Indicates Matter Stricken
Indicates New Matter
The House assembled at 10:00 a.m.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark, as follows:
Our Father Who is in Heaven, yet nearer than the feet and hands that serve us and closer than the works that challenge us, we confess that our judgments are unequal to the tasks of our times. So, cause us to draw near to You, to draw guidance from the deep well of Your wisdom. We pray for eyes to see and minds to understand Your way. Forbid that any of us should stain the brightness of this day or dim its possibilities by any deed or decision unworthy of the best. May Your divine benediction be and abide with us both now and always. 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 yesterday, the SPEAKER ordered it confirmed.
Rep. LIMEHOUSE moved that when the House adjourns, it adjourn in memory of Vincent Al McPherson of Charleston, which was agreed to.
On motion of Rep. FLEMING, with unanimous consent, the following was taken up for immediate consideration and accepted:
April 11, 2000
The Honorable Ron Fleming
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
On behalf of the South Carolina Beer Association the Members of the House of Representatives, their spouses and staff are invited to a reception. This event will be held at the Botanical Gardens of Riverbanks Zoo and Gardens on Wednesday, May 10, 2000, from 6:00 p.m. to 8:00 p.m.
Sincerely,
Kay Fortune
Executive Director
Document No. 2481
Agency: Department of Education
Statutory Authority: 1976 Code Sections 59-5-60, 59-67-20, 59-67-410, 59-67-570
Operation of Public Pupil Transportation Services
Received by Speaker of the House of Representatives
January 31, 2000
Referred to Education and Public Works Committee
Legislative Review Expiration May 30, 2000
Revised June 2, 2000
20000410 Committee Request Withdrawal
120 Day Period Tolled
20000413 Withdrawn and Resubmitted
Rep. LIMEHOUSE, from the Charleston Delegation, submitted a favorable report on:
H. 4899 (Word version) -- Reps. Campsen, Harrell, Limehouse and Whatley: A BILL TO AMEND ACT 340 OF 1967, AS AMENDED, RELATING TO THE CHARLESTON COUNTY SCHOOL DISTRICT, SO AS TO REQUIRE THE BOARD OF TRUSTEES OF THE CHARLESTON SCHOOL DISTRICT TO SUBMIT ITS PROPOSED BUDGETS TO THE COUNTY COUNCIL FOR REVIEW ON OR BEFORE JUNE THIRTIETH OF EACH YEAR, TO AUTHORIZE THE COUNTY COUNCIL TO COMMENT AND MAKE RECOMMENDATIONS ON THE PROPOSED BUDGET TO WHICH THE BOARD MUST RESPOND IN WRITING WHILE LEAVING AUTHORITY TO ACCEPT OR REJECT THESE COMMENTS OR RECOMMENDATIONS WITHIN THE BOARD'S DISCRETION,
The following was introduced:
H. 4918 (Word version) -- Rep. Allen: A HOUSE RESOLUTION CONGRATULATING THE SPEECH AND DEBATE TEAM OF T. L. HANNA HIGH SCHOOL OF ANDERSON ON WINNING THE ANNUAL SOUTH CAROLINA SPEECH AND DEBATE TOURNAMENT STATE CHAMPIONSHIP.
The Resolution was adopted.
The following was introduced:
H. 4919 (Word version) -- Reps. Walker and Whipper: A CONCURRENT RESOLUTION TO CONGRATULATE MR. JAY PATEL OF NORTH CHARLESTON FOR HIS DISTINGUISHED SERVICE FOR A TERM OF TWO YEARS AS ONE OF THIRTY-THREE DIRECTORS OF LIONS CLUBS INTERNATIONAL.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4920 (Word version) -- Rep. Battle: A CONCURRENT RESOLUTION CONGRATULATING THE HONORABLE D. LESLIE TINDAL, COMMISSIONER FOR THE SOUTH CAROLINA DEPARTMENT OF AGRICULTURE, ON BEING CHOSEN TO RECEIVE THE 2000 FOOD INDUSTRY ASSOCIATION OF SOUTH CAROLINA (FIA OF SC) LIFETIME ACHIEVEMENT AWARD.
Whereas, FIA of SC members are food processors, suppliers, regulatory agencies, and academic departments throughout South Carolina whose purpose is to promote, develop, and assist the food industry in South Carolina as an association; and
Whereas, Comissioner Tindal's selection to receive the FIA of SC Lifetime Achievement Award is a distinct honor for not only him, but for all the people of South Carolina who are benefiting from his devotion and dedication to the food industry in our State; and
Whereas, it is appropriate for the members of the General Assembly to pause in their deliberations, so that they might recognize this special honor that has been bestowed upon Commissioner Tindal. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly of the State of South Carolina, by this resolution, offer their congratulations to the Honorable D. Leslie Tindal, Commissioner for the South Carolina Department of Agriculture, on being chosen to receive the 2000 Food Industry Association of South Carolina (FIA of SC) Lifetime Achievement Award.
Be it further resolved that a copy of this resolution be presented to Commissioner Tindal.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4921 (Word version) -- Reps. Inabinett, Allen, Allison, Bailey, Barrett, Bowers, G. Brown, H. Brown, J. Brown, T. Brown, Campsen, Carnell, Clyburn,
The following Bills and Joint Resolutions were introduced, read the first time, and referred to appropriate committees:
H. 4922 (Word version) -- Reps. Allison, Davenport and Hawkins: A BILL TO PROVIDE THAT STUDENTS WHO RESIDE IN AND ATTEND A PUBLIC SCHOOL IN SPARTANBURG COUNTY WHO PARTICIPATE IN INTERSCHOLASTIC SOCCER OR AS A MEMBER OF A SCHOOL SOCCER SQUAD MAY PARTICIPATE IN ORGANIZED SOCCER WHICH IS INDEPENDENT OF THE CONTROL OF THE SCHOOL UNDER CERTAIN CONDITIONS, AND TO PROVIDE THAT A SCHOOL OR STUDENT IN THOSE SCHOOLS IS NOT INELIGIBLE FOR PARTICIPATION IN INTERSCHOLASTIC SOCCER BECAUSE OF THE PARTICIPATION OF THE STUDENT OF THE SCHOOL AS A MEMBER OF AN ORGANIZED SOCCER TEAM INDEPENDENT OF THE SCHOOL'S CONTROL.
On motion of Rep. ALLISON, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 4923 (Word version) -- Reps. Wilkes, Bowers, Harvin, Hayes, M. McLeod, Rhoad and Woodrum: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-21-1300,
H. 4924 (Word version) -- Rep. Davenport: A BILL TO AMEND TITLE 59, CHAPTER 25, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION AND SCHOOL TEACHERS, BY ADDING ARTICLE 9 SO AS TO PROVIDE A SYSTEM FOR THE REMEDIATION OF TEACHERS' BASIC SKILLS WHICH ARE DETERMINED TO BE SUBSTANDARD.
Referred to Committee on Education and Public Works
H. 4926 (Word version) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO RETAIL FOOD ESTABLISHMENT INSPECTION FEES, DESIGNATED AS REGULATION DOCUMENT NUMBER 2458, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without Reference
H. 4928 (Word version) -- Reps. McKay, McGee, H. Brown, G. Brown, Askins, Canty, Hamilton, M. Hines, Leach, Law and Loftis: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-1-335 SO AS TO AUTHORIZE AN OBJECT CONTAINING THE WORDS OF THE TEN COMMANDMENTS TO THE DISPLAYED ON REAL PROPERTY OWNED BY A PUBLIC SCHOOL DISTRICT ALONG WITH OTHER DOCUMENTS OF HISTORICAL SIGNIFICANCE THAT HAVE FORMED AND INFLUENCED THE UNITED STATES LEGAL OR GOVERNMENTAL SYSTEM.
Referred to Committee on Education and Public Works
H. 4929 (Word version) -- Rep. Campsen: A BILL TO AMEND SECTION 12-6-4960, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FORM OF THE STATE INCOME TAX RETURN SO AS TO PROVIDE FOR A SCHEDULE FOR FILING UNEMPLOYMENT TAXES WITH THE STATE EMPLOYMENT SECURITY COMMISSION ON AN ANNUAL BASIS WITH A TAXPAYER'S STATE INCOME TAX RETURN USING THE SCHEDULE AS DEVELOPED BY THE DEPARTMENT OF REVENUE AND THE COMMISSION, AND TO REQUIRE THE DEPARTMENT TO FORWARD THE APPROPRIATE RETURN AMOUNT TO THE COMMISSION.
