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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 words attributed to King Solomon, relevant to every age, Proverbs 16:32. (NRSV)

"One who is slow to anger

is better than the mighty, and

One whose temper is controlled than

one who captures a city."

Beloved, let us have a period of silent prayer for all who are involved in the tragedy in Oklahoma City.
Let us pray.

Lord God, the Almighty, You rule the worlds and the cosmos from end to end, and from everlasting to everlasting... yet You hear the prayers of the lowliest of us all. Have mercy upon the people of Oklahoma City.

Speak, O Lord, to our hearts in the presence of every challenge that we confront.

Help us always to remain in control of our emotions, our minds, and our wills. We remember that "out of the heart are the issues of life."

Make us, by Your Grace, a part of the solution of the problems that bedevil us, lest we become a part of the problem itself; through Him who bore the cross, and then the Crown!

Amen.

Senator GIESE made the point that a quorum was not present. It was ascertained that a quorum was not present.

Senator GIESE moved that a call of the Senate be made. The following Senators answered the call:

Alexander         Bryan            Cork

Courson           Courtney         Drummond

Elliott           Ford             Giese

Glover            Gregory          Hayes



Printed Page 1881 . . . . . Thursday, April 20,
1995

Holland           Jackson        Lander

Leatherman        Leventis         Martin

Matthews          McConnell        McGill

Mescher           Moore            O'Dell

Passailaigue      Patterson        Peeler

Rankin            Reese            Richter

Rose              Ryberg           Setzler

Short             Smith, G.        Smith, J.V.

Stilwell          Thomas           Washington

Williams          Wilson

A quorum being present, the Senate resumed.

On motion of Senator COURTNEY, at 11:10 A.M., Senator WALDREP was granted a leave of absence for today.

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

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R. 54, H. 3659 by a vote of 3 to 0:
(R54) H. 3659 -- Rep. Cato: AN ACT TO AMEND ACT 199 OF 1971, AS AMENDED, RELATING TO THE NORTH GREENVILLE FIRE DISTRICT, SO AS TO PROVIDE THAT MEMBERS OF THE GOVERNING BODY MUST BE ELECTED ON THE FIRST TUESDAY AFTER THE FIRST MONDAY IN NOVEMBER OF ODD-NUMBERED YEARS AND PROVIDE THAT THE TERMS OF MEMBERS SERVING ON THE EFFECTIVE DATE OF THIS ACT ARE EXTENDED UNTIL THEIR SUCCESSORS ARE ELECTED AND QUALIFY.
Very respectfully,
Speaker of the House

Received as information.

(R54) H. 3659 -- Rep. Cato: AN ACT TO AMEND ACT 199 OF 1971, AS AMENDED, RELATING TO THE NORTH GREENVILLE FIRE DISTRICT, SO AS TO PROVIDE THAT MEMBERS OF THE GOVERNING BODY MUST BE ELECTED ON THE FIRST TUESDAY AFTER THE FIRST MONDAY IN NOVEMBER OF ODD-NUMBERED YEARS AND PROVIDE THAT THE TERMS OF MEMBERS SERVING ON THE EFFECTIVE DATE OF THIS ACT ARE EXTENDED UNTIL THEIR SUCCESSORS ARE ELECTED AND QUALIFY.

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

Senator J. VERNE SMITH moved that the veto of the Governor be overridden.

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

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

Alexander         Bryan            Cork

Courson           Courtney         Drummond

Elliott           Ford             Giese

Glover            Gregory          Hayes

Holland           Jackson          Lander

Leatherman        Leventis         Martin

Matthews          McConnell        McGill

Mescher           Moore            O'Dell

Passailaigue      Patterson        Peeler

Rankin            Reese            Richter

Rose              Ryberg           Setzler

Short             Smith, G.        Smith, J.V.

