Indicates Matter Stricken
Indicates New Matter
The Senate assembled at 11:00 A.M., the hour to which it stood adjourned, and was called to order by the PRESIDENT.
A quorum being present, the proceedings were opened with a devotion by Senator J. VERNE SMITH.
At 11:03 A.M., on motion of Senator HUTTO, the Senate agreed to recede from business until 12:00 Noon or subject to the Call of the Chair, whichever is earlier.
At 12:05 P.M. the Senate resumed.
At 12:05 P.M., Senator THOMAS assumed the Chair.
On motion of Senator HUTTO, with unanimous consent, Senators HAWKINS, GREGORY and HUTTO were granted leave to attend a subcommittee meeting.
There was no objection.
The ACTING PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
At 12:05 P.M., Senator HUTTO moved that the Senate stand in recess until 12:30 P.M.
Senator RAVENEL objected.
On motion of Senator HUTTO, with unanimous consent, the motion to recede was withdrawn.
Senator RAVENEL rose for an Expression of Personal Interest.
At 12:13 P.M., Senator RAVENEL moved that the Senate stand adjourned.
A roll call vote was ordered.
On motion of Senator RAVENEL, with unanimous consent, the motion to adjourn was withdrawn.
At 12:16 P.M., the PRESIDENT assumed the Chair.
Senator MARTIN rose for an Expression of Personal Interest.
Senator McCONNELL was recognized to give a status report to the members on Reapportionment/Redistricting.
Senator GIESE introduced Dr. William L. Brannon of Columbia, S.C., Doctor of the Day.
S. 809 (Word version) -- Senators Grooms, Ravenel, Richardson, Branton, Rankin and Courson: A BILL TO AMEND SECTION 48-39-290, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RESTRICTIONS ON CONSTRUCTION OR RECONSTRUCTION SEAWARD OF THE COASTAL BASELINE, SO AS TO AUTHORIZE THE RECONSTRUCTION, REPAIR, AND MAINTENANCE OF EXISTING GROINS, TO AUTHORIZE THE CONSTRUCTION OF NEW GROINS ON BEACHES THAT HAVE A HIGH EROSION RATE THREATENING EXISTING DEVELOPMENT OR PUBLIC PARKS AND ONLY IN FURTHERANCE OF AN ON-GOING BEACH RENOURISHMENT EFFORT, AND TO CLARIFY THAT OF SPECIAL PERMITS AUTHORIZED FOR CONSTRUCTION OR RECONSTRUCTION OF STRUCTURES SEAWARD OF THE BASELINE, NO HABITABLE STRUCTURE MAY BE CONSTRUCTED OR RECONSTRUCTED ON A PRIMARY OCEANFRONT SAND DUNE OR ON THE ACTIVE BEACH AND IF, DUE TO EROSION, A PERMITTED HABITABLE STRUCTURE BECOMES SITUATED ON THE ACTIVE BEACH, THE OWNER AGREES TO REMOVE IT IF ORDERED TO DO SO BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL.
On motion of Senator ELLIOTT, with unanimous consent, the name of Senator ELLIOTT was added as a co-sponsor of the Bill.
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.
The House returned the Bill with amendments.
Senators McCONNELL and DRUMMOND proposed the following Amendment No. 1A (297R001.GFM), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/ SECTION 1. Title 48 of the 1976 Code is amended by adding:
The South Carolina Conservation Bank
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.
(4) have an annual audit of the Conservation Bank and Conservation Bank Trust Fund conducted by outside independent certified public accountants and submitted to the Governor, Lieutenant Governor, and General Assembly. The accounting of trust fund receipts and expenditures required above shall be part of this annual audit.
(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. The board must hold a public hearing on the application at which the eligible trust fund recipient, contiguous landowners, and other interested parties shall be heard. Interested parties include representatives of the municipality, county, and public or private utilities in the area wherein the property is located. 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)(1) After an environmental hazard assessment is completed, if the land in question is found to contain an environmental hazard, no disbursement of trust funds for acquisition shall be granted until the land meets all state and federal environmental law or regulation.
(2) 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 48-59-100. 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.
Section 48-59-110. 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 48-59-120. 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 48-59-130. 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 49-59-140. 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 seven thousand pounds or less and a gross weight of nine thousand pounds or less registered in their names which shall have imprinted on the plate "Conserve South Carolina" and which may have an emblem, a seal, logo, or other symbol of the South Carolina Conservation Bank. The South Carolina Conservation Bank shall submit to the department for its approval the emblem, seal, logo, or other symbol it desires to be used for this special license plate. The South Carolina Conservation Bank may request a change in the emblem, seal, logo, or other symbol not more than once every five years. The fee for this special license plate is forty-eight dollars every two years in addition to the regular motor vehicle registration fee set forth in Article 5, Chapter 3, Title 56 of the 1976 Code. This special license plate must be of the same size and general design of regular motor vehicle license plates. The special license plates must be issued or revalidated for a biennial period which expires twenty-four months from the month they are issued.
(B) Of the fees collected pursuant to this section, the Comptroller General shall place sufficient funds into a special restricted account to be used by the Department of Public Safety to defray the expenses of the Motor Vehicle Division in producing and administering this special license plate. The remaining fees collected pursuant to this section must be credited to the South Carolina Conservation Bank Trust Fund established pursuant to Section 48-59-60 of the 1976 Code.
(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-cents state deed recording fee must be credited to the South Carolina Conservation Bank Trust Fund.
SECTION 4. Notwithstanding the effective date provided in SECTION 3 of this act on which begins the transfer of a portion of the state deed recording fee to the South Carolina Conservation Bank Trust Fund, such transfers do not begin until July 1, 2004.
SECTION 5. In a fiscal year when the General Assembly in the annual general appropriations act provides less appropriations than what was provided for the previous year to at least one-half of the state agencies or departments contained therein the act or in any year when the Budget and Control Board orders across the board cuts to state agencies and departments in the manner provided by law, no further transfer of deed recording fees or other appropriated funds, state or local, may be credited to the trust fund for the fiscal year or balance of the fiscal year, but existing balances in the trust fund may be used as provided by Chapter 59 of Title 48 of the 1976 Code.
SECTION 6. 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 7. Chapter 59, Title 48 of the 1976 Code and Sections 2 through 6 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 8. The Board of the Conservation Bank shall perform a bi-annual review of the plight of land loss by small land-owners and holders of heirs property. The results of this review, upon completion, must be published in an official board report and submitted to the South Carolina General Assembly for their use.
SECTION 9. Section 56-3-8100 of the 1976 Code, as added by Act 63 of 1999, is amended by adding an appropriately lettered subsection at the end to read:
"( ) Notwithstanding any other provision of law, of the fees collected for the special license plate, the Comptroller General shall place sufficient funds into a special restricted account to be used by the Department of Public Safety to defray the expenses of the Division of Motor Vehicles in producing and administering the special plate."
SECTION 10. 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.
SECTION 11. 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.
SECTION 12. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Senator McCONNELL explained the amendment.
Senator LEVENTIS spoke on the amendment.
The amendment was adopted.
Senator FAIR proposed the following Amendment No. 2B (297R002MLF, which was laid on the table:
Amend the bill, as and if amended, as contained in SECTION 1, page 10, by striking lines 36 through 42 and inserting therein the following:
/ (2) The board shall authorize at least fifty 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 fifty percent authorization required by this item is not met in any particular year, the balance must be carried over and used for acquisition of interests in land that provide public access in ensuing years. /
Renumber sections to conform.
Amend title to conform.
Senator FAIR explained the amendment.
Senator LEVENTIS moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Anderson Drummond Ford Giese Glover Hayes Hutto Jackson Kuhn Land Leventis Martin Matthews McConnell McGill Moore O'Dell Patterson Rankin Ravenel Reese Setzler Short Smith, J. Verne Waldrep
Bauer Branton Courson Elliott Fair Gregory Grooms Hawkins Mescher Peeler Richardson Ritchie Ryberg Verdin
The amendment was laid on the table.
On motion of Senator LEATHERMAN, with unanimous consent, the Bill was carried over.
The following were introduced:
S. 1068 (Word version) -- Senator Reese: A BILL TO AMEND SECTION 48-52-650, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REVOLVING LOAN FUND ESTABLISHED BY THE STATE ENERGY OFFICE, SO AS TO REQUIRE THE OFFICE TO BETTER PUBLICIZE THE FUND BY ADVERTISING IT ON THE INTERNET WITH OTHER INFORMATION TO HELP INDIVIDUALS AND BUSINESSES TAKE ADVANTAGE OF THE FUND.
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Read the first time and referred to the Committee on Agriculture and Natural Resources.
S. 1069 (Word version) -- Senator Pinckney: A BILL TO AMEND SECTION 48-39-290, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RESTRICTIONS ON BEACH CONSTRUCTION OR RECONSTRUCTION SEAWARD OF THE BASELINE OR BETWEEN THE BASELINE AND THE SETBACK LINE, SO AS TO PROVIDE THAT EXISTING GROINS MAY BE RECONSTRUCTED, REPAIRED, AND MAINTAINED, AND TO FURTHER PROVIDE FOR ISSUANCE OF SPECIAL PERMITS AUTHORIZING CONSTRUCTION OR RECONSTRUCTION OF CERTAIN STRUCTURES SEAWARD OF THE BASELINE.
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Read the first time and referred to the Committee on Agriculture and Natural Resources.
S. 1070 (Word version) -- Senators Hayes: A BILL TO AMEND SECTION 12-4-580, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AUTHORITY FOR CONTRACTING FOR THE COLLECTION OF OUTSTANDING LIABILITIES, SO AS TO EXCLUDE A PRIVATE INSTITUTION OF HIGHER LEARNING AS A "GOVERNMENTAL ENTITY".
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Read the first time and referred to the Committee on Finance.
S. 1071 (Word version) -- Senator Reese: A JOINT RESOLUTION TO AUTHORIZE SCHOOL DISTRICTS AND SPECIAL SCHOOLS FOR FISCAL YEARS 2001-2002 AND 2002-2003 TO TRANSFER UP TO TWENTY PERCENT OF REVENUE BETWEEN PROGRAMS TO ANY INSTRUCTIONAL PROGRAM WITH THE SAME FUNDING SOURCE AND TO AUTHORIZE SCHOOL DISTRICTS AND SPECIAL SCHOOLS FOR FISCAL YEARS 2001-2002 AND 2002-2003 TO EXPEND FUNDS RECEIVED FROM THE CHILDREN'S EDUCATION ENDOWMENT FUND FOR SCHOOL FACILITIES AND FIXED EQUIPMENT ASSISTANCE INSTEAD FOR ANY INSTRUCTIONAL PROGRAM.