Referred to Committee on Ways and Means
H. 4930 (Word version) -- Rep. Witherspoon: A BILL TO AMEND ARTICLE 11, CHAPTER 5, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SHRIMP, BY ADDING SECTION 50-5-1102, SO AS TO PROVIDE THAT, EFFECTIVE JULY 1, 2000, NO PERSON LICENSED AS A COMMERCIAL SALTWATER
H. 4931 (Word version) -- Rep. Robinson: A BILL TO AMEND CHAPTER 45, TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COUNTY TREASURERS, BY ADDING SECTION 12-45-420, SO AS TO PROVIDE FOR A COMMITTEE COMPOSED OF THE COUNTY TREASURER, COUNTY AUDITOR, AND COUNTY ASSESSOR TO ADDRESS AN ERRONEOUS PENALTY LEVIED AGAINST PROPERTY; TO AMEND SECTION 12-43-217, AS AMENDED, RELATING TO PROPERTY REASSESSMENT, SO AS TO PROVIDE FOR POSTPONEMENT OF APPROVAL OF THE REASSESSMENT PROGRAM IF IMPLEMENTATION OF THE REVISED PROPERTY VALUATIONS IS POSTPONED; TO AMEND THE 1976 CODE SO AS TO ENACT THE REAL PROPERTY TAX LIABILITY ACT; TO AMEND CHAPTER 45, TITLE 12, RELATING TO COUNTY TREASURERS, BY ADDING SECTION 12-45-78 SO AS TO PROVIDE THAT A REFUND OF OVERPAYMENT OF REAL PROPERTY TAX RESULTING FROM THE GRANTING OF THE HOMESTEAD EXEMPTION OR RESIDENTIAL CLASSIFICATION MUST BE PAID TO THE OWNER OF RECORD AT THE TIME OF THE EXEMPTION OR CLASSIFICATION; TO AMEND SECTION 12-37-610, AS AMENDED, RELATING TO LIABILITY FOR TAXES ON REAL ESTATE, SO AS TO PROVIDE FOR LIABILITY OF THE OWNER OR CARETAKER OF RECORD AS OF DECEMBER THIRTY-FIRST PRECEDING THE TAX YEAR; TO AMEND SECTION 12-51-40, AS AMENDED, RELATING TO LEVY OF EXECUTION AND SALE OF PROPERTY FOR DELINQUENT TAXES, SO AS TO PROVIDE FOR EXECUTION AGAINST PROPERTY TRANSFERRED BY THE DEFAULTING TAXPAYER AND NOTICE TO THE GRANTEE OF RECORD, AND TO PROVIDE THAT THE PROPERTY MAY BE PARTITIONED BEFORE THE SALE BUT TO ELIMINATE THE REQUIREMENT OF PARTITION OF DIVISIBLE PROPERTY; TO AMEND SECTION 12-51-50, AS AMENDED, RELATING TO PROCEDURES FOR THE SALE OF PROPERTY OF A DEFAULTING TAXPAYER, SO AS TO PROVIDE FOR SALE OF PROPERTY OF THE DEFAULTING TAXPAYER AND OF A GRANTEE OF THE DEFAULTING
H. 4932 (Word version) -- Rep. Robinson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ENACT THE REAL PROPERTY TAX LIABILITY ACT; TO AMEND CHAPTER 45, TITLE 12, RELATING TO COUNTY TREASURERS, BY ADDING SECTION 12-45-78 SO AS TO PROVIDE THAT A REFUND OF OVERPAYMENT OF REAL PROPERTY TAX RESULTING FROM THE GRANTING OF THE HOMESTEAD EXEMPTION OR RESIDENTIAL CLASSIFICATION MUST BE PAID TO THE OWNER OF RECORD AT THE TIME OF THE EXEMPTION OR CLASSIFICATION; TO AMEND SECTION 12-37-610, AS AMENDED, RELATING TO LIABILITY FOR TAXES ON REAL ESTATE, SO AS TO PROVIDE FOR LIABILITY OF THE OWNER OR CARETAKER OF RECORD AS OF DECEMBER THIRTY-FIRST PRECEDING THE TAX YEAR; TO AMEND SECTION 12-51-40, AS AMENDED, RELATING TO LEVY OF EXECUTION AND SALE OF PROPERTY FOR DELINQUENT TAXES, SO AS TO PROVIDE FOR EXECUTION AGAINST PROPERTY TRANSFERRED BY THE DEFAULTING TAXPAYER AND NOTICE TO THE GRANTEE OF RECORD; TO AMEND
H. 4933 (Word version) -- Reps. Huggins and Robinson: A BILL TO AMEND TITLE 17, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRIMINAL PROCEDURE, BY ADDING CHAPTER 28, RELATING TO SEALING OF RECORDS OF CONVICTIONS, SO AS TO PROVIDE THAT A PERSON CONVICTED OF A FELONY OR MISDEMEANOR MAY APPLY TO THE CIRCUIT COURT FOR AN ORDER SEALING THE RECORD OF CONVICTION, TO PROVIDE ELIGIBILITY
H. 4934 (Word version) -- Rep. Kelley: A BILL TO AMEND SECTION 37-11-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITION OF TERMS USED IN THE "STATE CONTINUING CARE RETIREMENT COMMUNITY ACT", SO AS TO REVISE THE DEFINITION OF "CONTINUING CARE CONTRACT" SUCH THAT ONLY THOSE COMMUNITIES THAT REQUIRE THE PAYMENT OF AN ENTRANCE FEE OR OTHER FEE IN RETURN
H. 4935 (Word version) -- Rep. Witherspoon: A BILL TO AMEND ARTICLE 11, CHAPTER 5, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SHRIMP, BY ADDING SECTION 50-5-1110, SO AS TO PROVIDE THAT, EFFECTIVE JULY 1, 2002, WHEN TAKING SHRIMP OVER BAIT NO CAST NET MAY BE USED HAVING A MESH SIZE SMALLER THAN ONE-HALF INCH SQUARE MEASURE OR ONE INCH STRETCH MEASURE.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs
H. 4936 (Word version) -- Rep. F. Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-5-390 SO AS TO PROVIDE THAT AN ATTORNEY IS NOT RESPONSIBLE TO PAY THE DEBTS OF A CLIENT UNLESS THE ATTORNEY AND CLIENT HAVE EXECUTED A WRITTEN AGREEMENT THAT THE ATTORNEY IS RESPONSIBLE FOR PAYING CERTAIN EXPENSES OR DEBTS, OR BOTH, OF THE CLIENT.
Referred to Committee on Judiciary
H. 4937 (Word version) -- Reps. Cato, Tripp, Easterday, Hamilton, Leach, Loftis, McMahand, F. Smith and Wilkins: A BILL TO PROVIDE THAT THE NAME OF THE GREENVILLE MEMORIAL AUDITORIUM DISTRICT IS CHANGED TO THE GREENVILLE ARENA DISTRICT AND SHALL BE COMPOSED OF THE AREA DEFINED FOR THE GREENVILLE MEMORIAL AUDITORIUM DISTRICT AND IS VESTED WITH ALL THE POWERS, DUTIES, AND AUTHORITY VESTED IN THAT DISTRICT.
On motion of Rep. CATO, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 4940 (Word version) -- Rep. Clyburn: A BILL TO AMEND SECTION 37-6-506, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS AND DUTIES OF THE COMMISSION ON CONSUMER AFFAIRS, SO AS TO PROVIDE THAT THE COMMISSION SPECIFICALLY DEVELOP A POLICY, AND ESTABLISH RULES AND REGULATIONS FOR ENFORCEMENT OF THAT POLICY, DESIGNED TO PROTECT CONSUMERS IN THIS STATE FROM PREDATORY LENDING PRACTICES OF ANY KIND, INCLUDING CHECK CASHING AND DEFERRED PRESENTMENT PRACTICES.
Referred to Committee on Labor, Commerce and Industry
S. 916 (Word version) -- Senators Courson, Setzler, Giese, Hayes, J. V. Smith, Wilson, Branton and Reese: A BILL TO AMEND SECTION 44-53-190 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONTROLLED SUBSTANCES, SO AS TO INCLUDE GAMMA HYDROXY BUTYRATE IN SCHEDULE I CONTROLLED SUBSTANCES.
Referred to Committee on Medical, Military, Public and Municipal Affairs
S. 1297 (Word version) -- Senators Short, Peeler, J. V. Smith, Leventis, Drummond, Anderson, Moore, Rankin, Giese, Waldrep and Saleeby: A BILL TO AMEND SECTIONS 40-15-80 AND 40-15-85, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DENTISTS, DENTAL HYGIENISTS AND DENTAL TECHNICIANS, SO AS TO
The following was introduced:
H. 4938 (Word version) -- Rep. Bailey: A CONCURRENT RESOLUTION CONGRATULATING DORCHESTER ACADEMY OF ST. GEORGE ON WINNING THE 1999 SCISAA CLASS AAA STATE FOOTBALL CHAMPIONSHIP.
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:
Allen Allison Altman Bailey Bales Barfield Barrett Battle Bowers Breeland Brown, G. Brown, J. Campsen Carnell Cato Chellis Clyburn Cobb-Hunter Cooper Cotty Dantzler Davenport Delleney Easterday Edge Emory Fleming Frye Gamble Gilham Gourdine Govan Harrell Harrison Harvin Hawkins Hayes Hines, J. Hines, M. Hinson Hosey Howard Huggins Inabinett Keegan Kelley Kennedy Kirsh Knotts Koon Lanford Law Leach Lee Limehouse Littlejohn Lloyd Loftis Lourie Lucas Maddox Martin McCraw McGee McKay McLeod, M.
McLeod, W. McMahand Miller Neal, J.H. Neal, J.M. Neilson Ott Parks Perry Phillips Quinn Rhoad Riser Robinson Rodgers Rutherford Sandifer Scott Seithel Sharpe Sheheen Simrill Smith, D. Smith, F. Smith, J. Smith, R. Stille Stuart Taylor Townsend Tripp Trotter Walker Webb Whatley Wilder Wilkins Witherspoon Woodrum Young-Brickell
I came in after the roll call and was present for the Session on Thursday, April 13.
Jackson Whipper David Mack Bessie Moody-Lawrence Douglas Jennings Glenn Hamilton Clementa Pinckney Harry Askins Theodore Brown Timothy Wilkes Ralph Canty James Klauber
The SPEAKER granted Rep. H. BROWN a leave of absence to attend a funeral.
The SPEAKER granted Rep. RICE a leave of absence for the day.
The SPEAKER granted Rep. VAUGHN a leave of absence for the day due to illness.
The SPEAKER granted Rep. MEACHAM-RICHARDSON a leave of absence for the day due to illness.
Rep. T. BROWN signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Thursday, March 30.
Announcement was made that Dr. David J. Gatti of Columbia is the Doctor of the Day for the General Assembly.
Reps. RHOAD and HUGGINS presented to the House Coach Dick Weldon for his dedication and many accomplishments in coaching basketball, football and baseball.
S. 226--Conference Report
The General Assembly, Columbia, S.C., April 4, 2000
S. 226 (Word version) -- Senator McConnell: A BILL TO AMEND SECTION 5-1-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PREREQUISITES TO ISSUANCE OF A CORPORATE CERTIFICATE TO A PROPOSED THE FOLLOWING AMENDMENT PROPOSED MUNICIPALITY, SO AS TO REQUIRE THE AREA SEEKING TO BE INCORPORATED TO BE CONTIGUOUS, AND PROVIDE THAT CONTIGUITY IS NOT DESTROYED BY AN INTERVENING NAVIGABLE WATERWAY, MARSHLAND, OR LOWLAND WHETHER OR NOT IT HAS BEEN PREVIOUSLY INCORPORATED OR ANNEXED, AND PROVIDE THAT THE NAVIGABLE WATERWAY, MARSHLAND, OR LOWLAND DOES NOT PRECLUDE IT FROM BEING USED BY ANOTHER MUNICIPALITY TO ESTABLISH CONTIGUITY FOR PURPOSES OF AN INCORPORATION OR ANNEXATION PROVIDED THE DISTANCE FROM HIGHLAND TO HIGHLAND OF THE AREA BEING INCORPORATED OR ANNEXED IS NOT GREATER THAN ONE MILE.
