund which must be held by the municipality or financial institution designated by the municipality. Revenue received by the municipality or authority from the sale or other disposition of real property acquired by the municipality or authority with the proceeds of obligations issued under the provisions of this chapter must be deposited by the municipality or authority in the special tax allocation fund of the municipality or a separate fund which must be held by the municipality or authority or a financial institution designated by the municipality or authority, with such proceeds to be used to discharge the obligations issued pursuant to this chapter or otherwise to further the purposes of the redevelopment project. Proceeds of grants may be pledged by the municipality and deposited in the special tax allocation fund or a separate fund.
Section 31-12-320. If the redevelopment project area is located within more than one municipality, the municipalities may jointly approve a redevelopment plan and authorize obligations as provided under the provisions of this chapter."
SECTION 2. Section 6-7-830(a) of the 1976 Code is amended to read:
"(a) All agencies, departments and subdivisions of this State that use real property, as owner or tenant, in any county or municipality in this State shall be subject to the zoning ordinances thereof.
Any county or agency, department or subdivision thereof that uses any real property, as owner or tenant, within the limits of any municipality in this State shall be subject to the zoning ordinances of the municipality.
Any municipality or agency, department or subdivision thereof, that uses any real property, as owner or tenant, within the limits of any county in this State but not within the limits of such municipality shall be subject to the zoning ordinances of the county.
All agencies, departments, and subdivisions of this State, including public or quasi-public entities by whatever name whose board is appointed pursuant to an act of the General Assembly and redevelopment authorities created pursuant to Chapter 12 of Title 31, that use real property, as owner or tenant, in any county or municipality in this State shall be subject to the zoning and subdivision ordinances and regulations thereof.
Any county or agency, department, or subdivision thereof that uses any real property, as owner or tenant, within the limits of any municipality in this State shall be subject to the zoning and subdivision ordinances and regulations of the municipality.
Any municipality or agency, department, or subdivision thereof, that uses any real property, as owner or tenant, within the limits of any county in this State but not within the limits of such municipality shall be subject to the zoning and subdivision ordinances and regulations of the county. Any municipality or agency, department, or subdivision thereof, that uses any real property, as owner or tenant, within the limits of any other municipality in this State but not within its own limits shall be subject to the zoning and subdivision ordinances and regulation of such other municipality.
The provisions of this section shall apply regardless of any cession of jurisdiction to the United States of America pursuant to Chapter 3 of Title 3, or otherwise.
The provisions of this section shall not require any state agency, department, or subdivision to move from facilities occupied on June 18, 1976, regardless of whether or not their location is in violation of municipal or county zoning ordinances.
The provisions of this act do not apply to a home serving nine or fewer mentally or physically handicapped persons provided the home provides care on a twenty-four hour basis and is approved or licensed by a state agency or department or under contract with the agency or department for such purpose. Any such home is construed to be a natural family or such similar term as may be utilized by any county or municipal zoning ordinance to refer to persons related by blood or marriage. Prior to locating the home for such handicapped persons the appropriate state agency or department or the private entity operating the home under contract must first give prior notice to the local governing body administering the pertinent zoning laws, advising of the exact site of any proposed home. The notice must also identify the individual representing the agency, department, or private entity for site selection purposes. If the local governing body objects to the selected site, the governing body must notify the site selection representative of the entity seeking to establish the home within fifteen days of receiving notice and must appoint a representative to assist the entity in selection of a comparable alternate site and/or structure. The site selection representative of the entity seeking to establish the home and the representative of the local governing body, shall select a third mutually agreeable person. The three persons shall have forty-five days to make a final selection of the site by majority vote. Such final selection shall be binding on the entity and the governing body. In the event no selection has been made by the end of the forty-five day period, the entity establishing the home shall select the site without further proceedings. An application for variance or special exception is not required. No person may intervene to prevent the establishment of such a community residence without reasonable justification.
Prospective residents of such homes shall be screened by the licensing agency to insure that such placement is appropriate.
The licensing agency shall conduct reviews of such homes no less frequently than every six months for the purpose of promoting the rehabilitative purposes of the homes and their continued compatibility with their neighborhoods."
SECTION 3. Section 6-31-20(2) of the 1976 Code is amended to read:
"(2) 'Developer' means a person, including a governmental agency or redevelopment authority created pursuant to the provisions of the Military Facilities Redevelopment Law, who intends to undertake any development and who has a legal or equitable interest in the property to be developed."
SECTION 4. Section 6-31-40 of the 1976 Code is amended to read:
"Section 6-31-40. A local government may enter into a development agreement with a developer for the development of property as provided in this chapter provided the property contains twenty-five acres or more of highland. Development agreements involving property containing no more than two hundred fifty acres of highland shall be for a term not to exceed five years. Development agreements involving property containing one thousand acres or less of highland but more than two hundred fifty acres of highland shall be for a term not to exceed ten years. Development agreements involving property containing two thousand acres or less of highland but more than one thousand acres of highland shall be for a term not to exceed twenty years. Development agreements involving property containing more than two thousand acres and development agreements with a developer which is a redevelopment authority created pursuant to the provisions of the Military Facilities Redevelopment Law, regardless of the number of acres of property involved, may be for such term as the local government and the developer shall elect."
SECTION 5. If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.
SECTION 6. This act takes effect upon approval by the Governor.
Amend title to conform.
/s/Robert Ford James J. Bailey /s/Luke A. Rankin /s/Sandra S. Wofford /s/Lawrence E. Richter, Jr. /s/Mark S. Kelley On Part of the Senate. On Part of the House.
Rep. WOFFORD moved to recommit the Conference Report to the Conference Committee, which was agreed to.
The Senate returned to the House with amendments the following:
H. 5094 -- Rep. Rhoad: A BILL TO AMEND SECTION 50-11-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE HUNTING SEASON FOR SMALL GAME, SO AS TO REVISE THE QUAIL SEASON IN GAME ZONE 8.
The Senate amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The Senate returned to the House with amendments the following:
H. 4733 -- Rep. Clyborne: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-57-280 SO AS TO PROVIDE FOR THE DEPOSIT OF MONIES RECEIVED BY A PROPERTY MANAGER, OR BY A BROKER, AS AGENT FOR HIS PRINCIPAL IN A REAL ESTATE TRANSACTION, AND PROVIDE THAT THE MONIES DEPOSITED IN ACCORDANCE WITH THIS SECTION MUST REMAIN WHERE DEPOSITED UNTIL CONSUMMATION OR TERMINATION OF THE TRANSACTION, WHEN THE BROKER SHALL MAKE A FULL ACCOUNTING TO HIS PRINCIPAL.
The Senate amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The Senate returned to the House with amendments the following:
H. 3435 -- Rep. G. Bailey: A BILL TO AMEND SECTION 40-79-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF "BURGLAR ALARM SYSTEM BUSINESS" AND ACTIVITIES WHICH ARE NOT CONSIDERED WITHIN THE MEANING OF THIS DEFINITION, SO AS TO REVISE THIS DEFINITION AND CERTAIN EXCEPTIONS TO IT; TO AMEND SECTION 40-79-50, AS AMENDED, RELATING TO LICENSING OF PERSONS TO ENGAGE IN AN ALARM SYSTEM BUSINESS, SO AS TO FURTHER PROVIDE FOR THE MANNER IN WHICH THE LICENSING BOARD FOR CONTRACTORS MAY DENY A LICENSE APPLICATION; AND TO AMEND SECTION 40-79-140, AS AMENDED, RELATING TO STANDARDS AN APPLICANT MUST MEET TO QUALIFY FOR AN ALARM SYSTEM BUSINESS LICENSE, SO AS TO REVISE CERTAIN OF THESE STANDARDS.
