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:
Dear Lord, You and You alone are God Almighty. You are the Creator and have ordered the events of this world. You are God and should be worshiped and praised. Help us Lord to put You first, our families second and our work third. When we wrongly order our lives, forgive us. Help us Lord to strive for a healthy balance. Now, dear Lord, bless us this day as we work together, for we pray in Your majestic name, 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. ALLEN moved that when the House adjourns, it adjourn in memory of Juanita Boyd Sullivan, which was agreed to.
The following was received:
Columbia, S.C., February 13, 2002
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to H. 3361:
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.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
The following was received:
Columbia, S.C., February 13, 2002
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 92:
S. 92 (Word version) -- Senators Wilson, Thomas, Reese, Rankin and Branton: A BILL TO AMEND SECTION 62-3-907, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXECUTION BY THE PERSONAL REPRESENTATIVE OF A DEED OF DISTRIBUTION IN CONNECTION WITH THE ESTATE OF A DECEASED, SO AS TO DELETE THE REQUIREMENT THAT THE DEED OF DISTRIBUTION BE EXAMINED BY THE PROBATE COURT BEFORE FILING OR ACCOMPANIED AT FILING BY AN AFFIDAVIT TO ATTEST TO ITS ACCURACY AND COMPLETENESS IN REGARD TO THE NAMED GRANTEE OR GRANTEES.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
The following were received and referred to the appropriate committees for consideration:
Document No. 2686
Agency: Department of Labor, Licensing and Regulation
Statutory Authority: 1976 Code Section 41-15-220
Recording and Reporting Occupational Injuries and Illnesses
Received by Speaker of the House of Representatives
February 13, 2002
Referred to Labor, Commerce and Industry Committee
Legislative Review Expiration June 13, 2002 (subject to sine die revision)
Document No. 2687
Agency: Department of Social Services
Statutory Authority: 1976 Code Section 43-1-80
General Family Independence Program
Received by Speaker of the House of Representatives
February 13, 2002
Referred to Medical, Military, Public and Municipal Affairs Committee
Legislative Review Expiration June 13, 2002 (subject to sine die revision)
Document No. 2688
Agency: Department of Social Services
Statutory Authority: 1976 Code Section 43-1-80
General-Food Stamp Program
Received by Speaker of the House of Representatives
February 13, 2002
Referred to Medical, Military, Public and Municipal Affairs Committee
Legislative Review Expiration June 13, 2002 (subject to sine die revision)
Rep. TOWNSEND, from the Committee on Education and Public Works, submitted a favorable report with amendments on:
H. 4375 (Word version) -- Reps. Talley and Owens: A BILL TO AMEND SECTION 59-53-1950, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PURCHASE OF VOCATIONAL TRAINING EQUIPMENT PURSUANT TO THE DEPARTMENT OF EDUCATION'S PLAN FOR VOCATIONAL-TECHNICAL EDUCATION, SO AS TO CHANGE REFERENCES FROM "VOCATIONAL TRAINING" TO "CAREER AND TECHNOLOGY EDUCATION" AND TO MAKE OTHER CORRESPONDING CHANGES.
Ordered for consideration tomorrow.
Rep. TOWNSEND, from the Committee on Education and Public Works, submitted a favorable report with amendments on:
H. 4419 (Word version) -- Reps. Townsend, Walker, Littlejohn, Whipper and Gilham: A BILL TO AMEND SECTION 59-19-45, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ORIENTATION FOR SCHOOL DISTRICT BOARDS OF TRUSTEES AND COUNTY BOARDS OF EDUCATION, SO AS TO PROVIDE THAT THE STATE DEPARTMENT OF EDUCATION MUST KEEP A RECORD OF THE TRUSTEES WHO SUCCESSFULLY COMPLETE THE ORIENTATION PROGRAM WITHIN ONE YEAR OF TAKING OFFICE AND TO FURTHER PROVIDE THAT A TRUSTEE OR COUNTY BOARD MEMBER WHO FAILS TO SUCCESSFULLY COMPLETE THE ORIENTATION IS SUBJECT TO SUSPENSION FROM OFFICE BY THE STATE DEPARTMENT OF EDUCATION OR REMOVAL FROM OFFICE PURSUANT TO SECTION 59-19-60.
Ordered for consideration tomorrow.
Rep. TOWNSEND, from the Committee on Education and Public Works, submitted a favorable report with amendments on:
H. 4405 (Word version) -- Rep. Harrison: A BILL TO PROVIDE THAT STUDENTS WHO RESIDE IN AND ATTEND A PUBLIC OR PRIVATE SCHOOL IN RICHLAND COUNTY AND WHO PARTICIPATE IN INTERSCHOLASTIC SOCCER OR AS A MEMBER OF A SCHOOL SOCCER SQUAD MAY PARTICIPATE IN ORGANIZED SOCCER THAT IS INDEPENDENT OF THE CONTROL OF THE SCHOOL UNDER CERTAIN CONDITIONS, AND TO PROVIDE THAT A SCHOOL OR STUDENT IN THOSE SCHOOLS IS ELIGIBLE FOR PARTICIPATION IN INTERSCHOLASTIC SOCCER IN SPITE OF THE PARTICIPATION OF THE STUDENT OF THE SCHOOL AS A MEMBER OF AN ORGANIZED SOCCER TEAM INDEPENDENT OF THE SCHOOL'S CONTROL.
Ordered for consideration tomorrow.
Rep. TOWNSEND, from the Committee on Education and Public Works, submitted a favorable report with amendments on:
H. 4317 (Word version) -- Reps. Altman and Talley: A JOINT RESOLUTION ESTABLISHING THE MOTOR VEHICLE SERVICES PRIVATIZATION FEASIBILITY STUDY COMMITTEE, PROVIDING FOR ITS MEMBERSHIP AND DUTIES, AND REQUIRING THE COMMITTEE TO REPORT ITS FINDINGS WITH RECOMMENDATIONS, IF ANY, TO THE GENERAL ASSEMBLY AND GOVERNOR NO LATER THAN FEBRUARY 15, 2002.
Ordered for consideration tomorrow.
The following was introduced:
H. 4722 (Word version) -- Rep. Ott: A CONCURRENT RESOLUTION TO COMMEND AND CONGRATULATE RHETT TABER, JR., OF FORT MOTTE, WHO CAME IN FIRST PLACE IN THE INT AMATEUR SKI TOURNAMENT FIRST CLASS IN HOUSTON, TEXAS, TO RECOGNIZE THE TEAM BUOY CREEK WATER SKIERS, AND TO WISH THEM MUCH SUCCESS IN THEIR FUTURE ENDEAVORS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4723 (Word version) -- Rep. Allen: A HOUSE RESOLUTION TO EXPRESS THE CONGRATULATIONS OF THE MEMBERS OF THE HOUSE OF REPRESENTATIVES OF THE STATE OF SOUTH CAROLINA TO MR. ELMER BROWN, JR., ON HIS INDUCTION INTO THE PIEDMONT ATHLETIC ASSOCIATION HALL OF FAME'S RING OF HONOR, AND TO COMMEND HIM FOR HIS MORE THAN FORTY YEARS OF SELFLESS SERVICE TO PIEDMONT AREA LITTLE LEAGUE ATHLETICS.
The Resolution was adopted.
The Senate sent to the House the following:
S. 1004 (Word version) -- Senator Setzler: A CONCURRENT RESOLUTION TO EXPRESS PROFOUND SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA UPON THE DEATH OF DON CAUGHMAN OF WEST COLUMBIA ON FRIDAY, FEBRUARY 1, 2002, AND EXTEND DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following Bills and Joint Resolutions were introduced, read the first time, and referred to appropriate committees:
H. 4724 (Word version) -- Rep. Cato: A BILL TO AMEND SECTION 38-74-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS PERTAINING TO THE SOUTH CAROLINA HEALTH INSURANCE POOL, SO AS TO MODIFY THE DEFINITIONS OF "HEALTH INSURANCE" AND "INDIVIDUAL MARKET"; TO AMEND SECTION 38-74-30, RELATING TO HEALTH INSURANCE POOL COVERAGE ELIGIBILITY, SO AS TO EXTEND MEDICARE SUPPLEMENT HEALTH INSURANCE COVERAGE TO THOSE INDIVIDUALS WHO ARE ELIGIBLE FOR MEDICARE DUE TO DISABILITY AND UNDER SIXTY-FIVE YEARS OF AGE; TO AMEND SECTION 38-74-60, RELATING TO MAJOR MEDICAL EXPENSE COVERAGE, SO AS TO EXTEND COVERAGE TO THOSE INDIVIDUALS WHO ARE ELIGIBLE FOR MEDICARE DUE TO DISABILITY AND UNDER SIXTY-FIVE YEARS OF AGE AND TO PROVIDE FOR THE TYPES OF BENEFIT PLANS TO BE OFFERED TO THESE INDIVIDUALS AND THE METHOD FOR ESTABLISHING PREMIUM RATES FOR THE COVERAGE; AND TO AMEND SECTION 38-74-80, RELATING TO TAX EXEMPTIONS AND CREDITS, SO AS TO PROVIDE THAT IF THE TOTAL ASSESSMENT FOR ALL MEMBERS OF THE POOL EXCEEDS TEN MILLION DOLLARS IN ANY ONE YEAR, THE CREDIT FOR ANY MEMBER SHALL BE LIMITED TO THE AMOUNT DETERMINED BY MULTIPLYING THE MEMBER'S ASSESSMENT BY A FRACTION, THE NUMERATOR OF WHICH EQUALS TEN MILLION DOLLARS AND THE DENOMINATOR OF WHICH EQUALS THE TOTAL ASSESSMENT IN THE YEAR FOR ALL MEMBERS OF THE POOL.
Referred to Committee on Labor, Commerce and Industry
H. 4725 (Word version) -- Rep. Harrell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 33-10-110 SO AS TO AUTHORIZE A CORPORATION, BY AMENDMENT OF ITS ARTICLES OF INCORPORATION, TO CONVERT TO A NONPROFIT PUBLIC BENEFIT CORPORATION OR A NONPROFIT MUTUAL BENEFIT CORPORATION, TO PROVIDE FOR THE EFFECTIVE DATE OF THE CONVERSION, THE REQUIREMENTS FOR THE AMENDMENTS TO THE ARTICLES, AND THE VOTING REQUIREMENT FOR ANY SHAREHOLDERS; AND TO AMEND SECTION 33-31-401, RELATING TO THE NAME OF A NONPROFIT CORPORATION, SO AS TO PROVIDE THAT A CORPORATION THAT CONVERTS TO NONPROFIT MAY CONTINUE TO USE ITS ORIGINAL NAME.
Referred to Committee on Judiciary
H. 4726 (Word version) -- Rep. Bowers: A BILL TO AMEND SECTION 12-43-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CLASSIFICATIONS OF PROPERTY AND ASSESSMENT RATIOS FOR PURPOSES OF THE PROPERTY TAX, SO AS TO PROVIDE THAT THE FOUR PERCENT ASSESSMENT RATIO ALLOWED OWNER-OCCUPIED RESIDENTIAL PROPERTY EXTENDS TO AN OWNER'S NONADJACENT RESIDENTIAL PROPERTY OCCUPIED BY THE OWNER'S IMMEDIATE FAMILY.