Beg leave to report that they have duly and carefully considered the same and recommend:
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
(1) that the area seeking to be incorporated has a population density of at least three hundred persons a square mile according to the latest official United States Census;
(2) that no part of the area is within five miles of the boundary of an active incorporated municipality; and
(3) that an approved service feasibility study for the proposed municipality has been filed with and approved by the Secretary of State; and
(4) that the area proposed to be incorporated is contiguous. Contiguity is not destroyed by an intervening marshland located in the tidal flow or an intervening publicly-owned waterway, whether or not the marshland located in the tidal flow or the publicly-owned waterway has been previously incorporated or annexed by another municipality. The incorporation of a marshland located in the tidal flow or a publicly-owned waterway does not preclude the marshland located in the tidal flow or the publicly-owned waterway from subsequently being used by any other municipality to establish contiguity for purposes of an incorporation if the distance from highland to highland of the area being incorporated is not greater than three-fourths of a mile.
(B) When an area seeking incorporation has petitioned pursuant to Chapter 17 the nearest incorporated municipality to be annexed to the municipality, and has been refused annexation by the municipality for six months, or when the population of the area seeking incorporation exceeds fifteen thousand persons, then the provision of the five-mile limitation of this section does not apply to the area.
(C) The five-mile limit does not apply when the boundaries of the area seeking incorporation are within five miles of the boundaries of two different incorporated municipalities in two separate counties other than the county within which the area seeking incorporation lies, and when the boundaries of the proposed municipality are more than five miles from the boundaries of the nearest incorporated municipality that lies within the same county within which the proposed municipality lies, and when the land area of the territory seeking incorporation exceeds one-fourth of the land area of the nearest incorporated municipality.
(D) The population requirements do not apply to areas bordering on and being within two miles of the Atlantic Ocean and to all sea islands bounded on at least one side by the Atlantic Ocean, both of which have
(E) This section does not apply to those areas which have petitioned to the Secretary of State before June 25, 1975, or which may be under adjudication in the courts of this State. The five-mile limit does not apply to counties with a population according to the latest official United States Census of less than fifty-one thousand."
SECTION 2. Section 5-1-40 of the 1976 Code is amended to read:
"Section 5-1-40. Except as otherwise provided by law, the citizens of any proposed municipality in this State, desiring to be incorporated, shall file with the Secretary of State their petition for that purpose, setting out the corporate limits proposed for the municipality and the number of inhabitants therein and signed by fifty qualified electors thereof and fifteen percent of the freeholders qualified electors who reside within the proposed municipality."
SECTION 3. Chapter 3 of Title 5 of the 1976 Code is amended to read:
Change of Corporate Limits
Section 5-3-10. Any city or town council may extend the corporate limits of such city or town the municipality in the manner set forth in this chapter.
Section 5-3-15. No municipality may annex, under the provisions of this chapter, any real property owned by an airport district composed of more than one county without prior written approval of the governing body of the district.
Section 5-3-20. To effect any such extension a petition shall first be submitted to the council by a majority of the freeholders of the territory which it is proposed to annex, accompanied by an adequate description thereof, praying that an election be ordered to see if such territory shall be included in the city or town.
Section 5-3-30. When two or more municipal corporations propose to consolidate, no petition shall be required and each municipal corporation desiring to consolidate may call for the election hereinafter provided by ordinance.
Section 5-3-40. Whenever it is proposed to extend the corporate limits of any municipality by inclusion of territory of another adjacent municipality in whole or in part, the governing bodies of the municipalities may, after public hearing, stipulate and agree upon terms of consolidation or boundary adjustment by ordinance adopted by each municipality, which shall be binding upon the enlarged municipality, and the consolidation or adjustment shall be effective on the date of adoption of the final ordinance.
Section 5-3-50. If the city or town council shall find that the petition filed pursuant to Section 5-3-20 has been signed by a majority of the freeholders within the territory proposed to be annexed, it may certify that fact to the county commissioners of elections of the county in which the territory is situated. Such territory shall not be annexed until such certification is made by the city or town council and an election is held pursuant to Sections 5-3-10 through 5-3-270. If so certified, the county commissioners of elections shall order an election to be held within the corporate limits of the municipality and within the territory proposed to be annexed to such municipality, on the same date, on the question of extension of the corporate limits of the municipality by annexation of the territory proposed to be annexed.
Section 5-3-60. The county commissioners of elections shall give at least ten days' notice prior to the date set for such election by notice signed by the county commissioners of elections and posted in three conspicuous places within the corporate limits of the municipality and also three conspicuous places within the territory proposed to be annexed to the municipality or by similar notice published ten days prior to the time set for such election in a newspaper of general circulation within the corporate limits of the municipality and within the territory proposed to be annexed thereto.
Section 5-3-70. The election so ordered shall be a special election and not a municipal election and shall be held, regulated and conducted in accordance with the rules, regulations and provisions prescribed by Chapters 13 and 17 of Title 7, except as in this chapter otherwise provided. Registered qualified electors residing within the corporate limits of the municipality and registered qualified electors residing within the territory proposed to be annexed to the municipality shall have the same qualifications to vote in such election as are required of registered qualified electors to vote in State and county general elections. At such election the registered qualified electors residing within the corporate limits of the municipality shall vote at the usual voting precincts thereof in boxes provided for that purpose, and the
Section 5-3-80. The votes cast in such election within the corporate limits of the municipality and the votes cast within the territory proposed to be annexed to the named municipality shall be counted separately and the results thereof declared separately. The county commissioners of elections shall certify the result of such election to the governing body of the municipality. If a majority of the votes cast by the qualified electors of the municipality and of the territory proposed to be annexed, each aggregated separately, shall each be in favor of the annexation or if neither gives a majority against the annexation, then the council shall publish the result of such election and declare the annexed territory a part of the city or town.
Section 5-3-90. Any city or town municipality increasing its territory shall file a notice with the Secretary of State, Department of Transportation, and the Department of Public Safety describing its new boundaries. Such The notice shall include a written description of the boundary, along with a map or plat which clearly defines the new territory added.
Section 5-3-100. If the territory proposed to be annexed belongs entirely to the municipality seeking its annexation and is adjacent thereto, such the territory may be annexed by resolution of the governing body of the municipality. When the territory proposed to be annexed to the municipality belongs entirely to the county in which the municipality is located and is adjacent thereto, it may be annexed by resolution of the governing body of the municipality and the governing body of the county. Upon the adoption of the resolutions required by this section and the passage of an ordinance to that effect by the municipality, the annexation shall be is complete, and the election provided for in Sections 5-3-50 to 5-3-80 shall not be required.
Section 5-3-110. Whenever the whole or any part of any street, roadway, or highway has been accepted for and is under permanent public maintenance by a city, a county, or the Department of Transportation, that portion of any right-of-way area not exceeding the width thereof lying beyond but abutting on the corporate limits of the city may be annexed to and incorporated within the city by adoption of an ordinance so declaring, without necessity for election of any sort, upon prior consent in writing of any public agency other than the city
Section 5-3-115. Notwithstanding any other provision of law, any real property which is or has been included within a multicounty park under Section 4-1-170 and title to which is held by the State of South Carolina, may be annexed only upon approval by the Budget and Control Board.
Section 5-3-120. If the entire area proposed to be annexed belongs to a corporation only, it may be annexed on the petition of the stockholders of such the corporation. Upon agreement of the governing body of the municipality to accept the petition and the passage of an ordinance to that effect by the municipality, the annexation shall be is complete and the election provided for in Sections 5-3-50 to 5-3-80 shall not be required.
Section 5-3-130. If the area proposed to be annexed belongs entirely to a school district, it may be annexed upon the petition of the board of trustees of the school district to the city or town council. Upon agreement of the city or town council to accept the petition and the passage of an ordinance to that effect, the annexation shall be is complete, and the election provided for in Sections 5-3-50 to 5-3-80 shall not be required.
Section 5-3-140. If the territory proposed to be annexed belongs entirely to the Federal Government or to the State of South Carolina and is adjacent to a municipality, it may be annexed upon the petition of the Federal Government or of the State to the city or town council thereof. As used in this section, a petition by the State shall mean a petition executed by the State Budget and Control Board. Upon agreement of the city or town council to accept the petition and the passage of an ordinance to that effect, the annexation shall be is complete, and the election provided for in Sections 5-3-50 to 5-3-80 shall not be required.
Section 5-3-150. (1) Any area or property which is contiguous to a city or town municipality may be annexed to the city or town municipality by filing with the municipal governing body a petition signed by seventy-five percent or more of the freeholders, as defined in Section 5-3-240, owning at least seventy-five percent of the assessed valuation of the real property in the area requesting annexation. Upon the agreement of the governing body to accept the petition and annex
(2) The conditions relating to petitions set forth in this section apply only to the alternate method of annexation as defined in subsection (1) of this section.
(3) Notwithstanding the provisions of subsections (1) and (2) of this section, any area or property which is contiguous to a city or town municipality may be annexed to the municipality by filing with the municipal governing body a petition signed by all persons owning real estate in the area requesting annexation. Upon the agreement of the governing body to accept the petition and annex the area, and the enactment of an ordinance declaring the area annexed to the municipality, the annexation is complete and the election provided for in Sections 5-3-50 through 5-3-80 is not required. No member of the governing body who owns property or stock in a corporation owning property in the area proposed to be annexed is eligible to vote on such the ordinance. This method of annexation is in addition to any other methods authorized by law.
(4) For purposes of this section any real property owned by a governmental entity and leased to any other entity pursuant to a fee in lieu of taxes transaction under Section 4-29-67 or 4-29-69 is considered to have an assessed valuation equal to the original cost of the real property as determined under Section 4-29-67(D). For purposes of this section, the lessee of real property pursuant to a fee in lieu of taxes transaction under Section 4-29-67 or 4-29-69 is the freeholder with respect to such the property.
(5) For purposes of this section, any real property included within a multi-county park under Section 4-1-170 is considered to have the same assessed valuation that it would have if the multi-county park did not exist. Notwithstanding any other provision of law, any real property which is or has been included within a multi-county park under Section 4-1-170 and title to which is held by the State of South Carolina, only may be annexed with prior written consent of the State of South Carolina, and when title to real property in such a the park is held by a political subdivision of the State, the property may be annexed only with prior written consent of the governing body of the political subdivision holding title.