The Senate amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The Senate returned to the House with amendments the following:
H. 3382 -- Reps. Haskins, Davenport, Wilkins, Robinson, Allison, Littlejohn, Cato, Richardson, Kirsh, Fair, Keyserling, Stuart, Thomas, Walker, Graham and D. Wilder: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 15 TO TITLE 37 SO AS TO ENACT THE PRIZES AND GIFTS ACT REQUIRING DISCLOSURE OF INFORMATION PERTAINING TO CONTESTS AND PROMOTIONS INCLUDING WHO IS CONDUCTING THE ACTIVITY, CONDITIONS A CONSUMER MUST MEET TO BE ELIGIBLE, AND COSTS THAT MUST BE INCURRED TO RECEIVE THE PRIZE OR GIFT; PROHIBITING USE OF NOTIFICATIONS THAT RESEMBLE CHECKS OR INVOICES; AND PROVIDING A CIVIL CAUSE OF ACTION, ENFORCEMENT PROVISIONS, AND EXEMPTIONS.
The Senate amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The Senate sent to the House the following:
S. 1429 -- Senator Drummond: A CONCURRENT RESOLUTION TO COMMEMORATE THE NAMING BY THE SOUTH CAROLINA FORESTRY COMMISSION OF AN AREA DEDICATED TO RECREATION AND SPORTING DOG FIELD TRIAL EVENTS, TO BE LOCATED ON SAND HILLS STATE FOREST IN CHESTERFIELD COUNTY, FOR THE HONORABLE DR. H. COOPER BLACK, JR.
Whereas, the members of the General Assembly wish to honor the late Dr. H. Cooper Black, Jr., of Columbia who died October 24, 1993; and
Whereas, Dr. Black, who was born in Orangeburg County, admirably served his fellowman through his chosen vocation as a surgeon in the midlands of South Carolina; and
Whereas, Dr. Black contributed greatly to the Palmetto State's time-honored tradition of sport hunting and the conservation of natural resources through his love for the great outdoors, his active participation in the Sandlapper Field Trial Club, and his service as Chairman of the South Carolina Sporting Dog Commission; and
Whereas, his lifelong interest in and dedication to all aspects of sport hunting and natural resources conservation has left a legacy of true sportsmanship and respect for our natural resources that will inspire generations of South Carolinians to come; and
Whereas, the General Assembly of South Carolina feels it is fitting and proper that this true sportsman, Dr. H. Cooper Black, Jr., is honored by naming an area dedicated to recreation and sporting dog field trial events for him. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That the members of the General Assembly commemorate the naming by the South Carolina Forestry Commission of an area dedicated to recreation and sporting dog field trial events, to be located on Sand Hills State Forest in Chesterfield County, for the Honorable Dr. H. Cooper Black, Jr.
Be it further resolved that a copy of this resolution be forwarded to Dr. Black's widow, Mrs. Jackie Dubose Black.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following Bills and Joint Resolutions were introduced, read the first time, and referred to appropriate committees:
S. 339 -- Senators Giese and Cork: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 2-1-210 SO AS TO LIMIT THE TERMS OF MEMBERS OF STATE BOARDS AND COMMISSIONS APPOINTED BY THE GOVERNOR OR ELECTED BY THE GENERAL ASSEMBLY AND PROVIDE FOR EXCEPTIONS TO AND THE OPERATION OF THE PROVISIONS.
Referred to Committee on Judiciary.
S. 1299 -- Senator Bryan: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-53-85 SO AS TO PROVIDE FOR EDUCATIONAL REQUIREMENTS FOR LICENSURE AS A BAIL BONDSMAN, TO PROVIDE EXCEPTIONS, AND TO PROVIDE PENALTIES.
Referred to Committee on Judiciary.
S. 1369 -- Senators J. Verne Smith, Leatherman and Mescher: A BILL TO AMEND SECTION 40-22-350, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RENEWAL REGISTRATIONS AND FEES FOR PROFESSIONAL ENGINEERS AND PROFESSIONAL LAND SURVEYORS, SO AS TO AUTHORIZE THE STATE BOARD OF REGISTRATION FOR PROFESSIONAL ENGINEERS AND LAND SURVEYORS TO PROMULGATE REGULATIONS REQUIRING DEMONSTRATION OF COMPETENCE FOR REGISTRATION RENEWAL.
Referred to Committee on Labor, Commerce and Industry.
S. 1409 -- Senators McConnell and Passailaigue: A BILL TO RELOCATE THE FOLLY BEACH PUBLIC OYSTER GROUND.
On motion of Rep. J. BAILEY, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
S. 1421 -- Senators Moore and Ryberg: A BILL TO AMEND ACT 268 OF 1989 TO CHANGE THE TAX MILLAGE FOR THE SCHOOL DISTRICT OF AIKEN COUNTY FOR THE YEAR 1994 AND THEREAFTER.
Rep. RUDNICK moved to waive Rule 5.12, which was agreed to by a division vote of 5 to 0.
On motion of Rep. RUDNICK, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
S. 1427 -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO STATE UNDERGROUND PETROLEUM ENVIRONMENTAL RESPONSE BANK (SUPERB) SITE REHABILITATION AND FUND ACCESS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1726, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Referred to Committee on Labor, Commerce and Industry.
S. 1430 -- Senator Setzler: A JOINT RESOLUTION TO DIRECT THE SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION TO INSTALL A TRAFFIC LIGHT AT U.S. HIGHWAY 378 AND NORTH HOOK AVENUE IN WEST COLUMBIA, LEXINGTON COUNTY, BY AUGUST 1, 1994.
Referred to Committee on Invitations and Memorial Resolutions.
S. 1432 -- Senator Mescher: A BILL TO AMEND ACT 1093 OF 1966, AS LAST AMENDED BY ACT 437 OF 1973, RELATING TO THE GOOSE CREEK PARK AND PLAYGROUND COMMISSION, SO AS TO CHANGE THE NAME OF THE COMMISSION TO THE GOOSE CREEK RECREATION COMMISSION.
On motion of Rep. H. BROWN, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
S. 1433 -- Senators Rankin, Elliott and Greg Smith: A BILL TO AMEND TITLE 31, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 12 SO AS TO AUTHORIZE THE CREATION OF A REDEVELOPMENT AUTHORITY TO ACQUIRE AND DISPOSE OF FEDERAL MILITARY INSTALLATIONS, AND TO PROVIDE FOR THE COMPOSITION OF THE AUTHORITY, ITS POWERS, DUTIES, AND RESPONSIBILITIES.
Rep. KELLEY asked unanimous consent to have the Bill placed on the Calendar without reference.
Rep. J. BAILEY objected.
Referred to Committee on Judiciary.
On motion of Rep. RUDNICK, with unanimous consent, it was ordered that S. 1421 be read the second time tomorrow.
The following was introduced:
H. 5251 -- Rep. Boan: A CONCURRENT RESOLUTION EXPRESSING THE CONGRATULATIONS AND BEST WISHES OF THE MEMBERS OF THE GENERAL ASSEMBLY TO MR. STACY SEEGARS, ONE OF THE MOST OUTSTANDING OFFENSIVE LINEMEN IN CLEMSON FOOTBALL HISTORY.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 5252 -- Rep. R. Young: A CONCURRENT RESOLUTION TO CONGRATULATE BETTY JOAN REVELISE VARNER ON THE OCCASION OF HER RETIREMENT FROM THE CHARLESTON COUNTY SCHOOL DISTRICT.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 5253 -- Rep. R. Young: A CONCURRENT RESOLUTION TO CONGRATULATE LOIS RIVERS WYLOT ON THE OCCASION OF HER RETIREMENT FROM THE CHARLESTON COUNTY SCHOOL DISTRICT.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 5254 -- Rep. Walker: A CONCURRENT RESOLUTION CONGRATULATING THE LANDRUM HIGH SCHOOL LADY CARDINALS OF SPARTANBURG COUNTY ON WINNING THE CLASS A SOFTBALL STATE CHAMPIONSHIP FOR 1994.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The roll call of the House of Representatives was taken resulting as follows.