Referred to Committee on Ways and Means
H. 4727 (Word version) -- Rep. Barrett: A BILL TO AMEND CHAPTER 28, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SELF-SUFFICIENCY AND DISABILITY TRUST FUNDS AND AID FOR DEVELOPMENTALLY DISABLED, MENTALLY ILL, AND PHYSICALLY HANDICAPPED PERSONS, BY ADDING ARTICLE 5 SO AS TO ENACT THE WORK INCENTIVES IMPROVEMENT ACT OF 2002, INCLUDING PROVISIONS FOR THE DEPARTMENT OF DISABILITIES AND SPECIAL NEEDS TO PROMULGATE REGULATIONS ADMINISTERING CERTAIN MEDICAID BUY-IN PROGRAMS, AND TO APPLY FOR DEMONSTRATION PROJECTS UNDER THE SOCIAL SECURITY DISABILITY INSURANCE AND SUPPLEMENTAL SECURITY INCOME PROGRAMS, TO PROVIDE FOR APPLICATIONS BY THE DEPARTMENT FOR WAIVERS RELATING TO MEDICAID BUY-IN PROGRAMS, TO PROVIDE FOR APPLICATIONS FOR GRANTS TO SUPPORT STATE INFRASTRUCTURES TO SUPPORT WORKING INDIVIDUALS WITH DISABILITIES, TO PROVIDE FOR THE ESTABLISHMENT, COORDINATION, AND AUTHORIZATION FOR APPROPRIATIONS FOR A COMMUNITY-BASED WORK INCENTIVE OUTREACH PROGRAM FOR DISSEMINATING INFORMATION TO INDIVIDUALS WITH DISABILITIES ON WORK INCENTIVES, TO PROVIDE FOR THE ESTABLISHMENT OF CRITERIA FOR DETERMINING THE EFFECTIVENESS OF THE STATE'S WORK INCENTIVE INITIATIVES, TO PROVIDE FOR DEVELOPMENT OF A STRATEGY FOR ENHANCING EMPLOYMENT OPPORTUNITIES FOR INDIVIDUALS WITH DISABILITIES, AND TO PROVIDE FOR THE ESTABLISHMENT, DUTIES, AND MEMBERSHIP OF THE "WORK AND WORK INCENTIVES ADVISORY PANEL".
Referred to Committee on Ways and Means
H. 4728 (Word version) -- Reps. Owens, Knotts, Whatley, G. M. Smith, W. D. Smith, Allison, Bales, Barfield, Barrett, Coates, Coleman, Delleney, Frye, Gilham, Harrison, Huggins, Kelley, Koon, Limehouse, Littlejohn, Lourie, Lucas, Martin, McGee, Quinn, Rivers, Robinson, Rutherford, Sandifer, Scarborough, Sinclair, D. C. Smith, J. E. Smith, J. R. Smith, Talley, Thompson, Walker, Weeks, White and A. Young: A BILL TO AMEND SECTION 24-13-470, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL THROWING OF BODY FLUIDS ON AN EMPLOYEE OF A STATE OR LOCAL CORRECTIONAL FACILITY BY AN INMATE, AND THE PENALTIES IMPOSED UPON A PERSON WHO VIOLATES THE PROVISIONS CONTAINED IN THIS SECTION, SO AS TO PROVIDE THAT IN ADDITION TO AN INMATE, THIS PROVISION ALSO APPLIES TO A DETAINEE, A PERSON TAKEN INTO CUSTODY, OR A PERSON UNDER ARREST WHO THROWS CERTAIN BODY FLUIDS ON AN EMPLOYEE OF A STATE OR LOCAL CORRECTIONAL FACILITY, OR A STATE OR LOCAL LAW ENFORCEMENT OFFICER.
Referred to Committee on Judiciary
H. 4729 (Word version) -- Reps. Knotts and Whatley: A BILL TO AMEND ARTICLE 9, CHAPTER 6, TITLE 23, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DIVISION OF TRAINING AND CONTINUING EDUCATION OF THE DEPARTMENT OF PUBLIC SAFETY, BY ADDING SECTION 23-6-431 SO AS TO PROVIDE FOR FUNDING OF LAW ENFORCEMENT TRAINING COSTS AT THE CRIMINAL JUSTICE ACADEMY FROM THE SOUTH CAROLINA EDUCATION LOTTERY ACCOUNT AND TO PROVIDE ELIGIBILITY REQUIREMENTS.
Referred to Committee on Ways and Means
H. 4730 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF ARCHIVES AND HISTORY, RELATING TO GENERAL RETENTION SCHEDULE FOR STATE ADMINISTRATIVE RECORDS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2666, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without Reference
H. 4731 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF ARCHIVES AND HISTORY, RELATING TO GENERAL RETENTION SCHEDULE FOR STATE FINANCIAL RECORDS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2667, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without Reference
H. 4732 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF ARCHIVES AND HISTORY, RELATING TO GENERAL RETENTION SCHEDULES FOR COUNTY RECORDS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2669, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without Reference
H. 4733 (Word version) -- Rep. Walker: A BILL TO AMEND SECTION 59-26-85, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE NATIONAL BOARD FOR PROFESSIONAL TEACHING STANDARDS (NBPTS) CERTIFICATION OF TEACHERS AND INCREASES IN PAY RESULTING FROM THIS CERTIFICATION, SO AS TO PROVIDE THAT WITH FUNDS APPROPRIATED AND SPECIFICALLY DESIGNATED FOR THIS PURPOSE BY THE GENERAL ASSEMBLY, SPEECH-LANGUAGE PATHOLOGISTS WHO HAVE RECEIVED NATIONAL CERTIFICATION FROM THE AMERICAN SPEECH-LANGUAGE HEARING ASSOCIATION (ASHA) SHALL RECEIVE THE SAME INCREASE IN PAY FOR THE LIFE OF THE ASHA CERTIFICATION AS DO TEACHERS WHO HAVE RECEIVED NBPTS CERTIFICATION.
Referred to Committee on Ways and Means
H. 4734 (Word version) -- Reps. Walker, Cato, Allison, Altman, Bales, Barfield, Barrett, Bingham, G. Brown, Campsen, Chellis, Coates, Cooper, Dantzler, Davenport, Edge, Emory, Fleming, Frye, Gilham, Hamilton, Harrison, Haskins, Hinson, Huggins, Keegan, Kelley, Kirsh, Knotts, Koon, Law, Leach, Limehouse, Littlejohn, Loftis, Lucas, McCraw, McGee, McLeod, Meacham-Richardson, Merrill, J. M. Neal, Ott, Owens, Phillips, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Sandifer, Sharpe, Simrill, Sinclair, D. C. Smith, G. M. Smith, J. R. Smith, W. D. Smith, Snow, Stille, Stuart, Talley, Thompson, Townsend, Tripp, Trotter, Vaughn, Webb, Whatley, White, Wilder, Wilkins, Witherspoon, A. Young and J. Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 13 TO CHAPTER 77, TITLE 38, RELATING TO AUTOMOBILE INSURANCE, SO AS TO ESTABLISH PROVISIONS FOR USING CREDIT INFORMATION IN MAKING UNDERWRITING AND RATE MAKING DECISIONS.
Referred to Committee on Labor, Commerce and Industry
H. 4735 (Word version) -- Reps. Clyburn, Hosey, Lourie and Carnell: A BILL TO AMEND SECTION 59-150-230, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WITHHOLDING OF A PERCENTAGE OF LOTTERY PRIZE WINNINGS FOR INCOME TAX, SO AS TO ALLOW THE RECIPIENT OF A PRIZE IN EXCESS OF ONE HUNDRED THOUSAND DOLLARS TO ELECT TO HAVE THE AMOUNT WITHHELD FOR STATE INCOME TAX PAID OVER TO THE PUBLIC SCHOOL, SCHOOL DISTRICT, OR INSTITUTION OF HIGHER LEARNING OF HIS CHOICE AND TO PROVIDE THAT THE DESIGNATION DOES NOT GIVE RISE TO A CHARITABLE DEDUCTION OR TO A CHANGE OTHERWISE IN THE RECIPIENT'S TAXABLE INCOME.
Referred to Committee on Ways and Means
H. 4736 (Word version) -- Reps. Harvin and J. Young: A BILL TO AUTHORIZE THE BOARD OF TRUSTEES OF SCHOOL DISTRICT 1 OF CLARENDON COUNTY TO ISSUE GENERAL OBLIGATIONS BONDS OF THE DISTRICT UP TO ITS CONSTITUTIONAL DEBT LIMIT TO FUND AN OPERATING DEFICIT AND CURRENT OPERATING EXPENDITURES; TO PRESCRIBE THE CONDITIONS UNDER WHICH THE BONDS MAY BE ISSUED AND THE PURPOSES FOR WHICH THE PROCEEDS MAY BE EXPENDED; AND TO MAKE PROVISION FOR THE PAYMENT OF THE BONDS.
Referred to Clarendon Delegation
H. 4737 (Word version) -- Reps. Vaughn, Miller, Cotty, Clyburn, Simrill, McLeod, Allen, Allison, Bales, Battle, Bingham, Breeland, G. Brown, J. Brown, R. Brown, Carnell, Cato, Cobb-Hunter, Davenport, Easterday, Freeman, Gourdine, Harvin, Haskins, Hayes, M. Hines, Hinson, Hosey, Jennings, Kennedy, Kirsh, Koon, Law, Leach, Lee, Littlejohn, Lloyd, Lourie, Lucas, Mack, Martin, McCraw, Moody-Lawrence, J. H. Neal, Neilson, Parks, Phillips, Rhoad, Rice, Riser, Robinson, Scott, Sinclair, F. N. Smith, J. E. Smith, J. R. Smith, Snow, Stille, Stuart, Talley, Townsend, Tripp, Walker, Weeks, Wilder and Wilkins: A BILL TO AMEND SECTION 4-1-170, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ESTABLISHMENT OF MULTI-COUNTY INDUSTRIAL OR BUSINESS PARKS, SO AS TO PROVIDE THAT AGREEMENTS ESTABLISHING THESE PARKS MUST PROVIDE THAT EXPENSES OF THE PARK MUST BE PAID FROM PAYMENTS DUE COUNTIES, TO PROVIDE THAT SCHOOL DISTRICTS AND SPECIAL PURPOSE DISTRICTS IN WHICH PARK PROPERTY IS SITUATED MUST RECEIVE A PAYMENT EQUIVALENT TO PROPERTY TAXES OR OTHER IN-LIEU-OF TAX PAYMENTS BASED ON ASSESSED VALUE AND MILLAGE WITHOUT REDUCTION FOR ANY REASON EXCEPT WHERE A SPECIAL PURPOSE DISTRICT AGREES TO PAY PARK EXPENSES, TO PROVIDE THAT FOR PAYMENTS PURSUANT TO AN AGREEMENT ENTERED INTO OR ORDINANCE ENACTED BEFORE JULY 1, 2002, WHICH PROVIDES A REDUCED AMOUNT TO A SCHOOL DISTRICT, THE DISTRICT MUST BE PAID BY THE COUNTY THE SUM NECESSARY TO PROVIDE AN UNREDUCED PAYMENT, AND TO PROVIDE APPROPRIATE DEFINITIONS.
Referred to Committee on Ways and Means
H. 4738 (Word version) -- Reps. Loftis, Robinson, Barfield, Barrett, Cato, Davenport, Easterday, Frye, Gilham, Hamilton, Haskins, Riser, Sandifer, Sinclair, J. R. Smith, Trotter and Vaughn: A BILL TO AMEND SECTION 44-37-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NEONATAL TESTING OF CHILDREN, SO AS TO DELETE THE PROVISION REQUIRING THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO STORE BLOOD TAKEN TO PERFORM THESE TESTS AND TO HAVE IT AVAILABLE FOR ADDITIONAL TESTS.
Referred to Committee on Medical, Military, Public and Municipal Affairs
H. 4739 (Word version) -- Reps. Howard, G. Brown, J. H. Neal, Weeks, Whipper, Hosey, Clyburn and Keegan: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-150-385 SO AS TO ESTABLISH THE BROADENING UNIVERSITY IMPROVEMENTS TO LIFE DIVERSITY FUND (BUILD) USING MONIES FROM THE EDUCATION LOTTERY ACCOUNT FOR THE PURPOSE OF PROVIDING GRANTS TO PRIVATE HISTORICALLY BLACK COLLEGES AND UNIVERSITIES TO BE USED FOR MAINTENANCE, REPAIR, RENOVATION, AND IMPROVEMENT OF CAPITAL FACILITIES.
