Printed Page 2530, Apr. 20
| Printed Page 2550, Apr. 20
|
Printed Page 2530, Apr. 20
| Printed Page 2550, Apr. 20
| (2) one representative who is a resident of each South Carolina county in the MSA not entitled to a resident representative under subsection (D)(1), appointed by the respective county governing body Governor;
(3) one representative of each municipality located wholly or partly within the MSA with a population of at least 50,000 as determined by the latest official federal census, appointed by the respective municipal governing body;
(4) (3) such additional representatives who are residents of the respective municipalities as may be necessary to provide assure that any municipality within whose boundaries the major portion of properties scheduled for disposal lies shall have a total number of representatives being two with one less than the collective number of representatives from all other appointing bodies or officers provided for in subsections (D)(1), (D)(2), and (D)(5) through (D)(8), appointed by the Governor from a slate of candidates submitted by the municipal governing body;
(5) (4) if the major portion of properties scheduled for disposal lies within a single county but not within the boundaries of any single municipality, such additional representatives as may be necessary to provide assure that county with one two less than the collective number of representatives from all other appointing bodies or officers provided for in subsections (D)(1), (D)(2), and (D)(5), through (D)(8), appointed by the county governing body;
(6) one member elected by a majority of the Senate;
(7) one member elected by a majority of the House of Representatives; and
(8) (5) one at-large appointment by the Governor, who shall be a resident of one of the counties which lie, wholly or partially, in the MSA which is entitled to an appointment representation under subsections (D)(1), or (D)(2), or (D)(4);
(6) the Governor, in his discretion, may accept or reject the name of
any individual submitted for his consideration pursuant to subsection (D)(3).
If the name of an individual is rejected or is not submitted to the Senate as
provided in subsection (H), the municipality may submit the name of another
individual for the Governor's consideration as provided in subsection (D)(3);
and
SECTION 2. Section 31-12-40(E) of the 1976 Code is amended to read:
"(E) No member of an authority may be an elected official or have held an elected office within one year of the date on which the member begins service on an authority. Nor may any member hold another office of honor or profit of this State or any of its political subdivisions while serving on the authority as prohibited by the South Carolina Constitution. Nor may any member of an authority established pursuant to subsection (D) serve or have served as an officer of, or as a member of the executive committee of, any authority, commission, committee, or other entity relating to or concerned with the effects of the closure of a federal military installation which has been established by an executive order of the Governor prior to the effective date of this act, within one year prior to the date on which the member begins service on an authority. Each member of an authority must comply with the provisions of Chapter 13 of Title 8 of the 1976 Code of Laws including the requirement to file a statement of economic interests."
SECTION 3. Section 31-12-40(H) of the 1976 Code is amended to read:
"(H) The appointments made pursuant to subsections (B)(2), (B)(3), and (B)(4), subsections (C)(2), (C)(3), and (C)(4), and subsections (D)(1), (D)(2), (D)(3), (D)(4), and (D)(5), and (D)(8) shall be subject to the advice and consent of the Senate."
SECTION 4. SECTION 31-12-40(I) of the 1976 Code is amended to read:
"(I) An authority also may be created by resolutions of municipalities and of counties eligible to make the majority of the appointments to an authority pursuant to subsections (B), or (C), or (D), respectively."
SECTION 5. Subsections (K) and (L) of Section 31-12-40 of the 1976 Code are amended to read:
"(K) A vacancy occurring while the Senate is in session, including a vacancy occurring due to the failure of the Senate to give advice and consent to any appointment may be filled while the Senate is in session by an interim appointment of a different person by the appointing body or officer until Sine Die adjournment of that session an individual other than the one that failed to receive advice and consent. The appointment must be transmitted to the Senate for its consideration within one week after the appointment is made. If the vacancy occurs prior to May first and the
(L) A vacancy due to the failure of the Senate to give advice and consent to any appointment may be filled during the recess of the Senate by an interim appointment by the appointing body or officer in the same manner as in subsection (I)."