Alexander, M.O. Alexander, T.C. Allison Anderson Askins Bailey, G. Bailey, J. Barber Baxley Boan Breeland Brown, G. Brown, H. Brown, J. Byrd Canty Cato Chamblee Clyborne Cobb-Hunter Cooper Cromer Davenport Delleney Fair Farr Fulmer Gamble Gonzales Govan Graham Hallman Harrell Harrelson Harris, J. Harris, P. Harrison Haskins Hines Hodges Holt Houck Huff Hutson Inabinett Keegan Kelley Kennedy Keyserling Kinon Kirsh Koon Lanford Law Littlejohn Marchbanks Mattos McCraw McKay McMahand McTeer Meacham Moody-Lawrence Neal Neilson Phillips Quinn Rhoad Richardson Riser Robinson Rudnick Scott Sharpe Sheheen Shissias Simrill Smith, D. Smith, R. Spearman Stille Stone Stuart Townsend Trotter Tucker Vaughn Waites Waldrop Walker Wells Whipper White Wilder, D. Wilder, J. Wilkes Wilkins Williams Witherspoon Wofford Worley Wright Young, A.
I came in after the roll call and was present for the Session on Tuesday, May 31.
Timothy F. Rogers Paula H. Thomas Donald W. "Don" Beatty Douglas Jennings, Jr. Joseph T. McElveen, Jr. E.B. McLeod, Jr. Jennings G. McAbee Roland S. Corning John G. Felder Dell Baker James S. Klauber Michael F. Jaskwhich Eugene C. Stoddard John J. Snow, Jr. Morgan Martin C. Lenoir Sturkie Marion P. Carnell B. Hicks Harwell
LEAVE OF ABSENCE
The SPEAKER granted Rep. HARWELL a temporary leave of absence.
Announcement was made that Dr. James R. Buehler of Anderson is the Doctor of the Day for the General Assembly.
Rep. T.C. ALEXANDER moved to adjourn debate upon the following Joint Resolution until Wednesday, June 1, which was adopted.
S. 1422 -- Senator Macaulay: A JOINT RESOLUTION TO PROVIDE FOR AN ADVISORY REFERENDUM IN OCONEE COUNTY TO BE HELD AT THE SAME TIME AS THE 1994 PRIMARIES TO DETERMINE THE WISHES OF THE ELECTORS OF THE COUNTY AS TO WHETHER THE COUNTY SUPERINTENDENT OF EDUCATION MUST BE ELECTED OR APPOINTED BY THE BOARD OF TRUSTEES OF THE OCONEE COUNTY SCHOOL DISTRICT AND TO DETERMINE THE WISHES OF THE ELECTORS OF THE COUNTY AS TO WHETHER THE BOARD OF TRUSTEES OF THE OCONEE COUNTY SCHOOL DISTRICT BE REDUCED IN NUMBER FROM NINE MEMBERS TO FIVE MEMBERS FROM THE SAME SINGLE MEMBER ELECTION DISTRICTS UTILIZED FOR THE ELECTION OF THE MEMBERS OF THE OCONEE COUNTY COUNCIL.
Rep. HODGES moved to adjourn debate upon the following Bill until Wednesday, June 1, which was adopted.
S. 1403 -- Senator Gregory: A BILL TO PROHIBIT THE CITY OF LANCASTER FROM DISCONTINUING SEWER SERVICE TO A PERSON WHO CHOOSES TO DISCONNECT FROM THAT MUNICIPALITY'S WATER SYSTEM AND PROHIBIT THE CITY OF LANCASTER FROM CHARGING AN ASSESSMENT OR FEE TO FORMER CUSTOMERS LOCATED OUTSIDE ITS CORPORATE LIMITS; AND TO EXEMPT FROM REGULATION GROUNDWATER WELLS LOCATED OUTSIDE OF THE CITY OF LANCASTER FOR USE AS A PERSON'S ONLY SOURCE OF WATER.
The following Bills were read the third time, passed and, having received three readings in both Houses, it was ordered that the title of each be changed to that of an Act, and that they be enrolled for ratification.
S. 849 -- Senators Greg Smith, Rankin and Washington: A BILL TO AMEND SECTION 56-3-150, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM VEHICLE REGISTRATION REQUIREMENTS, SO AS TO PROVIDE THAT VEHICLES OWNED BY NONRESIDENTS MAY BE OPERATED FOR A MAXIMUM OF ONE HUNDRED EIGHTY-THREE DAYS WITHIN THIS STATE BEFORE THE NONRESIDENT OWNER MUST REGISTER SUCH VEHICLE.
S. 732 -- Senator Holland: A BILL TO AMEND SECTION 23-45-30(5), CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF SPRINKLER CONTRACTOR'S LICENSE, SO AS TO REQUIRE THAT THE CERTIFICATE HOLDER BE A FULL-TIME EMPLOYEE IN A RESPONSIBLE MANAGEMENT POSITION; TO AMEND SECTION 23-45-140, RELATING TO FEES FOR SPRINKLER PLAN AND SPECIFICATION REVIEW, SO AS TO UPDATE CODES AND STANDARDS TO THE LATEST EDITIONS, TO ADD CODES AND STANDARDS, AND TO DELETE LANGUAGE AUTHORIZING THE STATE FIRE MARSHAL TO CHARGE A FEE FOR SPRINKLER PLAN AND SPECIFICATION REVIEW; AND TO AMEND THE CODE BY ADDING SECTIONS 23-45-145 AND 23-45-147, SO AS TO INCLUDE IN THE "FIRE PROTECTION SPRINKLER SYSTEMS ACT" PROVISIONS OF LAW FOR A FIRE SPRINKLER SYSTEM SPECIFICATION SHEET AND PROVISIONS REGULATING SHOP DRAWINGS IN CONNECTION WITH A FIRE PROTECTION SPRINKLER SYSTEM.
S. 1325 -- Senators Moore, Short and Jackson: A BILL TO AMEND SECTION 20-7-5910, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CHILD FATALITY ADVISORY COMMITTEE, SO AS TO ADD A FORENSIC PATHOLOGIST AND TWO MEMBERS AT LARGE; TO AMEND SECTION 20-7-5915, RELATING TO DUTIES OF THE STATE LAW ENFORCEMENT DIVISION, DEPARTMENT OF CHILD FATALITIES, SO AS TO PROVIDE THAT AN AUTOPSY MUST BE PERFORMED BY A PATHOLOGIST WITH FORENSIC TRAINING RATHER THAN BY A FORENSIC PATHOLOGIST; AND TO AMEND SECTION 17-5-275, RELATING TO AN INSPECTION OF A HOME IN WHICH A CHILD FATALITY OCCURRED SO AS TO PROVIDE THAT THE PETITION MAY BE MADE TO AND AN INSPECTION WARRANT ISSUED BY A LOCAL MAGISTRATE RATHER THAN THE CIRCUIT COURT.
The following Bill was taken up.
