Indicates Matter Stricken
Indicates New Matter
The House assembled at 12:00 Noon.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:
Almighty God, we thank You for Your appealing voice and Your beckoning call. We rejoice that You are always seeking to minister to our needs: quieting our restlessness, healing our heartaches, comforting our sorrows, forgiving us in our wrongdoings. Set us free from everything that would undermine our faith to hold us back from complete surrender to the way You would have us to go. Forbid that we should walk on the lower level when You are calling us to take the lofty way. Give us strength and courage when temptations would pull us aside.
And to You, Lord, we give our unending praise and thanksgiving. Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.
After corrections to the Journal of the proceedings of Thursday, the SPEAKER ordered it confirmed.
Rep. SCOTT moved that when the House adjourns, it adjourn in memory of Quincey Brooker of Columbia, which was agreed to.
The following was received.
Columbia, S.C., April 12, 1995
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has confirmed the Governor's appointment of:
Reappointment, State Ethics Commission, with term to commence May 31, 1995, and to expire May 31, 2000:
2nd Congressional District:
Mr. Edward E. Duryea, 3 Riverside Lane, Beaufort, S.C. 29902
Very respectfully,
President
Received as information.
April 17, 1995
Mr. Speaker and Members of the House:
I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the General Assembly," and is, therefore submitted for your consideration.
Respectfully,
David M. Beasley
Initial Appointment, Charleston County Master-in-Equity, with term to commence December 24, 1992, and to expire December 24, 1998:
The Honorable Roger M. Young, 8121 Greenridge Road, North Charleston, S.C. 29406 VICE Louis Condon
The appointment was confirmed and a message was ordered sent to the Senate accordingly.
April 13, 1995
Mr. Speaker and Members of the House:
I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the General Assembly," and is, therefore submitted for your consideration.
Respectfully,
David M. Beasley
Initial Appointment, State Ethics Commission, with term to commence June 30, 1995, and to expire June 30, 2000:
At-Large:
Mr. Frank B. Washington, 2225 Lorick Avenue, Columbia, S.C. 29203 VICE Adriene B. Wright
The SPEAKER ordered the confirmation of appointment referred to the Judiciary Committee.
April 12, 1995
Mr. Speaker and Members of the House:
I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the General Assembly," and is, therefore submitted for your consideration.
Respectfully,
David M. Beasley
Initial Appointment, State Board of Pharmacy, with term to commence April 4, 1995, and to expire coterminous with the Governor:
Pharmacist At-Large:
Hubert F. Mobley, R.Ph., Mobley Drugs, Inc., 403 West Meeting Street, Lancaster, S.C. 29720 VICE Leon Ficklin, Jr.
The appointment was confirmed and a message was ordered sent to the Senate accordingly.
April 12, 1995
Mr. Speaker and Members of the House of Representatives from the 4th Congressional District:
I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the members of the 4th Congressional District," and is, therefore submitted for your consideration.
Respectfully,
David M. Beasley
Reappointment, State Board for Technical and Comprehensive Education, with term to commence July 1, 1994, and to expire July 1, 2000:
4th Congressional District:
Mr. Robert H. Chapman, III, 132 Avant Street, Spartanburg, S.C. 29302
The appointment was confirmed and a message was ordered sent to the Senate accordingly.
The following were received and referred to the Committee on Invitations and Memorial Resolutions.
The Honorable Rick Quinn
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Rep. Quinn:
Hope that your year has been enjoyable and safe. It is time once again for the S.C. Recreation and Parks Association State Legislative Reception. The reception has a different twist this year, we are having a barbecue.
We are requesting May 3, 1995, from 6:00 - 8:00 P.M. for our State Legislative Reception. It will be held at Finlay Park (formerly known as Sidney Park) in Columbia. Thank you in advance for your consideration. If you have any questions, please contact me at (803) 256-8700.
Sincerely,
James E. Headley, CLP
Executive Director, SCRPA
The Honorable Rick Quinn
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Rep. Quinn:
Laidlaw Environmental Services, Inc. would like to extend an invitation to all members of the South Carolina House of Representatives, to a reception "Saluting Our Environment."
The reception has been scheduled for Tuesday, May 9th from 6:00 P.M. until 8:00 P.M. at the State Museum located at 301 Gervais Street.
Laidlaw Environmental Service, Inc. is very proud to call South Carolina home. From our North American headquarters here in Columbia we operate facilities in 25 states, six Canadian provinces and Mexico. Currently we have over 5000 employees who daily meet the needs of our customers by providing proper treatment and disposal of their waste products.
We look forward to this opportunity to further showcase our capabilities.
Kindly place this event on the House Calendar for this date. Please contact me should you have any questions.
Sincerely,
Dan E. Jones, V.P.
Public Affairs
The Honorable Rick Quinn
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Rep. Quinn:
This letter comes to you as a formal request, to reserve a time and date on the legislative Calendar for an event to be sponsored by my parent organization, the Palmetto Project. One of the programs within the Palmetto Project is called South Carolina Commun-I-Care and is a health care access program for low-income South Carolinians with no health insurance or Medicaid. I have enclosed a fact sheet of the program's accomplishments for your perusal.
The event I wish to sponsor will be a legislative reception to be held May 10, 1995, from 6:00 P.M. until 8:00 P.M. at the Capital City Club. The purpose is to familiarize the General Assembly with the service Commun-I-Care provides for needy South Carolinians. All members of the General Assembly will be invited and Commun-I-Care will be the hosting program.
If you have any questions concerning Commun-I-Care, please do not hesitate to call me. Thank you for your assistance in this matter.