Referred to Committee on Ways and Means
H. 4740 (Word version) -- Reps. Harrison and Wilkins: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 9, CHAPTER 21, TITLE 5 SO AS TO ENACT THE "MUNICIPAL FINANCE OVERSIGHT ACT OF 2002" TO CREATE THE MUNICIPAL FINANCE OVERSIGHT COMMISSION AND AN EXECUTIVE COMMITTEE OF THE COMMISSION, PROVIDE FOR THEIR COMPOSITION, POWERS, DUTIES, AND RESPONSIBILITIES, REQUIRE MUNICIPALITIES TO SUBMIT ANNUAL FINANCIAL REPORTS AND ANNUAL AUDITS, PROVIDE FOR SANCTIONS AGAINST MUNICIPALITIES THAT FAIL TO COMPLY WITH THE COMMISSION'S PLAN FOR REFINANCING, ADJUSTING, OR COMPROMISING A DEBT, PROVIDE PENALTIES FOR AN OFFICER OR EMPLOYEE OF A MUNICIPALITY WHO FAILS TO COMPLY WITH THE PROVISIONS OF ARTICLE 9 OF CHAPTER 21; AND TO AMEND SECTION 6-1-50, RELATING TO THE REQUIREMENT OF A FINANCIAL REPORT SUBMITTED BY COUNTIES AND MUNICIPALITIES TO THE COMPTROLLER GENERAL, SO AS TO REQUIRE THE REPORT BE SUBMITTED INSTEAD TO THE MUNICIPAL FINANCE COMMISSION AND DELETE A REFERENCE TO THE ADVISORY COMMISSION ON INTERGOVERNMENTAL RELATIONS.
Referred to Committee on Judiciary
H. 4742 (Word version) -- Rep. McLeod: A BILL TO AMEND SECTION 12-36-2110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MAXIMUM SALES, USE, AND CASUAL EXCISE TAX ON VARIOUS ITEMS OF TANGIBLE PERSONAL PROPERTY, INCLUDING MOTOR VEHICLES, SO AS TO IN ALL INSTANCES RAISE THE MAXIMUM TAX FROM THREE HUNDRED TO FIVE HUNDRED DOLLARS.
Referred to Committee on Ways and Means
S. 633 (Word version) -- Senator Mescher: A BILL TO AMEND SECTION 51-13-220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT AND TERMS OF MEMBERS OF THE SANTEE-COOPER COUNTIES PROMOTIONS COMMISSION, TO PROVIDE THAT THE TERMS OF THE MEMBERS SHALL BE FOR FOUR YEARS INSTEAD OF ONE YEAR, AND TO MAKE CERTAIN TECHNICAL CHANGES.
Referred to Committee on Judiciary
S. 881 (Word version) -- Senator McConnell: A BILL TO AMEND SECTION 59-112-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MEMBERS OF THE ARMED SERVICES OF THE UNITED STATES STATIONED IN SOUTH CAROLINA AND THEIR DEPENDENTS BEING ELIGIBLE FOR IN-STATE TUITION RATES, SO AS TO PROVIDE THAT MEMBERS OF THE COAST GUARD AND THEIR DEPENDENTS STATIONED IN THIS STATE ARE ALSO ELIGIBLE FOR IN-STATE TUITION RATES.
Referred to Committee on Ways and Means
S. 893 (Word version) -- Senator Gregory: A BILL TO AMEND SECTION 50-11-430, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE KILLING OF BEAR, SO AS TO DELETE THE EXISTING PROVISIONS AND PROVIDE FOR OPEN SEASON IN GAME ZONE ONE FOR STILL GUN AND PARTY DOG HUNTS AND TO PROVIDE THAT IN ALL OTHER ZONES THERE ARE NO OPEN SEASONS; TO REQUIRE THAT BEAR TAKEN BE REPORTED TO THE DEPARTMENT OF NATURAL RESOURCES' CLEMSON OFFICE; TO PROVIDE THAT IT IS UNLAWFUL TO TAKE A BEAR EXCEPT DURING OPEN SEASON; TO OTHERWISE RESTRICT THE TAKING, METHOD OF HUNTING, OR POSSESSION OF CERTAIN BEAR AND BEAR PARTS; AND TO PROVIDE PENALTIES.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs
S. 927 (Word version) -- Senator Gregory: A BILL TO RESTRICT THE PLACEMENT OF OUTDOOR ADVERTISING ALONG A PORTION OF UNITED STATES HIGHWAY 521 IN LANCASTER COUNTY.
Referred to Lancaster Delegation
The following was introduced:
H. 4741 (Word version) -- Reps. Campsen, Harrell and Cotty: A HOUSE RESOLUTION EXPRESSING THE SENSE OF THE HOUSE OF REPRESENTATIVES THAT NO PERMANENT LAW, I.E., PART II'S, SHOULD BE INCLUDED IN THE GENERAL APPROPRIATIONS BILL FOR FISCAL YEAR 2002-2003, WHEN THE BILL IS UNDER CONSIDERATION IN THE HOUSE BEGINNING MARCH 11, 2002.
The Resolution was ordered referred to the Committee on Ways and Means.
The roll call of the House of Representatives was taken resulting as follows:
Allen Allison Altman Bales Barfield Barrett Battle Bingham Bowers Breeland Brown, G. Brown, J. Brown, R. Campsen Carnell Cato Chellis Clyburn Coates Cobb-Hunter Coleman Cooper Cotty Dantzler Davenport Delleney Easterday Edge Emory Fleming Freeman Frye Gilham Gourdine Hamilton Harrell Harrison Haskins Hayes Hines, J. Hines, M. Hinson Hosey Howard Huggins Jennings Keegan Kelley Kennedy Kirsh Klauber Knotts Koon Law Leach Lee Limehouse Littlejohn Lloyd Loftis Lourie Lucas Mack Martin McCraw McGee McLeod Meacham-Richardson Merrill Miller Moody-Lawrence Neal, J.H. Neal, J.M. Ott Owens Parks Perry Phillips Quinn Rhoad Rice Riser Rivers Robinson Rodgers Sandifer Scarborough Scott Sharpe Sheheen Simrill Smith, D.C. Smith, F.N. Smith, G.M. Smith, J.E. Smith, J.R. Smith, W.D. Snow Stille 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 Thursday, February 14.
Harry Askins Elsie Stuart Jerry Govan Denny Neilson Alex Harvin
LEAVE OF ABSENCE
The SPEAKER granted Rep. SINCLAIR a leave of absence due to illness.
Announcement was made that Dr. Ozell Mikell of Hilton Head 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. 4695 (Word version)
Date: ADD:
02/14/02 WHITE
Bill Number: H. 4592 (Word version)
Date: ADD:
02/14/02 MCLEOD
Bill Number: H. 4594 (Word version)
Date: ADD:
02/14/02 KLAUBER
Bill Number: H. 4550 (Word version)
Date: ADD:
02/14/02 MCLEOD
Bill Number: H. 4551 (Word version)
Date: ADD:
02/14/02 MCLEOD
Bill Number: H. 4548 (Word version)
Date: ADD:
02/14/02 MCLEOD
Bill Number: H. 4549 (Word version)
Date: ADD:
02/14/02 MCLEOD
The following Bills were taken up, read the third time, and ordered sent to the Senate:
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.
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.
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.
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 following Bill was taken up:
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 Agriculture, Natural Resources and Environmental Affairs Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\SWB\AMEND\5098DJC02), which was adopted:
Amend the bill, as and if amended, SECTION 1, page 2, line 29, Section 12-28-2730(A) by striking the last sentence of subsection (A) and inserting:
/ All balances in the fund must be carried forward annually so that no part of it reverts to any other fund. /
When amended, Section 12-28-2730(A) shall read:
/ (A) One percent of the proceeds from thirteen cents of the gasoline tax imposed pursuant to this chapter must be transmitted to the Department of Natural Resources for a special water recreational resources fund of the State. All balances in the fund must be carried forward annually so that no part of it reverts to any other fund. /
Amend the bill further, SECTION 1, page 2, line 38, Section 12-28-2730(B), by adding a new sentence at the end of subsection (B) to read:
/ These funds may be used to promote activities that take place on the water for recreation provided that no more than ten percent of each annual allocation may be used for this purpose beginning July 1, 2003./
When amended, Section 12-28-2730(B) shall read:
/ (B) The fund must be apportioned based upon the number of registered boats or other watercraft in each county and expended by the department to acquire, create, or improve water recreational resources. As used in this section 'water recreational resources' means public waters which are naturally occurring or which provide habitat for fish, aquatic animals, or waterfowl and which must provide public recreational opportunities. These funds may be used to promote activities that take place on the water for recreation provided that no more than ten percent of each annual allocation may be used for this purpose beginning July 1, 2003. /
Amend the bill further, SECTION 1, page 3, line 9, Section 12-28-2730, by adding a new subsection to read:
/ (F) Any funds collected by the state treasury between January 7, 2002, and the effective date of this act which would have been allocated to the Water Recreation Resource Fund created by Section 12-28-2730 must be allocated to the fund created by this section. /
Renumber sections to conform.
Amend title to conform.
Rep. DAVENPORT explained the amendment.
The amendment was then adopted.
Rep. MILLER proposed the following Amendment No. 2 (Doc Name COUNCIL\SWB\AMEND\5116DJC02), which was adopted:
Amend the bill, as and if amended, by adding three new subsections appropriately lettered to read:
/ "( ) The department must dispose of all surplus property owned by the department or subject to its custody and control for purposes of disposal in the manner provided by law for the disposition of surplus state property. Notwithstanding another provision of law or policy, it is unlawful for retired employees of the department to purchase surplus property directly from the department. It is not unlawful for retired employees to purchase surplus property that is disposed of according to law and sold at public auction.
( ) All proceeds from the sale of the department's surplus property that was originally purchased with a county's water recreational resources funds must be returned to the county that originally purchased the property and placed in that county's water recreational resources fund.
( ) Beginning with property purchased during fiscal year 2000, the department must provide the legislative delegations of each county with an annual inventory of all property purchased with the county's water recreational resources funds on or before the beginning of the next ensuing session of the General Assembly." /
Renumber sections to conform.
Amend totals and title to conform.
Rep. MILLER explained the amendment.
Rep. KNOTTS spoke in favor of the amendment.
The amendment was then adopted.
Rep. DAVENPORT explained the Bill.
Rep. DAVENPORT continued speaking.
Reps. KLAUBER, CARNELL, PARKS, BALES and TAYLOR requested debate on the Bill.
The following Bill was taken up, read the second time, and ordered to a third reading:
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, A. Young and White: 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 explained the Bill.
On motion of Rep. CHELLIS, with unanimous consent, it was ordered that H. 4695 be read the third time tomorrow.
The following Bill was taken up:
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.
Rep. CARNELL made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up:
H. 4592 (Word version) -- Reps. Townsend, Martin, Walker, McLeod, 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.
Rep. CARNELL 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.
Rep. ROBINSON withdrew his request for debate on S. 204; however, other requests for debate remained on the Bill.
On motion of Rep. HARRISON, with unanimous consent, the following Bill was ordered recalled from the Committee on Judiciary and was referred to the Committee on Education and Public Works:
H. 4711 (Word version) -- Reps. Easterday, Hamilton, Haskins and Rice: A BILL TO AMEND SECTION 56-1-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS WHO MAY NOT BE ISSUED A DRIVER'S LICENSE OR HAVE THEIR DRIVER'S LICENSE RENEWED, SO AS TO PROVIDE THAT PERSONS FROM OTHER COUNTRIES WHO ARE PRESENT IN SOUTH CAROLINA WHO POSSESS ONE OF SEVERAL SPECIFIED FORMS OF DOCUMENTATION THAT PROVES THAT THEY ARE IN THE STATE LEGALLY MAY OBTAIN A DRIVER'S LICENSE OR HAVE THEIR DRIVER'S LICENSE RENEWED.
Rep. SHARPE asked unanimous consent to recall H. 4548 from the Committee on Ways and Means.
Rep. KIRSH objected.
Rep. SHARPE asked unanimous consent to recall H. 4549 from the Committee on Ways and Means.
Rep. KIRSH objected.
Rep. SHARPE asked unanimous consent to recall H. 4550 from the Committee on Ways and Means.
Rep. KIRSH objected.
Rep. SHARPE asked unanimous consent to recall H. 4551 from the Committee on Ways and Means.
Rep. KIRSH objected.