H. 4742 -- Reps. McLeod, Sturkie, M.O. Alexander, Allison, Barber, G. Brown, H. Brown, Byrd, Cato, Chamblee, Cromer, Davenport, Delleney, Elliott, Farr, Fulmer, Gamble, Hallman, Harrelson, J. Harris, Harrison, Harvin, Haskins, Holt, Hutson, Jaskwhich, Kirsh, Koon, Lanford, Law, Littlejohn, Mattos, McElveen, McKay, Meacham, Moody-Lawrence, Neilson, Rhoad, Richardson, Riser, Rudnick, Simrill, D. Smith, R. Smith, Snow, Stille, Stone, Stuart, Vaughn, Waldrop, Witherspoon, Wofford, Wright and A. Young: A BILL TO AMEND SECTION 20-7-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS UNDER THE CHILDREN'S CODE, SO AS TO EXPAND THE DEFINITION OF CHILD; TO AMEND SECTION 20-7-390, RELATING TO THE DEFINITION OF CHILD FOR FAMILY COURT JURISDICTION, SO AS TO EXPAND THE DEFINITION; TO AMEND SECTION 20-7-400, AS AMENDED, RELATING TO EXCLUSIVE ORIGINAL JURISDICTION OF THE FAMILY COURT, SO AS TO REDEFINE THE AGE LIMITATIONS FOR PERSONS WHO VIOLATE LOCAL LAWS OR MUNICIPAL ORDINANCES; TO AMEND SECTION 20-7-410, AS AMENDED, RELATING TO FAMILY COURT JURISDICTION OVER JUVENILES FOR VIOLATION OF TRAFFIC AND FISH AND GAME LAWS, SO AS TO DECREASE THE AGE LIMIT FOR JURISDICTION; TO AMEND SECTION 20-7-430, AS AMENDED, RELATING TO JURISDICTION OF CIRCUIT COURTS OVER JUVENILES, SO AS TO DECREASE THE AGE TO FOURTEEN TO TREAT A JUVENILE AS AN ADULT FOR VIOLENT CRIMES AND WEAPON CHARGES AND TO DECREASE THE AGE TO SIXTEEN FOR OTHER CRIMINAL OFFENSES; TO AMEND SECTION 20-7-460, RELATING TO POWER TO ISSUE WRIT OF HABEAS CORPUS, SO AS TO DELETE THE AGE REQUIREMENT AND PROVIDE THE POWER TO PRODUCE A PERSON OVER WHOM THE JUDGE HAS JURISDICTION; TO AMEND SECTION 20-7-2170, AS AMENDED, RELATING TO COMMITMENT OF A CHILD TO THE DEPARTMENT OF JUVENILE JUSTICE, SO AS TO DELETE THE MAXIMUM AGE REQUIREMENT; AND TO AMEND SECTION 20-7-2195, AS AMENDED, RELATING TO TRANSFER OF CHILDREN TO THE YOUTHFUL OFFENDER DIVISION, SO AS TO REDUCE THE AGE TO SIXTEEN OF CHILDREN WHO MAY BE TRANSFERRED.
Rep. HODGES moved to table the Bill, which was agreed to.
The following Bill was taken up, read the second time, and ordered to a third reading:
S. 1370 -- Senators Bryan and O'Dell: A BILL TO AMEND ACT 745 OF 1967, AS AMENDED, RELATING TO THE BOUNDARIES OF WESTERN CAROLINA REGIONAL SEWER AUTHORITY, IS FURTHER AMENDED SO AS TO ADD A NEW AREA TO THE DISTRICT.
The following Bill was taken up.
S. 1269 -- Senator Bryan: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-15-175 SO AS TO ESTABLISH AN INSTRUCTOR'S LICENSE FOR DENTISTS LICENSED IN ANOTHER STATE WHO TEACH DENTAL MEDICINE IN SOUTH CAROLINA FULL-TIME; AND BY ADDING SECTION 40-15-177 SO AS TO ESTABLISH RESTRICTED VOLUNTEER DENTIST AND DENTAL HYGIENIST LICENSES FOR PROVIDING THESE SERVICES ON A VOLUNTEER BASIS TO PERSONS WITHOUT DENTAL INSURANCE OR ACCESS TO OTHER FINANCIAL ASSISTANCE FOR DENTAL CARE.
Debate was resumed on Amendment No. 1, which was proposed on Thursday, May 26, by Rep. HOUCK.
Rep. HOUCK moved to table the amendment, which was agreed to.
Reps. HOUCK and RICHARDSON proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\CYY\16219AC.94), which was adopted.
Amend the bill, as and if amended, by deleting Section 40-15-177(C) and (D) and inserting:
/(C) A dentist with a restricted volunteer license issued under this section only may practice dentistry and perform dental procedures if:
(1) a dentist with an unrestricted license is available on the premises; or
(2) the dentist reviews every thirty days with a local licensed dentist in good standing the cases of all patients treated during the thirty-day period.
(D) A dental hygienist only may practice dental hygiene pursuant to this chapter and regulations promulgated under this chapter for dental hygienists and only under the direct supervision of a licensed dentist./
Amend title to conform.
Rep. HOUCK explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up.
S. 891 -- Senators Short, Greg Smith, Washington and Mescher: A BILL TO AMEND ARTICLE 1, CHAPTER 5, TITLE 43, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING A NEW SECTION 43-5-24, SO AS TO REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO PROVIDE THE DEPARTMENT OF SOCIAL SERVICES INFORMATION ON METHODS OF CONTRACEPTION AND FAMILY PLANNING TO BE DISSEMINATED TO INDIVIDUALS SEEKING ASSISTANCE.
Rep. FAIR proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\CYY\16286AC.94), which was adopted.
Amend the bill, as and if amended, Section 43-5-24, by inserting after /distribute./ on page 1, line 32 /Abortion must not be included in the brochure or information packet provided by the Department of Health and Environmental Control./
Amend title to conform.
Rep. FAIR explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up.
S. 927 -- Senators Giese, Passailaigue, Glover, Hayes, Holland, Lander, Mitchell, O'Dell, Reese, Short, Washington, Rose, Leventis, Wilson, Rankin and J. Verne Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-73-737 SO AS TO PROVIDE THAT AUTOMOBILE LIABILITY AND COLLISION INSURANCE RATES ARE SUBJECT TO A CREDIT IF AN INSURED HAS PASSED AN APPROVED DRIVER TRAINING COURSE, AND TO PROVIDE FOR THE REQUIREMENTS OF THE COURSE.
The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\BBM\9234JM.94), which was rejected.
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 38-73-737. (A) Premium rates charged for liability coverages and collision coverage under a private passenger automobile insurance policy are subject to an appropriate driver training course credit once satisfactory evidence is presented that an applicant for the credit, who is not subject to the youthful operator approved driver training course credit mandated by Regulation 69-13.2(C), has completed successfully an approved driver training course. The amount of the credit may be determined by each individual insurer based upon factually or statistically supported data and is subject to prior approval by the commissioner. The credit must be afforded to the operator for thirty-six months from the date the approved driver training course was completed. The insurer may require as a condition of providing and maintaining the credit, that the insured for a three-year period after course completion not be involved in an accident for which the insured is at fault. The credit must be afforded by each insurer in a nondiscriminatory manner to all applicants, other than those considered within Regulation 69-13.2(C).
(B) 'An approved driver training course' for purposes of this section is a driver training course which has been approved by the Department of Public Safety and was conducted by:
(1) a recognized college or university;
(2) instructors certified by the Department of Public Safety; or
(3) any other school approved and supervised by the Department of Public Safety.
(C) The requirements of the course, in order to qualify for the insurance credit, must include the following minimum criteria:
(1) eight hours of classroom instruction;
(2) the teaching method must include group discussion, lecture, and visual presentations;
(3) the course materials must include age-related physical changes affecting older drivers, accident prevention measures, and a basic review of the rules-of-the-road, including but not limited to, rights of way, backing, entering, and leaving interstate highways; and
(4) a relevant test on the course material.