Section 5-3-155. An area in this State located more than twelve miles from the Atlantic Ocean, which is a peninsula being predominately industrial in character, separating a fresh water reservoir from a body of brackish water subject to tidal influences, and created by the construction of a man-made canal and man-made dam, may be annexed by a municipality only under the provisions of Section 5-3-150 of the 1976 Code.
Section 5-3-160. In addition to the method of initiating an annexation election provided for in Sections 5-3-20 through 5-3-50,
Section 5-3-170. As a prerequisite to the annexation election provided for in Section 5-3-160, there shall be held a referendum (either prior to or simultaneous with the annexation) in which all freeholders owning property in the territory proposed to be annexed shall be entitled to vote.
Section 5-3-180. In cases where the referendum is held prior to the election, if a majority of the freeholders voting in such referendum do not approve the proposed annexation, the election shall not be held. In cases where the referendum and the election are held simultaneously, separate boxes shall be maintained to receive the votes of the freeholders voting in the referendum and those of the registered electors voting in the election. In order for an annexation to be validly effected, a majority of the freeholders voting in the referendum must approve the annexation; and a majority of the registered electors voting in the election must approve the annexation, both within the territory proposed to be annexed and within the corporate limits of the municipality.
Section 5-3-190. No annexation referendum or election shall be initiated pursuant to Sections 5-3-160 to 5-3-240 unless a notice of the referendum and election shall have been inserted in a newspaper of general circulation within the municipality and the territory proposed to be annexed for once a week for at least four successive weeks, the first such notice to be given at least sixty days prior to the date of the election. The notice shall state the purposes of the election, the date, and the location of the various voting places. There shall be provided at least one polling place within the area sought to be annexed.
Section 5-3-200. Not later than twenty days prior to the freeholders referendum provided herein, the county auditor shall furnish to the
Section 5-3-210. When an annexation election is defeated either by the voters inside the municipality concerned or within the territory proposed to be annexed, or both, another annexation election within the territory proposed to be annexed shall not be initiated within a period of twenty-four months from the date upon which the voting took place.
Section 5-3-220. When the procedure for annexation provided for in Sections 5-3-160 to 5-3-240 is followed the area of the territory proposed to be annexed shall at no time exceed one-fourth of the area of the municipality. Provided, that the provisions of this section shall not apply to annexations where the area to be annexed is an island or the remaining part of an island not then within the corporate limits of a municipality.
Section 5-3-230. The annexation procedure provided in Sections 5-3-160 to 5-3-240 shall not be applicable to annexation of the whole or any portion of an existing incorporated municipality, either with or without adjacent unincorporated territory, by the municipality initiating such election.
Section 5-3-235. Except when the procedures for an annexation provided for in Sections 5-3-100, 5-3-110, 5-3-120, 5-3-130, 5-3-140, and 5-3-150 of the 1976 Code are followed, the assessed value of real property of any single freeholder to be annexed, as defined in Section 5-3-240 of the 1976 Code, shall not at the time of a proposed annexation exceed twenty-five percent of the assessed value of real property of the existing area of a municipality.
Section 5-3-240. For the purposes of Sections 5-3-20, 5-3-50, and 5-3-160 to 5-3-240 5-3-150, 5-3-280, and 5-3-300, a 'freeholder' is defined as any person eighteen years of age, or older, and any firm or corporation, who or which owns legal title to a present possessory interest in real estate equal to a life estate or greater (expressly excluding leaseholds, easements, equitable interests, inchoate rights, dower rights, and future interests) and who owns, at the date of the petition or of the referendum, at least an undivided one-tenth interest in a single tract and whose name appears on the county tax records as an owner of real estate.
Section 5-3-250. Any city or town municipality may extend its corporate limits so as to include any or all cemeteries adjoining such
Section 5-3-260. Any area owned entirely by an established church or religious group which is contiguous to a city or town municipality may be annexed to such city or town the municipality upon the petition of the governing body of such the church or religious group being submitted to the governing body of a city or town municipality. Upon agreement of the governing body of the city or town municipality to accept the petition, and the passage of an ordinance to that effect, the annexation shall be is complete and the election provided for in Sections 5-3-50 through 5-3-80 shall not be required.
Section 5-3-270. When the limits of a city or town municipality shall be are ordered extended, no contest thereabout shall be allowed unless the person interested therein shall files, within sixty days after the result has been published or declared, file with both the clerk of the city or town municipality and with the clerk of court of the county in which the city or town municipality is situate located, a notice of his intention to contest such the extension, nor unless, within ninety days from the time the result has been published or declared an action shall be is begun and the original summons and complaint filed with the clerk of court of the county in which the city or town municipality is situate located.
Section 5-3-280. Whenever a petition is presented to a city or town council signed by a majority of the resident freeholders of the city or town municipality asking for a reduction of the corporate limits of the city or town, the council shall order an election after not less than ten days' public advertisement. Such This advertisement shall describe the territory that is proposed to be cut off. If a majority of the qualified electors vote at such the election in favor of the release of the territory, then the council shall must issue an ordinance declaring the territory no longer a portion of the city or town municipality and shall so must notify the Secretary of State, furnishing him at the same time with of the new boundaries of the town municipality.
Section 5-3-285. Territory proposed to be removed from within the corporate limits of a municipality which is owned entirely by that municipality may be removed from within the corporate limits by ordinance of the governing body of the municipality. Territory proposed to be removed from within the corporate limits of a
Section 5-3-290. The word 'municipality' as used in this chapter shall be construed to mean any incorporated city or town located within this State.
Section 5-3-300. (A) In addition to other methods of annexation authorized by this chapter, any area which is contiguous to a municipality may be annexed to the municipality by the filing of a petition with the council signed by twenty-five percent or more of the freeholders qualified electors who are residents within the area proposed to be annexed.
(B) The petition must contain a description of the area to be annexed, the signature of the freeholder qualified elector, the address of residence, and the act or code section pursuant to which the proposed annexation is to be accomplished.
(C) If the municipal council finds that the petition has been signed by twenty-five percent or more of the freeholders qualified electors resident within the area proposed to be annexed, it the council may certify that fact to the county election commission of the county in which the area is situated. Upon receipt of a written resolution certifying that the petition meets the requirements of this section, the county election commission shall order an election to be held within the area proposed to be annexed to the municipality on the question of extension of the corporate limits of the municipality by annexation of the area proposed to be annexed.
(D) The election ordered pursuant to this section is a special election and not a municipal election and must be held, regulated, and conducted with the provisions prescribed by Chapters 13 and 17 of Title 7, except as otherwise provided in this section. The county election commission shall give at least thirty days' notice in a newspaper of general circulation within the area proposed to be annexed to the municipality. Registered qualified electors residing within the area proposed to be annexed to the municipality shall have the same qualifications to vote in this election as are required of registered qualified electors to vote in state and county general elections. At the election, the registered qualified electors residing within the area proposed to be annexed shall vote in a box or boxes to be provided for the purpose within the area proposed to be annexed by the county election commission. The county election commission shall
(E) After publishing the result of the election, the municipal council shall publish in a newspaper of general circulation within the municipality a notice which must contain:
(1) a description of the area to be annexed;
(2) the act or code section pursuant to which the proposed annexation is to be accomplished;
(3) a statement that the qualified electors of the area to be annexed voted to be annexed to the municipality; and
(4) a statement that the municipal council will approve the annexation of the area unless a petition signed by five percent or more of the qualified electors within the municipality is presented to the municipal council within thirty days from the date of the notice requesting that the municipal council order an election to be held within the municipality on the question of extension of the corporate limits by annexation of the area proposed to be annexed.
(F) The municipal council may give final reading approval to an ordinance declaring the area annexed not less than thirty days from the date of the publication of the notice required by subsection (E). However, if within thirty days from the date of the publication of the notice required by subsection (E), a petition signed by five percent or more of the qualified electors within the municipality is presented to the municipal council requesting an election to be held within the municipality on the question of extension of the corporate limits by annexation of the area proposed to be annexed, the municipal council shall delay final reading approval of the ordinance declaring the area annexed until the results of the election within the municipality are published.
(G) If within thirty days from the date of the publication of the notice required by subsection (E), a petition is presented to the municipal council requesting an election to be held within the municipality on the question of extension of the corporate limits by annexation of the area proposed to be annexed, the municipal council, after verifying that at least five percent of the qualified electors within the municipality have signed the petition, shall certify that fact to the municipal election commission and order an election. The election ordered pursuant to this subsection is a municipal election and must be
(H) If a majority of the votes cast by the qualified electors of the municipality are in favor of the annexation, then the council shall give final reading approval to the ordinance declaring the area annexed. If a majority of the votes cast by the qualified electors of the municipality are in opposition to the annexation, the municipal council shall publish the result of the election and table the proposed ordinance.
(I) When the procedure for annexation provided for in this section is followed, any freeholder owning real property in the area to be annexed equal to twenty-five percent or more of the total assessed value of all real property of the area proposed to be annexed and any freeholder owning agricultural real property in the area to be annexed shall receive written notice of the proposed annexation by certified mail, return receipt requested, from the municipal clerk. Unless the freeholder files written notice with the municipal clerk at least ten days before the election provided for in subsection (D), the freeholder's property must be considered as part of the area proposed to be annexed for the purposes of the annexation election. If the freeholder files written notice objecting to the inclusion of his property in the area to be annexed with the municipal clerk at least ten days before the election provided for in subsection (D), then the freeholder's property must be excluded from the area to be annexed. For purposes of this section, 'agricultural real property' means:
(1) land used to grow timber, if the size of the tract is ten acres or more. Tracts of timberland of less than ten acres which are contiguous to or are under the same management system as a tract of timberland which meets the minimum acreage requirement are treated as part of the qualifying tract. Tracts of timberland of less than ten acres are agricultural real property when they are owned in combination with other tracts of nontimberland agricultural real property that qualify as agricultural real property. For purposes of this item, tracts of
(2) all other agricultural real property, if the size of the tract is ten acres or more. Tracts of other than timberland of less than ten acres which are contiguous to a tract which meets the minimum acreage requirement are treated as part of the qualifying tract;
(3) tracts of other than timberland not meeting the acreage requirement qualify if the freeholder reported at least one thousand dollars of gross farm income on his federal income tax return Schedule E or F for at least three of the five taxable years preceding the year of the annexation. The municipal clerk may require the freeholder (a) to give written authorization consistent with privacy laws allowing the clerk to verify farm income from the South Carolina Department of Revenue, or the Internal Revenue Service and (b) to provide the Agriculture Stabilization and Conservation Service (ASCS) farm identification number of the tract and allow verification with the ASCS office.