Rep. TOWNSEND asked unanimous consent to recall H. 4432 from the Committee on Education and Public Works.
Rep. WHITE objected.
Rep. FRYE asked unanimous consent to recall H. 4636 from the Committee on Ways and Means.
Rep. KEEGAN objected.
Rep. HARRISON moved that the House recur to the Morning Hour, which was agreed to.
On motion of Rep. SHARPE, with unanimous consent, the following Bill was ordered recalled from the Committee on Ways and Means and was referred to the Committee on Agriculture, Natural Resources and Environmental Affairs:
H. 4548 (Word version) -- Reps. W. D. Smith, Scarborough and McLeod: A BILL TO AMEND SECTIONS 4-12-30, 4-29-67, AND 12-44-30, ALL AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE VARIOUS FEES IN LIEU OF PROPERTY TAXES AND THE APPLICABLE INVESTMENT THRESHOLDS FOR ELIGIBILITY FOR THESE FEES, SO AS TO PROVIDE THAT THERE MAY BE INCLUDED TO MEET THE MINIMUM INVESTMENT THRESHOLD REQUIREMENT AMOUNTS EXPENDED FOR COSTS INCURRED FOR VOLUNTARY CLEANUP ACTIVITY OF A NONRESPONSIBLE PARTY PURSUANT TO ARTICLE 7, CHAPTER 56, TITLE 44 OF THE 1976 CODE, THE BROWNFIELDS VOLUNTARY CLEANUP PROGRAM AND TO PROVIDE THAT AT LEAST ONE MILLION DOLLARS OF CLEANUP COSTS INCURRED QUALIFY THE PROJECT FOR THE FEE.
On motion of Rep. SHARPE, with unanimous consent, the following Bill was ordered recalled from the Committee on Ways and Means and was referred to the Committee on Agriculture, Natural Resources and Environmental Affairs:
H. 4549 (Word version) -- Reps. W. D. Smith, Scarborough and McLeod: A BILL TO AMEND SECTION 12-6-3360, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TARGETED JOBS TAX CREDIT, SO AS TO ALLOW AN ADDITIONAL CREDIT EQUAL TO ONE THOUSAND DOLLARS FOR AN OTHERWISE QUALIFYING NEWLY CREATED JOB IF THE JOB IS CREATED AT A FACILITY ON PROPERTY WHICH HAS BEEN THE SUBJECT OF A COMPLETED RESPONSE ACTION PURSUANT TO A NONRESPONSIBLE PARTY VOLUNTARY CLEANUP CONTRACT UNDER ARTICLE 7, CHAPTER 56, TITLE 44 OF THE 1976 CODE, THE BROWNFIELDS VOLUNTARY CLEANUP PROGRAM.
On motion of Rep. SHARPE, with unanimous consent, the following Bill was ordered recalled from the Committee on Ways and Means and was referred to the Committee on Agriculture, Natural Resources and Environmental Affairs:
H. 4550 (Word version) -- Reps. W. D. Smith, Scarborough and McLeod: A BILL TO AMEND SECTION 12-37-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO ALLOW AN EXEMPTION FROM COUNTY TAXES FOR FIVE YEARS ON PROPERTY SUBJECT TO A NONRESPONSIBLE PARTY VOLUNTARY CLEAN-UP CONTRACT FOR WHICH A CERTIFICATE OF COMPLETION HAS BEEN ISSUED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL.
On motion of Rep. SHARPE, with unanimous consent, the following Bill was ordered recalled from the Committee on Ways and Means and was referred to the Committee on Agriculture, Natural Resources and Environmental Affairs:
H. 4551 (Word version) -- Reps. W. D. Smith, Scarborough and McLeod: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-3550 SO AS TO ALLOW A STATE CORPORATE INCOME TAX CREDIT FOR EXPENSES INCURRED BY A TAXPAYER IN CLEANING UP A SITE PURSUANT TO ARTICLE 7, CHAPTER 56, TITLE 44 OF THE 1976 CODE, THE BROWNFIELD VOLUNTARY CLEANUP ACT, TO PROVIDE THE AMOUNT OF THE CREDIT, THOSE ELIGIBLE TO RECEIVE IT, AND THE PROCEDURES NECESSARY TO CLAIM THE CREDIT.
Rep. HARRISON asked unanimous consent to recall H. 4682 from the Committee on Judiciary.
Rep. SCOTT objected.
Rep. KNOTTS asked unanimous consent to recall H. 4636 from the Committee on Ways and Means.
Rep. KEEGAN objected.
Rep. KOON asked unanimous consent to recall H. 4636 from the Committee on Ways and Means.
Rep. KEEGAN objected.
Rep. SCOTT asked unanimous consent to recall H. 4501 from the Committee on Judiciary.
Rep. COTTY objected.
Rep. HUGGINS asked unanimous consent to recall H. 4636 from the Committee on Ways and Means.
Rep. KEEGAN objected.
Rep. RISER asked unanimous consent to recall H. 4636 from the Committee on Ways and Means.
Rep. KEEGAN objected.
Rep. EASTERDAY asked unanimous consent to recall H. 4682 from the Committee on Judiciary.
Rep. SHEHEEN objected.
Rep. KNOTTS asked unanimous consent to recall H. 4636 from the Committee on Ways and Means.
Rep. KEEGAN objected.
On motion of Rep. HARRISON, with unanimous consent, the following Bill was ordered recalled from the Committee on Judiciary:
H. 4682 (Word version) -- Rep. Harrison: A BILL TO AMEND SECTION 36-9-109, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SCOPE OF THE UNIFORM COMMERCIAL CODE PROVISIONS GOVERNING SECURED TRANSACTIONS, SO AS TO MAKE PROVISIONS INAPPLICABLE TO A TRANSFER BY A GOVERNMENTAL UNIT AFTER JUNE 30, 2001, AND TO DELETE THE PREEMPTION OF THESE PROVISIONS GOVERNING SECURED TRANSACTIONS BY A STATUTE OF THIS STATE OR ANOTHER STATE OR FOREIGN COUNTRY.
Upon the withdrawal of requests for debate by Reps. LOFTIS, MCGEE and PERRY, with unanimous consent, the following Bill was taken up:
S. 204 (Word version) -- Senators Hawkins and Richardson: A BILL TO AMEND TITLE 30, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 2, SO AS TO CREATE THE "FAMILY PRIVACY PROTECTION ACT OF 2001" TO ESTABLISH STATE POLICY REGARDING THE USE AND DISSEMINATION OF PERSONAL INFORMATION; TO DEFINE CERTAIN TERMS; TO ESTABLISH CERTAIN DISCLOSURE AND NOTIFICATION REQUIREMENTS; TO PROHIBIT A PUBLIC BODY FROM SELLING, PROVIDING ACCESS TO, OR FURNISHING TO A PRIVATE PERSON OR ENTITY A PUBLIC RECORD FOR USE BY THAT PRIVATE PERSON OR ENTITY FOR COMMERCIAL SOLICITATION WHICH IS DIRECTED TO A RESIDENT OF THIS STATE; AND TO PROVIDE PENALTIES FOR CERTAIN VIOLATIONS OF THESE PROVISIONS.
Reps. ROBINSON and LOFTIS proposed the following Amendment No. 4 (Doc Name COUNCIL\NBD\AMEND\11244AC02):
Amend the bill, as and if amended, Section 30-2-30, page 2, immediately after line 35 by inserting:
/(4) medical information includes, but is not limited to, blood samples and test results obtained and kept by the Department of Health and Environmental Control pursuant to Section 44-37-30./
Amend the bill, further, by adding an appropriately numbered SECTION to read:
/SECTION __. Section 44-37-30(A) of the 1976 Code, as last amended by Act 418 of 1994, is further amended to read:
/(A) Every child born in this State shall have neonatal testing to detect inborn metabolic errors and hemoglobinopathies. The Department of Health and Environmental Control shall prescribe by regulation the tests to be performed, the persons and institutions responsible for obtaining necessary samples for the prescribed test, the procedures to be followed in testing and recording the results of the tests, methods and procedures for temporary storage of the samples, and the provision of appropriate counseling and medical referral. A parent may request in writing, on forms provided by the department to have his or her child's blood stored for possible additional tests as the department prescribes by regulation. If the request is not received within six months of the child's birth, the blood must be disposed of. Blood taken to perform these tests must be stored by the department at minus 20° centigrade and available for additional tests as the department prescribes by regulation. /
Amend the bill, further, by adding an appropriately numbered SECTION to read:
/SECTION __. The Department of Health and Environmental Control shall develop a policy concerning disposing of blood samples retained by the department pursuant to Section 44-37-30. The policy must include procedures for notifying the parents of each child for whom a sample is stored that the sample will be disposed of six months after notification and procedures to provide the parent the option to request the department to retain the sample for possible additional tests as the department prescribes by regulation as provided for in Section 44-37-30./
Renumber sections to conform.
Amend totals and title to conform.
Rep. ROBINSON explained the amendment.
Rep. MCLEOD raised the Point of Order that Amendment No. 4 was out of order in that it was not germane to the Bill.
SPEAKER WILKINS overruled the Point of Order.
Reps. CARNELL, WILDER, KLAUBER, MCLEOD, PARKS, TAYLOR, OTT, WEEKS, CLYBURN, J. H. NEAL, MCGEE, LLOYD, WHATLEY, MACK and GOURDINE requested debate on the Bill.
The motion period was dispensed with on motion of Rep. FLEMING.
Debate was resumed on the following Bill, the pending question being the consideration of amendments:
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, CAMPSEN and A. YOUNG proposed the following Amendment No. 7 (Doc Name COUNCIL\BBM\AMEND\ 10357HTC01), which was tabled:
Amend the bill, as and if amended, in Section 48-59-80(G), by striking items (1) and (2) and inserting:
/ (1) an appraisal of the fair market value of the property or interest in property to be considered;
(2) 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
(3) majority vote of the State Budget and Control Board. /
Amend title to conform.
Rep. COTTY moved to table the amendment, which was agreed to.
Rep. LOFTIS proposed the following Amendment No. 9 (Doc Name COUNCIL\NBD\AMEND\11751AC01), which was tabled:
Amend the bill, as and if amended, by adding:
/Section 48-59-130. Notwithstanding any other provision of law, the provisions of the Freedom of Information Act, Chapter 4, Title 30, apply to all public records and public meetings affected by this chapter./
Renumber sections to conform.
Amend totals and title to conform.
Rep. LOFTIS moved to table the amendment, which was agreed to.
Reps. CAMPSEN and J. R. SMITH proposed the following Amendment No. 10 (Doc Name COUNCIL\BBM\AMEND\ 10409HTC01), which was tabled:
Amend the bill, as and if amended, by striking Section 48-59-40(A)(2)(d), as contained in SECTION 1 and inserting:
/ (d) one must be a rural landowner; /
Amend title to conform.
Rep. CAMPSEN moved to table the amendment, which was agreed to.
Reps. BARRETT and CAMPSEN proposed the following Amendment No. 11 (Doc Name COUNCIL\NBD\AMEND\ 11724AC01):
Amend the bill, as and if amended, Section 48-59-40(E) by adding at the end of subsection (E), which was tabled:
/The board shall provide an opportunity at each meeting for public input./
Renumber sections to conform.
Amend totals and title to conform.
Rep. CAMPSEN moved to table the amendment, which was agreed to.
Rep. LOFTIS proposed the following Amendment No. 17 (Doc Name COUNCIL\SWB\AMEND\5500DJC01), which was tabled:
Amend the bill, as and if amended, Section 48-59-70(D)(13) as contained in SECTION 2, page 9, by striking item (13) of Section 48-59-70(D) in its entirety.
Renumber sections to conform.
Amend totals and title to conform.
Rep. LOFTIS moved to table the amendment, which was agreed to.