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Read the first time and referred to the Committee on Finance.
S. 1072 (Word version) -- Senator Reese: A BILL TO AMEND SECTION 30-4-70, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MEETINGS UNDER THE FREEDOM OF INFORMATION ACT, SO AS TO PROVIDE THAT NO CHANCE MEETING, SOCIAL MEETING, OR ELECTRONIC COMMUNICATION, INCLUDING COMMUNICATIONS THROUGH THE INTERNET, MAY BE USED TO DISCUSS, AS WELL AS ACT UPON, A MATTER OVER WHICH THE PUBLIC BODY HAS JURISDICTION.
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Read the first time and referred to the Committee on Judiciary.
S. 1073 (Word version) -- Senator Pinckney: A BILL TO AMEND SECTION 16-3-635, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ASSAULT AND BATTERY UPON EMERGENCY MEDICAL SERVICE PROVIDERS, FIREFIGHTERS, OR HOME HEALTH CARE WORKERS, SO AS TO REVISE THE ELEMENTS AND CONDITIONS OF THIS OFFENSE AND INCLUDE PUBLIC TRANSPORTATION WORKERS WITHIN THIS SECTION.
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Read the first time and referred to the Committee on Judiciary.
S. 1074 (Word version) -- Senator Alexander: A BILL TO AMEND ARTICLE 31, CHAPTER 5, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-3890 TO PROVIDE THAT A PERSON UNDER THE AGE OF EIGHTEEN MAY NOT OPERATE A MOTOR VEHICLE WHILE USING A CELL PHONE OR OTHER WIRELESS COMMUNICATIONS DEVICE AND TO PROVIDE FOR PENALTIES.
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Read the first time and referred to the Committee on Judiciary.
S. 1075 (Word version) -- Senator Reese: A BILL TO AMEND SECTION 30-4-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NOTICE OF MEETINGS OF PUBLIC BODIES, SO AS TO PROVIDE THAT, IF A PUBLIC BODY PREPARES ITS MINUTES IN SUMMARY FORM, THEY MUST BE ACCURATE AND IF THEY ARE NOT, THEY MUST BE CORRECTED WITHIN FIVE WORKING DAYS OF THEIR ORIGINAL RELEASE.
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Read the first time and referred to the Committee on Judiciary.
S. 1076 (Word version) -- Senator Reese: A BILL TO AMEND SECTION 30-4-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NOTICE OF MEETINGS OF PUBLIC BODIES, SO AS TO DECLARE NULL AND VOID ALL ACTIONS OF A PUBLIC BODY AT A MEETING WHEN IT FAILS TO NOTIFY A PERSON, FOR A SECOND CONSECUTIVE TIME, OF THE MEETING TIME OR RESCHEDULED MEETING TIME WHEN THE PERSON HAS REQUESTED NOTIFICATION OF THIS INFORMATION IN WRITING.
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Read the first time and referred to the Committee on Judiciary.
S. 1077 (Word version) -- Senator Reese: A BILL TO AMEND SECTION 30-4-90, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MINUTES OF MEETINGS OF PUBLIC BODIES, SO AS TO REQUIRE THE PUBLIC BODY TO HAVE ITS PROCEEDINGS RECORDED AND TRANSCRIBED VERBATIM IF THE PUBLIC BODY MEETS LESS FREQUENTLY THAN ONCE A QUARTER.
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Read the first time and referred to the Committee on Judiciary.
S. 1078 (Word version) -- Senator Short: A BILL TO AMEND SECTION 16-25-90, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONDITIONS FOR EARLY PAROLE FOR CERTAIN OFFENDER VICTIMS OF SPOUSAL ABUSE, SO AS TO PROVIDE THAT THE OFFENDER MUST PRESENT EVIDENCE THAT CONVINCES THE SENTENCING JUDGE BY A PREPONDERANCE OF THE EVIDENCE IN ORDER TO BE ELIGIBLE FOR EARLY PAROLE AND TO MAKE CERTAIN OTHER CHANGES.
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Read the first time and referred to the Committee on Judiciary.
S. 1079 (Word version) -- Senator Grooms: A JOINT RESOLUTION TO SUSPEND FOR ONE YEAR ANY RESTRICTIONS ON OR PROHIBITIONS AGAINST THE ADVISORY COORDINATING COUNCIL FOR ECONOMIC DEVELOPMENT USING PUBLIC FUNDS TO PURCHASE OPTIONS TO ACQUIRE REAL PROPERTY.
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Read the first time and referred to the Committee on Labor, Commerce and Industry.
S. 1080 (Word version) -- Senators Hayes, Peeler, Short and Gregory: A CONCURRENT RESOLUTION TO RECOGNIZE YORK COUNTY FOR ITS MANY ACCOMPLISHMENTS OVER THE PAST DECADE AND TO DECLARE MARCH 20, 2002, "YORK COUNTY DAY" IN SOUTH CAROLINA.
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The Concurrent Resolution was adopted, ordered sent to the House.
S. 1081 (Word version) -- Senators Leventis, Giese and Verdin: A CONCURRENT RESOLUTION TO EXPRESS THE BELIEF OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA THAT THE REPUBLIC OF CHINA (TAIWAN) SHOULD BE PERMITTED TO PARTICIPATE IN A MEANINGFUL AND APPROPRIATE WAY IN THE WORLD HEALTH ORGANIZATION.
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Senator LEVENTIS spoke on the Resolution.
The Concurrent Resolution was adopted, ordered sent to the House.
S. 1082 (Word version) -- Senator Ryberg: A CONCURRENT RESOLUTION TO DESIGNATE THE WEEK OF MARCH 17-23, 2002, AS "TRANSPORTATION WEEK" IN SOUTH CAROLINA TO RECOGNIZE THE CRITICAL ROLE TRANSPORTATION PLAYS IN OUR DAILY LIVES.
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The Concurrent Resolution was adopted, ordered sent to the House.
H. 3481 (Word version) -- Reps. Riser, Quinn, Barfield, Barrett, Bingham, Campsen, Chellis, Dantzler, Edge, Gilham, Gourdine, Harrell, Haskins, Huggins, Keegan, Kelley, Knotts, Law, Limehouse, McCraw, McGee, Miller, J.M. Neal, Ott, Phillips, Rhoad, Rodgers, Sandifer, Scarborough, Sharpe, Sheheen, D.C. Smith, Snow, Talley, Webb, Whatley, White, Witherspoon, A. Young and Bowers: A BILL TO AMEND SECTION 50-13-236, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CREEL AND SIZE LIMITS ON STRIPED BASS AND BLACK BASS FROM LAKE MURRAY, SO AS TO DELETE THE PROVISION THAT THE SIZE LIMIT ON STRIPED BASS TAKEN FROM LAKE MURRAY IS NOT IN EFFECT DURING THE MONTHS OF JUNE, JULY, AND AUGUST.
Read the first time and referred to the Committee on Fish, Game and Forestry.
H. 4013 (Word version) -- Rep. Cato: A BILL TO AMEND SECTION 41-27-310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF "INSURED WORKER" UNDER THE SOUTH CAROLINA EMPLOYMENT SECURITY LAW, SO AS TO PROVIDE THAT THIS TERM IS DEPENDENT UPON PAYMENT OF WAGES IN AT LEAST TWO QUARTERS RATHER THAN UPON THE AMOUNT OF WAGES PAID IN A SPECIFIED PERIOD; TO AMEND SECTION 41-27-370, AS AMENDED, RELATING TO THE DEFINITION OF "UNEMPLOYED", SO AS TO PROVIDE THAT IF AN INDIVIDUAL HAS MADE ANY CONTRIBUTIONS TO A RETIREMENT OR OTHER TYPE PLAN THERE MUST NOT BE A REDUCTION IN THE WEEKLY BENEFIT AMOUNT PAYABLE TO THE INDIVIDUAL; TO AMEND SECTION 41-35-130, RELATING TO UNEMPLOYMENT BENEFIT PAYMENTS WHICH MAY NOT BE CHARGED TO A FORMER EMPLOYER, SO AS TO CLARIFY THAT SUCH PAYMENTS MAY NOT BE CHARGED IF THE PERSON LEFT EMPLOYMENT FOR GOOD CAUSE NOT CONNECTED WITH THE EMPLOYMENT; TO AMEND SECTION 41-41-20, RELATING TO THE SUSPENSION OF BENEFITS TO A CLAIMANT WHO MADE A FALSE STATEMENT OR FAILED TO DISCLOSE A MATERIAL FACT WHEN FILING A CLAIM, SO AS TO AUTHORIZE THE EMPLOYMENT SECURITY COMMISSION TO PENALIZE THE CLAIMANT BY WITHHOLDING FUTURE BENEFITS HE MAY BECOME ENTITLED TO; AND TO AMEND SECTION 41-41-40, AS AMENDED, RELATING TO RECOVERY OF BENEFITS PAID TO A PERSON NOT ENTITLED TO RECEIVE THEM, SO AS TO ESTABLISH CIRCUMSTANCES UNDER WHICH THE COMMISSION MAY WAIVE REPAYMENT OF OVERPAID BENEFITS AND TO REQUIRE A PERSON WHO RECEIVED BENEFITS IN ANOTHER STATE TO WHICH HE WAS NOT ENTITLED TO PAY THE COMMISSION FOR THESE OVERPAYMENTS IF BOTH STATES HAVE ENTERED INTO AN INTERSTATE RECIPROCAL OVERPAYMENT RECOVERY AGREEMENT.
Read the first time and referred to the Committee on Labor, Commerce and Industry.
H. 4014 (Word version) -- Rep. Cato: A BILL TO AMEND SECTION 41-29-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EMPLOYMENT STABILIZATION, SO AS TO REQUIRE EMPLOYERS TO MAKE CERTAIN EMPLOYMENT INFORMATION AND REPORTS AVAILABLE TO THE EMPLOYMENT SECURITY COMMISSION AND TO RESTRICT THE INFORMATION AND REPORTS FOR CERTAIN USES; TO AMEND SECTION 41-29-170, AS AMENDED, RELATING TO INFORMATION ALLOWED TO BE DISCLOSED IN THE ADMINISTRATION OF THE EMPLOYMENT SECURITY LAW, SO AS TO REVISE PROVISIONS PERTAINING TO AGENCIES TO WHOM SUCH INFORMATION MAY BE DISCLOSED; TO AMEND SECTIONS 41-35-640, 41-35-660, AND 41-35-680, ALL RELATING TO APPEALS PROCEDURES FROM A DECISION OF THE COMMISSION, SO AS TO SPECIFY THAT DETERMINATIONS AND DECISIONS OF THE COMMISSION MUST BE MAILED TO THE PARTY, RATHER THAN MAILED OR DELIVERED TO THE PARTY; AND TO AMEND SECTION 41-35-750, AS AMENDED, RELATING TO PROCEDURES TO OBTAIN JUDICIAL REVIEW OF A DECISION OF THE COMMISSION, SO AS TO CONFORM THESE PROCEDURES TO THE SOUTH CAROLINA ADMINISTRATIVE PROCEDURES ACT AND THE SOUTH CAROLINA RULES OF CIVIL PROCEDURE.