SECTION 6. Section 31-12-50(A) of the 1976 Code is amended to read:
"(A) The term of office for members appointed pursuant to Sections 31- 12-40(B) and 31-12-40(C) is as follows: one of the state representatives, one of the county representatives, and one of the municipality representatives shall serve a four-year term as designated by the respective delegation or governing body. The other members shall serve an initial two-year term, including the at- large appointment by the Governor. The term of office for members appointed pursuant to Section 31-12-40(D) shall be split as equally as possible as between two or four years, as determined by lot at their first organizational meeting, other than the appointment by the Governor pursuant to Section 31-12-40(D)(5), who shall serve an initial two-year term. After the initial terms, all members shall serve four-year terms. Each member shall hold office until his successor is appointed and qualified."
SECTION 7. Section 31-12-60 of the 1976 Code is amended to read:
"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 initial two-year period during which the Governor's at-large appointee serves as chairman.
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
SECTION 8. 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 9. This act takes effect upon approval by the Governor subject to the provisions of this section. Upon the appointment of a chairman pursuant to Section 31-12-40(D)(5), as amended by this act, the term of each member appointed to an authority pursuant to Section 31-12-40(D), adopted as a part of Act 462 of 1994, is terminated. Until three other individuals are appointed pursuant to Section 31-12-40(D)(1)-(5), the chairman is empowered to exercise any and all authority granted to an authority board as specified in Act 462 of 1994. Individuals appointed pursuant to Section 12-31-40(D)(1), (2), and (5) may begin serving as members of an authority board effective upon the date of the appointment letter of the Governor. The right of these individuals to continue service beyond the date of Sine Die adjournment of the General Assembly in 1995 will be determined as specified in Section 31-12-40, as amended./
Amend title to conform.
/s/Glenn F. McConnell /s/James N. Law
/s/McKinley Washington /s/Ronald C. Fulmer
/s/Ernest L. Passailaigue /s/Annette D. Young
On part of the Senate. On part of the House.
The Free Conference Report was adopted and a message was ordered sent to the Senate accordingly.
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.
The following Bill was taken up.
H. 3731 -- Reps. Cooper, Kinon, Askins, Quinn, Herdklotz, Neilson, Scott, Cobb-Hunter, Hines, Keyserling, Inabinett, Bailey, Mason, Easterday, Rogers, Wilder, Moody-Lawrence, White, Cato, Shissias, J. Harris, Stuart, Hutson, Wright, Koon, Allison, Trotter, Gamble, McCraw, Lloyd, Byrd, Littlejohn, Wells, Howard, J. Brown, Haskins, Limehouse, Phillips, Elliott, Seithel, Whatley and S. Whipper: A BILL TO AMEND SECTION 8-11-83, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PAYROLL DEDUCTION FOR DUES OF THE STATE EMPLOYEES' ASSOCIATION, SO AS TO ALSO AUTHORIZE A PAYROLL DEDUCTION FOR THE DUES OF THE SOUTH CAROLINA TROOPERS' ASSOCIATION.
The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\GJK\21705SD.95), which was adopted.
Amend the bill, as and if amended, in Section 8-11-83 of the 1976 Code, as contained in SECTION 1, by adding a new paragraph at the end to read:
/No membership dues or any portion thereof deducted pursuant to this section may be paid to any national or multi-state association or group./
When amended Section 8-11-83 of the 1976 Code shall read:
"Section 8-11-83. The Comptroller General and all other state agencies, upon request of employees of the State, shall make deductions from the compensation of the employees for the payment of membership dues for the South Carolina State Employees' Association and for the South Carolina Troopers' Association. The Comptroller General and state agencies shall pay over to the association the respective associations all amounts so collected or withheld. Retirees from a state agency also may have withheld from their state retirement benefits their membership dues for the South Carolina State Employees' Association and for the South Carolina Troopers' Association. No deduction is permitted if the association associations at any time engages engage in collective bargaining or encourages its encourage their members to strike.
No membership dues or any portion thereof deducted pursuant to this section may be paid to any national or multi-state association or group."
Renumber sections to conform.
Amend totals and title to conform.
The amendment was then adopted.
Rep. LANFORD proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\GJK\21692SD.95), which was adopted.