Section 5-3-305. For purposes of this chapter, 'contiguous' means property which is adjacent to a municipality and shares a continuous border. Contiguity is not established by a road, waterway, right-of-way, easement, railroad track, marshland, or utility line which connects one property to another; however, if the connecting road, waterway, easement, railroad track, marshland, or utility line intervenes between two properties, which but for the intervening connector would be adjacent and share a continuous border, the intervening connector does not destroy contiguity.
Section 5-3-310. When all or part of the area of a special purpose district as defined in Section 6-11-1610 or a special taxing district created pursuant to Section 4-9-30, or Section 4-19-10, et seq. or an assessment district created pursuant to Chapter 15 of Title 6, or any other special purpose district or special taxing or assessment district is annexed into a municipality under the provisions of Section Section 5-3-150 or 5-3-300, the following provisions apply:
(1) At the time of annexation or at any time thereafter the municipality may elect at its sole option to provide the service formerly provided by the district within the annexed area. The transfer of service rights must be made pursuant to a plan formulated under the provisions of Sections 5-3-300 through 5-3-315.
(2) Until the municipality upon reasonable written notice elects to displace the district's service, the district must be allowed to continue providing service within the district's annexed area.
(3) Annexation does not divest the district of any property; however, subject to the provisions of item (4) below, real or tangible personal property located within the area annexed must be transferred to the municipality pursuant to a plan formulated under the provisions of Sections 5-3-300 through 5-3-315.
(4) In any case in which the municipality annexes less than the total service area of the district, the district may, at its sole discretion, retain ownership and control of any asset, within or without the annexed area, used by or intended to be used by residents within the district's unannexed area or used or intended to be used to provide service to residents in the unannexed area of the district.
(5) Upon annexation of less than the total area of the district, the district's boundaries must be modified, if at all, by the plan formulated pursuant to the provisions of Sections 5-3-300 through 5-3-315. Such The plan shall must specify the new boundaries of the district.
Section 5-3-311. The plan contemplated by Sections 5-3-300 through 5-3-315 may be formulated by agreement of the district and the annexing municipality. If, however, the district and municipality do not agree on such a plan within ninety days following a favorable vote at the last referendum election required to be held to authorize the annexation, then the district and the municipality shall must appoint a committee to formulate such a plan in accordance with the following:
(1) The district and municipality shall each select a member of the committee and the two members so selected shall select a third member.
(2) If the two members fail to select a third member within thirty days after the second of them is appointed, either member may petition the court of common pleas for the county in which the annexed area or any part thereof lies to appoint a third member.
(3) Within ten days after appointment of a third member, the three members must select a committee chairman from among themselves.
(4) Within sixty days after selection of a chairman, the committee shall must develop a plan and present it to the district and the municipality.
(5) If either the annexing municipality or the district objects to the plan, it may appeal the plan to the court of common pleas for the county in which the annexed area or any part thereof lies. The appeal must be instituted within thirty days of the date the district or municipality receives the committee's plan.
(6) The court may modify the plan forwarded by the committee only upon finding an error of law, abuse of discretion, or arbitrary or capricious action by the committee.
(7) The fact that a plan has not been finalized may not in any way alter or delay the effective date of annexation; however, the district shall retain the right to operate its existing system, collect revenues, and collect taxes from or within the area annexed until such time as the municipality and the district agree on a plan or a plan is presented to the municipality and the district under item (4) above. In the event a plan is appealed to the courts, the court of common pleas for the county in which the annexed area or any part thereof lies may enter such orders under its general equitable powers as are necessary to protect the rights of parties pending final resolution of any appeal.
Section 5-3-312. The plan formulated under Sections 5-3-300 through 5-3-315 shall seek to balance the equities and interests of the residents and taxpayers of the annexed area and of the area of the district not annexed. The plan may be formulated with regard to any factors bearing on such balance of equities and interests in accordance with the following:
(1) The plan may provide for certain service contracts to be entered into between the municipality and the district. The municipality has the right, in its sole discretion, to determine whether the municipality will provide service to the area annexed directly or by contract with the district. At the option of the district, the plan may provide for service contracts by which the municipality will provide service to residents of unannexed areas of the district.
(2) In any case in which less than the total service area of the district will be annexed by the municipality, the plan shall:
(a) protect the district's ability to serve the residents of the district's unannexed area economically and efficiently, and protect the district's ability to continue to expand or otherwise make service available throughout its unannexed area;
(b) protect the ability of the municipality to serve residents of the annexed area of the district economically and efficiently;
(c) protect the rights of the district's bondholders.
(3) To carry out the requirements of subitem (a) of item (2) above, the plan shall require the municipality to assume contractually the obligation to pay debt service on an amount of the district's bonded indebtedness or other obligations including lease purchase obligations adequate to offset the district's loss of net service revenue or tax revenue from the area annexed, in accordance with the following:
(a) specifically included within this amount must be revenues, if any, projected under the provisions of any governmentally approved plan promulgated pursuant to federal pollution control legislation;
(b) as the district retires bonded indebtedness existing at the time of annexation, the municipality's payment obligation under this provision must be reduced by the proportion which the principal amount of the indebtedness retired bears to the total principal amount of bonded indebtedness of the district at the time of annexation;
(c) as used herein, net service revenue means revenue from fees, charges, and all other sources, attributable to service provided in the area annexed, less the actual cost of operating and maintaining the system or facilities needed to serve that area; however, debt service or other payments required to finance capital assets may not be considered to be part of such operating and maintenance expenses. Tax revenue means taxes collected from property owners within the annexed area.
(4) Under any plan whereby the district must disconnect or reintegrate its facilities, the municipality shall bear the reasonable cost of such disconnection or reintegration. In the event that the plan contemplates that the district will continue to provide service by contract within the incorporated limits of the municipality, the municipality shall agree to provide the district with all permits or authority necessary to use municipal streets, alleys, ways, and other public spaces for the provision of such service.
(5) In no event may any provision be incorporated in any plan which will impair the rights of bondholders, or which will impair the statutory liens created by Section 6-21-330 or Title 7 of the United States Code, Section 1926(b), or which will accelerate the requirement to repay bonds, or which would violate the conditions of any grant.
(6) In no event may any plan require that the residents in the annexed area be taxed or assessed by both the municipality and the district for the provision of the same service, except as provided by the laws of this State.
(7) Absent consent of the district, neither annexation nor any plan hereunder entitles the municipality to any cash, securities, or other liquid assets of any kind of the district.
(8) Subject to the provisions of Article VIII, Section 15 of the Constitution of this State, the service provided or made available through any district may not be curtailed or limited by inclusion of the area served by the district within the boundaries of any municipal corporation or other public body, or by the granting of any private
Section 5-3-313. The auditor and treasurer of the county or counties in which the annexed area is located shall take such action as is appropriate to conform with the plan finally established pursuant to the terms of Sections 5-3-300 through 5-3-315, including releasing or adjusting any levy of district taxes within any annexed area. The annexing municipality and the district shall execute and deliver such documents, including any deeds or bills of sale, appropriate to the implementation of such a plan.
Section 5-3-314. In no event under any plan or otherwise may the obligation between the district and its general obligation bondholders or, in the case of a special tax or assessment district, the obligation between the district and the holders of the county bonds issued on its behalf, be disturbed. If adequate provision is not made for the levy of taxes or for payment of the principal and interest on such bonds, it is the duty of the auditor of the county to levy, and of the treasurer of the county to collect, an ad valorem tax, without limit as to rate or amount, upon all taxable property within the district as it was constituted on the dates those bonds were issued sufficient to pay principal and interest as they become due. Only bondholders or agents or trustees acting on their behalf may proceed at law or in equity to enforce this requirement.
Section 5-3-315. Any district affected by the proposed annexation may conduct a public hearing within sixty days prior to the required election. The district must give at least fourteen days' notice of the time and place of this public hearing in a newspaper of general circulation within the area proposed to be annexed; however, failure to conduct a public hearing or failure to publish proper notice of the hearing may not delay any election or other proceedings herein."
SECTION 4. This act takes effect upon approval by the Governor. /
Amend title to conform.
/s/ Sen. Glenn F. McConnell /s/Rep. Michael E. Easterday
/s/ James E. Bryan, Jr. /s/Rep. George E. Campsen III
/s/ Sen. Sen. Robert Ford Rep. James Emerson Smith, Jr. On Part of the Senate. On Part of the House.
Rep. CAMPSEN explained the Conference Report.
Rep. SHEHEEN raised the Point of Order that under House Rule 5.14, no report of the conference committee shall be considered until such report has been printed in the House Journal.
SPEAKER WILKINS sustained the Point of Order.
Rep. CAMPSEN moved to waive Rule 5.15, which was not agreed to by a division vote of 43 to 51.
The SPEAKER then ordered the Conference Report printed in the Journal.
The following Bills and Joint Resolution were read the third time, passed and, having received three readings in both Houses, it was ordered that the title of each be changed to that of an Act, and that they be enrolled for ratification:
S. 1310 (Word version) -- Senators Grooms and Mescher: A BILL TO AMEND ACT 178 OF 1999, RELATING TO THE BERKELEY COUNTY SCHOOL DISTRICT SCHOOL BOND-PROPERTY TAX RELIEF ACT, BY REPEALING SECTION 9, RELATING TO A REFERENDUM ON A SPECIAL ONE PERCENT SALES AND USE TAX FOR NOT MORE THAN TWENTY YEARS IN BERKELEY COUNTY.
S. 1250 (Word version) -- Senators Grooms, Matthews and Washington: A BILL TO AMEND ARTICLE 9, CHAPTER 1, TITLE 1, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-1-708 SO AS TO DESIGNATE THE SOUTH CAROLINA ARTISANS CENTER IN WALTERBORO AS THE OFFICIAL STATE FOLK ART AND CRAFTS CENTER.