Read the first time and referred to the Committee on Labor, Commerce and Industry.
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.
Read the first time and referred to the Committee on Education.
H. 4416 (Word version) -- Reps. Wilkins, Harrison, W.D. Smith, J. Brown, Leach, Bingham, Keegan, Whatley, Carnell, Vaughn, Lucas, Lourie, Limehouse, J.R. Smith, Wilder, Webb, Kirsh, Allison, A. Young, Sandifer, Walker, Talley, Littlejohn, Coates, Altman, Witherspoon, Campsen, Taylor, Law, Snow, Rice, Simrill, Freeman, Neilson, Clyburn, Gilham, Tripp, Cotty, Rodgers, Loftis, Frye, Koon, Delleney, Haskins, Hamilton, Cato, Easterday, Barfield, Scarborough, Chellis, Thompson, Edge, Merrill, Fleming, Stuart, Cooper, Dantzler, D.C. Smith, Sinclair, J. Young, White, Martin, Trotter, Harrell, Quinn, Huggins, Miller, Battle, Harvin, Barrett, Emory, Knotts, Riser and Bales: A BILL TO ENACT THE SOUTH CAROLINA "OMNIBUS TERRORISM PROTECTION AND HOMELAND DEFENSE ACT OF 2002" INCLUDING PROVISIONS TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-1100 SO AS TO PROVIDE THAT IT IS UNLAWFUL TO PROVIDE MATERIALS OR RESOURCES IN SUPPORT OF TERRORIST, TERRORIST ORGANIZATIONS, OR INTERNATIONAL TERRORISM, AND TO PROVIDE A PENALTY; TO AMEND SECTION 16-3-20, AS AMENDED, RELATING TO THE PUNISHMENT FOR MURDER, SO AS TO ADD VIOLATION OF ANTI-TERRORISM LAWS TO THE LIST OF STATUTORY AGGRAVATING CIRCUMSTANCES; TO AMEND SECTION 16-16-20, AS AMENDED, RELATING TO COMPUTER CRIMES AND PENALTIES, SO AS TO PROVIDE THAT INTRODUCING A COMPUTER VIRUS, COMPUTER WORM, OR ANY OTHER DAMAGING PROGRAM INTO A COMPUTER SYSTEM IS A COMPUTER CRIME; TO AMEND SECTION 16-23-750, RELATING TO COMMUNICATING THREATS RELATING TO USE OF EXPLOSIVE, INCENDIARY, OR DESTRUCTIVE DEVICES, SO AS TO PROVIDE THAT IN ADDITION TO THE PENALTIES FOR A VIOLATION OF THIS SECTION, THE PRESIDING JUDGE SHALL ORDER THE OFFENDER TO MAKE FULL RESTITUTION FOR THE COST OF RESPONDING TO OR DEALING WITH THE THREAT OR FALSELY CONVEYED INFORMATION REGARDING THE THREATENED USE OF SUCH DEVICES AND TO PROVIDE FOR THE ELEMENTS OF THIS RESTITUTION; TO AMEND CHAPTER 23, TITLE 16, RELATING TO OFFENSES INVOLVING WEAPONS, BY ADDING SECTION 16-23-780 SO AS TO PROVIDE FOR ALTERNATIVE MAXIMUM IMPRISONMENT FOR CERTAIN OFFENSES INVOLVING THE USE OF ANTHRAX OR A BIOLOGICAL ORGANISM SO AS TO CAUSE DEATH OR INJURY IN HUMANS, ANIMALS, OR PLANTS; TO AMEND CHAPTER 23, TITLE 16, RELATING TO OFFENSES INVOLVING WEAPONS, BY ADDING SECTION 16-23-790 SO AS TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON TO KNOWINGLY INFECT, HARM, OR DESTROY A FIELD OR TRACT OF LAND, A STREAM OR BODY OF WATER, CROPS, PLANTS, VEGETATION, LIVESTOCK, WILDLIFE, OR FISH BY MEANS OF THE DIRECT OR INDIRECT USE OF A BIOLOGICAL, CHEMICAL, OR NUCLEAR WEAPON OF MASS DESTRUCTION, OR BY THE DIRECT OR INDIRECT USE OF A BIOLOGICAL, CHEMICAL, OR NUCLEAR AGENT OR SUBSTANCE, WITH THE INTENT OF CAUSING ECONOMIC OR PHYSICAL HARM TO A PERSON, A FIELD OR TRACT OF LAND, A STREAM OR BODY OF WATER, CROPS, PLANTS, VEGETATION, LIVESTOCK, WILDLIFE, OR FISH, OR TO ANY OTHER REAL OR PERSONAL PROPERTY, OR THE ENVIRONMENT, AND TO PROVIDE FOR PENALTIES AND RESTITUTION FOR VIOLATIONS OF THIS SECTION; TO AMEND CHAPTER 23, TITLE 16, RELATING TO OFFENSES INVOLVING WEAPONS, BY ADDING ARTICLE 9 SO AS TO PROVIDE THAT, EXCEPT AS EXPRESSLY AUTHORIZED AND PERMITTED BY FEDERAL LAW, IT IS UNLAWFUL FOR A PERSON TO MANUFACTURE, ASSEMBLE, POSSESS, STORE, TRANSPORT, SELL, PURCHASE, DELIVER, OR ACQUIRE NUCLEAR, BIOLOGICAL, OR CHEMICAL WEAPONS OF MASS DESTRUCTION, OR BIOLOGICAL AGENTS OR TOXINS, OR TO USE, THREATEN TO USE, OR ATTEMPT TO USE THESE WEAPONS, AGENTS, OR TOXINS; TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON TO KNOWINGLY MAKE A FALSE REPORT CONCERNING THESE WEAPONS, AGENTS, OR TOXINS; TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON TO PERPETRATE A HOAX BY THE USE OF AN ARTIFACT, REPLICA, OR FALSE REPLICA OF THESE WEAPONS, AGENTS, OR TOXINS; TO PROVIDE THAT THE UNLAWFUL KILLING OF A PERSON BY MEANS OF THESE WEAPONS, AGENTS, OR TOXINS IS MURDER; TO REQUIRE PERSONS WHO KNOWINGLY OR INTENTIONALLY COMMIT ANY OFFENSE INVOLVING THESE WEAPONS, AGENTS, OR TOXINS BE PROSECUTED AND SENTENCED IN ACCORDANCE WITH THIS ARTICLE, AND TO PROVIDE FOR PENALTIES FOR VIOLATIONS OF THE PROVISIONS OF THIS ARTICLE; TO REQUIRE STATE, COUNTY, AND MUNICIPAL LAW ENFORCEMENT OFFICERS TO MAKE CERTAIN REPORTS TO THE STATE LAW ENFORCEMENT DIVISION AND PUBLIC HEALTH OFFICIALS RELATING TO BIOLOGICAL AGENTS, TOXINS, AND DELIVERY SYSTEMS AND TO PROVIDE PENALTIES FOR VIOLATIONS OF THIS ARTICLE; BY ADDING SECTION 12-6-3545 SO AS TO ALLOW A LAW ENFORCEMENT OFFICER, FIREFIGHTER, OR EMERGENCY MEDICAL TECHNICIAN EMPLOYED BY THIS STATE OR A POLITICAL SUBDIVISION OF THIS STATE A CREDIT AGAINST THE STATE INCOME TAX IN CONNECTION WITH DUTY IN RESPONDING TO A TERRORIST ACT AND TO PROVIDE THE AMOUNT OF THE CREDIT AND ITS ELIGIBILITY REQUIREMENTS; TO ALLOW A STATE INDIVIDUAL INCOME TAX DEDUCTION FOR MEMBERS OF A STATE NATIONAL GUARD UNIT FEDERALIZED OR A RESERVIST CALLED TO ACTIVE DUTY FOR PARTICIPATION IN "OPERATION ENDURING FREEDOM" OR "OPERATION NOBLE EAGLE", OR BOTH; TO AMEND ARTICLE 1, CHAPTER 5, TITLE 39, RELATING TO THE SOUTH CAROLINA UNFAIR TRADE PRACTICES ACT, BY ADDING SECTION 39-5-145 SO AS TO PROHIBIT THE RENTAL AND SALE OF ESSENTIAL COMMODITIES AND RENTAL AND LEASE OF DWELLING UNITS, INCLUDING MOTEL OR HOTEL UNITS OR OTHER TEMPORARY LODGING, OR SELF-STORAGE FACILITIES AT AN UNCONSCIONABLE PRICE DURING AND WITHIN THE AREA OF A DECLARED STATE OF EMERGENCY OR DISASTER, TO DEFINE "COMMODITY" AND "UNCONSCIONABLE PRICE", TO ESTABLISH EVIDENTIARY STANDARDS FOR ACTIONS BROUGHT PURSUANT TO THESE PROVISIONS OR LOCAL ORDINANCES, AND TO PROVIDE FOR THE ADDITIONAL CIVIL PENALTY OF UP TO TWENTY-FIVE THOUSAND DOLLARS FOR VIOLATIONS OCCURRING OVER A TWENTY-FOUR-HOUR PERIOD AND FOR A CRIMINAL PENALTY OF IMPRISONMENT FOR NOT MORE THAN THIRTY DAYS FOR A WILFUL VIOLATION OF THESE PROVISIONS; BY ADDING SECTION 39-5-147 SO AS TO PROHIBIT THE USE OF A MISLEADING PRACTICE OR DEVICE FOR THE SOLICITATION OF CONTRIBUTIONS OR THE SALE OF GOODS OR SERVICES FOR CHARITABLE PURPOSES IN CONNECTION WITH A DECLARED STATE OF EMERGENCY OR DISASTER, AND TO PROVIDE FOR THE ADDITIONAL CIVIL PENALTY OF UP TO TWENTY-FIVE THOUSAND DOLLARS FOR VIOLATIONS OCCURRING OVER A TWENTY-FOUR-HOUR PERIOD AND FOR A CRIMINAL PENALTY OF IMPRISONMENT FOR NOT MORE THAN THIRTY DAYS FOR A WILFUL VIOLATION OF THESE PROVISIONS; AND TO AMEND SECTIONS 16-7-10, RELATING TO ILLEGAL ACTS DURING A STATE OF EMERGENCY, AND 33-56-120, AS AMENDED, RELATING TO PROHIBITION OF MISREPRESENTATIONS IN