Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 11:00 A.M., the hour to which it stood adjourned and was called to order by the PRESIDENT.

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

Beloved, hear Phillips' rendering of St. Paul's words to the Thessalonians, Chapter 2 (v.3f):

"Our message to you is true, our motives

are pure, our conduct is absolutely above-

board. We speak under the solemn sense of

being entrusted by God... We do not aim

to please men, but to please God who knows

us through and through."
Let us pray.

Forbid, O Lord, that any word or deed of ours this day shall offend Your Divine Majesty.

Forbid that we should ever omit or fail ever to say the word that should be said; nor fail to act when the time is ripe.

With Your help we fully intend faithfully to tend to the business of our people. Help us to be warm and receptive to every good and worthy cause.

May we, by waiting upon Thee, renew our mental and physical strength, through Christ our Lord.

Amen.

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

May 25, 1994
Mr. President and Members of the Senate:

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

Respectfully,
Carroll A. Campbell, Jr.

Initial Appointment, Member, State Ethics Commission, with term to commence July 1, 1994, and to expire June 30, 1995:

At-Large:

Mr. H. Bowen Woodruff, Young, Clement, Rivers & Tisdale, Post Office Box 993, Charleston, S.C. 29402

Referred to the Committee on Judiciary.

Initial Appointment, Member, State Ethics Commission, with term to commence July 1, 1993, and to expire June 30, 1996:

At-Large:

Mr. John S. Simmons, Willoughby and Hoefer, P.A., Post Office Box 8416, Columbia, S.C. 29202-8416

Referred to the Committee on Judiciary.

Columbia, S.C., May 26, 1994

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.485, H. 4919 by a vote of 3 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,
Speaker of the House

May 25, 1994
Mr. President and Members of the Senate:

I am hereby returning without my signature H. 4919, R-485, 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.

This veto is based upon my belief that H. 4919, R-485 of 1994 is an unconstitutional enactment. It is clearly an Act for a specific county. Article VIII, Section 7 of the Constitution of the State of South Carolina provides that "(n)o laws for a specific county shall be enacted." The act bearing Ratification Number 485 of 1994 provides enabling legislation for a Registration and Elections Commission for Oconee County and abolishes the Office of the Commissioners and the Registration Board for Oconee County. Furthermore, there is some question as to whether this legislation, as in all previous legislation of this type, is in violation of Article III, Section 34 of the South Carolina Constitution.

For these reasons, I believe that R-485 is not appropriate for my signature and I am, therefore, returning this Act to you without my signature.

Sincerely,
Carroll A. Campbell, Jr.
Governor

(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.

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

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

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

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

Bryan Cork Courson
Courtney Drummond Elliott
Ford Giese Glover
Gregory Hayes Holland
Jackson Land Lander
Leatherman Leventis Macaulay
Martin Matthews McConnell
McGill Mescher Mitchell
Moore O'Dell Passailaigue
Patterson Peeler Rankin
Reese Richter Rose
Russell Ryberg Setzler
Short Smith, G. Smith, J.V.
Stilwell Thomas Waldrep
Washington Williams Wilson

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

Senator WILLIAMS asked unanimous consent to make a motion that the Senate go into Executive Session prior to adjournment.

Senator CORK objected.

Senator MESCHER introduced Dr. Norman Walsh of Charleston, S.C., Doctor of the Day.

On motion of Senator WILLIAMS at 11:00 A.M., Senator SALEEBY requested a leave of absence for today.

At 12:00 Noon, Senator WASHINGTON requested a leave of absence until 5:00 P.M.

At 12:15 P.M., Senator ROSE requested a leave of absence for the balance of the day.

Columbia, S.C., May 26, 1994

Mr. President and Senators:

The House respectfully informs your Honorable Body that it refuses to concur in the amendments proposed by the Senate to:
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.
Very respectfully,
Speaker of the House

On motion of Senator McCONNELL, the Senate insisted upon its amendments to S. 1196 and asked for a Committee of Conference.

Whereupon, the PRESIDENT appointed Senators FORD, RICHTER and RANKIN of the Committee of Conference on the part of the Senate and a message was sent to the House accordingly.

Columbia, S.C., May 26, 1994

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 3168 -- Rep. Kirsh: A BILL TO AMEND SECTION 30-1-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PENALTY FOR UNLAWFULLY REMOVING, DEFACING, OR DESTROYING A PUBLIC RECORD, SO AS TO INCREASE THE PENALTY FOR VIOLATION.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
Speaker of the House

Received as information.

Columbia, S.C., May 26, 1994

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 3890 -- Reps. McAbee, Kelley, Worley, Keegan, Witherspoon and Sturkie: A BILL TO AMEND TITLE 45, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HOTELS, MOTELS, RESTAURANTS, AND BOARDING HOUSES, BY ADDING CHAPTER 2, THE LODGING ESTABLISHMENT ACT, SO AS TO GOVERN THE LAWFUL USE OF LODGING ESTABLISHMENTS AND PROVIDE PENALTIES FOR VIOLATIONS.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
Speaker of the House

Received as information.

Columbia, S.C., May 26, 1994

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has appointed Reps. Wilkins, Hodges and Jennings of the Committee of Free Conference on the part of the House on:
H. 4070 -- Reps. Sheheen and Wilkins: A BILL TO AMEND SECTION 8-13-100, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITIONS USED IN THE ETHICS, GOVERNMENT ACCOUNTABILITY, AND CAMPAIGN REFORM ACT OF 1991, SO AS TO PROVIDE THAT THE DEFINITION OF "CANDIDATE" ALSO MEANS A PERSON ON WHOSE BEHALF WRITE-IN VOTES ARE SOLICITED.
Very respectfully,
Speaker of the House

Received as information.

Columbia, S.C., May 26, 1994

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has adopted the report of the Committee of Free Conference on:
H. 4070 -- Reps. Sheheen and Wilkins: A BILL TO AMEND SECTION 8-13-100, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITIONS USED IN THE ETHICS, GOVERNMENT ACCOUNTABILITY, AND CAMPAIGN REFORM ACT OF 1991, SO AS TO PROVIDE THAT THE DEFINITION OF "CANDIDATE" ALSO MEANS A PERSON ON WHOSE BEHALF WRITE-IN VOTES ARE SOLICITED.
Very respectfully,
Speaker of the House

Received as information.

H. 4070 -- Reps. Sheheen and Wilkins: A BILL TO AMEND SECTION 8-13-100, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITIONS USED IN THE ETHICS, GOVERNMENT ACCOUNTABILITY, AND CAMPAIGN REFORM ACT OF 1991, SO AS TO PROVIDE THAT THE DEFINITION OF "CANDIDATE" ALSO MEANS A PERSON ON WHOSE BEHALF WRITE-IN VOTES ARE SOLICITED.

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

Senator STILWELL spoke on the report.

On motion of Senator STILWELL, with unanimous consent, Free Conference Powers were granted.

Whereupon, the PRESIDENT appointed Senators MOORE, STILWELL and WASHINGTON to the Committee of Free Conference on the part of the Senate and a message was sent to the House accordingly.

On motion of Senator STILWELL, the Report of the Committee of Free Conference to H. 4070 was adopted as follows:

The COMMITTEE OF FREE CONFERENCE, to whom was referred:
H. 4070 -- Reps. Sheheen and Wilkins: A BILL TO AMEND SECTION 8-13-100, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITIONS USED IN THE ETHICS, GOVERNMENT ACCOUNTABILITY, AND CAMPAIGN REFORM ACT OF 1991, SO AS TO PROVIDE THAT THE DEFINITION OF "CANDIDATE" ALSO MEANS A PERSON ON WHOSE BEHALF WRITE-IN VOTES ARE SOLICITED.
Beg leave to report that they have duly and carefully considered the same and recommend:

That the same do pass with the following amendments:

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

SECTION 1. Section 2-17-10 of the 1976 Code, as last amended by Act 248 of 1991, is further amended by adding an appropriately numbered item to read:

"( ) `Official capacity' means activities which:

(a) arise because of the position held by the public official or public employee;

(b) involve matters which fall within the official responsibility of the agency, the public official, or the public employee; and

(c) are services the agency would normally provide and for which the public official or public employee would be subject to expense reimbursement by the agency with which the public official or public employee is associated."

SECTION 2. Section 2-17-10(14) of the 1976 Code, as last amended by Act 248 of 1991, is further amended to read:

"(14) `Lobbyist's principal' means the person on whose behalf and for whose benefit the lobbyist engages in lobbying and who directly employs, appoints, or retains a lobbyist to engage in lobbying. However, a lobbyist's principal does not include a person who belongs to an association or organization that employs a lobbyist, nor an employee, officer, or shareholder of a person who employs a lobbyist. If a membership association or organization is a lobbyist's principal, the association or organization must register and report under the provisions of this chapter. A person is considered a lobbyist's principal only as to the public office or public body to which he has authorized, pursuant to this chapter, a lobbyist to engage in lobbying."

SECTION 3. Section 2-17-20(B)(2) of the 1976 Code, as last amended by Act 248 of 1991, is further amended to read:

"(2) an identification of the public office or public body which the lobbyist will engage in lobbying and the subject matter in which the lobbyist will engage in lobbying, including the name of legislation, covered agency actions, or covered gubernatorial actions, if known; and"

SECTION 4. Section 2-17-20(B) of the 1976 Code, as last amended by Act 248 of 1991, is further amended by adding a new item to read:

"(4) If a lobbyist fails to identify the public office or public body for which he is authorized to engage in lobbying, as required by item (2) of this subsection, then the lobbyist's principal for whom the lobbyist is authorized to engage in lobbying is deemed a lobbyist's principal as to all public offices or public bodies of the State."

SECTION 5. Section 2-17-25(B)(3) of the 1976 Code, as added by Act 248 of 1991, is amended to read:

"(3) an identification of the public office or public body which the lobbyist's principal will authorize lobbying and the subject matter in which the lobbyist's principal will authorize lobbying, including the name of legislation, covered agency actions, or covered gubernatorial actions, if known; and"

SECTION 6. Section 2-17-25(B) of the 1976 Code, as last amended by Act 248 of 1991, is further amended by adding a new item to read:

"(5) If a lobbyist's principal fails to identify the public office or public body for which he has authorized lobbying as required by item (3) of this subsection, then the lobbyist's principal is deemed a lobbyist's principal as to all public offices or public bodies of the State."

SECTION 7. The first paragraph of Section 2-17-30 of the 1976 Code, as last amended by Act 248 of 1991, is further amended to read:

"Section 2-17-30. (A) Each lobbyist, no later than April first tenth and October first tenth of each year, must file a report with the State Ethics Commission covering that lobbyist's lobbying during that filing period. The filing periods shall be from January first to March thirty-first for the April tenth report and shall be from April first to September thirtieth for the October tenth report. Any lobbying activity not reflected on the October tenth report and not reported on a statement of termination pursuant to Section 2-17-20(C) must be reported no later than December thirty-first of that year. Each report must be in a form prescribed by the State Ethics Commission and be limited to and contain:"

SECTION 8. The first paragraph of Section 2-17-35 of the 1976 Code, as added by Act 248 of 1991, is amended to read:

"(A) Except as otherwise provided by Section 2-17-90(E), each lobbyist's principal, no later than April first tenth and October first tenth of each year, must file a report with the State Ethics Commission covering that lobbyist's principal's expenditures attributable to lobbying during that filing period. The filing periods shall be from January first to March thirty-first for the April tenth report and shall be from April first to September thirtieth for the October tenth report. Any lobbying activity not reflected on the October tenth report and not reported on a statement of termination pursuant to Section 2-17-25(C) must be reported no later than December thirty-first of that year. Each report must be in a form prescribed by the State Ethics Commission and be limited to and contain:"

SECTION 9. Section 2-17-65(C) of the 1976 Code, as added by Act 248 of 1991, is amended to read:

"(C) If, after notification by the State Ethics Commission that a required statement has not been filed, the person fails to file the necessary notices and reports, the State Ethics Commission shall, upon a finding of probable cause, notify the Attorney General who shall proceed under the provisions of Section 2-17-70 file a complaint against the person in accordance with the provisions of Section 8-13-320(9) and (10)."

SECTION 10. Section 2-17-90(C) of the 1976 Code, as added by Act 248 of 1991, is amended to read:

"(C) Except as otherwise provided by subsection (E), any public official or any public employee who is required to file a statement of economic interests under Section 8-13-1110 and who accepts lodging, transportation, entertainment, food, meals, or beverages under subsection (A) or (G) must report on his statement of economic interests pursuant to Section 8-13-1120 the value of anything received."

SECTION 11. Section 2-17-90(F) of the 1976 Code, as added by Act 248 of 1991, is amended to read:

"(F) The provisions of this section do not apply to a public official or a public employee who pays for his lodging, transportation, entertainment, meals, food, or beverages at a function to which he has been invited by a lobbyist's principal or to a public official or a public employee who pays the face value of a ticket to attend a ticketed event sponsored by a lobbyist's principal when the ticketed event is open to the general public."

SECTION 12. Section 2-17-90 of the 1976 Code, as added by Act 248 of 1991, is amended by adding:

"(G) Notwithstanding any other provisions of this section, a public official or public employee may accept lodging, transportation, entertainment, food, meals, beverages, or an invitation to a function paid for by a lobbyist's principal if it is provided to the public official or public employee solely on the basis that the spouse of the public official or public employee is an official or employee of the providing lobbyist's principal and the spouse's receipt of the lodging, transportation, entertainment, food, meals, beverages, or invitation is purely incidental to the spouse's office or employment with the lobbyist's principal and the public official or public employee is receiving it only as the spouse of an official or employee of the providing lobbyist's principal."

SECTION 13. Section 2-17-100 of the 1976 Code, as added by Act 248 of 1991, is amended to read:

"Section 2-17-100. A public official or a public employee acting in an official capacity may not receive anything of value from a lobbyist's principal for speaking before a public or private group. A public official or public employee is not prohibited by this section from accepting a meal provided in conjunction with a speaking engagement where all participants are entitled to the same meal and the meal is incidental to the speaking engagement. Notwithstanding the limitations of Section 2-17-90, a public official or public employee may receive payment or reimbursement for actual expenses incurred for a speaking engagement. The expenses must be reasonable and must be incurred in a reasonable time and manner in which to accomplish the purpose of the engagement. The payment or reimbursement must be disclosed by the lobbyist's principal as required by Section 2-17-35 and by any public official or public employee who is required to file a statement of economic interests under Section 8-13-1100 8-13-1110. A public official or public employee required to file a statement of economic interests under Section 8-13-1110 must report on his statement of economic interests the organization which paid for or reimbursed actual expenses, the amount of such payment or reimbursement, and the purpose, date, and location of the speaking engagement. A public official or public employee who is not required to file a statement of economic interests but who is paid or reimbursed actual expenses for a speaking engagement must report this same information in writing to the chief administrative official or employee of the agency with which the public official or public employee is associated.

If the expenses are incurred out of state, the public official or public employee incurring the expenses must receive prior written approval for the payment or reimbursement from:

(1) the Governor, in the case of any a public official of any a state agency who is not listed in a subitem an item below;

(2) any statewide constitutional officer, in the case of himself;

(3) the President Pro Tempore of the Senate, in the case of a member of the Senate; or

(4) the Speaker of the House, in the case of a member of the House of Representatives; or

(5) the chief executive of a department of the State or any state board, commission, agency, or authority, including committees of any such body, by whatever name known, in all other cases."

SECTION 14. Section 8-13-100(5) of the 1976 Code, as added by Act 248 of 1991, is amended to read:

"(5) `Candidate' means a person who seeks appointment, nomination for election, or election to a state or local office, or authorizes or knowingly permits the collection or disbursement of money for the promotion of his candidacy or election. It also means a person on whose behalf write-in votes are solicited if the person has knowledge of such solicitation. `Candidate' does not include a person within the meaning of Section 431(b) of the Federal Election Campaign Act of 1976."

SECTION 15. Section 8-13-100(12) of the 1976 Code, as added by Act 248 of 1991, is amended to read:

"(12) `Election' means:

(a) a general, special, primary, or runoff election;

(b) a convention or caucus of a political party held to nominate a candidate; or

(c) the election of delegates to a constitutional convention for proposing amendments to the Constitution of the United States or the Constitution of this State; or

(d) a ballot measure."

SECTION 16. Section 8-13-100 of the 1976 Code, as added by Act 248 of 1991, is amended by adding an appropriately numbered item to read:

"( ) `Official capacity' means activities which:

(a) arise because of the position held by the public official, public member, or public employee;

(b) involve matters which fall within the official responsibility of the agency, the public official, the public member, or the public employee; and

(c) are services the agency would normally provide and for which the public official, public member, or public employee would be subject to expense reimbursement by the agency with which the public official, public member, or public employee is associated."

SECTION 17. Section 8-13-100 of the 1976 Code, as added by Act 248 of 1991, is amended by adding an appropriately numbered item to read:

"( ) `State board, commission, or council' means an agency created by legislation which has statewide jurisdiction and which exercises some of the sovereign power of the State."

SECTION 18. The first six lines of Section 8-13-320(9) of the 1976 Code, as last amended by Act 184 of 1993, are further amended to read:

"(9) to initiate or receive complaints and make investigations, as provided in item (10), of statements filed or allegedly failed to be filed under the provisions of this chapter and Chapter 17 of Title 2 and, upon complaint by an individual, of an alleged violation of this chapter or Chapter 17 of Title 2 by a public official, public member, or public employee except members of or candidates for the General Assembly unless otherwise provided for under House or Senate rules. Any person charged with a violation of this chapter or Chapter 17 of Title 2 is entitled to the administrative hearing process contained in this section."