With kind regards,
Parker Sparrow
Commun-I-Care Director
The Honorable Rick Quinn
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
RE: Association of Citadel Men 1995 Legislative Barbecue
Dear Rep. Quinn:
The Governmental Affairs Committee of the Association of Citadel Men, on behalf of our Citadel alumni and friends of The Citadel, cordially extend an invitation to the members of the House of Representatives, their spouses and attaches to attend the Twentieth Annual Association of Citadel Men Legislative Barbecue. This event is held to honor the members of the General Assembly, Constitutional Officers, Justices of the Supreme Court, Judges of the Court of Appeals and Judges of the Circuit Court.
The barbecue is scheduled for Tuesday, May 16 in the Cantey Building on the State Fair Grounds from 6:30 P.M. to 10:00 P.M. Dress will be casual. Everyone attending must be at least 21 years of age.
We would request that this invitation be extended to the members of the House of Representatives by placing an announcement on the House Calendar. A formal invitation will be sent to you and to the members of the House about ten days prior to the barbecue.
Very truly yours,
Richard H. MacMillan, Jr.
Major General, USAR
President
The Senate amendments to the following Concurrent Resolution were taken up for consideration.
H. 3524 -- Rep. Limbaugh: A CONCURRENT RESOLUTION TO AUTHORIZE PALMETTO BOYS STATE TO USE THE SENATE AND HOUSE CHAMBERS ON FRIDAY, JUNE 16, 1995, FOR ITS ANNUAL STATE HOUSE MEETING.
The Senate amendments were concurred in and a message was ordered sent to the Senate accordingly.
The Senate amendments to the following Concurrent Resolution were taken up for consideration.
H. 3674 -- Rep. Spearman: A CONCURRENT RESOLUTION TO AUTHORIZE PALMETTO GIRLS STATE TO USE THE CHAMBERS OF THE SENATE AND THE HOUSE OF REPRESENTATIVES ON THURSDAY, JUNE 15, 1995, AND FRIDAY, JUNE 16, 1995.
The Senate amendments were concurred in and a message was ordered sent to the Senate accordingly.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
H. 3841 -- Reps. Sheheen, Quinn, Harrison, Delleney, Baxley, Wilkins and Thomas: A BILL TO AMEND SECTIONS 14-8-10, 14-8-20, 14-8-80, AND 14-8-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COURT OF APPEALS, SO AS TO PROVIDE FOR THREE ADDITIONAL JUDGES FOR THE COURT OF APPEALS, FOR AN ADDITIONAL PANEL OF THE COURT, AND FOR OTHER PROCEDURES NECESSARY TO REFLECT A NINE MEMBER COURT; TO AMEND SECTION 14-5-610, AS AMENDED, RELATING TO THE JUDICIAL CIRCUITS OF THIS STATE AND JUDGES FOR THE CIRCUIT COURTS, SO AS TO ADD THREE ADDITIONAL CIRCUIT COURT JUDGES FROM SPECIFIED CIRCUITS; AND TO AMEND SECTION 20-7-1410, RELATING TO FAMILY COURT JUDGES, SO AS TO ADD THREE ADDITIONAL FAMILY COURT JUDGES FROM SPECIFIED CIRCUITS.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
H. 3845 -- Rep. Cromer: A BILL TO AMEND SECTION 14-7-130, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PREPARATION OF THE JURY LIST FOR EACH COUNTY FROM A TAPE OF PERSONS HOLDING A VALID SOUTH CAROLINA DRIVER'S LICENSE, SO AS TO PROVIDE THAT THIS JURY LIST SHALL BE FURNISHED IN 1995 AND EVERY THIRD YEAR THEREAFTER RATHER THAN EACH YEAR, AND TO REVISE THE MONTHS IN WHICH THE LIST IS COMPILED AND FURNISHED.
Ordered for consideration tomorrow.
Rep. H. BROWN, from the Committee on Ways and Means, submitted a favorable report, with amendments, on:
H. 3273 -- Rep. Townsend: A BILL TO AMEND SECTIONS 56-3-3310 AND 56-3-3320, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIAL LICENSE PLATES FOR RECIPIENTS OF THE PURPLE HEART, SO AS TO ELIMINATE THE BIENNIAL FEE FOR THE LICENSE PLATE, TO PROVIDE THAT THE PLATE MUST BE PERMANENT, AND TO ELIMINATE THE REQUIREMENT THAT THE LICENSE PLATE BE ISSUED ON A BIENNIAL BASIS.
Ordered for consideration tomorrow.
Rep. H. BROWN, from the Committee on Ways and Means, submitted a favorable report, with amendments, on:
S. 368 -- Senator Land: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 9-8-125 SO AS TO AUTHORIZE A MEMBER OF THE RETIREMENT SYSTEM FOR JUDGES AND SOLICITORS WHO IS AT LEAST SIXTY-FIVE YEARS OF AGE AND ELIGIBLE TO RECEIVE RETIREMENT BENEFITS FROM THE RETIREMENT SYSTEM FOR MEMBERS OF THE GENERAL ASSEMBLY BUT FOR THE MEMBER'S CURRENT EMPLOYMENT AS A JUDGE OR SOLICITOR TO ELECT TO RECEIVE THESE BENEFITS.
Ordered for consideration tomorrow.
The following was introduced:
H. 4127 -- Reps. J. Young and Harvin: A CONCURRENT RESOLUTION EXPRESSING PROFOUND SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF LANCE CORPORAL MICHAEL CHAPPELL OF THE SOUTH CAROLINA HIGHWAY PATROL AND EXTENDING DEEPEST SYMPATHY TO THE MEMBERS OF HIS FAMILY AND MANY FRIENDS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The Senate sent to the House the following:
S. 734 -- Senators O'Dell and Waldrep: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE PORTION OF STATE HIGHWAY 20 IN ANDERSON COUNTY FROM WILLIAMSTON SOUTHWARD THROUGH BELTON TO THE ABBEVILLE COUNTY LINE AS THE "ERNEST ALLEN BURRISS MEMORIAL HIGHWAY".