CHARITABLE SOLICITATIONS, BOTH SO AS TO CONFORM THEM TO THESE PROVISIONS AND MAKE THE PENALTIES FOR VIOLATIONS CUMULATIVE AND ADDITIONAL; BY ADDING SECTION 8-1-200 SO AS TO PROVIDE FOR LEAVES OF ABSENCE FOR PUBLIC OFFICERS AND EMPLOYEES TRAINED BY THE AMERICAN RED CROSS FOR DISASTER RESPONSE OR EMERGENCY AND TO AUTHORIZE CERTAIN STATE OFFICERS AND EMPLOYEES TO PARTICIPATE IN AMERICAN RED CROSS DISASTER RESPONSE OR EMERGENCY RELIEF AT DISASTER OR EMERGENCY SITES WITHIN, OR OUTSIDE THE STATE; TO AMEND SECTION 51-3-60, RELATING TO FREE ADMISSION TO STATE PARKS AND REDUCED RATES FOR USE OF PARK CAMPSITES, SO AS TO EXTEND THESE PRIVILEGES TO POLICE, FIREFIGHTERS, AND EMERGENCY MEDICAL TECHNICIANS AND PARAMEDICS; BY ADDING SECTION 59-149-25 SO AS TO PROVIDE THAT IN-STATE RESIDENTS ARE ELIGIBLE FOR LIFE SCHOLARSHIPS WITHOUT THE NECESSITY OF MEETING ANY ACADEMIC QUALIFICATIONS EXCEPT FOR THE NECESSITY OF BEING ACCEPTED UNDER APPLICABLE ADMISSION REQUIREMENTS OF THE STATE INSTITUTION THEY ARE TO ATTEND IF ONE OF THEIR PARENTS OR LEGAL GUARDIANS DIED AS A RESULT OF THE TERRORIST ATTACKS ON SEPTEMBER 11, 2001, AND TO PROVIDE THE REQUIREMENTS AND PROCEDURES TO QUALIFY FOR THESE SCHOLARSHIPS; BY ADDING SECTION 53-3-150 SO AS TO DESIGNATE THE ELEVENTH DAY OF SEPTEMBER OF EACH YEAR AS A STATE DAY OF REMEMBRANCE TO THE VICTIMS OF THE SEPTEMBER 11, 2001 TERRORIST ATTACKS AND TO THE COURAGEOUS ACTIONS OF ALL LAW ENFORCEMENT OFFICERS AND RESCUE WORKERS; TO AMEND SECTION 59-1-443, RELATING TO SCHOOLS PROVIDING A MINUTE OF MANDATORY SILENCE AT THE BEGINNING OF EACH SCHOOL DAY, SO AS TO PROVIDE THAT SCHOOLS INSTEAD SHALL PROVIDE FOR A DAILY OBSERVANCE OF ONE MINUTE OF VOLUNTARY SILENT PRAYER, MEDITATION, OR OTHER SILENT ACTIVITY; BY ADDING SECTION 59-1-460 SO AS TO REQUIRE PRINCIPALS AND TEACHERS IN PUBLIC ELEMENTARY AND SECONDARY SCHOOLS TO DISPLAY THE MOTTO OF THE UNITED STATES OF AMERICA IN EACH CLASSROOM, SCHOOL AUDITORIUM, AND CAFETERIA.
Read the first time and referred to the Committee on Judiciary.
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.
Read the first time and referred to the Committee on Education.
H. 4476 (Word version) -- Reps. Harrison, Wilkins, Campsen, Lucas, McLeod and Edge: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-19-45 SO AS TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON TO GAMBLE MONEY, PROPERTY, OR ANYTHING OF VALUE UPON CERTAIN CONTESTS, GAMES, OR FUTURE EVENTS IN THIS STATE OR AT ANY LOCATION WITHIN THE JURISDICTION OF THIS STATE, TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON KNOWINGLY TO OWN, KEEP, OPERATE, MANAGE, OR MAINTAIN A DEVICE OR LOCATION THAT IS USED FOR UNLAWFUL GAMBLING AS PROHIBITED ABOVE, TO PROVIDE PENALTIES FOR VIOLATIONS OF THIS SECTION, AND TO PROVIDE EXCEPTIONS.
Read the first time and referred to the Committee on Judiciary.
H. 4633 (Word version) -- Rep Cato: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-90-175 SO AS TO ESTABLISH THE CAPTIVE INSURANCE REGULATORY AND SUPERVISION FUND; TO AMEND SECTION 38-90-10, AS AMENDED, RELATING TO DEFINITIONS FOR PURPOSES OF REGULATION OF CAPTIVE INSURANCE COMPANIES, SO AS TO PROVIDE A DEFINITION FOR "SPECIAL PURPOSES CAPTIVE INSURANCE COMPANY"; TO AMEND SECTION 38-90-20, RELATING TO THE LICENSING OF CAPTIVE INSURANCE COMPANIES, SO AS TO PROVIDE THAT A SPECIAL PURPOSE CAPTIVE INSURANCE COMPANY MAY ONLY INSURE THE RISKS OF ITS PARENT; TO AMEND SECTION 38-90-40, RELATING TO THE CAPITALIZATION REQUIREMENTS OF CAPTIVE INSURANCE COMPANIES, SO AS TO AUTHORIZE THE DIRECTOR OF THE SOUTH CAROLINA DEPARTMENT OF INSURANCE TO DETERMINE THE REQUISITE AMOUNT OF UNIMPAIRED CAPITAL THAT A SPECIAL PURPOSE CAPTIVE INSURANCE COMPANY MUST POSSESS IN ORDER TO BE LICENSED AND TO PROVIDE THAT THE REQUISITE CAPITAL MAY BE IN THE FORM OF CASH EQUIVALENT INVESTMENTS; TO AMEND SECTION 38-90-50, RELATING TO THE FREE SURPLUS REQUIREMENTS OF CAPTIVE INSURANCE COMPANIES SO AS TO AUTHORIZE THE DIRECTOR OF THE SOUTH CAROLINA DEPARTMENT OF INSURANCE TO DETERMINE THE REQUISITE AMOUNT OF FREE SURPLUS THAT A SPECIAL PURPOSE CAPTIVE INSURANCE COMPANY MUST POSSESS IN ORDER TO BE LICENSED; TO AMEND SECTION 38-90-140, RELATING TO THE AGGREGATE TAXES PAID BY A CAPTIVE INSURANCE COMPANY, SO AS TO ALLOW A CAPTIVE INSURANCE COMPANY IN ITS FIRST OPERATING YEAR TO PAY THE MINIMUM PREMIUM TAX ON A PRORATED SCHEDULE; AND TO AMEND SECTION 38-90-160, RELATING TO THE APPLICABILITY OF CHAPTER 90, TITLE 38, SO AS TO AUTHORIZE THE DIRECTOR OF THE SOUTH CAROLINA DEPARTMENT OF INSURANCE TO EXEMPT SPECIAL PURPOSE CAPTIVE INSURANCE COMPANIES, ON A CASE BY CASE BASIS, FROM THOSE PROVISIONS OF CHAPTER 90, TITLE 38 THAT HE DETERMINES TO BE INAPPROPRIATE GIVEN THE NATURE OF THE RISKS TO BE INSURED.
Read the first time and referred to the Committee on Banking and Insurance.
H. 4794 (Word version) -- Reps. Howard, J.E. Smith, J.H. Neal and Scott: A BILL TO AMEND SECTION 7-7-465, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN RICHLAND COUNTY, SO AS TO REDESIGNATE CERTAIN PRECINCTS AND CHANGE THE MAP DESIGNATION ON WHICH THE LINES OF THOSE PRECINCTS ARE DELINEATED.
Read the first time and referred to the Committee on Judiciary.
H. 4804 (Word version) -- Reps. Harvin and J. Young: A JOINT RESOLUTION TO AUTHORIZE THE CLARENDON COUNTY SCHOOL DISTRICT NUMBER ONE FOR FISCAL YEAR 2001-2002 TO TRANSFER AS MUCH AS FIFTY PERCENT OF REVENUE BETWEEN PROGRAMS TO ANY INSTRUCTIONAL PROGRAM WITH THE SAME FUNDING SOURCE; TO AUTHORIZE THE CLARENDON COUNTY SCHOOL DISTRICT NUMBER ONE FOR FISCAL YEARS 2001-2002 AND 2002-2003 TO EXPEND FUNDS RECEIVED FROM THE CHILDREN'S EDUCATION ENDOWMENT FUND FOR SCHOOL FACILITIES AND FIXED EQUIPMENT ASSISTANCE INSTEAD FOR ANY INSTRUCTIONAL PROGRAM; TO AUTHORIZE THE CLARENDON COUNTY SCHOOL DISTRICT NUMBER ONE FOR FISCAL YEAR 2001-2002 TO FURLOUGH DISTRICT STAFF AS WARRANTED DUE TO ITS FISCAL EMERGENCY; AND TO EXEMPT THE CLARENDON COUNTY SCHOOL DISTRICT NUMBER ONE FROM THE STATEWIDE MINIMUM SALARY SCHEDULE REQUIREMENT UNDER THE EDUCATION FINANCE ACT FOR FISCAL YEAR 2001-2002; AND TO AUTHORIZE THE CLARENDON COUNTY SCHOOL DISTRICT NUMBER ONE FOR FISCAL YEAR 2002-2003 TO TRANSFER AS MUCH AS FIFTY PERCENT OF REVENUE BETWEEN PROGRAMS TO ANY INSTRUCTIONAL PROGRAM WITH THE SAME FUNDING SOURCE, TO FURLOUGH DISTRICT STAFF AS WARRANTED DUE TO FISCAL EMERGENCY, AND TO EXEMPT THE DISTRICT FROM THE STATEWIDE MINIMUM SALARY SCHEDULE REQUIREMENT AND THE EDUCATION FINANCE ACT.
Read the first time and ordered placed on the Calendar without reference.
On motion of Senator LAND, with unanimous consent, H. 4804 was ordered to receive a second and third reading on the next two consecutive legislative days.