SECTION 19. Section 8-13-320(10)(f) of the 1976 Code, as last amended by Act 184 of 1993, is further amended to read:

"(f) The commission may order testimony to be taken in any investigation or hearing by deposition before a person who is designated by the commission and has the power to administer oaths and, in these instances, to compel testimony. The commission may administer oaths and affirmation for the testimony of witnesses and issue subpoenas by approval of the chairman, subject to judicial enforcement, and issue subpoenas for the procurement of witnesses and materials including books, papers, records, documents, or other tangible objects relevant to the agency's investigation by affirmative vote of a majority of the members of the commission approval of the chairman, subject to judicial enforcement. A person to whom a subpoena has been issued may move before a commission panel or the commission for an order quashing a subpoena issued under this section."

SECTION 20. Chapter 13, Title 8 of the 1976 Code is amended by adding:

"Section 8-13-325. The State Ethics Commission shall retain fees generated by the registration of lobbyists and lobbyist's principals to offset costs associated with the administration and regulation of lobbyists and lobbyist's principals."

SECTION 21. Section 8-13-715 of the 1976 Code, as added by Act 248 of 1991, is amended to read:

"Section 8-13-715. A public official, public member, or public employee acting in an official capacity may not receive anything of value for speaking before a public or private group. A public official, public member, or public employee is not prohibited by this section from accepting a meal provided in conjunction with a speaking engagement where all participants are entitled to the same meal and the meal is incidental to the speaking engagement. Notwithstanding the limitations of Section 2-17-90, a public official, or public member, or public employee may receive payment or reimbursement for actual expenses incurred for a speaking engagement. The expenses must be reasonable and must be incurred in a reasonable time and manner in which to accomplish the purpose of the engagement. A public official, public member, or public employee required to file a statement of economic interests under Section 8-13-1110 must report on his statement of economic interests the organization which paid for or reimbursed actual expenses, the amount of such payment or reimbursement, and the purpose, date, and location of the speaking engagement. A public official, public member, or public employee who is not required to file a statement of economic interests but who is paid or reimbursed actual expenses for a speaking engagement must report this same information in writing to the chief administrative official or employee of the agency with which the public official, public member, or public employee is associated.

If the expenses are incurred out of state, the public official, or public member, or public employee incurring the expenses must receive prior written approval for the payment or reimbursement from:

(1) the Governor, in the case of a public official of a state agency who is not listed in an item in this section;

(2) a statewide constitutional officer, in the case of himself;

(3) the President Pro Tempore of the Senate, in the case of a member of the Senate;

(4) the Speaker of the House, in the case of a member of the House of Representatives; or

(5) the chief executive of the governmental entity in all other cases."

SECTION 22. Section 8-13-740(A)(4) and (5) of the 1976 Code, as last amended by Act 248 of 1991, are further amended to read:

"(4) A public official, public member, or public employee of a county, an individual with whom the public official, public member, or public employee is associated, or a business with which the public official, public member, or public employee is associated may not knowingly represent a person before any an agency, unit, or subunit of that county for which the public official, public member, or public employee has official responsibility except:

(a) as required by law; or

(b) before a court under the unified judicial system.

(5) A public official, public member, or public employee of a municipality, an individual with whom the public official, public member, or public employee is associated, or a business with which the public official, public member, or public employee is associated may not knowingly represent a person before any agency, unit, or subunit of that municipality for which the public official, public member, or public employee has official responsibility except as required by law."

SECTION 23. Section 8-13-740(A)(6) of the 1976 Code, as last amended by Act 248 of 1991, is further amended to read:

"(6) A public employee, other than those specified in items (4) and (5) of this subsection, receiving compensation other than reimbursement or per diem payments for his official duties, an individual with whom he is associated, or a business with which he is associated may not knowingly represent a person before an entity on the same level of government for which the public official, public member, or public employee has official responsibility except:

(a) as required by law;

(b) before a court under the unified judicial system; or

(c) in a contested case, as defined in Section 1-23-310, excluding a contested case for a rate or price fixing matter before the South Carolina Public Service Commission or the South Carolina Insurance Commission, or in an agency's consideration of the drafting and promulgation of regulations under Chapter 23 of Title 1 in a public hearing."

SECTION 24. Section 8-13-740(A)(6) of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"(6) A public employee, other than those specified in items (4) and (5) of this subsection, receiving compensation other than reimbursement or per diem payments for his official duties, an individual with whom he is associated, or a business with which he is associated may not knowingly represent a person before an entity on the same level of government for which the public official, public member, or public employee has official responsibility except:

(a) as required by law;

(b) before a court under the unified judicial system; or

(c) in a contested case, as defined in Section 1-23-310, excluding a contested case for a rate or price fixing matter before the South Carolina Public Service Commission or the South Carolina Department of Insurance, or in an agency's consideration of the drafting and promulgation of regulations under Chapter 23 of Title 1 in a public hearing."

SECTION 25. Section 8-13-775 of the 1976 Code, as added by Act 248 of 1991, is amended to read:

"Section 8-13-775. A public official, public member, or public employee may not have an economic interest in a contract with the State or its political subdivisions if the public official, public member, or public employee is authorized to perform an official function relating to the contract. Official function means writing or preparing the contract specifications, acceptance of bids, award of the contract, or other action on the preparation or award of such the contract. This section is not intended to infringe on or prohibit public employment contracts with this State or a political subdivision of this State nor does it prohibit the award of contracts awarded through a process of public notice and competitive bids if the public official, public member, or public employee has not performed an official function regarding the contract."

SECTION 26. Section 8-13-785 of the 1976 Code, as added by 248 of 1991, is amended to read:

"Section 8-13-785. (A) Nothing in Chapter 13 of Title 8 prevents an elected official from communicating, in writing, with a board or commission member or employee, on behalf of a constituent relating to delays in obtaining a hearing, discourteous treatment, scheduling, or other matters not affecting the outcome of pending matters, provided that the elected official, an individual with whom the elected official is associated, or a business with which the elected official is associated is not representing the constituent for compensation.

(B) The provisions of Articles 1 through 11 of this chapter do not prohibit a public official from contracting with the State or a governmental entity when the contract is awarded in accordance with Chapter 35 of Title 11."

SECTION 27. Section 8-13-1110(B) of the 1976 Code, as added by Act 248 of 1991, is amended to read:

"(B) Each of the following public officials, public members, and public employees must file a statement of economic interests with the appropriate supervisory office, unless otherwise provided:

(1) a person appointed to fill the unexpired term of an elective office;

(2) a salaried member of a state board, commission, or agency;

(3) the chief administrative official or employee and the deputy or assistant administrative official or employee or director of a division, institution, or facility of any agency or department of state government;

(4) the city administrator, city manager, or chief municipal administrative official or employee, by whatever title;

(5) the county manager, county administrator, county supervisor, or chief county administrative official or employee, by whatever title;

(6) the chief administrative official or employee of each political subdivision including, but not limited to, school districts, libraries, regional planning councils, airport commissions, hospitals, community action agencies, water and sewer districts, and development commissions;

(7) a school district and county superintendent of education;

(8) a school district board member and a county board of education member;

(9) the chief finance official or employee and the chief purchasing official or employee of each agency, institution, or facility of state government, and of each county, municipality, or other political subdivision including, but not limited to, those named in item (6);

(10) a public official;

(11) a public member who serves on a state board, commission, or council;

(12) a consultant".

SECTION 28. Section 8-13-1120(A)(3) and (4) of the 1976 Code, as added by Act 248 of 1991, is amended to read:

"(3)(a) the description, value, and location of all real property owned and options to purchase real property during the reporting period by a filer or a member of the filer's immediate family if:

(i) there have been any public improvements of more than two hundred dollars on or adjacent to the real property within the reporting period and the public improvements are known to the filer; or

(ii) the interest can reasonably be expected to be the subject of a conflict of interest; or

(b) if the a sale, lease, or rental of personal or real property is to a state, county, or municipal instrumentality of government, a copy of the contract, lease, or rental agreement must be attached to the statement of economic interests; or

(4) the sale, lease, or rental of personal property by the filer or a member of the filer's immediate family if the sale, lease, or rental of personal property is to a state, county, or municipal instrumentality of government. In the sales, leases, or rentals, a copy of the contract, lease, or rental agreement must be attached to the statement of economic interests the name of each organization which paid for or reimbursed actual expenses of the filer for speaking before a public or private group, the amount of such payment or reimbursement, and the purpose, date, and location of the speaking engagement;"

SECTION 29. Section 8-13-1120(A)(6)(a) of the 1976 Code, as added by Act 248 of 1991, is amended to read:

"(6)(a) a listing by name and address of each creditor to whom the filer or member of the filer's immediate family owed a debt in excess of five hundred dollars at any time during the reporting period, if the creditor is subject to regulation by the filer or is seeking or has sought a business or financial arrangement with the filer's agency or department other than for a credit card or retail installment contract, and the original amount of the debt and amount outstanding unless:"

SECTION 30. Chapter 13, Title 8 of the 1976 Code is amended by adding:

"Section 8-13-1125. Notwithstanding Sections 2-17-90(C) and 8-13-710, the reporting requirement of Section 8-13-1120(A)(9) does not apply to an event to which a member of the General Assembly is invited by a lobbyist's principal, regardless of whether or not the member attended the event, if the invitation was extended to the entire membership of the House, Senate, or General Assembly, and the invitation was accepted by the House or Senate Invitations Committee pursuant to House or Senate rules."

SECTION 31. Chapter 13, Title 8 of the 1976 Code is amended by adding:

"Section 8-13-1127. The House and Senate Invitations Committees shall keep an updated list of invitations accepted by the body. The list must be available for public inspection during regular business hours."

SECTION 32. Section 8-13-1150 of the 1976 Code, as added by Act 248 of 1991, is amended to read:

"Section 8-13-1150. A consultant must file a statement of economic interests for the previous calendar year with the appropriate supervisory office no later than twenty-one days after entering into a contractual relationship with the State or a political subdivision of the State and must file an update within ten days from the date the consultant knows or should have known that new economic interests in an entity have arisen in which the consultant or a member of the consultant's immediate family has economic interests:

(1) where the entity's bid was evaluated by the consultant and who was subsequently awarded the contract by the State, county, municipality, or a political subdivision of any of these entities that contracted with the consultant; or

(2) where the entity was awarded a contract by the consultant."

SECTION 33. Section 8-13-1160 of the 1976 Code, as added by Act 248 of 1991, is amended to read:

"(A) The Senate Ethics Committee and the House of Representatives Ethics Committee must forward a copy of each statement filed with it to the State Ethics Commission within two five business days of receipt.

(B) Within two five business days of receipt, a copy of all statements of economic interests received by the State Ethics Commission must be forwarded to the clerk of court in the county of residence of the filing official or employee."

SECTION 34. Section 8-13-1300(4) of the 1976 Code, as added by Act 248 of 1991, is amended to read:

"(4) `Candidate' means a person who seeks appointment, nomination for election, or election to a statewide or local office, or authorizes or knowingly permits the collection or disbursement of money for the promotion of his candidacy or election. It also means a person on whose behalf write-in votes are solicited if the person has knowledge of such solicitation. `Candidate' does not include a candidate within the meaning of Section 431(b) of the Federal Election Campaign Act of 1976."

SECTION 35. Section 8-13-1300(7) of the 1976 Code, as added by Act 248 of 1991, is amended to read:

"(7) `Contribution' means a gift, subscription, loan, guarantee upon which collection is made, forgiveness of a loan, an advance, in-kind contribution or expenditure, a deposit of money, or anything of value made to a candidate or committee to influence an election or ballot measure; or payment or compensation for the personal service of another person which is rendered for any purpose to a candidate or committee without charge. `Contribution' does not include volunteer personal services on behalf of a candidate or committee for which the volunteer receives no compensation from any source."

SECTION 36. Section 8-13-1300(9) of the 1976 Code, as added by Act 248 of 1991, is amended to read:

"(9) `Election' means:

(a) a general, special, primary, or runoff election;

(b) a convention or caucus of a political party held to nominate a candidate; or

(c) the election of delegates to a constitutional convention for proposing amendments to the Constitution of the United States or the Constitution of this State. ; or

(d) a ballot measure."

SECTION 37. Section 8-13-1300(17) of the 1976 Code, as added by Act 248 of 1991, is amended to read:

"(17) `Independent expenditure' means:

(a) an expenditure made by a person to advocate the election or defeat of a clearly identified candidate or ballot measure; and

(b) when taken as a whole and in context, the expenditure made by a person expressly to urge a particular result in an election but which is not:

(i) made to;

(ii) controlled by;

(iii) coordinated with;

(iv) requested by; or

(v) made upon consultation with a candidate or an agent of a candidate.

Expenditures by party committees or expenditures by legislative caucus committees based upon party affiliation are considered to be controlled by, coordinated with, requested by, or made upon consultation with a candidate or an agent of a candidate."

SECTION 38. Section 8-13-1300(23) of the 1976 Code, as added by Act 248 of 1991, is amended to read:

"(23) `Noncandidate committee' means a committee that is not a campaign committee for a candidate but is organized to influence an election or to support or oppose a candidate, or public official, or ballot measure, which receives contributions or makes expenditures in excess of five hundred dollars in the aggregate during an election cycle. `Noncandidate committee' does not include political action committees that contribute solely to federal campaigns."

SECTION 39. Section 8-13-1308 of the 1976 Code, as added by Act 248 of 1991, is amended to read:

"Section 8-13-1308. (A) Upon the receipt or expenditure of campaign contributions totaling, in an accumulated aggregate, five hundred dollars or more, a candidate or committee required to file a statement of organization pursuant to Section 8-13-1304 must file an initial certified campaign report within ten days of these initial receipts or expenditures. However, a candidate or a committee that does not receive or expend campaign contributions totaling, in an accumulated aggregate, five hundred dollars or more must file an initial certified campaign report fifteen days before an election as provided in subsection (D).

(B) Following the filing of an initial certified campaign report, additional certified campaign reports must be filed within ten days following the end of each calendar quarter in which contributions are received or expenditures are made, whether before or after an election until the campaign account undergoes final disbursement pursuant to the provisions of Section 8-13-1370.

(C) Campaign reports filed by a candidate must be certified by the candidate. Campaign reports filed by a committee must be certified by a duly authorized officer of the committee.

(D)(1) At least fifteen days before an election, a certified campaign report must be filed showing contributions of more than one hundred dollars and expenditures to or by the candidate or committee for the period ending twenty days before the election. The candidate or committee must maintain a current list during the twenty-day period before the election commencing at the beginning of the calendar quarter of the election of all contributions of more than one hundred dollars. The list must be open to public inspection upon request.

(2) A committee immediately shall file a campaign report listing expenditures if it makes an independent expenditure or an incurred expenditure within twenty days the calendar quarter in which the election is conducted or twenty days before the election, whichever period of time is greater, before the election in excess of:

(a) ten thousand dollars in the case of a candidate for statewide office; or

(b) two thousand dollars in the case of a candidate for any other office.

(3) In the event of a runoff election, candidates or committees are not required to file another campaign report in addition to the reports already required under this section. However, records must remain open to public inspection upon request between the election and the runoff.

(E) Notwithstanding the provisions of subsections (B) and (D), if a pre-election campaign report provided for in subsection (D) is required to be filed within thirty days of the end of the prior quarter, a candidate or committee must combine the quarterly report provided for in subsection (B) and the pre-election report and file the combined report subject to the provisions of subsection (D) no later than fifteen days before the election.

(F) Certified campaign reports detailing campaign contributions and expenditures must contain:

(1) the total of contributions accepted by the candidate or committee;

(2) the name and address of each person making a contribution of more than one hundred dollars and the date of receipt of each contribution;

(3) the total expenditures made by or on behalf of the candidate or committee;

(4) the name and address of each person to whom an expenditure is made from campaign funds, including the date, amount, purpose, and beneficiary of the expenditure."

SECTION 40. Section 8-13-1310(B) of the 1976 Code, as added by Act 248 of 1991, is amended to read:

"(B) The Senate Ethics Committee and the House of Representatives Ethics Committee must forward a copy of each statement filed with it to the State Ethics Commission within two five business days of receipt."

SECTION 41. Section 8-13-1310(C) of the 1976 Code, as added by Act 248 of 1991, is amended to read:

"(C) Within two five days of receipt, a copy of all campaign reports received by the State Ethics Commission must be forwarded to the State Election Commission and the clerk of court in the county of residence of the person required to file."

SECTION 42. Section 8-13-1346 of the 1976 Code, as added by Act 248 of 1991, is amended to read:

"Section 8-13-1346. (A) A person may not use or authorize the use of public funds, property, or time to influence the outcome of an election.

(B) This section does not prohibit the incidental use of time and materials for preparation of a newsletter reporting activities of the body of which a public official is a member.

(C) This section does not prohibit the expenditure of public resources by a governmental entity to prepare informational materials, conduct public meetings, or respond to news media or citizens' inquiries concerning a ballot measure affecting that governmental entity; however, a governmental entity may not use public funds, property, or time in an attempt to influence the outcome of a ballot measure."

SECTION 43. Section 8-13-1354 of the 1976 Code, as added by Act 248 of 1991, is amended to read:

"Section 8-13-1354. A candidate, committee, or other person who which makes an independent expenditure in the distribution, posting, or broadcasting of a communication to voters supporting or opposing a public official, a candidate, or a ballot measure must place his name and address on the printed matter or have his name spoken clearly on a broadcast so as to identify accurately the person and his address. Campaign buttons, balloons, yard signs, or similar items are exempt from this requirement."