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The Senate sent to the House the following:
S. 743 -- Senator J. Verne Smith: A CONCURRENT RESOLUTION CONGRATULATING SOUTH CAROLINA NATIVE RODNEY HUCKABY FOR RECEIVING TOP HONORS IN THIS YEAR'S STATE MIGRATORY WATERFOWL STAMP COMPETITION DURING THE SOUTHEASTERN WILDLIFE EXPOSITION AND FOR HAVING HIS PAINTING FEATURED ON THE 1995-96 STATE MIGRATORY WATERFOWL STAMP.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following Bills and Joint Resolution were introduced, read the first time, and referred to appropriate committees:
H. 4128 -- Rep. Townsend: A BILL TO AMEND SECTION 59-24-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT THAT SCHOOL OFFICIALS CONTACT LAW ENFORCEMENT AUTHORITIES WHEN CRIMINAL CONDUCT OCCURS, SO AS TO PROVIDE THAT THE ATTORNEY GENERAL MUST ALSO BE CONTACTED.
Referred to Committee on Education and Public Works.
S. 732 -- Senator Drummond: A BILL TO AMEND ACT 902 OF 1964, AS AMENDED, RELATING TO THE ABBEVILLE COUNTY HISTORIC PRESERVATION COMMISSION, SO AS TO INCREASE THE MEMBERSHIP OF THE COMMISSION FROM SEVEN TO ELEVEN MEMBERS.
On motion of Rep. STILLE, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
S. 677 -- Senator Leventis: A JOINT RESOLUTION TO DIRECT THE CLEMSON UNIVERSITY LIVESTOCK-POULTRY HEALTH DIVISION TO ESTABLISH A QUARANTINE FOR LARYNGOTRACHEITIS, AN INFECTIOUS AND COMMUNICABLE POULTRY DISEASE, AND TO PROVIDE REQUIREMENTS FOR THE QUARANTINE.
On motion of Rep. SHARPE, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.
The following was introduced:
H. 4129 -- Reps. Scott, Allison, Anderson, Askins, Bailey, Baxley, Beatty, Boan, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Byrd, Cain, Canty, Carnell, Cato, Cave, Chamblee, Clyburn, Cobb-Hunter, Cooper, Cotty, Cromer, Dantzler, Davenport, Delleney, Easterday, Elliott, Fair, Felder, Fleming, Fulmer, Gamble, Govan, Hallman, Harrell, J. Harris, P. Harris, Harrison, Harvin, Harwell, Haskins, Herdklotz, Hines, Hodges, Howard, Huff, Hutson, Inabinett, Jaskwhich, Jennings, Keegan, Kelley, Kennedy, Keyserling, Kinon, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Limbaugh, Limehouse, Littlejohn, Lloyd, Marchbanks, Martin, Mason, McAbee, McCraw, McElveen, McKay, McMahand, McTeer, Meacham, Moody-Lawrence, Neal, Neilson, Phillips, Quinn, Rhoad, Rice, Richardson, Riser, Robinson, Rogers, Sandifer, Seithel, Sharpe, Sheheen, Shissias, Simrill, D. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Thomas, Townsend, Tripp, Trotter, Tucker, Vaughn, Waldrop, Walker, Wells, Whatley, L. Whipper, S. Whipper, White, Wilder, Wilkes, Wilkins, Williams, Witherspoon, Wofford, Worley, Wright, A. Young and J. Young: A CONCURRENT RESOLUTION COMMENDING THE HONORABLE NICK A. THEODORE FOR HIS MANY YEARS OF DEDICATED SERVICE TO THE GENERAL ASSEMBLY AND THE STATE OF SOUTH CAROLINA AND TO WISH HIM AND HIS WIFE EMILIE WELL IN ALL THEIR FUTURE ENDEAVORS.
Whereas, Nick A. Theodore served in the State House of Representatives from 1963 through 1966 and 1969 through 1978; and
Whereas, he served in the State Senate from 1967 through 1968 and from 1981 through 1986; and
Whereas, Nick served with distinction as Lieutenant Governor from 1987 through 1994; and
Whereas, he is a 1952 graduate of Furman University; and
Whereas, Nick has served as an Executive Committeeman of the South Carolina Jaycees, President of the South Carolina Jaycees; President of the Greenville Jaycees; Chairman of the Greenville County March of Dimes; and Director of the Greenville County Red Cross; and
Whereas, he has served as the Secretary of the St. George Greek Orthodox Church; Master Councilor of the Greenville Order of DeMoLay; and State Master Councilor S.C. DeMoLay; and
Whereas, Nick was named Outstanding Young Man of Greenville County and South Carolina in 1962; and
Whereas, he was named Outstanding Legislator by the South Carolina Alcohol and Drug Abuse Association in 1978; and
Whereas, Nick served on the Winthrop University Board of Visitors from 1976 through 1977 and the Citadel Board of Visitors from 1985 through 1986; and
Whereas, he has served as Co-chairman of the South Carolina Education Finance Act Task Force; Chairman of the House Education and Public Works Committee; and Co-chairman of the South Carolina Commission on Government Restructuring; and
Whereas, Nick has served as a member of the Joint Legislative Study Committee on Alcohol and Drugs; State Employees Committee; Hazardous Waste Task Force; Committee on the Future of South Carolina; and the Lieutenant Governor Action Council for Youth; and
Whereas, he is President of the successful William Goldsmith Agency; and
Whereas, Nick and his wife Emilie have reared three children; and
Whereas, he is a truly distinguished South Carolinian who has given most generously of his time and talents to the citizens of the Palmetto State for many years. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly commend the Honorable Nick A. Theodore for his many years of dedicated service to the citizens of the Palmetto State and wish him and his wife Emilie well in all of their future endeavors.
