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 the words of St. James, Chapter 1, (v. 12):
"Blessed is the man who perseveres under trial, because when he has stood the test, he will receive the crown of life that God has promised to those who love him." (NIV)
Let us pray.
Good Lord, You know us through and through. In this holy moment we seek our orientation before we come to our calendared duties.
We know that we are all on trial in the sense that "trial" means "test."
As representatives of our people, give us the realization that, in the midst of it all, there is honor and privilege and the opportunity for measureless good and substantial accomplishment!
Sublimate our motives and purposes, O Lord. We believe that they may be synonymous.
Give us Your mercy and grace today.
Amen.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
The following appointments were transmitted by the Honorable James H. Hodges:
Reappointment, Barnwell County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003:
James H. Witherspoon, Jr., Post Office Box 1205, Barnwell, S.C. 29812
Reappointment, Clarendon County Magistrate, with term to commence April 30, 1998, and to expire April 30, 2002:
John B. Bassard, Post Office Box 1324, Manning, S.C. 29102
Reappointment, Clarendon County Magistrate, with term to commence April 30, 1998, and to expire April 30, 2002:
Joseph Postell, Route 5, Box 636-A, Manning, S.C. 29102
Reappointment, Fairfield County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003:
Thomas A. Jackson, Route 1, Box 1064, Great Falls, S.C. 29055
Reappointment, Fairfield County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003:
William F. Pope, Route 1, Box 195-R, Winnsboro, S.C. 29180
Reappointment, Georgetown County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003:
Issac L. Pyatt, 162 Julian Court, Georgetown, S.C. 29440
Reappointment, Georgetown County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003:
William Barry McCall, Post Office Box 1830, Pawleys Island, S.C. 29585
Reappointment, Georgetown County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003:
Mary Alice Williams, 5686 Old Pee Dee Road, Hemingway, S.C. 29554
Reappointment, Georgetown County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003:
Hughey Walker, 3637 Choppee Road, Georgetown, S.C. 29440
Reappointment, Georgetown County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003:
Benjamin F. Dunn, Post Office Box 44, Andrews, S.C. 29510
Reappointment, Georgetown County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003:
William Paul Moeller, Post Office Box 859, Murrells Inlet, S.C. 29576
Reappointment, Spartanburg County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003:
Johnny Lee Cash, 421 Green Valley Drive, Chesnee, S.C. 29323
Reappointment, Spartanburg County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003:
Barry Joe Barnett, 115 Beechwood Dr., Spartanburg, S.C. 29307-2232
Reappointment, Spartanburg County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003:
Robert B. Hall, 151 Oakwood Dr., Woodruff, S.C. 29388
Reappointment, Spartanburg County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003:
Edward H. Overcash, 166 Gordon Drive, Spartanburg, S.C. 29301
Reappointment, Spartanburg County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003:
David C. Snow, 2548 Highway 101 South, Greer, S.C. 29651
Reappointment, Spartanburg County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003:
James B. Paslay, 803 Lucerne Drive, Spartanburg, S.C. 29302
Reappointment, Spartanburg County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003:
Larry Madison Hutchins, 767 California Ave., Spartanburg, S.C. 29303
Reappointment, Spartanburg County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003:
Kenneth H. Dover, Post Office Box 642, Inman, S.C. 29349
Reappointment, Spartanburg County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003:
Donnie B. Blackley, 236 St. Matthews Lane, Spartanburg, S.C. 29301
Reappointment, Spartanburg County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003:
Eber Charles Gowan, Jr., Post Office Box 37, Reidville, S.C. 29375
Reappointment, Spartanburg County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003:
Vicki Rae M. Smith, 1074 Cross Anchor Road, Woodruff, S.C. 29388
Reappointment, Spartanburg County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003:
Jimmy B. Henson, Post Office Box 416, Pacolet Mills, S.C. 29373
Reappointment, Spartanburg County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003:
Carolyn B. Waddell, 155 Brewton Road, Moore, S.C. 29369
Reappointment, Spartanburg County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003:
James Freeman Ashmore, 302 Five Oaks Drive, Landrum, S.C. 29356
On motion of Senator WASHINGTON, at 11:00 A.M., Senator JACKSON was granted a leave of absence for today.
At 11:25 A.M., Senator COURSON requested a leave of absence from 12:00 - 3:00 P.M.
At 1:00 P.M., Senator LEATHERMAN requested a leave of absence for the balance of the day.
At 2:30 P.M., Senator RYBERG requested a leave of absence from 4:45 P. M. - 12:00 A.M.
At 2:30 P.M., Senator FAIR requested a leave of absence beginning at 3:00 P.M.
H. 3705 (Word version) -- Reps. Breeland, Bailey, G. Brown, J. Brown, T. Brown, Chellis, Clyburn, Dantzler, Gourdine, Govan, Harrison, Hayes, J. Hines, M. Hines, Hinson, Inabinett, Jennings, Law, Lloyd, McGee, Miller, Moody-Lawrence, Neilson, F. Smith, R. Smith, Whipper and Young-Brickell: A BILL TO AMEND SECTION 25-11-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COUNTY VETERANS AFFAIRS OFFICERS, SO AS TO PROVIDE A DEFINITION OF "VETERAN", REQUIRE THE APPOINTMENT OF A VETERAN TO THE POST OF COUNTY VETERANS AFFAIRS OFFICER, PROVIDE EXCEPTIONS, CHANGE PROVISIONS REGARDING THE TERM OF OFFICE, AND PROVIDE FOR A TRAINING COURSE, ACCREDITATION, AND REFRESHER TRAINING.
Senator WILSON asked unanimous consent to make a motion to recall the Bill from the General Committee.
There was no objection.
The Bill was recalled and ordered placed on the Calendar.
H. 3963 (Word version) -- Rep. Quinn: A BILL TO AMEND SECTION 12-43-217, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SCHEDULE OF COUNTYWIDE REASSESSMENT AND EQUALIZATION PROGRAM, SO AS TO PROVIDE FOR A DELAY IN THE IMPLEMENTATION OF THE REVISED VALUES RESULTING FROM SUCH A PROGRAM IN JURISDICTIONS WHICH CROSS COUNTY LINES EXCEPT WHERE ALL COUNTIES IN WHICH THE JURISDICTIONS LOCATED SIMULTANEOUSLY IMPLEMENT SUCH A PROGRAM.
Senator COURSON asked unanimous consent to make a motion to recall the Bill from the Committee on Finance.
There was no objection.
The Bill was recalled and ordered placed on the Calendar.
H. 3904 (Word version) -- Rep. Lanford: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 153 SO AS TO PROVIDE FOR THE INVESTMENT OF
Senator COURSON asked unanimous consent to make a motion to recall the Bill from the Committee on Finance.
There was no objection.
Senator COURSON asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
The Senate proceeded to a consideration of the Bill. The question being the second reading of the Bill.
Senator COURSON asked unanimous consent to give the Bill a second reading with notice of general amendments.
There was no objection.
The following were introduced:
S. 827 (Word version) -- Senator Grooms: A CONCURRENT RESOLUTION EXPRESSING THE SINCERE APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY TO JOHN B. RHODES FOR HIS YEARS OF SERVICE TO HIGHER EDUCATION AND BUSINESS GROWTH.
The Concurrent Resolution was adopted, ordered sent to the House.
S. 828 (Word version) -- Senator Russell: A CONCURRENT RESOLUTION TO CONGRATULATE THE UNIVERSITY OF SOUTH CAROLINA SPARTANBURG RIFLES MEN'S SOCCER TEAM FOR ITS OUTSTANDING 1998 SEASON AND RECORD OF ACCOMPLISHMENTS.
The Concurrent Resolution was adopted, ordered sent to the House.
S. 829 (Word version) -- Senator Setzler: A CONCURRENT RESOLUTION CONGRATULATING JACKIE MOORE McNEILL OF LEXINGTON COUNTY ON BEING NAMED "MS. SOUTH CAROLINA SENIOR".
The Concurrent Resolution was adopted, ordered sent to the House.
S. 830 (Word version) -- Senators Glover, Cork and Short: A CONCURRENT RESOLUTION TO COMMEND NANCY RUTH MACE OF GOOSE CREEK FOR HER LEADERSHIP, EXEMPLARY CONDUCT, AND OUTSTANDING ACHIEVEMENTS WHILE A CADET AT THE CITADEL, THE MILITARY COLLEGE OF SOUTH CAROLINA;
The Concurrent Resolution was adopted, ordered sent to the House.
S. 831 (Word version) -- Senators Wilson, Bryan, Giese and Glover: A CONCURRENT RESOLUTION TO FIX WEDNESDAY, JUNE 2, 1999, IMMEDIATELY FOLLOWING THE ELECTION OF JUDGES AS THE TIME TO ELECT A MEMBER OF THE BOARD OF TRUSTEES OF FRANCIS MARION UNIVERSITY REPRESENTING THE THIRD CONGRESSIONAL DISTRICT, SEAT SIX.
The Concurrent Resolution was introduced and referred to the Committee on Invitations.
S. 832 (Word version) -- Senators Short, Setzler and Saleeby: A BILL TO AMEND SECTION 59-26-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUTIES OF THE STATE BOARD OF EDUCATION AND COMMISSION ON HIGHER EDUCATION, SO AS TO ADD THE DUTY OF DEVELOPING A STAFFORD LOAN REPAYMENT PROGRAM FOR CERTIFIED TEACHERS EMPLOYED IN THE STATE IN AREAS OF CRITICAL NEED, TO PROVIDE THAT THE DEFINITION OF CRITICAL NEED AREA INCLUDES ACADEMIC AND GEOGRAPHIC CRITICAL NEED AREAS AS DEFINED BY THE STATE BOARD OF EDUCATION, TO PROVIDE THE MAXIMUM AMOUNT OF AND A SCHEDULE FOR THE LOAN REPAYMENT, AND TO PROVIDE FOR REPORTS ON A SCHEDULED BASIS TO BE MADE BY THE EDUCATION OVERSIGHT COMMITTEE TO THE GENERAL ASSEMBLY OF ITS REVIEW OF THE PROGRAM.
Read the first time and referred to the Committee on Education.
S. 833 (Word version) -- Senator Reese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-1-465 SO AS TO REQUIRE NO FEWER THAN TEN INSPECTIONS OF CERTAIN SCHOOL FACILITIES BY CERTIFIED DRUG-SNIFFING DOGS AND SIMULTANEOUS RANDOM INSPECTIONS FOR EXPLOSIVES AND WEAPONS, TO PROVIDE FOR THE DISPOSITION OF CONTRABAND DISCOVERED DURING THESE INSPECTIONS, AND TO PROVIDE PROCEDURES AND REQUIREMENTS APPLICABLE FOR THESE INSPECTIONS.
Read the first time and referred to the Committee on Education.
S. 834 (Word version) -- Senator Reese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-65 SO AS TO PROVIDE THAT A PERSON MAY USE FORCE IN DEFENSE OF HIMSELF OR OTHER PERSONS UNDER CERTAIN CIRCUMSTANCES, AND TO PROVIDE THAT A DEFENDANT MAY PROVIDE CERTAIN EVIDENCE DURING CERTAIN PROSECUTIONS OF HIS BELIEF THAT FORCE WAS NECESSARY TO DEFEND HIMSELF.
Read the first time and referred to the Committee on Judiciary.
S. 835 (Word version) -- Senator McConnell: A BILL TO AMEND SECTION 1-3-240 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REMOVAL OF OFFICERS BY THE GOVERNOR, SO AS TO DELETE THE PROVISION AUTHORIZING THE GOVERNOR TO REMOVE, AT HIS DISCRETION, CERTAIN OFFICERS APPOINTED BY THE GOVERNOR TO A STATE OFFICE AND TO DELETE THE PROVISION AUTHORIZING THE GOVERNOR TO REMOVE CERTAIN OFFICERS APPOINTED BY THE GOVERNOR FOR CERTAIN STATED CAUSES ONLY; AND TO AMEND SECTION 1-3-250, RELATING TO THE APPEAL BY AN OFFICER REMOVED BY THE GOVERNOR, SO AS TO DELETE THE EXEMPTION FROM THE APPEAL RIGHT PROVIDED TO OFFICERS REMOVED FROM OFFICE BY THE GOVERNOR AT HIS DISCRETION.
Read the first time and referred to the Committee on Judiciary.