Rep. LOFTIS proposed the following Amendment No. 19 (Doc Name COUNCIL\GJK\AMEND\20704SD01), which was tabled:
Amend the bill, as and if amended, in Section 48-59-60 of the 1976 Code, as contained in SECTION 1, page 297-6, by striking the third sentence of the section and inserting: / The trust fund shall receive such revenues each year as the General Assembly in the annual general appropriations act shall appropriate from the state general fund. The trust fund may also receive governmental grants and private gifts and bequests. /
Amend further, as and if amended, in SECTION 2, page 297-14, by striking subsection (B) and inserting:
/(B) The fees collected pursuant to this section must be credited to the state general fund. /
Amend further, as and if amended, by striking SECTION 3 in its entirety.
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. 20 (Doc Name COUNCIL\GJK\AMEND\20714SD01), which was tabled:
Amend the bill, as and if amended, in Section 48-59-80 of the 1976 Code, page 297-12, by adding a new subsection appropriately lettered to read:
/( ) Except as otherwise provided in this section and in addition to any other provisions hereof, no interest in land acquired by an eligible trust fund recipient with trust funds may be extinguished, sold, transferred, assigned, alienated, or converted to a purpose or use other than that set forth in the grant or loan award, without securing a 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 a finding of fact that an existing highway is in need of improvement; /
Renumber sections to conform.
Amend totals and title to conform.
Rep. PERRY moved to table the amendment, which was agreed to.
Rep. LOFTIS proposed the following Amendment No. 22 (Doc Name COUNCIL\DKA\AMEND\4501MM01), which was tabled:
Amend the bill, as and if amended, Section 48-59-80(F), Section 1, by deleting the subsection in its entirety and inserting:
/ (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:
(1) may be assigned from one eligible trust fund recipient to another upon approval of the board by majority vote; and
(2) is subject to condemnation for other public purposes in the same manner as a conservation easement is subject to condemnation for other public purposes pursuant to Section 27-8-80. The person or entity empowered to condemn must undertake to return the affected land to its natural state immediately before the condemnation occurred./
Amend further, by deleting Section 48-59-120, as contained SECTION 1, in its entirety and inserting:
/ Section 49-59-120. (A) 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.
(B) The conservation easement purchased with trust funds is subject to condemnation for other public purposes pursuant to Section 27-8-80. The person or entity empowered to condemn must undertake to return the affected land to its natural state immediately before the condemnation occurred. /
Amend title to conform.
Rep. LOFTIS moved to table the amendment, which was agreed to.
Rep. J. H. NEAL proposed the following Amendment No. 25 (Doc Name COUNCIL\SWB\AMEND\5495DJC01), which was tabled:
Amend the bill, as and if amended, by striking SECTION 4 in its entirety and inserting:
/ "SECTION 4. Chapter 59, Title 48 of the 1976 Code and Sections 2 through 4 of this act are repealed effective July 1, 2007, or ten years after the full funding of the trust fund, whichever is greater, 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 48 of the 1976 Code was not repealed until the South Carolina Conservation Bank Trust Fund is exhausted or July 1, 2010, whichever first occurs. Any balance in that trust fund on July 1, 2010, 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." /
Renumber sections to conform.
Amend title to conform.
Rep. J. H. NEAL moved to table the amendment, which was agreed to.
Rep. J. H. NEAL proposed the following Amendment No. 26 (Doc Name COUNCIL\NBD\AMEND\11749AC01), which was tabled:
Amend the bill, as and if amended, by deleting Section 48-59-100 in its entirety.
Renumber sections to conform.
Amend totals and title to conform.
Rep. J. H. NEAL moved to table the amendment, which was agreed to.
Rep. J. H. NEAL proposed the following Amendment No. 27 (Doc Name COUNCIL\NBD\AMEND\11750AC01), which was tabled:
Amend the bill, as and if amended, by deleting Section 48-59-20(4) and (5) and inserting:
/(4) There is a critical need to fund the preservation of wildlife habitats, outstanding natural areas, sites of unique ecological significance, historical sites, forestlands, farmlands, watersheds, 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 benefit from the existence of the state's outstanding natural and historical sites./
Renumber sections to conform.
Amend totals and title to conform.
Rep. J. H. NEAL moved to table the amendment, which was agreed to.
Rep. J. H. NEAL proposed the following Amendment No. 28 (Doc Name COUNCIL\NBD\AMEND\11748AC01), which was tabled:
Amend the bill, as and if amended, by deleting Section 3 and inserting:
/SECTION 3. Notwithstanding the provisions of Section 12-24-90(B)(3) of the 1976 Code, effective July 1, 2002, ten cents of the one dollar thirty cent state deed recording fee must be credited to the South Carolina Conservation Bank Trust Fund./
Renumber sections to conform.
Amend totals and title to conform.
Rep. J. H. NEAL moved to table the amendment, which was agreed to.
Rep. J. H. NEAL proposed the following Amendment No. 29 (Doc Name COUNCIL\DKA\AMEND\4478MM01), which was tabled:
Amend the bill, as and if amended, by deleting SECTION 2 in its entirety.
Renumber sections to conform.
Amend title to conform.
Rep. J. H. NEAL moved to table the amendment, which was agreed to.
Rep. J. H. NEAL proposed the following Amendment No. 30 (Doc Name COUNCIL\DKA\AMEND\4480MM01), which was tabled:
Amend the bill, as and if amended, Section 48-59-20(6), SECTION 1, by deleting the item in its entirety.
Renumber items to conform.
Amend title to conform.
Rep. J. H. NEAL moved to table the amendment, which was agreed to.
Rep. J. H. NEAL proposed the following Amendment No. 31 (Doc Name COUNCIL\DKA\AMEND\4479MM01), which was tabled:
Amend the bill, as and if amended, Section 48-59-40(A), SECTION 1, page 297-3, line 22, by deleting / fifteen-member / and inserting /twelve-member /.
Amend further, Section 48-59-40(A)(1), by deleting the item in its entirety.
Renumber items to conform.
Amend title to conform.
Rep. J. H. NEAL moved to table the amendment, which was agreed to.
Rep. J.H. NEAL proposed the following Amendment No. 32 (Doc Name COUNCIL\PT\AMEND\1520DW01), which was tabled:
Amend the bill, as and if amended, by striking Section 48-59-50(A)(2) as contained in SECTION 1 and inserting:
/ (2) make loans to eligible trust fund recipients for the purchase of interests in land, at an interest rate not less than the prevailing commercial rate, 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; /
Amend title to conform.
Rep. J. H. NEAL moved to table the amendment, which was agreed to.
Rep. J. H. NEAL proposed the following Amendment No. 33 (Doc Name COUNCIL\PT\AMEND\1521DW01), which was tabled:
Amend the bill, as and if amended, by striking Section 48-59-50(B)(2) as contained in SECTION 1 and inserting:
/ (2) to promulgate regulations in accordance with the Administrative Procedures Act necessary to implement this chapter, including guidelines and procedures, consistent with the criteria and purposes of this chapter; /
Amend title to conform.
Rep. J. H. NEAL moved to table the amendment, which was agreed to.
Rep. J. H. NEAL proposed the following Amendment No. 34 (Doc Name COUNCIL\PT\AMEND\1519DW01), which was tabled:
Amend the bill, as and if amended, by striking Section 48-59-70(A) as contained in SECTION 1 and inserting:
/ (A) An eligible trust fund recipient may apply for a grant or loan from the trust fund to acquire an interest in land identified in its 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. It must hold a public hearing on the application at which the eligible trust fund recipient, contiguous landowners, and other interested parties may be heard. /
Amend title to conform.
Rep. J. H. NEAL moved to table the amendment, which was agreed to.
Rep. J. H. NEAL proposed the following Amendment No. 35 (Doc Name COUNCIL\BBM\AMEND\10384HTC01), which was tabled:
Amend the bill, as and if amended, by striking Section 48-59-70(I)(3), as contained in SECTION 1, and inserting:
/ (3) briefly describe the lands it has preserved in the State, including their size, location, and method of preservation. /
Amend title to conform.
Rep. J. H. NEAL moved to table the amendment, which was agreed to.
Rep. J. H. NEAL proposed the following Amendment No. 36 (Doc Name COUNCIL\BBM\AMEND\10385HTC01), which was tabled:
Amend the bill, as and if amended, in Section 48-59-40, as contained in SECTION 1, by striking subsection (E) and inserting:
/(E) The board shall meet at least twice annually in regularly scheduled meetings and in special meetings as the chairman may call. All meetings must be open to the public without exception. /
Amend title to conform.
Rep. J. H. NEAL moved to table the amendment, which was agreed to.
Rep. J. H. NEAL proposed the following Amendment No. 37 (Doc Name COUNCIL\BBM\AMEND\10386HTC01), which was tabled:
Amend the bill, as and if amended, in Section 48-59-70(M), as contained in SECTION 1, by striking the last sentence of the subsection and inserting:
/appraisals relating to an acquisition, regardless of when obtained, are public information and must be made public by the board when obtained. /
Amend title to conform.
Rep. J. H. NEAL moved to table the amendment, which was agreed to.
Rep. J. H. NEAL proposed the following Amendment No. 38 (Doc Name COUNCIL\SKB\AMEND\18533SOM01), which was tabled:
Amend the bill, as and if amended, in Section 48-59-110 as contained in SECTION 1, page [297-13] by inserting after / funds. / on line 27:
/ The Department of Natural Resources must determine what traditional and compatible activities are appropriate on lands preserved with trust funds. /
Renumber sections to conform.
Amend title to conform.
Rep. J. H. NEAL moved to table the amendment, which was agreed to.
Rep. J. H. NEAL proposed the following Amendment No. 39 (Doc Name COUNCIL\SKB\AMEND\18532SOM01), which was tabled:
Amend the bill, as and if amended, in Section 48-59-70(L) as contained in SECTION 1, page [297-10], line 16, by deleting / ten / and inserting / twenty-five /
Renumber sections to conform.
Amend title to conform.
Rep. J. H. NEAL moved to table the amendment, which was agreed to.
Rep. J. H. NEAL proposed the following Amendment No. 40 (Doc Name COUNCIL\SKB\AMEND\18534SOM01), which was tabled:
Amend the bill, as and if amended, in Section 48-59-70(E) as contained in SECTION 1, page [297-8], line 42 by adding:
/ (6) land must be purchased at fair market value unless the owner of the land consents in writing to accept a lower price./
Renumber sections to conform.
Amend title to conform.
Rep. J. H. NEAL moved to table the amendment, which was agreed to.
Rep. J. H. NEAL proposed the following Amendment No. 41 (Doc Name COUNCIL\GGS\AMEND\22103CM01), which was tabled:
Amend the bill, as and if amended, Section 48-59-80(D), as contained in SECTION 1, by striking Section 48-59-80(D), and inserting:
/ (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. /
Amend title to conform.
Rep. J. H. NEAL moved to table the amendment, which was agreed to.
Rep. J. H. NEAL proposed the following Amendment No. 42 (Doc Name COUNCIL\GGS\AMEND\22102CM01), which was tabled:
Amend the bill, as and if amended, Section 48-59-50(A)(4), as contained in SECTION 1, by striking Section 48-59-50(A)(4), and inserting:
/ (4) receive charitable contributions and donations to the trust fund, to be used as provided in this chapter. However, a person who makes a charitable contribution to the bank may engage in a transaction with the bank; and /
Amend title to conform.
Rep. J. H. NEAL moved to table the amendment, which was agreed to.
Rep. J. H. NEAL proposed the following Amendment No. 43 (Doc Name COUNCIL\GGS\AMEND\22104CM01), which was tabled:
Amend the bill, as and if amended, Section 48-59-80(J), as contained in SECTION 1, by striking Section 48-59-80(J), and inserting:
/ (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 must first donate a conservation easement upon the land to an eligible trust fund recipient before the sale. /
Amend title to conform.
Rep. J. H. NEAL moved to table the amendment, which was agreed to.
Reps. SHARPE and CAMPSEN proposed the following Amendment No. 44 (Doc Name COUNCIL\NBD\AMEND\11803AC01), which was tabled:
Amend the bill, as and if amended, Section 48-59-80(I) page 297-12 immediately after line 39 by inserting:
/This subsection does not apply to uses of land acquired pursuant to the South Carolina Eminent Domain Procedures Act./
Renumber sections to conform.
Amend totals and title to conform.
Rep. SHARPE moved to table the amendment, which was agreed to.