Be it further resolved that a copy of this resolution be forwarded to Nick and Emilie Theodore.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4130 -- Reps. Scott, Neal, Allison, Anderson, Askins, Bailey, Baxley, Beatty, Boan, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Byrd, Cain, Canty, Carnell, Cato, Cave, Chamblee, Clyburn, Cobb-Hunter, Cooper, Cotty, Cromer, Dantzler, Davenport, Delleney, Easterday, Elliott, Fair, Felder, Fleming, Fulmer, Gamble, Govan, Hallman, Harrell, J. Harris, P. Harris, Harrison, Harvin, Harwell, Haskins, Herdklotz, Hines, Hodges, Howard, Huff, Hutson, Inabinett, Jaskwhich, Jennings, Keegan, Kelley, Kennedy, Keyserling, Kinon, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Limbaugh, Limehouse, Littlejohn, Lloyd, Marchbanks, Martin, Mason, McAbee, McCraw, McElveen, McKay, McMahand, McTeer, Meacham, Moody-Lawrence, Neilson, Phillips, Quinn, Rhoad, Rice, Richardson, Riser, Robinson, Rogers, Sandifer, Seithel, Sharpe, Sheheen, Shissias, Simrill, D. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Thomas, Townsend, Tripp, Trotter, Tucker, Vaughn, Waldrop, Walker, Wells, Whatley, L. Whipper, S. Whipper, White, Wilder, Wilkes, Wilkins, Williams, Witherspoon, Wofford, Worley, Wright, A. Young and J. Young: A CONCURRENT RESOLUTION EXTENDING BEST WISHES AND CONGRATULATIONS TO MRS. GRACIE W. SCOTT UPON HER 62ND BIRTHDAY.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The roll call of the House of Representatives was taken resulting as follows.
Allison Anderson Askins Bailey Baxley Beatty Boan Breeland Brown, G. Brown, H. Brown, J. Brown, T. Carnell Cato Cave Chamblee Clyburn Cooper Cotty Cromer Dantzler Davenport Delleney Easterday Fair Fleming Fulmer Gamble Govan Hallman Harrell Harris, J. Harris, P. Harrison Herdklotz Hines Hodges Howard Hutson Keegan Kelley Kennedy Keyserling Kinon Kirsh Klauber Knotts Koon Lanford Law Limbaugh Limehouse Littlejohn Lloyd Marchbanks Mason McAbee McCraw McKay McMahand McTeer Meacham Neal Phillips Rhoad Rice Richardson Riser Robinson Rogers Sandifer Scott Seithel Sharpe Sheheen Shissias Simrill Smith, D. Smith, R. Stille Stuart Thomas Townsend Trotter Vaughn Waldrop Walker Wells Whatley Whipper, L. Whipper, S. White Wilder Wilkins Williams Witherspoon Wofford Worley Wright Young, A. Young, J.
I came in after the roll call and was present for the Session on Tuesday, April 18.
Denny W. Neilson Curtis B. Inabinett John W. Tucker, Jr. Alma W. Byrd Michael F. Jaskwhich Larry L. Elliott Timothy C. Wilkes Bessie Moody-Lawrence Eugene C. Stoddard Joseph T. McElveen, Jr. B. Hicks Harwell Terry E. Haskins Douglas Jennings, Jr. Molly M. Spearman Bradley D. Cain C. Alex Harvin, III
LEAVES OF ABSENCE
The SPEAKER granted Rep. COBB-HUNTER a leave of absence for the day to attend a conference in Chatilly, Virginia, sponsored by the Milbank Foundation.
The SPEAKER granted Rep. FELDER a leave of absence due to the illness of his mother.
The SPEAKER granted Rep. TRIPP a leave of absence for the day.
The following Joint Resolution was taken up, read the second time, and ordered to a third reading:
H. 4044 -- Reps. Kinon, Jennings and Harwell: A JOINT RESOLUTION TO PROVIDE FOR THE LEVY OF TAXES FOR SCHOOL PURPOSES IN DILLON COUNTY FOR THE FISCAL YEAR BEGINNING JULY 1, 1995, AND ENDING JUNE 30, 1996.
Rep. STILLE moved to adjourn debate upon the following Bill, which was adopted.
H. 4089 -- Reps. Stille, Townsend, Carnell and McAbee: A BILL TO AMEND ACT 902 OF 1964, AS AMENDED, RELATING TO THE CREATION OF THE ABBEVILLE COUNTY HISTORIC PRESERVATION COMMISSION, SO AS TO INCREASE THE MEMBERS OF THE COMMISSION FROM SEVEN TO ELEVEN.
Rep. CATO moved to adjourn debate upon the following Bill, which was adopted.
H. 3578 -- Reps. Wilkins, McMahand, Tripp, Haskins, Walker, Littlejohn, Allison, Rice, Easterday, D. Smith, Davenport, Jaskwhich, Herdklotz, Wells, Lanford, Cato and Fair: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 5-3-15 AND 55-11-185 SO AS TO PROVIDE THAT THE REAL PROPERTY OWNED BY AN AIRPORT DISTRICT COMPRISED OF MORE THAN ONE COUNTY MAY NOT BE ANNEXED BY A MUNICIPALITY WITHOUT PRIOR WRITTEN APPROVAL OF THE GOVERNING BODY OF THE DISTRICT, AND PROVIDE THAT THE REAL PROPERTY OWNED BY THE GREENVILLE-SPARTANBURG AIRPORT DISTRICT MAY NOT BE ANNEXED BY A MUNICIPALITY WITHOUT PRIOR WRITTEN APPROVAL OF THE GREENVILLE-SPARTANBURG AIRPORT COMMISSION.
The following Bills were taken up, read the third time, and ordered sent to the Senate.