S. 836 (Word version) -- Senators Wilson and Giese: A BILL TO AMEND TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HEALTH, BY ADDING CHAPTER 128 SO AS TO MAKE IT UNLAWFUL TO SELL OVER-THE-COUNTER WEIGHT LOSS PILLS OR DISTRIBUTE SAMPLES OF SUCH PILLS TO AN INDIVIDUAL UNDER THE AGE OF TWENTY-ONE YEARS AND TO PROVIDE PENALTIES FOR VIOLATIONS.
Read the first time and referred to the Committee on Medical Affairs.
S. 837 (Word version) -- Senator Reese: A BILL TO AMEND SECTION 56-3-4310, AS AMENDED, AND SECTION 56-3-4320, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIAL LICENSE PLATES FOR RETIRED MEMBERS OF THE UNITED STATES ARMED FORCES, SO AS TO PROVIDE THAT A PERSON WHO PROVIDES THE DEPARTMENT OF PUBLIC SAFETY EVIDENCE THAT HE IS A RETIRED MEMBER OF THE ARMY, NAVY, AIR FORCE, MARINES, OR COAST GUARD MAY BE ISSUED A SPECIAL LICENSE PLATE UNDER THESE PROVISIONS, AND TO PROVIDE THAT THE SPECIAL LICENSE PLATE MUST CONTAIN WORDS TO DESIGNATE THE BRANCH OF THE MILITARY FROM WHICH THE PERSON RETIRED.
Read the first time and referred to the Committee on Transportation.
S. 838 (Word version) -- Senator Reese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-19-490 SO AS TO PROVIDE THAT CERTAIN DAMAGED MOTOR VEHICLES MUST HAVE "SALVAGED VEHICLE" RECORDED ON THEIR CERTIFICATES OF TITLE.
Read the first time and referred to the Committee on Transportation.
S. 839 (Word version) -- Senators Elliott and Glover: A BILL TO PROVIDE FOR PAYMENT FOR THE ATTENDANCE OF MEETINGS BY THE DILLON COUNTY TRANSPORTATION COMMITTEE.
Read the first time and ordered placed on the local and uncontested Calendar.
On motion of Senator ELLIOTT, S. 839 was ordered to receive a second and third reading on the next two consecutive legislative days.
S. 840 (Word version) -- Senators Elliott and Ravenel: A BILL TO PROVIDE FOR PAYMENT FOR THE ATTENDANCE OF MEETINGS BY THE HORRY COUNTY TRANSPORTATION COMMITTEE.
Read the first time and ordered placed on the local and uncontested Calendar.
On motion of Senator ELLIOTT, S. 840 was ordered to receive a second and third reading on the next two consecutive legislative days.
H. 4104 (Word version) -- Reps. McGee, Askins, M. Hines and J. Hines: A CONCURRENT RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA UPON LEARNING OF THE DEATH OF THE HONORABLE PETER DeWITT HYMAN, SR., A FORMER MEMBER OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES FROM FLORENCE COUNTY, AND TO EXTEND THEIR DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4105 (Word version) -- Reps. Jennings and Harris: A CONCURRENT RESOLUTION EXPRESSING THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO HANNAH GROOMS OF MARLBORO COUNTY UPON BEING CROWNED MISS SOUTH CAROLINA TEEN USA 1999, AND WISHING HER CONTINUED SUCCESS IN PURSUING HER FUTURE ENDEAVORS.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4111 (Word version) -- Reps. Davenport and Riser: A CONCURRENT RESOLUTION TO OFFER THE CONGRATULATIONS AND BEST WISHES OF THE MEMBERS OF THE GENERAL ASSEMBLY TO AN OUTSTANDING CITIZEN OF SPARTANBURG, E. LEA SALTER, THE PRESIDENT OF CHRISTMAN & PARSONS, INC., GENERAL CONTRACTORS, ON THE OCCASION OF HIS RETIREMENT.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4117 (Word version) -- Reps. J. Brown, Allen, Allison, Altman, Askins, Bailey, Bales, Barfield, Barrett, Battle, Beck, Bowers, Breeland, G. Brown, H. Brown, T. Brown, Campsen, Canty, Carnell, Cato, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Gamble, Gilham, Gourdine, Govan, Hamilton, Harrell, Harris, Harrison, Harvin, Haskins, Hawkins, Hayes, J. Hines, M. Hines, Hinson, Howard, Inabinett, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Maddox, Martin, Mason, McCraw, McGee, McKay, M. McLeod, W. McLeod, McMahand, Meacham, Miller, Moody-Lawrence, Neal, J.M. Neal, Neilson, Ott, Parks, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Rutherford, Sandifer, Scott, Seithel, Sharpe, Sheheen, Simrill, D. Smith, F. Smith, J. Smith, R. Smith, Stille, Stuart, Taylor, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum and Young-Brickell: A CONCURRENT RESOLUTION CONGRATULATING THE BROTHERHOOD OF GRAND LODGES OF THE STATE OF SOUTH CAROLINA FOR ORGANIZING THE FIRST JOINT ST. JOHN'S DAY PROGRAM.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4119 (Word version) -- Reps. Wilkins, Haskins, H. Brown, J. Brown, Cato, Harrison, Sharpe, D. Smith and Townsend: A CONCURRENT RESOLUTION TO PROVIDE THAT PURSUANT TO ARTICLE III, SECTION 21 OF THE CONSTITUTION OF THIS STATE, AND SECTION 2-1-180 OF THE 1976 CODE, WHEN THE RESPECTIVE HOUSES OF THE GENERAL ASSEMBLY ADJOURN ON THURSDAY, JUNE 3, 1999, NOT LATER THAN 5:00 P.M., EACH HOUSE SHALL STAND ADJOURNED TO MEET AT 11:00 A.M. ON TUESDAY, JUNE 15, 1999, IN STATEWIDE SESSION, AND TO CONTINUE IN STATEWIDE SESSION IF NECESSARY UNTIL THURSDAY, JUNE 17, 1999, NOT LATER THAN 5:00 P.M., FOR THE CONSIDERATION OF SPECIFIED MATTERS; AND TO PROVIDE THAT WHEN EACH HOUSE ADJOURNS ON THURSDAY, JUNE 17, 1999, NOT LATER THAN 5:00 P.M., THE GENERAL ASSEMBLY SHALL STAND ADJOURNED SINE DIE.
The Concurrent Resolution was introduced and referred to the Chairmen's Committee.
H. 4121 (Word version)-- Reps. J. Hines, Neilson and Lucas: A CONCURRENT RESOLUTION CONGRATULATING MR. AND MRS. ITALY ALBERT GREENE OF DARLINGTON COUNTY ON THE JOYOUS OCCASION OF THEIR FIFTIETH WEDDING ANNIVERSARY, WISHING THEM MANY MORE YEARS OF HAPPINESS TOGETHER, AND RECOGNIZING AND SALUTING THEM FOR THEIR MANY CONTRIBUTIONS TO THE COMMUNITY.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4123 (Word version)-- Reps. McGee, Askins, J. Hines, M. Hines and McKay: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA UPON LEARNING OF THE DEATH OF MR. MIKE A. BOATWRIGHT OF FLORENCE COUNTY AND EXTENDING THE DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4130 (Word version) -- Reps. Lee, Allison, Cobb-Hunter, Gamble, Gilham, Hinson, Martin, Meacham, Miller, Moody-Lawrence, Neilson, Parks, Rodgers, Seithel, Stuart and Young-Brickell : A CONCURRENT RESOLUTION TO COMMEND NANCY RUTH MACE OF GOOSE CREEK FOR HER LEADERSHIP, EXEMPLARY CONDUCT, AND OUTSTANDING ACHIEVEMENTS WHILE A CADET AT THE CITADEL, THE MILITARY COLLEGE OF SOUTH CAROLINA; TO CONGRATULATE NANCY RUTH MACE ON BECOMING THE FIRST FEMALE CADET TO GRADUATE FROM THE CITADEL AND FOR GRADUATING MAGNA CUM LAUDE; TO RECOGNIZE NANCY RUTH MACE AS THE CADET WHO SET THE STANDARD TO BE EMULATED BY ALL OTHER FEMALES WHO BECOME MEMBERS OF THE SOUTH CAROLINA CORPS OF CADETS; AND TO FURTHER RECOGNIZE NANCY RUTH MACE AS THE PROTOTYPE OF THE CITADEL WOMAN, AND A GENUINE SOURCE OF PRIDE TO HER ALMA MATER, TO SOUTH CAROLINA, AND TO WOMEN EVERYWHERE, AS SHE TAKES HER PLACE IN THE CITADEL'S DISTINGUISHED LONG GRAY LINE AS THE FIRST FEMALE CADET TO GRADUATE FROM THIS WORLD RENOWNED MILITARY COLLEGE.
The Concurrent Resolution was adopted, ordered returned to the House.
Senator WILSON from the Committee on Judiciary submitted a favorable with amendment report on:
S. 293 (Word version) -- Senator Hayes: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 2A TO TITLE 36 SO AS TO MAKE GENERAL PROVISIONS TO THE UNIFORM COMMERCIAL CODE REGARDING LEASES AND TO PROVIDE FOR THE FORMATION, CONSTRUCTION, EFFECT, PERFORMANCE, AND DEFAULT OF A LEASE CONTRACT; AND TO AMEND SECTIONS 36-1-105, AS AMENDED, 36-1-201(37), AS AMENDED, AND 36-9-113, RELATING TO OTHER PROVISIONS OF THE UNIFORM COMMERCIAL CODE, SO AS TO REVISE THESE PROVISIONS TO CONFORM THEM TO THE ABOVE PROVISIONS OF CHAPTER 2A.
Ordered for consideration tomorrow.
Senator HOLLAND from the Committee on Judiciary submitted a favorable report on:
S. 810 (Word version) -- Senator Washington: A BILL TO AMEND SECTION 7-7-330, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN JASPER COUNTY, SO AS TO DELETE SPECIFIC DELINEATIONS OF THE BOUNDARIES OF THESE VOTING PRECINCTS AND DESIGNATE A MAP NUMBER ON WHICH LINES OF THESE PRECINCTS ARE DELINEATED AND MAINTAINED BY THE DIVISION OF RESEARCH AND STATISTICAL SERVICES OF THE STATE BUDGET AND CONTROL BOARD, TO REDESIGNATE AN ADDITIONAL PRECINCT AS RIDGELAND 3, AND PROVIDE THAT POLLING PLACES FOR THESE PRECINCTS MUST BE DETERMINED BY THE BOARD OF ELECTIONS AND VOTER REGISTRATION OF JASPER COUNTY WITH THE APPROVAL OF A MAJORITY OF THE JASPER COUNTY LEGISLATIVE DELEGATION.
Ordered for consideration tomorrow.
Senator HOLLAND from the Committee on Judiciary submitted a majority favorable and Senator McCONNELL a minority unfavorable report on:
H. 3764 (Word version) -- Reps. Sheheen, Harrison, Altman and Delleney: A BILL TO AMEND SECTION 14-1-215, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A RETIRED JUDGE OR JUSTICE BEING ASSIGNED BY THE CHIEF JUSTICE OF THE SUPREME COURT TO PRESIDE OVER CERTAIN CASES, SO AS TO PROVIDE THAT AN ACTIVE RETIRED JUDGE FROM THE CIRCUIT COURT HAS THE SAME POWERS AT CHAMBERS AS A JUDGE OF THE CIRCUIT COURT.
Ordered for consideration tomorrow.
Senator J. VERNE SMITH from the Committee on Labor, Commerce and Industry submitted a favorable with amendment report on:
H. 3798 (Word version) -- Reps. Bailey, Barfield, Allen, Allison, Altman, Askins, Bales, Battle, Beck, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Campsen, Canty, Carnell, Cato, Clyburn, Cobb-Hunter, Cotty, Dantzler, Davenport, Delleney, Edge, Emory, Gamble, Gourdine, Gilham, Hamilton, Harris, Harrell, Harrison, Harvin, Haskins, Hawkins, Hayes, J. Hines, Hinson, Howard, Inabinett, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Maddox, Martin, Mason, McCraw, McGee, M. McLeod, W. McLeod, McMahand, Meacham, Miller, Moody-Lawrence, Neal, Neilson, Ott, Parks, Phillips, Pinckney, Rhoad, Rice, Riser, Robinson, Rodgers, Rutherford, Sandifer, Scott, Sharpe, Sheheen, Simrill, J. Smith, F. Smith, R. Smith, Stille, Taylor, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkins, Witherspoon, Woodrum and Young-Brickell: A BILL TO AMEND SECTION 40-11-260, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FINANCIAL STATEMENT REQUIREMENTS FOR GENERAL AND MECHANICAL CONTRACTORS' LICENSURE, SO AS TO PROVIDE THAT ON RENEWAL A GENERAL CONTRACTOR BIDDING AND PERFORMING ON JOBS NOT EXCEEDING A SPECIFIED AMOUNT MAY SUBMIT AN OWNER-PREPARED FINANCIAL STATEMENT WITH AN AFFIDAVIT OF ACCURACY INDICATING A CERTAIN REQUIRED NET WORTH, RATHER THAN REQUIRING A CERTIFIED PUBLIC ACCOUNTANT TO PREPARE THE FINANCIAL STATEMENT.