SECTION 44. Section 8-13-1356(C) of the 1976 Code, as added by Act 248 of 1991, is amended to read:

"(C) The official with whom the candidate files a declaration of candidacy or petition for nomination must, no later than five business days after candidacy books close receiving a candidate's statement of economic interests under subsection (B), must file a copy of the statement with the appropriate supervisory office."

SECTION 45. The 1976 Code is amended by adding:

"Section 8-13-1374. The failure to file a report or statement with the appropriate supervisory office, as required under the provisions of this chapter, is deemed to have occurred in Richland County."

SECTION 46. All proceedings pending and all rights and liabilities existing, acquired, or incurred at the time this act takes effect are saved. This act may not be construed to affect any prosecution pending or begun before the effective date of this act.

SECTION 47. Section 2-17-70 of the 1976 Code is repealed.

SECTION 48. This act takes effect upon approval by the Governor, except SECTION 24, which takes effect July 1, 1995. Provided, however, any changes in reporting requirements pursuant to the provisions of this act shall apply only to transactions occurring on or after January 1, 1995.

Amend title to conform.

/s/Thomas L. Moore /s/David H. Wilkins
/s/H. Samuel Stilwell /s/James H. Hodges
/s/McKinley Washington, Jr. /s/Douglas Jennings, Jr.

On Part of the Senate. On Part of the House.

, and a message was sent to the House accordingly.

Columbia, S.C., May 26, 1994

Mr. President and Senators:

The House respectfully informs your Honorable Body that the report of the Committee of Free Conference having been adopted by both Houses, and this Bill having been read three times in each House, it was ordered that the title thereof be changed to that of an Act, and that it be enrolled for ratification:
H. 4070 -- Reps. Sheheen and Wilkins: A BILL TO AMEND SECTION 8-13-100, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITIONS USED IN THE ETHICS, GOVERNMENT ACCOUNTABILITY, AND CAMPAIGN REFORM ACT OF 1991, SO AS TO PROVIDE THAT THE DEFINITION OF "CANDIDATE" ALSO MEANS A PERSON ON WHOSE BEHALF WRITE-IN VOTES ARE SOLICITED.
Very respectfully,
Speaker of the House

Received as information.

Columbia, S.C., May 25, 1994

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 4494 -- Reps. J. Bailey, Corning, McElveen, Quinn and Scott: A BILL TO AMEND SECTION 38-31-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS AND DUTIES OF THE SOUTH CAROLINA PROPERTY AND CASUALTY INSURANCE GUARANTY ASSOCIATION, SO AS TO PROVIDE THAT A COVERED CLAIM DOES NOT INCLUDE ANY CLAIM FILED WITH THE ASSOCIATION AFTER THE FINAL DATE SET BY A COURT FOR THE FILING OF CLAIMS AGAINST THE LIQUIDATOR OR RECEIVER OF AN INSOLVENT INSURER OR ANY CLAIM FILED WITH THE ASSOCIATION MORE THAN EIGHTEEN MONTHS AFTER THE DECLARATION OF INSOLVENCY, WHICHEVER DATE OCCURS FIRST.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
Speaker of the House

Received as information.

Columbia, S.C., May 26, 1994

Mr. President and Senators:

The House respectfully informs your Honorable Body that the report of the Committee of Conference having been adopted by both Houses, and this Bill having been read three times in each House, it was ordered that the title thereof be changed to that of an Act, and that it be enrolled for ratification:
H. 4681 -- Reps. McElveen, Sheheen, Wilkins, Phillips, McTeer, Rogers, Farr, McCraw, Shissias, J. Bailey, Meacham, G. Brown, Waites, Cobb-Hunter, Barber, Tucker, Houck, Martin, Kirsh, Wright, Moody-Lawrence, Chamblee, Stille, McLeod, Stoddard, Simrill, Sturkie, D. Wilder, Cooper, Townsend, Hodges, Stuart, Allison, Walker, Snow, Boan, Gamble, Vaughn, Jaskwhich, Delleney, Wells, Neilson, Haskins, Davenport, Hines, Littlejohn, Cato, Beatty, Robinson, Lanford and Jennings: A BILL TO ENACT THE "SOUTH CAROLINA SCHOOL-TO-WORK TRANSITION ACT OF 1994" SO AS TO ESTABLISH A SCHOOL-TO-WORK SYSTEM TO EQUIP ALL STUDENTS WITH RELEVANT ACADEMIC SKILLS, MARKETABLE OCCUPATIONAL SKILLS, AND APPROPRIATE WORK-PLACE BEHAVIORS, TO ACCOMPLISH THE ABOVE THROUGH REVISIONS IN ACADEMIC AND VOCATIONAL CURRICULUM, ESTABLISHMENT OF CAREER EXPLORATION AND COUNSELING INITIATIVES, AND A PROGRAM OF APPRENTICESHIPS, MENTORSHIPS, AND WORK-PLACE EXPERIENCES, TO PROVIDE THAT BEGINNING WITH THE 1995-96 SCHOOL YEAR AND UNDER CERTAIN CONDITIONS, COMPLETION OF APPLIED ACADEMIC COURSES IN MATHEMATICS, SCIENCE, AND COMMUNICATIONS SKILLS SHALL FULFILL HIGH SCHOOL COURSE PREREQUISITE REQUIREMENTS AS EQUIVALENT TO PRECOLLEGE CURRICULUM REQUIREMENTS FOR APPLICANTS TO FOUR-YEAR POST-SECONDARY INSTITUTIONS, TO ESTABLISH A COMMITTEE TO STUDY AND MAKE RECOMMENDATIONS CONCERNING STATE TAX CREDITS FOR WORK-BASED PROGRAMS, HOW TO MAXIMIZE GOVERNMENT AND PRIVATE FUNDING FOR EDUCATION, AND WORKERS' COMPENSATION, INSURANCE AND LIABILITY ISSUES RELATING TO THE SCHOOL-TO-WORK SYSTEM; AND TO AMEND SECTION 41-13-20, RELATING TO CHILD LABOR, SO AS TO PROVIDE THAT NO CHILD UNDER THE AGE OF EIGHTEEN DURING THE REGULAR SCHOOL YEAR MAY WORK MORE THAN TWENTY HOURS A WEEK AND TO PROVIDE EXCEPTIONS.
Very respectfully,
Speaker of the House

Received as information.

Columbia, S.C., May 26, 1994

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 4843 -- Reps. Tucker, P. Harris, McCraw, D. Smith, Phillips, Wilkins and Haskins: A JOINT RESOLUTION TO DIRECT THE DEPARTMENT OF TRANSPORTATION TO CONDUCT A STUDY OF THE U. S. INTERSTATE I-85 CORRIDOR IN GREENVILLE, SPARTANBURG, ANDERSON, AND CHEROKEE COUNTIES FOR THE PURPOSE OF DEVELOPING A TWENTY-YEAR PLAN FOR BETTER TRAFFIC MANAGEMENT AND TO REPORT THE FINDINGS TO THE GENERAL ASSEMBLY.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
Speaker of the House

Received as information.

H. 4460 -- Rep. McTeer: A BILL TO AMEND SECTION 9-1-1140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ESTABLISHING PRIOR SERVICE CREDIT FOR PURPOSES OF THE SOUTH CAROLINA RETIREMENT SYSTEM, SO AS TO PROVIDE THAT SERVICE CREDIT MAY BE ESTABLISHED FOR MATERNITY LEAVE AS PROVIDED BY LAW IF THE MEMBER APPLIED FOR REEMPLOYMENT WITHIN TWO YEARS OF GOING ON MATERNITY LEAVE AND WAS REHIRED WITHIN TWO AND ONE-HALF YEARS OF THE BEGINNING OF THE LEAVE.

The House returned the Bill with amendments.

Senator LEATHERMAN proposed the following amendment (JIC\6133HTC.94), which was adopted:

Amend the bill, as and if amended, by striking SECTION 3 and inserting:

/ SECTION 3. In a hardship case, the Director of the Division of Insurance Services of the State Budget and Control Board may waive up to two years of the ten years of service requirements of Section 1-11-730(C) of the 1976 Code for state-paid health insurance benefits for a retiree. This waiver authority does not extend to the last five consecutive years' requirement and the waiver authority allowed by this section terminates December 15, 1995. /

Amend title to conform.

Senator LEATHERMAN explained the amendment.

There being no further amendments, the Bill was amended and ordered returned to the House with amendments.

On motion of Senator WILLIAMS, with unanimous consent, the Senate agreed to go into Executive Session prior to adjournment.

H. 4403 -- Reps. Holt, Harrelson, Harvin and Mattos: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-1-290 SO AS TO PROVIDE REQUIREMENTS FOR RAISED DEER STANDS USED AT DEER HUNTS OFFERED TO THE PUBLIC BY THE DEPARTMENT OF NATURAL RESOURCES.

Senator HOLLAND asked unanimous consent to make a motion to recall the Bill from the Committee on Fish, Game and Forestry.

There was no objection.

On motion of Senator HOLLAND, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

H. 4864 -- Rep. Richardson: A BILL TO AMEND SECTION 59-17-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ALTERATION OR DIVISION OF SCHOOL DISTRICTS, SO AS TO PROVIDE THAT IF CERTAIN PETITION REQUIREMENTS ARE SATISFIED, THE COUNTY BOARD OF EDUCATION IS REQUIRED TO ALTER OR DIVIDE THE SCHOOL DISTRICTS CONCERNED IN THE MANNER STIPULATED IN THE PETITION, AND TO PROVIDE THAT IF CERTAIN OTHER PETITION REQUIREMENTS ARE SATISFIED, THE COUNTY BOARD OF EDUCATION IS REQUIRED TO CALL THE REFERENDUMS CONCERNING THE ALTERATION OR DIVISION OF THE AFFECTED SCHOOL DISTRICTS, AND IF THE RESULTS OF THE REFERENDUMS ARE FAVORABLE IN EACH OF THE SCHOOL DISTRICTS, THE COUNTY BOARD OF EDUCATION IS REQUIRED TO ALTER OR DIVIDE THE SCHOOL DISTRICTS IN THE MANNER STIPULATED.

Senator McGILL asked unanimous consent to make a motion to recall the Bill from the Committee on Education.

Senator STILWELL objected.

H. 5027 -- Reps. Breeland, Waldrop, Holt, Hallman, Inabinett, Fulmer, Jaskwhich, J. Bailey, Spearman, Govan, McMahand, Scott, Whipper, White, Kennedy, Law, Anderson, Williams, G. Bailey, Hines, Phillips, Harrell, Byrd, Keyserling, J. Brown and Canty: A BILL TO AMEND SECTION 59-30-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE BASIC SKILLS ASSESSMENT PROGRAM, SO AS TO FURTHER PROVIDE FOR CERTAIN OPTIONS WHICH MUST BE OFFERED TO A STUDENT WHO HAS EXITED THE SCHOOL SYSTEM AT THE END OF THE TWELFTH GRADE WITHOUT HAVING PASSED THE EXIT EXAM, INCLUDING A REQUIREMENT THAT A SUMMER TESTING OF THE EXIT EXAM FOLLOWING A SUMMER REMEDIATION PROGRAM MUST BE OFFERED TO THESE STUDENTS.

Senator SETZLER asked unanimous consent to make a motion to recall the Bill from the Committee on Education.

There was no objection.

On motion of Senator SETZLER, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

H. 5053 -- Rep. M.O. Alexander: A BILL TO AMEND SECTION 42-7-200, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE WORKERS' COMPENSATION UNINSURED EMPLOYERS' FUND, SO AS TO, AMONG OTHER THINGS, DELETE CERTAIN PROVISIONS AND PROVIDE THAT WHEN AN EMPLOYEE MAKES A CLAIM FOR BENEFITS PURSUANT TO TITLE 42 AND THE RECORDS OF THE WORKERS' COMPENSATION COMMISSION INDICATE THAT THE EMPLOYER IS OPERATING WITHOUT INSURANCE, THE WORKERS' COMPENSATION UNINSURED EMPLOYERS' FUND OR ANY PERSON DESIGNATED BY THE DIRECTOR MAY SUBPOENA THE EMPLOYER OR ITS AGENTS AND REQUIRE THE PRODUCTION OF ANY DOCUMENTS OR RECORDS WHICH THE FUND CONSIDERS RELEVANT TO ITS INVESTIGATION OF THE CLAIM.

Senator LAND asked unanimous consent to make a motion to recall the Bill from the Committee on Judiciary.

There was no objection.

On motion of Senator LAND, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

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.

Senator MATTHEWS asked unanimous consent to make a motion to recall the Resolution from the Committee on Education.

There was no objection.

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

The Concurrent Resolution was adopted, ordered returned to the House.

The following were introduced:

S. 1434 -- Senator Mitchell: A BILL TO AMEND TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 120 SO AS TO ENACT THE "MEDICAL SAVINGS ACCOUNT ACT".

Read the first time and referred to the Committee on Medical Affairs.

S. 1435 -- Senator Mitchell: A JOINT RESOLUTION TO DIRECT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO DEVELOP AND IMPLEMENT A BONDING PROCEDURE REQUIRING CASH BONDING OF ALL SITES AT WHICH HAZARDOUS, TOXIC, OR NUCLEAR WASTE IS STORED OR DISPOSED OF.

Read the first time and referred to the Committee on Medical Affairs.

S. 1436 -- Senator Mitchell: A BILL TO AMEND TITLE 44, CHAPTER 6, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 8 SO AS TO ENACT THE MEDICAID INSURANCE DEMONSTRATION PROJECT ACT.

Read the first time and referred to the Committee on Medical Affairs.

S. 1437 -- Senator McGill: A SENATE RESOLUTION CONGRATULATING GREELEYVILLE ELEMENTARY SCHOOL OF WILLIAMSBURG COUNTY ON BEING CHOSEN AS A WINNER OF THE NATIONAL BLUE RIBBON SCHOOLS AWARD.

The Senate Resolution was adopted.

S. 1438 -- Senator McGill: A SENATE RESOLUTION CONGRATULATING LAKE CITY PRIMARY SCHOOL OF FLORENCE COUNTY ON BEING CHOSEN AS A WINNER OF THE NATIONAL BLUE RIBBON SCHOOLS AWARD.

The Senate Resolution was adopted.

S. 1439 -- Senator Matthews: A SENATE RESOLUTION EXPRESSING THE BEST WISHES OF THE MEMBERS OF THE SENATE TO DR. KARL S. WRIGHT, DEAN OF SOUTH CAROLINA STATE UNIVERSITY SCHOOL OF BUSINESS AND PAST CHAIRMAN OF THE FRANK L. RODDEY SMALL BUSINESS DEVELOPMENT CENTER (SBDC) CONSORTIUM, ON THE OCCASION OF HIS DEPARTURE FROM SOUTH CAROLINA STATE UNIVERSITY.

The Senate Resolution was adopted.

H. 5232 -- Rep. Anderson: A CONCURRENT RESOLUTION CONGRATULATING DR. NORMAN P. PEARSON, SR. ON HIS SILVER ANNIVERSARY AS PASTOR OF NEW PROSPECT MISSIONARY BAPTIST CHURCH OF WILLIAMSTON.

On immediate consideration, the Concurrent Resolution was adopted, ordered returned to the House.

H. 5235 -- Rep. G. Bailey: A CONCURRENT RESOLUTION TO CONGRATULATE THE DORCHESTER ACADEMY RAIDERS ON WINNING THE SOUTH CAROLINA INDEPENDENT SCHOOL ATHLETIC ASSOCIATION'S CLASS AAA GIRLS BASKETBALL STATE CHAMPIONSHIP.

On immediate consideration, the Concurrent Resolution was adopted, ordered returned to the House.

H. 5236 -- Reps. J. Brown, Byrd, Corning, Cromer, Harrison, Neal, Quinn, Rogers, Scott, Shissias and Waites: A CONCURRENT RESOLUTION COMMENDING AND THANKING DR. JOHN R. STEVENSON OF COLUMBIA FOR HIS EXCELLENT AND DEDICATED SERVICE AS SUPERINTENDENT OF RICHLAND SCHOOL DISTRICT ONE, AND WISHING HIM HAPPINESS AND SUCCESS FOLLOWING HIS RETIREMENT.

On immediate consideration, the Concurrent Resolution was adopted, ordered returned to the House.

H. 5239 -- Rep. Tucker: A CONCURRENT RESOLUTION TO CONGRATULATE THE T. L. HANNA YELLOW JACKETS ON WINNING THE SOUTH CAROLINA CLASS AAA HIGH SCHOOL STATE GOLF CHAMPIONSHIP.

On immediate consideration, the Concurrent Resolution was adopted, ordered returned to the House.

H. 5240 -- Rep. Tucker: A CONCURRENT RESOLUTION TO EXPRESS THE SYMPATHY OF THE GENERAL ASSEMBLY OF SOUTH CAROLINA TO THE FAMILY AND FRIENDS OF LAURA JAN JONES WATSON OF SPARTANBURG UPON HER UNTIMELY DEATH.

On immediate consideration, the Concurrent Resolution was adopted, ordered returned to the House.

H. 5241 -- Rep. Tucker: A CONCURRENT RESOLUTION CONGRATULATING THE GIRLS TRACK TEAM OF T.L. HANNA HIGH SCHOOL OF ANDERSON ON WINNING ITS SECOND CONSECUTIVE STATE TITLE IN CLASS AAA.

On immediate consideration, the Concurrent Resolution was adopted, ordered returned to the House.

H. 5242 -- Rep. Tucker: A CONCURRENT RESOLUTION CONGRATULATING T.L. HANNA HIGH SCHOOL OF ANDERSON ON WINNING THE CLASS AAA BOYS STATE TRACK CHAMPIONSHIP FOR 1994.

