Indicates Matter Stricken
Indicates New Matter
The House assembled at 10:00 a.m.
Deliberations were opened with prayer by Rev. Dr. Whaley 'Bill' Barton, Jr. as follows:
Let us pray. You, dear God, have the whole world in Your hands. You encourage us not to be anxious about tomorrow. You invite us to trust You with our lives and the lives of our loved ones, today. Help us Lord for we bring many unspoken personal concerns to this time and this place. Help us to relax and find pleasure in the opportunities You offer us. Bless us as we do what we have been called to do for we thank You dear Lord. Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.
After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.
Rep. KIRSH moved that when the House adjourns, it adjourn in memory of Robert N. Pursley, Sr., which was agreed to.
Rep. TOWNSEND, from the Committee on Education and Public Works, submitted a favorable report on:
H. 4455 (Word version) -- Rep. Townsend: A BILL TO AMEND SECTION 16-13-15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FALSIFYING OR ALTERING COLLEGE TRANSCRIPTS OR DIPLOMAS AND THE FRAUDULENT USE OF THE FALSIFIED OR ALTERED TRANSCRIPTS OR DIPLOMAS, SO AS TO PROVIDE THAT THE PROVISIONS OF THIS SECTION ALSO APPLY TO HIGH SCHOOL DIPLOMAS AND TRANSCRIPTS INCLUDING GED DIPLOMAS.
Ordered for consideration tomorrow.
Rep. TOWNSEND, from the Committee on Education and Public Works, submitted a favorable report on:
H. 4592 (Word version) -- Reps. Townsend, Martin, Walker, Stille, J. Hines and Stuart: A BILL TO AMEND SECTION 59-143-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ALLOCATIONS FOR CERTAIN HIGHER EDUCATION SCHOLARSHIP GRANTS, SO AS TO PROVIDE THAT ALLOCATIONS FOR PALMETTO FELLOWS SCHOLARSHIPS SHALL BE ALLOCATED TO STUDENTS BASED ON ACADEMIC CRITERIA ESTABLISHED BY THE COMMISSION ON HIGHER EDUCATION, AND TO PROVIDE THAT THESE STUDENTS MAY THEN USE THESE SCHOLARSHIP FUNDS TO ATTEND ANY ELIGIBLE INSTITUTION IN SOUTH CAROLINA.
Ordered for consideration tomorrow.
The following was taken up for immediate consideration:
S. 954 (Word version) -- Senator Giese: A CONCURRENT RESOLUTION TO DESIGNATE WEDNESDAY, MARCH 6, 2002, AS "CREATING SOLUTIONS FOR DISABILITIES DAY", TO ENDORSE THE "B.A.C.-COFFEE DAY FOR PEOPLE WITH SPECIAL NEEDS" PROJECT AND OTHER OUTSTANDING PROGRAMS OF EASTER SEALS SOUTH CAROLINA, AND TO PROVIDE FOR A JOINT SESSION OF THE GENERAL ASSEMBLY IN THE HALL OF THE HOUSE OF REPRESENTATIVES AT 11:30 A.M. ON WEDNESDAY, MARCH 6, 2002, AT WHICH TIME THE STATE EASTER SEAL REPRESENTATIVES AND THEIR PARENTS WILL BE PRESENTED TO THE GENERAL ASSEMBLY.
Whereas, Easter Seals South Carolina has again embarked upon its most worthwhile project to raise funds for people with disabilities, culminating in the 51st annual "B.A.C.-Coffee Day for People with Special Needs" in South Carolina on Good Friday, March 29, 2002; and
Whereas, under the statewide leadership of John Brooks, Chairman, Easter Seals South Carolina Board of Directors, ably assisted by Sergeant Kenneth Barfield, President of the South Carolina Law Enforcement Officers Association; Alisa Mosley, Executive Director of the South Carolina Law Enforcement Officers' Association; and Thomas L. Sponseller, Executive Director of the South Carolina Restaurant Association and Sammy Ridgeway, State President of the South Carolina Restaurant Association, this program is destined to raise thousands of dollars to aid our very deserving children and adults and assist them in creating solutions for their challenges; and
Whereas, the "B.A.C." buttons go on sale Wednesday, March 6, 2002; and
Whereas, the "B.A.C." project and all other programs of the Easter Seals South Carolina deserve the support, merit, and praise of all citizens of the State. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That Wednesday, March 6, 2002, is designated "Creating Solutions for Disabilities Day" in South Carolina and that representatives of Easter Seals South Carolina, the South Carolina Law Enforcement Officers' Association, and the South Carolina Restaurant Association, all representing Adam Jumper, son of Lisa and Kevin Jumper of Swansea; Taylor Gregory, daughter of Shane and Tracy Gregory of Inman; Jonathan Philip Cockle, son of Jonathan and Susanne Cockle of Summerville; Luke Brunson, son of Sally Brunson of Greenville; Emili Darragh, daughter of Beth Davenport of Greenwood; Ra'Quan Brayboy, son of Gracie Brayboy of Lake City; and Crystal Lynn Beeman, daughter of Pam and Bill Beeman of Anderson; who have been chosen to serve as the 2002 Easter Seals South Carolina State Representatives, be presented to the General Assembly in Joint Session of the General Assembly in the Hall of the House of Representatives at 11:30 a.m. on Wednesday, March 6, 2002.
Be it further resolved that the General Assembly extends to the Easter Seals South Carolina and its many dedicated supporters its sincere wishes for continued success in its many constructive and compassionate programs on behalf of persons with special needs.
Be it further resolved that a copy of this resolution be forwarded to the President and Chief Executive Officer of Easter Seals South Carolina for distribution to the state chairmen of the various phases of the Easter Seals South Carolina's campaign and the "B.A.C." project, as well as to the Easter Seals South Carolina Representatives themselves.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following Bill and Joint Resolutions were introduced, read the first time, and referred to appropriate committees:
H. 4718 (Word version) -- Rep. Harrison: A JOINT RESOLUTION TO ESTABLISH THE TASK FORCE ON CORRECTIONS AND PROVIDE ITS MEMBERSHIP AND DUTIES AND TO PROVIDE FOR IT TO MAKE A REPORT WITH RECOMMENDATIONS TO THE GENERAL ASSEMBLY BEFORE JANUARY 1, 2003, AFTER WHICH THE TASK FORCE TERMINATES.
Referred to Committee on Judiciary
H. 4720 (Word version) -- Rep. Rhoad: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED ON JANUARY 3 AND 4, 2002, BY THE STUDENTS OF A SCHOOL IN BAMBERG COUNTY SCHOOL DISTRICT 1 WHEN THE SCHOOL WAS CLOSED DUE TO SNOW, ICE, OR INCLEMENT WEATHER CONDITIONS ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
Referred to Committee on Education and Public Works
H. 4721 (Word version) -- Rep. Rhoad: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED ON JANUARY 7 AND 8, 2002, BY THE STUDENTS OF A SCHOOL IN BAMBERG COUNTY SCHOOL DISTRICT 2 WHEN THE SCHOOL WAS CLOSED DUE TO WATER PROBLEMS ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
Referred to Committee on Education and Public Works
S. 813 (Word version) -- Senator Gregory: A BILL TO AMEND CHAPTER 11, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROTECTION OF GAME, BY ADDING SECTION 50-11-555 SO AS TO PROVIDE FOR HUNTING WILD TURKEY ON SUNDAY ON PRIVATE LAND IN GAME ZONE 4.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs
S. 996 (Word version) -- Senators Courson, Alexander, Anderson, Bauer, Branton, Drummond, Elliott, Fair, Ford, Giese, Glover, Gregory, Grooms, Hawkins, Hayes, Holland, Hutto, Jackson, Kuhn, Land, Leatherman, Leventis, Martin, Matthews, McConnell, McGill, Mescher, Moore, O'Dell, Patterson, Peeler, Pinckney, Rankin, Ravenel, Reese, Richardson, Ritchie, Ryberg, Saleeby, Setzler, Short, J. V. Smith, Thomas, Verdin and Waldrep: A JOINT RESOLUTION TO CREATE THE ARMED FORCES OF THE UNITED STATES VETERANS MONUMENT COMMISSION AND PROVIDE FOR THE COMMISSION'S MEMBERSHIP, DUTIES, AND RELATED MATTERS.
Referred to Committee on Education and Public Works
The following was introduced:
H. 4719 (Word version) -- Rep. Davenport: A CONCURRENT RESOLUTION TO CONGRATULATE AND EXTEND SINCERE BEST WISHES TO MABEL FISHER OF SPARTANBURG COUNTY ON THE OCCASION OF HER ONE HUNDREDTH BIRTHDAY.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The roll call of the House of Representatives was taken resulting as follows:
Allison Altman Bales Barfield Barrett Battle Bingham Bowers Breeland Brown, J. Brown, R. Campsen Carnell Cato Chellis Clyburn Coates Cobb-Hunter Cooper Cotty Dantzler Davenport Delleney Easterday Edge Emory Fleming Freeman Frye Gilham Hamilton Harrell Harrison Haskins Hayes Hines, M. Hinson Hosey Howard Huggins Keegan Kelley Kennedy Kirsh Klauber Knotts Koon Leach Lee Littlejohn Lloyd Loftis Lourie Lucas Mack McCraw McGee McLeod Meacham-Richardson Merrill Miller Moody-Lawrence Neal, J.H. Neal, J.M. Ott Owens Parks Perry Phillips Rhoad Rice Riser Rivers Robinson Rodgers Sandifer Scarborough Scott Sharpe Sheheen Simrill Sinclair Smith, D.C. Smith, F.N. Smith, G.M. Smith, J.E. Smith, J.R. Snow Stille Stuart Talley Taylor Thompson Townsend Tripp Trotter Vaughn Walker Webb Weeks Whatley Whipper White Wilder Wilkins Witherspoon Young, A. Young, J.
I came in after the roll call and was present for the Session on Wednesday, February 13.
Creighton Coleman Grady Brown Harry Askins Douglas Jennings Doug Smith H.B. "Chip" Limehouse Denny Neilson Alex Harvin Karl Allen Becky Martin Richard Quinn Jerry Govan Amos Gourdine James Law
LEAVE OF ABSENCE
The SPEAKER granted Rep. GOURDINE a temporary leave of absence.
The SPEAKER granted Rep. LAW a temporary leave of absence.
The SPEAKER granted Rep. GOVAN a temporary leave of absence.
Rep. HARVIN signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Tuesday, February 12.
Announcement was made that Dr. Leo Walker of Columbia is the Doctor of the Day for the General Assembly.
In accordance with House Rule 5.2 below:
"5.2 Every bill before presentation shall have its title endorsed; every report, its title at length; every petition, memorial, or other paper, its prayer or substance; and, in every instance, the name of the member presenting any paper shall be endorsed and the papers shall be presented by the member to the Speaker at the desk. After a bill or resolution has been presented and given first reading, no further names of co-sponsors may be added. A member may add his name to a bill or resolution or a co-sponsor of a bill or resolution may remove his name at any time prior to the bill or resolution receiving passage on second reading. The member or co-sponsor shall notify the Clerk of the House in writing of his desire to have his name added or removed from the bill or resolution. The Clerk of the House shall print the member's or co-sponsor's written notification in the House Journal. The removal or addition of a name does not apply to a bill or resolution sponsored by a committee."
Bill Number: H. 4507 (Word version)
Date: ADD:
02/13/02 MCLEOD
Bill Number: H. 4432 (Word version)
Date: ADD:
02/13/02 COATES
Bill Number: H. 3250 (Word version)
Date: ADD:
02/13/02 LEACH
Bill Number: H. 4669 (Word version)
Date: ADD:
02/13/02 MCLEOD
Bill Number: H. 4119 (Word version)
Date: ADD:
02/13/02 ALTMAN
Bill Number: H. 4119 (Word version)
Date: ADD:
02/13/02 LOFTIS
Bill Number: H. 4119 (Word version)
Date: ADD:
02/13/02 LAW
Bill Number: H. 4119 (Word version)
Date: ADD:
02/13/02 SCARBOROUGH
Bill Number: H. 4119 (Word version)
Date: ADD:
02/13/02 MERRILL
Bill Number: H. 4119 (Word version)
Date: ADD:
02/13/02 OWENS
Bill Number: H. 4119 (Word version)
Date: ADD:
02/13/02 KNOTTS
Bill Number: H. 4119 (Word version)
Date: ADD:
02/13/02 TROTTER
Bill Number: H. 4119 (Word version)
Date: ADD:
02/13/02 EDGE
Bill Number: H. 4119 (Word version)
Date: ADD:
02/13/02 LIMEHOUSE
Bill Number: H. 4119 (Word version)
Date: ADD:
02/13/02 HASKINS
Bill Number: H. 4119 (Word version)
Date: ADD:
02/13/02 FREEMAN
Bill Number: H. 4119 (Word version)
Date: ADD:
02/13/02 LEACH
Bill Number: H. 4119 (Word version)
Date: ADD:
02/13/02 BALES
Bill Number: H. 4119 (Word version)
Date: ADD:
02/13/02 GOURDINE
Bill Number: H. 4119 (Word version)
Date: ADD:
02/13/02 WHATLEY
Bill Number: H. 4119 (Word version)
Date: ADD:
02/13/02 DANTZLER
Bill Number: H. 4119 (Word version)
Date: ADD:
02/13/02 TALLEY
Bill Number: H. 4119 (Word version)
Date: ADD:
02/13/02 EASTERDAY
Bill Number: H. 3823 (Word version)
Date: ADD:
02/13/02 HINSON
Bill Number: H. 4598 (Word version)
Date: ADD:
02/13/02 LOURIE
Bill Number: H. 3462 (Word version)
Date: REMOVE:
02/13/02 HINSON
Bill Number: H. 3481 (Word version)
Date: REMOVE:
02/13/02 MCLEOD
The following Bill was taken up, read the second time, and ordered to a third reading:
H. 4702 (Word version) -- Rep. Taylor: A BILL TO AMEND ACT 778 OF 1988, RELATING TO THE CREATION OF THE REGISTRATION AND ELECTIONS COMMISSION FOR LAURENS COUNTY, SO AS TO STAGGER THE TERMS OF MEMBERS OF THE COMMISSION BEGINNING IN 2005.
The following Bill and Joint Resolutions were taken up, read the third time, and ordered sent to the Senate:
H. 3361 (Word version) -- Reps. Scarborough, Simrill, Altman, Campsen, Coates, Hinson, Law, Limehouse, Littlejohn, Loftis, Merrill, Owens, Perry, Sinclair, Snow, Talley, Taylor and Thompson: A BILL TO AMEND CHAPTER 5, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-5-2517, SO AS TO PROVIDE THAT, EXCEPT WHEN AUTHORIZED BY A FEDERAL PERMIT, IT IS UNLAWFUL FOR ANY PERSON TO CATCH, ATTEMPT TO CATCH, FEED, FEED BY HAND, MOLEST, INJURE, KILL, ANNOY, HARASS, OR INTERFERE WITH THE NORMAL ACTIVITY AND WELL-BEING OF ANY MAMMALIAN DOLPHIN OR PORPOISE, AND TO PROVIDE PENALTIES FOR VIOLATIONS.
H. 4692 (Word version) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION BOARD OF MEDICAL EXAMINERS, RELATING TO REQUIREMENTS FOR LIMITED LICENSE, LIMITED LICENSING FOR COMPLETION OF FIFTH PATHWAY PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 2664, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 4693 (Word version) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO STANDARDS FOR LICENSING HOSPICES, DESIGNATED AS REGULATION DOCUMENT NUMBER 2660, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
The following Bill was taken up:
H. 3840 (Word version) -- Rep. Edge: A BILL TO AMEND TITLE 1, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 34, SO AS TO REQUIRE ALL STATE AGENCIES CHARGED WITH ENFORCING NATIONAL BUILDING CODES TO ADOPT THE LATEST EDITION OF THE CODE AND TO PROVIDE EXCEPTIONS; TO ESTABLISH PROCEDURES FOR THE ADOPTION OF THESE CODES, INCLUDING NOTICE IN THE STATE REGISTER AND THE OPPORTUNITY FOR PUBLIC COMMENT; AND TO REQUIRE PROPOSED CODES RECEIVING NEGATIVE COMMENTS OR SUBJECT TO PROPOSED AGENCY AMENDMENTS TO BE PROMULGATED AS REGULATIONS.
The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\NBD\AMEND\ 11181AC02), which was adopted:
Amend the bill, as and if amended, Section 1-34-40(A), page 3, line 38, by deleting /Section 1-34-30(B) and inserting /Section 1-34-30(C)/ so when amended Section 1-34-40(A) reads:
/ (A) Notwithstanding any other provision of law, an agency shall accept as full and complete compliance with a provision of a statute or regulation which refers to a particular edition of a nationally recognized code compliance with the latest edition of a nationally recognized code unless the agency has published a notice under Section 1-34-30(C) stating that the edition has not been adopted./
Renumber sections to conform.
Amend totals and title to conform.
Rep. EDGE explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
Rep. MCLEOD moved to adjourn debate upon the following Bill until Wednesday, February 20, which was adopted:
H. 3481 (Word version) -- Reps. Riser, Quinn, Barfield, Barrett, Bingham, Campsen, Chellis, Dantzler, Davenport, Edge, Gilham, Gourdine, Harrell, Haskins, Huggins, Keegan, Kelley, Knotts, Law, Limehouse, McCraw, McGee, Miller, J. M. Neal, Ott, Phillips, Rhoad, Rodgers, Sandifer, Scarborough, Sharpe, Sheheen, D. C. Smith, Snow, Talley, Webb, Whatley, White, Witherspoon, A. Young and Bowers: A BILL TO AMEND SECTION 50-13-236, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CREEL AND SIZE LIMITS ON STRIPED BASS AND BLACK BASS FROM LAKE MURRAY, SO AS TO DELETE THE PROVISION THAT THE SIZE LIMIT ON STRIPED BASS TAKEN FROM LAKE MURRAY IS NOT IN EFFECT DURING THE MONTHS OF JUNE, JULY, AND AUGUST.