Ordered for consideration tomorrow.
Senator HOLLAND from the Committee on Judiciary submitted a favorable with amendment report on:
H. 3834 (Word version) -- Rep. Robinson: A BILL TO AMEND SECTION 2-7-76, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FISCAL IMPACT STATEMENTS FOR PROPOSED LEGISLATION AFFECTING COUNTIES OR MUNICIPALITIES, SO AS TO REQUIRE THE ACQUISITION OF A FISCAL IMPACT STATEMENT FROM THE "BOARD OF ECONOMIC ADVISORS" INSTEAD OF FROM THE "DEPARTMENT OF REVENUE" AND TO MAKE TECHNICAL CORRECTIONS; TO AMEND SECTION 12-6-40, AS AMENDED, RELATING TO APPLICATION OF THE INTERNAL REVENUE CODE TO STATE TAX LAWS, SO AS TO ADOPT APPLICATION OF THE INTERNAL REVENUE CODE AS AMENDED THROUGH TAXABLE YEAR 1998; TO AMEND SECTION 12-6-1120, AS AMENDED, RELATING TO COMPUTATION OF GROSS INCOME FOR STATE TAX PURPOSES, SO AS TO MAKE TECHNICAL CHANGES; TO AMEND SECTION 12-6-3410, RELATING TO INCOME TAX CREDIT FOR CORPORATE HEADQUARTERS, SO AS TO PROVIDE FOR DETERMINING THE PER CAPITA INCOME FOR PURPOSES OF CALCULATING ADDITIONAL TAX CREDIT FOR CREATION OF NEW HEADQUARTERS JOBS BY USING THE MOST RECENT PER CAPITA INCOME DATA AVAILABLE AT THE END OF THE TAXABLE YEAR THE JOBS ARE FILLED; TO AMEND SECTION 12-6-3465, RELATING TO RECYCLING FACILITY TAX CREDITS, SO AS TO UPDATE CODE CROSS REFERENCES; TO AMEND SECTION 12-16-20, RELATING TO DEFINITIONS FOR PURPOSES OF THE ESTATE TAX, SO AS TO DEFINE THE INTERNAL REVENUE CODE AS AMENDED THROUGH 1998; TO AMEND SECTION 12-20-20, RELATING TO FILING OF A CORPORATE ANNUAL REPORT, SO AS TO UPDATE A CROSS REFERENCE; TO AMEND SECTION 12-36-510, AS AMENDED, RELATING TO RETAIL LICENSE REQUIREMENTS, SO AS TO DELETE THE REQUIREMENT THAT A FESTIVAL BE LISTED AS A SPECIAL EVENT WITH THE DEPARTMENT OF PARKS, RECREATION, AND TOURISM; TO AMEND SECTION 12-37-251, AS AMENDED, RELATING TO THE HOMESTEAD EXEMPTION, SO AS TO PROVIDE THAT THE BOARD OF ECONOMIC ADVISORS, INSTEAD OF THE DEPARTMENT OF REVENUE, ESTIMATE THE TOTAL SCHOOL TAX REVENUE LOSS FROM THE EXEMPTION; AND TO
Ordered for consideration tomorrow.
Senator HOLLAND from the Committee on Judiciary submitted a favorable report on:
H. 3970 (Word version) -- Reps. Scott, Bales, J. Brown, Cotty, Harrison, Howard, Lourie, Neal, Quinn, Rutherford and J. Smith: A BILL TO AMEND SECTION 7-7-465, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN RICHLAND COUNTY, SO AS TO ESTABLISH NEW PRECINCTS AND RENAME CERTAIN EXISTING PRECINCTS.
Ordered for consideration tomorrow.
Senator SETZLER from the Committee on Education submitted a favorable with amendment report on:
H. 4000 (Word version) -- Reps. Hamilton, Wilkins, Townsend, Altman, Bales, Battle, Barrett, Beck, G. Brown, H. Brown, Canty, Carnell, Clyburn, Cooper, Cotty, Dantzler, Davenport, Easterday, Emory, Gilham, Gourdine, Harrell, Hayes, J. Hines, M. Hines, Hinson, Jennings, Keegan, Kelley, Kirsh, Klauber, Law, Leach, Lee, Limehouse, Littlejohn, Maddox, Martin, Mason, McCraw, McGee, Miller, Parks, Phillips, Rodgers, Sandifer, D. Smith, J. Smith, R. Smith, Stille, Stuart, Taylor, Vaughn, Young-Brickell and Simrill: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING CHAPTER 75 SO AS TO ENACT THE "SOUTH CAROLINA EDUCATION FLEXIBILITY PARTNERSHIP ACT OF 1999" WHICH AUTHORIZES THE STATE DEPARTMENT OF EDUCATION TO GRANT WAIVERS TO SCHOOLS AND SCHOOL DISTRICTS FROM SPECIFIED STATE STATUTORY AND REGULATORY EDUCATIONAL REQUIREMENTS UNDER CERTAIN CONDITIONS.
Ordered for consideration tomorrow.
S. 247 (Word version) -- Senators Leatherman, McGill and Elliott: A BILL TO AMEND SECTION 7-7-260, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN FLORENCE COUNTY, SO AS TO REDESIGNATE THESE PRECINCTS AND DESIGNATE A MAP NUMBER ON WHICH THE LINES OF THESE PRECINCTS ARE DELINEATED AND TO REPEAL SECTION 7-7-265, RELATING TO THE DESIGNATION OF VOTING PLACES IN FLORENCE COUNTY.
The House returned the Bill with amendments.
On motion of Senator LEATHERMAN, the Senate concurred in the House amendments and a message was sent to the House accordingly. Ordered that the title be changed to that of an Act and the Act enrolled for Ratification.
H. 3002 (Word version) -- Reps. Wilkins, Hawkins, Altman, J. Brown, Loftis, Leach, Kelley, Harvin, Walker, D. Smith, Campsen, Stille, Davenport, Rice, Barrett, Cotty, Lanford, Wilder, Sharpe, Delleney, Littlejohn, Tripp, Witherspoon, Harris, Carnell, Kirsh, Vaughn, Webb, McKay, Riser, Sandifer, Cato, Simrill, Allison, Harrison, Barfield, McGee, Meacham, Hamilton, Koon, Fleming, Martin, Mason, Gilham, Emory, McCraw, Edge, Robinson and W. McLeod: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-19-170, ENACTING THE GAMBLING CRUISE PROHIBITION ACT, SO AS TO PROHIBIT GAMBLING ON A CRAFT THAT EMBARKS AND DISEMBARKS FROM ANY POINT IN THIS STATE AND TO MAKE THIS PROHIBITION APPLY WHETHER OR NOT THE GAMBLING ACTIVITIES ARE CONDUCTED WITHIN THE WATERS OF THIS STATE, AND TO PROVIDE A PENALTY.
The House returned the Bill with amendments.
Senator LAND moved to nonconcur in the House amendments.
Senator PASSAILAIGUE spoke on the motion.
Senator MARTIN argued contra to the motion.
Senator PATTERSON argued in favor of the motion.
The question then was nonconcurrence in the House amendments.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Bauer Branton Cork Courtney Drummond Elliott Ford Glover Holland Hutto Land Leventis Matthews McConnell McGill Mescher Moore O'Dell Passailaigue Patterson Peeler Rankin Ravenel Reese Saleeby Setzler Short Washington
Anderson Bryan Fair Giese Gregory Grooms Hayes Leatherman Martin Russell Ryberg Smith, J. Verne Thomas Waldrep Wilson
The Senate nonconcurred in the House amendments and a message was sent to the House accordingly.
S. 789 (Word version) -- Senator Courtney: A CONCURRENT RESOLUTION TO FIX WEDNESDAY, MAY 26, 1999, AT 12:00 NOON, AS THE TIME FOR ELECTING A SUCCESSOR MEMBER TO THE SOUTH CAROLINA CONSUMER AFFAIRS COMMISSION FOR SEAT 3, SO AS TO FILL THE TERM WHICH BEGINS JULY 1, 1999.
Returned with concurrence.
Received as information.
S. 812 (Word version) -- Senators Leventis and Land: A CONCURRENT RESOLUTION TO COMMEND ROWLAND P. ALSTON, JR., OF SUMTER FOR MANY YEARS OF DEDICATED AND DISTINGUISHED SERVICE TO AGRICULTURE IN SOUTH CAROLINA AND TO CONGRATULATE HIM ON THE OCCASION OF HIS BEING NAMED THE PROGRESSIVE FARMER MAGAZINE'S MAN OF THE YEAR IN SERVICE TO SOUTH CAROLINA AGRICULTURE FOR 1999.
Returned with concurrence.
Received as information.
S. 813 (Word version) -- Senator Matthews: A CONCURRENT RESOLUTION TO COMMEND AND THANK MR. WILLIE B. OWENS FOR HIS DEDICATED SERVICE UPON HIS RETIREMENT AS A MEMBER OF THE ORANGEBURG-CALHOUN TECHNICAL COLLEGE BOARD OF COMMISSION.
Returned with concurrence.
Received as information.
S. 817 (Word version) -- Senator Ryberg: A CONCURRENT RESOLUTION RECOGNIZING AND COMMENDING MRS. KATHLEEN "KAY" FELDER BODENHEIMER OF AIKEN COUNTY FOR HER TWENTY-SIX YEARS OF OUTSTANDING TEACHING AND DEDICATION TO EXCELLENCE IN EDUCATION, AND EXTENDING TO HER BEST WISHES FOR HAPPINESS FOLLOWING HER RETIREMENT.
Returned with concurrence.
Received as information.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
H. 3951 (Word version) -- Reps. Harris, Jennings, Carnell, H. Brown and Law: A BILL TO AMEND SECTION 61-4-580, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROHIBITED ACTS IN AN ESTABLISHMENT LICENSED TO
The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Anderson Bauer Branton Bryan Cork Courson Courtney Drummond Elliott Fair Ford Giese Glover Gregory * Grooms Hayes Holland Hutto Jackson * Land Leatherman Leventis Martin Matthews McConnell McGill Mescher Moore O'Dell Passailaigue Patterson Peeler Rankin Ravenel Reese Russell Ryberg Saleeby Setzler Short Smith, J. Verne Thomas Waldrep Washington Wilson
*These Senators were not present in the Chamber at the time the vote was taken and the votes were recorded by leave of the Senate, with unanimous consent.
There being no further amendments, the Bill was read the third time, passed and ordered enrolled for ratification.
The following Bills were read the third time and having received three readings in both Houses, it was ordered that the titles be changed to that of Acts and enrolled for Ratification:
H. 3715 (Word version) -- Rep. Bailey: A BILL TO AMEND SECTION 6-8-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ISSUANCE OF CERTIFICATES OF REGISTRATION FOR BUILDING CODE ENFORCEMENT OFFICERS, SO AS TO PROVIDE THAT THESE CERTIFICATES ARE VALID FOR THE PERIOD STIPULATED BY REGULATION RATHER THAN FOR ONE YEAR; TO AMEND SECTIONS 6-9-50 AND 6-9-60, BOTH AS AMENDED, BOTH RELATING TO MANDATORY ADOPTION OF CERTAIN NATIONALLY KNOWN CODES AND STANDARDS, SO AS TO REVISE WHICH CODES AND STANDARDS MUST BE ADOPTED AND TO DELETE A PROVISION RELATING TO CERTAIN CODES TAKING PRECEDENCE OVER OTHER CODES; AND TO AMEND SECTION 38-7-35, RELATING TO FUNDING OF TRAINING AND EDUCATION PROGRAMS FOR BUILDING CODE ENFORCEMENT OFFICERS, SO AS TO REQUIRE THE DEPARTMENT OF LABOR, LICENSING AND REGULATION TO REPORT ON THE USE OF SUCH FUNDS EVERY JULY FIFTEENTH RATHER THAN JANUARY FIFTEENTH.