H. 3504 -- Reps. Delleney, Felder, Mason, Martin, Harrison, Elliott, Seithel, Hodges, Witherspoon, Jaskwhich, Limbaugh, Cain, Vaughn, Herdklotz, Fair, Rice, McCraw, Huff, Quinn, Haskins, Wilkins, Sheheen, Phillips, Wells and Davenport: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-112 SO AS TO PROVIDE THAT IN DETERMINING INDIGENCY FOR THE PURPOSE OF APPOINTING LEGAL COUNSEL FOR A CHILD IN A DELINQUENCY PROCEEDING, THE COURT MUST DETERMINE THE PARENTS' ABILITY TO RETAIN COUNSEL FOR THE CHILD AND TO REQUIRE THE PARENTS TO REIMBURSE THE INDIGENT DEFENSE FUND IF COUNSEL IS APPOINTED FOR THE CHILD.
H. 3535 -- Reps. Delleney, Martin, Baxley, Knotts, Littlejohn, A. Young, Harrison, Wright, Sheheen, J. Harris and Thomas: A BILL TO AMEND SECTION 20-7-430, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRANSFER OF JUVENILE JURISDICTION, SO AS TO REQUIRE THE FAMILY COURT TO TRANSFER JURISDICTION OF A CHILD FOURTEEN YEARS OF AGE OR OLDER IF THE CHILD HAS BEEN CHARGED WITH AN OFFENSE THAT, IF COMMITTED BY AN ADULT, WOULD PROVIDE FOR A TERM OF IMPRISONMENT FOR TEN YEARS OR MORE AND THE CHILD HAS TWO PRIOR ADJUDICATIONS FOR OFFENSES CARRYING THE SAME SENTENCE.
The following Bill was taken up.
H. 3604 -- Reps. Wilkins, McMahand, Herdklotz, Haskins, Littlejohn, Wells, Rice, Jaskwhich, D. Smith, Tripp, Walker, Davenport, Fair, Allison, Lanford and Cato: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 55-11-220 SO AS TO CREATE AN AIRPORT ENVIRONS AREA WITHIN THE GREENVILLE-SPARTANBURG AIRPORT DISTRICT AND PROVIDE THAT AN AIRPORT ENVIRONS AUTHORITY IS CREATED AND CONFERRED CERTAIN POWERS TO ENSURE COMPATIBLE LAND USE OF PROPERTY IN THE ENVIRONS AREA, PROVIDE FOR THE COMPOSITION OF THE AUTHORITY, AND PROVIDE THAT IF THERE IS A CONFLICT BETWEEN THE POWERS CONFERRED ON THE AUTHORITY AND OTHER REGULATIONS APPLICABLE TO THE SAME AREA, THE PROVISIONS CONFERRED TO THE AUTHORITY PURSUANT TO THE PROVISIONS OF THIS ACT CONTROL.
Reps. WILKINS, CATO, ALLISON, WELLS and HERDKLOTZ proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\PT\1922DW.95), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. (A) The General Assembly finds that airport hazards threaten the lives and property of users of the Greenville-Spartanburg Airport and of occupants of land in its vicinity; if of the obstruction type, these hazards reduce the size of the area available for the taking off, maneuvering, or landing of aircraft, thus tending to destroy or impair the utility of the airport and the public investment in it. It is further found that other hazards may arise from certain activities and uses of land in the immediate vicinity of the Greenville-Spartanburg Airport that are not compatible with normal airport operations, and may, if not regulated, endanger the lives of passengers and persons on the ground, adversely affect their health, or otherwise limit the accomplishment of normal activities. It is further found that because the areas impacted by these airport hazards are within different political jurisdictions, a coordinated, community-wide approach is required to protect the public interest. Accordingly, it is declared that:
(1) for the purposes of this section, an airport hazard is any structure, tree, or use of land which obstructs the airspace required for the flight of aircraft in taking off, maneuvering, or landing of aircraft, or which involves certain activities and uses of land in the immediate vicinity of airports, which are not compatible with normal airport operations, and may, if not regulated, adversely affect the health of residents in the vicinity;
(2) the creation or establishment of an airport hazard and the incompatible use of land in the Greenville-Spartanburg Airport vicinities are public nuisances and injure the community served by the Greenville-Spartanburg Airport;
(3) it is therefore necessary in the interest of public health, public safety, and general welfare that the creation or establishment of airport hazards and incompatible land uses be regulated and prevented to assure adequate airspace and uses compatible with airport noise and in the interests of public safety; and
(4) this should be accomplished, to the extent legally possible, by the exercise of local police powers and existing administrative and regulatory procedures, without additional compensation, on a coordinated, community-wide basis.
(B) It is further declared that limiting and regulating land uses incompatible with normal airport operations as presently existing and as may be planned, preventing the creation or establishment of airport hazards, and eliminating, removing, altering, mitigating, or marking and lighting of existing airport hazards are public purposes.
SECTION 2. The 1976 Code is amended by adding:
"Section 55-11-230. (A) An area designated as the airport environs area is created within the district for purposes of assuring land uses compatible with airport operations. The airport environs area consists of all property contained within the rectangular area described as follows:
All property situate within 32,200 feet East Southeast of the centerpoint of the existing airport runway (being 7,600 feet in length), and 36,658 feet West Northwest of the centerpoint of the existing airport runway, and 5,280 feet Northeast of the centerpoint of the existing airport runway, and 9,580 feet Southwest of the centerpoint of the existing airport runway.