Rep. DAVENPORT moved to adjourn debate upon the following Bill until Thursday, February 14, which was adopted:
S. 856 (Word version) -- Senators Martin, McConnell, Leatherman, Gregory, Giese, Ravenel, Alexander, Hayes, Thomas, Grooms, Richardson, Verdin, Land, Setzler, Waldrep and Drummond: A BILL TO AMEND SECTION 12-28-2730, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISTRIBUTION OF GASOLINE TAX TO THE DEPARTMENT OF NATURAL RESOURCES, SO AS TO REVISE THE SECTION AND PROVIDE FOR THE CREATION OF A SPECIAL WATER RECREATIONAL RESOURCES FUND TO BE ADMINISTERED BY THE DEPARTMENT OF NATURAL RESOURCES, TO PROVIDE FOR THE APPORTIONMENT AND EXPENDITURE OF THE FUND AMONG THE COUNTIES BY THE DEPARTMENT, TO PROVIDE THAT COUNTY LEGISLATIVE DELEGATIONS MAY MAKE RECOMMENDATIONS TO THE DEPARTMENT RELATING TO ACQUISITION, CREATION, OR IMPROVEMENT OF WATER RECREATIONAL RESOURCES, AND TO PROVIDE FOR THE CERTAIN USES OF THE FUND BY THE DEPARTMENT.
The following Bill was taken up:
H. 4652 (Word version) -- Reps. Lourie, Bales, Harrison, J. E. Smith, Hosey, J. H. Neal, Bingham, Talley, Thompson, Howard, Sheheen and Townsend: A BILL TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 91 SO AS TO PROVIDE THAT THE DEPARTMENT OF PUBLIC SAFETY SHALL ISSUE UNITED WE STAND SPECIAL LICENSE PLATES, AND TO PROVIDE FOR THE DISTRIBUTION OF FEES COLLECTED FOR THIS SPECIAL LICENSE PLATE.
Rep. LITTLEJOHN proposed the following Amendment No. 2 (Doc Name COUNCIL\GGS\AMEND\22340CM02), which was adopted:
Amend the bill, as and if amended, by adding the following appropriately numbered SECTION:
/ SECTION _____. Chapter 3, Title 56 of the 1976 Code is amended by adding:
Section 56-3-9200. (A) The department may issue 'In God We Trust' special motor vehicle license plates to owners of private passenger carrying motor vehicles registered in their names. The fee for each special license plate is the regular motor vehicle license fee set forth in Article 5. Each special license plate must be of the same size and general design of regular motor vehicle license plates. Each special license plate must be issued or revalidated for a biennial period which expires twenty-four months from the month the special license plate is issued.
(B) Notwithstanding any other provision of law, of the fees collected for the special license plate, the Comptroller General shall place sufficient funds into a special restricted account to be used by the Department of Public Safety to defray the expenses of the Division of Motor Vehicles in producing and administering the special plate.
(C) Before the department produces and distributes the 'In God We Trust' special license plates pursuant to this section, it must receive:
(1) four hundred or more prepaid applications for the special license plate or a deposit of four thousand dollars from the individual or organization seeking issuance of the license plate. If a deposit of four thousand dollars is made by an individual or organization pursuant to this section, the department shall refund the four thousand dollars once an equivalent amount of license plate fees is collected for that organization's license plate. If the equivalent amount is not collected within four years of the first issuance of the respective license plate, the department shall retain the deposit;
(2) a plan to market the sale of these special license plates which must be approved by the department.
(D) If the department receives less than three hundred biennial applications and renewals for a particular special license plate, it may not produce additional special license plates in that series. The department shall continue to issue special license plates of that series until the existing inventory is exhausted." /
Renumber sections to conform.
Amend title to conform.
Rep. LITTLEJOHN explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading by a division vote of 69 to 1.
The following Bill was taken up:
H. 4695 (Word version) -- Reps. Chellis, Robinson, Cotty, Simrill, Altman, Barrett, Battle, Breeland, G. Brown, Campsen, Cato, Dantzler, Easterday, Emory, Freeman, Frye, Harrison, Harvin, Haskins, J. Hines, Hinson, Hosey, Kirsh, Law, Leach, Limehouse, Lloyd, Lucas, Meacham-Richardson, Miller, J. M. Neal, Neilson, Perry, Phillips, Rice, Riser, Sandifer, Sharpe, D. C. Smith, J. R. Smith, Stille, Stuart, Talley, Vaughn, Walker, Webb, Whipper and A. Young: A BILL TO AMEND SECTION 12-6-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE SOUTH CAROLINA INCOME TAX ACT, SO AS TO UPDATE THE REFERENCE DATE WHEREBY THIS STATE ADOPTS VARIOUS PROVISIONS OF THE INTERNAL REVENUE CODE OF 1986.
Rep. CHELLIS made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
Upon the withdrawal of requests for debate by Reps. SCOTT, BALES, BREELAND, HOWARD, MACK and OTT, the following Bill was taken up:
H. 4054 (Word version) -- Rep. Walker: A BILL TO AMEND SECTION 59-25-115, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AN APPLICANT FOR INITIAL EDUCATION CERTIFICATION BEING REQUIRED TO UNDERGO A STATE FINGERPRINT REVIEW, SO AS TO REVISE THE TIME WHEN SUCH AN APPLICANT MUST UNDERGO THIS REVIEW, THE MANNER OF THIS REVIEW, AND THE INDIVIDUALS TO WHOM THIS PROVISION APPLIES.
The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GJK\AMEND\ 20915SD02), which was adopted:
Amend the bill, as and if amended, by striking Section 59-25-115 of the 1976 Code, as contained in SECTION 1 and inserting:
/Section 59-25-115. All persons applying for initial certification to become certified education personnel in this State shall undergo a state fingerprint review to be conducted by the State Law Enforcement Division to determine any state criminal history and a fingerprint review to be conducted by the Federal Bureau of Investigation to determine any other criminal history. All persons enrolled in a teacher education program, prior to beginning full-time clinical teaching experience in this State, must undergo a state criminal records check by the South Carolina Law Enforcement Division and a national criminal records check supported by fingerprints by the Federal Bureau of Investigation.
Individuals applying for initial teacher certification must have undergone a criminal records check by the South Carolina Law Enforcement Division and a national criminal records check supported by fingerprints by the Federal Bureau of Investigation within eighteen months of applying for teacher certification.
The fee charged by the Federal Bureau of Investigation, if any, for the fingerprint review must be paid by the individual applying for initial certification. /
Renumber sections to conform.
Amend totals and title to conform.
Rep. WALKER explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
Rep. SCOTT asked unanimous consent to recall H. 4501 from the Committee on Judiciary.
Rep. HARRISON objected.
The SPEAKER granted Rep. SINCLAIR a leave of absence for the remainder of the day due to illness.
The Senate amendments to the following Bill were taken up for consideration:
H. 3933 (Word version) -- Reps. Townsend, Knotts, Whatley, Delleney, Fleming, J. Hines, Martin, Meacham-Richardson, Ott, Rice, Riser, Stille, Stuart, Wilkins, A. Young and Cotty: A BILL TO AMEND SECTION 56-1-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF A BEGINNER'S PERMIT, SO AS TO REVISE THE PERIOD A PERSON WHO HOLDS A BEGINNER'S PERMIT MAY OPERATE A VEHICLE DURING A DAY AND BEFORE HE IS ELIGIBLE FOR FULL LICENSURE, TO REVISE WHO MUST ACCOMPANY THE PERMITTEE WHILE HE IS DRIVING, TO MAKE CERTAIN TECHNICAL CHANGES, AND TO DELETE THE PROVISION THAT DEFINES "DAYLIGHT HOURS"; TO AMEND SECTION 56-1-175, RELATING TO THE ISSUANCE OF A PROVISIONAL DRIVER'S LICENSE, SO AS TO REVISE THE PERIOD A PERSON MUST HOLD A BEGINNER'S PERMIT BEFORE HE MAY BE ISSUED A PROVISIONAL DRIVER'S LICENSE, TO PROVIDE THAT A PERSON MUST COMPLETE AT LEAST FORTY HOURS OF DRIVING PRACTICE BEFORE HE MAY BE ISSUED A PROVISIONAL DRIVER'S LICENSE, AND TO RESTRICT THE NUMBER OF PERSONS UNDER TWENTY-ONE A PROVISIONAL DRIVER'S LICENSE HOLDER MAY TRANSPORT; TO AMEND SECTION 56-1-176, RELATING TO THE CONDITIONS A PERSON MUST MEET BEFORE HE IS ISSUED A PROVISIONAL DRIVER'S LICENSE, SO AS TO PROVIDE THAT THESE CONDITIONS ALSO MUST BE MET BEFORE A PERSON IS ISSUED A SPECIAL RESTRICTED DRIVER'S LICENSE; AND TO AMEND SECTION 56-1-180, AS AMENDED, RELATING TO THE ISSUANCE OF A SPECIAL RESTRICTED DRIVER'S LICENSE, SO AS TO REVISE THE PERIOD A PERSON MUST HOLD A BEGINNER'S PERMIT BEFORE HE MAY OBTAIN A SPECIAL RESTRICTED DRIVER'S LICENSE, TO PROVIDE THAT A PERSON MUST PASS A DRIVER'S EDUCATION COURSE, COMPLETE AT LEAST THIRTY HOURS OF DRIVING PRACTICE, AND SATISFY CERTAIN SCHOOL ATTENDANCE REQUIREMENTS BEFORE HE MAY OBTAIN A SPECIAL RESTRICTED DRIVER'S LICENSE, TO RESTRICT THE NUMBER OF PERSONS LESS THAN TWENTY-ONE WHO MAY BE TRANSPORTED BY A SPECIAL RESTRICTED DRIVER'S LICENSE HOLDER, TO DEFINE "DRIVER'S TRAINING COURSE", TO PROVIDE THAT THE DEPARTMENT OF PUBLIC SAFETY MUST ACCEPT A CERTIFICATE OF COMPLETION FROM A STUDENT WHO HAS PASSED A QUALIFIED DRIVER'S TRAINING COURSE WHILE ATTENDING AN OUT-OF-STATE HIGH SCHOOL, AND TO PROVIDE THAT THE DEPARTMENT MUST ESTABLISH PROCEDURES FOR APPROVING QUALIFIED DRIVER'S TRAINING COURSES FOR OUT-OF-STATE STUDENTS.
Reps. TOWNSEND and MARTIN proposed the following Amendment No. 1A (Doc Name COUNCIL\SWB\AMEND\ 5102DJC02), which was adopted:
Amend the bill, as and if amended, SECTION 1, page 4, line 1, Section 56-1-50(f), by striking subsection (F) in its entirety and inserting:
/ "(F) A person who has never held a form of license evidencing previous driving experience first must be issued a beginner's permit and must hold the permit for at least ninety one hundred eighty days before being eligible for full licensure." /
Amend the bill further, as and if amended, SECTION 2, page 4, line 15, Section 56-1-175(A), by striking subsection (A) in its entirety and inserting:
/ "(A) The department may issue a provisional conditional driver's license to a person who is at least fifteen years of age and less than sixteen years of age, who has:
(1) held a beginner's permit for at least ninety one hundred eighty days;
(2) passed a driver's education course as defined in subsection (D)(E);
(3) completed at least forty hours of driving practice, including at least ten hours of driving practice during darkness, supervised by the person's licensed parent or guardian;
(4) passed successfully the road tests or other requirements the department may prescribe; and
(4)(5) satisfied the school attendance requirement contained in Section 56-1-176." /
Amend the bill further, as and if amended, SECTION 4, page 6, line 13, Section 56-1-180(A), by striking subsection (A) in its entirety and inserting:
/ (A) The department may issue a special restricted driver's license to a person who is at least sixteen years of age and less than seventeen years of age, who first has: held a beginner's permit for ninety days and who has successfully passed the road tests or other requirements the department in its discretion may prescribe
(1) held a beginner's permit for at least one hundred eighty days;
(2) passed a driver's education course as defined in subsection (F);
(3) completed at least forty hours of driving practice, including at least ten hours of driving practice during darkness, supervised by the person's licensed parent or guardian;
(4) passed successfully the road test or other requirements the department may prescribe; and
(5) satisfied the school attendance requirement contained in Section 56-1-176." /
Renumber sections to conform.
Amend title to conform.
Rep. TOWNSEND explained the amendment.
Rep. J. BROWN spoke in favor of the amendment.
The amendment was then adopted.
Rep. MEACHAM-RICHARDSON proposed the following Amendment No. 2A (Doc Name COUNCIL\GGS\AMEND\ 22339CM02), which was tabled:
Amend the bill, as and if amended, by amending Section 56-1-175(A) as contained in SECTION 2, page 4, by striking / fifteen / on line 16 and inserting / sixteen /, and by striking / sixteen / on line 17, and inserting / seventeen /.
Amend the bill further, Section 56-1-180, as contained in SECTION 4, page 6, by striking / sixteen / on line 14 and inserting / seventeen / and by striking / seventeen / on line 15, and inserting / eighteen /.
Amend the bill further, Section 56-1-40(1), as contained in SECTION 6, by striking SECTION 6 in its entirety, and inserting:
/ (1) who is under seventeen eighteen years of age, except that the department may issue a license to a sixteen-year-old who is licensed to drive pursuant to Section 56-1-175 after one year from the date of the issuance of the provisional license, if the driver has not been convicted of a point-assessable traffic offense posted to his driver's record during that period. However, the department may issue a conditional driver's license as provided in Section 56-1-175 to a person who is at least sixteen years of age and less than seventeen years of age and meets the requirements of that section, and a beginner's permit as provided in Section 56-1-50 to a person who is at least fifteen years of age and meets the requirements of that section. The department also may issue a special restricted driver's license to a person who is at least sixteen seventeen years of age and less than seventeen eighteen years of age as provided in Section 56-1-180 and meets the requirements of that section; /
Amend title to conform.
Rep. MEACHAM-RICHARDSON explained the amendment.
Rep. MEACHAM-RICHARDSON spoke in favor of the amendment.
Rep. KENNEDY moved to table the amendment.
Rep. MEACHAM-RICHARDSON demanded the yeas and nays, which were not ordered.
The amendment was then tabled by a division vote of 57 to 25.
Reps. TOWNSEND and RICE proposed the following Amendment No. 3A (Doc Name COUNCIL\GGS\AMEND\22341CM02), which was adopted:
Amend the bill, as and if amended, Section 56-5-3900, as contained in SECTION 8, by striking lines 39 through 43 on page 9, and inserting:
/ (5) the vehicle is being operated in an agricultural enterprise; or
(6) the vehicle is being operated in a county which has no incorporated area with a population greater than three thousand five hundred.; or
(7) the vehicle has a closed me
tal tailgate and is being operated less than thirty-six miles an hour. /
Renumber sections to conform.
Amend totals and title to conform.
Rep. RICE explained the amendment.
Rep. SCOTT moved to table the amendment, which was not agreed to by a division vote of 23 to 25.
The question then recurred to the adoption of the amendment.
Rep. SCOTT demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allen Allison Askins Barfield Battle Brown, G. Campsen Carnell Cato Chellis Clyburn Coleman Cooper Dantzler Davenport Delleney Easterday Freeman Frye Gilham Harrell Harrison Harvin Haskins Hayes Hinson Huggins Jennings Kennedy Kirsh Koon Leach Lee Limehouse Littlejohn Lucas Martin McCraw Meacham-Richardson Merrill Miller Neilson Phillips Rice Riser Rivers Robinson Rodgers Sandifer Scarborough Sharpe Sheheen Simrill Smith, D.C. Smith, F.N. Smith, J.R. Smith, W.D. Stuart Talley Thompson Townsend Tripp Trotter Walker Webb Whatley White Wilder Wilkins Young, A.
Those who voted in the negative are:
Bales Barrett Bingham Bowers Breeland Brown, J. Brown, R. Coates Cobb-Hunter Emory Fleming Hines, M. Hosey Keegan Kelley Klauber Lloyd Lourie Mack McLeod Moody-Lawrence Neal, J.H. Neal, J.M. Ott Owens Parks Perry Rhoad Rutherford Scott Smith, G.M. Smith, J.E. Taylor Vaughn Weeks Whipper Witherspoon
So, the amendment was adopted.
The SPEAKER granted Rep. KNOTTS a temporary leave of absence.
Rep. J. BROWN proposed the following Amendment No. 5A (Doc Name COUNCIL\BBM\AMEND\10754HTC02), which was tabled:
Amend the bill, as and if amended, page 9, by striking lines 33-42 and on page 10 by striking lines 1-5 and inserting:
/ (1) the child is secured or restrained by a seat belt manufactured in compliance with Federal Motor Vehicle Safety Standard No. 208, installed to support a load of not less than five thousand pounds for each belt, and of a type approved by the Department of Public Safety; or
(2) the vehicle is being operated in an organized hayride or parade pursuant to a valid permit. /
Amend title to conform.
Rep. J. BROWN explained the amendment.
Rep. TOWNSEND moved to table the amendment.
Rep. J. BROWN demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allison Askins Barfield Brown, G. Campsen Cato Chellis Cooper Dantzler Davenport Delleney Easterday Fleming Frye Gilham Harrell Harrison Harvin Haskins Hinson Huggins Kennedy Kirsh Klauber Koon Leach Limehouse Loftis Lucas Martin McCraw Meacham-Richardson Merrill Ott Perry Phillips Quinn Rhoad Rice Riser Robinson Sandifer Scarborough Smith, D.C. Smith, J.R. Stuart Talley Taylor Townsend Tripp Trotter Vaughn Walker Webb White Wilkins Witherspoon Young, A.
Those who voted in the negative are:
Altman Bales Barrett Battle Bingham Bowers Breeland Brown, J. Brown, R. Carnell Clyburn Cotty Emory Freeman Hayes Hines, M. Hosey Jennings Keegan Kelley Lloyd Lourie Mack McGee McLeod Miller Moody-Lawrence Neal, J.H. Neal, J.M. Neilson Parks Rivers Rutherford Scott Sharpe Sheheen Simrill Smith, G.M. Smith, J.E. Thompson Weeks Whipper Wilder
So, the amendment was tabled.
Rep. DELLENEY proposed the following Amendment No. 6A (Doc Name KRL\AMEND\123KRL02), which was adopted:
Amend the bill, as and if amended, by amending Section 56-5-3900(b) subsection (b)(5) to read / while hunting or in an agricultural enterprise. /.
Amend title to conform.
Rep. DELLENEY explained the amendment.
Rep. WITHERSPOON moved to table the amendment, which was not agreed to by a division vote of 12 to 67.
The amendment was then adopted.
Rep. DAVENPORT proposed the following Amendment No. 7A (Doc Name COUNCIL\SKB\AMEND\18204ZCW02), which was ruled out of order:
Amend the bill, as and if amended, by adding an appropriately numbered Section to read:
/ Section __. The 1976 Code is amended by adding:
"Section 56-1-860. Notwithstanding any other provision of law, a person who is at least seventeen years of age and not more than twenty-one years of age who is adjudicated guilty of speeding in excess of ten miles an hour over the posted speed limit or who is involved in a motor vehicle accident in which the person is at fault, must complete a defensive driving course."/
Renumber sections to conform.
Amend totals and title to conform.
Rep. DAVENPORT explained the amendment.