H. 3716 (Word version) -- Rep. Bailey: A BILL TO AMEND SECTION 23-43-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROMULGATION OF REGULATIONS BY THE SOUTH CAROLINA BUILDING CODES COUNCIL, SO AS TO REVISE A REFERENCE TO CERTAIN BUILDING CODES AND STANDARDS THAT MUST BE INCORPORATED INTO THE REGULATIONS; TO AMEND SECTION 23-43-60, AS AMENDED, RELATING TO ESTABLISHMENTS AND AUTHORITY OF THE MODULAR BUILDINGS BOARD OF APPEALS, SO AS TO ELIMINATE THIS BOARD AND TRANSFER ITS AUTHORITY TO THE SOUTH CAROLINA BUILDING CODES COUNCIL; TO AMEND SECTION 23-43-110, AS AMENDED, RELATING TO THE SUSPENSION AND REVOCATION OF MODULAR
The following House Bills were read the third time and ordered returned to the House with amendments:
H. 3301 (Word version) -- Reps. Beck, Mason, Hamilton and Easterday: A BILL TO AMEND SECTION 20-7-1800, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPEALS OF ADOPTION PROCEEDINGS, SO AS TO PROVIDE THAT APPEALS MAY BE TAKEN FROM FINAL ORDERS OF ADOPTION IN THE SAME MANNER AS OTHER FAMILY COURT MATTERS, THAT AFTER A FINAL ORDER IS ENTERED, NO PARTY, OR PERSON CLAIMING UNDER A PARTY, MAY QUESTION THE VALIDITY OF THE ADOPTION BECAUSE OF A DEFECT; TO PROVIDE THAT ONLY A PARTY TO AN ADOPTION MAY ATTACK THE ADOPTION DIRECTLY OR COLLATERALLY; TO PROVIDE THAT A PARENT WHOSE CONSENT WAS OBTAINED BY FRAUD OR DURESS MAY, WITHIN SIX MONTHS OF THE FINAL ORDER OR OF DISCOVERING THE FRAUD OR DURESS, MOVE TO HAVE THE ORDER SET ASIDE; AND TO PROVIDE
H. 3174 (Word version) -- Rep. Simrill: A BILL TO AMEND SECTION 45-1-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A PERSON WHO DEFRAUDS A HOTEL, MOTEL, INN, BOARDING HOUSE, ROOMING HOUSE, CAFE, OR RESTAURANT OWNER AND THE PENALTIES, SO AS TO ADD CAMPGROUND TO THE LISTED LODGING ACCOMMODATIONS AND TO PROVIDE A DEFINITION OF 'CAMPGROUND'.
H. 3717 (Word version) -- Rep. Battle: A BILL TO AMEND TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 82 SO AS TO PROVIDE FOR THE LICENSURE AND REGULATION OF LIQUID PETROLEUM GAS DEALERS, TRANSPORTERS, AND EQUIPMENT INSTALLERS, TO RE-ESTABLISH THE LIQUID PETROLEUM GAS BOARD AND INCREASE ITS MEMBERSHIP FROM FIVE TO SEVEN; TO PROVIDE FOR THE POWERS AND DUTIES OF THE BOARD; TO CONFORM THE STATUTORY ORGANIZATIONAL FRAMEWORK ESTABLISHED FOR PROFESSIONAL AND OCCUPATIONAL BOARDS UNDER THE ADMINISTRATION OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION; AND TO REPEAL CHAPTER 43 OF TITLE 39 RELATING TO THE LICENSURE AND REGULATION OF LIQUID PETROLEUM GAS ACTIVITIES.
H. 3835 (Word version) -- Rep. Robinson: A BILL TO AMEND ARTICLE 1, CHAPTER 54, TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COLLECTION AND ENFORCEMENT OF TAXES LEVIED BY THE DEPARTMENT OF REVENUE, BY ADDING SECTIONS 12-54-43 SO AS TO PROVIDE FOR CIVIL PENALTIES AND 12-54-44 SO AS TO PROVIDE FOR CRIMINAL PENALTIES; TO AMEND SECTIONS 4-12-30, AS AMENDED, AND 4-29-67, AS AMENDED, BOTH RELATING TO A PROJECT PAYING A FEE IN LIEU OF PROPERTY TAXES, SO AS TO DEFINE "REPLACEMENT
The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
Senator LAND explained the Bill.
Senator LAND proposed the following Amendment No. 2 (3835R004.JCL), which was adopted:
Amend the bill, as and if amended, by adding appropriately numbered SECTIONS to read:
/ SECTION ___ Title 12 of the 1976 Code is amended by adding:
Tax Increment Financing for Counties
Section 12-46-10. This chapter may be cited as the 'Tax Increment Financing Act for Counties'.
Section 12-46-20. (A) The General Assembly finds that:
(1) Section 14(10) of Article X of the Constitution of South Carolina provides that the General Assembly may authorize by general
(2) An increasing demand for public services must be provided from a limited tax base. Incentives must be provided for redevelopment in areas which are, or threaten to become, predominantly slum or blighted.
(3) There exist in many counties of this State blighted, conservation, and sprawl areas; the sprawl and conservation areas are rapidly deteriorating and declining and may soon become blighted areas if their decline is not checked; the stable economic and physical development of the blighted areas, conservation areas, and sprawl areas are endangered by the presence of blighting factors as manifested by progressive and advanced deterioration of structures, by the overuse of housing and other facilities, by a lack of physical maintenance of existing structures, by obsolete and inadequate community facilities, and a lack of sound community planning, by obsolete platting, diversity of ownership, excessive tax, and special assessment delinquencies, or by a combination of these factors; that as a result of the existence of blighted areas, areas requiring conservation, and sprawl areas, there is an excessive and disproportionate expenditure of public funds, inadequate public and private investment, unmarketability of property, growth in delinquencies and crime, and housing and zoning law violations in such areas together with an abnormal exodus of families and businesses so that the decline of these areas impairs the value of private investments and threatens the sound growth and the tax base of taxing districts in such areas, and threatens the health, safety, morals, and welfare of the public.
(4) In order to promote and protect the health, safety, morals, and welfare of the public, blighted conditions need to be eradicated and conservation measures instituted, sprawl areas controlled, and redevelopment of such areas undertaken; to remove and alleviate adverse conditions it is necessary to encourage private investment and restore and enhance the tax base of the taxing districts in such areas by the redevelopment of project areas. The eradication of blighted areas and treatment and improvement of sprawl areas and conservation areas by redevelopment projects is declared to be essential to the public interest.
(5) The use of incremental tax revenues derived from the tax rates of various taxing districts in redevelopment project areas for the
(B) The General Assembly intends to implement the authorization granted in Article X, Section 14 of the Constitution of this State. The authorization in this chapter provides for this State an essential method for financing redevelopment. The governing bodies of the counties are vested with all powers consistent with the Constitution necessary, useful, and desirable to enable them to accomplish redevelopment in areas which are or threaten to become blighted and to sufficiently meet all constitutional requirements pertaining to incurring indebtedness for the purpose of redevelopment and funding the debt service of such indebtedness from the added increment of tax revenues to result from such redevelopment as provided in Section 14(10) of Article X of the Constitution of this State. The indebtedness incurred pursuant to Section 14(10) of Article X of the Constitution is exempt from all debt limitations imposed by Article X. The powers granted in this chapter must be in all respects exercised for the benefit of the inhabitants of the State, for the increase of its commerce, and for the promotion of its welfare and prosperity.
(C) All action taken by any county in carrying out the purposes of this chapter shall perform essential governmental functions.
(D) Pursuant to the authorization granted in Article VIII, Section 13 of the Constitution of this State, if a redevelopment project area is located in more than one county, the powers granted herein may be exercised jointly.
Section 12-46-30. Unless the context clearly indicates otherwise:
(1) 'Blighted area' means any improved or vacant area within the boundaries of a redevelopment project area located within the territorial limits of a county where:
(a) if improved, industrial, commercial, and residential buildings or improvements, because of a combination of five or more of the following factors: age; dilapidation; obsolescence; deterioration; illegal use of individual structures; presence of structures below minimum code standards; excessive vacancies; overcrowding of structures and community facilities; lack of ventilation, light, or sanitary facilities;
(b) if vacant, the sound growth is impaired by:
(i) a combination of two or more of the following factors: obsolete platting of the vacant land; diversity of ownership of such land; tax and special assessment delinquencies on such land; deterioration of structures or site improvements in neighboring areas adjacent to the vacant land; or
(ii) the area immediately prior to becoming vacant qualified as a blighted area. Any area within a redevelopment plan established by Chapter 10 of Title 31 is deemed to be a blighted area.
(2) 'Conservation area' means any vacant or improved area within the boundaries of a redevelopment project area located within the territorial limits of a county that is not yet a blighted area but, because of a combination of three or more of the following factors: dilapidation; obsolescence; deterioration; illegal use of structures; presence of structures below minimum code standards; abandonment; excessive vacancies; overcrowding of structures and community facilities; lack of ventilation, light, or sanitary facilities; inadequate utilities; excessive land coverage; depreciation of physical maintenance; or lack of community planning, is detrimental to the public safety, health, morals, or welfare and may become a blighted area.
(3) 'Sprawl area' means a vacant or improved area within the boundaries of a redevelopment project area located within the territorial limits of the unincorporated area of a county that is not yet a blighted area nor a conservation area but, because of the existence of one or more of the following conditions, has the potential to become blighted or in need of conservation:
(a) The sprawl area is an unincorporated urban zone, UUZ, which is an area within the unincorporated portion of the county issuing the finding and has a population density equal to or greater than the average population density of the incorporated municipalities within the territorial limits of the county issuing the finding.
(b) The sprawl area is a linear service zone, LSZ, which is an area within the unincorporated portion of the county issuing the finding which is or is likely to become an area no more than two miles wide at its widest point and no less than three miles in length and which, due to development within the zone, represents an impediment to vehicular
( i) economic health and well-being of the county;
( ii) health or safety of the persons living, working, or traveling through the zone; or
(iii) efficient provision of governmental services both within and without the zone.
(c) The sprawl area is a rural redevelopment zone, RRZ, which is an area within the unincorporated portion of the county issuing the finding which consists primarily of vacant land which, if provided with certain environmental, energy, transportation, or communications infrastructure, could be developed as a planned community consisting of a minimum of one thousand contiguous acres of land, inclusive of flooded land.
(4) 'Municipality' means an incorporated municipality of this State.
(5) 'Obligations' means bonds, notes, or other evidence of indebtedness issued by the county to carry out a redevelopment project or to refund outstanding obligations.
(6) 'Redevelopment plan' means the comprehensive program of the county for redevelopment intended by the payment of redevelopment costs to reduce or eliminate those conditions which qualified the redevelopment project area as a blighted area, conservation area, or sprawl area, or combination of two or three of them, and to enhance the tax bases of the taxing districts which extend into the project redevelopment area. Each redevelopment plan shall set forth in writing the program to be undertaken to accomplish the objectives and shall include, but not be limited to, estimated redevelopment project costs, the anticipated sources of funds to pay costs, the nature and term of any obligations to be issued, the most recent equalized assessed valuation of the project area, an estimate as to the equalized assessed valuation after redevelopment, and the general land uses to apply in the redevelopment project area. A redevelopment plan established by Chapter 10 of Title 31 is deemed a redevelopment plan for purposes of this item.
(7) 'Redevelopment project' means any buildings, improvements, including street improvements, water, sewer and storm drainage facilities, parking facilities, and recreational facilities. Any project or undertaking authorized under Section 6-21-50 may also qualify as a redevelopment project under this chapter. All such projects are to be publicly owned.
(8) 'Redevelopment project area' means an area designated by the county, which is not less in the aggregate than one and one-half acres
(9) 'Redevelopment project costs' means and includes the sum total of all reasonable or necessary costs incurred or estimated to be incurred and any costs incidental to a redevelopment project. The costs include, without limitation:
(a) costs of studies and surveys, plans, and specifications; professional service costs including, but not limited to, architectural, engineering, legal, marketing, financial, planning, or special services;
(b) property assembly costs including, but not limited to, acquisition of land and other property, real or personal, or rights or interest therein, demolition of buildings, and the clearing and grading of land;
(c) costs of rehabilitation, reconstruction, repair, or remodeling of a redevelopment project;
(d) costs of the construction of a redevelopment project;
(e) financing costs including, but not limited to, all necessary and incidental expenses related to the issuance of obligations and which may include payment of interest on any obligations issued under the provisions of this chapter accruing during the estimated period of construction of any redevelopment project for which the obligations are issued and including reasonable reserves related thereto;
(f) relocation costs to the extent that a county determines that relocation costs must be paid or required by federal or state law.
