Journal of the House of Representatives
of the Second Session of the 110th General Assembly
of the State of South Carolina
being the Regular Session Beginning Tuesday, January 11, 1994

Page Finder Index

| Printed Page 4820, Apr. 21 | Printed Page 4840, Apr. 21 |

Printed Page 4830 . . . . . Thursday, April 21, 1994

SECTION 3. Section 58-3-40 of the 1976 Code is amended to read:

"Section 58-3-40. The commission shall elect one of their number chairman for a period of two years. The commission shall must be furnished with an office and necessary furniture and stationery and may employ a secretary or clerk."

SECTION 4. The terms of all members of the Public Service Commission serving in office on the effective date of this act shall continue until January 1, 1995, at which time they must be succeeded by the seven members elected in the general election of 1994.

SECTION 5. Section 58-3-26 of the 1976 Code is repealed.

SECTION 6. This act takes effect upon approval by the Governor./

Amend title to conform.

Rep. RUDNICK explained the amendment.

POINT OF ORDER

Rep. QUINN raised the Point of Order that Amendment No. 2 was out of order as it was not germane in that the Bill addressed the General Assembly holding elections based on the census lines for Congressional Districts.

The SPEAKER stated that the Bill dealt with the method of selection for the Public Service Commission and the amendment dealt with that and he overruled the Point of Order.

Rep. RUDNICK continued speaking.

Rep. WILKINS moved to table the amendment.

Rep. RUDNICK demanded the yeas and nays, which were not ordered.

The amendment was then tabled by a division vote of 44 to 25.

Rep. RICHARDSON proposed the following Amendment No. 3, which was adopted.

Amend the bill, as and if amended by, changing Section 2 to read:

This act takes effect in the election cycle of 1998 and upon approval by the Governor.

Rep. RICHARDSON explained the amendment.

The amendment was then adopted.


Printed Page 4831 . . . . . Thursday, April 21, 1994

The Bill, as amended, was read the second time and ordered to third reading.

H. 4092--AMENDED AND OBJECTIONS

The following Bill was taken up.

H. 4092 -- Reps. Thomas, Rogers, Trotter, Barber, Law, Fulmer, Waites, Corning, Harrison, Gamble, Stuart, P. Harris, Witherspoon, Riser, Inabinett, Wofford, Marchbanks, Stille, Allison, J. Wilder, Kelley, McTeer, Jennings, Cooper, Martin, Lanford, D. Wilder, Keegan, Delleney, McAbee, Graham, McElveen and Klauber: A BILL TO AMEND SECTION 20-7-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FAMILY COURT JURISDICTION, SO AS TO AUTHORIZE THE COURT TO REQUIRE A PERSON DELINQUENT IN MAKING CHILD SUPPORT PAYMENTS TO PAY THE ARREARAGE AND INTEREST ON THE ARREARAGE AS PROVIDED FOR MONEY DECREES AND JUDGMENTS.

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\CYY\15694AC.94), which was adopted.

Amend the bill, as and if amended, by deleting Section 1 and inserting:

/SECTION 1. Section 20-7-420 of the 1976 Code is amended by adding an appropriately numbered item to read:

"( ) to require a person who is delinquent in making court-ordered child support payments to pay the arrearage and interest on the arrearage which interest must be calculated at the legal rate pursuant to Section 34-31-20(B), provided, that if the family court judge does not impose interest the judge must state the reason therefor in the order or decree; and provided, further, that any interest collected must be paid to the obligee."/

Amend title to conform.

Rep. HODGES explained the amendment.

The amendment was then adopted.

Rep. ROGERS proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\CYY\15788AC.94).

Amend the bill, as and if amended, by deleting Section 1 and inserting:

/SECTION 1. Section 20-7-420 of the 1976 Code is amended by adding an appropriately numbered item to read:


Printed Page 4832 . . . . . Thursday, April 21, 1994

"( ) to require a person who is delinquent in making child support payments in addition to paying the arrearage, pay interest on the arrearage to be calculated at the legal rate pursuant to Section 34-31-20(A). Any interest collected must be paid to the obligee, subject to normal service charges due the Clerk of Court."/

Renumber items to conform.

Amend title to conform.

Rep. ROGERS explained the amendment.

Reps. WHIPPER, RHOAD, NEILSON, ANDERSON, WHITE, COBB-HUNTER and NEAL objected to the Bill.