(D) For purposes of this section 'satisfactory evidence' is a certificate signed by an official of the school or the Department of Public Safety, which certifies that:
(1) the person achieved a passing grade on a relevant test on the course material;
(2) the course was approved by and the instructors were certified by the Department of Public Safety; and
(3) the school was approved and supervised by the Department of Public Safety.
(E) Only the vehicle driven by drivers who have completed successfully the driver training course qualifies for the insurance credit. In order for the credit to apply, the certificate must be furnished by the named insured, principal operator of the insured vehicle, and all occasional operators named in the policy as provided in Department of Insurance Regulation 69-13.1(II)(C). Other vehicles which may be operated by other family members who have not completed the driver training course do not qualify for the insurance credit unless the primary driver of the additional vehicle has successfully completed the driver training course.
(F) Only driver training courses taken on a voluntary basis qualify for the insurance credit. Driver training courses taken as a requirement of a driving offense, including but not limited to, ADSAP or driver training courses taken to reduce the number of traffic violation points against a driver's license, do not qualify for the insurance credit provided in this section."
SECTION 2. Section 38-73-470 of the 1976 Code, as last amended by Sections 783 and 787 of Act 181 of 1993, is further amended to read:
"Section 38-73-470. One dollar Three dollars of the yearly premium for uninsured motorist coverage must be transferred to the South Carolina Department of Public Safety Insurance, payable on a quarterly basis, to provide funds for the costs of enforcing and administering the provisions of Article 3, Chapter 10, title 56 Section 38-73-738."
SECTION 3. The 1976 Code is amended by adding:
"Section 38-73-738. (A) Upon request, the Department of Insurance shall issue to each first time driver's license applicant who is at least fifteen years of age but less than seventeen years of age one driver training voucher. There must be one uniform voucher printed in triplicate on a form determined by the department. The voucher must contain the following information:
(1) holder's name and address;
(2) holder's birth date;
(3) holder's social security number;
(4) the date issued and expiration date;
(5) the signature of the holder;
(6) the name and address of the school district or driver training school;
(7) the use date;
(8) the signature of the school official; and
(9) validation date by the department.
(B) The Director of the Department of Insurance is authorized to promulgate regulations to implement the provisions of (A), including setting the amount of the voucher under this section for the driver education schools licensed by and operating in this State.
(C) If sufficient funds are not collected to pay the costs of operating the voucher system in any one year, the program may be temporarily suspended until adequate funds have accumulated for administration of the voucher system.
(D) 'An approved driver training course' for purposes of this section is a driver training course which has been approved by the South Carolina Department of Education, the South Carolina Department of Public Safety, or any other responsible educational agency and was conducted by:
(1) a recognized secondary school, college, or university;
(2) instructors certified by the South Carolina Department of Education, the South Carolina Department of Public Safety, or other responsible educational agency; or
(3) any other school approved and supervised by the South Carolina Department of Education, the South Carolina Department of Public Safety, or other responsible educational agency.
(4) The requirements of the course must include the following minimum criteria:
(a) eight hours of classroom instruction for commercial driver training school approved courses; thirty hours of classroom instruction for a public or private secondary school course;
(b) six hours of actual on-street practice driving;
(c) instruction on the effects drugs and alcohol have on the operation of motor vehicles and the consequences of drug or alcohol impaired driving; and
(d) a relevant test on the course material.
(E) For purposes of this section 'satisfactory evidence' is a certificate, signed by an official of the school, the South Carolina Department of Education, the South Carolina Department of Public Safety, or other responsible educational agency, which certifies that:
(1) the person achieved a passing grade on a relevant test on the course material;
(2) the course was approved by and the instructors were certified by the South Carolina Department of Education, the South Carolina Department of Public Safety, or other responsible educational agency; and
(3) for schools other than recognized secondary schools, colleges, or universities, the school was approved and supervised by the South Carolina Department of Education, the South Carolina Department of Public Safety, or other responsible educational agency.
(F) Successful completion of a driver training course as provided in this section entitles the person to the driver training credit provided in Regulation 69-13.2(I) for youthful operators.
(G) An applicant for a driver's license who is at least fifteen years of age but less than seventeen years of age is required to successfully complete a driver training course before obtaining a driver's license and to provide certification of completion to the Department of Revenue and Taxation.
(H) Notwithstanding any other provision of law, every driver training school licensed by the State must provide, for the value of the voucher presented, the required class as specified by the Department of Insurance for driver education program purposes, and, if an applicant as described in subsection (A) of this section fails to successfully complete the driver training course as described in this section, the applicant must be entitled, for purposes of the driver training voucher, to one makeup of the driver training course at no cost to him.
(I) The Director of the Department of Insurance may temporarily suspend the program provided for in this section in any area of the State if he determines that sufficient numbers of certified teachers for the course are not available in a particular area."
SECTION 4. The 1976 Code is amended by adding:
"Section 56-1-75. (A) The department shall not issue a driver's license to any person who is at least fifteen years of age but less than seventeen years of age until the applicant has provided the department with evidence of satisfactory completion of an approved driver training course as provided in Section 38-73-738. To defray the cost of taking the course, the applicant may request a driver training voucher from the Department of Insurance as provided for in Section 38-73-738. The Department of Revenue and Taxation shall inform applicants for beginner's permits and driver's licenses of the availability of the voucher.
(B) This requirement does not apply to a beginner's permit as provided in Section 56-1-50; however, it must be complied with before the issuance of a special restricted license as provided for in Section 56-1-180.
(C) The department, upon satisfactory proof that a minor who is at least fifteen years of age but less than seventeen years of age has become a resident of South Carolina and has a valid driver's license from his prior state of residence but has not completed a driver training course, may grant the minor a temporary driver's license under such terms considered necessary by the department to allow the minor to operate a motor vehicle of a specified type or class in this State in order to obtain the driver training course necessary for a driver's license in South Carolina."
SECTION 5. Section 1 takes effect July 1, 1994. Section 2 takes effect October 1, 1994. Section 3 takes effect August 1, 1995. Section 4 takes effect October 1, 1995.
Except as otherwise specifically provided herein, this act takes effect upon approval by the Governor./
Amend title to conform.
Rep. T.C. ALEXANDER explained the amendment.
Rep. STUART moved to table the amendment and demanded the yeas and nays, which were not ordered.
The House refused to table the amendment by a division vote of 11 to 28.
Rep. STUART spoke against the amendment.
Rep. T.C. ALEXANDER spoke in favor of the amendment.
The question then recurred to the adoption of the amendment.
Rep. SIMRILL demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Askins Bailey, G. Barber Baxley Cato Fair Fulmer Gamble Graham Hallman Harrell Harrison Hutson Kinon Marchbanks McKay Neilson Rhoad Robinson Rudnick Sharpe Sheheen Shissias Spearman Stille Trotter Walker Wells Wilder, D. Witherspoon Young, A.
Those who voted in the negative are:
Allison Anderson Beatty Brown, G. Brown, J. Byrd Chamblee Cooper Cromer Davenport Delleney Farr Felder Harris, J. Harris, P. Holt Houck Inabinett Keegan Kennedy Keyserling Kirsh Koon Lanford Littlejohn McCraw McTeer Meacham Moody-Lawrence Phillips Quinn Richardson Riser Rogers Simrill Smith, R. Snow Stone Stuart Thomas Townsend Tucker Vaughn Waites Whipper White Wilder, J. Williams
So, the amendment was rejected.
Rep. T.C. ALEXANDER proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\BBM\9304JM.94), which was adopted.