On immediate consideration, the Concurrent Resolution was adopted, ordered returned to the House.

H. 5243 -- Rep. Tucker: A CONCURRENT RESOLUTION CONGRATULATING JOYCE PEEBLES OF PENDLETON HIGH SCHOOL ON HER PHENOMENAL SUCCESS AND CHAMPIONSHIP HONORS AT THE 1994 CLASS AA GIRLS TRACK MEET IN COLUMBIA.

On immediate consideration, the Concurrent Resolution was adopted, ordered returned to the House.

H. 5244 -- Rep. Tucker: A CONCURRENT RESOLUTION TO EXTEND CONGRATULATIONS AND BEST WISHES TO DR. SALLIE CARTER UPON RECEIVING THE SUSAN B. McWHORTER OUTSTANDING WOMAN PROFESSIONAL AWARD FROM THE ASSOCIATION OF WOMEN PROFESSIONALS.

On immediate consideration, the Concurrent Resolution was adopted, ordered returned to the House.

H. 5245 -- Rep. G. Brown: A CONCURRENT RESOLUTION COMMENDING MR. JOSEPH E. SUMMEROUR, JR. FOR HIS COMMITMENT TO EXCELLENCE IN EDUCATION.

On immediate consideration, the Concurrent Resolution was adopted, ordered returned to the House.

H. 5246 -- Rep. G. Brown: A CONCURRENT RESOLUTION COMMENDING MR. RAYMOND REICH FOR HIS COMMITMENT TO EXCELLENCE IN EDUCATION.

On immediate consideration, the Concurrent Resolution was adopted, ordered returned to the House.

H. 5247 -- Rep. G. Brown: A CONCURRENT RESOLUTION COMMENDING DR. PEGGY CAIN FOR HER OUTSTANDING SERVICE AND COMMITMENT TO PUBLIC EDUCATION.

On immediate consideration, the Concurrent Resolution was adopted, ordered returned to the House.

H. 5248 -- Rep. G. Brown: A CONCURRENT RESOLUTION COMMENDING MAJOR PATTY J. GARRET FOR DEDICATED AND OUTSTANDING SERVICE TO LAW ENFORCEMENT IN THIS STATE.

On immediate consideration, the Concurrent Resolution was adopted, ordered returned to the House.

H. 5249 -- Rep. Askins: A CONCURRENT RESOLUTION CONGRATULATING LAKE CITY PRIMARY SCHOOL OF FLORENCE COUNTY ON BEING CHOSEN AS A WINNER OF THE NATIONAL BLUE RIBBON SCHOOLS AWARD.

On immediate consideration, the Concurrent Resolution was adopted, ordered returned to the House.

H. 5250 -- Rep. Askins: A CONCURRENT RESOLUTION COMMENDING RICHARD T. MINCEY FOR HIS OUTSTANDING SERVICE AS LEGISLATIVE AGENT FOR THE SOUTH CAROLINA STATE FIREMEN'S ASSOCIATION, AND WISHING HIM HAPPINESS FOLLOWING HIS RETIREMENT.

On immediate consideration, the Concurrent Resolution was adopted, ordered returned to the House.

H. 4432 -- Rep. Gonzales: A BILL TO AMEND SECTION 27-40-710, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EVICTION PROCEDURES, SO AS TO CHANGE THE TERM "EVICTION NOTICE" TO "WRIT OF EVICTION OR EJECTMENT" AND TO REPEAL SECTION 27-40-735, A DUPLICATIVE PROVISION RELATING TO PROPERTY OF EVICTED TENANTS.

Read the first time and referred to the Committee on Judiciary.

H. 4954 -- Rep. Klauber: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-13-437 SO AS TO MAKE IT UNLAWFUL KNOWINGLY TO MAKE ANY FALSE STATEMENT WITH RESPECT TO INCOME FOR THE PURPOSES OF OBTAINING HOUSING FROM A PUBLIC HOUSING AUTHORITY.

Read the first time and referred to the Committee on Judiciary.

H. 5228 -- Rep. Stone: A BILL TO PROHIBIT THE BOARD OF TRUSTEES OF THE EDGEFIELD COUNTY SCHOOL DISTRICT FROM INCREASING ITS ANNUAL BUDGET MORE THAN FIVE PERCENT FROM THE PREVIOUS FISCAL YEAR WITHOUT A FAVORABLE VOTE OF THE QUALIFIED ELECTORS OF THE SCHOOL DISTRICT APPROVING THE INCREASE.

Read the first time and ordered placed on the local and uncontested Calendar without reference.

H. 5237 -- Reps. Sheheen, Wilkins, T.C. Alexander, Boan, Carnell, Hodges, Mattos, McTeer, Neilson, Phillips, Rhoad, Waldrop and Williams: A CONCURRENT RESOLUTION TO PROVIDE THAT WHEN THE RESPECTIVE HOUSES OF THE GENERAL ASSEMBLY ADJOURN ON THURSDAY, JUNE 2, 1994, AT 5:00 P.M., THEY SHALL STAND ADJOURNED TO MEET AT 10:00 A.M. ON JUNE 6, 7, 8, 9, AND 10, 1994, FOR CONSIDERATION OF LOCAL AND UNCONTESTED MATTERS HAVING UNANIMOUS CONSENT OF THE MEMBERS OF AFFECTED DELEGATIONS, AND TO AUTHORIZE THE PRESIDENT OF THE SENATE AND THE SPEAKER OF THE HOUSE TO MEET FOR THE RATIFICATION OF ACTS ON WEDNESDAY, JUNE 8, 1994, TO PROVIDE THAT WHEN THE RESPECTIVE HOUSES OF THE GENERAL ASSEMBLY ADJOURN ON FRIDAY, JUNE 10, 1994, THEY SHALL STAND ADJOURNED TO MEET IN STATEWIDE SESSION AT 11:00 A.M. ON MONDAY, JUNE 13, 1994, TO CONTINUE IN SESSION AS NECESSARY UNTIL FRIDAY, JUNE 17, 1994, NOT LATER THAN 5:00 P.M., FOR CERTAIN PURPOSES; AND TO PROVIDE THAT WHEN THE RESPECTIVE HOUSES OF THE GENERAL ASSEMBLY ADJOURN ON OR BEFORE FRIDAY, JUNE 17, 1994, NOT LATER THAN 5:00 P.M., THEY SHALL STAND ADJOURNED TO MEET IN STATEWIDE SESSION AT 11:00 A.M. ON FRIDAY, JUNE 24, 1994, FOR THE EXCLUSIVE PURPOSE OF CONSIDERING GUBERNATORIAL VETOES AND SHALL CONTINUE IN SESSION THEREAFTER AS NECESSARY FOR THIS PURPOSE TO ADJOURN SINE DIE NO LATER THAN 5:00 P.M. ON TUESDAY, JUNE 28, 1994.

Read the first time and referred to the Chairmen's Committee.

S. 706 -- Senator Leventis: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 39-9-62 SO AS TO PROVIDE REQUIREMENTS FOR PACKAGING AND LABELING OF COMMODITIES, SECTION 39-9-64 SO AS TO PROVIDE REQUIREMENTS FOR THE METHOD OF SALE OF COMMODITIES, SECTION 39-9-65 SO AS TO PROVIDE REQUIREMENTS FOR THE REGISTRATION OF SERVICEPERSONS AND SERVICE AGENCIES FOR COMMERCIAL WEIGHING AND MEASURING DEVICES, SECTION 39-9-66 SO AS TO PROVIDE REQUIREMENTS FOR TYPE EVALUATION, SECTION 39-9-68 SO AS TO PROVIDE REQUIREMENTS FOR THE DEPARTMENT OF AGRICULTURE CONSUMER SERVICES DIVISION TO ADMINISTER THE WEIGHTS AND MEASURES LAW, SECTION 39-9-203 SO AS TO PROVIDE RELATED CIVIL PENALTIES, SECTION 39-9-206 SO AS TO PROVIDE FOR AN ADMINISTRATIVE HEARING BEFORE ASSESSMENT OF A CIVIL PENALTY, AND SECTION 39-9-208 SO AS TO PROVIDE RELATED CRIMINAL PENALTIES; TO AMEND CHAPTER 9, TITLE 39, RELATING TO WEIGHTS AND MEASURES FOR COMMODITIES, SO AS TO REVISE DEFINITIONS AND REFERENCES TO CONFORM TO FEDERAL LAW, PROVIDE RELATED POWERS AND DUTIES FOR THE COMMISSIONER OF AGRICULTURE, REVISE REQUIREMENTS FOR LOCAL WEIGHTS AND MEASURES OFFICIALS, FOR QUANTITY, FOR MEASURES BY WHICH COMMODITIES ARE SOLD, FOR BULK DELIVERIES, AND FOR ONE OF A LOT PACKAGES CONTAINING RANDOM WEIGHTS OF THE SAME COMMODITY, PROVIDE FOR PACKAGE INFORMATION REQUIREMENTS TO APPLY TO RANDOM AND STANDARD PACKAGES, REVISE PENALTIES, AND AUTHORIZE APPLICATIONS FOR RESTRAINING ORDERS; AND TO AMEND SECTION 16-1-10, AS AMENDED, RELATING TO CRIMES CLASSIFIED AS FELONIES, SO AS TO INCLUDE THE OFFENSES PROVIDED IN CHAPTER 9, TITLE 39.

The House returned the Bill with amendments.

On motion of Senator LEVENTIS, the Senate concurred in the House amendments and a message was sent to the House accordingly. Ordered that the title be changed to that of an Act and the Act enrolled for Ratification.

S. 778 -- Senator Setzler: A BILL TO AMEND SECTION 59-1-440, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MINIMUM HOURS AND USE OF THE SCHOOL DAY, SO AS TO PROVIDE THAT THE REQUIRED INSTRUCTIONAL DAY OF SIX HOURS MAY ALSO CONSIST OF A WEEKLY EQUIVALENT AND TO PROVIDE AN APPROVAL PROCEDURE FOR THE EARLY DISMISSAL OF SCHOOLS NECESSITATED BY EMERGENCY CONDITIONS AND THAT THE DAYS MISSED ARE NOT REQUIRED TO BE MADE UP IF THE EARLY DISMISSAL IS APPROVED.

The House returned the Bill with amendments.

On motion of Senator SETZLER, the Senate concurred in the House amendments and a message was sent to the House accordingly. Ordered that the title be changed to that of an Act and the Act enrolled for Ratification.

H. 4811 -- Rep. G. Bailey: A BILL TO AMEND SECTION 61-3-1020, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION ON THE CONDUCT OF OTHER BUSINESS IN RETAIL ALCOHOLIC LIQUOR STORES, SO AS TO AUTHORIZE THE SALE OF NONALCOHOLIC ITEMS INSTEAD OF NONALCOHOLIC BEVERAGES PACKAGED TOGETHER WITH ALCOHOLIC LIQUORS AND TO REQUIRE THE PACKAGING AT THE ALCOHOLIC LIQUOR PRODUCER'S PLACE OF BUSINESS.

The House returned the Bill with amendments.

On motion of Senator COURTNEY, the Senate concurred in the House amendments and a message was sent to the House accordingly. Ordered that the title be changed to that of an Act and the Act enrolled for Ratification.

H. 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.

The House returned the Bill with amendments.

On motion of Senator DRUMMOND, the Senate nonconcurred in the House amendments and a message was sent to the House accordingly.

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.

The House returned the Bill with amendments.

On motion of Senator DRUMMOND, the Senate nonconcurred in the House amendments and a message was sent to the House accordingly.

THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.

The following Bills were read the third time and having received three readings in both Houses, it was ordered that the titles be changed to that of Acts and enrolled for Ratification:

H. 4595 -- Reps. Jennings, Baxley, Neilson, Hines and J. Harris: A BILL TO AMEND SECTION 40-79-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MEANING OF "ALARM SYSTEM BUSINESS" FOR PURPOSE OF REGULATION, SO AS TO PROVIDE THAT THIS TERM DOES NOT INCLUDE AN ELECTRIC SUPPLIER, ELECTRICAL UTILITY, OR MUNICIPALITY.

H. 4839 -- Rep. Witherspoon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 46-33-80 SO AS TO PROVIDE FOR FEES FOR PHYTOSANITARY CERTIFICATES TO BE USED BY THE STATE CROP PEST COMMISSION.

H. 4854 -- Reps. Riser, Hines, Rhoad and Witherspoon: A BILL TO AMEND SECTION 46-17-190, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ESTABLISHMENT OF COMMODITY BOARDS, SO AS TO REVISE THE EX OFFICIO MEMBERS OF THE BOARDS.

H. 4738 -- Reps. Gamble, Waites, Koon, Cromer, Sturkie, Stuart, Wright, Quinn, Riser, Neal, Harrison, Byrd, Rogers and J. Brown: A BILL TO AMEND SECTION 59-53-1710, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CREATION OF THE MIDLANDS TECHNICAL COLLEGE COMMISSION, INCREASE THE TERM OF THE MEMBERS OF THE COMMISSION FROM THREE TO FOUR YEARS, PROVIDE THAT A MEMBER MAY NOT SERVE MORE THAN TWO CONSECUTIVE TERMS AND PROVIDE THAT ANY MEMBER MAY BE REMOVED BY THE APPOINTING AUTHORITY FOR NEGLECT OF DUTY, MISCONDUCT, OR MALFEASANCE IN OFFICE AFTER BEING GIVEN A WRITTEN STATEMENT OF REASONS AND AN OPPORTUNITY TO BE HEARD.

Senator PATTERSON explained the Bill.

The following House Bills were read the third time and ordered returned to the House with amendments:

H. 4844 -- Reps. Shissias, McElveen, Neal, Cobb-Hunter, Cromer, Mattos, Govan, Inabinett, Wofford, Hutson and Wells: A BILL TO AMEND TITLE 20, CHAPTER 7, ARTICLE 9, SUBARTICLE 5, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNIFORM RECIPROCAL ENFORCEMENT OF SUPPORT ACT, SO AS TO REPLACE THIS ACT WITH THE UNIFORM INTERSTATE FAMILY SUPPORT ACT, TO PROVIDE UNIFORM LEGISLATION TO ASSIST WITH THE INTERSTATE ENFORCEMENT OF SUPPORT AND TO PROVIDE CIVIL AND CRIMINAL ENFORCEMENT PROCEDURES; TO AMEND SECTION 15-35-910, RELATING TO DEFINITIONS IN THE UNIFORM ENFORCEMENT OF FOREIGN JUDGMENTS ACT, SO AS TO REVISE A CROSS REFERENCE; AND TO PRESERVE RIGHTS AND DUTIES UNDER THE FORMER UNIFORM RECIPROCAL ENFORCEMENT OF SUPPORT ACT.

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.

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

H. 4624 -- Reps. Tucker, G. Brown, Haskins, Townsend, D. Smith, G. Bailey, Harrison, Harwell, Vaughn, J. Wilder, Carnell, Davenport, Inabinett, Hodges, Law, R. Young, Rogers, Harvin, Moody-Lawrence, A. Young, Stuart, Cato, Gonzales, D. Wilder and Meacham: A BILL TO AMEND SECTION 22-3-545, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TEMPORARY AUTHORITY TO TRANSFER CRIMINAL CASES FROM GENERAL SESSIONS COURT TO A MAGISTRATE'S COURT IF THE PENALTY FOR THE OFFENSE IS A FINE NOT EXCEEDING FIVE THOUSAND DOLLARS OR IMPRISONMENT FOR NOT MORE THAN ONE YEAR, OR BOTH, SO AS TO MAKE PERMANENT THE AUTHORITY TO TRANSFER THESE CASES.

Senator HOLLAND asked unanimous consent to take the Bill up for immediate consideration.

There was no objection.

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.

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.

H. 3385 -- Rep. Cromer: A BILL TO AMEND SECTION 7-11-15, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ELECTIONS, METHODS OF NOMINATION, AND QUALIFICATIONS TO RUN AS A CANDIDATE IN GENERAL ELECTIONS, SO AS TO DELETE THE PROVISIONS RELATING TO CANDIDATES SEEKING NOMINATION BY PETITION; AND TO AMEND SECTION 7-13-190, AS AMENDED, RELATING TO SPECIAL ELECTIONS TO FILL VACANCIES IN OFFICE, SO AS TO PROVIDE FOR A SEPARATE FILING PERIOD FOR CANDIDATES SEEKING NOMINATION BY PETITION IN PARTISAN ELECTIONS, AND CHANGE A CODE REFERENCE.

The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.

Senator HOLLAND proposed the following amendment (JUD3385.002), which was adopted:

Amend the bill, as and if amended, page 4, beginning on line 25, by striking SECTION 3 and inserting therein the following:

/SECTION 3. The General Assembly finds that the United States Congress has enacted the "National Voter Registration Act of 1993", P.L. No. 103-31 (1993). The purpose of this act is to comply with the provisions of that law.

SECTION 4. Chapter 5, Title 7 of the 1976 Code is amended by adding:

Section 7-5-310. (A) As used in this article:

(1) `Voter registration agency' means an office designated to perform specific voter registration activities;

(2) `Motor vehicle driver's license' means any personal identification document issued by the Department of Revenue.

(B) There are designated the following voter registration agencies:

(1) Department of Social Services;

(2) Department of Health and Environmental Control - WIC program;

(3) Department of Alcohol and Other Drug Abuse;

(4) Department of Disabilities and Special Needs;

(5) Department of Mental Health;

(6) Commission for the Blind;

(7) Department of Vocational Rehabilitation;

(8) The Wil Lou Gray Opportunity School;

(9) South Carolina Protection and Advocacy System for the Handicapped;

(10) Armed Forces recruiting offices.