H. 4824 (Word version) -- Reps. Kirsh, Meacham-Richardson, Simrill, Moody-Lawrence, Delleney and McCraw: A CONCURRENT RESOLUTION TO RECOGNIZE YORK COUNTY FOR ITS MANY ACCOMPLISHMENTS OVER THE PAST DECADE AND TO DECLARE MARCH 20, 2002, "YORK COUNTY DAY" IN SOUTH CAROLINA.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4832 (Word version) -- Reps. Carnell, Klauber, Park and Stille: A CONCURRENT RESOLUTION TO EXPRESS THE SORROW OF THE GENERAL ASSEMBLY FOR THE LOSS OF GODFREY'S MARKET IN HODGES A HISTORIC LANDMARK AND TREASURED LOCAL ESTABLISHMENT, AND TO EXTEND TO THE COBB-DEPASS FAMILY, THE GODFREY FAMILY, AND TO THE TOWN OF HODGES THEIR SINCERE REGRETS ON THIS TRAGIC OCCASION.
The Concurrent Resolution was adopted, ordered returned to the House.
Senator FAIR from the Committee on Corrections and Penology submitted a favorable report on:
S. 983 (Word version) -- Senators Fair, Patterson, Waldrep, Jackson, Thomas, Anderson, Bauer, Ford, Giese, Hawkins, Branton, Ryberg, Alexander, Glover, Matthews and Pinckney: A BILL TO PROVIDE THAT, AFTER A PHASE-OUT PERIOD EXTENDING OVER THREE FISCAL YEARS, THE STATE SHALL FOREGO ANY COMMISSION OR OTHER SOURCE OF REVENUE DERIVED FROM THE PLACEMENT OF TELEPHONES IN INSTITUTIONS OF THE DEPARTMENT OF CORRECTIONS AND THE DEPARTMENT OF JUVENILE JUSTICE FOR THE USE OF INMATES AND TO PROVIDE THAT THE STATE BUDGET AND CONTROL BOARD SHALL ENSURE THAT THE TELEPHONE RATES CHARGED FOR THE USE OF THESE PHONES REASONABLY REFLECT THIS FOREGONE STATE REVENUE.
Ordered for consideration tomorrow.
Senator THOMAS from the Committee on Banking and Insurance submitted a favorable report on:
S. 1020 (Word version) -- Senators Thomas and Alexander: 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.
Ordered for consideration tomorrow.
Senator COURSON from the Committee on Invitations polled out S. 1036 favorable:
S. 1036 (Word version) -- Senators Courson, Alexander and Drummond: A CONCURRENT RESOLUTION AUTHORIZING THE SOUTH CAROLINA STUDENT LEGISLATURE THE USE OF THE HOUSE AND SENATE CHAMBERS ON THURSDAY, NOVEMBER 14, AND FRIDAY, NOVEMBER 15, 2002, AND THE USE OF AVAILABLE MEETING SPACE IN THE BLATT OFFICE BUILDING ON WEDNESDAY, NOVEMBER 13, 2002, FOR THE ORGANIZATION'S ANNUAL MEETING, IN ACCORDANCE WITH THE BUILDING POLICY AS ADMINISTERED BY THE CLERKS OF THE RESPECTIVE BODIES.
AYES
Courson Matthews Patterson O'Dell McGill Waldrep Alexander Bauer Peeler Elliott Kuhn
S. 1036 (Word version) -- Senators Courson, Alexander and Drummond: A CONCURRENT RESOLUTION AUTHORIZING THE SOUTH CAROLINA STUDENT LEGISLATURE THE USE OF THE HOUSE AND SENATE CHAMBERS ON THURSDAY, NOVEMBER 14, AND FRIDAY, NOVEMBER 15, 2002, AND THE USE OF AVAILABLE MEETING SPACE IN THE BLATT OFFICE BUILDING ON WEDNESDAY, NOVEMBER 13, 2002, FOR THE ORGANIZATION'S ANNUAL MEETING, IN ACCORDANCE WITH THE BUILDING POLICY AS ADMINISTERED BY THE CLERKS OF THE RESPECTIVE BODIES.
Senator COURSON asked unanimous consent to take the Concurrent Resolution up for immediate consideration.
There was no objection.
The Senate proceeded to a consideration of the Concurrent Resolution, the question being the adoption of the Resolution.
Senator COURSON asked unanimous consent to adopt the Concurrent Resolution.
There was no objection.
The Concurrent Resolution was adopted, ordered sent to the House.
Senator RYBERG from the Committee on Transportation polled out H. 3931 favorable:
H. 3931 (Word version) -- Rep. Townsend: A BILL TO AMEND SECTION 56-5-4030, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MAXIMUM ALLOWABLE WIDTH OF A VEHICLE, SO AS TO PROVIDE THAT APPURTENANCES ON CERTAIN VEHICLES MAY EXCEED THE MAXIMUM WIDTH REQUIREMENT AS LONG AS THEY REMAIN INSIDE THE EXTERIOR REAR VIEW MIRRORS OF THE VEHICLE, OR ITS TOW VEHICLE; AND TO AMEND SECTION 56-5-4070, RELATING TO LIMITATIONS PLACED ON THE LENGTH OF COMBINATION VEHICLES, SO AS TO INCREASE THE MAXIMUM LENGTH OF CERTAIN VEHICLES THAT TRAVEL ALONG THE STATE'S HIGHWAYS FROM FORTY FEET TO FORTY-FIVE FEET.
AYES
Ryberg Land Leatherman Leventis Elliott Grooms Richardson Ritchie Hawkins Verdin Drummond
McGill Rankin Short Bauer Ravenel Pinckney
Ordered for consideration tomorrow.
Senator THOMAS from the Committee on Banking and Insurance submitted a favorable report on:
H. 4430 (Word version) -- Reps. Cato, Kirsh, Walker, Law and Vaughn: A BILL TO AMEND SECTION 38-43-106, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONTINUING EDUCATION REQUIREMENTS FOR INSURANCE AGENTS AND THE ADVISORY COMMITTEE TO THE DEPARTMENT OF INSURANCE WHICH RECOMMENDS CONTINUING EDUCATION COURSES FOR APPROVAL BY THE DEPARTMENT, SO AS TO MAKE A TECHNICAL CORRECTION BY CHANGING THE NAME OF AN ADVISORY BOARD MEMBER FROM THE SOUTH CAROLINA ASSOCIATION OF LIFE UNDERWRITERS TO ITS CURRENT NAME OF THE SOUTH CAROLINA ASSOCIATION OF INSURANCE AND FINANCIAL ADVISORS.
Ordered for consideration tomorrow.
Columbia, S.C., February 27, 2002
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 3447 (Word version) -- Reps. Cato, Cobb-Hunter, Jennings, Bales, Barfield, Barrett, Battle, G. Brown, J. Brown, Carnell, Davenport, Delleney, Edge, Harrison, Hayes, Hinson, Howard, Kelley, Knotts, Lee, Limehouse, Littlejohn, Lourie, McCraw, Meacham-Richardson, J.H. Neal, Rutherford, Sandifer, Scott, F.N. Smith, J.E. Smith, Talley, Taylor, Walker, Webb, Whatley, Whipper, Wilkins, White, Miller and Simrill: A BILL TO AMEND CHAPTER 63, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSURE AND REGULATION OF SOCIAL WORKERS, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL FRAMEWORK OF CHAPTER 1, TITLE 40 FOR BOARDS UNDER THE ADMINISTRATION OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION; TO REVISE SOCIAL WORK LICENSURE CLASSIFICATIONS AND THEIR RESPECTIVE AREAS AND SCOPE OF PRACTICE; TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF SOCIAL WORKERS; AND TO PROVIDE A ONE-YEAR PERIOD WITHIN WHICH TO CONVERT A CURRENT LICENSE TO A LICENSE WITHIN THE REVISED CLASSIFICATIONS.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
The following Bill was read the third time and, having received three readings in both Houses, it was ordered that the title be changed to that of an Act and enrolled for Ratification:
H. 4567 (Word version) -- Reps. Taylor, Carnell and Wilder: A BILL TO AMEND SECTION 7-7-360, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN LAURENS COUNTY, SO AS TO CHANGE THE NAMES OF CERTAIN PRECINCTS AND REDESIGNATE THE MAP REFERENCE OF THE MAP ON WHICH THE LINES OF THESE PRECINCTS ARE DELINEATED.
The following Bills were read the third time and ordered sent to the House of Representatives:
S. 803 (Word version) -- Senators Elliott and Ford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY AMENDING SECTION 61-6-1540, RELATING TO NON-ALCOHOLIC MERCHANDISE, SO AS TO PROVIDE THAT A RETAIL DEALER OF ALCOHOLIC BEVERAGES MAY SELL LOTTERY TICKETS ON HIS RETAIL PREMISES.
S. 863 (Word version) -- Senator Bauer: A BILL TO AMEND SECTION 23-15-140, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFICIAL BADGE OF DEPUTY SHERIFFS, SO AS TO PROVIDE THAT A CORRECTIONAL OFFICER WHO IS EMPLOYED BY A COUNTY OR MUNICIPAL DETENTION FACILITY ON OR BEFORE DECEMBER 31, 2002, MAY WEAR A BADGE THAT CONSISTS OF OR INCORPORATES THE SHAPE OF A FIVE-POINTED OR SIX-POINTED STAR WITH A REPLICA OF THE GREAT SEAL OF SOUTH CAROLINA INSCRIBED IN ITS CENTER.
S. 903 (Word version) -- Senator Mescher: A BILL TO AMEND SECTION 15-78-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN CONNECTION WITH THE SOUTH CAROLINA TORT CLAIMS ACT, SO AS TO INCLUDE VOLUNTEERS WITHIN THE DEFINITION OF "EMPLOYEE"; AND TO AMEND SECTION 15-78-60, AS AMENDED, RELATING TO EXEMPTIONS FROM THE STATE'S LIABILITY UNDER THE TORT CLAIMS ACT, SO AS TO PROVIDE THAT ACTIVITIES RELATING TO PREVENTION OF TERRORISM OR TERRORIST ATTACK AND ACTIVITIES IN RESPONSE TO A TERRORIST THREAT OR TERRORIST ATTACK ARE EXEMPTED UNDER THE TORT CLAIMS ACT.