Amend the bill, as and if amended, by adding the following appropriately-numbered SECTION to read:
/SECTION ___. Section 38-77-350(C) of the 1976 Code, as added by Act 148 of 1989, is amended to read:
"(C) An automobile insurer is not required to make a new offer of coverage on any automobile insurance policy which renews, extends, changes, supersedes, or replaces an existing policy. However, the first renewal notices for existing policies after December 1, 1989, must include the form provided in subsection (A). A policy of automobile insurance offered or issued by a new servicing carrier for the South Carolina Reinsurance Facility to replace a policy previously issued by a former servicing carrier and containing the same coverage limits as the former policy constitutes a valid replacement policy that does not require the new servicing carrier or agent to make a new offer of coverage or to obtain a new application from the insured."/
Renumber sections to conform.
Amend title to conform.
Rep. T.C. ALEXANDER explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following was received.
Columbia, S.C., May 31, 1994
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 665:
S. 665 -- Senator Leventis: A BILL TO AMEND SECTION 35-1-440, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPLICATIONS FOR REGISTRATION OF A SECURITIES BROKER-DEALER, AGENT, INVESTMENT ADVISOR, OR INVESTMENT ADVISOR REPRESENTATIVE, SO AS TO REQUIRE A SOUTH CAROLINA LAW ENFORCEMENT DIVISION CRIMINAL RECORD HISTORY TO BE OBTAINED FOR EACH INITIAL APPLICANT AND ALL CONVICTIONS RECORDED WITHIN SEVEN YEARS OF THE DATE OF THE APPLICATION TO BE NOTED ON THE REGISTRATION, TO REQUIRE A SEARCH OF BANKRUPTCY RECORDS FOR INITIAL APPLICANTS AND ANY ADJUDICATION OF PERSONAL BANKRUPTCY TO BE NOTED ON THE REGISTRATION, AND TO IMPOSE AN ADDITIONAL INITIAL REGISTRATION FEE IN AN AMOUNT SUFFICIENT TO COVER THE COST OF THESE ADDITIONAL REQUIREMENTS.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., May 31, 1994
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 492:
S. 492 -- Senators Wilson, Thomas and Ryberg: A BILL TO AMEND SECTION 17-5-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY OF A CORONER TO CARRY A PISTOL OR OTHER HANDGUN WHILE ENGAGED IN HIS OFFICIAL DUTIES, SO AS TO EXTEND THE AUTHORITY TO DEPUTY CORONERS.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
The following was received from the Senate.
Columbia, S.C., May 31, 1994
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it nonconcurs in the amendments proposed by the House to S. 506:
S. 506 -- Senators Rose and Leventis: A BILL TO REPEAL SECTION 22-5-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ARREST FOR CRIMES COMMITTED IN MAGISTRATE'S PRESENCE.
Very respectfully,
President
On motion of Rep. HODGES, the House insisted upon its amendments.
Whereupon, the Chair appointed Reps. DELLENEY, JENNINGS and A. YOUNG to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.
The following was received from the Senate.
Columbia, S.C., May 31, 1994
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it nonconcurs in the amendments proposed by the House to S. 1040:
S. 1040 -- Senator Bryan: A BILL TO AMEND SECTION 2-15-10 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO INCREASE THE NUMBER OF PUBLIC MEMBERS OF THE LEGISLATIVE AUDIT COUNCIL FROM THREE TO FIVE AND TO PROVIDE THAT ONE MUST BE A LICENSED ATTORNEY.
Very respectfully,
President
On motion of Rep. BOAN, the House insisted upon its amendments.
Whereupon, the Chair appointed Reps. KIRSH, HODGES and CORNING to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.
The following Bill was taken up.
H. 4983 -- Rep. Harrison: A BILL TO AMEND SECTION 29-3-330, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE METHODS OF ENTERING SATISFACTION OF MORTGAGES, SO AS TO PERMIT SATISFACTION OF MORTGAGES RECORDED IN COUNTERPARTS BY SATISFACTIONS EXECUTED IN COUNTERPARTS.
Rep. HARRISON moved to table the Bill, which was agreed to.
The following Bill was taken up.
S. 953 -- Senator Courtney: A BILL TO AMEND SECTION 24-21-520, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PRESENTENCE INVESTIGATIONS OF CRIMINAL SUSPECTS, SO AS TO PROVIDE THAT THE DEFENDANT MAY WAIVE THE PRESENTENCE INVESTIGATION IF PLEADING GUILTY OR NOLO CONTENDERE; AND TO AMEND SECTION 24-21-530, RELATING TO PRESENTENCE INVESTIGATIONS SO AS TO ALLOW WAIVER PURSUANT TO SECTION 24-21-530.
Reps. HODGES and MARTIN proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\N05\7948BDW.94), which was adopted.
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION __. The 1976 Code is amended by adding:
"Section 22-5-580. (A) A statewide pretrial classification program is established to bring about an improvement of magistrates' collections and consideration of information concerning release of persons placed in jail pending disposition of criminal charges. The program must allow magistrates to make more fully informed bail-setting decisions so persons who present low risks of absconding while under appearance recognizance or an appearance bond may be released and persons presenting unacceptably high risks of absconding or committing a crime will continue to be held in custody.
(B) The Department of Probation and Community Supervision shall promulgate regulations by July 1, 1995, in accordance with the Administrative Procedures Act to be used by magistrates in improving the collection and consideration of information on persons requesting release on appearance recognizance or appearance bonds. The regulations developed by the Department of Probation and Community Supervision must include the establishment of a 'point-total' system for pretrail screening of appropriate defendants. This system must establish an amount or range of the recognizance entered into based on the nature of the offense charged, the danger the accused presents to himself and others, the likelihood the accused will flee to avoid trial, and other applicable factors. The regulations also must provide guidance for the collection and verification of relevant information on the person under consideration for the release."/
Renumber sections to conform.
Amend title to conform.
Rep. HODGES explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
Further proceedings were interrupted by expiration of time on the uncontested Calendar.
Rep. BOAN made a statement relative to the Conference Committee on H. 4820, the General Appropriations Bill.
Rep. FARR moved to waive Rule 6.1, which was agreed to.
Rep. BOAN continued speaking.
Rep. HASKINS made a statement relative to H. 4820, the General Appropriations Bill.
Rep. CORNING moved that the House recede until 2:30 P.M.
Rep. A. YOUNG demanded the yeas and nays, which were not ordered.
The motion to recede was agreed to by a division vote of 68 to 44.
Further proceedings were interrupted by the House receding, the pending question being a statement by Rep. HASKINS on the Conference Committee Report.
At 2:30 P.M. the House resumed, the SPEAKER in the Chair.
The question of a quorum was raised.
A quorum was later present.
The SPEAKER granted Rep. PHILLIPS a leave of absence for the remainder of the day.
Rep. HASKINS made a statement relative to H. 4820, the General Appropriations Bill.
Rep. J. WILDER made a statement relative to H. 4820, the General Appropriations Bill.
Rep. RHOAD made a statement relative to H. 4820, the General Appropriations Bill.
Rep. HALLMAN made a statement relative to H. 4820, the General Appropriations Bill.
Rep. COBB-HUNTER made a statement relative to H. 4820, the General Appropriations Bill.
Rep. D. SMITH made a statement relative to H. 4820, the General Appropriations Bill.
Rep. SHEHEEN made a statement relative to H. 4820, the General Appropriations Bill.
Rep. J. WILDER made a statement relative to H. 4820, the General Appropriations Bill.
Rep. WILKES made a statement relative to H. 4820, the General Appropriations Bill.
Rep. FELDER made a statement relative to H. 4820, the General Appropriations Bill.
Rep. CANTY made a statement relative to H. 4820, the General Appropriations Bill.
Rep. SHEHEEN moved to instruct the Conferees to exclude from the Conference Report any extension in the Barnwell facility for out of region waste after July 1, 1994.
Rep. HASKINS moved as a substitute motion to instruct the Conferees to include the acceptance of out of region waste after June of 1994 until December of 1995 and to instruct them that the will of the House is that those funds only be used for nonrecurring items.