(C) At each voter registration agency, the following services must be made available:

(1) distribution of voter registration application forms in accordance with subsection (F).

(2) assistance to applicants in completing voter registration application forms, unless the applicant refuses the assistance.

(3) acceptance of completed voter registration application forms for transmittal to the county board of voter registration.

(D) If a voter registration agency designated under the provisions of this section provides services to a person with a disability at the person's home, the agency shall provide the services described in subsection (C) at the person's home.

(E) A person who provides services described in subsection (C) may not:

(1) seek to influence an applicant's political preference;

(2) display a political preference or party allegiance;

(3) make any statement to an applicant or take any action, the purpose or effect of which is to discourage the applicant from registering to vote; or

(4) make any statement to an applicant or take any action, the purpose or effect of which is to lead the applicant to believe that a decision to register to vote has any bearing on the availability of services or benefits.

(F) A voter registration agency that is an office that provides service or assistance in addition to conducting voter registration shall:

(1) distribute to each applicant for the service or assistance, and with each recertification, renewal, or change of address form relating to the service or assistance the voter registration application form, including a statement that:

(a) specifies each eligibility requirement (including citizenship);

(b) contains an attestation that the applicant meets the requirement; and

(c) requires the signature of the applicant, under penalty of perjury; or

(2)(a) provide a form that includes:

(i) the question, `If you are not registered to vote where you live now, would you like to apply to register to vote here today?';

(ii) if the agency provides public assistance, the statement, `Applying to register or declining to register to vote will not affect the amount of assistance that you will be provided by this agency.';

(iii) boxes for the applicant to check to indicate whether the applicant would like to register or decline to register to vote (failure to check either box being considered to constitute a declination to register for purposes of subsection (G), together with the statement (in close proximity to the boxes and in prominent type), `IF YOU DO NOT CHECK EITHER BOX, YOU WILL BE CONSIDERED TO HAVE DECIDED NOT TO REGISTER TO VOTE AT THIS TIME.';

(iv) the statement, `If you would like help in filling out the voter registration application form, we will help you. The decision whether to seek or accept help is yours. You may fill out the application form in private.'; and

(v) the statement, `If you believe that someone has interfered with your right to register or decline to register to vote, your privacy in deciding whether to register or in applying to register to vote, you may file a complaint with the State Election Commission.' The name, address, and telephone number of the Executive Director of the State Election Commission must be printed on the form; and

(b) provide to each applicant who does not decline to register to vote the same degree of assistance with regard to the completion of the registration application form as is provided by the office with regard to the completion of its own forms unless the applicant refuses the assistance.

(G) No information relating to a declination to register to vote in connection with an application made at an office described in subsection (B) may be used for any purpose other than voter registration.

(H)(1) A completed registration application accepted at a voter registration agency must be transmitted to the county board of voter registration not later than ten days after acceptance.

(2) If a registration application is accepted within five days before the last day for registration to vote in an election, the application must be transmitted to the county board of registration not later than five days after the date of acceptance.

Section 7-5-320. (A)(1) Each state motor vehicle driver's license application, including a renewal application, submitted to the Department of Revenue, Division of Motor Vehicles, serves as an application for voter registration unless the applicant fails to sign the voter registration application. Failure to sign the voter registration portion of the driver's license application serves as a declination to register.

(2) An application for voter registration submitted under item (1) is considered to update any previous voter registration by the applicant.

(B) No information relating to the failure of an applicant for a state motor vehicle driver's license to sign a voter registration application may be used for any purpose other than voter registration.

(C)(1) The Department of Revenue, Division of Motor Vehicles, shall include a voter registration form as part of an application for a state motor vehicle driver's license.

(2) The voter registration application portion of an application for a state motor vehicle driver's license:

(a) may not require any information that duplicates information required in the driver's license portion of the form, other than a second signature or other information necessary under subitem (c);

(b) may require only the minimum amount of information necessary to:

(i) prevent duplicate voter registrations; and

(ii) enable a county board of voter registration to assess the eligibility of the applicant and to administer voter registration and other parts of the election process;

(c) includes a statement that:

(i) states each eligibility requirement, including citizenship;

(ii) contains an attestation that the applicant meets each requirement; and

(iii) requires the signature of the applicant under penalty of perjury;

(d) includes in print identical to that used in the attestation portion of the application:

(i) the information required in Section 7-5-320(C)(2)(c);

(ii) a statement that, if an applicant declines to register to vote, the fact that the applicant has declined to register will remain confidential and will be used only for voter registration purposes; and

(iii) a statement that, if an applicant does register to vote, the office at which the applicant submits a voter registration application will remain confidential and will be used only for voter registration purposes; and

(e) must be made available, as submitted by the applicant, to the county board of voter registration official.

(D) A change of address form submitted in accordance with state law for purposes of a state motor vehicle driver's license serves as notification of change of address for voter registration unless the qualified elector states on the form that the change of address is not for voter registration purposes.

(E)(1) A completed voter registration portion of an application for a state motor vehicle driver's license accepted at a state motor vehicle authority must be transmitted to the county board of voter registration no later than ten days after the date of acceptance.

(2) If a registration application is accepted within five days before the last day for registration to vote in an election, the application must be transmitted to the county board of registration not later than five days after the date of acceptance.

Section 7-5-330. (A) In the case of registration with a motor vehicle application under Section 7-5-320, the valid voter registration form of the applicant must be completed at the Department of Revenue, Division of Motor Vehicles, no later than thirty days before the date of the election.

(B) In the case of registration by mail under Section 7-5-155, the valid voter registration form of the applicant must be post-marked no later than thirty days before the date of the election.

(C) In the case of registration at a voter registration agency, the valid voter registration form of the applicant must be completed at the voter registration agency no later than thirty days before the date of the election.

(D) In any other case, the valid voter registration form of the applicant must be received by the county board of voter registration no later than thirty days before the date of the election.

(E) (1) The county board of voter registration shall:

(a) send notice to each applicant of the disposition of the application; and

(b) ensure that the identity of the voter registration agency through which a particular voter is registered is not disclosed to the public as provided under the provisions of Section 30-4-40.

(2) If the notice sent pursuant to the provisions of subitem (a) of this item is returned to the board of voter registration as undeliverable, the elector to whom it was sent must be reported by the board to the State Election Commission. The State Election Commission must place the elector in an inactive status on the master file and may remove this elector upon compliance with the provisions of Section 7-5-330(F).

(F)(1) The State Election Commission may not remove the name of a qualified elector from the official list of eligible voters on the ground that the qualified elector has changed residence unless the qualified elector:

(a) confirms in writing that the qualified elector has changed residence to a place outside the county in which the qualified elector is registered; or

(b) (i) has failed to respond to a notice described in item (2); and

(ii) has not voted or appeared to vote and, if necessary, correct the county board of voter registration's record of the qualified elector's address, in an election during the period beginning on the date of the notice and ending on the day after the date of the second general election that occurs after the date of the notice.

(2) `Notice', as used in this item, means a postage prepaid and preaddressed return card, sent by forwardable mail, on which the qualified elector may state his current address, together with a statement to the following effect:

(a) if the qualified elector did not change his residence, or changed residence but remained in the same county, the qualified elector shall return the card no later than thirty days before the date of the election. If the card is not returned, affirmation or confirmation of the qualified elector's address may be required before the qualified elector is permitted to vote during the period beginning on the date of the notice and ending on the day after the date of the second general election that occurs after the date of the notice, and if the qualified elector does not vote in an election during that period the qualified elector's name must be removed from the list of eligible voters;

(b) if the qualified elector has changed residence to a place outside the county in which the qualified elector is registered, information as to how the qualified elector can re-register to vote.

(3) The county board of voter registration shall correct an official list of eligible voters in accordance with change of residence information obtained pursuant to the provisions of this subsection.

(4) The program required pursuant to the provisions of subsection (F) of this section must be completed no later than ninety days before the date of a statewide primary or general election.

Section 7-5-340. The State Election Commission shall:

(1) provide that the name of a qualified elector may not be removed from the official list of eligible voters except:

(a) at the request of the qualified elector;

(b) as adjudicated by a court of competent jurisdiction;

(c) as provided under item (2);

(2) conduct a general program that makes a reasonable effort to remove the names of ineligible voters from the official lists of eligible voters by reason of:

(a) the death of the qualified elector; or

(b) a change in the residence of the qualified elector;

(3) inform applicants under Sections 7-5-155, 7-5-310, and 7-5-320 of:

(a) voter eligibility requirements; and

(b) penalties provided by law for submission of a false voter registration application.

(4)(a) complete, no later than ninety days before the date of a statewide primary or general election, a program to systematically remove the names of ineligible voters from the official lists of eligible voters in compliance with the provisions of Section 7-5-330(F).

(b) subitem (a) may not be construed to preclude:

(i) the removal of names from official lists of voters on a basis described in items (1) and (2); or

(ii) correction of registration records pursuant to this article."

SECTION 5. Section 7-3-20(C) of the 1976 Code is amended to read:

"(C) The executive director shall:

(1) maintain a complete roster master file of all qualified electors by county and by precincts;

(2) delete the name of any elector (a) who is deceased, (b) who is no longer qualified to vote in the precinct where currently registered, (c) who has been convicted of a disqualifying crime, or (d) who is otherwise no longer qualified to vote as may be provided by law, or (e) who requests in writing that his name be removed;

(3) For the purpose of removing from the roster the names of electors who are presumed to be no longer qualified to vote in the precinct where registered, delete the name of any elector who has failed to vote in each of two consecutive State-wide general elections and also failed to vote in any other election which might have been held in the precinct in which he is registered within the period of time intervening between the two general elections;

(4) (3) enter names on the various rosters master file as they are reported by the county registration boards;

(5) (4) furnish each county registration board with a master list of all registered voters in the county, together with three copies a copy of all registered voters in each precinct of the county, at least ten days prior to each election. The precinct copies shall be used as the official list of voters;

(6) (5) maintain all information furnished his office relating to the inclusion or deletion of names from the rosters master file for four years;

(7) (6) purchase, lease, or contract for the use of such equipment as may be necessary to properly execute the duties of his office, subject to the approval of the State Election Commission;

(8) (7) secure from the United States courts in South Carolina and federal and state agencies available information as to persons convicted of disqualifying crimes;

(9) (8) obtain information from any other source which may assist him in carrying out the purposes of this section;

(10) (9) perform such other duties relating to elections as may be assigned him by the State Election Commission; and

(11) (10) furnish at reasonable price any and all precinct lists to any qualified elector requesting same.; and

(11) serve as the chief state election official responsible for implementing and coordinating the state's responsibilities under the National Voter Registration Act of 1993."

SECTION 6. Section 7-3-30(b) of the 1976 Code is amended to read:

"(b) Each elector whose name has been deleted shall have has twenty days from the date such the notice is mailed in which to appeal. The appeal shall must be to the county board of voter registration from whose roster master file the deletion has been made. If the board determines that the elector's name should not have been deleted, it shall instruct the central registration office to restore his name to the registration books; provided, however, that if the elector's name has been deleted solely by reason of his failure to vote as provided in Section 7-3-20(C)(3), his name shall be restored as a matter of course to the registration books upon his request if he shall be otherwise qualified however, if the deletion is for conviction, the appeal must be to the Executive Director of the State Election Commission."

SECTION 7. Section 7-5-155(a)(1) of the 1976 Code is amended to read:

"(1) Subject to the provision of Section 7-5-150, any qualified citizen may register to vote by mailing or having delivered a completed state registration by mail application form or a completed national registration by mail application form prescribed by the Federal Election Commission application not later than forty-five thirty days immediately prior to before any election to his registration board. The postmark date of a mailed application is considered the date of mailing. If the postmark date is missing or illegible, the county board of voter registration shall accept the application if it is received by mail no later than five days after the close of the registration books before any election. The application must be witnessed by a qualified elector from the respective county. The name, address, the voter certificate number of the witness, and where applicable the telephone number must be legibly written on the application. The person witnessing the application may not be a filed candidate for public office at the time of the application. Any applicant or witness is subject to the penalty provided in Section 7-25-20 for fraudulent registration."

SECTION 8. Section 7-5-155(c) of the 1976 Code is amended to read:

"(c)(1) The State Election Commission shall furnish a sufficient number of applications to the county boards of voter registration boards and voter registration agencies specified in Section 7-5-310(B) so that distribution of the applications may be made to various locations throughout the counties and mailed to persons requesting them.

(2) County boards of voter registration shall distribute application forms to various locations in their respective counties, including city halls and public libraries, where they must be readily available to the public."

SECTION 9. Section 7-5-440 of the 1976 Code is amended to read:

"Section 7-5-440. No elector shall vote in any polling precinct unless his name appears on the official list of voters for the precinct. If the name of any registered elector does not appear or incorrectly appears on the official list of voters of his precinct, he may vote if he presents to the managers of election of the precinct, in addition to his valid South Carolina driver's license or other form of identification required by Section 7-13-710 if he is not licensed to drive, a certificate of a member of the registration board of his county that his name is registered and on file in the office of the registration board of his county or a certificate of the executive director that his name is enrolled in the records of his county on file in the office of the executive director. Any elector may also vote upon presenting the written notification of registration issued by the board if the elector has signed the notification.

(A) A qualified elector who has moved from an address in a precinct to an address in the same precinct shall, notwithstanding failure to notify the county board of voter registration of the change of address prior to the date of an election, be permitted to vote at that precinct's polling place upon oral or written affirmation by the qualified elector of the change of address before an election official at that polling place.

(B) A qualified elector who has moved from an address in one precinct to an address in another precinct within the same county and who has failed to notify the county board of voter registration of the change of address before the date of an election, at the option of the elector:

(a) must be permitted to correct the voting records and vote challenged ballots containing only the races for federal, statewide, and countywide offices pursuant to the provisions of Section 7-13-830 at the elector's former polling place, upon oral or written affirmation by the elector of the new address before an election official at that polling place; or

(b) must be permitted to correct the voting records and vote at a central location located at the main office of the county board of voter registration where a list of eligible voters is maintained, upon written affirmation by the elector of the new address on a standard form provided at the central location;

(C) If the registration records indicate inaccurately that a qualified elector has moved from an address in the precinct, the elector shall be permitted to vote at that polling place, upon oral or written affirmation by the elector before an election official at that polling place that the qualified elector continues to reside at his address.

(D) For voting purposes, in the case of a change of address of a qualified elector to another address within the same county, the county board of voter registration shall correct the voting registration list accordingly, and the elector's name may not be removed from the official list of eligible voters except as provided in Section 7-5-330(F).

(E) At least one member of the county registration board of voter registration, the clerk, or deputy registrar must be present in the registration board's office at all hours during which the polls are open on every election day for the purpose of carrying out the provisions of this section."

SECTION 10. Section 7-7-720 of the 1976 Code is amended to read:

"Section 7-7-720. (A) Any A person whose registration is transferred to another precinct by virtue of the provisions of this article must be delivered, notified by mail, notification from by the county registration board of voter registration reflecting the new precinct of the transfer.

(B) Any A person whose notification is returned to the board of voter registration because he is no longer at the address shown on the board's records must have his name removed from the registration books. The county registration office must notify the State Election Commission of the removal. Further notice to the elector is not required. If the elector's name has been deleted solely by reason of the return of the notification, his name must be restored as a matter of course to the registration books immediately upon his request if he is otherwise qualified to vote in that precinct as undeliverable must be reported by the board to the State Election Commission. The State Election Commission must place the elector in an inactive status on the master file and may remove this elector upon compliance with the provisions of Section 7-5-330(F)."

SECTION 11. Section 7-7-910 of the 1976 Code is amended to read:

"Section 7-7-910. Subject to the provisions of Section Sections 7-7-920 and 7-5-440, every registered elector shall must be registered and, unless otherwise specified on his voting certificate, shall vote at the nearest designated voting polling place within the precinct of his residence, but in incorporated towns municipalities in which officers are elected by wards or other municipal subdivisions, electors shall must be registered and shall vote at the voting places nearest to their residences within the ward or other subdivision of their residences their designated polling places."

SECTION 12. Section 30-4-40(a) of the 1976 Code, as last amended by Act 181 of 1993, is further amended by adding an appropriately numbered item:

"( ) completed voter registration application forms;"

SECTION 13. Section 7-13-810 of the 1976 Code, as last amended by Act 357 of 1990, is further amended to read:

"Section 7-13-810. The managers of election shall prevent any a person from voting when they have good reason to believe the person has already voted. They shall refuse to allow any a person to vote who is not a registered elector or who has become disqualified for any cause to vote in such the voting precinct. They may also may prevent any voter from consuming more than five minutes in voting, but no manager shall may examine, read, or handle the ballot being voted or about to be voted by a voter or interfere in any way with the voting of any a voter otherwise than herein provided in this section. Any An elector or a qualified watcher may, and it is the duty of the managers of the election to, may challenge the vote of any a person who may be known or suspected not to be a qualified voter. However, the challenges by persons other than a manager must be addressed to the manager and not directly to the voter. The manager shall then shall present the challenge to the voter and act in accordance with the provisions provided for in this section. All challenges must be made before the time a voter receives deposits a paper ballot in a ballot box or enters into casts his vote in a voting machine, and no challenge may be considered after that time. However, challenges may be made at any time before the opening of return-addressed envelopes and the removal of `Ballot Herein' envelopes from them as to absentee voters. Nothing contained from them in this section affects the right of any an elector or a qualified watcher to challenge the vote of any a person which is fraudulent or when the challenge is based on evidence discovered after the vote is cast. A candidate may protest an election in which he is a candidate pursuant to Section 7-17-30 when the protest is based in whole or in part on evidence discovered after the election. This evidence may include, but is not limited to, after-discovered evidence of voters who have voted in a precinct or for a district office other than the one in which they are entitled by law to vote."