S. 966 (Word version) -- Senator Leatherman: A BILL TO AMEND SECTION 59-133-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUTIES AND POWERS OF THE BOARD OF TRUSTEES OF FRANCIS MARION UNIVERSITY, SO AS TO DELETE THE REQUIREMENT THAT THE EXECUTIVE COMMITTEE OF THE BOARD MAY NOT EXCEED FIVE MEMBERS; AND TO AMEND SECTION 59-133-40, RELATING TO MEETINGS OF THE BOARD, SO AS TO DELETE THE REQUIREMENT THAT THE BOARD MAY ONLY MEET IN FLORENCE.
The following Bill, having been read the second time with notice of general amendments, was ordered placed on the third reading Calendar:
S. 1006 (Word version) -- Senator Grooms: A BILL TO AMEND SECTION 50-13-1180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROHIBITIONS REGARDING TROTLINES, SO AS TO REQUIRE THAT TROTLINE HOOKS USED IN LAKES MARION AND MOULTRIE MUST, IN ADDITION TO OTHER REQUIREMENTS, BE CAPABLE OF BEING PASSED THROUGH A THREE-INCH-LONG CYLINDER WITH A ONE-HALF INCH INSIDE DIAMETER.
S. 65 (Word version) -- Senators Mescher, Reese and Branton: A BILL TO AMEND SECTION 7-13-190, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIAL ELECTIONS TO FILL VACANCIES IN OFFICE, SO AS TO PROVIDE NO SPECIAL ELECTION IS REQUIRED TO BE CONDUCTED IF ONLY ONE CANDIDATE OFFERS FOR AN OFFICE AND NO ONE PUBLICLY ANNOUNCES AN INTENTION TO OFFER FOR THAT OFFICE AS A WRITE-IN CANDIDATE BY TWO WEEKS AFTER THE FILING FOR THAT OFFICE HAS CLOSED AND TO PROVIDE FOR THE APPLICABILITY TO MUNICIPAL GENERAL ELECTIONS.
The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Judiciary.
Senator MOORE asked unanimous consent to make a motion that the minority report be removed.
There was no objection.
The Committee on Judiciary proposed the following amendment (JUD0065.001), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/ SECTION 1. Section 7-11-15 of the 1976 Code, as last amended by Act 236 of 2000, is further amended to read:
"Section 7-11-15. In order to qualify as a candidate to run in the general election, all candidates seeking nomination by political party primary or political party convention must file a statement of intention of candidacy between noon on March sixteenth and noon on March thirtieth as provided in this section.
(1) Candidates seeking nomination for a statewide, congressional, or district office that includes more than one county shall must file their statements of intention of candidacy with the state executive committee of their respective party.
(2) Candidates seeking nomination for the State Senate or House of Representatives must file their statements of intention of candidacy with the county executive committee of their respective party in the county of their residence. The county committees must, within five days of the receipt of the statements, transmit them the statements along with the applicable filing fees to the respective state executive committees. Provided, however However, the county committees must report all filings to the state committees no later than five p.m. on March thirtieth. The state executive committees must certify candidates pursuant to Section 7-13-40.
(3) Candidates seeking nomination for a countywide or less than countywide office shall file their statements of intention of candidacy with the county executive committee of their respective party.
Except as provided herein, the county executive committee of any political party with whom statements of intention of candidacy are filed must file, in turn, all statements of intention of candidacy with the county election commission by noon on the tenth day following the deadline for filing statements by candidates. If the tenth day falls on Saturday, Sunday, or a legal holiday, the statements must be filed by noon the following day. The state executive committee of any political party with whom statements of intention of candidacy are filed must file, in turn, all the statements of intention of candidacy with the State Election Commission by noon on the tenth day following the deadline for filing statements by candidates. If the tenth day falls on Saturday, Sunday, or a legal holiday, the statements must be filed by noon the following day. No candidate's name may appear on a primary election ballot, convention slate of candidates, general election ballot, or special election ballot, except as otherwise provided by law, if (1) the candidate's statement of intention of candidacy has not been filed with the county election commission or State Election Commission, as the case may be, by the deadline and (2) the candidate has not been certified by the appropriate political party as required by Sections 7-13-40 and 7-13-350, as applicable. The candidate's name must appear if the candidate produces the signed and dated copy of his timely filed statement of intention of candidacy.
The statement of intention of candidacy required in this section and in Section 7-13-190(B) must be on a form designed and provided by the State Election Commission. This form, in addition to all other information, must contain an affirmation that the candidate meets, or will meet by the time of the general election, or as otherwise required by law, the qualifications for the office sought. It must be filed in triplicate by the candidate, and the political party committee with whom it is filed must stamp it with the date and time received, sign it, keep one copy, return one copy to the candidate, and send one copy to either the county election commission or the State Election Commission, as the case may be.
If, after the closing of the time for filing statements of intention of candidacy, there are not more than two candidates for any one office and one or more of the candidates dies, or withdraws, the state or county committee, as the case may be, if the nomination is by political party primary or political party convention only may, in its discretion, afford opportunity for the entry of other candidates for the office involved; provided however, that for the office of State House of Representatives or State Senator, the discretion must be exercised by the state committee.
The provisions of this section do not apply to nonpartisan school trustee elections in any school district where local law provisions provide for other dates and procedures for filing statements of candidacy or petitions, and to the extent the provisions of this section and the local law provisions conflict, the local law provisions control."
SECTION 2. Section 7-13-190 of the 1976 Code is amended by adding:
"(E)(1) A special election to fill a vacancy in an office is not required to be conducted if fourteen calendar days have elapsed since the filing period for that office has closed and:
(a) only one person has filed for the office; and
(b) no person has filed a declaration to be a write-in candidate with the authority charged by law with conducting the election.
(2) In such an event, the candidate who filed for the office is deemed elected.
(3) The provisions of this subsection also apply to municipal general elections."
SECTION 3. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
Senator RITCHIE explained the committee amendment.
The committee amendment was adopted.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar with notice of general amendments.
S. 969 (Word version) -- Senator Martin: A BILL TO AMEND SECTION 50-11-2210, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO UNLAWFUL ABUSE OF WILDLIFE MANAGEMENT AREA LANDS AND IMPROVEMENTS, SO AS TO PROVIDE THAT CERTAIN ACTIVITIES ARE UNLAWFUL ABUSES OF WILDLIFE MANAGEMENT AREA LANDS AND IMPROVEMENTS; AND TO AMEND SECTION 50-11-2220, AS AMENDED, RELATING TO ADDITIONAL PENALTIES FOR ABUSING WILDLIFE MANAGEMENT AREA LANDS AND IMPROVEMENTS, SO AS TO PROVIDE THAT IT IS UNLAWFUL TO ENTER ONTO WILDLIFE MANAGEMENT AREA LANDS AFTER LOSING THE PRIVILEGE TO ENTER WILDLIFE MANAGEMENT AREA LANDS, AND TO PROVIDE PENALTIES FOR VIOLATIONS OF THIS SECTION.
The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Fish, Game and Forestry.
The Committee on Fish, Game and Forestry proposed the following amendment (SWB\5162DJC02), which was adopted:
Amend the bill, as and if amended, SECTION 1, page 1, line 30, by striking SECTION 1 in its entirety and inserting:
/ SECTION 1. Section 50-11-2210 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 50-11-2210. The abuse, misuse, damage, or destruction of wildlife management area land and or improvements thereon on wildlife management area land is unlawful. Any A person who abuses, misuses, damages, or destroys wildlife management area land or improvements on them including, but not limited to, roads, vegetation, buildings, structures, or fences or leaves refuse, trash, or other debris on the property or sets, makes, or builds a fire except in an area specially designated by the department or landowner as a campfire area, operates a motor conveyance in an area or on a road closed to operation, conducts target practice except in a designated target practice area, camps in an area not designated as a campsite, disregards a safety or restrictive posting by the landowner, or who otherwise abuses, damages, destroys, or misuses a wildlife management area is guilty of a misdemeanor and, upon conviction, must be fined two hundred dollars and be required to make restitution to the landowner in an amount determined by the court to be necessary to repair, rebuild, restore, or clean up, or restore the property to its condition before the abuse occurred. Any A person failing to make restitution within the time limit set by the court shall must serve a mandatory ten-day sentence in the county jail which may not be suspended in whole or in part. The provisions of this section are in addition to other criminal penalties." /
Renumber sections to conform.
Amend title to conform.
The committee amendment was adopted.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar with notice of general amendments.
The following Joint Resolutions, having been read the second time, were ordered placed on the third reading Calendar:
S. 1009 (Word version) -- Senators Grooms and Mescher: A JOINT RESOLUTION TO DIRECT THE DEPARTMENT OF NATURAL RESOURCES TO NAME THE SANTEE RIVER BOAT LANDING WHERE U.S. HIGHWAY 17-A AND S. C. HIGHWAY 41 CROSS THE SANTEE RIVER ABOVE JAMESTOWN IN BERKELEY COUNTY THE "LENUD'S FERRY BOAT LANDING."
S. 1062 (Word version) -- Fish, Game and Forestry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF NATURAL RESOURCES, RELATING TO DROUGHT PLANNING RESPONSE, DESIGNATED AS REGULATION DOCUMENT NUMBER 2630, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 1063 (Word version) -- Fish, Game and Forestry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF NATURAL RESOURCES, RELATING TO SEASONS, LIMITS, METHODS OF TAKE AND SPECIAL USE RESTRICTIONS ON WMA'S, DESIGNATED AS REGULATION DOCUMENT NUMBER 2657, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 1064 (Word version) -- Fish, Game and Forestry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO CLASSIFIED WATERS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2637, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 1065 (Word version) -- Fish, Game and Forestry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF NATURAL RESOURCES, RELATING TO TROUT HARVEST, DESIGNATED AS REGULATION DOCUMENT NUMBER 2690, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 255 (Word version) -- Senators Hayes, Branton, Ryberg, Ravenel, Giese, Grooms, Alexander, Wilson, Peeler, J. Verne Smith, Leatherman, Hawkins and Ritchie: A BILL TO AMEND SECTION 16-23-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS PERTAINING TO OFFENSES INVOLVING WEAPONS, SO AS TO REVISE THE DEFINITION FOR THE TERM "CRIME OF VIOLENCE" TO INCLUDE THE OFFENSES OF DISTRIBUTION OF NARCOTIC DRUGS AND TRAFFICKING OF NARCOTIC DRUGS.
The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Judiciary.
The Committee on Judiciary proposed the following amendment (JUD0255.002), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/ SECTION 1. Section 16-23-10(c) of the 1976 Code is amended to read:
"(c) The term 'crime of violence' means murder, manslaughter (except negligent manslaughter arising out of traffic accidents), rape, mayhem, kidnapping, burglary, robbery, housebreaking, assault with intent to kill, commit rape, or rob, assault with a dangerous weapon, a violent crime pursuant to Section 16-1-60 or assault with intent to commit any offense punishable by imprisonment for more than one year distribution of a narcotic drug pursuant to Chapter 53 of Title 44."