Amend the bill, as and if amended, in Section 8-11-83 of the 1976 Code, as contained in SECTION 1, by adding a new paragraph at the end to read:
/Dues for the South Carolina Law Enforcement Officers' Association may also be deducted from the compensation of state employees and retirees and paid over to this association in the same manner other dues under this section are deducted and paid over. The same restrictions and conditions as apply to the other deductions under this section also apply to the deductions of dues for the South Carolina Law Enforcement Officers' Association./
Renumber sections to conform.
Amend totals and title to conform.
Rep. LANFORD explained the amendment.
Rep. COOPER moved to table the amendment.
Rep. LANFORD demanded the yeas and nays, which were taken resulting as
follows:
Those who voted in the affirmative are:
Cooper
Those who voted in the negative are:
Anderson Askins Bailey Baxley Breeland Byrd Cain Cato Chamblee Clyburn Cotty Cromer Dantzler Davenport Delleney Easterday Elliott Fair Fleming Gamble Govan Harrell Harris, J. Harrison Harvin Haskins Herdklotz Hutson Inabinett Jaskwhich
Jennings Keegan Kelley Keyserling Kinon Kirsh Knotts Koon Lanford Law Limehouse Littlejohn Lloyd Marchbanks McCraw McKay McMahand McTeer Meacham Moody-Lawrence Neal Neilson Phillips Quinn Rhoad Rice Richardson Riser Rogers Sandifer Scott Seithel Sheheen Shissias Simrill Smith, R. Stuart Townsend Tucker Waldrop Walker Whatley Whipper, L. White Wilkes Wofford Worley Wright Young, A.
So, the House refused to table the amendment.
The question then recurred to the adoption of the amendment, which was agreed to.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. LANFORD, with unanimous consent, it was ordered that H. 3731 be read the third time tomorrow.
The following Bill was taken up.
H. 3774 -- Rep. Rogers: A BILL TO AMEND SECTION 8-11-620, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ANNUAL LEAVE AND A LUMP-SUM PAYMENT ALLOWED TO A STATE EMPLOYEE UPON TERMINATION OF EMPLOYMENT, DEATH, OR RETIREMENT, SO AS TO AUTHORIZE AN EMPLOYEE, UPON TERMINATION TO RECEIVE A LUMP-SUM
The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\JIC\5737HTC.95), which was adopted.
Amend the bill, as and if amended, by striking Section 8-11-620, as contained in SECTION 1, page 1, and inserting:
/Section 8-11-620. Upon termination from state employment, an employee may take both annual leave and a lump-sum payment for unused leave, but in no event shall such combination exceed forty-five days in a calendar year except as provided for in Section 8-11-610 is entitled to a lump-sum payment for the employee's terminal leave. For purposes of this section, terminal leave is accrued annual leave less annual leave taken in the year of termination, but in no case more than forty-five days except as provided in Section 8-11-610. No terminal leave payment is due an employee terminated for conviction of a felony arising out of the performance of official duties. If an employee dies, his legal representative shall be is entitled to a lump-sum payment for his unused leave, not to exceed forty-five working days, except as provided for in Section 8-11-610. Upon retirement from state employment or upon the death of an employee, a lump-sum payment will be made for unused leave, not to exceed forty-five days, unless a higher maximum is approved under the provisions of Section 8-11-610, and without regard to the earned leave taken during the calendar year in which the employee retires./
Amend further, by striking SECTION 2 and inserting:
/SECTION 2. The provisions of Section 8-11-620 of the 1976 Code relating to the denial of payment for terminal leave for a state employee terminated for conviction of a felony arising out of the performance of official duties applies to employees first hired on and after the effective date of this act.
SECTION 3. This act takes effect upon approval by the Governor./
Amend title to conform.
Rep. LANFORD explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. LANFORD, with unanimous consent, it was ordered that H. 3774 be read the third time tomorrow.
Rep. LANFORD moved to adjourn debate upon the following Bill until Tuesday, April 25, which was adopted.