Rep. LOFTIS proposed the following Amendment No. 46 (Doc Name COUNCIL\NBD\AMEND\11837MM01), which was tabled:
Amend the bill, as and if amended, in Section 48-59-70(D)(7), page 297-8, line, by striking /critical open space,/ and lines 37 and 38 by striking /of open space/.
Renumber sections to conform.
Amend totals and title to conform.
Rep. LOFTIS moved to table the amendment, which was agreed to.
Rep. LOFTIS proposed the following Amendment No. 50 (Doc Name COUNCIL\GJK\AMEND\20712SD01), 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 / fifteen cents /
Renumber sections to conform.
Amend totals and title to conform.
Rep. LOFTIS moved to table the amendment, which was agreed to.
Rep. LOFTIS proposed the following Amendment No. 51 (Doc Name COUNCIL\GJK\AMEND\20703SD01), which was tabled:
Amend the bill, as and if amended, in Section 48-59-30 of the 1976 Code, as contained in SECTION 1, by striking item (8) and inserting:
/(8) 'Interest in lands' means conservation or other easements or rights of use for periods of thirty years or less to be renewable at the time of acquisition for additional stipulated periods the consideration for which is paid at the time of initial acquisition. /
Amend the bill further, as and if amended, by adding a new Section 48-59-45 to read:
/Section 48-59-45. The purchase or acquisition of interests in land by eligible trust fund recipients or other authorized entities may only be in the form of conservation or other easements or rights of use for periods of thirty years or less to be renewable at the time of acquisition for additional stipulated periods. The consideration for which is paid at the time of initial acquisition. No fee simple titles to land may be acquired pursuant to this chapter. /
Amend the bill further, as and if amended, by striking /permanent/ on line 15, page 297-7, as contained in Section 48-59-70;
Amend the bill further, as and if amended, in Section 48-59-70 by striking /fee title to/ on line 24, page 297-9, and inserting / interest in /;
Amend further, as and if amended, in Section 48-59-80(D), page 297-11, by adding at the end of the subsection the following / The provisions of this subsection do not apply where no title insurance company is willing to issue a policy on the particular type of interest in land acquired. /
Renumber sections to conform.
Amend totals and title to conform.
Rep. LOFTIS moved to table the amendment, which was agreed to.
Rep. LOFTIS proposed the following Amendment No. 55 (Doc Name COUNCIL\GJK\AMEND\20723SD01), which was tabled:
Amend the bill, as and if amended, in Section 48-59-80(F) of the 1976 Code, by striking /, 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 / which begins on line 3, page 297-12.
Renumber sections to conform.
Amend totals and title to conform.
Rep. LOFTIS moved to table the amendment, which was agreed to.
Rep. LOFTIS proposed the following Amendment No. 57 (Doc Name COUNCIL\GJK\AMEND\20745SD01), which was tabled:
Amend the bill, as and if amended, in SECTION 1, by adding a new Section 48-59-65 to read:
/ Section 48-59-65. If the fair market value of any real property, over which a conservation easement is granted, decreases in value due to a change in use or for other reasons, relating to the granting of the conservation easement, the State from the general fund shall reimburse all local political subdivisions for the ad valorem tax revenue lost as a result of the diminution in fair market value. /
Renumber sections to conform.
Amend totals and title to conform.
Rep. LOFTIS explained the amendment.
Rep. OTT moved to table the amendment, which was agreed to.
Rep. LOFTIS proposed the following Amendment No. 58 (Doc Name COUNCIL\GJK\AMEND\20744SD01), which was tabled:
Amend the bill, as and if amended, in SECTION 5, by striking /2015/ on line 36, page 15, and inserting / 2008 /; by striking /ten/ on line 36, page 15, and inserting / five /; by striking /2018/ on line 42, page 15 and inserting / 2009 / and by striking /2018/ on line 43, page 15, and inserting / 2009 /
Renumber sections to conform.
Amend totals and title to conform.
Rep. LOFTIS moved to table the amendment, which was agreed to.
Rep. PERRY proposed the following Amendment No. 60 (Doc Name COUNCIL\GJK\AMEND\20747SD01), which was tabled:
Amend the bill, as and if amended, by striking subsection (K) in Section 48-59-70 of the 1976 Code as contained in SECTION 1, page 11, and inserting:
/ (K) Notwithstanding any other provision of this chapter, a one hundred percent match must be provided or secured by an eligible trust fund recipient in order to acquire an interest in land as defined in this chapter or to receive a grant or loan from the Conservation Bank Trust Fund. /
Renumber sections to conform.
Amend totals and title to conform.
Rep. PERRY moved to table the amendment, which was agreed to.
The SPEAKER granted Rep. SIMRILL a leave of absence for the remainder of the day.
Rep. DAVENPORT proposed the following Amendment No. 66 (Doc Name COUNCIL\GGS\AMEND\22149CM01), which was tabled:
Amend the bill, as and if amended, SECTION 1, by adding the following appropriately numbered Section to read:
/ Section ____. Expect for land used for historical purposes, to qualify for a conservation easement, a trust fund applicant must possess at least fifty acres of land subject to the conservation easement. This requirement does not exclude the assembling of multiple parcels of land to meet the fifty acre minimum acreage requirement contained in this section. /
Renumber sections to conform.
Amend title to conform.
Rep. DAVENPORT moved to table the amendment, which was agreed to.
Rep. DAVENPORT proposed the following Amendment No. 67 (Doc Name COUNCIL\GGS\AMEND\22150CM01), which was tabled:
Amend the bill, as and if amended, SECTION 1, by adding the following appropriately numbered Section to read:
/ Section ____. Expect for land used for historical purposes, to qualify for a conservation easement, a trust fund applicant must possess at least twenty-five acres of land subject to the conservation easement. This requirement does not exclude the assembling of multiple parcels of land to meet the twenty-five acre minimum acreage requirement contained in this section. /
Renumber sections to conform.
Amend title to conform.
Rep. DAVENPORT moved to table the amendment, which was agreed to.
Rep. CAMPSEN proposed the following Amendment No. 72 (Doc Name COUNCIL\SWB\AMEND\5534HTC01), which was tabled:
Amend the bill, as and if amended, by striking SECTION 3 and inserting:
/ SECTION 3. Notwithstanding the provisions of Section 12-24-90(B)(3) of the 1976 Code, effective July 1, 2002, twenty-five cents of the one dollar thirty cent state deed recording fee must be credited to the South Carolina Conservation Bank Trust Fund. /
Renumber sections to conform.
Amend title to conform.
Rep. CAMPSEN moved to table the amendment, which was agreed to.
Rep. CAMPSEN proposed the following Amendment No. 73 (Doc Name COUNCIL\SWB\AMEND\5535HTC01), which was tabled:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION __. Notwithstanding the provisions of Section 12-24-90(B)(3) of the 1976 Code, effective July 1, 2002, twenty-five cents of the one dollar thirty cent state deed recording fee must be credited to the South Carolina Conservation Bank Trust Fund. /
Renumber sections to conform.
Amend title to conform.
Rep. CAMPSEN moved to table the amendment, which was agreed to.
Rep. BALES proposed the following Amendment No. 75 (Doc Name COUNCIL\GGS\AMEND\22161CM01), which was tabled:
Amend the bill, as and if amended, by adding the following appropriately numbered Section to read:
/ Section _____. Any land obtained by an eligible trust fund recipient must be recorded on a county's property tax roll by the appropriate county official. All county property taxes assessed against the property must be paid by the South Carolina Conservation Bank.
Renumber sections to conform.
Amend title to conform.
Rep. OTT moved to table the amendment, which was agreed to.
Rep. ALTMAN proposed the following Amendment No. 76 (Doc Name COUNCIL\SKB\AMEND\18127ZCW02), which was tabled:
Amend the bill, as and if amended, in Section 48-59-80 as contained in SECTION 1, page 14, by striking subsection (K) and inserting:
/ (K) Where a trust fund grant is used to acquire fee title to land, public access, and use of the land must be permitted at no cost to the public and during the same hours that local parks and playgrounds are open to the public, with this access and use being subject only to those rules, regulations, or permits as are reasonable and consistent with the conservation purposes for which the land was acquired. /
Renumber sections to conform.
Amend totals and title to conform.
Rep. CAMPSEN moved to table the amendment, which was agreed to.
Reps. WITHERSPOON and LOFTIS proposed the following Amendment No. 80 (Doc Name COUNCIL\GJK\AMEND\ 20924SD02), which was tabled:
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 moved to table the amendment, which was agreed to.
Rep. ALTMAN proposed the following Amendment No. 82 (Doc Name COUNCIL\NBD\AMEND\11184AC02), which was tabled:
Amend the bill, as and if amended, Section 48-59-70, by adding an appropriately lettered subsection at the end to read:
/( ) All details incident to granting and receiving a conservation easement under this chapter are public information and must be recorded in the county office for the recording of real estate transactions./
Renumber sections to conform.
Amend totals and title to conform.
Rep. CAMPSEN moved to table the amendment, which was agreed to.
The SPEAKER granted Rep. LIMEHOUSE a leave of absence for the remainder of the day.
Rep. BOWERS proposed the following Amendment No. 83 (Doc Name COUNCIL\GJK\AMEND\20955SD02), which was tabled:
Amend the bill, as and if amended, by adding a new SECTION appropriately numbered to read:
/ SECTION ____. Notwithstanding any other provision of law, one million dollars annually from the Conservation Bank Trust Fund must be placed in a beach renourishment trust fund to be managed and invested by the State Treasurer in the same manner other state funds are managed and invested and used for beach renourishment in the manner the General Assembly shall provide. /
Renumber sections to conform.
Amend totals and title to conform.
Rep. BOWERS moved to table the amendment, which was agreed to.
Rep. LOFTIS proposed the following Amendment No. 87 (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 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.
Amend totals and title to conform.
Rep. LOFTIS moved to table the amendment, which was agreed to.
Rep. BOWERS proposed the following Amendment No. 88 (Doc Name COUNCIL\GJK\AMEND\20956SD02), which was tabled:
Amend the bill, as and if amended, by adding a new SECTION appropriately numbered to read:
/ SECTION ____. Notwithstanding any other provision of law, one million dollars annually from the Conservation Bank Trust Fund must be used to acquire additional beach acquisitions for the state parks system in the manner the General Assembly shall provide. /
Renumber sections to conform.
Amend totals and title to conform.
Rep. BOWERS moved to table the amendment, which was agreed to.
Rep. BOWERS proposed the following Amendment No. 89 (Doc Name COUNCIL\GJK\AMEND\20976SD02), which was ruled out of order:
Amend the bill, as and if amended, by adding a new SECTION appropriately numbered to read:
/ SECTION ____. Notwithstanding any other provision of law, one million dollars annually from the Conservation Bank Trust Fund must be placed in a beach conservation trust fund to be managed and invested by the State Treasurer in the same manner other state funds are managed and invested and used for beach conservation in the manner the General Assembly shall provide. /
Renumber sections to conform.
Amend totals and title to conform.
Rep. BOWERS explained the amendment.
Rep. SHEHEEN moved to table the amendment.
Rep. BOWERS demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allen Battle Bingham Campsen Carnell Cobb-Hunter Cotty Delleney Easterday Emory Fleming Freeman Gourdine Govan Harrell Harrison Haskins Jennings Kirsh Klauber Lee Littlejohn Lourie Lucas McCraw Meacham-Richardson Neal, J.M. Neilson Ott Parks Sheheen Smith, D.C. Smith, F.N. Smith, J.E. Smith, J.R. Stuart Talley Taylor Webb Whipper Wilder Wilkins
Those who voted in the negative are:
Allison Askins Barfield Barrett Bowers Brown, G. Brown, R. Cato Chellis Clyburn Coates Cooper Dantzler Davenport Edge Frye Gilham Harvin Hayes Hines, J. Hines, M. Hinson Hosey Huggins Keegan Kelley Knotts Koon Law Leach Lloyd Loftis Martin McGee McLeod Merrill Miller Moody-Lawrence Neal, J.H. Owens Perry Phillips Quinn Rhoad Rice Riser Rivers Robinson Rodgers Sandifer Scarborough Sharpe Stille Thompson Townsend Tripp Trotter Vaughn Walker Weeks Whatley White Witherspoon
So, the House refused to table the amendment.