SECTION 14. This act takes effect January 1, 1995, except that Sections 7, 12, and 13 take effect upon approval by the Governor./.

Amend title to conform.

Senator HOLLAND explained the amendment.

Senators WILSON and THOMAS proposed the following amendment (JUD3385.001), which was adopted:

Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:

/SECTION ___. Section 7-13-860 of the 1976 Code is amended to read:

"Section 7-13-860. Each candidate who is not unopposed in the primary and each candidate in a general election may appoint a watcher for any voting place that he may desire. Provided, however, that However, in any general or special election, all candidates who are certified by a political party shall must be jointly represented at each polling place that they may desire by not more than two watchers from such the party for each one thousand registered voters or fraction thereof of a thousand registered voters registered at such the polling place. Every watcher appointed hereunder under this section must be a qualified voter in the county where he is to watch, and must be certified to the managers of the voting precinct to which assigned, in writing, signed by the candidate or by an appropriate party official as having been designated to so act as a watcher. Such watchers Watchers shall, at all times, shall wear appropriate, visible identification specifying the candidate or party which they represent. No such watcher shall conduct himself in a manner that interferes in the orderly conduct of the election or influences any voter in the casting of his ballot. The identification badge of a pollwatcher may not exceed four and one-fourth inches by four and one-fourth inches with individual letters on the badge not exceeding one-quarter inch in height or width. Badges may not be a color that has a fluorescent quality."/

Amend the bill further, as and if amended, by adding an appropriately numbered SECTION to read:

/SECTION ___. Section 7-25-180 of the 1976 Code, as last amended by Act 393 of 1990, is further amended to read:

"Section 7-25-180. (A) It is unlawful on an election day within two hundred feet of any entrance used by the voters to enter the polling place for a person to distribute any type of campaign literature or place any political posters. The poll manager shall use every reasonable means to keep the area within two hundred feet of any such entrance clear of political literature and displays, and the county and municipal law enforcement officers, upon request of a poll manager, shall remove or cause to be removed any material within two hundred feet of any such entrance distributed or displayed in violation of this section.

(B) A candidate may wear within two hundred feet of the polling place a label no larger than four and one-fourth inches by four and one-fourth inches that contains the candidate's name and the office he is seeking. If the candidate enters the polling place, he may not display any of this identification, including, but not limited to, campaign stickers or buttons.

(C) Nothing in this section may be interpreted to prohibit a registered voter from wearing any campaign sticker, button, t-shirt, or hat while waiting to vote."/

Renumber sections to conform.

Amend title to conform.

Senator HOLLAND explained the amendment.

Senator ROSE proposed the following amendment (JUD3385.004), which was adopted:

Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:

/SECTION ___. Article 7 of Chapter 13 of Title 7 is amended by adding:

"Section 7-13-335. The State Election Commission or the local entity responsible for printing general or special election ballots or for the arrangement of a ballot by mechanical or electronic means must conform such ballots to the requirements of Section 7-13-330; provided, however, that the names of candidates in nonpartisan elections must be listed in alphabetical order. The provisions of this section shall not apply to a partisan election."/

Renumber sections to conform.

Amend title to conform.

Senator HOLLAND explained the amendment.

Senator ROSE proposed the following amendment (JUD3385.003), which was adopted:

Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:

/SECTION ___. Section 7-13-610 of the 1976 Code is amended to read:

"Section 7-13-610. The State Election Commission and the respective county election commissions shall prepare separate ballots for each political party holding a primary. The ballots for each party must contain in print only the names of the candidates who have filed to run in that particular party primary and must have a stub at the top perforated so as to be easily detached. On the stub must be printed `Official state (or county) Ballot, (name of party) Primary', the name of the county and the precinct, and the date of the primary. On the right side there must be a blank line under which must be printed `Initials of Issuing Officer'. Stubs on ballots for each precinct must be numbered consecutively, beginning with `No. 1'. The ballots must be furnished by the State Election Commission for all except members of the General Assembly, county officers, less than county officers, and circuit solicitors, for which the county election commission shall furnish the ballots. One ballot must contain the names of all persons in alphabetical order running for state and federal offices. The other ballot must contain, in alphabetical order, the names of all persons running for the General Assembly, county offices, less than county officers, and solicitors. Ballots furnished by the State Election Commission under this section must have marked on them in plain type, both on the stub and on the ballot, the words `Official State Ballot'. Ballots furnished by the county election commission under this section must have marked on them in plain type, both on the stub and on the ballot, the words `Official County Ballot'.

The ballot must be printed on paper of a thickness so that the printing cannot be distinguished from the back and must be of a size and color as directed by the State Election Commission. If more than one ballot is to be used in a primary, each ballot must be printed on different colored paper. The ballot must contain a voting square opposite the name of each candidate, and the voter shall vote by putting a mark in the voting square opposite the name of the candidate of his choice. The State Election Commission is hereby empowered to establish, under Chapter 23 of Title 1, such rules and regulations as are necessary for the proper administration of this section."/

Amend the bill further, as and if amended, by striking 7-13-355, as contained in SECTION ___, and inserting therein the following:

/"Section 7-13-335. The State Election Commission or the local entity responsible for printing general or special election ballots or for the arrangement of a ballot by mechanical or electronic means must conform such ballots to the requirements of Section 7-13-330; provided however, that the names of candidates in nonpartisan and at-large, multi-seat races must be listed in alphabetical order. The provisions of this section shall not apply to a partisan election."/

Renumber sections to conform.

Amend title to conform.

Senator ROSE explained the amendment.

There being no further amendments, the Bill was read the third time and ordered returned to the House of Representatives with amendments.

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 proceeded to a consideration of the Bill. The question being the third reading of the Bill.

Senator McGILL proposed the following amendment (5094R001.JYM), which was adopted:

Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:

/SECTION . The Wildlife and Marine Resources department may distribute and regulate the issuance of special, resident and nonresident shooting preserve hunting licenses, applicable for the entire preserve season on any a preserve in the State, for specified released species only, at a cost not to exceed five dollars for residents and eight dollars and fifty cents for nonresidents./

Amend title to conform.

Senator LAND proposed the following amendment (N05\7939BDW.94), which was adopted:

Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:

/SECTION __. A. (A) The South Carolina Commission on Sporting Dogs and Field Trials is created to assess the economic, environmental, and recreational impact on the State for developing field trial facilities and to develop a state plan for providing the facilities. The commission is composed of five members appointed by the Governor as follows:

(1) two representatives of pointing/retriever organizations in the State;

(2) two representatives of houndsmen's organizations in the State which hold field trials for the purpose of judging beagles and hounds;

(3) one at-large member with field trial knowledge and experience who shall serve as the chairman of the commission.

(B) The members of the commission are not eligible for per diem, mileage, or subsistence.

(C) A nonvoting advisory committee to the commission shall provide information and staff assistance as needed. The members of the advisory committee who shall serve ex officio are the Speaker of the House of Representatives, President of the Senate, and Director of the South Carolina Natural Resources Commission. The chairman of the Senate Agriculture and Natural Resources Committee and the chairman of the House Agriculture, Natural Resources and Environmental Affairs Committee each shall appoint one member to the advisory committee.

(D) In conducting its study and in developing the state plan, the commission may consult with the South Carolina Natural Resources Department, the State Commission of Forestry, and other state or local private or public agencies or organizations interested in or impacted by recreational field trials.

(E) By January 1, 1999, the commission shall submit its findings and state plan to the Governor, the Senate Agriculture and Natural Resources Committee, and the House Agriculture, Natural Resources and Environmental Affairs Committee.

(F) The commission terminates January 1, 1999, unless extended by the General Assembly.

B. This section takes effect July 1, 1994./

Renumber sections to conform.

Amend title to conform.

Senator LAND explained the amendment.

There being no further amendments, the Bill was read the third time and ordered returned to the House of Representatives with amendments.

The following Bills were read the third time and ordered sent to the House of Representatives:

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.

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.

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.

The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Judiciary.

The Judiciary Committee proposed the following amendment (17158), which was withdrawn:

Amend the bill, as and if amended, by deleting Section 2 and inserting:

/SECTION 2. Section 59-119-40 of the 1976 Code is amended to read:

"Section 59-119-40. The university shall be under the management and control of a board of thirteen trustees, composed of the seven members nominated by the will and their successors and six members, one from each congressional district, to be elected by the General Assembly in joint assembly. Three of the original trustees having been elected for a term of two years and three for a term of four years from the commencement of their terms and until their successsors were elected, thereafter the General Assembly has and hereafter it shall every two years elect in joint assembly three trustees for such university who shall serve for a term of four years and until their successors shall be elected and shall qualify. In electing members of the board, the General Assembly shall elect members based on merit regardless of race, color, creed, or gender and shall strive to assure that the membership of the board is representative of all citizens of the State of South Carolina.

The terms of the present members of the board who are elected by the General Assembly expire on the thirtieth day of June of the year in which the terms are scheduled to expire. Beginning with its 1984 session, the General Assembly shall elect successors to the elective trustees not earlier than the first day of April for a term to begin the following July first. Elections to fill vacancies on the board which are caused by the death, resignation, or removal of an elective trustee may be held earlier than the first day of April of the year in which the unexpired term terminates, but the term of the person elected to fill the vacancy expires on the last day of June of the year in which the term of the former member would have expired."

Section 3. Of the members elected to the Clemson University Board pursuant to Section 59-119-40, as amended by Section 2 of this act, by the General Assembly in the first election following this act's effective date, there must be one member elected from the first, one from the third, and one from the fifth congressional districts, and when the election is conducted for the remaining three board members, they must be elected from the second, fourth, and sixth congressional districts.

Section 4. This act takes effect July 1, 1993./

Amend title to conform.

Senator GIESE proposed the following amendment (GJK\20317SD.94), which was adopted:

Amend the bill, as and if amended, in Section 2-1-210 of the 1976 Code, as contained in SECTION 1, by striking beginning on line 27, page 1:

/, unless the person is paid an annual salary from the general fund of the State/

Amend title to conform.

Senator GIESE explained the amendment.

There being no further amendments, the Bill was read the third time and ordered sent to the House of Representatives.

S. 1409 -- Senators McConnell and Passailaigue: A BILL TO RELOCATE THE FOLLY BEACH PUBLIC OYSTER GROUND.

The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.

Senator McCONNELL proposed the following amendment (CYY\16320BDW.94), which was adopted:

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

/Whereas, public oyster grounds are of great importance to the public; and

Whereas, the location of private docks in public oyster grounds causes numerous problems for shellfish management and for the harvesting public; and

Whereas, public shellfish harvesting is a growing recreational component of the state's tourism industry; and

Whereas, public shellfish harvesting provides economical means for our citizens to acquire shellfish for their personal consumption and enjoyment; and

Whereas, public oyster grounds are recognized by the South Carolina Coastal Council as "geographic areas of particular concern" to be protected for public recreation and public consumption; and

Whereas, public oyster grounds are managed by the South Carolina Department of Natural Resources and protected for the management of shellfish for public recreation and personal consumption; and

Whereas, the General Assembly finds that the existence of private or public docks in public oyster grounds would not be in the best interest of the State. Now, therefore,

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1. (A) The Folly Beach Public Oyster Ground is relocated to that area on the north bank of the Folly River directly across from the existing public oyster ground. This new area is approximately two thousand feet long and is bounded on the north by the marshes of the Folly River, to the east by the westernmost boundary of Shellfish Culture Permit C-207, to the south by the Folly River, and to the west by another small unnamed tributary of the Folly River adjacent to South Carolina Highway 171. However, the portion of the existing public oyster ground on the south bank of the Folly River immediately adjacent to the South Carolina Highway 171 Bridge remains in place. This area is approximately two hundred feet in length and extends from the bridge to the first small ditch or creek.

(B) No private docks are allowed in the Folly River Public Oyster Ground described in subsection (A).

(C) The area on the south bank of the Folly River currently designated as a public oyster ground, excepting the two hundred foot area described in subsection (A), reverts to a state shellfish ground upon the effective date of this section. This state shellfish ground must be managed by the South Carolina Department of Natural Resources exclusively for recreational shellfish harvesting.

(D) This section does not infringe on the ability of county legislative delegations to move public oyster grounds as provided in Section 50-17-370 of the 1976 Code.

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

Amend title to conform.

Senator McCONNELL explained the amendment.

There being no further amendments, the Bill was read the third time and ordered sent to the House of Representatives.

The following Bills and Joint Resolutions having been read the second time were ordered placed on the third reading Calendar:

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.

On motion of Senator SETZLER, S. 1430 was ordered to receive a third reading on Friday, May 27, 1994.

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.

(By prior motion of Senator MESCHER)

H. 4810 -- Reps. Richardson, J. Bailey, Quinn, Law, Kirsh, Wilkins, Harrell, Hodges, Hutson, Robinson, Mattos, Gamble, Shissias, Keyserling, Clyborne, Klauber, Thomas and Cromer: A BILL TO AMEND SECTION 58-3-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MEMBERSHIP OF THE PUBLIC SERVICE COMMISSION AND ELECTION OF COMMISSIONERS, SO AS TO PROVIDE THAT THE GENERAL ASSEMBLY SHALL ELECT COMMISSIONERS BASED UPON THE CONGRESSIONAL DISTRICTS ESTABLISHED BY THE GENERAL ASSEMBLY PURSUANT TO THE OFFICIAL UNITED STATES CENSUS OF 1990, RATHER THAN THE CENSUS OF 1980.

Senator HOLLAND asked unanimous consent to take the Bill up for immediate consideration.

There was no objection.

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.

Senator PASSAILAIGUE asked unanimous consent to take the Resolution up for immediate consideration.

There was no objection.

H. 4142 -- Reps. Quinn, Wright and Riser: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 15 TO CHAPTER 25, TITLE 50, SO AS TO PROVIDE FOR RESTRICTIONS, NO WAKE ZONES, PENALTIES, AND FINE DISBURSEMENTS FOR WATERCRAFT ON LAKE MURRAY.

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.

By prior motion of Senator RANKIN, the Bill was read the second time, passed and ordered to a third reading.

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.

Having voted on the prevailing side, Senator McCONNELL asked unanimous consent to make a motion to reconsider the vote whereby the Bill was ordered to receive a second reading today and a third reading on Friday.

The motion to reconsider was adopted.

Senator RANKIN proposed the following Amendment No. 1 (1433R001.LAR), which was adopted:

Amend the bill, as and if amended, by striking after all enacting words and inserting 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) Consistent with subsection (B), 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 established, 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, 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, with the advice and consent of the Senate, who shall be a resident of the county.

(C) No member of an authority may be an elected official or have held an elected office within six months 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. 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.

(D) 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 expire on March 1, 1995, if this chapter authorizes the creation of an authority to address the effects of the federal military installation in question. 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.

(E) 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.

Section 31-12-50. (A) The term of office for members appointed pursuant to Sections 31-12-40(B) 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. 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 provision 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 and attempt to integrate the redevelopment of the properties scheduled for disposition with any adjacent areas. 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 Code 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 co2nsidered 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 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 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, shall be for a term not to exceed twenty years. Development agreements involving property containing more than two thousand acres may be for such term as the local government and 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.

Senator RANKIN explained the amendment.

The amendment was adopted.

There being no further amendments, the Bill was read the second time, passed and ordered to a third reading with notice of general amendments.

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.

Senator McCONNELL asked unanimous consent to take up the Bill for immediate consideration.

The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.

Having voted on the prevailing side, Senator McCONNELL asked unanimous consent to make a motion to reconsider the vote whereby the Bill was read the second time with notice of general amendments on third reading.

The motion to reconsider was adopted.

Having voted on the prevailing side, Senator McCONNELL asked unanimous consent to make a motion to reconsider the vote whereby Amendment No. 1 (1433R001.LAR) proposed by Senator RANKIN was adopted.

The motion to reconsider was adopted.

On motion of Senator McCONNELL, with unanimous consent, Amendment No. 1A (1433R002.LAR) proposed by Senator RANKIN was substituted for Amendment No. 1 and adopted as follows:.

Amend the bill, as and if amended, by striking after all enacting words and inserting 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) Consistent with subsection (B), 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 established, 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, 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, with the advice and consent of the Senate, who shall be a resident of the county.

(C) No member of an authority may be an elected official or have held an elected office within six months 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. 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.

(D) 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 expire on March 1, 1995, if this chapter authorizes the creation of an authority to address the effects of the federal military installation in question. The Governor may issue no executive order relating to the purposes of this chapter except to create an authority as provided in Section 31-12-40. The Governor may not create an authority where the federal property subject to disposal is contained wholly or partly within a county when all or a portion of the county lies in an MSA which extends over more than one South Carolina county.

(E) 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.

Section 31-12-50. (A) The term of office for members appointed pursuant to Sections 31-12-40(B) 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. 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 provision 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 and attempt to integrate the redevelopment of the properties scheduled for disposition with any adjacent areas. 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 Code 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 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 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, shall be for a term not to exceed twenty years. Development agreements involving property containing more than two thousand acres may be for such term as the local government and 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.

There being no further amendments, the Bill was read the second time, passed and ordered to a third reading with notice of general amendments.