Within the boundaries of the airport environs area described above, there is created a sub-area in which only commercial, industrial, and/or agricultural land uses is appropriate (the 'commercial, industrial, agricultural zone'). The commercial, industrial, agricultural zone consists of all property contained within the roughly rectangular sub-area described as follows:
The long sides of the roughly rectangular area shall be parallel with the centerline of the existing runway (being 7,600 feet in length) and offset 2,500 feet to the Northwest and 6,800 feet to the Southwest, perpendicular to the runway centerline. The ends of the roughly rectangular area follow Rocky Creek on the Southwestern side which is approximately 19,800 feet Southwest of the runway centerpoint, and on the Northeastern side US-29N to its intersection with Gap Creek Road and then following Gap Creek Road which is approximately 24,800 feet Northeast of the runway centerpoint.
(B)(1) There is created the Greenville-Spartanburg Airport Environs Land Commission (the 'commission'), consisting of nine voting members and two nonvoting members as follows:
(a) two voting members representing and appointed by the City of Greer, one of whom also must be a resident of Greenville County and one of whom also must be a resident of Spartanburg County;
(b) two voting members representing and appointed by Spartanburg County;
(c) one voting member representing and appointed by Duncan;
(d) one voting member representing and appointed by Lyman;
(e) two voting members representing and appointed by Greenville County;
(f) one voting member representing and appointed by the City of Mauldin;
(g) all voting members must be appointed or reappointed annually by the appointing county or municipality. If these members are elected members of the county or municipality governing body, each representative shall serve ex officio and with full vote; and
(h) two nonvoting members must be appointed or reappointed annually by the Greenville-Spartanburg Airport District.
(2) If any new municipality is created where its boundaries are wholly or partially within the airport environs area, or if any existing municipality extends its corporate boundaries into the airport environs area, that municipality becomes a member of the commission with one voting representative appointed as described in subitem (g) of item (1) of this subsection.
(3) The commission is charged with the responsibility of:
(a) developing a coordinated comprehensive land use plan in a manner consistent with the process referred to in the South Carolina Local Government Comprehensive Planning Enabling Act of 1994 for the airport environs area, contained in Article 3, Chapter 29, Title 6;
(b) updating the land use plan to reflect changes in the airport environs area and the uses of the airport; and
(c) monitoring the administration of, and compliance with, the plan by the affected counties and municipalities. The commission's actions are to assure that land use within the airport environs area is compatible with noise, health, safety, and welfare considerations arising from the operation of the district. The initial meeting of the commission must be held within forty-five days of the effective date of this section.
(4) By December 1, 1995, the commission shall develop a uniform zoning ordinance and uniform building performance standards ordinance for the airport environs area, submit them for review to the governing body of each political subdivision represented on the commission, conduct public hearings pursuant to Article 3, Chapter 29, Title 6, on the proposed uniform ordinances and submit the final version of these ordinances, which shall have been previously submitted to the South Carolina Department of Commerce and the Federal Aviation Administration for comment, to the governing body of each political subdivision represented on the commission for adoption and implementation fully and without amendment by that governing body. The commission, by unanimous agreement of all voting and nonvoting members, may extend the December 1, 1995, deadline for a reasonable period of time not to exceed four months for completion of these tasks. Each political subdivision shall incorporate the uniform ordinances into its existing ordinances as an 'overlay zone', identifying areas subject to regulation which are supplementary to the existing regulations of that political subdivision, or as new or superseding ordinances to that political subdivision's existing ordinances; provided that if there is a conflict between the provisions of the uniform ordinances and other ordinances or regulations of a political subdivision applicable to the airport environs area, the provisions of the uniform ordinances or regulations, or both, created thereby apply. If uniform ordinances are not developed by the commission and adopted by all of the political subdivisions represented on the commission by December 1, 1995, or the extended date of completion as described above, any of the entities represented on the commission may file an action for relief, including mandamus or injunctive relief, in the Circuit Court for Greenville or Spartanburg County, to require adoption of appropriate ordinances as directed by this section. This action must be brought within sixty days of the December 1, 1995, deadline, or the extended deadline date agreed to by the commission as set forth above.
(5) The commission shall organize itself, electing one of its voting members as chairman and one of its voting members as vice chairman, whose terms must be for one year. It shall appoint a secretary, who must be a nonvoting member. The secretary shall give notice of all meetings to all members of the commission at least three business days prior to the meeting.
(6) The commission shall provide for the keeping of minutes of its proceedings which must be a public record. A majority of the members of the commission constitutes a quorum. A quorum must be present before any business is conducted, other than the rescheduling of the meeting. A member must be present to vote. All decisions must be by majority vote of the voting members present and voting. The commission, as it considers appropriate, may utilize committees and subcommittees. The general administrative expenses of the commission must be borne by the Greenville-Spartanburg Airport District. A budget for these expenses must be developed by the commission to include anticipated costs for consultants.
(7) The commission is subject to the provisions of Freedom of Information Act as contained in Chapter 4, Title 30.
(8) The commission shall work with the Greenville and Spartanburg County Planning Commissions and the planning commission of each affected municipality in the performance of its duties as outlined in item (4) of this subsection. The costs of the services of consultants and advisors, other than provided for in the budget, rendered to the commission at the request of a specific member must be borne by that member.
(9) In developing the uniform ordinances, the commission shall specifically address, among other items, the following specific issues:
(a) the providing of record notice to property owners of the fact that their property is within the airport environs area;
(b) density criteria for the airport environs area;
(c) sound abatement permit and building criteria;
(d) incompatible use criteria and definition for the commercial, industrial, agricultural zone, and the remaining property within the airport environs area;
(e) height restriction criteria;
(f) lighting hazard criteria within the airport environs area;
(g) applicable FAA and state regulations for airport activities and operations;
(h) obtaining aviation easements;
(i) application and review processes for building permits;
(j) the providing of ongoing notice to the commission and each of its members of pending zoning or permitting requests and other actions in the affected counties and municipalities to assure that each member has notice and the opportunity to be heard with respect to such actions;
(k) enforcement and penalty provisions, including injunctive relief;
(l) the utilization of fees to be imposed to defray costs for services and attendant expenses involved in the administration of the regulations;
(m) the development of uniform standards for regulating nonconforming uses; and
(n) the development of an appropriate legal description of the boundaries of the airport environs area and the commercial, industrial, and agricultural zone described in subsection (A) of this section for use in the administration of the uniform ordinance.