(10) 'Taxing districts' means counties, incorporated municipalities, schools, special purpose districts, and public and any other municipal corporations or districts with the power to levy taxes. Taxing districts include school districts which have taxes levied on their behalf.
(11) 'Vacant land' means any parcel or combination of parcels of real property without industrial, commercial, and residential buildings.
(12) 'County' means any county in the State.
Section 12-46-40. Obligations secured by the special tax allocation fund set forth in Section 12-46-70 for the redevelopment project area may be issued to provide for redevelopment project costs. The obligations, when so issued, must be retired in the manner provided in the ordinance authorizing the issuance of the obligations by the receipts of taxes levied as specified in Section 12-46-110 against the taxable
A certified copy of the ordinance authorizing the issuance of the obligations must be filed with the treasurer of each county in which any portion of a redevelopment project is situated and shall constitute the authority for the extension and collection of the taxes to be deposited in the special tax allocation fund.
A county also may issue its obligations to refund in whole or in part obligations previously issued by the county under the authority of this chapter, whether at or prior to maturity, and all references in this chapter to 'obligations' are considered to include these refunding obligations. The debt incurred by a county pursuant to this chapter is exclusive of any statutory limitation upon the indebtedness a taxing district may incur. All obligations issued pursuant to this chapter shall contain a statement on the face of the obligation specifying the sources from which payment is to be made and shall state that the full faith, credit, and taxing powers are not pledged for the obligations.
The trustee or depositary under any indenture may be such persons or corporations as the governing body designates, or they may be nonresidents of South Carolina or incorporated under the laws of the United States or the laws of other states of the United States.
Section 12-46-50. The proceeds from obligations issued under authority of this chapter must be applied only for the purpose for which they were issued. Any premium and accrued interest received in any such sale must be applied to the payment of the principal of or the interest on the obligations sold. Any portion of the proceeds not needed for redevelopment project costs must be applied to the payment of the principal of or the interest on the obligations.
Section 12-46-60. The obligations authorized by this chapter and the income from the obligations and all security agreements and indentures executed as security for the obligations made pursuant to the provisions of this chapter and the revenue derived from the obligations are exempt from all taxation in the State of South Carolina except for inheritance, estate, or transfer taxes and all security agreements and indentures made pursuant to the provisions of this chapter are exempt from all state stamp and transfer taxes.
Section 12-46-70. A county, within five years after the date of adoption of an ordinance providing for approval of a redevelopment plan pursuant to Section 12-46-80, may issue obligations under this chapter to finance the redevelopment project upon adoption of an ordinance providing that:
(1) after the issuance of the obligations; and
(2) after the total equalized assessed valuation of the taxable real property in a redevelopment project area exceeds the certified 'total initial equalized assessed value' established in accordance with Section 12-46-100(B) of all taxable real property in the project area, the ad valorem taxes, if any, arising from the levies upon taxable real property in the project area by taxing districts and tax rates determined in the manner provided in Section 12-46-100(B) each year after the obligations have been issued until obligations issued under this chapter have been retired and redevelopment project costs have been paid must be divided as follows:
(a) that portion of taxes levied upon each taxable lot, block, tract, or parcel of real property which is attributable to the total initial equalized assessed value of all taxable real property in the redevelopment project area must be allocated to and when collected must be paid by the county treasurer to the respective affected taxing districts in the manner required by law in the absence of the adoption of the redevelopment plan; and
(b) that portion, if any, of taxes which is attributable to the increase in the current total equalized assessed valuation of all taxable real property in the redevelopment project area over and above the total initial equalized assessed value of taxable real property in the redevelopment project area must be allocated to and when collected must be paid to the county which shall deposit the taxes into a special fund called the special tax allocation fund of the county for the purpose of paying redevelopment project costs and obligations incurred in the payment of the costs and obligations. The county may pledge in the ordinance the funds in and to be deposited in the special tax allocation fund for the payment of the costs and obligations.
Any ordinance adopted based on acts of the county occurring before the effective date of this chapter must incorporate by reference and adopt those prior acts undertaken in accordance with the procedures of this chapter as if they had been undertaken pursuant to this chapter.
When obligations issued under this chapter have been retired and redevelopment project costs incurred under this chapter have been paid or budgeted pursuant to the redevelopment plan, as evidenced by resolution of the governing body of the county, all surplus funds then remaining in the special tax allocation fund must be paid by the county treasurer immediately to the taxing districts in the redevelopment project area in the same manner and proportion as the most recent distribution by the treasurer to the affected districts of real property taxes from real property in the redevelopment project area.
Upon the payment of all redevelopment project costs, retirement of all obligations of a county issued under this chapter, and the distribution of any surplus monies pursuant to this section, the county shall adopt an ordinance dissolving the tax allocation fund for the project redevelopment area and terminating the designation of the redevelopment project area as a redevelopment project area for purposes of this chapter. Thereafter, the rates of the taxing districts must be extended and taxes levied, collected, and distributed in the manner applicable in the absence of the adoption of a redevelopment plan and the issuance of obligations under this chapter.
If five years have passed from the time a redevelopment project area is designated and the county has not issued obligations under this chapter to finance the redevelopment project, upon the expiration of the five-year term, the county shall adopt an ordinance terminating the designation of the redevelopment project area.
Section 12-46-75. If a municipality annexes a tract of property located in a redevelopment project area, the value of each parcel of real property therein for purposes of the ad valorem taxes of the municipality shall be that which is attributable to its initial equalized assessed value before the redevelopment project and not to the increase in its equalized assessed value due to the redevelopment project.
Section 12-46-80. (A) Prior to the issuance of any obligations under this chapter, the county shall set forth by way of ordinance the following:
(1) a copy of the redevelopment plan containing a statement of the objectives of a county with regard to the plan;
(2) a statement indicating the need for and proposed use of the proceeds of the obligations in relationship to the redevelopment plan;
(3) a statement containing the cost estimates of the redevelopment plan and redevelopment project and the projected sources of revenue to be used to meet the costs including estimates of tax increments and the total amount of indebtedness to be incurred;
(4) a list of all real property in the redevelopment project area;
(5) the duration of the redevelopment plan;
(6) a statement of the estimated impact of the redevelopment plan upon the revenues of all taxing districts in which a redevelopment project area is located and, if residential development is included in the plan, the estimated impact on public school enrollment;
(7) findings that:
(a) the redevelopment project area is a blighted, conservation, or sprawl area and that private initiatives are unlikely to alleviate these conditions without substantial public assistance,
(b) property values in the area would remain static or decline without public intervention, and
(c) redevelopment is in the interest of the health, safety, and general welfare of the citizens of the county.
(B) Before approving any redevelopment plan under this chapter, the governing body of the county must hold a public hearing on the redevelopment plan after published notice in a newspaper of general circulation in the county in which the county and any taxing district affected by the redevelopment plan is located not less than fifteen days and not more than thirty days prior to the hearing. The notice shall include:
(1) the time and place of the public hearing;
(2) the boundaries of the proposed redevelopment project area;
(3) a notification that all interested persons will be given an opportunity to be heard at the public hearing;
(4) a description of the redevelopment plan and redevelopment project; and
(5) the maximum estimated term of obligations to be issued under the redevelopment plan.
Not less than forty-five days prior to the date set for the public hearing, the county shall give notice to all taxing districts of which taxable property is included in the redevelopment project area, and in addition to the other requirements of the notice set forth in the section, the notice shall request each taxing district to submit comments to the county concerning the subject matter of the hearing prior to the date of the public hearing.
(C) If a taxing district does not file an objection to the redevelopment plan at or prior to the date of the public hearing, the taxing district is considered to have consented to the redevelopment plan and the issuance of obligations under this chapter to finance the redevelopment project, provided that the actual term of obligations issued is equal to or less than the term stated in the notice of public hearing. The county may issue obligations to finance the redevelopment project to the extent that each affected taxing district consents to the redevelopment plan. The tax increment for a taxing district that does not consent to a redevelopment plan as defined in this chapter must not be included in the special tax allocation fund established pursuant to this chapter.
(D) If the redevelopment plan includes residential development, then to the extent that the findings pursuant to subsection (A)(6) demonstrate increased public school enrollment because of this development, then an amount of the increment equal to the average property tax collected per pupil in the district multiplied by the estimated increased enrollment is not credited to the special tax allocation fund but is instead allocated to the affected school district as other school tax revenue.
(E) Prior to the adoption of an ordinance approving a redevelopment plan pursuant to Section 12-46-80, changes may be made in the redevelopment plan which do not alter the exterior boundaries or do not substantially affect the general land use established in the plan or substantially change the nature of the redevelopment project, without further hearing or notice, provided that notice of the changes is given by mail to each affected taxing district and by publication in a newspaper or newspapers of general circulation within the taxing districts not less than ten days prior to the adoption of the changes by ordinance. Notice of the adoption of the ordinance must be published by the county in a newspaper having general circulation in the affected taxing districts. Any interested party may, within twenty days after the date of publication of the notice of adoption of the redevelopment plan, but not afterward, challenge the validity of such adoption by action de novo in the court of common pleas in the county in which the redevelopment plan is located.
(F) After adoption of an ordinance approving a redevelopment plan, any alteration in the exterior boundaries, general land uses established pursuant to the redevelopment plan, maximum term of maturity of obligations to be issued under the plan, or the redevelopment project must be approved by resolution of each affected taxing district in accordance with the procedures provided in this chapter for the initial approval of a redevelopment project and designation of a redevelopment project area.
Section 12-46-90. When there are any persons residing in the area covered by the redevelopment plan:
(1) the redevelopment plan shall include:
(a) an assessment of the displacement impact of the redevelopment project and provisions for the relocation of all persons who would be displaced by the project, provided that no residents may be displaced by a redevelopment project unless housing is made available to them pursuant to the terms of this section;
(b) provisions for the creation of housing opportunities to the extent feasible to enable a substantial number of the displaced persons to relocate within or in close proximity to the area covered by the redevelopment plan.
(2) Prior to authorizing the demolition of any residential units in connection with a tax increment financing plan, the governing body of the county must ensure that the redevelopment plan complies with the requirements of this section and further that standard housing is made available to all persons to be displaced.
(3) Persons displaced by a redevelopment plan are entitled to the benefits and protections available under Section 28-11-10. The costs of the relocation are proper expenditures for the proceeds of any obligations issued under this chapter.
Section 12-46-100. (A) If a county by ordinance approves a redevelopment plan pursuant to Section 12-46-80, the auditor of the county, immediately after adoption of the ordinance pursuant to Section 12-46-80, upon request of the county, must determine and certify:
(1) the most recently ascertained equalized assessed value of all taxable real property within the redevelopment project area, as of the date of adoption of the ordinance adopted pursuant to Section 12-46-80, which value is the 'initial equalized assessed value' of the property; and
(2) the total equalized assessed value of all taxable real property within the redevelopment project area and certifying the amount as the 'total initial equalized assessed value' of the taxable real property within the redevelopment project area.
(B) After the county auditor has certified the total initial equalized assessed value of the taxable real property in the area, then in respect to every taxing district containing a redevelopment project area, the county auditor or any other official required by law to ascertain the amount of the equalized assessed value of all taxable property within the district for the purpose of computing the rate percent of tax to be extended upon taxable property within such district, shall in every year that obligations are outstanding for redevelopment projects in the redevelopment area ascertain the amount of value of taxable property in a project redevelopment area by including in the amount the certified total initial equalized assessed value of all taxable real property in the area in lieu of the equalized assessed value of all taxable real property in the area. The rate percent of tax determined must be extended to the current equalized assessed value of all property in the redevelopment project area in the same manner as the rate percent of tax is extended to all other taxable property in the taxing district. The method of
Section 12-46-110. Revenues received by the county from any property, building, or facility owned by the county or any agency or authority established by the county in the redevelopment project area may be used to pay redevelopment project costs or reduce outstanding obligations of the county incurred under this chapter for redevelopment project costs. If the obligations are used to finance the extension or expansion of a system as defined in Section 6-21-40 in the redevelopment project area, all or a portion of the revenues of the system, whether or not located entirely within the redevelopment project area, including the revenues of the redevelopment project, may be pledged to secure the obligations issued under this chapter. The county is fully empowered to use any of the powers granted by either or both of the provisions of Chapter 17 of Title 6 (The Revenue Bond Refinancing Act of 1937) or the provisions of Chapter 21 of Title 6 (Revenue Bond Act for Utilities). In exercising the powers conferred by the provisions, the county may make any pledges and covenants authorized by any provision of those chapters. The county may place the revenues in the special tax allocation fund or a separate fund which must be held by the county or financial institution designated by the county. Revenue received by the county from the sale or other disposition of real property acquired by the county with the proceeds of obligations issued under the provisions of this chapter must be deposited by the county in the special tax allocation fund or a separate fund which must be held by the county or financial institution designated by the county. Proceeds of grants may be pledged by the county and deposited in the special tax allocation fund or a separate fund.