SECTION 2. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
Senator RITCHIE explained the committee amendment.
The committee amendment was adopted.
Senator HUTTO proposed the following amendment (JUD0255.005), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION ___. Section 16-23-10(f) is amended to read:
"(f) The term 'conviction' as used herein shall include includes pleas of guilty, pleas of nolo contendere, and forfeiture of bail, but does not include convictions for which a pardon was granted." /
Renumber sections to conform.
Amend title to conform.
Senator HUTTO explained the amendment.
The amendment was adopted.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.
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.
The Senate proceeded to a consideration of the Bill, the question being the second reading of the Bill.
Senator McCONNELL proposed the following amendment (JUD4682.002), which was adopted:
Amend the bill, as and if amended, page 1, line 27, in SECTION 1, by striking /is/ and inserting / are /.
Amend the bill further, as and if amended, page 3, line 9, in SECTION 2, by striking line 9 and inserting therein the following:
/ SECTION 2. The South Carolina Reporter's Comment for Section 36-9-109 is amended to read:
"South Carolina Reporter's Comment
1.A. Transactions Creating a Security Interest in Personal Property
Section 36-9-109(1)(a) provides that unless subject a statutory exception, Article 9 applies to 'a transaction, regardless of its form, that creates a security interest in personal property or fixtures by contract.' The breadth of this provision can be appreciated by examining the scope of the term 'personal property.' Although the statute does not define the term, it is clear that the term includes a significantly broader range of collateral than prior law. The following types of personal property that can be subject to a security interest under Article 9. This classification of collateral should prove useful in our a discussions discussion of attachment, perfection, priority, and default because the statute draws distinctions in these areas based upon the type of collateral in issue.
1. Types of Personal Property which may be Subject to Article 9 Security Interest
1.a. Accounts--Section 36-9-102(a)(2)
Section 36-9-102(a)(2) defines 'account' to mean a right to payment of a monetary obligation, whether or not earned by performance.
a.(1) for "property" sold, leased, licensed, assigned, or otherwise disposed of;
b.(2) for services rendered;
c.(3) for issuance of a policy of insurance;
d.(4) for incurring a secondary obligation such as a guarantee or issuing a letter of credit;
e.(5) for energy provided;
f.(6) for hiring a vessel;
g.(7) arising out of the use of a charge or credit card;
h.(8) as winnings in a government sponsored lottery or game of chance;
i.(9) health-care-insurance receivables which are defined in Section 36-9-102(a)(46) as claims under a policy of insurance for payment of an obligation for health care goods or services provided.
2.b. Chattel paper--Section 36-9-102(a)(11)
Chattel Paper is defined as a record that evidences a monetary obligation and a security interest in specific goods, a security interest in specific goods and software used in the goods, or a lease of specific goods. Chattel paper may either be 'tangible chattel paper' as defined in Section 36-9-102(a)(78) as chattel paper consisting of information inscribed on a tangible form or 'electronic chattel paper' defined in Section 36-9-102(a)(31) as chattel paper consisting of information stored in an electronic medium.
3.c. Commercial Tort Claims--Section 36-9-102(a)(13)
Commercial tort claims include all tort claims held by an 'organization' and tort claims of individuals that arose in the course of the claimant's business and do not cover damages for personal injury or death.
4.d. Deposit Accounts--Section 36-9-102(a)(29)
Deposit accounts are defined as time savings, passbook, or similar accounts maintained with a bank and which are not evidenced by an instrument.
5.e. Documents--Section 36-9-102(a)(30)
6.f. General Intangibles--Section 36-9-102(a)(44)
General intangibles is the catch all category of collateral and is defined to include 'any personal property, including things in action, other than accounts, chattel paper, commercial tort claims, deposit accounts, documents, goods, instruments, investment property, letter-of-credit rights, letters of credit, money, and oil, gas, or other minerals before extraction.' Software is expressly included in the definition of general intangibles. Revised Article 9 has a subset of general intangibles referred to as 'payment intangibles' which are defined as general intangibles under which the account debtor's principal obligation is a monetary obligation. See Section 36-9-102(a)(6).
7.g. Goods--Section 36-9-109(a)(44)
Goods are defined as 'all things that are moveable when a security interest attaches.' The term expressly includes fixtures; standing timber to be cut under a conveyance or contract of sale; unborn animals; crops including crops produced on trees, vines, and bushes; and manufactured homes as defined in Section 36-9-102(a)(53). Goods also includes include a computer program embedded in goods if the program is customarily considered part of the goods or by becoming the order of the goods a person acquires the right to use the program.
The broad category of goods is divided into several subsets.
(a)(1) Accessions--Section 36-9-102(a)(1)
Goods physically united to other goods but which do not lose their identity.
(b)(2) As Extracted Collateral--Section 36-9-102(a)(6)(A)
As extracted collateral includes oil, gas, or other minerals that are subject to a security interest created by a person who owns the collateral before extraction and which attaches upon extraction.
(c)(3) Consumer Goods--Section 36-9-102(a)(1)
Goods that are used or bought primarily for personal, family, or household purposes.
(d)(4) Equipment--Section 36-9-102(a)(33)
Goods other than inventory, farm products or inventory.
(e)(5) Farm Products--Section 36-9-102(a)(34)
Goods, excluding standing timber, owned by a debtor engaged in farming operations which are crops, aquatic goods produced in aquacultural operations, livestock, farming supplies, or products of crops or livestock in their unmanufactured state.
(f)(6) Fixtures--Section 36-9-102(a)(41)
Goods so related to real property that an interest in them arises under real property law.
(g)(7) Inventory--Section 36-9-102(a)(48)
Inventory includes goods other than farm products which are leased by a lessor, held for sale, lease, or to be furnished under a service contract, raw materials, work in progress, and materials used or consumed in a business.
8.h. Instruments--Section 36-9-102(a)(47)
Negotiable instruments and any other writing that evidences a right to payment and is a type that is transferred in the ordinary course by delivery and any necessary indorsement.
9i. Investment Property--Section 36-9-102(a)(49)
Investment property includes:
(a)(1) Certificated Securities--Section 36-8-102(a)(4) (1994)
(b)(2) Uncertificated Securities--Section 36-8-102(a)(18) (1994)
(c)(3) Securities Entitlements--Section 36-8-102(a)(7) (1994)
(d)(4) Securities Accounts--Section 36-8-501(a) (1994)
(e)(5) Commodity Contracts--Section 36-9-102(a)(15)
(f)(6) Commodity Accounts--Section 36-9-102(a)(14)
10.j. Letter of Credit Rights--Section 36-9-102(a)(51)
A letter of credit right is a beneficiary's right to payment under a letter of credit, but does not include the right of a beneficiary to demand payment under a letter of credit. To illustrate this definition assume that Buyer as applicant and Bank as issuer enter into a letter of credit naming Seller as beneficiary. The letter of credit provides that Bank will make payment to Seller upon presentation of documents evidencing Seller's shipment of goods to Buyer. Seller's letter of credit rights include the right to receive payment upon its presentation of documents. Seller's letter of credit rights do not include the right to assign his status as beneficiary to another supplier of goods.
2.B. Landlord's lien
Section 9-109(d)(1) of the 1999 Official Text provides that Article 9 does not apply 'to a landlord's lien, other than an agricultural lien.' South Carolina has revised the Official Text of Sections 9-109(d)(1) and 9-317(a)(2) to clarify that Article 9 provides the priority rule governing a conflict between an Article 9 security interest and a landlord's lien for distraint. The revision in Section 36-9-109(d)(1) provides that the priority conflict between a landlord's lien and a security interest is governed by Section 36-9-317. The revision in Section 36-9-317(a)(2), in effect, provides that a secured party who files or perfects before a landlord levies a distress warrant has priority over the landlord.
Under Section 36-9-317(a)(2) a landlord's lien for distraint will have priority over a security interest only if the landlord establishes its lien before the earlier of the time that the security interest is perfected or a financing statement covering the collateral is filed. A landlord seeking to collect rent through distraint does not obtain a lien until there is an actual levy of the distress warrant. Burnett v. Boukedes, 240 S.C. 144, 125 S.E. 2de 10, 115 (1962). Therefore, if a secured party files a financing statement or otherwise perfects its security interest before the landlord levies on the collateral pursuant to a distress warrant, the secured party will have priority over the landlord. The South Carolina revisions in Sections 36-9-109(d)(1) and 36-9-317(a)(2) are consistent with the decision in Ex Parte J.M. Smith Corp., Shearouse Advance Sheet No. 25169 (S.C., July 10, 2000)
3.C. Agricultural liens
Section 36-9-109(a)(2) provides that Article 9 extends to agricultural liens. Section 36-9-102(a)(5) defines an agricultural lien as an interest, other than a security interest, in farm products which meet three requirements. First, an agricultural lien must secure payment or performance of an obligation for either goods or services furnished in connection with a debtor's farming operation or rent on real property leased by a debtor in connection with its farming operation. Second, an agricultural lien must be created by statute in favor of a person that either in the ordinary course of business provided goods or services to the debtor in connection with the debtor's farming operation or leased real property to a debtor in connection with the debtor's farming operation. Third, the effectiveness of an agricultural lien must not depend upon the lienholder's possession of the encumbered property.
South Carolina has three statutory liens that qualify as agricultural liens under revised Section 36-9-102(a)(3). Section 39-13-10, S.C. Code Ann. (1976) provides that a landlord leasing land for agricultural purposes has 'a prior and preferred lien' upon all crops raised on the leased land to secure the payment of rent. Under Section 29-13-10 no writing or recording is necessary to create a landlord's lien for rent and the lien exists from the date of the lease contract whether the contract is verbal or in writing.
Section 29-13(20 29-13-20, S.C. Code Ann. (1976) provides that laborers who assist in making a crop have a lien upon the crop to the extent of the amount due for their labor.
Section 29-13-10, S.C. Code Ann. (1976) further provides that landlord has a lien on crops raised by a tenant for all advances that the landlord made to tenant during the year the crop was raised. Section 29-3-40, S.C. Code Ann. (Supp. 1999) provides that the landlord's lien for advances shall must be indexed in the office of the register of deeds or clerk of court in the county in which the land is located. That section further provides that indexing of the lien constitutes notice to third parties from the date of the indexing and protects the lienholder against the claims of purchasers or creditors who obtain possession of the crop after the lien is indexed.