Rep. SHEHEEN raised the Point of Order that the substitute motion was out of order as the House was not in the Motion Period and that was the only time that substitute motions were accepted under the Rules.
SPEAKER Pro Tempore WILKINS sustained the Point of Order.
Rep. HASKINS moved to table the motion.
Rep. A. YOUNG demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, T.C. Allison Anderson Baker Beatty Carnell Cato Chamblee Cooper Corning Davenport Fair Felder Fulmer Gamble Graham Harris, P. Harrison Haskins Holt Jaskwhich Jennings Keegan Kelley Kennedy Klauber Koon McCraw McKay Rhoad Riser Robinson Sharpe Shissias Smith, D. Smith, R. Snow Spearman Stille Stoddard Stuart Townsend Trotter Vaughn Walker Wells White Wilder, D. Wilder, J. Wilkes Witherspoon Wright
Those who voted in the negative are:
Alexander, M.O. Askins Bailey, G. Bailey, J. Barber Baxley Boan Breeland Brown, G. Brown, H. Byrd Canty Clyborne Cobb-Hunter Cromer Delleney Farr Gonzales Govan Hallman Harrell Harris, J. Harvin Harwell Hines Hodges Houck Hutson Keyserling Kinon Kirsh Lanford Law Marchbanks Martin Mattos McAbee McElveen McLeod McMahand Meacham Moody-Lawrence Neal Neilson Quinn Richardson Rogers Rudnick Scott Sheheen Simrill Stone Tucker Waites Waldrop Whipper Wilkins Wofford Worley Young, A.
So, the House refused to table the motion.
Sturkie (Present) Nay
Huff (Absent) Aye
Rep. HASKINS moved that the House resolve itself into a Committee of the Whole.
Rep. SHEHEEN demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Baker Beatty Brown, H. Cato Cooper Davenport Fair Felder Harris, P. Harrison Haskins Jaskwhich Jennings Keegan Kelley Kennedy Klauber Koon Quinn Rhoad Riser Sharpe Shissias Smith, D. Smith, R. Snow Vaughn Wells White Wilder, J. Wilkes Witherspoon Wright
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Askins Bailey, G. Bailey, J. Barber Baxley Boan Breeland Brown, G. Byrd Canty Carnell Chamblee Clyborne Cobb-Hunter Corning Cromer Delleney Farr Fulmer Gamble Gonzales Govan Graham Hallman Harrell Harrelson Harris, J. Harvin Harwell Hines Hodges Holt Houck Hutson Keyserling Kinon Kirsh Lanford Law Marchbanks Martin Mattos McAbee McCraw McElveen McKay McLeod McMahand Meacham Moody-Lawrence Neal Neilson Richardson Robinson Rogers Rudnick Scott Sheheen Simrill Spearman Stille Stoddard Stone Sturkie Thomas Townsend Trotter Tucker Waites Waldrop Walker Whipper Wilder, D. Wilkins Williams Wofford Worley Young, A.
So, the House refused to resolve itself into the Committee of the Whole.
Rep. FELDER inquired about the question being presented to the House.
SPEAKER Pro Tempore WILKINS stated that the motion was to instruct the Conferees to exclude from the Conference Report any extension of the Barnwell facility for out of region waste after July 1, 1994.
Rep. FELDER: "Mr. Speaker, to better define that so that we can get a true sense of the House, I would move to divide the question into two parts, one would be nonrecurring, to be used in a nonrecurring matter and the other would be to be used in a recurring matter. That would more define the question. The question before the House is so open-ended, it does not define exactly where the expenditure was going to be made and to better define it, it should be divided."
SPEAKER Pro Tempore WILKINS: "Mr. Felder, if the House instructs the Conferees to exclude any extension, then you don't get in the question of whether it is nonrecurring or recurring. Shouldn't you ask the first question and resolve it, and if the answer is no, we do want to include Barnwell, then the second question would be if that was for recurring or nonrecurring?"
Rep. FELDER: "The way this is going, there is an indication here that if you vote for that motion without that, then the impression is that you are voting for what the Senate did and that is not the question. The question should be whether or not if we want to spend the money that would come from this extension and how we would want them to expend it. That is what our Conferees need."
SPEAKER Pro Tempore WILKINS: "Wouldn't you resolve the dilemma by simply making another motion after the House answers this question and addresses this motion, and phrase it however you want to?"
Rep. FELDER: "I just feel like if it were phrased differently, it would not have the implication that I think is there."
SPEAKER Pro Tempore WILKINS: "Do you have a Point of Order?"
Rep. FELDER: "Yes sir, I made a motion to divide the question."
Rep. SHEHEEN raised the Point of Order that the motion to divide the question was out of order as the question was not divisible.
SPEAKER Pro Tempore WILKINS asked if anyone else would like to be heard on the Point of Order.
Rep. BAKER stated that he believed that was the call of the Chair to decide if the question was divisible or not.
SPEAKER Pro Tempore WILKINS stated that he was getting ready to call it and asked if anyone else would like to be heard.
Rep. ROGERS stated that even if the issue were divisible, that it was not part of the question that was put to the House and it was improper to divide it on that basis.
SPEAKER Pro Tempore WILKINS stated that the motion was not divisible the way it was phrased and he sustained the Point of Order.
Rep. HASKINS raised the Point of Order that there was nothing in the Rules of the House that permitted the procedure that the House was undertaking at this point to take a vote on the sense of the House without going into the Committee of the Whole. He further stated there were no procedures and he knew of no precedents and found no precedents where this Body had voted on a question from the floor, on a motion from the floor without a Bill pending before this Body, without a Conference Report pending before this Body, and if there was a Conference Report pending, then the only vote would be to adopt or reject the Conference Report. He further stated that in order to have the kind of vote that had been proposed here and in order for this House to act as it was acting right now as a Committee and not as the House in session, to be making motions from the floor outside of the Motion Period, that the House must resolve into a Committee of the Whole, or otherwise, the motions were out of order.
SPEAKER Pro Tempore WILKINS: "Are you citing a Rule for that Point of Order?"
Rep. HASKINS: "There is no Rule that permits the House to take motions from the floor outside of the Motion Period. These types of motions are limited to the Motion Period only or to the Committee of the Whole."
SPEAKER Pro Tempore WILKINS: "You are saying then that the Chairman of a Conference Committee cannot come back to this Body and ask for instructions without going into the Committee of the Whole. Is that your Point?"
Rep. HASKINS: "That is exactly my Point. The Conference Report may be presented and the Conference Report may be either approved or rejected by this Body, but to take votes, to get a sense of the House, every precedent in the Journal takes this House and goes into a Committee of the Whole because there are no provisions in our Rules to take a vote and a sense of the House outside the Committee of the Whole. We are acting as a Committee right now."
SPEAKER Pro Tempore WILKINS: "Mr. Boan came before us and he asked that we give him a sense, some direction, and you are saying that the only way to do that is we have to resolve ourselves into a Committee of the Whole. Is that your Point of Order?"
Rep. HASKINS: "That is correct. Otherwise, we would be violating our Rules, we would be taking up an issue that is not provided for in the Rules and not on our calendar and we would be voting on motions from the floor with no Bill pending, motions of advisory nature and the precedent is that that can only be done in the Committee of the Whole."
Rep. BAKER: "Under Mason's, under Committee of the Whole, if you look under Section 657 on page 464, it says to discuss a matter, that the presiding officer may relax the Rules of the House, such as I think we would all agree has been done in this case. But, the final sentence in that section says under this condition, the greater freedom allowed is by general consent, and compliance with any of the rules of procedure may be insisted upon by any member at any time. I think that is what Mr. Haskins is doing now. This is certainly unusual for us to have this much free debate and not be in a Committee of the Whole."