H. 4414 -- Reps. Phillips, Allison, Waites, Rudnick, J. Wilder, Jaskwhich, Walker, Corning, Rogers, Stuart, Waldrop and Gamble: A BILL TO ENACT THE "SCHOOLHOUSE SAFETY ALLIANCE ACT OF 1994" TO ATTACK THE PROBLEMS OF JUVENILE CRIME AND SCHOOL SAFETY INCLUDING PROVISIONS TO AMEND TITLE 59 OF THE 1976 CODE RELATING TO EDUCATION BY ADDING CHAPTER 143 SO AS TO PROVIDE FOR TRAINING OF SCHOOL FACULTY AND STAFF TO PREVENT STUDENT VIOLENCE, TO INSTITUTE IN EACH SCHOOL CASE MANAGEMENT TEAMS TO WORK AS UNITS ON BEHALF OF STUDENTS DISPLAYING SIGNS OF VIOLENT BEHAVIOR, TO REQUIRE THE STATE DEPARTMENT OF EDUCATION TO COLLECT DATA IDENTIFYING THE BEST PRACTICES IN DEALING WITH PROBLEMS ASSOCIATED WITH STUDENT VIOLENCE, TO REQUIRE THE DEPARTMENT OF EDUCATION TO PILOT TEST A CLUSTER SCHOOL CONCEPT IN URBAN AND RURAL SETTINGS IN HIGH CRIME AREAS, TOGETHER WITH A SPECIALIZED PROGRAM OF INTERVENTION AND PREVENTION, TO ESTABLISH AN ADVISORY COMMITTEE COMPOSED OF VARIOUS AGENCY REPRESENTATIVES CONVENED BY THE STATE LAW ENFORCEMENT DIVISION TO PROVIDE TRAINING AND TECHNICAL ASSISTANCE TO CLUSTER SCHOOLS SERVING AS DEMONSTRATION SITES, TO ESTABLISH A STATEWIDE SCHOOLHOUSE SAFETY RESOURCE CENTER AT THE DEPARTMENT OF EDUCATION TO PROVIDE TECHNICAL ASSISTANCE AND TRAINING TO SCHOOLS REGARDING SCHOOL VIOLENCE AND STRATEGIES FOR COLLABORATING WITH OTHER AGENCIES AND THE COURTS TO PREVENT THIS PROBLEM, TO REQUIRE CONFLICT RESOLUTION STRATEGIES TO BE TAUGHT TO JUVENILES IN CONFINEMENT FACILITIES, TO REQUIRE PARENTS OF CHILDREN IDENTIFIED AS IN NEED OF SERVICES OR COUNSELING TO PARTICIPATE IN CERTAIN CASE MANAGEMENT MEETINGS REGARDING THEIR CHILDREN AT THE REQUEST OF SCHOOL OFFICIALS AND TO PROVIDE PENALTIES FOR FAILURE TO PARTICIPATE, TO REQUIRE SCHOOL OFFICIALS TO REPORT CERTAIN CRIMINAL BEHAVIOR BY STUDENTS TO APPROPRIATE LAW ENFORCEMENT AGENCIES, TO REQUIRE THE STATE BOARD OF EDUCATION TO PROMULGATE CERTAIN REGULATIONS REGARDING PARENTING, FAMILY LITERACY, AND PARENTAL INVOLVEMENT PROGRAMS, TO PROVIDE FOR CONTINUING LEGAL EDUCATION SEMINARS IN ISSUES OF YOUTH VIOLENCE FOR ATTORNEYS LICENSED TO PRACTICE IN THIS STATE; TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-1331 SO AS TO AUTHORIZE FAMILY COURT JUDGES TO ORDER AS A CONDITION OF PROBATION CERTAIN CHILDREN TO PARTICIPATE IN A SPECIAL ALTERNATIVE CONFINEMENT UNIT; BY ADDING SECTION 20-7-1351 SO AS TO AUTHORIZE THE FAMILY COURT TO REQUIRE PARENTS TO APPEAR BEFORE IT REGARDING CERTAIN BEHAVIOR OF THEIR CHILD AND TO PARTICIPATE IN THE ASSESSMENT OF THE FAMILY OR IN FAMILY PARTICIPATION TREATMENT SERVICES TO IMPROVE THAT BEHAVIOR; BY ADDING SECTION 20-7-1352 SO AS TO PROVIDE THAT THE FAMILY COURT SHALL REQUIRE ACCEPTABLE SCHOOL ATTENDANCE AND APPROPRIATE BEHAVIOR AS A PART OF ANY PROBATION ORDER INVOLVING CHILDREN; BY ADDING SECTION 20-7-1353 SO AS TO PROVIDE THAT PROBATION AND PAROLE COUNSELORS ARE REQUIRED TO ASSIST IN THE RE-ENROLLMENT OF ALL THEIR CLIENTS WHO ARE CHILDREN IN THE PUBLIC SCHOOLS UPON THE CHILDREN BEING RELEASED FROM CONFINEMENT FACILITIES; AND BY ADDING SECTION 20-7-3236 SO AS TO PROVIDE THAT THE DEPARTMENT OF JUVENILE JUSTICE SHALL ESTABLISH A SHORT-TERM SPECIAL ALTERNATIVE CONFINEMENT UNIT FOR CERTAIN NONVIOLENT JUVENILES.

Senator COURSON asked unanimous consent to take the Bill up for immediate consideration.

There was no objection.

The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Education.

The Education Committee proposed the following amendment (S-EDUC\4414.01), which was adopted:

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

/SECTION 1. This act is known and may be cited as the "Schoolhouse Safety Alliance Act of 1994".

SECTION 2. The General Assembly finds that a comprehensive approach is needed to attack the problems of juvenile crime and schoolhouse safety. This attack should be focused in three areas: collaboration to prevent school violence, parental responsibility, and judicial response. Recent legislation and procedures have established the precedent for addressing issues systemically. Solutions at the front end of problems rather than reactions after the fact have the best chance of making long-term differences. Pro-active prevention approaches, clear definition of the roles and responsibilities of schools and other local community agencies, parents who take responsibility for their child's action, and coordinated judicial response and penalties are combined as recommended policy of this State. This response includes the establishment of a `boot camp' approach with an intensive aftercare provision.

SECTION 3. Title 59 of the 1976 Code is amended by adding:

Section 59-143-100. A statewide Schoolhouse Safety Resource Center at the State Department of Education is established in the manner the General Assembly shall provide in the annual general appropriations act. The center's mission is to provide information, technical assistance, and training on violence prevention and crisis management to the state's schools. The center, in cooperation with the Southern Region Violence and Substance Abuse Center and the School Violence Prevention Advisory Committee, shall review best practices in violence prevention and intervention, including strategies for collaboration with appropriate agencies, crisis management planning, and better use of the judicial system. The center also shall disseminate information on other safety concerns including natural disasters, accidents, and medical emergencies.

Section 59-143-110. Based on the review of best practice provided for in Section 59-143-100, the State Department of Education, through the Schoolhouse Safety Resource Center, shall provide or contract for statewide school administrator training in the best practices for understanding, preventing, and addressing student violence. The State Department of Education shall develop or select professional programs for faculty and designated staff of all schools to be trained in appropriate techniques, practices, and behavior to prevent and address student violence, including mediation. Curricula in nonviolent problems-solving techniques must be used in the professional development of the faculty and staff within a school to be applied in areas including, but not limited to:

(1) more effective adult interactions with students;

(2) adult modeling of nonviolent behaviors when problems erupt;

(3) expansion of wellness components in the comprehensive health curriculum promoting nonviolent living skills (as they apply to other appropriate school violence prevention) approaches; and

(4) differentiation between acceptable student behavior and unacceptable behavior (as it applies to the determination of students entering case management pursuant to Section 59-143-300); and

(5) training in crisis intervention.

In implementing the provisions of this section, equal emphasis shall be placed in elementary, middle, and high schools.

Section 59-143-120. The Schoolhouse Safety Resource Center shall provide regional planning workshops for county planning teams coordinating services as required in Section 59-143-140 and shall coordinate and provide for workshops for district planning groups as required by Section 59-143-160. Information developed and obtained from these workshops shall be shared with the school level teams required in Section 59-143-170.

Section 59-143-130. A School Violence Prevention Advisory Committee is created to provide technical and advisory assistance to the Schoolhouse Safety Resource Center. The advisory committee shall consist of service agency provider representatives including, but not limited to, representatives from the Department of Mental Health, the Department of Mental Retardation, the Department of Juvenile Justice, the Department of Health and Human Services, the Department of Social Services, the family court system, the Department of Health and Environmental Control, the Southern Region Violence and Substance Abuse Center, the Continuum of Care, the Center for Family in Society, John De La Howe, the State Department of Education, local education officials, and local law enforcement officials, shall be convened by the State Law Enforcement Division. The committee shall recommend changes to each agency's regulations or provisions of law which would encourage prevention programs, non-punitive responses and earlier intervention for juveniles who are truant, runaways, or exhibit aggressive behavior and would better promote coordination of programs and response to these students. A report on the committee's findings and recommendations must be made to the House and Senate Education committees and to the Joint Committee on Children and Families by November 1, 1994.

The committee shall review annually the progress being made in the violence prevention plans required in Section 59-143-150. The committee, using funds appropriated for the purpose by the General Assembly, shall contract with one or more nationally recognized experts in violence prevention to review the activities of the school districts and the Schoolhouse Safety Resource Center and make recommendations for improvements and report to the House Education and Public Works Committee and the Senate Education Committee no later than October 1, 1997.

The committee also must review alternatives to incarceration for juvenile offenders to include, but not be limited to supervised community service opportunities, community based programs such as halfway houses, wilderness programs, non-residential programs, and intensive services probation. A report on the recommendations must be provided to the House and Senate Judiciary committees, the House and Senate Education committees, and the Joint Committee on Children and the Family by October 1, 1995.

The agencies and entities involved in the advisory committee shall direct their employees at the county and district levels to cooperate with the school district officials in all efforts to take a preventive approach to school violence and juvenile problems.

Section 59-143-140. Based on recommendations from the School Violence Prevention Advisory Committee as established in Section 59-143-130, a cooperating team consisting of representatives of all local health and human service agencies in a county, including representatives from all school districts located within the county, and local representatives from the Department of Juvenile Justice and family court system shall be convened by the sheriff's office in each county no later than January 15, 1995, to coordinate services designed to prevent school violence. A service coordination matrix must outline services provided by agencies in response to risk factors identified by the committee. Also to be included in the discussions, and where appropriate, in the service coordination matrix, are representatives of local youth groups, elected officials, and other individuals involved in services to youth. The sheriff's office in each county will submit a copy of the service coordination matrix, once completed, to the School Violence Prevention Advisory Committee and provide copies to the school district and schools and other local agencies as appropriate.

Section 59-143-150. The State Board of Education, through the Department of Education, is directed to develop regulations requiring that no later than September 1, 1996, each district and each school must develop a strategic violence prevention plan to establish goals for addressing the underlying causes of violence and develop plans for dealing with violence in school. The plans, to be known as the Schoolhouse Safety Alliance Plans, shall incorporate the requirements of the model safe schools checklist pursuant to Section 59-5-65(15), appropriate parts of the county service coordination matrix pursuant to Section 59-143-140, and the requirements of Section 59-143-170. Program evaluation measures must be integrated into the plan's design. Schools and districts may make the safety plans a part of the comprehensive plan pursuant to Section 59-139-10, if they so choose.

Section 59-143-160. The Schoolhouse Safety Alliance plans at the district level must be developed by a committee appointed by the district superintendent. Students, teachers, and parents must be a part of the committee. Representatives of all relevant local agencies engaged in law enforcement, juvenile probation and parole, juvenile corrections, fire protection, emergency preparedness, health and human services, and social rehabilitation are also to be included in the development of the plans. The safety alliance plans at the school level must be developed by a committee formed by the principal to include the membership of the School Improvement Council and other representatives as outlined for the district plan, as appropriate for the school setting.

Section 59-143-170. In acknowledgment that violence prevention needs to be a long-term priority for a school and school district, the Schoolhouse Safety Assistance Plans shall be five-year plans outlining violence reduction activities with goals set at one-year intervals. The comprehensive plan must take a variety of approaches which at a minimum should include:

(a) mediation training for school staff;

(b) adoption or adaption and implementation of violence prevention and conflict resolution training within the school's curriculum;

(c) mentoring programs; and

(d) training for parents in these topics at locations convenient for parents.

The violence prevention and conflict resolution curriculum developed or adapted by the schools must be kindergarten through grade twelve and appropriate to the students' age and grade; structured to provide consistent reinforcement throughout the school year and each student's school career; and flexible so as to be incorporated within the existing school day and year.

The school plan should be designed to reach outside the school and encourage supportive actions in the home and community including use of the curriculum by public and private service providers, organizations, groups, institutions, and agencies with their clients or members.

The curriculum must be in place no later than school year 1996-97, to be taught to all students in all grades of the public schools of this State. Should the plan include peer mediation, the parent/guardian must agree to allow the student to serve as a mediator.

Section 59-143-180. Each school district of this State shall institute in every school case management teams. The teams should consist of teachers, school administrators, parents, counselors, and representatives of health and social service agencies to work as units on behalf of students displaying signs of recurrent aggressive and violent behavior. The State Board of Education shall promulgate regulations to establish the criteria for these teams. Disciplinary records of students with recurrent bullying, aggressive and violent behaviors must be kept with clear anecdotal evidence of these behaviors and must show steps schools have taken to address the occurrences of these behaviors. Each district must develop policies for ensuring that such records are shared routinely with parents. The records must follow the student through school; however, when a student ceases to exhibit such behavior, the management team shall so note in the student's record. Each school district is responsible for developing a policy for schools to follow which ensures the confidential nature of these records. This policy must include at a minimum restricting access to the file and to its contents to school personnel as considered necessary and appropriate to meet and adequately address the needs of the student and for the destruction of these records upon the student's completion of secondary school or upon reaching twenty-one years of age. In implementing the provisions of this section, special emphasis shall be placed in elementary schools.

Section 59-143-190. By school year 1996-97, the institutions of higher education with teacher education programs must include in their courses for potential teachers training in mediation and conflict resolution techniques and best practice in violence prevention as identified by the Schoolhouse Safety Resource Center. Activities to incorporate such training shall be reported by each institution to the Commission on Higher Education which shall provide a summary report to the House and Senate Education committees no later than February 1, 1997.

Section 59-143-200. In conjunction with the Department of Corrections, the Department of Juvenile Justice, and the Southern Region Violence and Substance Abuse Center, the State Department of Education through the Schoolhouse Safety Resource Center shall develop conflict resolution strategies to be taught to juveniles and young adults sentenced as youthful offenders in correctional facilities. These conflict resolution strategies also shall be offered as training programs to other public and private organizations for their use.

Section 59-143-300. Each school district shall establish a procedure for the schools in the district to convene case management teams to assist children identified as in need of guidance or counseling to prevent violent behavior as required in Section 59-143-140. Schools must consult with parents at the earliest instances of recurring problem behaviors and keep them informed when such behaviors continue. Parents of children identified as candidates for case management shall be required to participate in case management meetings and in seeking services recommended by the case management team. Every effort shall be made to schedule the meetings at the convenience of the parent. If a parent or guardian fails to comply with the request from a school to participate in the case management meetings or in seeking services, the school principal or his designee may apply to the family court for a summons ordering the parent or guardian to appear before the family court to explain the reason for such failure. The summons shall be issued upon request in the same manner that jury summons are issued. Failure to comply with the summons is punishable by contempt. When a school has exhausted all attempts to schedule a meeting during the parent's non-working hours, employers must grant leave to parents for participation in these meetings.

Section 59-143-310. The State Board of Education shall promulgate regulations requiring the parenting, family literacy, and parental involvement programs mandated by the Early Childhood Development and Academic Assistance Act to include instruction in nonviolent living skills.

Section 59-143-500. In conjunction with the State Department of Education and the South Carolina Bar, the judicial department shall develop and annually offer continuing legal education seminars to attorneys licensed to practice in this State in issues of youth violence. The General Assembly expresses its desire that the Supreme Court in mandating annual continuing legal education requirements require attorneys practicing in the field of family law to complete at least one hour annually in courses relating to youth violence.

Section 59-143-510. School officials must report to appropriate law enforcement agencies any Level III criminal behavior by a student as defined by regulations of the State Department of Education.

SECTION 4. Section 20-7-600 of the 1976 Code, as last amended by Act 571 of 1990, is further amended by adding a new subsection (I) to read:

"(I) Notwithstanding any other provision of law requiring confidentiality of juvenile records, when a child is taken into custody by a law enforcement officer for an offense which would be a misdemeanor or felony if committed by an adult, not including any traffic or wildlife violations over which courts other than the family court have concurrent jurisdiction as provided in Section 20-7-410, the law enforcement officer also shall notify the principal of the school in which the child is enrolled, if any, of the nature of the offense. This information may be used by the principal for monitoring and supervisory purposes but otherwise must be kept confidential by the principal in the same manner required by Section 20-7-780."

SECTION 5. (A) The 1976 Code is amended by adding:

"Section 20-7-1351. In addition to the jurisdiction of the family court as provided in Article 5 of this chapter, the family court has jurisdiction to order to appear before it parents of children identified as in need of services or counseling to prevent violent behavior, and upon finding that the child's behavior can be changed, the court may order an assessment of the family or family participation in treatment or services to improve the behavior. A parent may be held in contempt of court for failure to comply with the provisions of this section. Parents may be ordered by the family court to participate in family counseling or in other programs or services. The court may hold a parent in contempt and fine or otherwise sanction a parent for failure to comply. However, a contempt citation applied against an individual family member shall be applied only as a last resort, can only be applied if based upon willful noncompliance or noncooperation with the treatment, rehabilitative, or supervision services required by the court and then only until compliance with these requirements is obtained. Parents also may be referred to the Department of Juvenile Justice, the Department of Mental Health, the Continuum of Care for Emotionally Disturbed Children, the Department of Social Services, or to any recognized volunteer organization as appropriate, for family assessment, counseling, and service."