Rep. TOWNSEND raised the Point of Order that Amendment No. 7A was out of order in that it was not germane to the Bill.
SPEAKER WILKINS sustained the Point of Order and ruled the amendment out of order.
Rep. BALES proposed the following Amendment No. 8A (Doc Name COUNCIL\SKB\AMEND\18205ZCW02), which was tabled:
Amend the bill, as and if amended, by adding an appropriately numbered Section to read:
/ SECTION __. The 1976 Code is amended by adding:
"Section 56-1-870. Anyone possessing a restricted driver's license who has no traffic tickets and who is not involved in a motor vehicle accident in which the person is at fault, will upon reaching the age of sixteen have unrestricted driving privileges for commuting to work, school, or church; however, there must be no passengers under the age of twenty-one in the motor vehicle." /
Renumber sections to conform.
Amend totals and title to conform.
Rep. BALES explained the amendment.
Rep. TOWNSEND moved to table the amendment.
Rep. BALES demanded the yeas and nays, which were not ordered.
The amendment was then tabled by a division vote of 33 to 23.
The Senate amendments, as amended, were then agreed to and the Bill was ordered returned to the Senate.
The SPEAKER granted Rep. GILHAM a temporary leave of absence.
The Senate amendments to the following Bill were taken up for consideration:
H. 4351 (Word version) -- Rep. Fleming: A BILL TO REAPPORTION THE ELECTION DISTRICTS FROM WHICH MEMBERS OF THE UNION COUNTY SCHOOL DISTRICT ARE ELECTED.
The Senate amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The motion period was dispensed with on motion of Rep. FLEMING.
The following Bill was taken up:
S. 297 (Word version) -- Senators Moore, Drummond, McConnell, Reese, Land, Richardson, Waldrep, Leventis, Passailaigue, Giese, McGill, O'Dell, Alexander, Hayes, Ravenel, Martin, Ryberg, Rankin, Jackson, Glover, Patterson, Hutto, Matthews, Pinckney, Setzler, Holland, Short and Ritchie: A BILL TO AMEND TITLE 48, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENVIRONMENTAL PROTECTION AND CONSERVATION BY ADDING CHAPTER 59 ENACTING THE "SOUTH CAROLINA CONSERVATION BANK ACT" SO AS TO ESTABLISH THE SOUTH CAROLINA CONSERVATION BANK FOR THE PURPOSE OF MAKING GRANTS AND LOANS TO PUBLIC OR PRIVATE ENTITIES TO ACQUIRE INTERESTS IN REAL PROPERTY WORTHY OF CONSERVATION, TO PROVIDE FOR THE GOVERNANCE OF THE BANK, TO PROVIDE THOSE ENTITIES ELIGIBLE TO RECEIVE BANK GRANTS, TO ESTABLISH THE SOUTH CAROLINA CONSERVATION BANK TRUST FUND TO RECEIVE BANK REVENUES, AND TO PROVIDE THE CRITERIA WHICH THE BANK MUST USE IN JUDGING APPLICATIONS FOR GRANTS; TO ESTABLISH THE "CONSERVE SOUTH CAROLINA" MOTOR VEHICLE LICENSE PLATE AND PROVIDE THAT THE REVENUE OF THE EXTRA FEE FOR THIS PLATE MUST BE CREDITED TO THE TRUST FUND ESTABLISHED BY THIS ACT; TO PROVIDE THAT REVENUES OF THE STATE PORTION OF THE DEED RECORDING FEE CREDITED TO THE GENERAL FUND OF THE STATE IS INSTEAD CREDITED TO THE TRUST FUND ESTABLISHED BY THIS ACT AND PHASE IN THESE REVENUES OVER TWO FISCAL YEARS; TO EXEMPT FROM THE REQUIREMENT THAT PUBLIC ENTITIES CONVEYING A CONSERVATION EASEMENT HAVE THAT CONVEYANCE APPROVED BY THE ADVISORY BOARD OF THE HERITAGE TRUST PROGRAM CERTAIN EASEMENTS CONVEYED BY COUNTIES AND MUNICIPALITIES THAT INVOLVE GRANTS OR LOANS BY THE SOUTH CAROLINA CONSERVATION BANK; TO REPEAL CHAPTER 59, TITLE 48, ADDED BY THIS ACT AND THE REMAINING PROVISIONS OF THIS ACT JULY 1, 2012, UNLESS THESE PROVISIONS ARE REENACTED OR OTHERWISE EXTENDED BY THE GENERAL ASSEMBLY; AND TO PROVIDE FOR THE WINDING-UP OF THE AFFAIRS OF THE BANK.
Rep. ALTMAN proposed the following Amendment No. 5 (Doc Name COUNCIL\BBM\AMEND\10352HTC01), which was tabled:
Amend the bill, as and if amended, in Section 48-59-70, as contained in SECTION 1, by adding an appropriately lettered subsection at the end to read:
/ ( ) Before any trust fund monies may be spent to purchase conservation easements under this chapter, the governing bodies and school boards of each county and municipality in which that easement is to be located must give written consent by majority vote on each occasion. /
Amend title to conform.
Rep. ALTMAN spoke in favor of the amendment.
Rep. ALTMAN continued speaking.
Rep. SHEHEEN moved to table the amendment, which was agreed to by a division vote of 45 to 22.
Rep. PERRY proposed the following Amendment No. 6 (Doc Name COUNCIL\BBM\AMEND\10269HTC01), which was adopted:
Amend the bill, as and if amended, by striking Section 48-59-80(G)(1), as contained in SECTION 1 and inserting:
/ (1) two-thirds vote of the board, following a finding of fact that the land no longer exhibits the characteristic that qualified it for acquisition with funds from the trust fund, or an existing highway is in need of improvement; and /
Amend title to conform.
Rep. PERRY explained the amendment.
Rep. CAMPSEN spoke in favor of the amendment.
The amendment was then adopted.
Reps. COTTY, SHARPE, WILKINS, JENNINGS, W.D. SMITH, OTT, SHEHEEN, MERRILL, QUINN, J.R. SMITH, CAMPSEN and TALLEY proposed the following Amendment No. 8 (Doc Name COUNCIL\BBM\AMEND\10720HTC02):
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Title 48 of the 1976 Code is amended by adding:
Section 48-59-10. This chapter may be cited as the South Carolina Conservation Bank Act.
Section 48-59-20. The General Assembly finds that:
(1) South Carolina is experiencing rapid land development and economic growth which has benefited the state's people and economy, but has also led to the loss of forestlands, farmlands, wildlife habitats, outstanding natural areas, beaches and public areas for outdoor recreation; and has impacted the health of the state's streams, rivers, wetlands, estuaries, and bays, all of which impacts the quality of life of the state's current and future citizens and may jeopardize the well-being of the state's environment and economy if not addressed appropriately.
(2) This same rapid land development has also led to the loss of historical and archaeological sites that embody the heritage of human habitation in the State.
(3) Additionally, as urban areas expand and the separation of urban residents from open lands increases, there is a need to preserve greenways, open space, and parks in urban areas in order to promote balanced growth and promote the well-being and quality of life of our state's citizens.
(4) There is a critical need to fund the preservation of, and public access to, wildlife habitats, outstanding natural areas, sites of unique ecological significance, historical sites, forestlands, farmlands, watersheds, and open space, and urban parklands as an essential element in the orderly development of the State.
(5) The protection of open space by acquisition of interests in real property from willing sellers is essential to ensure that the State continues to enjoy the benefits of wildlife habitats, forestlands, farmlands, parks, historical sites, and healthy streams, rivers, bays, and estuaries; for recreational purposes, for scientific study, for aesthetic appreciation, for protection of critical water resources, to maintain the state's position as an attractive location for visitors and new industry, and to preserve the opportunities of future generations to access and benefit from the existence of the state's outstanding natural and historical sites.
(6) It is critical to encourage cooperation and innovative partnerships among landowners, state agencies, municipalities, and nonprofit organizations, which must work together in order to meet these objectives.
(7) In order to carry out these purposes, the State must establish an ongoing funding source to acquire interests in land from willing sellers that meets these objectives, and to ensure the orderly development of the State. To these ends, the General Assembly enacts the South Carolina Conservation Bank Act.
Section 48-59-30. As used in this chapter:
(1) 'Bank' means the South Carolina Conservation Bank.
(2) 'Board' means the governing board of the bank.
(3) 'Trust fund' means the South Carolina Conservation Bank Trust Fund established pursuant to Section 48-59-60.
(4) 'Eligible trust fund recipient' means:
(a) the following state agencies, which own and manage land for the land's natural resource, historical, and outdoor recreation values:
(i) South Carolina Department of Natural Resources,
(ii) South Carolina Forestry Commission, and
(iii) South Carolina Department of Parks, Recreation and Tourism.
(b) a municipality of this State and any agency, commission, or instrumentality of such a municipality; or
(c) a not-for-profit charitable corporation or trust authorized to do business in this State whose principal activity is the acquisition and management of interests in land for conservation or historic preservation purposes and which has tax-exempt status as a public charity under the Internal Revenue Code of 1986.
(5) 'Farmland' means land used for the production of food, fiber, or other agricultural products.
(6) 'Land' means real property, including highlands and wetlands of any description.
(7) 'Conservation easement' means an interest in real property as defined in Chapter 8 of Title 27, the South Carolina Conservation Easement Act of 1991.
(8) 'Interests in lands' means fee simple titles to lands or conservation easements.
Section 48-59-40. (A) There is established the South Carolina Conservation Bank. The bank is governed by a twelve-member board selected as follows:
(1) the Chairman of the Board for the Department of Natural Resources, the Chairman of the South Carolina Forestry Commission, and the Director of the South Carolina Department of Parks, Recreation and Tourism, all of whom shall serve ex officio and without voting privileges;
(2) three members appointed by the Governor from the state at large;
(3) three members appointed by the Speaker of the House of Representatives, one each from the third, fourth, and sixth congressional districts; and
(4) three members appointed by the President Pro Tempore of the Senate, one each from the first, second, and fifth congressional districts.
(B) Terms of board members are for four years and until their successors are appointed and qualify, except that the initial terms of each appointing official's appointees must be staggered with the initial term noted on the appointment. Regardless of the date of appointment, all terms expire on July first of the applicable year. Vacancies must be filled in the manner of original appointments for the unexpired portion of the term. Members shall serve without compensation, but may receive the mileage, subsistence, and per diem allowed by law for members of state boards, committees, and commissions. The board shall elect a chairman and other officers as necessary from its membership.
(C) Board members must recuse themselves from any vote in which they have a conflict of interest including, but not limited to, any vote affecting or providing funding for the acquisition of interests in land:
(1) on land owned or controlled by the board member, the board member's immediate family, or an entity the board member represents, works for, or in which the member has a voting or ownership interest;
(2) on land contiguous to land described in item (1) of this subsection; and
(3) by an eligible trust fund recipient that the board member represents, works for, or in which the member has a voting or ownership interest.
The provisions of this subsection are cumulative to and not in lieu of provisions of law or applicable rule relating to the ethics of public officers.
(D) The board shall meet at least twice annually in regularly scheduled meetings and in special meetings as the chairman may call. The bank is a public body and its records and meetings are public records and public meetings for purposes of Chapter 4 of Title 30, the Freedom of Information Act. All meetings shall be open to the public and allow for public input.
(E) Board members shall have no personal liability for any actions or refusals to act in their official capacity as long as such actions or refusals to act do not involve wilful or intentional malfeasance or recklessness.
Section 48-59-50. (A) The bank is established and authorized to:
(1) award grants to eligible trust fund recipients for the purchase of interests in land, so long as the grants advance the purposes of this chapter and meet criteria contained in Section 48-59-60;
(2) make loans to eligible trust fund recipients for the purchase of interests in land, at no interest or at an interest rate determined by the board, and under terms determined by the board, so long as the loans advance the purposes of this chapter and meet criteria contained in Section 48-59-60;
(3) apply for and receive additional funding for the trust fund from federal, private, and other sources, to be used as provided in this chapter;
(4) receive charitable contributions and donations to the trust fund, to be used as provided in this chapter; and
(5) receive contributions to the trust fund in satisfaction of any public or private obligation for environmental mitigation or habitat conservation, whether such obligation arises out of law, equity, contract, regulation, administrative proceeding, or judicial proceeding. Such contributions must be used as provided for in this chapter.
(6) exercise its discretion in determining what portion of trust funds shall be expended, awarded, or loaned in any particular year, and what portion of trust funds shall remain in the trust fund from one fiscal year to the next. Funds within the trust fund shall be invested or deposited into interest-bearing instruments or accounts, with the interest accruing and credited to the fund.
(B) To carry out its functions, the bank shall:
(1) operate a program in order to implement the purposes of this chapter;
(2) develop additional guidelines and prescribe procedures, consistent with the criteria and purposes of this chapter, as necessary to implement this chapter;
(3) submit an annual report to the Governor, Lieutenant Governor, and General Assembly that:
(a) accounts for trust fund receipts and dispersals;
(b) briefly describes applications submitted to the bank, and in greater detail describes grants and loans that were approved or funded during the current year, and the public benefits, including public access, resulting from such grants and loans;
(c) describes recipients of trust fund grants and loans; and
(d) sets forth a list and description of all grants and loans approved, and all acquisitions of land or interests in land obtained with trust funds since the bank's inception. The report shall include a map setting forth the location and size of all such protected lands.
(C) To operate the bank and carry out the purposes of this chapter the board shall hire an executive director, and may hire staff, contract for services, and enter into cooperative agreements with other state agencies. However, the bank may not contract for services that include land management or the enforcement of conservation easements, nor may the bank contract for services with an eligible trust fund recipient or nonprofit organization. Enforcement of conservation easements and management of interest in land acquired with trust funds are the sole responsibility of the owner or eligible trust fund recipient.
(D) Operating expenses of the bank must be paid out of the trust fund.
Section 48-59-60. To receive and hold revenues of the bank, there is created in the State Treasury separate and distinct from all other funds the South Carolina Conservation Bank Trust Fund. Earnings on the trust fund are retained in the trust fund and unexpended trust fund revenues at the end of a fiscal year are carried forward in the trust fund. The trust fund may receive revenues from any source the General Assembly may provide by law and from governmental grants and private gifts and bequests. Trust fund revenues may be used only as provided in this chapter.
Section 48-59-70. (A) An eligible trust fund recipient may apply for a grant or loan from the trust fund to acquire a specific interest in land identified in its application. An application must not be submitted to the board without the written consent of the owner of the interest in land identified in the application. Contiguous landowners and other interested parties may submit in writing to the board their views in support of or in opposition to the application. Based on a review of these submissions, or in any instance where the board determines the public interest so requires, it may hold a public hearing on the application at which the eligible trust fund recipient, contiguous landowners, and other interested parties may be heard. The board shall conduct a public hearing on an application before awarding a grant or loan pursuant to the application.
(B) Before applying for trust funds for the purchase of an interest in land, the eligible trust fund recipient receiving the funds must notify the owner of the land that is the subject of the trust fund grant or loan of the following in writing:
(1) that interests in land purchased with trust funds result in a permanent conveyance of such interests in land from the landowner to the eligible trust fund recipient or its assigns; and
(2) that it may be in the landowner's interest to retain independent legal counsel, appraisals, and other professional advice.
The application must contain an affirmation that the notice requirement of this subsection has been met.
(C) Grants and loans from the trust fund must be awarded based upon the conservation criteria contained in subsection (D) and the financial criteria contained in subsection (E). In each application the qualifying entity must provide information regarding how the proposal meets one or more of the following criteria and advances the purposes of the bank.
(D) For purposes of this chapter, conservation criteria include:
(1) the value of the proposal for the conservation of unique or important wildlife habitat;
(2) the value of the proposal for the conservation of any rare or endangered species;
(3) the value of the proposal for the conservation of a relatively undisturbed or outstanding example of an ecosystem indigenous to South Carolina;
(4) the value of the proposal for the conservation of riparian habitats, wetlands, water quality, watersheds of significant ecological value, critical aquifer recharge areas, estuaries, bays or beaches;
(5) the value of the proposal for the conservation of outstanding geologic features;
(6) the value of the proposal for the conservation of a site of unique historical or archaeological significance;
(7) the value of the proposal for the conservation of an area of critical, forestlands, farmlands, or wetlands;
(8) the value of the proposal for the conservation of an area of forestlands or farmlands which are located on prime soils, in microclimates or have strategic geographical significances;
(9) the value of the proposal for the conservation of an area for public outdoor recreation, greenways, or parkland;
(10) the value of the proposal for the conservation of a larger area or ecosystem already containing protected lands, or as a connection between natural habitats or open space that are already protected;
(11) the value of the proposal for the amount of land protected;
(12) the value of the proposal for the unique opportunity it presents to accomplish one or more of the criteria contained in this subsection, where the same or a similar opportunity is unlikely to present itself in the future.
(E) For purposes of this chapter, financial criteria include:
(1) the degree to which the proposal presents a unique value opportunity in that it protects land at a reasonable cost;
(2) the degree to which the proposal leverages trust funds by including funding or in-kind assets or services from other governmental sources;
(3) the degree to which the proposal leverages trust funds by including funding or in-kind assets or services from private or nonprofit sources, or charitable donations of land or conservation easements;
(4) the degree to which the proposal leverages trust funds by purchasing conservation easements that preserve land at a cost that is low relative to the fair market value of the fee simple title of the land preserved; and
(5) the degree to which other conservation incentives and means of conservation, such as donated conservation easements or participation in other governmental programs, have been explored, applied for, secured, or exhausted.
(F) The board shall evaluate each proposal according to the conservation criteria listed in subsection (D), the financial criteria listed in subsection (E) and the extent to which the proposal provides public access for hunting, fishing, outdoor recreational activities and other forms of public access. The board shall award grants or loans on the basis of how well proposals meet these three criteria.
(G) For each grant or loan application the applicant shall specify:
(1) the purpose of the application;
(2) how the application satisfies criteria listed in subsections (D), (E), and (F);
(3) the uses to which the land will be put;
(4) the extent to which hunting, fishing, or other forms of outdoor recreation will be conducted upon the land;
(5) the extent to which farming, forestry, timber management, or wildlife habitat management will be conducted upon the land;
(6) the party responsible for managing and maintaining the land;
(7) the parties responsible for enforcing any conservation easements or other restrictions upon the land;
(8) the extent to which the public is afforded access on the land.
(H) Where an eligible trust fund recipient seeks a trust fund grant or loan to acquire fee simple title to land, it must demonstrate both the expertise and financial resources to manage the land for the purposes set forth in its application. Where an eligible trust fund recipient seeks a trust fund grant or loan to acquire a conservation easement, it must demonstrate both the expertise and financial resources to manage and enforce the restrictions placed upon the land for the purposes set forth in its application. The board shall evaluate each proposal to determine the qualifications of the proposed managing party and to determine whether the proposed management is consistent with the purposes of the bank and the purposes set forth in the application.