Section 12-46-120. Counties and municipalities may jointly adopt redevelopment plans and authorize obligations as provided under the provisions of this chapter and Chapter 6 of Title 31."
SECTION ____. Section 4-35-150 of the 1976 Code, as added by Act 99 of 1993, is amended to read:
"Section 4-35-150. The improvements as defined in Section 4-35-30 are the sole and unrestricted property of the county must be owned by the county, the State, or another public entity for the benefit of the citizens and residents of the improvement district or the entity owning the improvement, and may at any time may be removed, altered, changed, or added to, as the governing body of the owner may
/
Renumber sections to conform.
Amend title to conform.
Senator LAND explained the amendment.
The amendment was adopted.
Senators PASSAILAIGUE and McCONNELL proposed the following Amendment No. 4 (RUL3835.001), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION ____. A. Chapter 37, Title 12 of the 1976 Code is amended by adding:
"Section 12-37-223. As authorized by Section 3, Article X of the South Carolina Constitution, the General Assembly hereby authorizes the governing body of a county by ordinance to exempt an amount of fair market value of real property located in the county sufficient to limit to fifteen percent any valuation increase attributable to the implementation in the county of a countywide appraisal and equalization program. An exemption allowed by this section does not apply to:
(1) real property valued for property tax purposes by the unit valuation method;
(2) value attributable to permanent improvements not included in the value of the property in the most recently implemented countywide appraisal and equalization program;
(3) property transferred after the implementation of the most recent countywide equalization program, except property transfers between spouses or transfers that are not subject to income tax as defined by the Internal Revenue Code and incorporated by reference or otherwise enacted by the General Assembly.
Assessed value exempted from ad valorem taxation by an ordinance enacted pursuant to this section is nevertheless considered taxable
The ordinance allowed by this section may be given retroactive effect, but no refund of property tax shall result from the retroactive effect of the ordinance."
B. Section 12-43-217 of the 1976 Code, as last amended by Act 431 of 1996, is further amended to read:
"Section 12-43-217. (A) Notwithstanding any other provision of law, once every fifth year each county or the State shall appraise and equalize those properties under its jurisdiction. Property valuation must be complete at the end of December of the fourth year and the county or State shall notify every taxpayer of any change in value or classification if the change is one thousand dollars or more. In the fifth year, the county or State shall implement the program and assess all property on the newly appraised values.
A county by ordinance may postpone for not more than one property tax year the implementation of revised values resulting from the equalization program provided pursuant to subsection (A). The postponement ordinance applies to all revised values, including values for state-appraised property. The postponement allowed pursuant to this subsection does not affect the schedule of the appraisal and equalization program required pursuant to subsection (A) of this section."
C. The Department of Revenue shall expend such funds as necessary from those appropriated to publish such information as necessary to educate citizens and local officials on the implementation of this section." /
Renumber sections to conform.
Amend title to conform.
Senator PASSAILAIGUE explained the amendment.
The amendment was adopted.
Senators RANKIN, McCONNELL and BRYAN proposed the following Amendment No. 3 (3835R003.LAR), which was adopted:
Amend the bill, as and if amended, page 17, beginning on line 42, by striking SECTION 25 in its entirety and inserting therein the following:
/ SECTION ___. Chapter 37, Title 5 of the 1976 Code is amended to read:
Section 5-37-10. This chapter may be referred to as 'the 'Municipal Improvement Act of 1973 1999,'', and any municipal corporation of this State is hereby authorized to exercise the powers and provisions hereof.
Section 5-37-20. As used in this chapter, the following terms shall have the following meanings:
(1) `Assessment' means a charge against the real property of an owner within an improvement district created pursuant to this chapter which is based either on assessed value, front footage, area, per parcel basis, the value of improvements to be constructed within the district, or any combination of them, as the basis is determined by the governing body of the municipality. In the event the governing body of a municipality determines that another basis for assessment is appropriate or a more equitable allocation of costs among property owners is appropriate, it may substitute such method for any of the foregoing. An assessment imposed upon real property under this chapter remains valid and enforceable in accordance with the provisions of this chapter even if there is a later subdivision and transfer of the property or a part of it. An improvement plan may provide for a change in the basis of assessment upon the subdivision and transfer of real property or upon such other event as the governing body of a municipality considers appropriate.
(2) `Improvements' include open or covered malls, parkways, parks and playgrounds, recreation facilities, athletic facilities, pedestrian facilities, parking facilities, parking garages, and underground parking facilities, and facade redevelopment, the widening and dredging of existing channels, canals, and waterways used specifically for recreational or other purposes, the relocation, construction, widening, and paving of streets, roads, and bridges, including demolition of them, underground utilities, all activities authorized by Chapter 1 of Title 31 (State Housing Law), any building or other facilities for public use, any public works eligible for financing under the provisions of Section 6-21-50, and all things incidental to the improvements, including planning, engineering, administration, managing, promotion, marketing, and acquisition of necessary easements and land, and may include facilities for lease or use by a private person, firm, or corporation. However, improvements as defined in this chapter must comply with all applicable state and federal laws and regulations
(3) `Improvement district' means any area within the municipality designated by the governing body pursuant to the provisions of this chapter and within which an improvement plan is to be accomplished. No special improvement district may include the grounds of the State House in the City of Columbia.
(4) `Improvement plan' means an overall plan by which the governing body proposes to effect improvements within an improvement district to preserve property values, prevent deterioration of urban areas, and preserve the tax base of the municipality, and includes an overall plan by which the governing body proposes to effect improvements within an improvement district in order to encourage and promote private or public development within the improvement district.
(5) `Governing body' shall mean means the municipal council or other governing body in which the general governing powers of the municipality are vested.
(6) `Owner' is defined as any person twenty-one years of age, or older, or the proper legal representative for any person younger than twenty-one years of age, 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 interest) and who owns, at the date of the petition or written consent, 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, and any duly organized group whose total interest is at least equal to a one-tenth interest in a single tract.
It is provided, however, that, if any firm or person has a leasehold interest requiring it or him to pay all municipal taxes, such agreement shall not be applicable to charges of the assessment of the district as
Section 5-37-25. A municipality must obtain the consent of the county governing body and any other municipality where the improvement is located to use revenue collected pursuant to this chapter for improvements located outside the municipal boundaries in which the improvement district is located.
Section 5-37-30. The governing body is authorized, within the corporate limits of the city, to acquire, own, construct, establish, install, enlarge, improve, expand, operate, maintain and repair, and sell, lease, and otherwise dispose of any improvement and to finance such acquisition, construction, establishment, installation, enlargement, improvement, expansion, operation, maintenance, and repair, in whole or in part, by the imposition of assessments in accordance with this chapter, by special district bonds, by general obligation bonds of the municipality, or revenue bonds of the municipality from general revenues from any source not restricted from such use by law, or by any combination of such funding sources. In addition to any other authorization provided herein or by other law, the governing body of a municipality may issue its special district bonds or revenue bonds of the municipality under such terms and conditions as the governing body may determine by ordinance subject to the following: such bonds may be sold at public or private sale for such price as is determined by the governing body; such bonds may be secured by a pledge of and be payable from the assessments authorized herein or any other source of funds not constituting a general tax as may be available and authorized by the governing body; such bonds may be issued pursuant to and secured under the terms of a trust agreement or indenture with a corporate trustee and the ordinance authorizing such bonds or trust agreement or indenture pertaining thereto may contain provisions for the establishment of a reserve fund, and such other funds or accounts as are determined by the governing body to be appropriate to be held by the governing body or the trustee. The proceeds of any bonds may be applied to the payment of the costs of any improvements, including expenses associated with the issuance and sale of the bonds and any costs for planning and designing the improvements or planning or arranging for the financing and any engineering, architectural, surveying, testing, or similar costs or expenses necessary or appropriate for the planning, designing, and construction or implementation of any plan in connection with the improvements.
Section 5-37-40. (A) If the governing body finds that:
(1) improvements would be beneficial within a designated improvement district;
(2) the improvements would preserve or increase property values within the district;
(3) in the absence of the improvements, property values within the area would be likely to depreciate, or that the proposed improvements would be likely to encourage development in the improvement district;
(4) the general welfare and tax base of the city would be maintained or likely improved by creation of an improvement district in the city; and
(5) it would be fair and equitable to finance all or part of the cost of the improvements by an assessment upon the real property within the district, the governing body may establish the area as an improvement district and implement and finance, in whole or in part, an improvement plan in the district in accordance with the provisions of this chapter. However, no residential property shall be included as part of an improvement district unless the owner of the residential property gives the governing body written permission to include his property within the district.
(B) If an improvement district is located in a redevelopment project area created under Title 31, Chapter 6, the improvement district being created under the provisions of this chapter must be considered to satisfy items (1) through (5) of subsection (A). The ordinance creating an improvement district may be adopted by a majority of council after a public hearing at which the plan is presented, including the proposed basis and amount of assessment, or upon written petition signed by a majority in number of the owners of real property within the district which is not exempt from ad valorem taxation as provided by law. However, no residential property shall be included as part of an improvement district unless the owner of the residential property gives the governing body written permission to include his property within the district.
Section 5-37-45. The governing body may include within an improvement district an area within the municipality in which the proposed improvements have been constructed or are under construction at the time of the establishment of the improvement district. Before the commencement of the construction of these improvements, a written agreement with the owner of the area to be improved is entered into by the municipality authorizing the construction of the improvements in anticipation of the inclusion of the
Section 5-37-50. The governing body shall, by resolution duly adopted, describe the improvement district and the improvement plan to be effected therein, including any property within the improvement district to be acquired and improved, the projected time schedule for the accomplishment of the improvement plan, the estimated cost thereof and the amount of such cost to be derived from assessments, bonds, or other general funds, together with the proposed basis and rates of any assessments to be imposed within the improvement district. However, no residential property shall be included as part of an improvement district unless the owner of the residential property gives the governing body written permission to include his property within the district. Such resolution shall also establish the time and place of a public hearing to be held within the municipality not sooner than twenty days nor more than forty days following the adoption of such resolution at which any interested person may attend and be heard either in person or by attorney on any matter in connection therewith.
Section 5-37-60. A resolution providing for an improvement district, when adopted, shall be published once a week for two successive weeks in a newspaper of general circulation within the incorporated municipality and the final publication shall be at least ten days prior to the date of the scheduled public hearing. At the public hearing and at any adjournment thereof, all interested persons may be heard either in person or by attorney.
Section 5-37-70. The governing body may provide by the resolution for the payment of the cost of the improvements and facilities to be constructed within the improvement district by assessments on the property therein as defined in Section 5-37-20, or
Section 5-37-80. The financing of improvements by assessments, bonds, or other revenues, and the proportions thereof, shall be in the discretion of the governing body; and the rates of assessments upon property owners within the improvement district need not be uniform but may vary in proportion to improvements made immediately adjacent to or abutting upon the property of each owner therein, as well as other bases as provided in Section 5-37-20.
Section 5-37-90. The improvements as defined in Section 5-37-20 are to be or become the property of the municipality, State, or other public entity and may at any time be removed, altered, changed, or added to, as the governing body may in its discretion determine; provided, that during the continuance or maintenance of the improvements, the special assessments on property therein may be utilized for the preservation, operation, and maintenance of the improvements and facilities provided in the improvement plan, and for the management and operation of the improvement district as provided in the improvement plan, and for payment of indebtedness incurred therefor.
Section 5-37-100. Not sooner than ten days nor more than one hundred twenty days following the conclusion of the public hearing provided in Section 5-37-50, the governing body may, by ordinance, provide for the creation of the improvement district as originally proposed or with such changes and modifications therein as the governing body may determine, and provide for the financing thereof by assessment, bonds, or other revenues as herein provided. However, no residential property shall be included as part of an improvement district unless the owner of the residential property gives the governing body written permission to include his property within the district. Such ordinance shall not become effective until at least seven days after it has been published in a newspaper of general circulation in the municipality. Such ordinance may incorporate by reference plats and engineering reports and other data on file in the offices of the municipality; provided, that the place of filing and reasonable hours for inspection are made available to all interested persons.