Section 29-13-30, S.C. Code Ann. (1976) provides priority rules for these three agricultural liens. Under that provision the landlord's lien upon a crop for rent is 'in preference to all other liens.' Next in priority is the laborer's lien upon crop for the amount due for such labor. As between unpaid laborers, the statute provides that there shall be no preference. Finally, the third priority is awarded to the landlord's lien for advances.
Including agricultural liens within the scope of Article 9 requires holders of such liens to meet the Code's requirement for perfection. Significantly, an agricultural lien does not have to satisfy the requirements of Section 36-9-203 in order to attach and become enforceable. Therefore, the inclusion of agricultural liens within the scope of Article 9 does not render a verbal landlord' landlord's lien for rent unenforceable. An agricultural lien holder, however, must meet the perfection requirements of revised Article 9. Under revised Section 36-9-302, South Carolina law controls the perfection of agricultural liens upon farm products located in the State. Section 36-9-310(a) provides that agricultural liens are perfected by filing a financing statement. Under Section 36-9-501(2) the Secretary of State's Office is the place in which to file to perfect an agricultural lien.
Article 9 has a limited impact upon the priority of agricultural liens. If an agricultural lien is unperfected, Section 36-9-317 subordinates the lien to perfected agricultural liens and security interests, lien creditors, and buyers who give value and take delivery without knowledge of the lien. If a South Carolina agricultural lien is perfected, however, it is not subject to Article 9's normal priority rules. Section 36-9-322(g) provides that a perfected agricultural lien has priority over a conflicting security interest or agricultural lien on the same collateral if the statute creating the agricultural lien so provides. Section 29-13-30 sets forth priority rules governing the agricultural liens created by Sections 29-13-10 and 29-13-20. Under these priority rules the landlord's lien for rent in 'preference to all other liens', laborer's liens are 'next in priority', and the landlord's lien for advances 'shall be paid next, after the satisfaction of the landlord's lien for rent and the laborer's lien for labor...' The priority rules of Section 29-13-30 should be read as displacing Article 9 general priority rules. See Poinsett Construction Co. v. Fischer, 301 S.C. 343, 391 S.E. 2d 875 (Ct. App. 1990) (statutory liens afforded 'first lien' status under the statutes creating the lien had priority over an earlier perfected security interest).
To illustrate the application of the priority rules governing agricultural liens consider the following:
On March 1, 2002, SP enters into a written security agreement with Farmer retaining a security interest in Farmer's crop to secure a loan. On March 1, 2002, SP files a financing statement to perfect its security interest. On April 1, 2002, Landlord enters into verbal contract with Farmer under which Landlord leases land to Farmer to raise his crop. Under Section 29-13-10 Landlord obtains an agricultural lien upon Farmer's crop to secure the rent arising under the lease. If Landlord perfects his agricultural lien by filing a financing statement, Landlord will have priority over SP under Section Sections 36-9-322(g) and 29-13-30. If Landlord fails to perfect his agricultural lien, SP will have priority over Sections 36-9-317(a)(1) and 36-9-322(a)(2).
D. Transfers by government and governmental units.
Subsection (14) was added after the revision of this section in 2000. Transfers by governments and governmental units lay outside of the scope of Article 9 prior to its 2000 revision. Subsection (14) was added to provide that as of the effective date of the 2000 revision transfers by government and governmental units will continue to lay outside the scope of Article 9.
Definitional Cross Reference:
'Account' Section 36-9-102(a)(2)
'Agricultural Lien' Section 36-9-102(a)(6)
'Chattel Paper' Section 36-9-102(a)(11)
'Commercial Tort Claim' Section 36-9-102(a)(13)
'Consignment' Section 36-9-102(a)(20)
'Deposit Account' Section 36-9-102(a)(29)
'Fixture' Section 36-9-102(a)(41)
'Health Care Insurance Receivable' Section 36-9-102(a)(46)
'Letter of Credit' Section 36-5-103(1)(a)
[Section 36-5-102(a)(10) 1995 Revision]
'Nominated Person' [Section 36-5-102(a)(11) 1995 Revision]
'Payment Intangible' Section 36-9-102(a)(61)
'Promissory Note' Section 36-9-102(a)(65)
'Transferee Beneficiary' See Section 36-6-116
[See Sections 36-5-112 and 36-5-114(e) 1995 Revision]"
SECTION 3. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
Senator McCONNELL explained the amendment.
The amendment was adopted.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.
S. 932 (Word version) -- Senators Drummond and McConnell: 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.
On motion of Senator McCONNELL, with unanimous consent, the Bill was recommitted to the Committee on Judiciary.
H. 4522 (Word version) -- Reps. Ott, Sharpe and Witherspoon: A CONCURRENT RESOLUTION TO MEMORIALIZE THE CONGRESS TO REQUIRE THE UNITED STATES FISH AND WILDLIFE SERVICE PROVIDE THE STATE OF SOUTH CAROLINA AND THE ATLANTIC FLYWAY STATES WITH THE SAME WATERFOWL SEASON FRAMEWORK AFFORDED THE SIX STATES IN THE LOWER MISSISSIPPI FLYWAY, AND TO COMMEND THE SOUTH CAROLINA DEPARTMENT OF NATURAL RESOURCES FOR AGGRESSIVELY PURSUING THE REGULATORY OPTIONS NECESSARY TO PROVIDE HUNTERS IN SOUTH CAROLINA WITH THE SAME WATERFOWL HUNTING OPPORTUNITIES AFFORDED TO HUNTERS IN OTHER STATES.
The Concurrent Resolution was adopted, ordered returned to the House.
S. 740 (Word version) -- Senator Bauer: A BILL TO AMEND SECTION 50-13-236, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CREEL AND SIZE LIMITS ON STRIPED BASS AND BLACK BASS FROM LAKE MURRAY, SO AS TO DELETE THE PROVISION THAT THE SIZE LIMIT ON STRIPED BASS TAKEN FROM LAKE MURRAY IS NOT IN EFFECT DURING THE MONTHS OF JUNE, JULY, AND AUGUST.
Senator GREGORY objected to further consideration of the Bill.
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.
H. 3307 (Word version) -- Reps. Scott, Knotts, Jennings, Carnell, Govan, Whatley, Dantzler, Lee, Miller, Snow, Breeland, Hosey, Rutherford, J.E. Smith, Rivers, Weeks and Rhoad: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 57 TO TITLE 33 SO AS TO ENACT THE "SOUTH CAROLINA EDUCATION LOTTERY ACT"; TO PROVIDE FOR A STATE LOTTERY AND TO CREATE THE SOUTH CAROLINA EDUCATION LOTTERY CORPORATION TO CONDUCT THE STATE LOTTERY; TO PROVIDE FOR THE CORPORATION'S BOARD MEMBERSHIP, DUTIES, AND POWERS; TO PROVIDE FOR THE CREATION OF A LOTTERY RETAILERS ADVISORY COMMITTEE; TO PROVIDE FOR THE METHOD OF CONTRACTING WITH VENDORS AND RETAILERS; TO PROVIDE FOR THE SALE OF LOTTERY GAME TICKETS AND THE DISTRIBUTION OF PRIZES; TO PROVIDE FOR ALLOCATION OF LOTTERY PROCEEDS WHICH MUST BE USED FOR EDUCATIONAL PURPOSES AND PROGRAMS; TO PROVIDE CRIMINAL PENALTIES FOR SELLING A LOTTERY TICKET TO A MINOR, PURCHASING A LOTTERY TICKET AS A MINOR, AND DEFRAUDING OR OTHERWISE TAMPERING WITH THE LOTTERY OR MAKING MATERIAL REPRESENTATIONS IN AN APPLICATION OR REPORT IN CONNECTION WITH THE LOTTERY; TO CREATE A SOUTH CAROLINA EDUCATION LOTTERY OVERSIGHT COMMITTEE; TO PROVIDE FOR SET-OFF DEBT COLLECTION FROM PRIZE WINNINGS; TO ESTABLISH THE SOUTH CAROLINA EDUCATION LOTTERY ACCOUNT INTO WHICH THE NET REVENUE RECEIVED FROM THE STATE EDUCATION LOTTERY MUST BE DEPOSITED AND TO PROVIDE APPROPRIATIONS FROM THE EDUCATION LOTTERY ACCOUNT BEGINNING IN FISCAL YEAR 2001-02 FOR SPECIFIED PURPOSES; AND TO AMEND SECTION 1-3-240, AS AMENDED, RELATING TO THE ENTITIES FROM WHICH AN APPOINTEE BY THE GOVERNOR MAY BE REMOVED IN CERTAIN CONDITIONS, SO AS TO ADD THE SOUTH CAROLINA EDUCATION LOTTERY CORPORATION TO THAT LIST OF ENTITIES.
The Senate proceeded to a consideration of the Bill, the question being the third reading of the Bill.
Senator RITCHIE spoke on the Bill.
Senator MOORE spoke on the Bill.
At 1:31 P.M., with Senator MOORE retaining the floor, on motion of Senator McCONNELL, with unanimous consent, the Senate receded from business not to exceed ten minutes.
At 2:41 P.M., the Senate resumed.
The question then was the third reading of the Bill.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Anderson Bauer Branton Courson Drummond Elliott Fair Ford Giese Glover Gregory Grooms Hawkins Hayes Holland Hutto Jackson Kuhn Land Leatherman Leventis Martin Matthews McConnell McGill Mescher Moore O'Dell Patterson Peeler Pinckney Rankin Ravenel Reese Richardson Ritchie Ryberg Setzler Short Smith, J. Verne Thomas Verdin Waldrep
The Bill was read the third time, passed and ordered returned to the House of Representatives with amendments.
Having received a favorable report from the Committee on Corrections and Penology, on motion of Senator FAIR, the following appointment was confirmed in open session:
Initial Appointment, Director, Department of Probation, Parole and Pardon Services, with term coterminous with Governor
Joan Burnett Meacham, SCDPPPS, 2221 Devine Street, Columbia, S.C. 29205 VICE Stephen Benjamin
On motion of Senator FORD, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. Isaiah Bennett, civil rights activist and union organizer, of Charleston, S.C.
Senator McCONNELL moved that, when the Senate adjourns on Friday, March 1, 2002, it stand adjourned to meet next Tuesday, March 5, 2002, at 12:00 Noon, which motion was adopted.
At 2:42 P.M., on motion of Senator McCONNELL, the Senate adjourned to meet tomorrow at 11:00 A.M. under the provisions of Rule 1 for the purpose of taking up local matters and uncontested matters which have previously received unanimous consent to be taken up.
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