Stilwell          Thomas           Washington

Williams          Wilson

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R. 22, S. 294 by a vote of 2 to 0:
(R22) S. 294 -- Senator Land: AN ACT TO AMEND SECTION 48-11-210, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WATERSHED CONSERVATION DISTRICTS, SO AS TO DELETE THE PROVISION FOR BACK SWAMP WATERSHED CONSERVATION DISTRICT IN LEE COUNTY WHICH NEVER HAS IMPLEMENTED A PROJECT OR WORK OF IMPROVEMENT; TO DISSOLVE THE DISTRICT; AND TO REPEAL ACT 602 OF 1961 RELATING TO THE AUTHORIZATION TO CREATE THE DISTRICT.
Very respectfully,
Speaker of the House

Received as information.

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has appointed Reps. Fulmer, A. Young and Law of the Committee of Conference on the part of the House on:
S. 662 -- Senators Passailaigue, McConnell, Rose, Washington, Ford, Richter and Greg Smith: A BILL TO AMEND CHAPTER 12, TITLE 31, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REDEVELOPMENT AUTHORITIES, SO AS TO REVISE THE MEMBERSHIP OF A REDEVELOPMENT AUTHORITY BOARD AND ITS POWERS, DUTIES, AND RESPONSIBILITIES.
Very respectfully,
Speaker of the House

Received as information.

S. 662 -- Senators Passailaigue, McConnell, Rose, Washington, Ford, Richter and Greg Smith: A BILL TO AMEND CHAPTER 12, TITLE 31, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REDEVELOPMENT AUTHORITIES, SO AS TO REVISE THE MEMBERSHIP OF A REDEVELOPMENT AUTHORITY BOARD AND ITS POWERS, DUTIES, AND RESPONSIBILITIES.

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

Senator PASSAILAIGUE spoke on the report.

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

Whereupon, the PRESIDENT appointed Senators PASSAILAIGUE, McCONNELL 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 PASSAILAIGUE, the Report of the Committee of Free Conference to S. 662 was adopted as follows:

The COMMITTEE OF FREE CONFERENCE, to whom was referred:
S. 662 -- Senators Passailaigue, McConnell, Rose, Washington, Ford, Richter and Greg Smith: A BILL TO AMEND CHAPTER 12, TITLE 31, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REDEVELOPMENT AUTHORITIES, SO AS TO REVISE THE MEMBERSHIP OF A REDEVELOPMENT AUTHORITY BOARD AND ITS POWERS, DUTIES, AND RESPONSIBILITIES.
Beg leave to report that they have duly and carefully considered the same and recommend:

That the same do pass with the following amendments:

/SECTION 1. Section 31-12-40(D) of the 1976 Code is amended to read:

"(D) If the federal property subject to disposal is contained wholly or partially within a county, all or a portion of which lies in an MSA which extends over more than one South Carolina county, the authority must include:

(1) one representative who is a resident of each South Carolina county which contains all or a portion of the federal property subject to disposal, appointed by the respective county governing body Governor;

(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);

(7) notwithstanding any other provision of law, an individual appointed pursuant to subsections (D)(1) through (D)(5) may be removed as provided in Section 1-3- 240(B)."

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

(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.

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.

, and a message was sent to the House accordingly.

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has appointed Reps. Fulmer, A. Young and Law of the Committee of Free Conference on the part of the House on:
S. 662 -- Senators Passailaigue, McConnell, Rose, Washington, Ford, Richter and Greg Smith: A BILL TO AMEND CHAPTER 12, TITLE 31, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REDEVELOPMENT AUTHORITIES, SO AS TO REVISE THE MEMBERSHIP OF A REDEVELOPMENT AUTHORITY BOARD AND ITS POWERS, DUTIES, AND RESPONSIBILITIES.
Very respectfully,
Speaker of the House

Received as information.

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has adopted the report of the Committee of Free Conference on the following Bill and has ordered the Bill Enrolled for Ratification:
S. 662 -- Senators Passailaigue, McConnell, Rose, Washington, Ford, Richter and Greg Smith: A BILL TO AMEND CHAPTER 12, TITLE 31, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REDEVELOPMENT AUTHORITIES, SO AS TO REVISE THE MEMBERSHIP OF A REDEVELOPMENT AUTHORITY BOARD AND ITS POWERS, DUTIES, AND RESPONSIBILITIES.
Very respectfully,
Speaker of the House

Received as information.

Senator BRYAN introduced Dr. Robert Grulie of Clinton, S.C., Doctor of the Day.

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