Section 5-37-110. In the event all or any part of improvements and facilities within the district are to be financed by assessments on property therein, the governing body shall prepare an assessment roll in
Section 5-37-120. As soon as practicable after the completion of the assessment roll and prior to the publication of the notice provided in Section 5-37-110, the governing body shall mail by registered or certified mail, return receipt requested, to the owner or owners of each lot or parcel of land against which an assessment is to be levied, at the address appearing on the records of the city or county treasurer, a notice stating the nature of the improvement, the total proposed cost thereof, the amount to be assessed against the particular property and the basis upon which the assessment is made, together with the terms and conditions upon which the assessment may be paid. The notice shall contain a brief description of the particular property involved, together with a statement that the amount assessed shall constitute a lien against the property superior to all other liens except property taxes. The notice shall also state the time and place fixed for the hearing of objections in respect to the assessment. Any property owner who fails to file with the municipal council a written objection to the assessment against his property within the time provided for hearing such objections shall be deemed to have consented to such assessment, and the published and written notices prescribed in this chapter shall so state. If all of the owners of property upon which an assessment is to be levied consent in writing to the imposition of such assessment, the provisions of this section shall be deemed satisfied.
Section 5-37-130. The governing body shall hear the objections as provided herein of all persons who have filed written notice of objection within the time prescribed and who may appear and make proof in relation thereto either in person or by their attorney. The
Section 5-37-140. Upon the confirmation of an assessment, if any, the governing body shall mail a written notice to all persons who have filed written objections as hereinabove provided of the amount of the assessment finally confirmed. Such property owner may appeal such assessment only if he shall, within twenty days after the mailing of the notice to him confirming the assessment, give written notice to the governing body of his intent to appeal his assessment to the court of common pleas of the county in which the property is situate; but no such appeal shall delay or stay the construction of improvements or affect the validity of the assessments confirmed and not appealed. Appeals shall be heard and determined on the record, in the manner of appeals from administrative bodies in this State.
Section 5-37-150. Nothing contained herein shall be construed to limit or restrict the powers of any incorporated municipality, but the authorizations herein contained shall be in addition to any such powers.
Section 5-37-160. Any written petition or consent signed by a property owner prior to July 18, 1974, requesting or consenting to an assessment in an improvement district shall be effective and binding upon said property and property owner and all acts of any municipality taken under any other law shall be effective and binding upon all property owners in an improvement district.
Section 5-37-170. No street in the State highway system shall be included in a mall development without prior written approval of the South Carolina Highway Commission.
Section 5-37-180. No street which is located in front of the county courthouse and adjacent thereto shall be included in the mall development without prior written approval of the governing body having jurisdiction over such public property. Likewise, no street which shall in effect block the entrance to the courthouse square shall
SECTION ____. This act takes effect upon approval by the Governor; and Sections 2, 3, and 5 are effective for property tax years beginning after 1998, Sections 1, 8, 9, 10, 11, 12, 13, 14, and 18 are effective for taxable years after 1998, and Section 16 is effective July 1, 1999. /
Renumber sections to conform.
Amend title to conform.
Senator RANKIN explained the amendment.
The amendment was adopted.
There being no further amendments, the Bill was read the third time, passed and ordered returned to the House of Representatives with amendments.
H. 3035 (Word version) -- Rep. Knotts: A BILL TO AMEND SECTION 14-25-65, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MAXIMUM PENALTIES THAT A MUNICIPAL JUDGE MAY IMPOSE SO AS TO PROVIDE THAT THE JUDGE MAY ORDER RESTITUTION NOT TO EXCEED FIVE THOUSAND DOLLARS IN ADDITION TO CRIMINAL PENALTIES; TO AMEND SECTION 22-3-550, AS AMENDED, RELATING TO A MAGISTRATE'S CRIMINAL JURISDICTION SO AS TO PROVIDE THE MAGISTRATE MAY ORDER RESTITUTION IN AN AMOUNT NOT TO EXCEED FIVE THOUSAND DOLLARS.
The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
Senator HUTTO proposed the following amendment (JUD3035.001.DOC), which was adopted:
Amend the bill, as and if amended, by striking the bill in its entirety and inserting therein the following:
TO AMEND SECTION 14-25-65, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MAXIMUM PENALTIES THAT A MUNICIPAL JUDGE MAY IMPOSE, SO AS TO PROVIDE THAT THE JUDGE MAY ORDER RESTITUTION IN AN AMOUNT NOT TO EXCEED ONE THOUSAND DOLLARS IN ADDITION TO CRIMINAL PENALTIES; TO AMEND SECTION 22-3-550, AS AMENDED, RELATING TO A MAGISTRATE'S CRIMINAL JURISDICTION, SO AS TO PROVIDE THAT THE MAGISTRATE MAY ORDER RESTITUTION IN AN AMOUNT NOT TO EXCEED ONE THOUSAND DOLLARS; AND TO AMEND SECTION 22-3-1000, RELATING TO PROVISIONS APPLICABLE TO BOTH CIVIL AND CRIMINAL CASES, SO AS TO PROVIDE THAT A MAGISTRATE'S ORDER OF RESTITUTION MAY BE APPEALED SEPARATELY FROM AN APPEAL RELATING TO CONVICTION.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 14-25-65 of the 1976 Code, as last amended by Act 171 of 1993, is further amended to read:
"Section 14-25-65. Whenever the If a municipal judge finds a party guilty of violating a municipal ordinance or a state law within the jurisdiction of the court, he may impose a fine of not more than five hundred dollars or imprisonment for thirty days, or both. In addition, a municipal judge may order restitution in an amount not to exceed one thousand dollars. In determining the amount of restitution, the judge shall determine and itemize the actual amount of damage or loss in the order. In addition, the judge may set an appropriate payment schedule.
A municipal judge may hold a party in contempt for failure to pay restitution ordered if the judge finds the party has the ability to pay."
SECTION 2. Section 22-3-550 of the 1976 Code, as last amended by Act 138 of 1995, is further amended to read:
"Section 22-3-550. (A) Magistrates have jurisdiction of all offenses which may be subject to the penalties of a fine or forfeiture not exceeding five hundred dollars, or imprisonment not exceeding thirty days, or both. In addition, a magistrate may order restitution he considers appropriate in an amount not to exceed one thousand dollars. In determining the amount of restitution, the judge shall determine and itemize the actual amount of damage or loss in the order. In addition, the judge may set an appropriate payment schedule.
A magistrate may hold a party in contempt for failure to pay restitution ordered if the judge finds the party has the ability to pay.
(B) However, a magistrate shall not have the power to sentence any person to consecutive terms of imprisonment totaling more than ninety days except for convictions resulting from violations of Chapter 11 of Title 34, pertaining to fraudulent checks, or violations of Section 16-13-110(B)(1), relating to shoplifting. Further, a magistrate must specify an amount of restitution in damages at the time of sentencing as an alternative to any imprisonment of more than ninety days which is lawfully imposed. The provisions of this paragraph subsection do not affect the transfer of criminal matters from the general sessions court made pursuant to Section 22-3-545."
SECTION 3. Section 22-3-1000 is amended to read:
"Section 22-3-1000. No motion for a new trial may be heard unless made within five days from the rendering of the judgment. The right of appeal from the judgment exists for twenty-five days after the refusal of a motion for a new trial. A magistrate's order of restitution may be appealed separately from an appeal relating to the conviction."
SECTION 4. This act takes effect upon approval by the Governor. /
Senator HUTTO explained the amendment.
The amendment was adopted.
There being no further amendments, the Bill was read the third time, passed and ordered returned to the House of Representatives with amendments.
H. 3581 (Word version) -- Reps. Cato, Cobb-Hunter, Gamble, Jennings and Scott: A BILL TO AMEND SECTION 34-1-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AUTHORITY FOR CERTAIN STATE FINANCIAL INSTITUTIONS TO ENGAGE IN SPECIFIED FINANCIAL ACTIVITY, SO AS TO PROVIDE THAT THE STATE BOARD OF FINANCIAL INSTITUTIONS MAY PERMIT A FINANCIAL ACTIVITY BY ISSUING AN OPERATIONAL INSTRUCTION IN ADDITION TO GRANTING AUTHORITY BY REGULATION, AND TO MAKE TECHNICAL CHANGES.
The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
Senators SALEEBY and COURTNEY proposed the following amendment (H.3581AM - ANGELA.DOC), which was adopted:
Amend the bill, as and if amended, page 2, line 20, by adding appropriately numbered SECTIONS to read:
/ SECTION______. Section 36-1-206 of the 1976 Code is amended to read:
"Section 36-1-206. (1) Except in cases described in subsection (2) of this section a contract for the sale of personal property is not enforceable by way of action or defense beyond five thousand dollars in amount or value of remedy unless there is some writing which indicates that a contract for sale has been made between the parties at a defined or stated price, reasonably identifies the subject matter, and is signed by the party against whom enforcement is sought or by his authorized agent.
(2) Subsection (1) of this section does not apply to contract for the sale of goods (Section 36-1-201) nor of securities (Section 36-8-319) (Section 36-8-113) nor to security agreements (Section 36-9-203).
(3)
Amend the bill further, as and if amended by adding the following:
SECTION ___________. The 1976 Code is amended by adding:
"Section 36-8-113. A contract or modification of a contract for the sale or purchase of a security is enforceable whether or not there is a writing signed or record authenticated by a party against whom enforcement is sought, even if the contract or modification is not capable of performance within one year of its making."
Amend the bill further, as and if amended by adding the following:
SECTION _____. Section 36-8-319 of the 1976 Code is repealed. /
Renumber sections to conform.
Amend title to conform.
Senator COURTNEY explained the amendment.
The amendment was adopted.
There being no further amendments, the Bill was read the third time and ordered returned to the House of Representatives with amendments.
H. 3640 (Word version) -- Rep. Harrison: A BILL TO AMEND SECTION 17-1-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESTRUCTION OF THE CRIMINAL RECORDS OF A PERSON WHOSE CRIMINAL CHARGE HAS BEEN DISCHARGED OR DISMISSED OR WHO HAS BEEN FOUND INNOCENT OF A CRIMINAL CHARGE, SO AS TO PROVIDE THAT A CLERK OF COURT MUST DESTROY AND MUST NOT RETAIN THESE RECORDS.
The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
Senator HUTTO proposed the following amendment (JUD3640.006), which was adopted:
Amend the bill, as and if amended, page 1, beginning on line 35, in Section 17-1-40, as contained in SECTION 1, by striking lines 35 through 38 in their entirety and inserting therein the following:
/ law enforcement agency and detention facility by a magistrate, municipal judge, circuit court judge, or clerk of court. No evidence of the record pertaining to the charge shall be retained by a municipal, county, or state law enforcement agency, detention facility, or a clerk of court. A court order shall not be required to /
Renumber sections to conform.
Amend title to conform.
Senator HUTTO explained the amendment.
The amendment was adopted.
Senators FAIR and BRYAN proposed the following amendment (JUD3640.005), which was adopted:
Amend the bill, as and if amended, page 2, beginning on line 1, by striking SECTION 2 in its entirety and inserting therein the following:
/ SECTION 2. The 1976 Code is amended by adding:
"Section 30-9-85. If a clerk of court or register of deeds is presented with the requisite documents showing that a civil lien on property has been placed in error, the clerk of court or registrar of deeds is authorized to purge the record of the lien without a court order." /.
Renumber sections to conform.
Amend title to conform.
Senator BRYAN explained the amendment.
The amendment was adopted.
There being no further amendments, the Bill was read the third time and ordered returned to the House of Representatives with amendments.
The following Bill was read the third time and ordered sent to the House of Representatives:
S. 821 (Word version) -- Fish, Game and Forestry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF NATURAL RESOURCES, RELATING TO HUNT UNITS AND WILDLIFE MANAGEMENT AREAS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2430, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
The following Bill, having been read the second time with notice of general amendments, was ordered placed on the third reading Calendar:
H. 3865 (Word version) -- Reps. Cato, Mason, Cobb-Hunter, Knotts, Scott, Trotter, Cooper, Allison, Breeland, G. Brown, H. Brown, J. Brown, Davenport, Emory, Fleming, Harrison, Kelley, Kirsh, Klauber, Lanford, Lee, Littlejohn, Martin, M. McLeod, Meacham, Miller, Neilson, Rhoad, Riser, Robinson, Sandifer, Sharpe, R. Smith, Stille, Stuart, Townsend, Tripp, Walker, Whipper, Witherspoon, Simrill and Harvin: A BILL TO AMEND SECTIONS 34-26-300, 34-26-310, 34-26-500, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FORMATION OF CREDIT UNIONS AND PERSONS WHO ARE ELIGIBLE TO BE MEMBERS THEREOF SO AS TO FURTHER PROVIDE FOR THOSE PERSONS WHO MAY FORM A CREDIT UNION AND WHO MAY BE MEMBERS OF A CREDIT UNION; AND TO AMEND SECTION 34-26-860, AS AMENDED, RELATING TO LOANS MADE BY CREDIT UNIONS SECURED BY REAL ESTATE SO AS TO ADD VACATION HOMES TO THE
The following Bill and Joint Resolution, having been read the second time, were ordered placed on the third reading Calendar:
H. 4012 (Word version) -- Reps. Neal, J. Brown, Quinn, Bales, Cotty, Harrison, Lourie, Rutherford, Scott, F. Smith and J. Smith: A JOINT RESOLUTION TO DIRECT THE DEPARTMENT OF TRANSPORTATION TO ESTABLISH FORTY-FIVE MILE AN HOUR SPEED ZONES AND INSTALL FLASHING TRAFFIC SIGNALS AT CHURCHES LOCATED ON HIGHWAY 601 FROM THE KERSHAW COUNTY LINE TO HIGHWAY 378.