S. 1290 (Word version) -- Senator Hayes: A JOINT RESOLUTION TO AUTHORIZE THE STATE BUDGET AND CONTROL BOARD EFFECTIVE JULY 1, 2000, TO TRANSFER OWNERSHIP OF A SURPLUS NATIONAL GUARD ARMORY IN YORK, SOUTH CAROLINA, TO YORK COUNTY.
The following Bills were taken up, read the third time, and ordered sent to the Senate:
H. 4290 (Word version) -- Reps. Walker, Stille, Wilder, Klauber, Bales, J. Smith, Barrett, Cotty, Hawkins, Harvin, Rodgers, Hamilton and Leach: A BILL TO AMEND ARTICLE 6, CHAPTER 111 OF TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ONE-HALF TUITION CHARGES FOR MEMBERS OF THE SOUTH CAROLINA NATIONAL GUARD TO ATTEND STATE-SUPPORTED INSTITUTIONS OF HIGHER LEARNING OR TECHNICAL COLLEGES, SO AS TO PROVIDE A FULL TUITION EXEMPTION FOR UP TO FIFTEEN CREDIT HOURS A SEMESTER INSTEAD OF TWELVE, TO PROVIDE THE TUITION EXEMPTION SHALL NOT BE ON A SPACE AVAILABLE BASIS, TO PROVIDE THAT THE CREDIT HOURS EARNED BY THESE STUDENTS SHALL BE USED IN HIGHER EDUCATION FORMULAS FOR FUNDING, AND TO FURTHER PROVIDE FOR OTHER PROCEDURAL MATTERS IN REGARD TO THIS TUITION EXEMPTION.
H. 4567 (Word version) -- Rep. Harrison: A BILL TO AMEND SECTION 6-5-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AUTHORIZED INVESTMENTS FOR THE MONEY OF POLITICAL SUBDIVISIONS OF THE STATE, SO AS TO AUTHORIZE PRINCIPAL PROTECTED INVESTMENTS IN THE FORM OF NOTES, BONDS, GUARANTEED INVESTMENT CONTRACTS, DEBENTURES, OR OTHER CONTRACTS WHICH PROVIDE FOR FULL PRINCIPAL PAYMENT AT THE END OF A CONTRACT TERM NOT TO EXCEED TWELVE YEARS ISSUED BY BANKS CHARTERED IN THE UNITED STATES OR THEIR AGENCIES, OTHER FINANCIAL INSTITUTIONS, INSURANCE COMPANIES, OR OTHER ENTITIES HAVING RECEIVED A CREDIT RATING IN ONE OF THE THREE HIGHEST GENERAL RATING CATEGORIES OF SUCH RATINGS BY NO FEWER THAN TWO NATIONALLY RECOGNIZED CREDIT RATING ORGANIZATIONS.
H. 4512 (Word version) -- Reps. Webb, Barrett, Dantzler, Harris, Jennings, Leach, Ott, Rhoad, Riser, Robinson, Sandifer, Sharpe, Trotter, Wilkins and Witherspoon: A BILL TO AMEND ACT 1278 OF 1970, AS
The following Bill was taken up:
H. 4703 (Word version) -- Reps. Sharpe and Witherspoon: A BILL TO AMEND CHAPTER 11, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROTECTION OF GAME, BY ADDING SECTION 50-11-100, RELATING TO WILDLIFE, SO AS TO PROVIDE THAT IT IS UNLAWFUL TO INTENTIONALLY TAKE WILDLIFE INSIDE AN ENCLOSURE WHICH PREVENTS OR MATERIALLY IMPEDES THE FREE RANGE OF WILDLIFE; TO PROVIDE AN EXCEPTION FOR ENCLOSURES REGISTERED WITH THE DEPARTMENT OF NATURAL RESOURCES WITHIN THIRTY DAYS AFTER THE EFFECTIVE DATE OF THIS SECTION; AND TO PROVIDE PENALTIES FOR VIOLATIONS OF THIS SECTION.
The Agriculture, Natural Resources and Environmental Affairs Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\SWB\AMEND\5152DJC00), which was adopted:
Amend the bill, as and if amended, Section 50-11-100(A), as contained in SECTION 1, page 1, line 30, by striking subsection (A) and inserting:
/ (A) Except as provided in this section, it is unlawful to hunt deer with a weapon inside an enclosure which prevents or materially impedes the free range of the deer being hunted. /
Amend the bill further, Section 50-11-100(C), as contained in SECTION 1, page 2, line 3, by striking subsection (C) and inserting:
/ (C)(1) This section does not apply to enclosures registered with the department within thirty days after the effective date of this section, provided the enclosure is an existing, completed enclosure in that the construction of the enclosure is wholly complete in every respect and requires no further labor or material to erect or complete the construction of the enclosure.
(2) After an enclosure is registered with the department, the owner may not increase or decrease the enclosed area. The owner may make repairs necessary for the care and maintenance of the enclosure
Rep. WITHERSPOON explained the amendment.
The amendment was then adopted.
Reps. WILKES and KNOTTS proposed the following Amendment No. 2 (Doc Name COUNCIL\SWB\AMEND\5153DJC00):
Amend the bill, as and if amended, Section 50-11-100(A), as contained in SECTION 1, page 1, line 30, by striking subsection (A) and inserting:
/ (A) Except as provided in this section, it is unlawful to hunt deer with a weapon inside an enclosure which prevents or materially impedes the free range of the deer being hunted. /
Amend the bill further, Section 50-11-100(C), as contained in SECTION 1, page 2, line 3, by striking subsection (C) and inserting:
/ (C)(1) This section does not apply to enclosures registered with the department within thirty days after the effective date of this section, provided the enclosure is an existing, completed enclosure in that the construction of the enclosure is wholly complete in every respect and requires no further labor or material to erect or complete the construction of the enclosure.
(2) After an enclosure is registered with the department, the owner may expand but may not decrease the enclosed area. The owner may make repairs necessary for the care and maintenance of the enclosure./
Renumber sections to conform.
Amend totals and title to conform.
Rep. WILKES explained the amendment.
Rep. WITHERSPOON moved to table the amendment.
Rep. WILKES demanded the yeas and nays which were taken, resulting as follows:
Breeland Cato Cooper Davenport Edge Frye Gourdine Hamilton Keegan Kelley Lourie McCraw McGee McKay Ott Quinn Riser Sandifer Sharpe Taylor Townsend Tripp Witherspoon
Those who voted in the negative are:
Allen Altman Bailey Bales Barrett Battle Bowers Brown, G. Brown, J. Brown, T. Campsen Carnell Chellis Clyburn Cotty Delleney Easterday Emory Gamble Govan Harrell Harvin Hawkins Hayes Hines, M. Hinson Hosey Huggins Inabinett Jennings Kennedy Kirsh Knotts Koon Law Leach Lee Limehouse Littlejohn Lloyd Loftis Lucas Maddox McLeod, M. McLeod, W. Miller Moody-Lawrence Neal, J.M. Neilson Parks Perry Rhoad Robinson Rodgers Rutherford Scott Sheheen Simrill Smith, F. Smith, J. Stuart Trotter Walker Whatley Whipper Wilder Wilkes Wilkins Woodrum Young-Brickell
So, the House refused to table the amendment.
Reps. EASTERDAY, KENNEDY, DELLENEY, YOUNG-BRICKELL, JENNINGS, GOURDINE, HOSEY, GOVAN, HAYES, CLYBURN, CHELLIS, OTT, WITHERSPOON, PERRY, SHARPE, DAVENPORT, QUINN and KNOTTS requested debate on the Bill.
The following Bill was taken up:
S. 934 (Word version) -- Senators McConnell, Matthews, Courtney, Patterson, Reese, Hayes, Jackson, Passailaigue, Rankin and Glover: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-77-144 SO AS TO PROVIDE THAT THERE IS NO PERSONAL INJURY PROTECTION (PIP) COVERAGE MANDATED UNDER THE AUTOMOBILE INSURANCE LAWS OF SOUTH CAROLINA, AND PROVIDE THAT IF AN INSURER SELLS NO-FAULT INSURANCE COVERAGE WHICH INCLUDES PERSONAL INJURY PROTECTION, MEDICAL PAYMENT COVERAGE, OR ECONOMIC LOSS COVERAGE, SUCH COVERAGE SHALL NOT BE ASSIGNED OR SUBROGATED AND IS NOT SUBJECT TO A SETOFF.
Rep. TRIPP explained the Bill.
Rep. ROBINSON made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The SPEAKER granted Rep. GILHAM a leave of absence for the remainder of the day.
Rep. MCMAHAND, with unanimous consent, withdrew his request for debate on H. 3927 (Word version); however, other requests for debate remained on the Bill.
Rep. SCOTT asked unanimous consent to recall H. 3005 (Word version) from the Committee on Ways and Means.
Rep. TROTTER objected.
The Senate amendments to the following Bill were taken up for consideration:
H. 3889 (Word version) -- Rep. Edge: A BILL TO AMEND CHAPTER 32, TITLE 27, CODE OF LAWS OF SOUTH CAROLINA, 1976, AS AMENDED, RELATING TO VACATION TIMESHARING PLANS, BY ADDING ARTICLE 3, SO AS TO PROVIDE PROCEDURES FOR THE FORECLOSURE OF LIENS ON TIMESHARE ESTATES; AND TO DESIGNATE SECTIONS 27-32-10 THROUGH 27-32-250 AS ARTICLE 1, CHAPTER 32, TITLE 27, ENTITLED "VACATION TIME SHARING PLANS".
Rep. D. SMITH moved to adjourn debate upon the Senate Amendments until Tuesday, April 18, which was agreed to.
The Senate amendments to the following Bill were taken up for consideration:
H. 3393 (Word version) -- Reps. Law, H. Brown and Young-Brickell: A BILL TO AMEND CHAPTER 23, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WATERCRAFT AND MOTOR TITLING, BY ADDING SECTION 50-23-295 SO AS TO PROVIDE THAT A CERTIFICATE OF TITLE TO WATERCRAFT MAY NOT BE TRANSFERRED IF THE DEPARTMENT OF NATURAL RESOURCES HAS NOTICE THAT PROPERTY TAXES ARE OWED ON THE WATERCRAFT OR OUTBOARD MOTOR.
