| Printed Page 7460, May 31 | Printed Page 7480, May 31 |

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 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."

"(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.

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

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

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

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

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.

| Printed Page 7460, May 31 | Printed Page 7480, May 31 |