(B) The 1976 Code is amended by adding:

"Section 20-7-1352. The requirement of acceptable school attendance and appropriate behavior must be an integral part of all probation orders."

(C) The 1976 Code is amended by adding:

"Section 20-7-1353. Probation and parole counselors are required to assist in the re-enrollment of all their clients who are children in the public schools upon the children's release from confinement facilities, and to bring all instances of a school's refusal to reenroll or enroll a child to the attention of the family court judge, the State Department of Education and the appropriate local advocacy group for children."

SECTION 6. Section 16-23-430 of the 1976 Code, as last amended by Act 194 of 1993, is further amended to read:

"Section 16-23-430. (1) It shall be unlawful for any person, except State state, county, or municipal law-enforcement officers or personnel authorized by school officials, to carry on his person or use or threaten to use, while on any elementary or secondary school property, a knife, with a blade over two inches long, a blackjack, a metal pipe or pole, firearms, or any other type of weapon, device, or object which may be used to inflict bodily injury or death.

(2) A person who violates the provisions of this section is guilty of a felony and, upon conviction, must be fined not more than one thousand dollars or imprisoned not more than five years, or both. Any weapon or object used in violation of this section may be confiscated by the law enforcement division making the arrest."

SECTION 7. Section 20-7-600(B) of the 1976 Code is amended to read:

"(B) When a child is not released pursuant to subsection (A), the officer taking the child into custody immediately shall notify the authorized representative of the Department of Juvenile Justice, who shall respond within one hour to the location where the child is being detained. Upon responding, the authorized representative of the department shall review the facts in the officer's report or petition and any other relevant facts and determine if there is a need for detention of the child. The officer's written report must be furnished to the authorized representatives of the department and must state:

(1) the facts of the offense;

(2) the reason why the child was not released to the parent. Unless the child is to be detained, the child must be released by the authorized representative of the department to the custody of his parents or other responsible adult upon their written promise to bring the child to the court at a stated time or at a time the court may direct. However, if the offense for which the child was taken into custody is a violent crime as defined in Section 16-1-60 or a violation of 16-23-430, the child may be released only by the authorized representative of the department with the consent of the officer who took the child into custody."

SECTION 8. Section 20-7-600(F) of the 1976 Code is amended to read:

"(F) When the authorized representative of the Department of Juvenile Justice determines that placement of a juvenile outside the home is necessary, he shall make a diligent effort to place the child in an approved home, program, or facility, other than a secure juvenile detention facility, when these alternatives are appropriate and available. A child is eligible for detention in a secure juvenile detention facility only if the child:

(1) is charged with a violent crime as defined in Section 16-1-60;

(2) is charged with a crime which, if committed by an adult, would be a felony other than a violent crime, and the child:

(a) is already detained or on probation or conditional release in connection with another delinquency proceeding;

(b) has a demonstrable recent record of wilful failures to appear at court proceedings;

(c) has a demonstrable recent record of violent conduct resulting in physical injury to others; or

(d) has a demonstrable recent record of adjudications for other felonies; and:

(i) there is clear and convincing evidence to establish a risk of flight, or serious harm to others; or

(ii) the instant offense involved the use of a firearm;

(3) is a fugitive from another jurisdiction;

(4) is charged with violation of Section 16-23-430; or

(45) requests protection in writing under circumstances that present an immediate threat of serious physical injury. A child who meets the criteria provided in this subsection is eligible for detention. Detention is not mandatory for a child meeting the criteria if that child can be supervised adequately at home or in a less secure setting or program."/

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

Senator COURSON explained the amendment.

Senator COURSON proposed the following amendment (S-EDUC\4414.19), which was adopted:

Amend the bill, as and if amended, on page 8 by deleting SECTION 6 in its entirety.

Amend the bill further, as and if amended, on page 9 by deleting SECTION 7 and inserting the following:

/SECTION 7. Section 20-7-600(B) of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"(B) When a child is not released pursuant to subsection (A), the officer taking the child into custody shall immediately shall notify the authorized representative of the Department of Juvenile Justice, who shall respond within one hour to the location where the child is being detained. Upon responding, the authorized representative of the department shall review the facts in the officer's report or petition and any other relevant facts and determine advise the officer if, in his opinion, there is a need for detention of the child. The officer's written report must be furnished to the authorized representatives of the department and must state:

(1) the facts of the offense;

(2) the reason why the child was not released to the parent. Unless the child is to be detained, the child must be released by the authorized representative of the department officer to the custody of his parents or other responsible adult upon their written promise to bring the child to the court at a stated time or at a time the court may direct. However, if the offense for which the child was taken into custody is a violent crime as defined in Section 16-1-60 20-7-600(F), the child may be released only by the authorized representative of the department with the consent of the officer who took the child into custody. If the officer does not consent to the release of the child, the parents or other responsible adult may apply to any judge of the family court within the circuit for an ex parte order of release of the child. The officer's written report must be furnished to the family court judge. The family court judge may establish conditions for such release."/

Amend the bill further, as and if amended, on page 9 by deleting all of SECTION 8 and inserting the following:

/SECTION 8. Section 20-7-600(F) of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"(F) When the authorized representative of the Department of Juvenile Justice officer who took the child into custody determines that placement of a juvenile outside the home is necessary, he the authorized representative of the Department of Juvenile Justice shall make a diligent effort to place the child in an approved home, program, or facility, other than a secure juvenile detention facility, when these alternatives are appropriate and available. A child is eligible for detention in a secure juvenile detention facility only if the child:

(1) is charged with a violent crime as defined in Section 16-1-60;

(2) is charged with a crime which, if committed by an adult, would be a felony other than a violent crime, and the child:

(a) is already detained or on probation or conditional release in connection with another delinquency proceeding;

(b) has a demonstrable recent record of wilful failures to appear at court proceedings;

(c) has a demonstrable recent record of violent conduct resulting in physical injury to others; or

(d) has a demonstrable recent record of adjudications for other felonies; and:

(i) there is clear and convincing evidence to establish a risk of flight, or serious harm to others reason to believe the child is a flight risk or poses a threat of serious harm to others; or

(ii) the instant offense involved the use of a firearm;

(3) is a fugitive from another jurisdiction;

(4) requests protection in writing under circumstances that present an immediate threat of serious physical injury;

(5) had in his possession a deadly weapon;

(6) has a demonstrable recent record of wilful failure to comply with prior placement orders including, but not limited to, a house arrest order.

A child who meets the criteria provided in this subsection is eligible for detention. Detention is not mandatory for a child meeting the criteria if that child can be supervised adequately at home or in a less secure setting or program. If the officer does not consent to the release of the child, the parents or other responsible adult may apply to any judge of the family court within the circuit for an ex parte order of release of the child. The officer's written report must be furnished to the family court judge. The family court judge may establish conditions for such release."/

Amend title to conform.

Senator COURSON explained the amendment.

There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.

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.

The Concurrent Resolution was adopted, ordered sent to the House.

THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE MOTION PERIOD.

H. 4566 -- Reps. Jennings, Askins, Baxley, Fulmer, P. Harris, Harrison, Hines, McAbee, Shissias, Snow, Spearman, Tucker, J. Wilder, Harwell, G. Brown, Neilson, Kinon, Beatty, Cobb-Hunter, Richardson, Keyserling, H. Brown, A. Young, Waldrop, Huff, T.C. Alexander, Stuart, Sturkie, R. Smith, Chamblee, Moody-Lawrence, Corning, Harrell, Thomas, Inabinett, Wilkins and Boan: A BILL TO AMEND CHAPTER 24 OF TITLE 34, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA BANK HOLDING COMPANY ACT, SO AS TO REVISE AND FURTHER PROVIDE FOR DEFINITIONS AND REGULATORY PROVISIONS AND PROCEDURES IN ORDER TO PERMIT AFTER A SPECIFIED DATE AN OUT-OF-STATE BANK HOLDING COMPANY TO OPERATE AND MAKE ACQUISITIONS IN THIS STATE IN THE SAME MANNER THAT A SOUTHERN REGION BANK HOLDING COMPANY IS PERMITTED TO OPERATE AND MAKE ACQUISITIONS.

On behalf of the Chairmen's Committee, Senator WILLIAMS moved that the Bill be made a Special Order.

The Bill was made a Special Order.

Senators MACAULAY and McCONNELL desired to be recorded as voting against the motion to make the Bill a Special Order.

H. 4941 -- Reps. Robinson, Stone, Marchbanks, Govan, Littlejohn, Mattos, Corning, Allison, Sturkie, J. Wilder, Simrill, Law, Wofford, Wright, Sharpe, Harrell, Huff, Wells, Haskins, Riser, Jaskwhich and Moody-Lawrence: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-1644 SO AS TO PROVIDE THAT LICENSED FOSTER FAMILY CARE PROVIDERS ARE NOT LIABLE FOR LOSSES RESULTING FROM ACTS MADE IN GOOD FAITH WITHIN THE SCOPE OF THEIR OBLIGATIONS AS FOSTER PARENTS; BY ADDING SECTION 43-1-90 SO AS TO REQUIRE THE DEPARTMENT OF SOCIAL SERVICES TO DEVELOP AN INTERNAL REVIEW SYSTEM FOR CASES IN WHICH A CHILD KNOWN TO THE DEPARTMENT HAS DIED; BY ADDING SECTION 62-2-805 SO AS TO PROVIDE CIRCUMSTANCES UNDER WHICH A PARENT MAY NOT INHERIT FROM A DECEASED CHILD; TO AMEND SECTION 15-78-60, AS AMENDED, RELATING TO GOVERNMENTAL IMMUNITY UNDER THE TORT CLAIMS ACT, SO AS TO PROVIDE IMMUNITY FOR LOSSES RESULTING FROM ACTS OR OMISSIONS WITHIN THE SCOPE OF DUTY OF THOSE PERSONS PERFORMING CHILD PROTECTIVE OR CHILD WELFARE RELATED FUNCTIONS; TO AMEND SECTION 15-78-170, RELATING TO ACTIONS OR CLAIMS FOR DEATH OF A PERSON AND THE DIVISION OF RECOVERY SO AS TO PROVIDE THAT ANYONE PRECLUDED FROM INHERITING FROM THE ESTATE OF A DECEASED CHILD MAY NOT ACT AS PERSONAL REPRESENTATIVE NOR BENEFIT FROM ANY PROCEEDING BASED ON INJURY TO OR DEATH OF THE CHILD; AND TO AMEND SECTION 62-3-203, AS AMENDED, RELATING TO PERSONS NOT QUALIFIED TO SERVE AS A PERSONAL REPRESENTATIVE SO AS TO INCLUDE PARENTS PRECLUDED FROM INHERITING FROM THE ESTATE OF THEIR DECEASED CHILD IN THE LEGAL CUSTODY OF THE STATE.

Senator MOORE moved to recall the Bill from the General Committee.

There was no objection.

On motion of Senator MOORE, the Bill was ordered placed on the Calendar without reference.

H. 4750 -- Reps. Littlejohn, G. Bailey and Walker: A BILL TO AMEND TITLE 5, CHAPTER 25, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BUILDING CODES AND FIRE PREVENTION, BY ADDING ARTICLE 11 SO AS TO PROVIDE FOR THE INSTALLATION AND USE OF SMOKE DETECTORS IN RENTAL DWELLINGS AND HOUSING AND PROVIDE FOR PENALTIES.

Senator LANDER moved to recall the Bill from the Committee on Labor, Commerce and Industry.

There was no objection.

On motion of Senator LANDER, the Bill was ordered placed on the Calendar without reference.

On motion of Senator LEATHERMAN, the Senate agreed to dispense with the Motion Period.

THE SENATE PROCEEDED TO THE SPECIAL ORDERS.

H. 3812 -- Reps. T.C. Alexander, M.O. Alexander, G. Bailey, J. Bailey, Cato, Gamble, Harvin, McLeod, Neilson, Richardson, Robinson, Simrill, R. Smith, Vaughn, Whipper, Gonzales, Wright and Harrison: A BILL TO AMEND TITLE 39, CHAPTER 15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LABELS AND TRADEMARKS, SO AS TO ENACT THE "TRADEMARKS AND SERVICE MARKS ACT OF 1993" INCLUDING REGISTRATION PROCEDURES, FEES, AND CIVIL PENALTIES; TO AMEND SECTION 39-15-720, RELATING TO USE OF TRADEMARKS ON TIMBER, SO AS TO CONFORM A REFERENCE TO THIS ACT; AND TO REPEAL ARTICLE 3, CHAPTER 15, TITLE 39 RELATING TO TRADEMARKS AND SERVICE MARKS.

The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.

The Bill was read the third time, passed and ordered returned to the House of Representatives with amendments.

H. 4631 -- Reps. Kirsh, G. Bailey, Boan, J. Brown, Harwell and Waldrop: A BILL TO AMEND SECTION 40-51-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXAMINATIONS TO PRACTICE PODIATRIC MEDICINE, SO AS TO REQUIRE THE BOARD TO OFFER THEM TWICE ANNUALLY; TO AMEND SECTION 40-51-110, RELATING TO RECIPROCITY, SO AS TO PROVIDE FOR LICENSURE BY ENDORSEMENT; TO AMEND SECTION 40-51-130, RELATING TO RECORDING OF LICENSE WITH COUNTY CLERK OF COURT, SO AS TO DELETE THIS REQUIREMENT; TO AMEND SECTION 40-51-160, RELATING TO DISCIPLINARY ACTION BY THE BOARD, SO AS TO AUTHORIZE THE BOARD TO REQUIRE MENTAL OR PHYSICAL EXAMINATIONS AND ACCESS TO RECORDS AND TO USE THEM IN PROCEEDINGS AND TO PROVIDE PENALTIES FOR REFUSAL TO CONSENT TO THESE EXAMINATIONS AND ACCESS TO RECORDS; TO AMEND SECTION 44-7-70, RELATING TO REPORTS BY THE STATE BOARD OF MEDICAL EXAMINERS CONCERNING DISCIPLINARY ACTION AGAINST PHYSICIANS, SO AS TO REQUIRE SUCH REPORTS ON PODIATRISTS; TO REPEAL SECTION 40-51-150, RELATING TO GROUNDS FOR REVOCATION OF LICENSES; AND TO REAUTHORIZE THE BOARD OF PODIATRY EXAMINERS FOR SIX YEARS.

The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.

The Bill was read the third time, passed and ordered returned to the House of Representatives with amendments.

Senator DRUMMOND, with unanimous consent, was recognized to address the Senate concerning the status of the Committee of Conference on H. 4820, the General Appropriation Bill.

Senator DRUMMOND moved that when the Senate adjourned, that it stand adjourned to meet at 10:00 A.M. on Friday, May 27, 1994, and that when the Senate adjourns on Friday, May 27, 1994, that it stand adjourned to meet on Monday, May 30, 1994, subject to the Call of the PRESIDENT.

Senator WILLIAMS asked unanimous consent to amend the motion to include that it be the Sense of the Senate that the Senate adjourn sine die no later than 5:00 P.M. on Thursday, June 2, 1994.

There was no objection to Senator WILLIAMS' amendment.

Senator DRUMMOND then amended the motion further and moved that when the Senate adjourned, that it stand adjourned to meet at 10:00 A.M. on Friday, May 27, 1994, and, with unanimous consent, that the order of business of the Senate on Friday would be limited to the consideration of a status report from the Committee of Conference on H. 4820, the General Appropriation Bill; and that when the Senate adjourns on Friday, May 27, 1994, that it stand adjourned to meet on Monday, May 30, 1994, subject to the Call of the PRESIDENT; and, further, that it be the Sense of the Senate that the Senate adjourn sine die no later than 5:00 P.M. on Thursday, June 2, 1994.

Senator MOORE objected.

Senator DRUMMOND renewed the motion that when the Senate adjourned, that it stand adjourned to meet at 10:00 A.M. on Friday, May 27, 1994, and that when the Senate adjourns on Friday, May 27, 1994, that it stand adjourned to meet on Monday, May 30, 1994, subject to the Call of the PRESIDENT and, further, that it be the Sense of the Senate that the Senate adjourn sine die no later than 5:00 P.M. on Thursday, June 2, 1994.

A roll call vote was ordered.

Senator MACAULAY moved under Rule 18 to divide the motion.

Senator LEATHERMAN raised a Point of Order that the motion comes too late inasmuch as a roll call vote had been ordered.

Senator MACAULAY spoke on the Point of Order.

The PRESIDENT sustained the Point of Order.

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

Bryan Cork Courson
Courtney Drummond Ford
Giese Glover Gregory
Hayes Holland Land
Lander Leatherman Leventis
Martin Matthews McConnell
McGill Mescher Mitchell
Moore O'Dell Passailaigue
Patterson Peeler Rankin
Richter Russell Setzler
Short Smith, G. Smith, J.V.
Stilwell Thomas Williams
Wilson

Macaulay Reese Ryberg
Waldrep

The motion was adopted.

At 1:15 P.M., on motion of Senator WILLIAMS, the Senate agreed to go into Executive Session.

On motion of Senator WILLIAMS, the seal of secrecy was removed and the Senate stood adjourned.

At 1:30 P.M., Senators BRYAN, MITCHELL and MESCHER requested a leave of absence until 11:00 A.M., Tuesday, May 31, 1994.

MOTION ADOPTED
On motion of Senator McGILL, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. Johnie Cornelius Dimery of Kingstree, S.C., Chief Executive Officer of Dimery and Rogers Funeral Home and Dimery's Greenlawn Cemetery, and who also was a prominent civic and community leader.

At 1:35 P.M., on motion of Senator DRUMMOND, the Senate adjourned to meet tomorrow at 10:00 A.M.

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