H. 3881 -- Reps. H. Brown, Boan and McAbee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 9-1-1970, 9-8-240, 9-9-240, AND 9-11-350 SO AS TO CONFORM THE COMPENSATION OF MEMBERS OF THE SOUTH CAROLINA RETIREMENT SYSTEM, RETIREMENT SYSTEM FOR JUDGES AND SOLICITORS, GENERAL ASSEMBLY RETIREMENT SYSTEM, AND THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM TAKEN INTO ACCOUNT FOR PURPOSES OF CALCULATING BENEFITS TO THE PROVISIONS OF THE INTERNAL REVENUE CODE OF 1986 AND TO PROVIDE EXCEPTIONS.
The following Bill was taken up, read the second time, and ordered to a third reading:
H. 3901 -- Reps. Harrell, Fleming, Cobb-Hunter, Seithel, A. Young, Limbaugh, Wilkins, Wofford, Hallman, H. Brown, Cain, Cotty, Martin, D. Smith, Fulmer, L. Whipper, Shissias, Quinn, McCraw, Knotts, Stuart, Harrison, Sheheen, Huff, Klauber, Beatty, Limehouse, Whatley, Harwell, Hodges, J. Young, Govan, Herdklotz, Jennings, Richardson, Hutson, Delleney and McElveen: A BILL TO AMEND SECTION 12-51-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REDEMPTION OF REAL PROPERTY SOLD FOR DELINQUENT TAXES, SO AS TO INCREASE THE INTEREST RATE FROM EIGHT TO TWELVE PERCENT IN THE LAST SIX MONTHS OF THE REDEMPTION PERIOD FOR ALL REAL PROPERTY NOT ASSESSED AS OWNER-OCCUPIED RESIDENTIAL PROPERTY.
Rep. HARRELL explained the Bill.
On motion of Rep. HARRELL, with unanimous consent, it was ordered that H. 3901 be read the third time tomorrow.
The following Bill was taken up.
S. 48 -- Senators Leatherman, Wilson, Leventis, Rankin, Elliott, Rose and Giese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-27-110 SO AS TO PROVIDE THAT THE PRINCIPAL AMOUNT OF A LEASE PURCHASE OR FINANCING AGREEMENT IS SUBJECT TO THE CONSTITUTIONAL DEBT LIMIT FOR POLITICAL SUBDIVISIONS AND THAT PAYMENTS MADE BY THE STATE UNDER SUCH AN AGREEMENT ARE DEEMED GENERAL OBLIGATION DEBT SERVICE FOR PURPOSES OF THE CONSTITUTIONAL DEBT SERVICE LIMIT ON THE STATE, TO PROVIDE THAT THE CALCULATION OF THE LIMITATION ON GENERAL OBLIGATION BONDED INDEBTEDNESS FOR FUTURE GENERAL OBLIGATION BOND ISSUES MUST INCLUDE THE PRINCIPAL BALANCE OF ANY OUTSTANDING FINANCING AGREEMENT; AND TO AMEND THE 1976 CODE BY ADDING SECTION 59-17-120 SO AS TO PROVIDE THAT SCHOOL BONDS CALLED BEFORE MATURITY MAY BE REISSUED ONLY IF THE PAYOFF AMOUNT AND THE AMOUNT NECESSARY TO SERVICE THE REISSUED BONDS DOES NOT INCREASE BY MORE THAN EIGHT PERCENT IN A YEAR THE DEBT SERVICE ON THE ORIGINAL BONDED INDEBTEDNESS AND DOES NOT EXCEED THE DISTRICT'S DEBT LIMIT.
Rep. HERDKLOTZ proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\JIC\5822HTC.95).
Amend the bill, as and if amended, Section 11-27-110(A)(5), as contained in SECTION 1, page 2, line 25, by striking /December 31, 1995/ and inserting /the ratification of constitutional amendments raising the constitutional debt limit for political subdivisions and school districts from eight to twelve percent/
Amend title to conform.
Rep. HERDKLOTZ explained the amendment.
Rep. WALKER moved to adjourn debate upon the Bill until Thursday, April 27.
Rep. WRIGHT moved to table the motion, which was agreed to.
Rep. WALKER objected to the Bill.
Printed Page 2530, Apr. 20
| Printed Page 2550, Apr. 20
|