(I) An eligible trust fund recipient seeking a grant or loan from the trust fund must:
(1) demonstrate that it is able to complete the project and acquire the interests in land proposedd;
(2) indicate the total number of acres of land it has preserved in the State; and
(3) briefly describe the lands it has preserved in the state, including their size, location, and method of preservation. The reporting requirement of this subsection need not be complied with for specific preserved lands when in the grant or loan applicant's discretion, or in the discretion of the owners of such preserved lands, the privacy or proprietary interests of the owners of such preserved lands would be violated.
(J) Partnerships, matching contributions, management agreements, management leases, and similar collaborations among state agencies, the federal government, eligible trust fund recipients, and local governments, boards, and commissions may be encouraged to fulfill the requirements of this section and promote the objectives of this chapter.
(K) No matching funds or other contributions are required to receive grants or loans from the trust fund. However, the board shall encourage matching funds and other contributions by weighing the degree to which applications meet the criteria of subsection (E)(2) and (3) when determining which proposals to fund.
(L)(1) The board may authorize up to ten percent of the monies credited to the trust fund during the preceding fiscal year to acquire interests in land that solely or primarily meet the criteria of subsection (D)(6) of this section. No other monies in the trust fund may be awarded to applicants for the acquisition of interests in land that meet the criteria of (D)(6) unless the application also satisfies other criteria contained in subsection (D) in a substantial way.
(2) The board shall authorize at least ten percent of the monies credited to the trust fund during the preceding fiscal year for the acquisition of interests in land that provides public access. To the extent the ten percent authorization required by this item is not met in any particular year, the balance must be carried over and used for acquisition of interests in land that provide public access in ensuing years.
(M) The board only may authorize grants or loans to purchase interests in lands at fair market value. In no cases may funds from the trust fund be used to acquire interests in lands at a price that exceeds the fair market value of the interest being acquired. However, trust funds may be used to acquire interests in land at below fair market value, but only if the owner of the interest consents and in writing to sell at below fair market value. The board must establish reasonable procedures to document the fair market value of interests in lands and to ensure that the purchase price does not exceed the fair market value. The board shall promulgate regulations pursuant to Chapter 23 of Title 1, the Administrative Procedures Act, that provide for the procurement of appraisal services and for the procedure and process in those cases where a discrepancy of ten percent or more arises between the determination of fair market value obtained by the board and that provided by the owner or others interested in the subject land or interest in land. The board must also establish reasonable procedures to ensure the confidentiality of appraisals before the award of a grant or loan, and the subsequent acquisition of interests in lands obtained with such grant or loan.
(N) In awarding a grant or loan from the trust fund the board shall set forth findings that indicate:
(1) how the application satisfies the purposes of this chapter, and the criteria and other considerations set forth in this section;
(2) the purpose of the award and the use to which the land will be put;
(3) the extent to which public access, hunting, fishing, or other forms of outdoor recreation will be conducted upon the land;
(4) the extent to which farming, forestry, timber management, or wildlife habitat management will be conducted upon the land;
(5) the party responsible for managing and maintaining the land;
(6) the party responsible for enforcing any easements or other restrictions upon the land;
(7) the parties designated in items (5) and (6) possess the expertise and financial resources to fulfill their obligations; and
(8) any other findings or information relevant to the award.
(O)(1) Trust funds may not be used to acquire interest in land downzoned within three years of the application unless the interest is sold for the predownzoning value or current value, whichever is greater. However, this requirement is waived if the owner of the downzoned property agrees to accept a lesser amount.
(2) If the owner of an interest in land which is the subject of an application for acquisition with trust funds proves to the satisfaction of the board that intentional and improper acts of planning, zoning, or other regulatory officials resulted in substantial delay or denial of a lawful permit or permission to develop the interest in land and the permit or permission was requested by the owner before the application, then the value of the interest in land is deemed to be its value as if those permits or permissions were granted unless the owner of the interest agrees to a lesser value in writing. An owner aggrieved by the decision of the board with respect to this item may appeal to the Administrative Law Judge Division where the matter must be heard as a contested case.
Section 48-59-80. (A) The interests in lands acquired with funds from the trust fund must be held by an eligible trust fund recipient.
(B) The bank may not hold or possess any interest in land or other interest in real property, except for mortgage interests as security for loans made from the trust fund as provided for in subsection (J), and leasehold interests in office space secured for bank operations and staff.
(C) The bank and eligible trust fund recipients receiving monies from the trust fund shall retain all records of acquisition of interests in land with trust funds including, but not limited to, surveys, inventories, appraisals, title and title insurance policies, environmental assessments, closing documents, and contracts.
(D) The bank must be named as an insured on a title insurance policy acceptable to the board and obtained by the loan recipient for loans it makes to eligible trust fund recipients. The bank must be indemnified as to title in the amount of any grants it makes to eligible trust fund recipients, and this indemnification must be secured by a title insurance policy acceptable to the board and obtained by the grant recipient. These requirements for title insurance and indemnification as to title may be waived by the board in extraordinary cases where insurable title is unobtainable, the risk of adverse claims to title are small, the land in question presents a particularly valuable conservation opportunity according to the purposes of this chapter and the criteria of Section 48-59-70, and the cost of the interest in land acquired reflects the lack of insurable title.
(E) In order to identify potential liability pursuant to applicable state or federal environmental law or regulation, an environmental hazard assessment must be conducted on lands before the disbursement of trust funds for the acquisition of an interest in such lands.
(F) All interests in lands acquired with trust funds must be held by the eligible trust fund recipient that was approved by the board to acquire the interest in land, except that an interest in land obtained with trust fund money may be assigned from one eligible trust fund recipient to another upon approval of the board by majority vote.
(G)(1) The owner of the fee simple title to property upon which a conservation easement was purchased with trust funds, whether the original owner that conveyed the conservation easement or a successor-in-interest, may reacquire and thereby extinguish the conservation easement if that owner or successor-in-interest determines that the conservation easement no longer exhibits the characteristics that qualified it for acquisition with trust funds and the board, by a majority vote, makes a finding of fact agreeing with that contention. For purposes of this reacquisition, the value of the conservation easement is its fair market value, as determined by current appraisal. The owner of the fee simple title to the subject property or an eligible trust fund recipient aggrieved by the decision of the board under this item may appeal to the Administrative Law Judge Division where the matter must be heard as a contested case.
(2) If an eligible trust fund recipient acquires fee simple title to land for conservation purposes with trust funds, that land may not be sold, transferred, assigned, alienated, or converted to a use other than the use set forth in the grant or loan award. However, if the eligible trust fund recipient: (a) determines that the land no longer exhibits the characteristics that qualified it for acquisition with trust funds; and (b) the board by a majority vote, makes a finding of fact agreeing with that contention; then the land may be sold, transferred, assigned, alienated, or converted to another use at its fair market value as determined by current appraisal. An eligible trust fund recipient aggrieved by the decision of the board under this item may appeal to the Administrative Law Judge Division where the matter must be heard as a contested case.
(H) If any interests in lands that have been acquired by an eligible trust fund recipient with trust funds are extinguished, sold, transferred, assigned, alienated, or converted pursuant to subsection (G) of this section, the eligible trust fund recipient extinguishing, selling, transferring, assigning, alienating, or converting the interests in land shall replace them with interests in land of substantially equal current fair market value, with any deficit being made up by contribution to the trust fund. The replacement land must also exhibit characteristics that meet the criteria of this chapter. The board must verify that suitable replacement interests in lands have been identified and will be obtained before authorizing that any interest in land purchased with monies from the trust fund be extinguished, sold, transferred, assigned, alienated, or converted. Where replacement in whole or in part is impossible, funds realized which are not used for replacement interests in land must be credited to the trust fund. Where funding for an original acquisition was from multiple sources, funds realized must be credited to the trust fund under this subsection in proportion to the contribution that trust funds made to the original acquisition.
(I) Interests in land acquired with trust funds must be managed and maintained in order to perpetuate the conservation, natural, historical, open space, and recreational uses or values for which they were originally acquired. Uses which are adverse to the original purposes for which the interests in land were acquired with trust funds are not permitted without securing a:
(1) two-thirds vote of the board, following a finding of fact that the land no longer exhibits the characteristics that qualified it for acquisition with funds from the fund; and
(2) majority vote of the State Budget and Control Board.
(J) Loans made from the trust fund must be secured by mortgages upon the subject properties. Any funds received from foreclosure proceedings upon these mortgages must be deposited in the trust fund for subsequent distribution as grants or loans according to the provisions of this chapter. Notwithstanding the provisions of subsection (B), the bank may accept a deed in lieu of foreclosure or as a result of foreclosure proceedings, for land in which it held a mortgage interest by virtue of awarding a loan as provided for in this chapter. However, upon receiving such a deed the bank must as soon as practicable either transfer the property to an appropriate eligible trust fund recipient, or sell the land and deposit the proceeds in the trust fund for subsequent distribution as grants or loans according to the provisions of this chapter. If the bank sells the land, it may first donate a conservation easement upon the land to an eligible trust fund recipient before the sale.
(K) Where a trust fund grant is used to acquire fee simple title to land, public access, and use of the land must be permitted, with this access and use being subject only to those rules, regulations, permits, or fees as are reasonable and consistent with the conservation purposes for which the land was acquired.
(L) Notwithstanding any other provision of this chapter, including requirements for board approval for disposing of interests in land acquired with trust funds, an interest in land acquired with trust funds may be condemned under Chapter 2 of Title 28, the South Carolina Eminent Domain Procedures Act. The proceeds from any such condemnation proceeding must be credited to the trust fund in proportion to the contribution that trust funds made to the original acquisition.
Section 48-59-90. Funds from the trust fund may not be used to acquire interests in lands or other interests in real property through the exercise of any power of eminent domain or condemnation proceeding.
Section 48-59-95. Trust funds may be used only by eligible trust fund recipients for the acquisition of interests in land, including closing costs. Trust funds may not be used to pay general operating expenses of eligible trust fund recipients, nor may trust funds be used for the management or maintenance of acquired interests in land. Trust funds only may be dispersed at the closing of transactions in which an interest in land is acquired.
Section 48-59-100. Neither this section nor Section 48-59-90 may be repealed, amended, or otherwise modified except by an affirmative two-thirds vote of the total membership of both the House of Representatives and the Senate.
Section 48-59-110. The provisions of this chapter must not be construed to eliminate or unreasonably restrict hunting, fishing, farming, forestry, timber management, or wildlife habitat management, as regulated by the laws of this State, upon lands for which interests in lands are obtained pursuant to this chapter. These and other traditional and compatible activities may be conducted, where appropriate, upon lands preserved with trust funds.
Section 49-59-120. When trust funds are used to purchase a conservation easement on land, the conservation easement will be the controlling legal document regarding what is and what is not permitted upon the land, how the land will be preserved, and what rights are vested with the eligible trust fund recipient or its assigns which hold the conservation easement. If any inconsistencies or ambiguities arise between the provisions of this chapter and the terms and conditions of a conservation easement purchased with trust funds, the terms and conditions of the conservation easement must prevail. The board must exercise due diligence to assure the terms and conditions of conservation easements are consistent with the purposes of this chapter before disbursing trust funds for the purchase of such conservation easements."
SECTION 2. (A) The Department of Public Safety may issue special motor vehicle license plates to owners of private passenger-carrying motor vehicles or light pickups having an empty weight of six thousand pounds or less and a gross weight of nine thousand pounds or less registered in their names which shall have imprinted on the plate "Conserve South Carolina" and which may have an emblem, a seal, logo, or other symbol of the South Carolina Conservation Bank. The South Carolina Conservation Bank shall submit to the department for its approval the emblem, seal, logo, or other symbol it desires to be used for this special license plate. The South Carolina Conservation Bank may request a change in the emblem, seal, logo, or other symbol not more than once every five years. The fee for this special license plate is initially forty-eight dollars every two years in addition to the regular motor vehicle registration fee set forth in Article 5, Chapter 3, Title 56 of the 1976 Code. However, the South Carolina Conservation Bank may in its discretion alter the fee no more frequently than once every two years, and must notify the department of changes in the fee. This special license plate must be of the same size and general design of regular motor vehicle license plates. The special license plates must be issued or revalidated for a biennial period which expires twenty-four months from the month they are issued.
(B) The fees collected pursuant to this section must be credited to the South Carolina Conservation Bank Trust Fund established pursuant to Section 48-59-60 of the 1976 Code.
(C) The provisions of Section 56-3-8100 of the 1976 Code apply to the license plate authorized by this section.
SECTION 3. Notwithstanding the provisions of Section 12-24-90(B)(3) of the 1976 Code, effective July 1, 2003, twenty-five cents of the one dollar thirty cent state deed recording fee must be credited to the South Carolina Conservation Bank Trust Fund.
SECTION 4. The provisions of Section 27-8-30(E)(3) of the 1976 Code do not apply to an easement conveyed by a county or municipality if the county or municipality is compensated for the easement from the Conservation Bank Trust Fund under Chapter 59 of Title 48 of the 1976 Code, or if the donation of an easement by a municipality or county is an integral part of a larger proposal for which a grant or loan is made from the Conservation Bank Trust Fund under Chapter 59 of Title 48 of the 1976 Code.
SECTION 5. Chapter 59, Title 48 of the 1976 Code and Sections 2 through 4 of this act are repealed effective July 1, 2013, unless reenacted or otherwise extended by the General Assembly. However, the South Carolina Conservation Bank established by this act may continue to operate as if Chapter 59, Title 49 of the 1976 Code was not repealed until the South Carolina Conservation Bank Trust Fund is exhausted or July 1, 2016, whichever first occurs. Any balance in that trust fund on July 1, 2016, reverts to the general fund of the State. Repeal does not affect any rights, obligations, liabilities, or debts due the South Carolina Conservation Bank. For these purposes, after the bank's termination, the State Budget and Control Board is the bank's successor, except that, after the bank's termination, the board's voting rights provided in the former provisions of Section 48-59-80(F), (G), (H), and (I) of the 1976 Code are devolved upon the Department of Natural Resources Board, and any contribution to the trust fund required pursuant to the former provisions of Section 48-59-80(H) of the 1976 Code must be made to the Heritage Trust Program.
SECTION 6. This act takes effect upon approval by the Governor. /
Amend title to conform.
Rep. COTTY explained the amendment.
Rep. COTTY spoke in favor of the amendment.
Rep. PERRY spoke against the amendment.
Rep. FLEMING moved that the House recede until 2:15 p.m., which was agreed to.
Further proceedings were interrupted by the House receding, the pending question being consideration of Amendment No. 8.
At 2:15 p.m. the House resumed, the SPEAKER in the Chair.
The question of a quorum was raised.
A quorum was later present.
Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 8:
S. 297 (Word version) -- Senators Moore, Drummond, McConnell, Reese, Land, Richardson, Waldrep, Leventis, Passailaigue, Giese, McGill, O'Dell, Alexander, Hayes, Ravenel, Martin, Ryberg, Rankin, Jackson, Glover, Patterson, Hutto, Matthews, Pinckney, Setzler, Holland, Short and Ritchie: A BILL TO AMEND TITLE 48, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENVIRONMENTAL PROTECTION AND CONSERVATION BY ADDING CHAPTER 59 ENACTING THE "SOUTH CAROLINA CONSERVATION BANK ACT" SO AS TO ESTABLISH THE SOUTH CAROLINA CONSERVATION BANK FOR THE PURPOSE OF MAKING GRANTS AND LOANS TO PUBLIC OR PRIVATE ENTITIES TO ACQUIRE INTERESTS IN REAL PROPERTY WORTHY OF CONSERVATION, TO PROVIDE FOR THE GOVERNANCE OF THE BANK, TO PROVIDE THOSE ENTITIES ELIGIBLE TO RECEIVE BANK GRANTS, TO ESTABLISH THE SOUTH CAROLINA CONSERVATION BANK TRUST FUND TO RECEIVE BANK REVENUES, AND TO PROVIDE THE CRITERIA WHICH THE BANK MUST USE IN JUDGING APPLICATIONS FOR GRANTS; TO ESTABLISH THE "CONSERVE SOUTH CAROLINA" MOTOR VEHICLE LICENSE PLATE AND PROVIDE THAT THE REVENUE OF THE EXTRA FEE FOR THIS PLATE MUST BE CREDITED TO THE TRUST FUND ESTABLISHED BY THIS ACT; TO PROVIDE THAT REVENUES OF THE STATE PORTION OF THE DEED RECORDING FEE CREDITED TO THE GENERAL FUND OF THE STATE IS INSTEAD CREDITED TO THE TRUST FUND ESTABLISHED BY THIS ACT AND PHASE IN THESE REVENUES OVER TWO FISCAL YEARS; TO EXEMPT FROM THE REQUIREMENT THAT PUBLIC ENTITIES CONVEYING A CONSERVATION EASEMENT HAVE THAT CONVEYANCE APPROVED BY THE ADVISORY BOARD OF THE HERITAGE TRUST PROGRAM CERTAIN EASEMENTS CONVEYED BY COUNTIES AND MUNICIPALITIES THAT INVOLVE GRANTS OR LOANS BY THE SOUTH CAROLINA CONSERVATION BANK; TO REPEAL CHAPTER 59, TITLE 48, ADDED BY THIS ACT AND THE REMAINING PROVISIONS OF THIS ACT JULY 1, 2012, UNLESS THESE PROVISIONS ARE REENACTED OR OTHERWISE EXTENDED BY THE GENERAL ASSEMBLY; AND TO PROVIDE FOR THE WINDING-UP OF THE AFFAIRS OF THE BANK.
Reps. COTTY, SHARPE, WILKINS, JENNINGS, W.D. SMITH, OTT, SHEHEEN, MERRILL, QUINN, J.R. SMITH, CAMPSEN and TALLEY proposed the following Amendment No. 8 (Doc Name COUNCIL\BBM\AMEND\10720HTC02), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Title 48 of the 1976 Code is amended by adding:
Section 48-59-10. This chapter may be cited as the South Carolina Conservation Bank Act.
Section 48-59-20. The General Assembly finds that:
(1) South Carolina is experiencing rapid land development and economic growth which has benefited the state's people and economy, but has also led to the loss of forestlands, farmlands, wildlife habitats, outstanding natural areas, beaches and public areas for outdoor recreation; and has impacted the health of the state's streams, rivers, wetlands, estuaries, and bays, all of which impacts the quality of life of the state's current and future citizens and may jeopardize the well-being of the state's environment and economy if not addressed appropriately.