SPEAKER Pro Tempore WILKINS: "Are you referring to Section 657?"
Rep. BAKER: "Yes sir, in particularly the last sentence."
Rep. SHEHEEN: "Mr. Speaker, Mr. Boan interrupted the normal orders of the day as is provided for under our House Rules for a report of the Conference Committee. He is not required to give a final report and ask for an up or down vote on that final report. The precedence of this House shows that we have frequently gone into discussions on Conference Reports. We have frequently heard from appropriations committees conference reports and at that time, have taken votes on the sense of the House. As you well know, going into the Committee of the Whole, the House cannot operate in the same way as it normally does because it cannot order roll calls and under Mason's, cannot instruct anybody. It can't take binding votes. It can only make a recommendation to the full House which either can accept the report of the Committee or not accept the report of the Committee. We are not violating any procedures, and probably, but who is Mr. Haskins to say that we are once he has taken part in it so vigorously?"
Rep. BAKER: "I would take exception to Mr. Sheheen. I have been here eight years and every time that we have had a Conference Committee Report that has been controversial, the way the House has given its sense has been to resolve itself into the Committee of the Whole. Specifically, the capital gains debate approximately six years ago when we went into the Committee of the Whole, and also two years ago when we were debating this very issue, we went into the Committee of the Whole. So, I think Mr. Sheheen is correct when he says that Mr. Boan had interrupted with his Conference Report but I think he is incorrect to say that we have expressed a sense of this Body without going into a Committee of the Whole in response to a Conference Report."
Rep. M.O. ALEXANDER: "Thank you, Mr. Speaker. Is it not true that we already have a sense of the House based on the motion to table Mr. Sheheen's motion just a moment ago. I believe it was around eight or nine votes difference in it, and I believe that right now they have a sense of the House."
SPEAKER Pro Tempore WILKINS: "I'm sure that if you are on the prevailing side on that you feel that is the sense of the House, but I am not so sure that Mr. Haskins would agree that was the sense of the House."
Rep. HASKINS: "To reiterate one item and point out Section 650 of Mason's, the Point of going into the Committee of the Whole, is to allow this Body to take nonbinding votes, to loosen the Rules that we operate under. There is no rule in our Rules that allows the House, the members of the House in session, to take nonbinding votes. Every vote that this Body takes in session is binding. There is no provision to allow this Body to take nonbinding votes and just advise members of our Conference Committee except by going into the Committee of the Whole where the rules are loosened. Section 650 says the purpose of the Committee of the Whole is to permit more free and informal discussion of any question that could be had in a deliberative body acting under its ordinary rules of procedure. And you go on in the following sections, and it explains the rules for a Committee of the Whole and those rules allow for nonbinding sense of the House votes, but our rules don't allow for that kind of a vote. They don't allow us to take nonbinding sense of the House votes by the House in session. The whole point of that, Mr. Speaker, within the Committee of the Whole, you are not allowed to take roll call votes and the votes are not recorded because they are not binding votes. And it would be inappropriate for this Body to be taking roll call votes on nonbinding matters. That is why we have a Committee of the Whole. That is the purpose of putting that in our Rules. That is the way it has always been done and to change the Rules now, to take this vote and loosen the Rules of the House without going into the Committee of the Whole is to do an injustice to this institution and to the Rules under which this institution operates."
Rep. QUINN: "I do this somewhat reluctantly because I voted with the Speaker on this issue, but aren't we arguing the same issue we had during the budget debate? We're altering the calendar. Clearly the Motion Period is the only time that motions are allowed and I am afraid that, if we set a precedent, then we can actually direct conferees; we don't have a free conference request, we don't have any bills to consider, we are right in the middle of the calendar with a situation, and there is nothing to make a motion on. We were informing; we were just giving information, more than anything else."
SPEAKER Pro Tempore WILKINS: "Mr. Felder, you raised the Point? No, Mr. Haskins raised the Point."
Rep. FELDER: "I have one after that."
SPEAKER Pro Tempore WILKINS sustained the Point of Order.
Rep. HASKINS moved that the House resolve itself into a Committee of the Whole.
Rep. SHEHEEN moved that the House do now adjourn.
Rep. HASKINS raised the Point of Order that the motion to resolve itself into a Committee of the Whole was over all other motions.
Rep. SHEHEEN stated that the Rules stated the order of the motions and their priorities and they clearly stated that the motion to adjourn was the highest motion.
SPEAKER Pro Tempore WILKINS overruled the Point of Order.
The question then recurred to the motion that the House do now adjourn.
Rep. CATO demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Anderson Askins Bailey, G. Bailey, J. Barber Baxley Boan Breeland Brown, G. Brown, J. Byrd Canty Carnell Chamblee Cobb-Hunter Delleney Farr Felder Hallman Harrell Harrelson Harris, J. Harvin Harwell Hines Hodges Holt Houck Hutson Inabinett Keyserling Kinon Kirsh Lanford Martin Mattos McAbee McElveen McMahand Moody-Lawrence Neal Neilson Richardson Rogers Rudnick Scott Sheheen Spearman Stille Stoddard Stone Sturkie Thomas Townsend Tucker Waites Waldrop Whipper White Williams Worley
Those who voted in the negative are:
Allison Baker Beatty Brown, H. Cato Clyborne Cooper Corning Cromer Davenport Fair Fulmer Gamble Gonzales Govan Graham Harris, P. Harrison Haskins Jaskwhich Jennings Keegan Kelley Kennedy Koon Law Marchbanks McCraw McKay Meacham Quinn Rhoad Riser Robinson Sharpe Shissias Simrill Smith, D. Smith, R. Snow Trotter Vaughn Walker Wells Wilder, D. Wilder, J. Wilkes Wilkins Witherspoon Wofford Wright
So, the motion to adjourn was agreed to.
The Senate returned to the House with concurrence the following:
H. 5222 -- Rep. Harvin: A CONCURRENT RESOLUTION COMMEMORATING THE FORTIETH ANNIVERSARY OF BROWN VS. BOARD OF EDUCATION, THE LANDMARK UNITED STATES SUPREME COURT DECISION WHICH EFFECTIVELY ENDED RACIAL SEGREGATION IN THE NATION'S PUBLIC SCHOOLS.
H. 5251 -- Rep. Boan: A CONCURRENT RESOLUTION EXPRESSING THE CONGRATULATIONS AND BEST WISHES OF THE MEMBERS OF THE GENERAL ASSEMBLY TO MR. STACY SEEGARS, ONE OF THE MOST OUTSTANDING OFFENSIVE LINEMEN IN CLEMSON FOOTBALL HISTORY.
H. 5252 -- Rep. R. Young: A CONCURRENT RESOLUTION TO CONGRATULATE BETTY JOAN REVELISE VARNER ON THE OCCASION OF HER RETIREMENT FROM THE CHARLESTON COUNTY SCHOOL DISTRICT.
H. 5253 -- Rep. R. Young: A CONCURRENT RESOLUTION TO CONGRATULATE LOIS RIVERS WYLOT ON THE OCCASION OF HER RETIREMENT FROM THE CHARLESTON COUNTY SCHOOL DISTRICT.
H. 5254 -- Rep. Walker: A CONCURRENT RESOLUTION CONGRATULATING THE LANDRUM HIGH SCHOOL LADY CARDINALS OF SPARTANBURG COUNTY ON WINNING THE CLASS A SOFTBALL STATE CHAMPIONSHIP FOR 1994.
At 4:50 P.M. the House in accordance with the motion of Rep. ROBINSON adjourned in memory of Melvin Eugene Owens, to meet at 10:00 A.M. tomorrow.
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