Further proceedings were interrupted by expiration of time on the uncontested Calendar.

H. 5154--ADOPTED

The following was introduced:

H. 5154 -- Rules Committee: A HOUSE RESOLUTION TO SET BY SPECIAL ORDER S.1196, RELATING TO THE CREATION OF A REDEVELOPMENT AUTHORITY TO ACQUIRE AND DISPOSE OF FEDERAL MILITARY INSTALLATIONS, FOR SECOND READING OR OTHER CONSIDERATION ON THURSDAY, APRIL 21, 1994, IMMEDIATELY FOLLOWING THE CALL OF THE UNCONTESTED CALENDAR AND TO PROVIDE FOR THE CONTINUING SPECIAL ORDER CONSIDERATION OF S.1196 UNTIL THIRD READING OR OTHER DISPOSITION.

Be it resolved by the House of Representatives:

That S.1196 is set by special order for second reading or other consideration on Thursday, April 21, 1994, immediately following the call of the uncontested calendar and continuing each legislative day immediately following the call of the uncontested calendar until S.1196 is given third reading or it is otherwise disposed of.

Rep. McTEER explained the Resolution.

The Resolution was adopted.


Printed Page 4833 . . . . . Thursday, April 21, 1994

S. 1196--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

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.

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\GJK\20812SD.94), which was adopted.

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

/SECTION 1. Title 31 of the 1976 Code is amended by adding:

"CHAPTER 12

Redevelopment Authority to Acquire and

Dispose of Federal Military Installations

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 if the State, municipalities, and counties 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 will 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,


Printed Page 4834 . . . . . Thursday, April 21, 1994

and all available 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


Printed Page 4835 . . . . . Thursday, April 21, 1994

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 may be 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 public and any other municipal corporations or districts with the power to levy taxes.


Printed Page 4836 . . . . . Thursday, April 21, 1994

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 so 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 Senators representing the county and a majority of the House members representing the county, 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;

(4) one at-large appointment by the Governor.

(C) If the federal property subject to disposal is contained within more than one county, with no portion of such county 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 Senators representing each county and a majority of the House members representing each county, who must be appointed by the Governor;


Printed Page 4837 . . . . . Thursday, April 21, 1994

(2) two representatives of each county, appointed by the 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 municipal governing body; and,

(4) one at-large appointment by the Governor.

(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 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 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 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 one less than the collective number of representatives from all other governing bodies provided for in subsections (D)(1) through (D)(3), 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 one less than the collective number of representatives from all other governing bodies provided for in subsections (D)(1) through (D)(3), appointed by the county governing body; and,

(6) one at-large appointment by the Governor, who shall be a resident of the MSA and who shall vote only in case of a tie.

(E) No member of an authority may be an elected official 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.

(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 federal military installations shall not continue after March 1, 1995. An executive order relating to the purposes of this chapter effective after March 1, 1995, must be consistent with this chapter


Printed Page 4838 . . . . . Thursday, April 21, 1994

and the membership and the duties or powers of an authority may not be increased or diminished by executive order except as is specifically provided in this section as to the composition of membership of the authority. The provisions of this section shall not prohibit the continued existence of any entity originally organized pursuant to an executive order of the Governor but subsequently incorporated as a non-profit organization, but such organization shall not derive any official standing or authority from the executive order after March 1, 1995.

(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 issued prior to the effective date of this Act, the authority may, by its resolution, assume the responsibilities and activities of the entity previously authorized by the executive order, to the extent that they are within its assigned areas of responsibility.

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 at-large 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, absenteeism, conflicts of interest, misconduct, persistent neglect of duty in office, or incapacity, is subject to removal by the appointing officer or body upon any of the foregoing causes being made to appear satisfactory to the appointing officer or body. A member shall receive such compensation as the authority determines, limited to the expenses incurred in the discharge of his duties.

Section 31-12-60. The Governor's at-large appointment shall serve as chairman of any authority initially established for a two year term. After the initial term of a chairman of a newly established authority, the authority shall select a chairman from its membership. The authority shall


Printed Page 4839 . . . . . Thursday, April 21, 1994

select a vice chairman and such other officers as the authority may determine from its membership. 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


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Chapter 27 and 31 of Title 58 and Section 5-7-60, as is or as may hereafter be amended;


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