(2) This same rapid land development has also led to the loss of historical and archaeological sites that embody the heritage of human habitation in the State.
(3) Additionally, as urban areas expand and the separation of urban residents from open lands increases, there is a need to preserve greenways, open space, and parks in urban areas in order to promote balanced growth and promote the well-being and quality of life of our state's citizens.
(4) There is a critical need to fund the preservation of, and public access to, wildlife habitats, outstanding natural areas, sites of unique ecological significance, historical sites, forestlands, farmlands, watersheds, and open space, and urban parklands as an essential element in the orderly development of the State.
(5) The protection of open space by acquisition of interests in real property from willing sellers is essential to ensure that the State continues to enjoy the benefits of wildlife habitats, forestlands, farmlands, parks, historical sites, and healthy streams, rivers, bays, and estuaries; for recreational purposes, for scientific study, for aesthetic appreciation, for protection of critical water resources, to maintain the state's position as an attractive location for visitors and new industry, and to preserve the opportunities of future generations to access and benefit from the existence of the state's outstanding natural and historical sites.
(6) It is critical to encourage cooperation and innovative partnerships among landowners, state agencies, municipalities, and nonprofit organizations, which must work together in order to meet these objectives.
(7) In order to carry out these purposes, the State must establish an ongoing funding source to acquire interests in land from willing sellers that meets these objectives, and to ensure the orderly development of the State. To these ends, the General Assembly enacts the South Carolina Conservation Bank Act.
Section 48-59-30. As used in this chapter:
(1) 'Bank' means the South Carolina Conservation Bank.
(2) 'Board' means the governing board of the bank.
(3) 'Trust fund' means the South Carolina Conservation Bank Trust Fund established pursuant to Section 48-59-60.
(4) 'Eligible trust fund recipient' means:
(a) the following state agencies, which own and manage land for the land's natural resource, historical, and outdoor recreation values:
(i) South Carolina Department of Natural Resources,
(ii) South Carolina Forestry Commission, and
(iii) South Carolina Department of Parks, Recreation and Tourism.
(b) a municipality of this State and any agency, commission, or instrumentality of such a municipality; or
(c) a not-for-profit charitable corporation or trust authorized to do business in this State whose principal activity is the acquisition and management of interests in land for conservation or historic preservation purposes and which has tax-exempt status as a public charity under the Internal Revenue Code of 1986.
(5) 'Farmland' means land used for the production of food, fiber, or other agricultural products.
(6) 'Land' means real property, including highlands and wetlands of any description.
(7) 'Conservation easement' means an interest in real property as defined in Chapter 8 of Title 27, the South Carolina Conservation Easement Act of 1991.
(8) 'Interests in lands' means fee simple titles to lands or conservation easements.
Section 48-59-40. (A) There is established the South Carolina Conservation Bank. The bank is governed by a twelve-member board selected as follows:
(1) the Chairman of the Board for the Department of Natural Resources, the Chairman of the South Carolina Forestry Commission, and the Director of the South Carolina Department of Parks, Recreation and Tourism, all of whom shall serve ex officio and without voting privileges;
(2) three members appointed by the Governor from the state at large;
(3) three members appointed by the Speaker of the House of Representatives, one each from the third, fourth, and sixth congressional districts; and
(4) three members appointed by the President Pro Tempore of the Senate, one each from the first, second, and fifth congressional districts.
(B) Terms of board members are for four years and until their successors are appointed and qualify, except that the initial terms of each appointing official's appointees must be staggered with the initial term noted on the appointment. Regardless of the date of appointment, all terms expire on July first of the applicable year. Vacancies must be filled in the manner of original appointments for the unexpired portion of the term. Members shall serve without compensation, but may receive the mileage, subsistence, and per diem allowed by law for members of state boards, committees, and commissions. The board shall elect a chairman and other officers as necessary from its membership.
(C) Board members must recuse themselves from any vote in which they have a conflict of interest including, but not limited to, any vote affecting or providing funding for the acquisition of interests in land:
(1) on land owned or controlled by the board member, the board member's immediate family, or an entity the board member represents, works for, or in which the member has a voting or ownership interest;
(2) on land contiguous to land described in item (1) of this subsection; and
(3) by an eligible trust fund recipient that the board member represents, works for, or in which the member has a voting or ownership interest.
The provisions of this subsection are cumulative to and not in lieu of provisions of law or applicable rule relating to the ethics of public officers.
(D) The board shall meet at least twice annually in regularly scheduled meetings and in special meetings as the chairman may call. The bank is a public body and its records and meetings are public records and public meetings for purposes of Chapter 4 of Title 30, the Freedom of Information Act. All meetings shall be open to the public and allow for public input.
(E) Board members shall have no personal liability for any actions or refusals to act in their official capacity as long as such actions or refusals to act do not involve wilful or intentional malfeasance or recklessness.
Section 48-59-50. (A) The bank is established and authorized to:
(1) award grants to eligible trust fund recipients for the purchase of interests in land, so long as the grants advance the purposes of this chapter and meet criteria contained in Section 48-59-60;
(2) make loans to eligible trust fund recipients for the purchase of interests in land, at no interest or at an interest rate determined by the board, and under terms determined by the board, so long as the loans advance the purposes of this chapter and meet criteria contained in Section 48-59-60;
(3) apply for and receive additional funding for the trust fund from federal, private, and other sources, to be used as provided in this chapter;
(4) receive charitable contributions and donations to the trust fund, to be used as provided in this chapter; and
(5) receive contributions to the trust fund in satisfaction of any public or private obligation for environmental mitigation or habitat conservation, whether such obligation arises out of law, equity, contract, regulation, administrative proceeding, or judicial proceeding. Such contributions must be used as provided for in this chapter.
(6) exercise its discretion in determining what portion of trust funds shall be expended, awarded, or loaned in any particular year, and what portion of trust funds shall remain in the trust fund from one fiscal year to the next. Funds within the trust fund shall be invested or deposited into interest-bearing instruments or accounts, with the interest accruing and credited to the fund.
(B) To carry out its functions, the bank shall:
(1) operate a program in order to implement the purposes of this chapter;
(2) develop additional guidelines and prescribe procedures, consistent with the criteria and purposes of this chapter, as necessary to implement this chapter;
(3) submit an annual report to the Governor, Lieutenant Governor, and General Assembly that:
(a) accounts for trust fund receipts and dispersals;
(b) briefly describes applications submitted to the bank, and in greater detail describes grants and loans that were approved or funded during the current year, and the public benefits, including public access, resulting from such grants and loans;
(c) describes recipients of trust fund grants and loans; and
(d) sets forth a list and description of all grants and loans approved, and all acquisitions of land or interests in land obtained with trust funds since the bank's inception. The report shall include a map setting forth the location and size of all such protected lands.
(C) To operate the bank and carry out the purposes of this chapter the board shall hire an executive director, and may hire staff, contract for services, and enter into cooperative agreements with other state agencies. However, the bank may not contract for services that include land management or the enforcement of conservation easements, nor may the bank contract for services with an eligible trust fund recipient or nonprofit organization. Enforcement of conservation easements and management of interest in land acquired with trust funds are the sole responsibility of the owner or eligible trust fund recipient.
(D) Operating expenses of the bank must be paid out of the trust fund.
Section 48-59-60. To receive and hold revenues of the bank, there is created in the State Treasury separate and distinct from all other funds the South Carolina Conservation Bank Trust Fund. Earnings on the trust fund are retained in the trust fund and unexpended trust fund revenues at the end of a fiscal year are carried forward in the trust fund. The trust fund may receive revenues from any source the General Assembly may provide by law and from governmental grants and private gifts and bequests. Trust fund revenues may be used only as provided in this chapter.
Section 48-59-70. (A) An eligible trust fund recipient may apply for a grant or loan from the trust fund to acquire a specific interest in land identified in its application. An application must not be submitted to the board without the written consent of the owner of the interest in land identified in the application. Contiguous landowners and other interested parties may submit in writing to the board their views in support of or in opposition to the application. Based on a review of these submissions, or in any instance where the board determines the public interest so requires, it may hold a public hearing on the application at which the eligible trust fund recipient, contiguous landowners, and other interested parties may be heard. The board shall conduct a public hearing on an application before awarding a grant or loan pursuant to the application.
(B) Before applying for trust funds for the purchase of an interest in land, the eligible trust fund recipient receiving the funds must notify the owner of the land that is the subject of the trust fund grant or loan of the following in writing:
(1) that interests in land purchased with trust funds result in a permanent conveyance of such interests in land from the landowner to the eligible trust fund recipient or its assigns; and
(2) that it may be in the landowner's interest to retain independent legal counsel, appraisals, and other professional advice.
The application must contain an affirmation that the notice requirement of this subsection has been met.
(C) Grants and loans from the trust fund must be awarded based upon the conservation criteria contained in subsection (D) and the financial criteria contained in subsection (E). In each application the qualifying entity must provide information regarding how the proposal meets one or more of the following criteria and advances the purposes of the bank.
(D) For purposes of this chapter, conservation criteria include:
(1) the value of the proposal for the conservation of unique or important wildlife habitat;
(2) the value of the proposal for the conservation of any rare or endangered species;
(3) the value of the proposal for the conservation of a relatively undisturbed or outstanding example of an ecosystem indigenous to South Carolina;
(4) the value of the proposal for the conservation of riparian habitats, wetlands, water quality, watersheds of significant ecological value, critical aquifer recharge areas, estuaries, bays or beaches;
(5) the value of the proposal for the conservation of outstanding geologic features;
(6) the value of the proposal for the conservation of a site of unique historical or archaeological significance;
(7) the value of the proposal for the conservation of an area of critical, forestlands, farmlands, or wetlands;
(8) the value of the proposal for the conservation of an area of forestlands or farmlands which are located on prime soils, in microclimates or have strategic geographical significances;
(9) the value of the proposal for the conservation of an area for public outdoor recreation, greenways, or parkland;
(10) the value of the proposal for the conservation of a larger area or ecosystem already containing protected lands, or as a connection between natural habitats or open space that are already protected;
(11) the value of the proposal for the amount of land protected;
(12) the value of the proposal for the unique opportunity it presents to accomplish one or more of the criteria contained in this subsection, where the same or a similar opportunity is unlikely to present itself in the future.
(E) For purposes of this chapter, financial criteria include:
(1) the degree to which the proposal presents a unique value opportunity in that it protects land at a reasonable cost;
(2) the degree to which the proposal leverages trust funds by including funding or in-kind assets or services from other governmental sources;
(3) the degree to which the proposal leverages trust funds by including funding or in-kind assets or services from private or nonprofit sources, or charitable donations of land or conservation easements;
(4) the degree to which the proposal leverages trust funds by purchasing conservation easements that preserve land at a cost that is low relative to the fair market value of the fee simple title of the land preserved; and
(5) the degree to which other conservation incentives and means of conservation, such as donated conservation easements or participation in other governmental programs, have been explored, applied for, secured, or exhausted.
(F) The board shall evaluate each proposal according to the conservation criteria listed in subsection (D), the financial criteria listed in subsection (E) and the extent to which the proposal provides public access for hunting, fishing, outdoor recreational activities and other forms of public access. The board shall award grants or loans on the basis of how well proposals meet these three criteria.
(G) For each grant or loan application the applicant shall specify:
(1) the purpose of the application;
(2) how the application satisfies criteria listed in subsections (D), (E), and (F);
(3) the uses to which the land will be put;
(4) the extent to which hunting, fishing, or other forms of outdoor recreation will be conducted upon the land;
(5) the extent to which farming, forestry, timber management, or wildlife habitat management will be conducted upon the land;
(6) the party responsible for managing and maintaining the land;
(7) the parties responsible for enforcing any conservation easements or other restrictions upon the land;
(8) the extent to which the public is afforded access on the land.
(H) Where an eligible trust fund recipient seeks a trust fund grant or loan to acquire fee simple title to land, it must demonstrate both the expertise and financial resources to manage the land for the purposes set forth in its application. Where an eligible trust fund recipient seeks a trust fund grant or loan to acquire a conservation easement, it must demonstrate both the expertise and financial resources to manage and enforce the restrictions placed upon the land for the purposes set forth in its application. The board shall evaluate each proposal to determine the qualifications of the proposed managing party and to determine whether the proposed management is consistent with the purposes of the bank and the purposes set forth in the application.
(I) An eligible trust fund recipient seeking a grant or loan from the trust fund must:
(1) demonstrate that it is able to complete the project and acquire the interests in land proposedd;
(2) indicate the total number of acres of land it has preserved in the State; and
(3) briefly describe the lands it has preserved in the state, including their size, location, and method of preservation. The reporting requirement of this subsection need not be complied with for specific preserved lands when in the grant or loan applicant's discretion, or in the discretion of the owners of such preserved lands, the privacy or proprietary interests of the owners of such preserved lands would be violated.
(J) Partnerships, matching contributions, management agreements, management leases, and similar collaborations among state agencies, the federal government, eligible trust fund recipients, and local governments, boards, and commissions may be encouraged to fulfill the requirements of this section and promote the objectives of this chapter.
(K) No matching funds or other contributions are required to receive grants or loans from the trust fund. However, the board shall encourage matching funds and other contributions by weighing the degree to which applications meet the criteria of subsection (E)(2) and (3) when determining which proposals to fund.
(L)(1) The board may authorize up to ten percent of the monies credited to the trust fund during the preceding fiscal year to acquire interests in land that solely or primarily meet the criteria of subsection (D)(6) of this section. No other monies in the trust fund may be awarded to applicants for the acquisition of interests in land that meet the criteria of (D)(6) unless the application also satisfies other criteria contained in subsection (D) in a substantial way.
(2) The board shall authorize at least ten percent of the monies credited to the trust fund during the preceding fiscal year for the acquisition of interests in land that provides public access. To the extent the ten percent authorization required by this item is not met in any particular year, the balance must be carried over and used for acquisition of interests in land that provide public access in ensuing years.
(M) The board only may authorize grants or loans to purchase interests in lands at fair market value. In no cases may funds from the trust fund be used to acquire interests in lands at a price that exceeds the fair market value of the interest being acquired. However, trust funds may be used to acquire interests in land at below fair market value, but only if the owner of the interest consents and in writing to sell at below fair market value. The board must establish reasonable procedures to document the fair market value of interests in lands and to ensure that the purchase price does not exceed the fair market value. The board shall promulgate regulations pursuant to Chapter 23 of Title 1, the Administrative Procedures Act, that provide for the procurement of appraisal services and for the procedure and process in those cases where a discrepancy of ten percent or more arises between the determination of fair market value obtained by the board and that provided by the owner or others interested in the subject land or interest in land. The board must also establish reasonable procedures to ensure the confidentiality of appraisals before the award of a grant or loan, and the subsequent acquisition of interests in lands obtained with such grant or loan.
(N) In awarding a grant or loan from the trust fund the board shall set forth findings that indicate:
(1) how the application satisfies the purposes of this chapter, and the criteria and other considerations set forth in this section;
(2) the purpose of the award and the use to which the land will be put;
(3) the extent to which public access, hunting, fishing, or other forms of outdoor recreation will be conducted upon the land;
(4) the extent to which farming, forestry, timber management, or wildlife habitat management will be conducted upon the land;
(5) the party responsible for managing and maintaining the land;
(6) the party responsible for enforcing any easements or other restrictions upon the land;
(7) the parties designated in items (5) and (6) possess the expertise and financial resources to fulfill their obligations; and
(8) any other findings or information relevant to the award.
(O)(1) Trust funds may not be used to acquire interest in land downzoned within three years of the application unless the interest is sold for the predownzoning value or current value, whichever is greater. However, this requirement is waived if the owner of the downzoned property agrees to accept a lesser amount.
(2) If the owner of an interest in land which is the subject of an application for acquisition with trust funds proves to the satisfaction of the board that intentional and improper acts of planning, zoning, or other regulatory officials resulted in substantial delay or denial of a lawful permit or permission to develop the interest in land and the permit or permission was requested by the owner before the application, then the value of the interest in land is deemed to be its value as if those permits or permissions were granted unless the owner of the interest agrees to a lesser value in writing. An owner aggrieved by the decision of the board with respect to this item may appeal to the Administrative Law Judge Division where the matter must be heard as a contested case.
Section 48-59-80. (A) The interests in lands acquired with funds from the trust fund must be held by an eligible trust fund recipient.
(B) The bank may not hold or possess any interest in land or other interest in real property, except for mortgage interests as security for loans made from the trust fund as provided for in subsection (J), and leasehold interests in office space secured for bank operations and staff.
(C) The bank and eligible trust fund recipients receiving monies from the trust fund shall retain all records of acquisition of interests in land with trust funds including, but not limited to, surveys, inventories, appraisals, title and title insurance policies, environmental assessments, closing documents, and contracts.
(D) The bank must be named as an insured on a title insurance policy acceptable to the board and obtained by the loan recipient for loans it makes to eligible trust fund recipients. The bank must be indemnified as to title in the amount of any grants it makes to eligible trust fund recipients, and this indemnification must be secured by a title insurance policy acceptable to the board and obtained by the grant recipient. These requirements for title insurance and indemnification as to title may be waived by the board in extraordinary cases where insurable title is unobtainable, the risk of adverse claims to title are small, the land in question presents a particularly valuable conservation opportunity according to the purposes of this chapter and the criteria of Section 48-59-70, and the cost of the interest in land acquired reflects the lack of insurable title.
(E) In order to identify potential liability pursuant to applicable state or federal environmental law or regulation, an environmental hazard assessment must be conducted on lands before the disbursement of trust funds for the acquisition of an interest in such lands.
(F) All interests in lands acquired with trust funds must be held by the eligible trust fund recipient that was approved by the board to acquire the interest in land, except that an interest in land obtained with trust fund money may be assigned from one eligible trust fund recipient to another upon approval of the board by majority vote.
(G)(1) The owner of the fee simple title to property upon which a conservation easement was purchased with trust funds, whether the original owner that conveyed the conservation easement or a successor-in-interest, may reacquire and thereby extinguish the conservation easement if that owner or successor-in-interest determines that the conservation easement no longer exhibits the characteristics that qualified it for acquisition with trust funds and the board, by a majority vote, makes a finding of fact agreeing with that contention. For purposes of this reacquisition, the value of the conservation easement is its fair market value, as determined by current appraisal. The owner of the fee simple title to the subject property or an eligible trust fund recipient aggrieved by the decision of the board under this item may appeal to the Administrative Law Judge Division where the matter must be heard as a contested case.