Rep. SHARPE made the Point of Order that the Senate Amendments were improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The Senate amendments to the following Bill were taken up for consideration:
H. 3509 (Word version) -- Reps. Simrill, Mason, Robinson, Moody-Lawrence, Altman, Davenport, Hamilton, Kirsh, Leach, Meacham-Richardson, J. H. Neal and Sandifer: A BILL TO AMEND CHAPTER 13, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FORGERY, LARCENY, AND SIMILAR OFFENSES, BY ADDING ARTICLE 2, ENTITLED THE "PERSONAL FINANCIAL SECURITY ACT" SO AS TO PROVIDE FOR THE OFFENSE OF FINANCIAL IDENTITY FRAUD AND PENALTIES FOR VIOLATION; AND TO FURTHER AMEND CHAPTER 13, TITLE 16 BY DESIGNATING SECTION 16-13-10 THROUGH 16-13-490 AS ARTICLE 1 OF THAT CHAPTER.
Rep. D. SMITH made the Point of Order that the Senate Amendments were improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up:
S. 60 (Word version) -- Senator Ford: A BILL TO AMEND SECTION 53-5-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LEGAL HOLIDAYS, SO AS TO PROVIDE THAT MARTIN LUTHER KING'S BIRTHDAY AND CONFEDERATE MEMORIAL DAY SHALL BE REGULAR, RATHER THAN OPTIONAL, HOLIDAYS; TO DELETE REFERENCES TO ROBERT E. LEE'S BIRTHDAY AND JEFFERSON DAVIS' BIRTHDAY AS HOLIDAYS; AND TO MAKE GENERAL ELECTION DAY AN OPTIONAL, RATHER THAN REGULAR, HOLIDAY.
Rep. GOVAN spoke against the Bill.
Clearly the decisions we make in this body are not easy ones, however, there comes a time, a divining moment if you will, when compromise for the sake of expediency is not in the best or long term interest of the people that we are sworn to serve. S. 60, or better known as the Dr. Martin Luther King, Jr. Holiday Bill, is such a case. By coupling the bill with the creation of a permanent Confederate Memorial Holiday for the sake of safe passage is a quid pro quo and raises my concern as to our sincerity in honoring Dr. King for his legacy and life that he sacrificed for the promotion of peace, justice and equality for all people. Many will question whether we sincerely honor this man of peace or whether this is a vain attempt to resolve a controversial issue that has caused our State embarrassment in the eyes of the nation and the world, as the last state in the country to recognize Dr. Martin Luther King, Jr. with an official state holiday.
James F. Clark is quoted as saying that politicians think of the next election, statesmen of the next generation, politicians for the success of their party, statesmen for that of their country. Statesmen desire to steer while politicians are satisfied to drift. As such, I believe the challenge for us is to ensure that the legacy that we leave as lawmakers should be to provide leadership that offers guidance and direction that seek to celebrate our commonality and commitment to each other as equal members of God's family; that is the vision that Dr. King shared and one for which he ultimately gave his life.
If we then are truly committed to this concept, then we must be willing to do what is right rather than what is expedient and that is why I cannot, in good conscience, support this Bill. Not only did we fail to introduce a clean Martin Luther King Holiday Bill to the floor for debate and passage, but this body systematically quashed any attempt to amend the Bill. Both the Martin Luther King, Jr. and the Confederate Memorial Day Holiday Bill, as S. 60 should properly be called, deserve to be considered independent of each other and stand on their own individual merits (one sought redress through peace, the other through war); to suggest otherwise is an affront and an injustice to both.
The question then recurred to the passage of the Bill on third reading.
Those who voted in the affirmative are:
Allen Allison Askins Bales Bowers Breeland Brown, G. Brown, J. Brown, T. Campsen Canty Carnell Clyburn Cobb-Hunter Cotty Delleney Edge Emory Gourdine Harrell Harrison Harvin Hawkins Hines, J. Hines, M. Hosey Huggins Jennings Keegan Lanford Lee Limehouse Lloyd Lourie Lucas Mack Maddox McCraw McGee McLeod, W. McMahand Miller Moody-Lawrence Neal, J.H. Neal, J.M. Neilson Ott Parks Perry Phillips Quinn Rhoad Robinson Rodgers Rutherford Scott Seithel Sheheen Simrill Smith, D. Smith, F. Smith, J. Smith, R. Taylor Tripp Webb Whatley Wilder Wilkes Wilkins Woodrum
Those who voted in the negative are:
Altman Barfield Barrett Cato Chellis Cooper Dantzler Davenport Easterday Fleming Frye Gamble Govan Hinson Howard Kirsh Koon Law Leach Littlejohn Loftis Martin Riser Sandifer
Sharpe Stille Stuart Townsend Trotter Walker Witherspoon Young-Brickell
So, the Bill was read the third time and ordered returned to the Senate with amendments.
My no vote on the MLK holiday on third reading reflects the response from constituents and others who are eligible to take the MLK day as a holiday and have the option to take the holiday on the day of their choosing. They wish to continue to take the MLK holiday on the day they choose rather than be mandated as to which day they must take.
Rep. Dwight Loftis
Rep. LOURIE moved that the House recur to the morning hour, which was agreed to.
Rep. TOWNSEND, from the Committee on Education and Public Works, submitted a favorable report with amendments on:
H. 4672 (Word version) -- Reps. Townsend, Allen, Barrett, Clyburn, Gamble, Gourdine, Hamilton, Hayes, Hinson, Jennings, Koon, Maddox, Martin, W. McLeod, Rice, Riser, Sandifer, Stille, Stuart, Taylor, Wilder and Wilkins: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING CHAPTER 28 SO AS TO ENACT THE "PARENT INVOLVEMENT IN THEIR CHILDREN'S EDUCATION ACT" INCLUDING PROVISIONS TO ESTABLISH A FRAMEWORK FOR ENCOURAGEMENT OF INCREASED PARENTAL INVOLVEMENT IN THE EDUCATION OF THEIR CHILDREN, FOR PARENTAL INVOLVEMENT TRAINING FOR EDUCATORS AND SCHOOL STAFF, FOR PARENTAL RESPONSIBILITIES FOR THEIR CHILD'S ACADEMIC SUCCESS, FOR EFFORTS TO INCREASE PARENT-TEACHER CONTACTS, AND FOR EVALUATION OF PARENT INVOLVEMENT EFFORTS; TO
Rep. TOWNSEND, from the Committee on Education and Public Works, submitted a favorable report with amendments on:
H. 4719 (Word version) -- Rep. Townsend: A BILL TO AMEND SECTION 59-1-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LENGTH OF THE SCHOOL TERM, SO AS TO ADD THREE DAYS FOR THE NEXT TWO SCHOOL YEARS AND TWO MORE DAYS FOR ALL SCHOOL YEARS THEREAFTER AND TO PROVIDE FOR THE MANNER IN WHICH THESE ADDITIONAL DAYS SHALL BE USED; TO ADD SECTION 59-5-75 SO AS TO PROVIDE THAT THE STATE BOARD OF EDUCATION SHALL REVIEW AND MAKE NECESSARY REVISIONS TO CRITERIA FOR REQUESTING OUT-OF-FIELD TEACHER PERMITS; TO PROVIDE THAT THE BOARD SHALL CONSIDER ESTABLISHING FOR PRINCIPALS A RECERTIFICATION REQUIREMENT THAT THEY COMPLETE TRAINING ON WAYS TO SUPPORT TEACHERS PROFESSIONALLY; TO ADD SECTION 59-5-85 SO AS TO PROVIDE THAT THE STATE BOARD OF EDUCATION AND THE DEPARTMENT OF EDUCATION SHALL REVIEW AND REFINE CERTAIN PROFESSIONAL PERFORMANCE DIMENSIONS IN THE STATE'S TEACHER EVALUATION PROGRAM, TO PROVIDE THAT THE DEPARTMENT OF EDUCATION SHALL IMPLEMENT A PILOT PROGRAM TO DEVELOP PROCEDURES FOR INCLUDING STUDENT ACHIEVEMENT AS A COMPONENT OF THE TEACHER EVALUATION PROGRAM AND TO PROVIDE THAT THE DEPARTMENT SHALL DEVELOP GUIDELINES FOR THE TEACHER INDUCTION PROGRAM WHICH SHALL INCLUDE
The following was introduced:
H. 4941 (Word version) -- Reps. J. Brown, Wilder, Howard, Pinckney, Breeland, Allen, Askins, Emory, Gamble, Hayes, M. Hines, Hosey, Lourie, Mack, J. M. Neal, Parks, Rutherford and Whatley: A HOUSE RESOLUTION TO COMMEND ZENDA LEAKS, RESEARCH ASSISTANT, FOR FIVE YEARS OF DEDICATED SERVICE TO THE MEDICAL, MILITARY, PUBLIC AND MUNICIPAL AFFAIRS COMMITTEE AND TO EXTEND BEST WISHES TO HER FOR SUCCESS IN HER NEW POSITION WITH THE DEPARTMENT OF PUBLIC SAFETY.
The Resolution was adopted.