Rep. OTT raised the Point of Order that Amendment No. 89 was out of order in that it was not germane to the Bill.
SPEAKER WILKINS stated that the amendment dealt with beach renourishment, not the powers of the board. He stated further that the Bill dealt with the acquisition of property and therefore under Rule 9.3 the amendment was not germane to the Bill. He sustained the Point of Order and ruled the amendment out of order.
Rep. BOWERS proposed the following Amendment No. 92 (Doc Name COUNCIL\GJK\AMEND\20995SD02), which was adopted:
Amend the bill, as and if amended, by adding a new SECTION appropriately numbered to read:
/ SECTION ______. Notwithstanding any other provision of law, the Department of Parks, Recreation and Tourism as an eligible trust fund recipient is authorized but not required to use monies it receives from the Conservation Bank Trust Fund to provide for beach conservation at the State Parks System. /
Renumber sections to conform.
Amend totals and title to conform.
Rep. BOWERS explained the amendment.
The amendment was then adopted.
Rep. BOWERS proposed the following Amendment No. 93 (Doc Name COUNCIL\GJK\AMEND\20996SD02), which was tabled:
Amend the bill, as and if amended, by adding a new SECTION appropriately numbered to read:
/ SECTION ______. Notwithstanding any other provision of law, the Department of Parks, Recreation and Tourism as an eligible trust fund recipient is authorized but not required to use monies it receives from the Conservation Bank Trust Fund to provide for maintenance and deferred maintenance at the State Parks System. /
Renumber sections to conform.
Amend totals and title to conform.
Rep. BOWERS moved to table the amendment, which was agreed to.
Rep. BOWERS proposed the following Amendment No. 94 (Doc Name COUNCIL\GJK\AMEND\20997SD02), which was adopted:
Amend the bill, as and if amended, by adding a new SECTION appropriately numbered to read:
/ SECTION ______. Notwithstanding any other provision of law, the Department of Parks, Recreation and Tourism as an eligible trust fund recipient is authorized but not required to use monies it receives from the Conservation Bank Trust Fund to provide as a priority for the acquisition of lands adjoining the State Parks System to be used as part of the State Parks System. /
Renumber sections to conform.
Amend totals and title to conform.
Rep. BOWERS explained the amendment.
The amendment was then adopted.
Rep. LOFTIS proposed the following Amendment No. 95 (Doc Name COUNCIL\BBM\AMEND\10751HTC02), which was tabled:
Amend the bill, as and if amended, in SECTION 1, by adding:
/ "Section 48-59-55. The board shall undertake an inventory of all state and federally-owned land in this State and land on which there currently exists conservation or other easements limiting development. No state agency, unit of local government, or private entity eligible to be a trust fund recipient may receive assistance from the bank unless it has first fully and comprehensively responded to the board's request for this inventory." /
Amend title to conform.
Rep. LOFTIS explained the amendment.
Rep. COTTY moved to table the amendment, which was agreed to.
Rep. LOFTIS proposed the following Amendment No. 98 (Doc Name COUNCIL\GJK\AMEND\20954SD02), which was tabled:
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 three 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 moved to table the amendment, which was agreed to.
Rep. LOFTIS proposed the following Amendment No. 99 (Doc Name COUNCIL\GJK\AMEND\20953SD02), which was tabled:
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 two 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. COTTY moved to table the amendment, which was agreed to.
Rep. J. H. NEAL proposed the following Amendment No. 101 (Doc Name COUNCIL\SWB\AMEND\5125DJC02), which was tabled:
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, open space, wildlife habitats, outstanding natural areas, public hunting and fishing areas, and beaches; 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) There is a critical need to fund the preservation of, and public access to wildlife habitats, outstanding natural areas, sites of unique ecological significance, hunting and fishing areas, historical sites, forestlands, farmlands, watersheds, and open space, and greenways as essential elements in the orderly development of the State.
(4) 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, open space, 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.
(5) It is critical to encourage cooperation and innovative partnerships among landowners, state agencies, and nonprofit organizations, which must work together in order to meet these objectives.
(6) 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; or
(b) a not-for-profit charitable corporation or trust authorized to do business in this State and organized and operated for natural resource conservation, land conservation, or historic preservation purposes, and having tax-exempt status as a public charity under the Internal Revenue Code of 1986, and having the power to acquire, hold, and maintain interests in land for these purposes.
(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 titles to lands or conservation easements.
Section 48-59-40. (A) There is established the South Carolina Conservation Bank. The bank is governed by an eighteen-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;
(2) one member from each congressional district appointed by the Governor. Of these members:
(a) one must represent a charitable corporation or trust authorized to do business in this State that is actively engaged in the acquisition of interests in land from voluntary sellers for the purposes of natural resource or land conservation;
(b) one must be an owner of rural real property actively engaged in the management and operation of farmlands, and wildlife habitat;
(c) one must be an owner of real property who is actively engaged in the real estate business, or in the business of appraising forestland, farmland, or conservation easements;
(d) one must be a representative of an African-American conservation organization;
(e) one must be a representative of an African-American environmental organization;
(f) one must represent a charitable corporation or trust authorized to do business in this State which is organized for historic preservation purposes;
(g) one must be an African-American owner of rural real property actively engaged in the management and operation of farmlands, forestlands or wildlife habitat;
(h) one must be an African-American member of a low-country landowners association;
(i) one must be an African-American member of a midlands landowners association; and
(j) one must be an African-American member of an upstate landowners association.
(3) three members appointed by the President Pro Tempore of the Senate, one who represents hunting, fishing, or outdoor recreation organizations, one who is an owner of real property actively engaged in the commercial real estate business or in the business of appraising commercial real property, and one who represents a charitable corporation or trust authorized to do business in this state which is actively engaged in the acquisition of interests in land from voluntary sellers for the purposes of natural resource or land conservation; and
(4) three members appointed by the Speaker of the House, one who represents hunting, fishing, or outdoor recreation organizations, one who is an owner of rural real property actively engaged in the management and operation of forestlands and wildlife habitat, and one who is an owner of real property actively engaged in the business of appraising forestlands, farmlands, or conservation easements.
(B) All appointed board members must have a demonstrated background, experience, and interest in the conservation of natural or historical resources, and the appointing authorities shall exercise due diligence to ensure that all persons nominated and appointed possess these qualifications.
(C) 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.
(D) 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.
(E) The board shall meet at least twice annually in regularly scheduled meetings and in special meetings as the chairman may call. All meetings shall be open to the public except that the board may go into executive session as provided for in Chapter 4 of Title 30, the Freedom of Information Act.
(F) 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.
(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 an interest in land identified in its 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. Written comments from interested parties and comments received at any public hearing held pursuant to this act must be considered and given weight in the board's decision process.
(B) Before disbursing 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 any interests in land purchased in part or entirety 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 an area for hunting, fishing, and other forms of outdoor recreation;
(2) the value of the proposal to provide public access for hunting, fishing, wildlife watching or other forms of outdoor recreation consistent with the conservation purposes of this act;
(3) the value of the proposal for the conservation of unique or highly important wildlife habitat;
(4) the value of the proposal for the conservation of any rare or endangered species;
(5) the value of the proposal for the conservation of a relatively undisturbed or outstanding example of an ecosystem indigenous to South Carolina;
(6) 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;
(7) the value of the proposal for the conservation of outstanding geologic features;
(8) the value of the proposal for the conservation of a site of unique historical or archaeological significance;
(9) 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;
(10) the value of the proposal for the conservation of an area for greenways;
(11) 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; and
(12) the value of the proposal for the size of the land protected.
(E) For purposes of this chapter, financial criteria include:
(1) the degree to which the proposal presents a value opportunity in that it protects land at a cost that is below or not more than fair market value;
(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 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) and the financial criteria listed in subsection (E), and award grants or loans on the basis of how well proposals meet these criteria. Priority must be given to proposals that fulfill both conservation and financial criteria. The more criteria a proposal satisfies, the higher priority it must be given. In evaluating proposals, the board will give greatest weight to conservation criteria 1-8 and financial criteria 1-3.
(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) and (E);
(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 of public access allowed;
(6) the extent to which farming, forestry, timber management, or wildlife habitat management will be conducted upon the land;
(7) the party responsible for managing and maintaining the land; and
(8) the parties responsible for enforcing any conservation easements or other restrictions upon the land.
(H) Where an eligible trust fund recipient seeks a trust fund grant or loan to acquire fee 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 proposed;
(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) when determining which proposals to fund.
(L) 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.
(M) The board may only authorize grants or loans to purchase interests in lands at or below 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. 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 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 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 extent of public access allowed;
(6) the party responsible for managing and maintaining the land;
(7) the party responsible for enforcing any easements or other restrictions upon the land;
(8) the parties designated in items (6) and (7) possess the expertise and financial resources to fulfill their obligations; and
(9) any other findings or information relevant to the award.
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) Except as provided in subsection (F), no interest in land acquired by an eligible trust fund recipient with trust funds may be extinguished, sold, transferred, assigned, alienated, or converted to a purpose or use other than that set forth in the grant or loan award, without securing a:
(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; and
(2) majority vote of the State Budget and Control Board.
(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.
(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 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.
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 48-59-100. 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. However, any conservation easement purchased in whole or part with trust funds must be maintained in perpetuity or not less than 30 years (subject to provisions of 48-59-80 (G) and (H)). Any conservation easement purchased in whole or part with trust funds must provide a level of public access that is in proportion to the amount of trust funds invested in the easement and consistent with the conservation purposes of this Act, as determined by the Bank Board. 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, 2015, or ten years after the full funding of the trust fund, whichever is greater, 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 48 of the 1976 Code was not repealed until the South Carolina Conservation Bank Trust Fund is exhausted or July 1, 2018, whichever first occurs. Any balance in that trust fund on July 1, 2018, 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. /
Renumber sections to conform.
Amend totals and title to conform.
Rep. J. H. NEAL explained the amendment.
Rep. COTTY moved to table the amendment.
Rep. J. H. NEAL demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allison Askins Barrett Battle Bingham Campsen Carnell Cato Chellis Cotty Delleney Easterday Edge Fleming Hamilton Harrell Harrison Haskins Hinson Huggins Keegan Kelley Kirsh Klauber Law Leach Littlejohn McCraw McGee McLeod Meacham-Richardson Merrill Miller Ott Phillips Quinn Rhoad Rice Riser Robinson Rodgers Sandifer Scarborough Sheheen Smith, D.C. Smith, J.R. Smith, W.D. Snow Stuart Talley Taylor Tripp Vaughn Webb White Wilder Wilkins Young, A. Young, J.
Those who voted in the negative are:
Bales Barfield Breeland Brown, G. Brown, R. Clyburn Cobb-Hunter Cooper Davenport Emory Frye Gourdine Govan Harvin Hines, J. Hines, M. Hosey Knotts Koon Lee Lloyd Loftis Lourie Lucas Mack Martin Moody-Lawrence Neal, J.H. Neal, J.M. Parks Perry Rivers Smith, F.N. Smith, G.M. Smith, J.E. Stille Thompson Townsend Weeks Whatley Whipper Witherspoon
So, the amendment was tabled.
Reps. ROBINSON and ALTMAN proposed the following Amendment No. 104 (Doc Name COUNCIL\BBM\AMEND\ 10758HTC02), which was adopted:
Amend the bill, as and if amended, in Chapter 59 of Title 48, as added in SECTION 1, by adding after Section 48-59-90:
/ Section 48-59-95. Notwithstanding any other provision of this chapter, an easement acquired in whole or in part with trust funds must provide for public access consistent with the uses permitted by the terms of the easement. /
Amend title to conform.
Rep. ROBINSON explained the amendment.
The amendment was then adopted.