(2) If an eligible trust fund recipient acquires fee simple title to land for conservation purposes with trust funds, that land may not be sold, transferred, assigned, alienated, or converted to a use other than the use set forth in the grant or loan award. However, if the eligible trust fund recipient: (a) determines that the land no longer exhibits the characteristics that qualified it for acquisition with trust funds; and (b) the board by a majority vote, makes a finding of fact agreeing with that contention; then the land may be sold, transferred, assigned, alienated, or converted to another use at its fair market value as determined by current appraisal. An eligible trust fund recipient aggrieved by the decision of the board under this item may appeal to the Administrative Law Judge Division where the matter must be heard as a contested case.
(H) If any interests in lands that have been acquired by an eligible trust fund recipient with trust funds are extinguished, sold, transferred, assigned, alienated, or converted pursuant to subsection (G) of this section, the eligible trust fund recipient extinguishing, selling, transferring, assigning, alienating, or converting the interests in land shall replace them with interests in land of substantially equal current fair market value, with any deficit being made up by contribution to the trust fund. The replacement land must also exhibit characteristics that meet the criteria of this chapter. The board must verify that suitable replacement interests in lands have been identified and will be obtained before authorizing that any interest in land purchased with monies from the trust fund be extinguished, sold, transferred, assigned, alienated, or converted. Where replacement in whole or in part is impossible, funds realized which are not used for replacement interests in land must be credited to the trust fund. Where funding for an original acquisition was from multiple sources, funds realized must be credited to the trust fund under this subsection in proportion to the contribution that trust funds made to the original acquisition.
(I) Interests in land acquired with trust funds must be managed and maintained in order to perpetuate the conservation, natural, historical, open space, and recreational uses or values for which they were originally acquired. Uses which are adverse to the original purposes for which the interests in land were acquired with trust funds are not permitted without securing a:
(1) two-thirds vote of the board, following a finding of fact that the land no longer exhibits the characteristics that qualified it for acquisition with funds from the fund; and
(2) majority vote of the State Budget and Control Board.
(J) Loans made from the trust fund must be secured by mortgages upon the subject properties. Any funds received from foreclosure proceedings upon these mortgages must be deposited in the trust fund for subsequent distribution as grants or loans according to the provisions of this chapter. Notwithstanding the provisions of subsection (B), the bank may accept a deed in lieu of foreclosure or as a result of foreclosure proceedings, for land in which it held a mortgage interest by virtue of awarding a loan as provided for in this chapter. However, upon receiving such a deed the bank must as soon as practicable either transfer the property to an appropriate eligible trust fund recipient, or sell the land and deposit the proceeds in the trust fund for subsequent distribution as grants or loans according to the provisions of this chapter. If the bank sells the land, it may first donate a conservation easement upon the land to an eligible trust fund recipient before the sale.
(K) Where a trust fund grant is used to acquire fee simple title to land, public access, and use of the land must be permitted, with this access and use being subject only to those rules, regulations, permits, or fees as are reasonable and consistent with the conservation purposes for which the land was acquired.
(L) Notwithstanding any other provision of this chapter, including requirements for board approval for disposing of interests in land acquired with trust funds, an interest in land acquired with trust funds may be condemned under Chapter 2 of Title 28, the South Carolina Eminent Domain Procedures Act. The proceeds from any such condemnation proceeding must be credited to the trust fund in proportion to the contribution that trust funds made to the original acquisition.
Section 48-59-90. Funds from the trust fund may not be used to acquire interests in lands or other interests in real property through the exercise of any power of eminent domain or condemnation proceeding.
Section 48-59-95. Trust funds may be used only by eligible trust fund recipients for the acquisition of interests in land, including closing costs. Trust funds may not be used to pay general operating expenses of eligible trust fund recipients, nor may trust funds be used for the management or maintenance of acquired interests in land. Trust funds only may be dispersed at the closing of transactions in which an interest in land is acquired.
Section 48-59-100. Neither this section nor Section 48-59-90 may be repealed, amended, or otherwise modified except by an affirmative two-thirds vote of the total membership of both the House of Representatives and the Senate.
Section 48-59-110. The provisions of this chapter must not be construed to eliminate or unreasonably restrict hunting, fishing, farming, forestry, timber management, or wildlife habitat management, as regulated by the laws of this State, upon lands for which interests in lands are obtained pursuant to this chapter. These and other traditional and compatible activities may be conducted, where appropriate, upon lands preserved with trust funds.
Section 49-59-120. When trust funds are used to purchase a conservation easement on land, the conservation easement will be the controlling legal document regarding what is and what is not permitted upon the land, how the land will be preserved, and what rights are vested with the eligible trust fund recipient or its assigns which hold the conservation easement. If any inconsistencies or ambiguities arise between the provisions of this chapter and the terms and conditions of a conservation easement purchased with trust funds, the terms and conditions of the conservation easement must prevail. The board must exercise due diligence to assure the terms and conditions of conservation easements are consistent with the purposes of this chapter before disbursing trust funds for the purchase of such conservation easements."
SECTION 2. (A) The Department of Public Safety may issue special motor vehicle license plates to owners of private passenger-carrying motor vehicles or light pickups having an empty weight of six thousand pounds or less and a gross weight of nine thousand pounds or less registered in their names which shall have imprinted on the plate "Conserve South Carolina" and which may have an emblem, a seal, logo, or other symbol of the South Carolina Conservation Bank. The South Carolina Conservation Bank shall submit to the department for its approval the emblem, seal, logo, or other symbol it desires to be used for this special license plate. The South Carolina Conservation Bank may request a change in the emblem, seal, logo, or other symbol not more than once every five years. The fee for this special license plate is initially forty-eight dollars every two years in addition to the regular motor vehicle registration fee set forth in Article 5, Chapter 3, Title 56 of the 1976 Code. However, the South Carolina Conservation Bank may in its discretion alter the fee no more frequently than once every two years, and must notify the department of changes in the fee. This special license plate must be of the same size and general design of regular motor vehicle license plates. The special license plates must be issued or revalidated for a biennial period which expires twenty-four months from the month they are issued.
(B) The fees collected pursuant to this section must be credited to the South Carolina Conservation Bank Trust Fund established pursuant to Section 48-59-60 of the 1976 Code.
(C) The provisions of Section 56-3-8100 of the 1976 Code apply to the license plate authorized by this section.
SECTION 3. Notwithstanding the provisions of Section 12-24-90(B)(3) of the 1976 Code, effective July 1, 2003, twenty-five cents of the one dollar thirty cent state deed recording fee must be credited to the South Carolina Conservation Bank Trust Fund.
SECTION 4. The provisions of Section 27-8-30(E)(3) of the 1976 Code do not apply to an easement conveyed by a county or municipality if the county or municipality is compensated for the easement from the Conservation Bank Trust Fund under Chapter 59 of Title 48 of the 1976 Code, or if the donation of an easement by a municipality or county is an integral part of a larger proposal for which a grant or loan is made from the Conservation Bank Trust Fund under Chapter 59 of Title 48 of the 1976 Code.
SECTION 5. Chapter 59, Title 48 of the 1976 Code and Sections 2 through 4 of this act are repealed effective July 1, 2013, unless reenacted or otherwise extended by the General Assembly. However, the South Carolina Conservation Bank established by this act may continue to operate as if Chapter 59, Title 49 of the 1976 Code was not repealed until the South Carolina Conservation Bank Trust Fund is exhausted or July 1, 2016, whichever first occurs. Any balance in that trust fund on July 1, 2016, reverts to the general fund of the State. Repeal does not affect any rights, obligations, liabilities, or debts due the South Carolina Conservation Bank. For these purposes, after the bank's termination, the State Budget and Control Board is the bank's successor, except that, after the bank's termination, the board's voting rights provided in the former provisions of Section 48-59-80(F), (G), (H), and (I) of the 1976 Code are devolved upon the Department of Natural Resources Board, and any contribution to the trust fund required pursuant to the former provisions of Section 48-59-80(H) of the 1976 Code must be made to the Heritage Trust Program.
SECTION 6. This act takes effect upon approval by the Governor. /
Amend title to conform.
Rep. LOFTIS spoke against the amendment.
Rep. LOFTIS spoke against the amendment.
Rep. J. H. NEAL spoke against the amendment.
Rep. J. H. NEAL continued speaking.
Rep. J. H. NEAL moved to table the amendment.
Rep. WILKINS demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Altman Bales Breeland Davenport Hines, M. Hosey Loftis Mack Moody-Lawrence Neal, J.H. Parks Perry Scott Stille Trotter Vaughn Witherspoon
Those who voted in the negative are:
Askins Barfield Barrett Battle Bowers Brown, G. Campsen Cato Chellis Clyburn Cotty Delleney Easterday Emory Fleming Freeman Frye Gilham Harrell Harrison Haskins Hayes Hinson Huggins Keegan Kelley Kirsh Klauber Koon Law Leach Lee Limehouse Lloyd Lourie Lucas McCraw McGee McLeod Meacham-Richardson Merrill Miller Neal, J.M. Neilson Ott Owens Rice Rivers Rodgers Sandifer Scarborough Sheheen Simrill Smith, D.C. Smith, F.N. Smith, G.M. Smith, J.E. Smith, J.R. Smith, W.D. Snow Stuart Talley Taylor Thompson Tripp Walker Webb Whipper White Wilder Wilkins Young, A. Young, J.
So, the House refused to table the amendment.
The question then recurred to the adoption of the amendment.
Rep. J. R. SMITH demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allison Bales Barfield Barrett Battle Bingham Bowers Brown, G. Campsen Cato Chellis Clyburn Coates Cotty Delleney Easterday Emory Fleming Freeman Gilham Harrison Hayes Hinson Huggins Keegan Kelley Kennedy Kirsh Klauber Knotts Law Leach Lee Limehouse Littlejohn Lourie Lucas McCraw McGee McLeod Meacham-Richardson Merrill Miller Neal, J.M. Neilson Ott Rice Riser Rivers Robinson Rodgers Sandifer Scarborough Sheheen Simrill Smith, D.C. Smith, F.N. Smith, G.M. Smith, J.E. Smith, J.R. Smith, W.D. Snow Stuart Talley Taylor Thompson Townsend Trotter Walker Webb Whatley White Wilder Wilkins Young, A. Young, J.
Those who voted in the negative are:
Altman Breeland Cooper Dantzler Davenport Frye Gourdine Hines, M. Hosey Koon Lloyd Loftis Mack Moody-Lawrence Neal, J.H. Perry Rhoad Stille Vaughn Weeks Witherspoon
So, the amendment was adopted.
Rep. LOFTIS proposed the following Amendment No. 23 (Doc Name COUNCIL\GJK\AMEND\20711SD01), which was tabled:
Amend the bill, as and if amended, in SECTION 3, page 297-14, line 28, by striking / twenty-five cents / and inserting / twenty cents /
Renumber sections to conform.
Amend totals and title to conform.
Rep. LOFTIS explained the amendment.
Rep. COTTY moved to table the amendment, which was agreed to.
Rep. PERRY proposed the following Amendment No. 59 (Doc Name COUNCIL\GJK\AMEND\20746SD01), which was tabled:
Amend the bill, as and if amended, in SECTION 1, by adding a new Section 48-59-85 to read:
/ Section 48-59-85. A seller or donor of an interest in land as defined in this chapter must be given the option by the buyer of choosing a real estate agent of his choice to handle the transaction. The buyer must pay the agent's fee from its own operating funds and this fee must not be paid from conservation bank trust fund monies or other monies donated or provided for this transaction. /
Renumber sections to conform.
Amend totals and title to conform.
Rep. PERRY explained the amendment.
Rep. COTTY moved to table the amendment.
Rep. PERRY demanded the yeas and nays, which were not ordered.
The amendment was then tabled by a division vote of 42 to 26.
Reps. FRYE and KNOTTS proposed the following Amendment No. 63 (Doc Name COUNCIL\GJK\AMEND\20750HTC01), which was rejected:
Amend the bill, as and if amended, in Section 48-59-80, as contained in SECTION 1, by adding a new subsection at the end appropriately lettered to read:
/ ( ) If the source of any financial assistance from the bank is the revenue of a tax or fee or if financial assistance from the bank not derived from a tax or fee is used to obtain federal matching funds, then public access must be allowed in the entire interest acquired. /
Renumber sections to conform.
Amend totals and title to conform.
Rep. FRYE explained the amendment.
Rep. COTTY moved to table the amendment.
Rep. LOFTIS demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Barrett Battle Brown, J. Campsen Carnell Cato Chellis Clyburn Cotty Delleney Easterday Emory Freeman Gilham Harrison Kennedy Klauber Lee Limehouse Littlejohn Lourie Lucas McCraw Meacham-Richardson Miller Neal, J.M. Neilson Ott Riser Rivers Rodgers Scarborough Sheheen Simrill Smith, D.C. Smith, F.N. Smith, J.E. Smith, J.R. Talley Webb Whipper Wilder
Those who voted in the negative are:
Altman Bales Bingham Bowers Breeland Brown, G. Brown, R. Coates Cooper Dantzler Davenport Edge Frye Gourdine Haskins Hines, M. Howard Kirsh Knotts Law Leach Lloyd Loftis Mack McGee McLeod Merrill Moody-Lawrence Neal, J.H. Owens Parks Perry Rhoad Rice Smith, G.M. Stille Taylor Thompson Townsend Tripp Vaughn Weeks Whatley White Witherspoon Young, J.
So, the House refused to table the amendment.
Rep. COTTY spoke against the amendment.
Rep. FRYE spoke in favor of the amendment.
The question then recurred to the adoption of the amendment.
Rep. SHEHEEN demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allison Altman Bales Breeland Brown, G. Brown, R. Cato Clyburn Cooper Dantzler Davenport Edge Frye Haskins Hosey Howard Kennedy Kirsh Knotts Koon Loftis Owens Parks Perry Rhoad Rice Robinson Simrill Stille Taylor Thompson Townsend Tripp Trotter Vaughn Walker Weeks White Witherspoon
Those who voted in the negative are:
Allen Askins Barfield Barrett Battle Bingham Bowers Brown, J. Campsen Carnell Chellis Cotty Delleney Emory Fleming Freeman Gilham Harrell Harrison Harvin Hayes Hines, M. Hinson Huggins Jennings Keegan Kelley Klauber Law Leach Lee Limehouse Littlejohn Lloyd Lourie Lucas McCraw McGee McLeod Meacham-Richardson Merrill Miller Neal, J.M. Neilson Ott Riser Rivers Rodgers Sandifer Scarborough Sharpe Sheheen Smith, D.C. Smith, F.N. Smith, G.M. Smith, J.E. Smith, J.R. Smith, W.D. Snow Stuart Talley Webb Whipper Wilder Wilkins Young, A. Young, J.
So, the amendment was rejected.
Rep. COTTY moved cloture on the entire matter.
Rep. COTTY demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Askins Barrett Battle Bingham Brown, J. Campsen Chellis Cotty Emory Fleming Freeman Gilham Harrison Harvin Hayes Hinson Hosey Huggins Keegan Kelley Kennedy Klauber Law Lee Limehouse Littlejohn Lourie Lucas Martin McCraw McGee Neal, J.M. Neilson Owens Riser Rivers Rodgers Sandifer Scarborough Sharpe Simrill Smith, D.C. Smith, G.M. Smith, J.E. Smith, J.R. Smith, W.D. Snow Stuart Talley Taylor Webb White Wilder Wilkins Young, A. Young, J.
Those who voted in the negative are:
Allison Altman Bales Barfield Bowers Breeland Brown, G. Brown, R. Carnell Cato Clyburn Cobb-Hunter Coleman Cooper Dantzler Davenport Delleney Edge Frye Gourdine Hamilton Haskins Hines, M. Howard Jennings Kirsh Knotts Koon Leach Lloyd Loftis Mack McLeod Meacham-Richardson Merrill Miller Moody-Lawrence Neal, J.H. Ott Parks Perry Quinn Rhoad Rice Robinson Smith, F.N. Stille Thompson Townsend Tripp Trotter Vaughn Walker Weeks Whatley Witherspoon
So, cloture was not ordered.
Rep. WITHERSPOON moved to commit the Bill to the Committee on Agriculture, Natural Resources and Environmental Affairs.
Rep. J. R. SMITH moved to table the motion.
Rep. J. R. SMITH demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allen Askins Barrett Battle Bingham Bowers Campsen Carnell Cato Chellis Coleman Cotty Delleney Easterday Emory Fleming Freeman Gilham Hamilton Harrison Harvin Hayes Hinson Huggins Jennings Keegan Kennedy Klauber Law Leach Lee Limehouse Littlejohn Lourie Lucas McCraw McGee McLeod Meacham-Richardson Merrill Miller Neal, J.M. Neilson Ott Quinn Riser Rivers Rodgers Sandifer Scarborough Sheheen Simrill Smith, D.C. Smith, F.N. Smith, G.M. Smith, J.E. Smith, J.R. Snow Stuart Talley Taylor Tripp Trotter Webb Whipper Wilder Wilkins Young, J.
Those who voted in the negative are:
Altman Bales Barfield Breeland Brown, G. Brown, J. Brown, R. Clyburn Cobb-Hunter Cooper Dantzler Davenport Edge Frye Gourdine Haskins Hines, M. Hosey Howard Kelley Kirsh Knotts Koon Lloyd Loftis Mack Martin Moody-Lawrence Neal, J.H. Owens Parks Perry Rhoad Rice Robinson Scott Stille Thompson Townsend Vaughn Walker Weeks Whatley White Witherspoon
So, the motion to commit the Bill was tabled.
Rep. PERRY proposed the following Amendment No. 71 (Doc Name COUNCIL\GGS\AMEND\22156CM01), which was tabled:
Amend the bill, as and if amended, SECTION 1, by adding the following appropriately numbered section to read:
/ Section ______. A conservation easement or an interest in property shall not be acquired in a county with thirty percent of its real property exempt from property taxes. /
Renumber sections to conform.
Amend title to conform.
Rep. PERRY explained the amendment.
Rep. CAMPSEN moved to table the amendment, which was agreed to.
Rep. LOFTIS proposed the following Amendment No. 77 (Doc Name COUNCIL\DKA\AMEND\4540MM01), which was tabled:
Amend the bill, as and if amended, by deleting items (7) and (8), Section 48-59-30, SECTION 1, page 4, and inserting:
/ (7) 'Conservation easement' means an interest in real property as defined in Chapter 8 of Title 27, the South Carolina Conservation Easement Act of 1991; except that for purposes of this chapter, the conservation easement is limited to a period of thirty years if the landowner elects to exercise his option to buy back the interest pursuant to item (8).
(8) 'Interests in lands' means fee titles to lands or conservation easements. A conservation easement may be purchased at its appraised value for a period of thirty years. At the end of thirty years, the landowner may elect to buy back the easement right for an amount equal to its current appraised value. /
Amend title to conform.