(10) Following the adoption of the uniform ordinances by each political subdivision represented on the commission, each political subdivision is responsible for the implementation and administration of the uniform ordinances within its jurisdiction, including all administrative costs incurred in connection therewith. The district shall pay for any exceptional administrative costs determined by the commission, and agreed to by the district, to be direct and reasonable costs resulting from any special task required in the administration of the uniform ordinances. Additionally, the district shall pay for the reasonable administrative expenses involved in the monitoring activities described in subitem (c) of item (3) of this subsection. The commission shall meet at least annually to review the administration of the ordinances by the member bodies, to consider issues which may require modifications or additions to the uniform ordinances, to recommend appropriate studies to evaluate the effectiveness of the objectives of the uniform ordinances, to consider future activities of the district and the impact of the same upon the airport environs area, and conduct such other business as may be appropriate. Based upon these activities, the commission shall prepare and submit to the member political subdivisions such amendments or additions to the uniform ordinances as may be necessary which must be adopted as provided in item (4) of this subsection.
(11) In connection with the administration of the uniform ordinances by any member political subdivision, the commission as a whole or any of its member bodies individually or collectively, including the district, have standing to appear and support or oppose the proposed action of the particular political subdivision involved and have the same standing to appeal this action as the affected political subdivision or the affected landowner would have under Article 5, Chapter 29, Title 6.
(12) A use which exists on the date of adoption by any member political subdivision of the uniform ordinances required by this section and which is inconsistent with the provisions of these ordinances is exempt from the provisions of these ordinances, and any regulation created by these ordinances may not require the removal or alteration of any structure that, as it exists when the uniform ordinances are adopted, did not conform to that regulation."
SECTION 3. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
Rep. CATO explained the amendment.
The amendment was then adopted.
Rep. VAUGHN proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\PT\1925DW.95), which was adopted.
Amend the amendment, as and if amended, Page 9, by striking item (6) of subsection (B) and inserting:
/(6) The commission shall provide for the keeping of minutes of its proceedings which shall be a public record. A majority of the voting members of the commission shall constitute a quorum. A quorum shall be present before any business is conducted, other than the rescheduling of the meeting. A member must be present to vote. All decisions shall be by majority vote of the voting members present and voting. The commission, as it considers appropriate, may utilize committees and subcommittees. The general administrative expenses of the commission shall be borne by the Greenville-Spartanburg Airport District. A budget for such expenses shall be developed by the commission. A budget for such expenses shall be developed by the commission to include anticipated costs for consultants./
Renumber sections to conform.
Amend title to conform.
Rep. VAUGHN explained the amendment.
The amendment was then adopted.
Rep. VAUGHN proposed the following Amendment No. 5 (Doc Name L:\council\legis\amend\BBM\10173DW.95), which was adopted.
Amend the amendment, as and if amended, Page 13, by adding a new item to read:
/(13) All costs, fees, or awards, or any combination of these, arising from or as a result of any action of the Greenville-Spartanburg Airport Environs Commission must be borne equally by the governing bodies of Greenville and Spartanburg Counties./
Amend title to conform.
Rep. VAUGHN explained the amendment.
The amendment was then adopted.
Reps. WILKINS, CATO, ALLISON, WELLS and HERDKLOTZ proposed the following Amendment No. 6 (Doc Name L:\council\legis\amend\PT\1936DW.95), which was adopted.
Amend the amendment, as and if amended, Page 12, Line 13, by inserting after (11) /(a)/.
Amend further, Page 12, by inserting immediately following line 21:
/(b) Affected property owners or other aggrieved parties have the same standing to appeal rights with respect to a decision by a member political subdivision pursuant to its ordinance adopting the uniform ordinances as property owners or aggrieved parties have in accordance with the appeal processes provided in Article 5, Chapter 29, Title 6./
Renumber sections to conform.
Amend title to conform.
Rep. CATO explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up.
H. 3915 -- Education and Public Works Committee: A BILL TO AMEND SECTION 59-103-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE COMMISSION ON HIGHER EDUCATION, SO AS TO REVISE THE MEMBERSHIP OF THE COMMISSION AND THE MANNER IN WHICH THE MEMBERS ARE SELECTED; TO ADD SECTION 59-103-45 SO AS TO PROVIDE THAT THE COMMISSION ON HIGHER EDUCATION SHALL ESTABLISH PROCEDURES FOR THE TRANSFERABILITY OF UNDERGRADUATE COURSES BETWEEN TWO-YEAR AND FOUR-YEAR INSTITUTIONS, COORDINATE WITH THE STATE BOARD OF EDUCATION THE APPROVAL OF CERTAIN SECONDARY EDUCATION COURSES, AND REVIEW UNDERGRADUATE ADMISSION STANDARDS FOR IN-STATE AND OUT-OF-STATE STUDENTS; TO AMEND SECTION 59-103-60, RELATING TO RECOMMENDATIONS OF THE COMMISSION ON HIGHER EDUCATION TO THE BUDGET AND CONTROL BOARD AND THE GENERAL ASSEMBLY, SO AS TO INCLUDE THE GOVERNOR'S OFFICE AS A RECIPIENT OF SUCH RECOMMENDATIONS AND DELETE THE BUDGET AND CONTROL BOARD, AND PROVIDE THAT THE HOUSE WAYS AND MEANS COMMITTEE AND THE SENATE FINANCE COMMITTEE AS WELL AS THE BUDGET AND CONTROL BOARD MAY REFER TO THE COMMISSION CERTAIN REQUESTS OF INSTITUTIONS OF HIGHER LEARNING; TO AMEND SECTION 59-103-90 RELATING TO THE PROFESSIONAL STAFF OF THE COMMISSION, SO AS TO PROVIDE THAT THE EXECUTIVE DIRECTOR SHALL BE APPOINTED BY THE COMMISSION TO SERVE AT ITS PLEASURE WITH NO GRIEVANCE RIGHTS, AND TO PROVIDE THAT THE OTHER PROFESSIONAL STAFF COMPLEMENT OF THE COMMISSION SHALL BE ESTABLISHED BY THE EXECUTIVE DIRECTOR RATHER THAN THE COMMISSION; AND TO CREATE A JOINT LEGISLATIVE COMMITTEE TO STUDY THE GOVERNANCE, OPERATION, AND STRUCTURE OF HIGHER EDUCATION IN SOUTH CAROLINA.