The following Bills and Joint Resolutions were introduced, read the first time, and referred to appropriate committees:
H. 4942 (Word version) -- Reps. Kelley, Quinn, Wilkins, Robinson, Sandifer, Seithel, Whatley, Knotts, Tripp, Allison, Rodgers, Gilham, Stuart, Gamble, Huggins, Simrill, Meacham-Richardson, Lucas, Haskins, Altman, Barfield, Barrett, H. Brown, Campsen, Cato, Chellis, Cooper, Dantzler, Davenport, Edge, Frye, Harrell, Harrison, Hawkins, Hinson, Keegan, Klauber, Koon, Law, Leach, Limehouse, Littlejohn, Loftis, Martin, McGee, Rice, Riser, Sharpe, D. Smith, R. Smith, Taylor, Townsend, Trotter, Witherspoon and Young-Brickell: A BILL TO ENACT THE "SOUTH CAROLINA SENIOR CITIZENS HOMESTEAD EXEMPTION RELIEF ACT OF 2000", INCLUDING PROVISIONS TO AMEND SECTION 12-37-250, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HOMESTEAD EXEMPTION FOR TAXPAYERS OVER AGE
H. 4943 (Word version) -- Reps. Kelley, Quinn, Wilkins, Robinson, Sandifer, Allison, Gamble, Gilham, Knotts, Rodgers, Seithel, Stuart, Tripp, Whatley, Huggins, Simrill, Meacham-Richardson, Lucas, Haskins, Altman, Barfield, Barrett, G. Brown, Campsen, Cato, Chellis, Cooper, Dantzler, Davenport, Easterday, Edge, Frye, Harrell, Harrison, Hawkins, Hinson, Keegan, Klauber, Koon, Law, Leach, Limehouse, Littlejohn, Loftis, Martin, McGee, Rice, Riser, Sharpe, D. Smith, R. Smith, Taylor, Townsend, Trotter, Walker, Witherspoon and Young-Brickell: A BILL TO ENACT THE "SOUTH CAROLINA SENIOR CITIZENS PROPERTY TAX RELIEF ACT OF 2000", INCLUDING PROVISIONS TO AMEND SECTION 12-37-250, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, AS AMENDED, RELATING TO THE ANNUAL HOMESTEAD EXEMPTION FOR TAXPAYERS SIXTY-FIVE AND OVER OR THOSE WHO ARE TOTALLY AND PERMANENTLY DISABLED OR LEGALLY BLIND, SO AS TO PROVIDE THAT THE DOLLAR AMOUNT OF THE HOMESTEAD EXEMPTION MUST BE ADJUSTED ANNUALLY BEGINNING IN 2000 BY THE COMPTROLLER GENERAL TO REFLECT ANY PERCENTAGE INCREASE IN THE PRIOR YEAR'S CONSUMER PRICE INDEX FOR THE SOUTHEAST REGION AS PUBLISHED BY THE UNITED STATES DEPARTMENT OF LABOR, AND TO AMEND SECTION 12-37-285, RELATING TO THE AUTHORITY OF A MUNICIPALITY TO ALLOW AN ADDITIONAL UNREIMBURSED HOMESTEAD EXEMPTION FROM MUNICIPAL TAXES FOR PROPERTY RECEIVING THE STATEWIDE HOMESTEAD EXEMPTION ALLOWED ON THE DWELLINGS OF PERSONS WHO HAVE ATTAINED AGE SIXTY-FIVE OR WHO ARE PERMANENTLY AND TOTALLY DISABLED, SO AS TO EXTEND THIS AUTHORITY TO ALL POLITICAL SUBDIVISIONS OF THE STATE, INCLUDING SCHOOL DISTRICTS.
Referred to Committee on Ways and Means
H. 4944 (Word version) -- Reps. Loftis, Cooper, Davenport, Hinson, Leach, Littlejohn and Young-Brickell: A JOINT RESOLUTION TO
H. 4945 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO PARENTING FAMILY LITERACY, DESIGNATED AS REGULATION DOCUMENT NUMBER 2482, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without Reference
H. 4946 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO ASSISTING, DEVELOPING, AND EVALUATING PROFESSIONAL TEACHING (ADEPT), DESIGNATED AS REGULATION DOCUMENT NUMBER 2483, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without Reference
H. 4947 (Word version) -- Rep. W. McLeod: A BILL TO AMEND SECTION 12-37-250, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE HOMESTEAD PROPERTY TAX EXEMPTION FOR PERSONS OVER AGE SIXTY-FIVE OR DISABLED PERSONS, SO AS TO INCREASE THE AMOUNT OF
H. 4948 (Word version) -- Reps. McGee and Simrill: A BILL TO PROVIDE THAT, ON THE EFFECTIVE DATE OF THIS ACT, THE CONFEDERATE BATTLE FLAG MUST BE REMOVED FROM ATOP THE STATE HOUSE, PLACED IN A SUITABLE LOCATION ON THE STATE HOUSE GROUNDS AS DETERMINED BY THE DIVISION OF GENERAL SERVICES, BUDGET AND CONTROL BOARD, AND APPROVED BY CONCURRENT RESOLUTION OF THE GENERAL ASSEMBLY; AND TO AMEND CHAPTER 1, TITLE 10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC BUILDINGS AND PROPERTY, BY ADDING SECTION 10-1-165 SO AS TO PROVIDE THAT ONLY THE UNITED STATES FLAG AND THE SOUTH CAROLINA STATE FLAG SHALL FLY ATOP THE STATE HOUSE.
Referred to Committee on Judiciary
H. 4949 (Word version) -- Reps. McGee and Simrill: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO THE CONSTITUTION OF SOUTH CAROLINA, 1895, BY ADDING SECTION 16 TO ARTICLE XVII SO AS TO PROVIDE THAT NO MONUMENT, MARKER, PAINTING, SCULPTURE, MEMORIAL, BUILDING, STREET, HIGHWAY, BRIDGE, OR PARK LOCATED ON PUBLIC PROPERTY OF THE STATE OR ITS POLITICAL SUBDIVISIONS WHICH IS NAMED IN HONOR OF AN INDIVIDUAL OR AS A MEMORIAL TO A HISTORIC EVENT MAY BE REMOVED OR RENAMED WITHOUT TWO-THIRDS VOTE OF EACH BRANCH OF THE GENERAL ASSEMBLY IF A STATE PROPERTY, OR TWO-THIRDS VOTE OF THE GOVERNING BODY OF THE POLITICAL SUBDIVISION IF A LOCAL PROPERTY, AS APPROPRIATE.
Referred to Committee on Judiciary
H. 4950 (Word version) -- Ways and Means Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF
H. 4951 (Word version) -- Reps. Jennings, Askins and Battle: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-1-245 SO AS TO PROVIDE FOR THE AMOUNT OF AN APPEAL BOND THAT MUST BE POSTED BY A DEFENDANT APPEALING A PLAINTIFF'S VERDICT ARISING FROM TOBACCO LITIGATION WHERE PUNITIVE DAMAGES WERE AWARDED.
Referred to Committee on Judiciary
H. 4952 (Word version) -- Reps. Limehouse, Altman, Campsen and Whatley: A BILL TO AMEND SECTIONS 24-21-645 AND 24-21-650, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, BOTH RELATING TO A PAROLE ORDER, SO AS TO PROVIDE THAT UPON A NEGATIVE DETERMINATION OF PAROLE, A PERSON CONFINED FOR COMMITTING A VIOLENT CRIME MUST HAVE HIS CASE REVIEWED EVERY FOUR YEARS INSTEAD OF TWO YEARS FOR THE PURPOSE OF A DETERMINATION OF PAROLE.
Referred to Committee on Judiciary
H. 4953 (Word version) -- Reps. Lourie, Allen, Allison, Bailey, Breeland, J. Brown, Clyburn, Davenport, Edge, Emory, Gamble, Gourdine, Govan, Hayes, Hosey, Inabinett, Jennings, Kirsh, Lee, Lloyd, Mack, Maddox, Martin, McGee, McKay, McMahand, Miller, Moody-Lawrence, J. M. Neal, Scott, Simrill, J. Smith, Stuart, Webb and Wilder: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-37-40 SO AS TO ENACT THE "UNIVERSAL NEWBORN HEARING SCREENING AND INTERVENTION ACT" INCLUDING PROVISIONS TO REQUIRE NEWBORN HEARING SCREENING AND PROVIDING EDUCATIONAL INFORMATION ON THE IMPORTANCE OF THESE SCREENINGS; TO ESTABLISH EVALUATION AND
H. 4954 (Word version) -- Reps. Quinn, Allison, Barfield, Barrett, Breeland, T. Brown, Cato, Clyburn, Cooper, Dantzler, Davenport, Gamble, Gourdine, Harrell, J. Hines, Kelley, Kirsh, Knotts, Koon, Leach, Lee, Littlejohn, Loftis, McCraw, McGee, McKay, M. McLeod, Moody-Lawrence, J. M. Neal, Neilson, Phillips, Rhoad, Riser, Robinson, Rodgers, Simrill, Stille, Taylor, Whatley and Wilder: A JOINT RESOLUTION TO ESTABLISH A SENIOR PRESCRIPTION DRUG PROGRAM OVERSIGHT COMMITTEE TO STUDY THE FEASIBILITY OF A PHARMACEUTICAL BENEFIT PROGRAM FOR A SEGMENT OF OUR STATE'S SENIOR CITIZENS, PROVIDE FOR THE MEMBERSHIP OF THE COMMITTEE, AND PROVIDE TO WHOM THE COMMITTEE'S RECOMMENDATIONS MUST BE MADE BY OCTOBER 1, 2000.
Referred to Committee on Ways and Means
H. 4955 (Word version) -- Reps. Jennings and Cato: A BILL TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 87 SO AS TO PROVIDE FOR THE ISSUANCE OF NASCAR SPECIAL LICENSE PLATES.
Referred to Committee on Education and Public Works
H. 4956 (Word version) -- Reps. Limehouse, Allen, Davenport and Maddox: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-3895 SO AS TO PROHIBIT A
S. 1323 (Word version) -- Senators Bauer and Wilson: A JOINT RESOLUTION TO AUTHORIZE THE STATE BUDGET AND CONTROL BOARD EFFECTIVE JULY 1, 2000, TO TRANSFER OWNERSHIP OF A SURPLUS NATIONAL GUARD ARMORY IN WHITMIRE, SOUTH CAROLINA, TO THE TOWN OF WHITMIRE.
On motion of Rep. WILDER, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.
The Senate sent to the House the following:
S. 1311 (Word version) -- Senator Martin: A CONCURRENT RESOLUTION TO RECOGNIZE APRIL AS CHILD ABUSE PREVENTION MONTH.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
Rep. KEEGAN moved that the House do now adjourn, which was agreed to.
The Senate returned to the House with concurrence the following:
H. 4920 (Word version) -- Rep. Battle: A CONCURRENT RESOLUTION CONGRATULATING THE HONORABLE D. LESLIE TINDAL, COMMISSIONER FOR THE SOUTH CAROLINA DEPARTMENT OF AGRICULTURE, ON BEING CHOSEN TO RECEIVE THE 2000 FOOD INDUSTRY ASSOCIATION OF SOUTH CAROLINA (FIA OF SC) LIFETIME ACHIEVEMENT AWARD.
At 11:35 a.m. the House, in accordance with the motion of Rep. LIMEHOUSE, adjourned in memory of Vincent Al McPherson of Charleston, to meet at 10:00 a.m. tomorrow.
This web page was last updated on Friday, June 26, 2009 at 9:20 A.M.