Rep. LOFTIS explained the amendment.
Rep. CAMPSEN moved to table the amendment.
Rep. DAVENPORT demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allen Askins Barrett Battle Bingham Campsen Chellis Cobb-Hunter Coleman Cotty Delleney Easterday Emory Fleming Freeman Gilham Harrison Harvin Hayes Hines, M. Hinson Howard Jennings Klauber Law Leach Lee Limehouse Lourie Lucas McCraw McGee McLeod Meacham-Richardson Merrill Miller Neal, J.M. Ott Parks Rivers Rodgers Sandifer Scarborough Sheheen Simrill Smith, D.C. Smith, F.N. Smith, G.M. Smith, J.E. Smith, J.R. Smith, W.D. Snow Stuart Talley Taylor Tripp Walker Webb Weeks Whipper White Wilder Wilkins Young, J.
Those who voted in the negative are:
Altman Bales Barfield Bowers Breeland Brown, G. Cato Clyburn Cooper Dantzler Davenport Edge Frye Gourdine Hamilton Haskins Hosey Huggins Kirsh Knotts Lloyd Loftis Martin Moody-Lawrence Neal, J.H. Owens Perry Rhoad Rice Riser Stille Thompson Townsend Vaughn Whatley Witherspoon
So, the amendment was tabled.
Rep. LOFTIS proposed the following Amendment No. 79 (Doc Name COUNCIL\BBM\AMEND\10617HTC02), which was tabled:
Amend the bill, as and if amended, in Section 48-59-70(L), as contained in Section 1, page 11, line 6, by striking /may authorize up to ten / and inserting /shall authorize not less than twenty-five /.
Amend title to conform.
Rep. LOFTIS explained the amendment.
Rep. SHEHEEN moved to table the amendment.
Rep. LOFTIS demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allen Askins Barrett Battle Bingham Campsen Chellis Coleman Cotty Delleney Easterday Emory Freeman Gilham Hamilton Harrison Harvin Hayes Hinson Huggins Jennings Limehouse Lourie Lucas McCraw McLeod Meacham-Richardson Miller Neal, J.M. Ott Riser Rivers Rodgers Sandifer Scarborough Sheheen Simrill Smith, D.C. Smith, F.N. Smith, G.M. Smith, J.E. Smith, J.R. Smith, W.D. Snow Stuart Talley Taylor Thompson Webb Weeks Whipper White Wilder Wilkins Young, J.
Those who voted in the negative are:
Altman Bales Barfield Bowers Brown, J. Cato Cooper Dantzler Davenport Edge Frye Kirsh Knotts Leach Lloyd Loftis Martin Merrill Owens Perry Rice Stille Townsend Tripp Vaughn Walker Whatley Witherspoon
So, the amendment was tabled.
Reps. WITHERSPOON and LOFTIS proposed the following Amendment No. 80 (Doc Name COUNCIL\GJK\AMEND\ 20924SD02):
Amend the bill, as and if amended, by adding a new SECTION to be appropriately numbered to read:
/ SECTION _______. In any fiscal year when the General Assembly in the annual general appropriations act provides less appropriations than what was provided for the previous year to at least one-half of the state agencies or departments contained therein the act or in any year when the Budget and Control Board orders across the board cuts to state agencies and departments in the manner provided by law, no state, local, or public funds may be expended for any purpose of the Conservation Bank Act. /
Renumber sections to conform.
Amend totals and title to conform.
Rep. WITHERSPOON explained the amendment.
Rep. CAMPSEN moved to table the amendment.
Rep. WITHERSPOON demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Askins Bingham Campsen Chellis Coates Coleman Cotty Gilham Harrison Harvin Jennings Limehouse Lourie Lucas McCraw McGee Rivers Rodgers Scarborough Sheheen Smith, F.N. Smith, G.M. Smith, J.E. Smith, J.R. Smith, W.D. Whipper Wilkins Young, J.
Those who voted in the negative are:
Altman Bales Barfield Barrett Bowers Brown, G. Brown, J. Cobb-Hunter Cooper Dantzler Davenport Delleney Easterday Edge Freeman Frye Gourdine Hamilton Haskins Hayes Hines, M. Hinson Hosey Howard Kelley Kirsh Knotts Leach Littlejohn Lloyd Loftis Mack Martin McLeod Merrill Miller Neal, J.M. Owens Parks Perry Rhoad Rice Riser Sandifer Scott Simrill Smith, D.C. Snow Stille Stuart Taylor Thompson Townsend Tripp Vaughn Walker Webb Whatley White Witherspoon
So, the House refused to table the amendment.
Rep. CAMPSEN spoke against the amendment.
Rep. WITHERSPOON moved to adjourn debate on the amendment, which was agreed to.
Reps. ALTMAN and W. D. SMITH proposed the following Amendment No. 81 (Doc Name COUNCIL\SKB\AMEND\ 18178ZCW02), which was ruled out of order:
Amend the bill, as and if amended, by adding appropriately numbered SECTIONS to read:
/ SECTION ___. Title 28 of the 1976 Code is amended by adding:
Section 28-4-10. This chapter may be cited as the 'South Carolina Private Property Rights Protection Act' and any references to the term 'act', unless the context clearly indicates otherwise, mean the 'South Carolina Private Property Rights Protection Act'.
Section 28-4-20. The General Assembly recognizes that some laws, regulations, and ordinances of the State and political subdivisions of the State, as applied, may inordinately burden, restrict, or limit private property rights without amounting to a taking under the State Constitution or the United States Constitution. The General Assembly determines that there is an important state interest in protecting the interests of private property owners from such inordinate burdens. Therefore, it is the intent of the General Assembly that as a separate and distinct cause of action from the law of takings, the General Assembly in this chapter provides for relief or payment of compensation when a new law, regulation, or ordinance of the State or of a political subdivision of the State, as applied, unfairly affects real property.
Section 28-4-30. (A) When a specific action of a governmental entity has inordinately burdened an existing use of real property or a vested right to a specific use of real property, the property owner of that real property is entitled to relief, which may include compensation for the actual loss to the fair market value of the real property caused by the action of government, as provided in this section.
(B) For purposes of this section:
(1) The existence of a 'vested right' is to be determined by applying the principles of equitable estoppel or substantive due process under the common law or by applying the statutory law of this State.
(2) The term 'existing use' means an actual present use or activity on the real property including periods of inactivity which are normally associated with, or are incidental to, the nature or type of use or activity or such reasonably foreseeable, nonspeculative land uses which are suitable for the subject real property and compatible with adjacent land uses and which have created an existing fair market value in the property greater than the fair market value of the actual present use or activity on the real property.
(3) The term 'governmental entity' includes an agency of the State, a regional or a local government created by the State Constitution or by act of the General Assembly, any county, or municipality, or any other entity that independently exercises governmental authority. The term does not include the United States or any of its agencies, or an agency of the State, a regional or a local government created by the State Constitution or by act of the General Assembly, any county or municipality, or any other entity that independently exercises governmental authority, when exercising the powers of the United States or any of its agencies through a formal delegation of federal authority.
(4) The term 'action of a governmental entity' means a specific action of a governmental entity which affects real property including action on an application or permit.
(5) The terms 'inordinate burden' or 'inordinately burdened' mean that an action of one or more governmental entities has directly restricted or limited the use of real property such that the property owner is unable to attain the reasonable, investment-backed expectation for the existing use of the real property or a vested right to a specific use of the real property with the respect to the real property as a whole, or that the property owner is left with existing or vested use that are unreasonable such that the property owner bears a disproportionate share of a burden imposed for the good of the public, which in fairness should be borne by the public at large. The terms 'inordinate burden' or 'inordinately burdened' do not include temporary impacts to real property; impacts to real property occasioned by governmental abatement, prohibition, prevention, or remediation of a public nuisance at common law or a noxious use of private property; impacts to real property caused by an action of a governmental entity taken to grant relief to a property owner under this section; or any action of a governmental entity affecting either the location of any type of solid or liquid waste disposal facility (or the discharge therefrom) or landfill or expansion of any existing solid or liquid waste disposal facility (or the discharge therefrom) or landfill.
(6) The term 'property owner' means the person who holds legal title to the real property at issue. The term does not include a governmental entity.
(7) The term 'real property' means land and includes any appurtenances and improvements to the land including any other relevant real property in which the property owner had a relevant interest.
(C) Nothing in this section shall be deemed to prevent the exercise of the police powers of any governmental entity to adopt or modify lawful zoning ordinances or comprehensive land use plans consistent with the provisions of this chapter.
Section 28-4-40. (A) Not less than one hundred eighty days prior to filing an action under this section against a governmental entity, a property owner who seeks compensation under this section must present the claim in writing to the head of the governmental entity. The property owner must submit along with the claim a bona fide, valid appraisal that supports the claim and demonstrates the loss in fair market value to the real property. If the action of government is the culmination of a process that involves more than one governmental entity, or if a complete resolution of all relevant issues, in the view of the property owner or in the view of a governmental entity to whom a claim is presented, requires the active participation of more than one governmental entity, the property owner shall present the claim as provided in this section to each of the governmental entities.
(B) The governmental entity shall provide written notice of the claim to all parties to any administrative action that gave rise to the claim, and to owners of real property contiguous to the owner's property at the addresses listed on the most recent county tax rolls.
(C) During the one hundred eighty-day-notice period, unless extended by agreement of the parties, the governmental entity shall make a written settlement offer to effectuate:
(1) an adjustment of land development or permit standards or other provisions controlling the development or use of land;
(2) increases or modifications in the density, intensity, or use of areas of development;
(3) the transfer of developmental rights;
(4) land swaps or exchanges;
(5) mitigation, including payments in lieu of onsite mitigation;
(6) location on the least sensitive portion of the property;
(7) conditioning the amount of development or use permitted;
(8) a requirement that issues be addressed on a more comprehensive basis than a single proposed use or development;
(9) issuance of the development permit, a variance, special exception, or other extraordinary relief;
(10) purchase of the real property, or an interest in the real property, including development rights, by an appropriate governmental entity;
(11) no changes to the action of the governmental entity.
If the property owner accepts the settlement offer, the governmental entity may implement the settlement offer by appropriate development agreement; by issuing a variance, special exception, or other extraordinary relief, or by other appropriate method, subject to subsection (D).
(D)(1) Whenever a governmental entity enters into a settlement agreement under this section which would have the effect of a modification, variance, or a special exception to the application of a regulation or ordinance as it would otherwise apply to the subject real property, the relief granted shall protect the public interest served by the regulations at issue and be the appropriate relief necessary to prevent the governmental regulatory effort from inordinately burdening the real property.
(2) Whenever a governmental entity enters into a settlement agreement under this section which would have the effect of contravening the application of a statute as it would otherwise apply to the subject real property, the governmental entity and the property owner shall jointly file an action in the circuit court where the real property is located for approval of the settlement agreement by the court to ensure that the relief granted protects the public interest served by the statute at issue and is the appropriate relief necessary to prevent the governmental regulatory effort from inordinately burdening the real property.
Section 28-4-50. (A) During the one hundred eighty-day-notice period provided for in Section 28-4-40, unless a settlement offer is accepted by the property owner, each of the governmental entities provided notice pursuant to Section 28-4-40(A) shall issue a written ripeness decision identifying the allowable uses to which the subject property may be put. The failure of the governmental entity to issue a written ripeness decision during the one hundred eighty-day-notice period must be deemed to ripen the prior action of the governmental entity and shall operate as a ripeness decision that has been rejected by the property owner. The ripeness decision, as a matter of law, constitutes the last prerequisite to judicial review, and the matter must be deemed ripe or final for the purposes of the judicial proceeding created by this section, notwithstanding the availability of other administrative remedies.
(B) If the property owner rejects the settlement offer and the ripeness decision of the governmental entity or entities, the property owner may file a claim for compensation in the circuit court, a copy of which must be served contemporaneously on the head of each of the governmental entities that made a settlement offer and a ripeness decision that was rejected by the property owner. Actions under this section must be brought only in the county where the real property is located.
Section 28-4-60. (A) The circuit court shall determine whether an existing use of the real property or a vested right to a specific use of the real property existed and, if so, whether considering the settlement offer and ripeness decision, the governmental entity or entities have inordinately burdened the real property. If the actions of more than one governmental entity, considering any settlement offers and ripeness decisions, are responsible for the action that imposed the inordinate burden on the real property of the property owner, the court shall determine the percentage of responsibility each governmental entity bears with respect to the inordinate burden. A governmental entity may take an interlocutory appeal of the court's determination that the action of the governmental entity has resulted in an inordinate burden. An interlocutory appeal does not automatically stay the proceedings; however, the court may stay the proceedings during the pendency of the interlocutory appeal. If the governmental entity does not prevail in the interlocutory appeal, the court shall award to the prevailing property owner the costs and a reasonable attorney fee incurred by the property owner in the interlocutory appeal.
(B) Following its determination of the percentage of responsibility of each governmental entity, and following the resolution of any interlocutory appeal, the court shall impanel a jury to determine the total amount of compensation to the property owner for the loss in value due to the inordinate burden to the real property. The award of compensation must be determined by calculating the difference in the fair market value of the real property, as it existed at the time of the governmental action at issue, as though the owner had the ability to attain the reasonable investment-backed expectation or was not left with uses that are unreasonable, whichever the case may be, and the fair market value of the real property, as it existed at the time of the governmental action at issue, as inordinately burdened, considering the settlement offer together with the ripeness decision, of the governmental entity or entities. In determining the award of compensation, consideration may not be given to business damages relative to any development, activity, or use that the action of the governmental entity or entities, considering the settlement offer together with the ripeness decision has restricted, limited, or prohibited. The award of compensation shall include a reasonable award of prejudgment interest from the date the claim was presented to the governmental entity or entities.
(C)(1) In any action filed pursuant to this section, the property owner is entitled to recover reasonable costs and attorney fees incurred by the property owner, from the governmental entity or entities, according to their proportionate share as determined by the court, from the date of the filing of the circuit court action, if the property owner prevails in the action and the court determines that the settlement offer, including the ripeness decision, of the governmental entity or entities did not constitute a bona fide offer to the property owner which reasonably would have resolved the claim, based upon the knowledge available to the governmental entity or entities and the property owner during the one hundred eighty-day-notice period.
(2) In any action filed pursuant to this section, the governmental entity or entities are entitled to recover reasonable costs and attorney fees incurred by the governmental entity or entities from the date of the filing of the circuit court action, if the governmental entity or entities prevail in the action and the court determines that the property owner did not accept a bona fide settlement offer, including the ripeness decision, which reasonably would have resolved the claim fairly to the property owner if the settlement offer had been accepted by the property owner, based upon the knowledge available to the governmental entity or entities and the property owner during the one hundred eighty-day-notice period.
(3) The determination of total reasonable costs and attorney fees pursuant to this subsection must be made by the court and not by the jury. Any proposed settlement offer or any proposedd ripeness decision, except for the final written settlement offer or the final written ripeness decision, and any negotiations or rejections in regard to the formulation either of the settlement offer or the ripeness decision, are inadmissible in the subsequent proceeding established by this section except for the purposes of the determination pursuant to this subsection.
(D) The circuit court may enter any orders necessary to effectuate the purposes of this section and to make final determinations to effectuate relief available under this section.
(E) An award or payment of compensation pursuant to this section shall operate to grant to and vest in any governmental entity by whom compensation is paid the right, title, and interest in rights of use for which the compensation has been paid, which rights may become transferable development rights to be held, sold, or otherwise disposed of by the governmental entity. When there is an award of compensation, the court shall determine the form and the recipient of the right, title, and interest, as well as the terms of their acquisition.
(F) This section does not supplant methods agreed to by the parties and lawfully available for arbitration, mediation, or other forms of alternative dispute resolution, and governmental entities are encouraged to utilize these methods to augment or facilitate the processes and actions contemplated by this section.
(G) This section provides a cause of action for governmental actions that may not rise to the level of a taking under the State Constitution or the United States Constitution. This section may not necessarily be construed under the case law regarding takings if the governmental action does not rise to the level of a taking. The provisions of this section are cumulative and do not abrogate any other remedy lawfully available, including any remedy lawfully available for governmental actions that rise to the level of a taking. However, a governmental entity is not liable for compensation for an action of a governmental entity applicable to, or for the loss in value to, a subject real property more than once for the same inordinate burden.
(H) This section does not apply to any actions taken by a governmental entity which relate to the operation, maintenance, or expansion of transportation facilities, and this section does not affect existing law regarding eminent domain relating to transportation.
(I) A cause of action may not be commenced under this section if the claim is presented more than one year after a law or regulation is first applied by the governmental entity to the property at issue. If an owner seeks relief from the governmental action through lawfully available administrative or judicial proceedings, the time for bringing an action under this section is tolled until the conclusion of those proceedings.
(J) No cause of action exists under this section as to the application of any law enacted on or before July 1, 1997, or as to the application of any regulation or ordinance adopted, or formally noticed for adoption, on or before that date. A subsequent amendment to any such law, regulation, or ordinance gives rise to a cause of action under this section only to the extent that the application of the amendatory language imposes an inordinate burden apart from the law, regulation, or ordinance being amended.
(K) This section does not affect the sovereign immunity of government to the extent that sovereign immunity of government exists in this State." /
Renumber sections to conform.
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Rep. J. E. SMITH raised the Point of Order that Amendment No. 81 was out of order in that it was not germane to the Bill.
SPEAKER WILKINS sustained the Point of Order and ruled the amendment out of order.
Rep. KIRSH proposed the following Amendment No. 84 (Doc Name COUNCIL\GJK\AMEND\20966SD02), which was adopted:
Amend the bill, as and if amended, in Section 48-59-50(B), of the 1976 Code as contained in SECTION 1, by adding a new item (4) to read:
/ (4) have an annual audit of the Conservation Bank and Conservation Bank Trust Fund conducted by outside independent certified public accountants and submitted to the Governor, Lieutenant Governor, and General Assembly. The accounting of trust fund receipts and expenditures required above shall be part of this annual audit. /
Renumber sections to conform.
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Rep. KIRSH explained the amendment.
The amendment was then adopted.
Rep. TOWNSEND proposed the following Amendment No. 85 (Doc Name COUNCIL\GJK\AMEND\20970SD02), which was adopted:
Amend the bill, as and if amended, in Section 48-59-70(A) of the 1976 Code, as contained in SECTION 1, by striking / Based on a review of these submissions, or in any instance where the board determines the public interest so requires, it may hold a public hearing on the application at which the eligible trust fund recipient, contiguous landowners, and other interested parties may be heard. / beginning on line 5 of the subsection and inserting / The board must hold a public hearing on the application at which the eligible trust fund recipient, contiguous landowners, and other interested parties shall be heard. Interested parties include representatives of the municipality, county, and public or private utilities in the area wherein the property is located./
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Rep. TOWNSEND explained the amendment.