Rep. ROBINSON proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\GJK\21669SD.95), which was tabled.
Amend the bill, as and if amended, in Section 59-103-45(3) of the 1976 Code, as contained in SECTION 2, by striking /review/ on line 40, page 3, and inserting /set/.
Renumber sections to conform.
Amend totals and title to conform.
Rep. ROBINSON explained the amendment.
Rep. TOWNSEND spoke against the amendment and moved to table the amendment, which was agreed to.
Rep. ROBINSON proposed the following Amendment No. 3 (Doc Name L:\council\legis\amend\GJK\21670SD.95), which was tabled.
Amend the bill, as and if amended, in Section 59-103-45 of the 1976 Code, as contained in SECTION 2 by adding a new item to be appropriately numbered immediately after item (3) to read:
/( ) establish the mission of each state-supported four-year or graduate institution of higher learning./
Renumber sections to conform.
Amend totals and title to conform.
Rep. ROBINSON explained the amendment.
Rep. TOWNSEND moved to table the amendment, which was agreed to.
Rep. ROBINSON proposed the following Amendment No. 4 (Doc Name L:\council\legis\amend\GJK\21668SD.95), which was tabled.
Amend the bill, as and if amended, by adding a new SECTION to be appropriately numbered to read:
/SECTION ____. The 1976 Code is amended by adding:
"Section 59-101-346. Notwithstanding any other provision of law, only those members of the governing board of a state-supported college or university who have been elected by the General Assembly may vote on any budgetary matter before the board, including the determination of tuition, which affects the expenditure of or the requirements for state-appropriated funds."/
Renumber sections to conform.
Amend totals and title to conform.
Rep. ROBINSON explained the amendment.
Rep. SCOTT moved to table the amendment, which was agreed to.
Rep. ROBINSON proposed the following Amendment No. 5 (Doc Name L:\council\legis\amend\GJK\21667SD.95), which was tabled.
Amend the bill, as and if amended, by adding a new SECTION to be appropriately numbered to read:
/SECTION ____. The 1976 Code is amended by adding:
"Section 59-101-345. Notwithstanding any other provision of law, only those members of the governing board of a state-supported college or university who have been elected by the General Assembly may serve as an officer of such board."/
Renumber sections to conform.
Amend totals and title to conform.
Rep. ROBINSON explained the amendment.
Rep. SIMRILL moved to table the amendment, which was agreed to.
Rep. ROBINSON proposed the following Amendment No. 7 (Doc Name L:\council\legis\amend\GJK\21666SD.95), which was tabled.
Amend the bill, as and if amended, in Section 59-103-10 of the 1976 Code, as contained in SECTION 1, by inserting immediately after /commission./ on line 23, page 2, /Any ex officio members of the commission from public senior or four-year institutions of higher learning must be members of their respective board who are elected by the General Assembly./
Renumber sections to conform.
Amend totals and title to conform.
Rep. ROBINSON explained the amendment.
Rep. TOWNSEND moved to table the amendment, which was agreed to.
Rep. ROBINSON proposed the following Amendment No. 8 (Doc Name L:\council\legis\amend\GJK\21689SD.95), which was tabled.
Amend the bill, as and if amended, in Section 59-103-10 of the 1976 Code, as contained in SECTION 1, by inserting immediately /State/ on line 34, page 2, /, and no employee of a public or private institution of higher learning of this State may serve as an ex officio member of the commission/.
Renumber sections to conform.
Amend totals and title to conform.
Rep. ROBINSON explained the amendment.
Rep. TOWNSEND moved to table the amendment, which was agreed to by a division vote of 48 to 33.
Reps. TOWNSEND, SHARPE, ALLISON, WRIGHT and WILKINS proposed the following Amendment No. 9 (Doc Name L:\council\legis\amend\GJK\21736SD.95).
Amend the bill, as and if amended, in Section 59-103-10 of the 1976 Code, as contained in SECTION 1, by striking the second sentence of the section and inserting:
/Two members must be appointed by the Governor from each congressional district, with one such member from each congressional district being appointed by the Governor in his sole discretion and with one such member from each congressional district being appointed by the Governor upon the recommendation of the majority of the legislative delegation members from the district./
Renumber sections to conform.
Amend totals and title to conform.
Rep. TOWNSEND explained the amendment.
Rep. McTEER moved to table the amendment, which was not agreed to by a division vote of 37 to 45.
Reps. McTEER, CANTY, SCOTT, NEAL, MOODY-LAWRENCE, ROGERS, ASKINS, KEYSERLING, LLOYD and CAVE objected to the Bill.
Rep. J. BROWN moved that the House do now adjourn, which was adopted.
At 12:55 P.M. the House in accordance with the motion of Rep. SCOTT adjourned in memory of Quincey Brooker of Columbia, to meet at 10:00 A.M. tomorrow.
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