Reps. ROBINSON and ALTMAN proposed the following Amendment No. 105 (Doc Name COUNCIL\BBM\AMEND\ 10759HTC02), which was tabled:
Amend the bill, as and if amended, in Chapter 59 of Title 48, as added in SECTION 1, by adding after Section 48-59-90:
/ Section 48-59-97. Except for agriculture, aquaculture, or timber harvesting, no commercial use may be made of land subject to an easement acquired in whole or in part with trust funds. /
Amend title to conform.
Rep. ROBINSON moved to table the amendment, which was agreed to.
Rep. LOFTIS proposed the following Amendment No. 111 (Doc Name krl\111krl02b), which was tabled:
Amend the bill in Section 48-59-110 by striking the last sentence of this section and inserting:
These and other traditional and compatible activities must be allowed, where appropriate, upon lands preserved with trust funds.
Renumber sections to conform.
Amend totals and title to conform.
Rep. LOFTIS moved to table the amendment, which was agreed to.
Rep. LOFTIS proposed the following Amendment No. 112 (Doc Name krl\112krl02b), which was tabled:
Amend the bill in Section 48-59-70 (I) item (3) by striking second sentence in its entirety.
Renumber sections to conform.
Amend totals and title to conform.
Rep. LOFTIS moved to table the amendment, which was agreed to.
Rep. LOFTIS proposed the following Amendment No. 114 (Doc Name krl\114krl02b), which was tabled:
Amend the bill in Section 48-59-80 (F) by deleting Section (F) in its entirety.
Renumber sections to conform.
Amend totals and title to conform.
Rep. LOFTIS moved to table the amendment, which was agreed to.
Rep. LOFTIS proposed the following Amendment No. 115 (Doc Name krl\115krl02b), which was tabled:
Amend the bill in Section 48-59-70 (J) by striking Section (J) in its entirety.
Renumber sections to conform.
Amend totals and title to conform.
Rep. LOFTIS moved to table the amendment, which was agreed to.
Rep. LOFTIS proposed the following Amendment No. 116 (Doc Name krl\116krl02b), which was tabled:
Amend the bill in Section 48-59-80 (F) by deleting Section (F) in its entirety.
Renumber sections to conform.
Amend totals and title to conform.
Rep. LOFTIS moved to table the amendment, which was agreed to.
Rep. LOFTIS proposed the following Amendment No. 118 (Doc Name krl\118krl02b), which was tabled:
Amend the bill in Section 48-59-70 (D)(12) by striking item (12) in its entirety.
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. LOFTIS proposed the following Amendment No. 119 (Doc Name krl\119krl02), which was tabled:
Amend the bill in Section 48-59-70 (E)(1) by striking item (1) in its entirety and renumber accordingly.
Renumber sections to conform.
Amend totals and title to conform.
Rep. LOFTIS moved to table the amendment, which was agreed to.
Rep. LOFTIS proposed the following Amendment No. 120 (Doc Name krl\120krl02), which was tabled:
Amend the bill in Section 48-59-70 (J), by striking Section (J) in its entirety.
Renumber sections to conform.
Amend totals and title to conform.
Rep. LOFTIS moved to table the amendment, which was agreed to.
Rep. LOFTIS proposed the following Amendment No. 121 (Doc Name krl\121krl02), which was tabled:
Amend the bill in Section 48-59-70, (O)(2) by striking Section 2 in its entirety.
Renumber sections to conform.
Amend totals and title to conform.
Rep. LOFTIS moved to table the amendment, which was agreed to.
Rep. LOFTIS proposed the following Amendment No. 122 (Doc Name krl\122krl02), which was tabled:
Amend the bill in Section 48-59-120, Section 3 by striking:
twenty-five cents
and inserting:
twenty cents
Renumber sections to conform.
Amend totals and title to conform.
Rep. LOFTIS moved to table the amendment, which was agreed to.
Rep. LOFTIS proposed the following Amendment No. 123 (Doc Name krl\123krl02b), which was tabled:
Amend the bill in Section 48-59-80 (F) by striking Section (F) and inserting:
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.
Renumber sections to conform.
Amend totals and title to conform.
Rep. LOFTIS moved to table the amendment, which was agreed to.
Rep. PERRY proposed the following Amendment No. 125 (Doc Name COUNCIL\BBM\AMEND\10764HTC02), which was tabled:
Amend the bill, as and if amended, by striking SECTION 3 and inserting:
/ SECTION 3. The bank and the trust fund shall receive that appropriation of state funds as the General Assembly may provide in the annual general appropriations act. /
Amend 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 58 to 37.
Rep. CAMPSEN proposed the following Amendment No. 127 (Doc Name COUNCIL\SKB\AMEND\18203HTC02), which was tabled:
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 proposed;
(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. CAMPSEN moved to table the amendment, which was agreed to.
Rep. KENNEDY moved that the House recur to the Morning Hour, which was agreed to.
Further proceedings were interrupted by the House recurring to the Morning Hour, the pending question being consideration of the Bill.
The following was introduced:
H. 4743 (Word version) -- Rep. Townsend: A CONCURRENT RESOLUTION TO CONGRATULATE THE TWENTY-TWO SOUTH CAROLINA TECHNICAL COLLEGE STUDENTS NAMED TO SOUTH CAROLINA'S 2002 ALL-STATE ACADEMIC TEAM IN THE ALL-USA ACADEMIC TEAM COMPETITION FOR TECHNICAL COLLEGES, COMMUNITY COLLEGES, AND JUNIOR COLLEGES SPONSORED BY PHI THETA KAPPA, THE AMERICAN ASSOCIATION OF COMMUNITY COLLEGES, AND USA TODAY.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 4744 (Word version) -- Reps. Jennings, Scott, Moody-Lawrence, Hayes, Clyburn, Whipper, Govan, Bales, J. H. Neal, F. N. Smith, Allen, Battle, Breeland, J. Brown, R. Brown, Carnell, Cobb-Hunter, Emory, Freeman, Gourdine, J. Hines, M. Hines, Hosey, Howard, Lee, Lloyd, Mack, McCraw, Miller, J. M. Neal, Neilson, Ott, Parks, Phillips, J. E. Smith, Snow, Weeks and Wilder: A BILL TO AMEND ACT 66 OF 2001, RELATING TO THE GENERAL APPROPRIATIONS ACT FOR FISCAL YEAR 2001-2002 AND A PROVISION PROVIDING FOR THE MANNER IN WHICH ANY MID-YEAR BUDGET REDUCTIONS SHALL BE MADE DURING THIS FISCAL YEAR, SO AS TO EXEMPT ELEMENTARY, SECONDARY, AND HIGHER EDUCATION FROM ANY SUCH REDUCTIONS, TO DEFINE ELEMENTARY, SECONDARY, AND HIGHER EDUCATION FOR THIS PURPOSE, TO PROVIDE THAT THESE EXEMPTIONS SHALL BE PROSPECTIVE ONLY, AND TO PROVIDE THAT THE BUDGET AND CONTROL BOARD MAY ALSO EXEMPT FROM ANY MID-YEAR REDUCTION AN AGENCY'S BASE BUDGET WHERE THE BOARD HAS OFFICIALLY RECOGNIZED AN AGENCY'S OPERATING DEFICIT.
Referred to Committee on Ways and Means
H. 4745 (Word version) -- Reps. Miller, Bales, Scott, Bowers, Altman, Barfield, Battle, Chellis, Harvin, J. Hines, Hosey, Kennedy, Lloyd, Loftis, Phillips, J. R. Smith, Snow and Witherspoon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-37-223 SO AS TO LIMIT TO FIFTEEN PERCENT INCREASES IN FAIR MARKET VALUE OF OWNER-OCCUPIED RESIDENTIAL PROPERTY AND SECOND HOMES ATTRIBUTABLE TO QUADRENNIAL REASSESSMENT IN THE COUNTY, AND PROVIDE THE PERIOD FOR WHICH THIS EXEMPTION APPLIES; AND TO AMEND SECTION 12-37-223A., RELATING TO THE COUNTY OPTION PROPERTY TAX EXEMPTION LIMITING TO FIFTEEN PERCENT INCREASES IN FAIR MARKET OF REAL PROPERTY AS A RESULT OF QUADRENNIAL REASSESSMENT IN A COUNTY, SO AS TO CONFORM THIS OPTIONAL EXEMPTION TO THE PROVISIONS OF SECTION 12-37-223 OF THE 1976 CODE AS ADDED BY THIS ACT.
Referred to Committee on Ways and Means
H. 4746 (Word version) -- Reps. Ott, Rhoad, Sharpe, Witherspoon, Kirsh, Frye, Koon, Miller, Snow, Barrett, Knotts, Whatley, Hayes, McLeod, Kennedy, Bales, G. Brown, Campsen, Cobb-Hunter, Emory, J. Hines, Jennings, Limehouse, Lloyd, Loftis, J. M. Neal, Rivers, Robinson, Stille, Townsend, Trotter and Webb: A BILL TO AMEND CHAPTER 11, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROTECTION OF GAME, BY ADDING SECTION 50-11-1763 SO AS TO PROVIDE THAT A PERSON OWNING A FOX HUNTING ENCLOSURE MAY PURCHASE AND RELEASE LIVE COYOTES INTO HIS PEN, TO PROVIDE FOR LICENSES, FEES, AND TAGS FOR TRAPPED COYOTES, AND TO PROVIDE PENALTIES FOR VIOLATIONS OF THIS SECTION; AND TO AMEND SECTION 50-11-1760, AS AMENDED, RELATING TO BRINGING, RELEASING, OR TRAPPING COYOTES IN THIS STATE, SO AS TO REVISE THE SECTION BY DELETING A PROVISION AUTHORIZING BRINGING A COYOTE INTO THIS STATE FOR EXHIBITION PURPOSES, AND INCREASE THE PENALTIES FOR VIOLATIONS OF THIS SECTION.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs
H. 4747 (Word version) -- Reps. Robinson, Cato, Hamilton, Leach, Loftis, Rice, Tripp, Trotter and Vaughn: A BILL TO AMEND SECTION 6-1-300, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE AUTHORITY OF LOCAL GOVERNMENTS TO ASSESS TAXES AND FEES, SO AS TO DEFINE "POSITIVE MAJORITY" AS A VOTE OF AT LEAST TWO-THIRDS OF THE ENTIRE MEMBERSHIP OF A GOVERNING BODY AND TO AMEND SECTION 6-1-320, AS AMENDED, RELATING TO THE REQUIREMENT FOR A POSITIVE MAJORITY VOTE OF A LOCAL GOVERNING BODY TO RAISE PROPERTY TAX MILLAGE AND THE EXEMPTIONS FROM THE REQUIREMENT FOR A POSITIVE MAJORITY VOTE, SO AS TO ELIMINATE THE EXEMPTION FOR A MILLAGE RATE INCREASE EQUAL TO AN INCREASE IN THE CONSUMER PRICE INDEX.
Referred to Committee on Judiciary
H. 4748 (Word version) -- Rep. McGee: A BILL TO AMEND SECTION 56-3-115, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OPERATION OF GOLF CARTS ON HIGHWAYS OR STREETS, SO AS TO PROVIDE THAT A MUNICIPALITY MAY ALLOW GOLF CARTS THAT ARE EQUIPPED WITH HEADLIGHTS AND BRAKE LIGHTS TO OPERATE ALONG ITS HIGHWAYS OR STREETS.
Referred to Committee on Education and Public Works
Rep. GILHAM moved that the House do now adjourn, which was agreed to.
The Senate returned to the House with concurrence the following:
H. 4665 (Word version) -- Rep. Rutherford: A CONCURRENT RESOLUTION TO DECLARE THURSDAY, FEBRUARY 21, 2002, AS "ETIQUETTE DAY IN SOUTH CAROLINA" AND TO COMMEND THE UNIVERSITY OF SOUTH CAROLINA'S EDUCATIONAL TALENT SEARCH PROGRAM AND ITS PARTICIPANTS FOR THEIR OUTSTANDING ACHIEVEMENTS AND PROGRESS IN BECOMING PRODUCTIVE CITIZENS.
At 12:30 p.m. the House, in accordance with the motion of Rep. ALLEN, adjourned in memory of Juanita Boyd Sullivan, to meet at 10:00 a.m. tomorrow.
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