The amendment was then adopted.
Rep. LOFTIS proposed the following Amendment No. 86 (Doc Name COUNCIL\GJK\AMEND\20973SD02), which was tabled:
Amend the bill, as and if amended, by adding a new SECTION appropriately numbered to read:
/ SECTION ____. Twenty-five percent of the funds credited to the South Carolina Conservation Bank Trust Fund each fiscal year shall be transferred to the Department of Natural Resources and used for the promotion of hunting, fishing, and outdoor recreation activities. /
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Rep. LOFTIS explained the amendment.
Rep. J. E. SMITH raised the Point of Order that Amendment No. 86 was out of order in that it was not germane to the Bill.
SPEAKER WILKINS overruled the Point of Order.
Rep. CAMPSEN moved to table the amendment.
Rep. LOFTIS demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allen Allison Askins Barrett Battle Bingham Brown, G. Campsen Chellis Clyburn Cobb-Hunter Coleman Cotty Delleney Easterday Edge Emory Fleming Freeman Gilham Gourdine Hamilton Harrison Harvin Haskins Hayes Hines, M. Hinson Hosey Huggins Jennings Keegan Kelley Kirsh Klauber Knotts Law Lee Limehouse Lloyd Lourie Lucas Martin McCraw McGee McLeod Meacham-Richardson Merrill Miller Moody-Lawrence Neal, J.M. Ott Parks Rice Riser Rivers Robinson Rodgers Sandifer Sheheen Simrill Smith, D.C. Smith, F.N. Smith, G.M. Smith, J.E. Smith, J.R. Snow Stuart Taylor Thompson Townsend Webb Weeks Whatley Whipper Wilder Wilkins Young, A. Young, J.
Those who voted in the negative are:
Altman Bales Barfield Bowers Brown, J. Cato Davenport Frye Howard Koon Loftis Neal, J.H. Owens Perry Rhoad Scott Stille Walker White
So, the amendment was tabled.
Rep. LOFTIS proposed the following Amendment No. 87 (Doc Name COUNCIL\SWB\AMEND\5097DJC02):
Amend the bill, as and if amended, by adding a new SECTION appropriately numbered to read:
/ SECTION ____. If the estimated growth in general fund revenues as contained in the annual general appropriations act for any fiscal year are less than four percent above the general fund revenues of the previous year, the deed recording fee set-off for the Conservation Bank Trust Fund and the license fees for the special license plates must be deposited in the state general fund during that fiscal year and not in the Conservation Bank Trust Fund. /
Renumber sections to conform.
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Rep. LOFTIS explained the amendment.
Rep. LOFTIS moved to adjourn debate on the amendment, which was agreed to.
Rep. FLEMING moved cloture on the entire matter.
Rep. FLEMING demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allison Askins Barrett Battle Bingham Campsen Cato Chellis Cotty Easterday Emory Fleming Gilham Harrell Harrison Harvin Haskins Hayes Hines, M. Hinson Huggins Jennings Keegan Kelley Klauber Limehouse Littlejohn Lourie Lucas Martin McGee McLeod Miller Neal, J.M. Owens Riser Rivers Rodgers Sandifer Scarborough Sharpe Sheheen Simrill Smith, D.C. Smith, F.N. Smith, G.M. Smith, J.E. Smith, J.R. Snow Stuart Taylor Trotter Webb White Wilder Wilkins Young, A. Young, J.
Those who voted in the negative are:
Altman Bales Barfield Bowers Breeland Brown, G. Brown, J. Clyburn Coates Cobb-Hunter Cooper Dantzler Davenport Delleney Frye Gourdine Govan Hamilton Hosey Kirsh Koon Lloyd Loftis Mack Meacham-Richardson Merrill Moody-Lawrence Neal, J.H. Parks Perry Rhoad Rice Robinson Scott Stille Thompson Tripp Vaughn Walker Weeks Whatley Witherspoon
So, cloture was ordered.
Reps. LEE and RIVERS proposed the following Amendment No. 90 (Doc Name COUNCIL\SWB\AMEND\5103DW02), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION __. The Board of the Conservation Bank shall perform a bi-annual review of the plight of land loss by small land owners and holders of heirs property. The results of this review, upon completion, must be published in an official board report and submitted to the South Carolina General Assembly for their use. /
Renumber sections to conform.
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Rep. RIVERS explained the amendment.
Rep. KIRSH raised the Point of Order that Amendment No. 90 was out of order in that it was not germane to the Bill.
SPEAKER WILKINS overruled the Point of Order.
The amendment was then adopted.
Reps. STUART and A. YOUNG proposed the following Amendment No. 91 (Doc Name COUNCIL\BBM\AMEND\ 10767HTC02), which was adopted:
Amend the bill, as and if amended, subsections (A) and (B), as contained in SECTION 2, by striking subsections (A)and (B) on pages 14 and 15, and inserting:
/ (A) The Department of Public Safety may issue special motor vehicle license plates to owners of private passenger-carrying motor vehicles or light pickups having an empty weight of seven thousand pounds or less and a gross weight of nine thousand pounds or less registered in their names which shall have imprinted on the plate "Conserve South Carolina" and which may have an emblem, a seal, logo, or other symbol of the South Carolina Conservation Bank. The South Carolina Conservation Bank shall submit to the department for its approval the emblem, seal, logo, or other symbol it desires to be used for this special license plate. The South Carolina Conservation Bank may request a change in the emblem, seal, logo, or other symbol not more than once every five years. The fee for this special license plate is forty-eight dollars every two years in addition to the regular motor vehicle registration fee set forth in Article 5, Chapter 3, Title 56 of the 1976 Code. This special license plate must be of the same size and general design of regular motor vehicle license plates. The special license plates must be issued or revalidated for a biennial period which expires twenty-four months from the month they are issued.
(B) Of the fees collected pursuant to this section, the Comptroller General shall place sufficient funds into a special restricted account to be used by the Department of Public Safety to defray the expenses of the Motor Vehicle Division in producing and administering this special license plate. The remaining fees collected pursuant to this section must be credited to the South Carolina Conservation Bank Trust Fund established pursuant to Section 48-59-60 of the 1976 Code. /
Amend further, as and if amended, by adding an appropriately number SECTION to read:
/ SECTION ____. Section 56-3-8100 of the 1976 Code, as added by Act 63 of 1999, is amended by adding an appropriately lettered subsection at the end to read:
"(___) Notwithstanding any other provision of law, of the fees collected for the special license plate, the Comptroller General shall place sufficient funds into a special restricted account to be used by the Department of Public Safety to defray the expenses of the Division of Motor Vehicles in producing and administering the special plate." /
Renumber sections to conform.
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Rep. STUART explained the amendment.
The amendment was then adopted.
Rep. PERRY proposed the following Amendment No. 96 (Doc Name COUNCIL\BBM\AMEND\10749HTC02), which was tabled:
Amend the bill, as and if amended, by striking SECTION 3 and inserting:
/ SECTION 3. Except as may be otherwise provided in the annual general appropriations act and effective July 1, 2002, an amount equal to the revenue derived from twenty-five cents of the one dollar thirty cent state deed recording fee must be transferred from the general fund of the State by the Comptroller General to the South Carolina Conservation Bank Trust Fund established in Chapter 59 of Title 48 of the 1976 Code. These transfers must be made monthly. /
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Rep. PERRY explained the amendment.
Rep. COTTY moved to table the amendment, which was agreed to.
Rep. PERRY proposed the following Amendment No. 97 (Doc Name COUNCIL\BBM\AMEND\10748HTC02), which was tabled:
Amend the bill, as and if amended, by striking SECTION 3 and inserting:
/ SECTION 3. Effective July 1, 2002, an amount equal to the revenue derived from twenty-five cents of the one dollar thirty cent state deed recording fee must be transferred from the general fund of the State by the Comptroller General to the South Carolina Conservation Bank Trust Fund established in Chapter 59 of Title 48 of the 1976 Code. These transfers must be made monthly. /
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Rep. PERRY moved to table the amendment, which was agreed to.
Rep. WITHERSPOON proposed the following Amendment No. 100 (Doc Name COUNCIL\BBM\AMEND\10753HTC02), which was tabled:
Amend the bill, as and if amended, in SECTION 1, by adding:
/ Section 48-59-85. Notwithstanding any other provision of this chapter, every conservation easement acquired in whole or in part with trust funds must contain a provision allowing the landowner or his successor in interest, during the first fifteen years after the easement is created, an irrevocable option to reacquire and thus extinguish the easement upon payment to the easement holder of an amount equal to the original purchase price plus interest thereon calculated at the prime rate of interest. /
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Rep. WITHERSPOON explained the amendment.
Rep. SHEHEEN moved to table the amendment, which was agreed to.
Rep. LOFTIS proposed the following Amendment No. 102 (Doc Name COUNCIL\BBM\AMEND\10761HTC02), which was tabled:
Amend the bill, as and if amended, in Chapter 59 of Title 48, as added in SECTION 1, by inserting after Section 48-59-60:
/ Section 48-59-65. The board shall retain a firm of outside auditors for the purpose of conducting an annual audit of the bank and the trust fund. The results of the annual audit must be reported to the Governor, the Speaker of the House, and the President Pro Tempore of the Senate. /
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Rep. LOFTIS moved to table the amendment, which was agreed to.
Rep. LOFTIS proposed the following Amendment No. 103 (Doc Name krl\111krl02), which was adopted:
Amend the bill in Section 48-59-80(E) by adding item (1):
(1) After an environmental hazard assessment is completed, if the land in question is found to contain an environmental hazard, no disbursement of trust funds for acquisition shall be granted until the land meets all state and federal environmental law or regulation.
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Rep. LOFTIS explained the amendment.
The amendment was then adopted.
Rep. LOFTIS proposed the following Amendment No. 106 (Doc Name msf\200msf02), which was tabled:
Amend the bill in Section 48-59-30 (4)(b) by inserting after (b):
A subdivision of the state including but not limited to, a municipality of this state and any agency, commission, or instrumentality of such a municipality; or
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Rep. LOFTIS explained the amendment.
Rep. SHEHEEN moved to table the amendment, which was agreed to by a division vote of 39 to 16.
Rep. LOFTIS proposed the following Amendment No. 107 (Doc Name krl\112krl02.doc), which was tabled:
Amend the bill in Section 49-50-120 by striking the second sentence of this section and inserting:
If any inconsistencies or ambiguities arise between the provisions of this chapter and the terms and conditions of the conservation easement, must be referred for resolution to the Administrative Law Judge Division as a contested case pursuant to Article 3, Chapter 23 of Title 1.
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Rep. ROBINSON moved to table the amendment, which was agreed to.
Rep. LOFTIS proposed the following Amendment No. 108 (Doc Name 113krl02.doc), which was tabled:
Amend the bill in Section 48-59-70(A) by striking section (A), and inserting:
(A) An eligible trust fund recipient may apply for a grant or loan from the trust fund to acquire a specific interest in land identified in its application. an application must not be submitted to the board without the written consent of the owner of the interest in land identified in the application. Contiguous landowners must be notified in writing of a pending application. Contiguous landowners and other interested parties may submit in writing to the board their views on the application and may request a public hearing on the pending application.
Upon a request of a contiguous landowner or other interested party the board must hold a public hearing at which the eligible trust recipient, contiguous landowners, and other interested parties may be heard. The board shall also conduct a public hearing on an application before awarding a grant or loan pursuant to the application.
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Rep. LOFTIS explained the amendment.
Rep. CAMPSEN moved to table the amendment, which was agreed to.
Rep. WITHERSPOON proposed the following Amendment No. 109 (Doc Name 114krl02.doc), which was tabled:
Amend the bill in Section 48-59-70(L)(2) by striking item (L)(2) in its entirety and inserting:
(2) The board shall authorize no less than fifty percent of the monies credited to the trust fund during the preceding fiscal year for the acquisition of interest in land that provides public access. to the extent the fifty percent authorization required by this item is not met in any particular year, the balance must be carried over and used for acquisition of interest in land that provide public access in ensuing years.
Renumber sections to conform.
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Rep. WITHERSPOON explained the amendment.
Rep. CAMPSEN moved to table the amendment, which was agreed to by a division vote of 47 to 22.
Rep. LOFTIS proposed the following Amendment No. 110 (Doc Name krl\115krl02.doc), which was tabled:
Amend the bill in Section 48-59-40 by striking items (2), (3) and (4) and inserting nine members elected by the General Assembly, one from each Congressional District and three at-large.
Renumber sections to conform.
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Rep. LOFTIS explained the amendment.
Rep. SHEHEEN moved to table the amendment, which was agreed to.
Rep. DAVENPORT proposed the following Amendment No. 113 (Doc Name krl\116krl02.doc), which was tabled:
Amend the bill in Section 48-59-70 (L1) by striking the first sentence of (L)(1) and inserting:
The board must authorize no less than twenty percent of the monies credited to the trust fund during the preceding fiscal year to acquire interest in land that solely or primarily meet the criteria of Section (D)(6) of this section.
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Rep. DAVENPORT moved to table the amendment, which was agreed to.
Rep. WITHERSPOON proposed the following Amendment No. 117 (Doc Name krl\1176krl02.doc), which was tabled:
Amend the bill in Section 48-59-70 (L)(2) by striking item (L)(2) in its entirety and inserting:
The board shall authorize no less than thirty percent of the monies credited to the trust fund during the preceding fiscal year for the acquisition of interest in land that provides public access. To the extent the thirty percent authorization required by this item is not met in any particular year, the balance must be carried over and used for acquisition of interest in land that provide public access in ensuing years.
Renumber sections to conform.
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Rep. WITHERSPOON explained the amendment.
Rep. COTTY moved to table the amendment, which was agreed to.
Rep. KIRSH proposed the following Amendment No. 124 (Doc Name COUNCIL\BBM\AMEND\10763HTC02), which was adopted:
Amend the bill, as and if amended, by adding:
/ SECTION 3A. Notwithstanding the effective date provided in SECTION 3 of this act on which begins the transfer of a portion of the state deed recording fee to the South Carolina Conservation Bank Trust Fund, such transfers do not begin until July 1, 2004. /
Amend title to conform.
Rep. KIRSH explained the amendment.
Rep. COTTY moved to table the amendment.
Rep. KIRSH demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Battle Campsen Chellis Clyburn Coleman Cotty Gilham Harrison Harvin Huggins Limehouse Lourie McCraw Meacham-Richardson Rivers Rodgers Scarborough Sheheen Smith, G.M. Smith, J.E. Smith, J.R. Whipper Wilkins Young, J.
Those who voted in the negative are:
Altman Bales Barfield Bingham Bowers Breeland Brown, J. Brown, R. Cato Cobb-Hunter Cooper Dantzler Davenport Delleney Easterday Edge Emory Freeman Frye Gourdine Govan Hamilton Hayes Hines, M. Hinson Hosey Kennedy Kirsh Klauber Law Leach Littlejohn Lloyd Loftis Mack Martin McLeod Merrill Miller Moody-Lawrence Neal, J.H. Neal, J.M. Ott Parks Perry Rice Riser Sandifer Scott Smith, D.C. Stille Stuart Taylor Thompson Townsend Tripp Trotter Vaughn Walker Webb Weeks Whatley White Wilder Witherspoon
So, the House refused to table the amendment.
The question then recurred to the adoption of the amendment, which was agreed to.
Rep. WITHERSPOON proposed the following Amendment No. 126 (Doc Name COUNCIL\SKB\AMEND\18211HTC02), which was adopted:
Amend the bill, as and if amended, by adding a new SECTION 3(A) to read:
/ SECTION 3. (A) In a fiscal year when the General Assembly in the annual general appropriations act provides less appropriations than what was provided for the previous year to at least one-half of the state agencies or departments contained therein the act or in any year when the Budget and Control Board orders across the board cuts to state agencies and departments in the manner provided by law, no further transfer of deed recording fees or other appropriated funds, state or local, may be credited to the trust fund for the fiscal year or balance of the fiscal year, but existing balances in the trust fund may be used as provided by Chapter 59 of Title 48 of the 1976 Code. /
Renumber sections to conform.
Amend totals and title to conform.
Rep. WITHERSPOON explained the amendment.
The amendment was then adopted.
Rep. LOFTIS proposed the following Amendment No. 128 (Doc Name COUNCIL\SWB\AMEND\5097DJC02), which was tabled:
Amend the bill, as and if amended, by adding a new SECTION appropriately numbered to read:
/ SECTION ____. If the growth in general fund revenues as contained in the annual general appropriations act for any fiscal year are less than four percent above the general fund revenues of the previous year, the deed recording fee set-off for the Conservation Bank Trust Fund and the license fees for the special license plates must be deposited in the state general fund during that fiscal year and not in the Conservation Bank Trust Fund. /
Renumber sections to conform.
Amend totals and title to conform.
Rep. LOFTIS explained the amendment.
Rep. SHEHEEN moved to table the amendment, which was agreed to.
Rep. ALTMAN moved that the House do now adjourn, which was agreed to.
Further proceedings were interrupted by adjournment, the pending question being consideration of amendments, cloture having been ordered.
The Senate returned to the House with concurrence the following:
H. 4447 (Word version) -- Reps. Coates and McGee: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE INTERCHANGE LOCATED AT EXIT 157 ALONG INTERSTATE 95 IN FLORENCE COUNTY THE "CONGRESSMAN ED YOUNG INTERCHANGE" AND TO INSTALL APPROPRIATE MARKERS OR SIGNS AT EXIT 157 THAT CONTAIN THE WORDS "CONGRESSMAN ED YOUNG INTERCHANGE".
H. 4705 (Word version) -- Reps. Wilkins and Harrison: A CONCURRENT RESOLUTION TO INVITE THE CHIEF JUSTICE OF THE SOUTH CAROLINA SUPREME COURT, THE HONORABLE JEAN HOEFER TOAL, TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION ON THE STATE OF THE JUDICIARY AT 12:00 NOON ON WEDNESDAY, MARCH 6, 2002.
H. 4719 (Word version) -- Rep. Davenport: A CONCURRENT RESOLUTION TO CONGRATULATE AND EXTEND SINCERE BEST WISHES TO MABEL FISHER OF SPARTANBURG COUNTY ON THE OCCASION OF HER ONE HUNDREDTH BIRTHDAY.
At 5:20 p.m. the House, in accordance with the motion of Rep. KIRSH, adjourned in memory of Robert N. Pursley, Sr., to meet at 10:00 a.m. tomorrow.
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