H. 4082 (Word version) -- Reps. Stille, Carnell and Townsend: A BILL TO ABOLISH THE ABBEVILLE COUNTY BOARD OF EDUCATION AND DEVOLVE ITS POWERS AND DUTIES UPON THE BOARD OF TRUSTEES OF ABBEVILLE COUNTY SCHOOL DISTRICT 60, AND TO CHANGE THE NAME OF ABBEVILLE COUNTY SCHOOL DISTRICT 60 TO THE ABBEVILLE COUNTY SCHOOL DISTRICT EFFECTIVE JULY 1, 2000.
On motion of Senator DRUMMOND, H. 4082 was ordered to receive a third reading on Thursday, May 20, 1999.
H. 3779 (Word version) -- Reps. Dantzler and Law: A BILL TO AMEND SECTION 41-18-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN THE SOUTH CAROLINA AMUSEMENT RIDERS SAFETY CODE, SO AS TO REVISE THE DEFINITION OF "SERIOUS INJURY" TO INCLUDE DEATH, IMMEDIATE INPATIENT HOSPITALIZATION, FRACTURES, AND DISFIGUREMENTS.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Labor, Commerce and Industry.
The Committee on Labor, Commerce and Industry proposed the following amendment (AMENDMENT TO 3779-LLR.DOC), which was adopted:
Amend the bill, as and if amended, SECTION 1, page 1, line 34, after /required./ by adding the following:
/Notwithstanding the definition of serious injury, the owner or lessee of any amusement device under this section must maintain permanent records of all injuries sustained by participants utilizing the amusement. These records shall be open for inspection by any authorized representative of the department./
Amend title to conform.
The amendment was adopted.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.
H. 4052 (Word version) -- Rep. Quinn: A CONCURRENT RESOLUTION TO DECLARE THE MONTH OF AUGUST, 1999, AS "SCHOOL VIOLENCE AWARENESS MONTH" IN SOUTH CAROLINA IN ORDER TO RAISE PUBLIC AWARENESS OF THIS INCREASING PROBLEM IN OUR STATE, AND TO REQUEST THE ATTORNEY GENERAL TO PROVIDE A REPORT TO THE GENERAL ASSEMBLY ON THE STATUS OF SCHOOL VIOLENCE AND OTHER SCHOOL CRIME IN SOUTH CAROLINA.
The Concurrent Resolution was adopted, ordered returned to the House.
Having voted on the prevailing side, Senator BRYAN asked unanimous consent to reconsider the vote whereby the Resolution was adopted.
There was no objection.
On motion of Senator BRYAN, with unanimous consent, the Resolution was carried over.
H. 4080 (Word version) -- Reps. Delleney, D. Smith and Canty: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, JUNE 2,
The Concurrent Resolution was adopted, ordered returned to the House.
H. 3547 (Word version) -- Rep. Davenport: A BILL TO AMEND SECTION 34-11-70, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COLLECTION AND PROSECUTION PROCEDURES FOR CHECKS DRAWN WITH INSUFFICIENT FUNDS ON DEPOSIT, SO AS TO INCREASE THE SERVICE CHARGE FROM TWENTY-FIVE TO THIRTY DOLLARS.
On motion of Senator PEELER, with unanimous consent, the Bill was carried over.
At 12:58 P.M., on motion of Senator MOORE, the Senate receded from business until 2:30 P.M.
The Senate reassembled at 2:34 P.M., and was called to order by the PRESIDENT.
Senator RAVENEL moved that the Senate stand adjourned.
At 2:34 P.M., Senator MOORE made the point that a quorum was not present. It was ascertained that a quorum was not present.
Senator MOORE moved that a Call of the Senate be made. The following Senators answered the Call:
Alexander Branton Fair Giese Grooms Hayes Hutto Martin Mescher Moore Patterson Peeler Rankin Reese Ryberg Waldrep
Senator MOORE moved that the Senate stand in recess pending the arrival of a quorum.
Senator RAVENEL moved that the Senate stand adjourned.
The question then was the motion to recede.
Senator RAVENEL made a Parliamentary Inquiry as to whether or not the motion to adjourn had precedence over the motion to recede.
The PRESIDENT stated that, under the provisions of Rule 2, in the absence of a quorum, the motion to adjourn did not have precedence.
The question then was the motion to recede.
Senator RAVENEL raised a Point of Order that a motion to adjourn had been raised prior to the Point of Quorum being raised and should have had precedence.
Senator MOORE spoke on the Point of Order.
Senator MOORE raised a Point of Order that the Point of Order raised by Senator RAVENEL came too late inasmuch as intervening business had occurred.
The PRESIDENT sustained the Point of Order raised by Senator MOORE.
The question then was the motion to recede.
Senator MOORE asked unanimous consent to make a motion that the conferees to H. 3696, the General Appropriation Bill, be granted leave to meet and be counted in any quorum calls.
Senator RAVENEL objected.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Bauer Bryan Drummond Giese Hayes Martin McConnell Mescher Moore Passailaigue Patterson Peeler Rankin Reese Setzler Washington Wilson
Branton Grooms Hutto Leventis Matthews Ravenel Ryberg Waldrep
The Senate agreed to recede pending the arrival of a quorum.
A quorum being present, the Senate resumed.
On motion of Senator DRUMMOND, with unanimous consent, Senators DRUMMOND, McCONNELL and SETZLER were granted leave to attend a meeting of the Committee of Conference and be counted in any quorum calls.
H. 3276 (Word version) -- Reps. Wilkins, Cato, Bailey, Barrett, Battle, G. Brown, H. Brown, Carnell, Cobb-Hunter, Easterday, Gamble, Harrell, Harrison, Jennings, Keegan, Kelley, Kirsh, Klauber, Mason, McGee, McKay, Quinn, Sandifer, Sharpe, D. Smith, R. Smith, Tripp, Young-Brickell, Leach, Whatley, Meacham, Law, Seithel, Woodrum, Trotter, Fleming, Chellis, Walker, Loftis, Altman, Riser, Stille, Rodgers, Rice, Bauer, Beck, Edge, Dantzler, Maddox, Cooper, Lanford, Martin, Hamilton, Campsen, Phillips, Lee, Gilham, Robinson and Simrill: A BILL TO AMEND CHAPTER 9 OF TITLE 58, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TELEPHONE, TELEGRAPH, AND EXPRESS COMPANIES, BY ADDING ARTICLE 20 SO AS TO PROVIDE FOR THE MANNER IN WHICH AND CONDITIONS UNDER WHICH AMOUNTS MAY BE CHARGED BY MUNICIPALITIES TO TELECOMMUNICATIONS COMPANIES FOR THE USE OF THE PUBLIC RIGHTS-OF-WAY AND FOR BUSINESS LICENSE TAXES IN ORDER TO ENSURE THAT SUCH CHARGES ARE IMPOSED ON A COMPETITIVELY NEUTRAL AND NONDISCRIMINATORY BASIS, TO LIMIT OR RESTRICT THE IMPOSITION OF CERTAIN OTHER FEES AND TAXES ON TELECOMMUNICATIONS COMPANIES BY MUNICIPALITIES; AND TO PROVIDE FOR RELATED PROCEDURAL AND OTHER MATTERS.
The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
Senator RAVENEL argued contra to the third reading of the Bill.
At 2:47 P.M., Senator RAVENEL made the point that a quorum was not present. It was ascertained that a quorum was present.
Senator RAVENEL argued contra to the third reading of the Bill.
On motion of Senator MOORE, with unanimous consent, debate was interrupted by adjournment, with Senator RAVENEL retaining the floor.
Having received a favorable report from the Barnwell County Delegation, the following appointment was confirmed in open session:
Reappointment, Barnwell County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003:
James H. Witherspoon, Jr., Post Office Box 1205, Barnwell, S.C. 29812
Having received a favorable report from the Clarendon County Delegation, the following appointments were confirmed in open session:
Reappointment, Clarendon County Magistrate, with term to commence April 30, 1998, and to expire April 30, 2002:
John B. Bassard, Post Office Box 1324, Manning, S.C. 29102
Reappointment, Clarendon County Magistrate, with term to commence April 30, 1998, and to expire April 30, 2002:
Joseph Postell, Route 5, Box 636-A, Manning, S.C. 29102
Having received a favorable report from the Fairfield County Delegation, the following appointments were confirmed in open session:
Reappointment, Fairfield County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003:
Thomas A. Jackson, Route 1, Box 1064, Great Falls, S.C. 29055
Reappointment, Fairfield County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003:
William F. Pope, Route 1, Box 195-R, Winnsboro, S.C. 29180
Having received a favorable report from the Georgetown County Delegation, the following appointments were confirmed in open session:
Reappointment, Georgetown County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003:
Issac L. Pyatt, 162 Julian Court, Georgetown, S.C. 29440
Reappointment, Georgetown County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003:
William Barry McCall, Post Office Box 1830, Pawleys Island, S.C. 29585
Reappointment, Georgetown County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003:
Mary Alice Williams, 5686 Old Pee Dee Road, Hemingway, S.C. 29554
Reappointment, Georgetown County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003:
Hughey Walker, 3637 Choppee Road, Georgetown, S.C. 29440
Reappointment, Georgetown County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003:
Benjamin F. Dunn, Post Office Box 44, Andrews, S.C. 29510
Reappointment, Georgetown County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003:
William Paul Moeller, Post Office Box 859, Murrells Inlet, S.C. 29576
Having received a favorable report from the Spartanburg County Delegation, the following appointments were confirmed in open session:
Reappointment, Spartanburg County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003:
Johnny Lee Cash, 421 Green Valley Drive, Chesnee, S.C. 29323
Reappointment, Spartanburg County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003:
Barry Joe Barnett, 115 Beechwood Dr., Spartanburg, S.C. 29307-2232
Reappointment, Spartanburg County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003:
Robert B. Hall, 151 Oakwood Dr., Woodruff, S.C. 29388
Reappointment, Spartanburg County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003:
Edward H. Overcash, 166 Gordon Drive, Spartanburg, S.C. 29301
Reappointment, Spartanburg County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003:
David C. Snow, 2548 Highway 101 South, Greer, S.C. 29651
Reappointment, Spartanburg County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003:
James B. Paslay, 803 Lucerne Drive, Spartanburg, S.C. 29302
Reappointment, Spartanburg County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003:
Larry Madison Hutchins, 767 California Ave., Spartanburg, S.C. 29303
Reappointment, Spartanburg County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003:
Kenneth H. Dover, Post Office Box 642, Inman, S.C. 29349
Reappointment, Spartanburg County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003:
Donnie B. Blackley, 236 St. Matthews Lane, Spartanburg, S.C. 29301
Reappointment, Spartanburg County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003:
Eber Charles Gowan, Jr., Post Office Box 37, Reidville, S.C. 29375
Reappointment, Spartanburg County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003:
Vicki Rae M. Smith, 1074 Cross Anchor Road, Woodruff, S.C. 29388
Reappointment, Spartanburg County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003:
Jimmy B. Henson, Post Office Box 416, Pacolet Mills, S.C. 29373
Reappointment, Spartanburg County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003:
Carolyn B. Waddell, 155 Brewton Road, Moore, S.C. 29369
Reappointment, Spartanburg County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003:
James Freeman Ashmore, 302 Five Oaks Drive, Landrum, S.C. 29356
On motion of Senator WALDREP, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. William Floyd of Anderson, S.C.
At 3:52 P.M., on motion of Senator MOORE, the Senate adjourned to meet tomorrow at 11:00 A.M.
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